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chapter-75•Chapter 75 — State Departments; Public Officers and Employees
chapter-75K.S.A. ch. 75Code1 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.
Before entering upon the discharge of his or her duties, the governor shall take and subscribe the proper oath of office, which oath shall be filed in the office of the secretary of state.
History: L. 1879, ch. 166, § 1; March 20; R.S. 1923, 75-101.
The governor shall communicate to every session of the legislature, by message, the condition of the state, and recommend such measures as the governor may deem expedient; and to each regular session of the legislature the governor shall transmit the reports of all the state officers and of the officers of all educational, charitable and penal institutions required by law to be made to him or her.
History: L. 1879, ch. 166, § 4; March 20; R.S. 1923, 75-102.
The governor shall keep and record, in a suitable book to be kept for that purpose, the number and title of every act presented to the governor for his or her approval; such record shall show the date of the receipt by the governor of every such act, and the date of his or her approval thereof, if he or she approve the same, and the date of the governor's return of any such act, with his or her objections thereto, if such return thereof be made; and the governor shall cause all acts which have become laws or taken effect by his or her approval or otherwise, to be deposited in the office of the secretary of state without delay.
History: L. 1879, ch. 166, § 5; R.S. 1923, 75-103; L. 1975, ch. 428, § 5; April 14.
(a) The governor shall keep and maintain a full and complete record of the following applications or petitions made to the governor:
(1) Applications or petitions for executive pardon, commutation of sentence or clemency;
(2) applications or petitions for the appointment of a named individual to public office when a vacancy occurs and when the governor is restricted to the appointment of nominees so submitted;
(3) applications or petitions for the appointment of a person from a list of persons submitted by an association, agency or committee where the governor is limited to make an appointment only from that list;
(4) applications for the approval of grants where the governor's approval is a condition precedent to the making of such grants either by a state agency or by the federal government;
(5) applications or petitions for declarations of emergency;
(6) petitions for the calling of a special session of the legislature pursuant to section 5 of article 1 of the constitution of the state of Kansas; and
(7) applications or petitions directed to the governor and requesting that the governor take action in accordance with subsection (c) of K.S.A. 75-3711 and amendments thereto and exercise a function otherwise specified by statute for the state finance council.
(b) The record required to be kept under subsection (a) and all records of the financial affairs and transactions regarding the receipt and expenditure of state moneys shall remain on file in the office of each governor during the governor's term of office and for a period of three years following the expiration of such term.
(c) Following the three-year period prescribed in subsection (b), all records kept and maintained pursuant to subsection (a) shall be transferred to the custody of the state historical society and the records of the financial affairs and transactions kept and maintained pursuant to subsection (b) shall be kept in the office of the governor, subject to disposal as may be authorized by the state records board.
(d) Records, correspondence and other papers of the governor which are not required to be kept and maintained under subsections (a) or (b) shall not be subject to review or audit by the legislative post auditor under the legislative post audit act.
(e) Upon completion of the term of office as governor, all records, correspondence and other papers of the former governor not required to be kept and maintained under subsections (a) or (b) which relate to the former governor's public duties while governor shall be transferred to the custody of the state historical society. During the lifetime of the former governor, no person shall have access to any such records, correspondence or other papers which are not required to be disclosed under K.S.A. 45-221 and amendments thereto, except upon consent of the former governor, and the former governor shall be considered the official custodian of such records, correspondence and other papers which are not required to be disclosed.
(f) Upon the death of a governor while in office, all records, correspondence and other papers of such deceased governor not required to be kept and maintained under subsections (a) or (b) which relate to such governor's duties while governor shall be transferred to the custody of the state historical society.
(g) A person elected or succeeding to the office of governor shall be governed by the provisions of this section as it existed at the time such person was elected or succeeded to such office.
History: L. 1879, ch. 166, § 6; R.S. 1923, 75-104; L. 1931, ch. 288, § 1; L. 1978, ch. 329, § 1; L. 1983, ch. 171, § 10; L. 1984, ch. 187, § 10; L. 1991, ch. 255, § 1; July 1.
(a) The governor shall keep or shall provide by executive order for the keeping of a record of all executive messages to the legislature, proclamations and executive orders which shall be signed by the governor, and the governor shall provide for the recording thereof in a book.
(b) The governor shall keep a record of all requisitions for the extradition of fugitives from justice made or received by him or her, and of all executive warrants issued by him or her. The records specified under this subsection (b) shall be located in the office of the pardon attorney.
History: L. 1879, ch. 166, § 7; R.S. 1923, 75-105; L. 1975, ch. 429, § 1; April 29.
All proclamations, warrants and requisitions required by law to be made or issued by and in the name of the executive of the state shall be signed by the governor or in the absence of the governor, the lieutenant governor, or in the absence of both, a person designated by the governor or, when authorized by the governor, by the governor's electronic signature.
History: L. 1879, ch. 166, § 9; R.S. 1923, 75-106; L. 2001, ch. 181, § 1; July 1.
The governor shall transact all the business of the state, civil and military, with the general government, except in cases otherwise specially provided by law.
History: L. 1879, ch. 166, § 10; March 20; R.S. 1923, 75-107.
Whenever the governor shall receive notice of the commencement of any action or proceedings, by which the rights, interests or property of the state shall be liable to be affected, the governor shall inform the attorney general thereof, and require the attorney general to act in conjunction with the counsel of the proper party to protect the interests of the state; and in any such case, or in any action prosecuted or defended in behalf of the state, he or she may, if the public interests require it, employ such counsel as he or she shall deem proper to assist in any such action or proceeding; and in case of the absence or sickness of the attorney general, or if he or she shall be in any way interested adversely to the state in any action or proceeding, the governor may employ counsel to act in his or her stead.
History: L. 1879, ch. 166, § 11; March 20; R.S. 1923, 75-108.
The governor is hereby authorized to receive from the treasury department of the United States, from time to time, as the governor shall see fit to draw for the same, the five percent (5%) of the net proceeds of sales of the public lands to which this state is or shall be entitled, pursuant to the act of congress admitting Kansas into the Union, and to execute proper vouchers therefor, and shall immediately pay the same into the state treasury and the same shall be credited to the state general fund.
History: L. 1879, ch. 166, § 12; R.S. 1923, 75-109; L. 1974, ch. 295, § 12; L. 1976, ch. 311, § 13; July 1.
The governor may distribute the quota of arms and military equipments which the state may receive from the government of the United States. The governor shall require the officers to whom such arms or equipments are distributed and delivered to execute to the state of Kansas a bond, with a sufficient surety, to be approved by the governor, in a sum not less than double the value of said arms or equipments, conditioned for the safekeeping and delivery of the same on the order of the governor.
History: L. 1879, ch. 166, § 13; R.S. 1923, 75-110; L. 2006, ch. 124, § 7; July 1.
When the conditions of any bond given by either of the state officers shall be broken, the governor shall order the same to be prosecuted; and suits may be instituted and prosecuted to final judgment against such officer and the officer's sureties, jointly or severally.
History: L. 1879, ch. 166, § 14; March 20; R.S. 1923, 75-111.
History: R.S. 1923, 75-112; Repealed, L. 1973, ch. 333, § 1; July 1.
Whenever any criminal charged with a capital offense, or with any felony, shall escape, or whenever any heinous crime has been committed in this state, the governor may offer a reward for information leading to the apprehension, delivery, or conviction, of such criminal or the perpetrator of such crime: Provided, That in no case shall the reward so offered exceed the sum of five thousand dollars ($5,000).
History: G.S. 1868, ch. 102, § 4; R.S. 1923, 75-113; L. 1971, ch. 265, § 1; July 1.
Any reward payment under K.S.A. 75-113 shall be made on the order of the governor from the state emergency fund, without approval of the state finance council.
History: L. 1971, ch. 265, § 2; July 1.
History: G.S. 1868, ch. 102, § 5; R.S. 1923, 75-114; Repealed, L. 1971, ch. 265, § 3; July 1.
Revisor's Note: Section transferred to 35-202.
Revisor's Note: Section transferred to 35-203.
Revisor's Note: Section transferred to 35-204.
Revisor's Note: Section transferred to 35-205.
The governor of the state of Kansas, is hereby authorized and empowered to employ special attorneys with the powers of assistant attorneys general and such other persons as may be deemed necessary, to fix and determine the compensations of all such persons, to make investigations and to secure evidence relative to violations of the liquor and other criminal laws of the state, and assist in the prosecution thereof, to cause to be made a complete and thorough investigation, in a way and manner and at such times as the governor may deem advisable concerning such violations; a record of the name and post-office address of each person so employed, and the nature and character of his or her employment to be kept by the governor; and each such special attorney so employed is hereby authorized and empowered, as is now provided by law, to summon witnesses, take testimony and perform all acts as may be deemed necessary and advisable in order that a complete and thorough investigation and prosecution may be made.
History: L. 1929, ch. 265, § 1; January 26.
When the district judges or judges of the district court of any judicial district in the state are authorized by law to appoint some person to fill a regular term or a vacancy in a public office and said judges fail to make an appointment within ten days after the expiration of a regular term or a vacancy occurs, the appointment shall then be made by the governor of the state.
History: L. 1945, ch. 191, § 1; L. 1976, ch. 145, § 239; January 10, 1977.
Whenever a vacancy occurs in any state office which vacancy may be filled by appointment by the governor without confirmation by the senate, if the person appointed to fill such vacancy is under the classified service of the civil service, such person may be appointed as acting official of the office or position to be filled and shall retain his or her status in said classified service during his or her tenure in such office. Any such acting official shall be vested with and exercise all the rights, powers, duties, authority and jurisdiction of the office to which such official is so appointed.
History: L. 1945, ch. 328, § 1; April 3.
History: L. 1951, ch. 444, § 1; Repealed, L. 1955, ch. 360, § 1; June 30.
History: L. 1951, ch. 444, § 2; L. 1953, ch. 373, § 1; Repealed, L. 1955, ch. 360, § 1; June 30.
The state of Kansas does hereby accept all of the southeast quarter (SE ¼) of section 28, township 11 south, range 15 east of the 6th P.M., and also lots numbered five (5) and six (6) in the northeast quarter (NE ¼) of section 28, township 11 south, range 15 east of the 6th P.M., Shawnee county, Kansas, subject to the rights of way and easements of record across, over and through said land, except the residence, the appurtenant buildings and improvements, and the twenty (20) acres surrounding the same, to be chosen and located by the executor of the will of the late Madge MacLennan.
History: L. 1957, ch. 300, § 1; April 17.
The state of Kansas does hereby accept the residence and the appurtenant buildings and improvements therewith, together with the twenty (20) acres of land surrounding same, said twenty (20) acres to be chosen and located by the executor of the will of the late Madge MacLennan, all of said lands and buildings located in the southeast quarter (SE ¼) of section 28, township 11 south, range 15 east of the 6th P.M., and also lots numbered five (5) and six (6) in the northeast quarter (NE ¼) of section 28, township 11 south, range 15 east of the 6th P.M., all in Shawnee county, Kansas, subject to the rights of way and easements of record across, over and through said land.
History: L. 1957, ch. 300, § 2; April 17.
The acceptance by the state of Kansas of the land and improvements described in K.S.A. 75-121 and 75-122 is made subject to and in accordance with the terms and conditions of the will of the late Madge MacLennan, probate of which is currently pending in the probate court of Shawnee county, Kansas.
History: L. 1957, ch. 300, § 3; April 17.
History: L. 1961, ch. 425, § 1; L. 1982, ch. 344, § 1; Repealed, L. 1985, ch. 271, § 1; July 1.
Whenever a vacancy shall occur in the office of governor, the lieutenant governor shall become governor. Whenever the office of lieutenant governor is vacant and a vacancy occurs in the office of governor, or whenever vacancies occur in the office of governor and lieutenant governor at the same time, the president of the senate shall become governor. Whenever the offices of governor, lieutenant governor and president of the senate are vacant, the speaker of the house of representatives shall become governor.
History: L. 1973, ch. 157, § 16; February 16.
In the event of the disability of the governor, the lieutenant governor shall assume the powers and duties of the governor until the disability is removed. Whenever the governor is disabled and the lieutenant governor is unable to assume the powers and duties of the governor for the reason that the office of lieutenant governor is vacant or for the reason that the lieutenant governor is disabled, the president of the senate shall assume the powers and duties of the governor until the disability of the governor is removed. Whenever the governor is disabled and the lieutenant governor and president of the senate are both unable to assume the powers and duties of the governor, the speaker of the house of representatives shall assume the powers and duties of the governor until the disability of the governor is removed.
History: L. 1973, ch. 157, § 17; February 16.
Whenever the lieutenant governor is provided by law to be a member or officer, or both, of any board, commission, council or other statutory body, and the office of lieutenant governor is vacant, the president of the senate shall be such member or officer, unless some other provision of law provides to the contrary.
History: L. 1973, ch. 153, § 28; July 1.
The official home of the governor of the state of Kansas is hereby designated as the governor's residence.
History: L. 1976, ch. 333, § 1; March 23.
There is hereby established the governor's residence advisory commission to be composed of eight members as follows: (a) The secretary of administration; (b) the executive secretary of the Kansas historical society; (c) the chairperson of the senate committee on ways and means; (d) the minority leader of the senate or a senator of the same party designated by the minority leader; (e) the chairperson of the house of representatives committee on appropriations; (f) the minority leader of the house of representatives or a house member of the same party designated by the minority leader; (g) the governor's spouse or a person designated by the governor; and (h) the president of the friends of cedar crest association or an officer of such association designated by the president. The secretary of administration shall serve as chairperson of the governor's residence advisory commission.
History: L. 1976, ch. 333, § 2; L. 1978, ch. 200, § 6; L. 1978, ch. 330, § 10; L. 1986, ch. 315, § 1; L. 1987, ch. 196, § 11; February 19.
The governor's residence advisory commission shall report to the legislature annually on the condition and state of repair of the governor's residence and its grounds and appurtenances, including fixed and movable equipment. The commission may incorporate within its report specific recommendations for furnishings, fixtures, security devices and systems, remodeling, repairs, replacements, additions and other improvements or alterations to the governor's residence and its grounds and appurtenances, including fixed and movable equipment.
History: L. 1976, ch. 333, § 3; March 23.
The governor's residence advisory commission shall have the power to accept on behalf of the state any gift or donation made for the purpose of furnishing, improving or beautifying the governor's residence or its grounds or appurtenances.
History: L. 1976, ch. 333, § 4; March 23.
(a) In addition to the authority granted to the governor's residence advisory commission, the secretary of administration is hereby authorized to accept on behalf of the state any grants, gifts, contributions, bequests or donations of personal property or money for the purpose of restoring, renovating, furnishing, improving or beautifying the property identified in K.S.A. 75-121, and amendments thereto, which is known as Cedar Crest. Prior to accepting such a grant, gift, contribution, bequest or donation, the secretary of administration may advise and consult with the governor's residence advisory commission. If any donation of money is subject to terms and conditions established by the donor, the governor's residence advisory commission shall be advised of the donation and its associated terms and conditions prior to acceptance by the secretary of administration.
(b) Any moneys donated for Cedar Crest and received and accepted by the secretary of administration shall be paid to the department of administration and shall be deposited in the state treasury to the credit of the executive mansion gifts fund.
History: L. 1999, ch. 33, § 2; April 1.
As used in this act "incoming governor" means the person who is the apparent successful candidate for the office of governor, as ascertained by the secretary of state following the general election for such office. The secretary of state shall make such determination on the day next following such election or as soon thereafter as such fact can be ascertained.
History: L. 1980, ch. 277, § 1; July 1.
The legislature hereby declares it to be the purpose of this act to promote the orderly transfer of the executive power of the office of governor upon the expiration of the term of office of a governor and the inauguration of a new governor.
History: L. 1980, ch. 277, § 2; July 1.
(a) In preparing for the assumption of official duties as governor, each incoming governor who is not the governor currently in office, shall be provided necessary services and facilities, including:
(1) The use of office space, located on the first or second floor of the state capitol, appropriately equipped with furniture, furnishings, office machines and equipment, and office supplies as determined by the secretary of administration after consultation with the incoming governor;
(2) staff members, to be selected by the incoming governor, at rates of compensation determined by him or her within the limitations of appropriations therefor and paid therefrom by the director of the budget. Whenever requested by the incoming governor, any employee of any agency of the executive branch of the state government may be assigned to such staff on a reimbursable or nonreimbursable basis and while so assigned such employee shall be responsible only to the incoming governor for the performance of duties for which assigned. Any employee so assigned shall continue to receive the compensation provided by law for his or her regular employment, and shall retain the rights and privileges of such regular employment without interruption. Persons appointed as staff members under this subsection, other than those assigned from state agencies, shall be within the unclassified service;
(3) payment of expenses by the director of the budget within the limitations of appropriations therefor, for:
(i) services of experts and consultants;
(ii) travel expenses and subsistence allowances for persons serving without compensation;
(iii) mailing and telecommunications services; and
(iv) printing and binding services.
(b) In the case where the incoming governor is the incumbent governor, there shall be no expenditures of funds for the provision of services and facilities to such incumbent under this act, and any funds appropriated for such purposes shall be lapsed.
History: L. 1980, ch. 277, § 3; July 1.
(a) For the purpose of promoting the orderly transfer of the executive power of the office of governor upon the expiration of his or her term of office, the person leaving the office of governor shall be provided:
(1) The use of office space, appropriately equipped with furniture, furnishings, office machines and equipment and office supplies as determined by the secretary of administration;
(2) secretarial and such other staff assistance as may be deemed necessary by the person leaving office and compensated by the director of the budget within the limitations of appropriations made therefor; and
(3) mailing and communications services the cost of which shall be paid by the director of the budget within the limitations of appropriations made therefor.
(b) During the thirty (30) days following the expiration of his or her term as governor, the person leaving such office shall be compensated at the rate of one hundred dollars ($100) per day for each day spent in the city of Topeka in completing the business of his or her term of governor and assisting in the transfer of such office to the incoming governor plus actual traveling and necessary expenses incurred in connection therewith.
History: L. 1980, ch. 277, § 4; July 1.
It shall be incumbent upon the outgoing governor to: (a) Advise with the incoming governor with regard to current ongoing programs of the state and to assist him or her in establishing channels of communications with state agencies; and
(b) provide the incoming governor access to all records, correspondence and other papers of the office which are required to be kept and maintained under the provisions of subsections (a) and (b) of K.S.A. 75-104.
History: L. 1980, ch. 277, § 5; July 1.
There are authorized to be appropriated for the director of the budget all funds necessary for carrying out the purposes of this act but not to exceed $150,000 for any one gubernatorial transition to remain available during the fiscal year in which the transition occurs. The governor shall include in the budget transmitted to the legislature, for each fiscal year in which the governor's regular term of office will expire, a proposed appropriation for carrying out the purposes of this act.
History: L. 1980, ch. 277, § 7; L. 1982, ch. 345, § 1; July 1.
(a) There is hereby established within the governor's department a commission on autism consisting of not more than 15 members appointed by the governor from representatives of state and local governmental agencies, educational professionals knowledgeable in the field of autism, persons licensed to practice medicine and surgery who have expertise in the field of autism, representatives of private organizations involved in assisting autistic persons and their families, providers of services to autistic individuals, consumers of services to autistic individuals and representatives of the general public. The members of the commission shall serve at the pleasure of the governor.
(b) The commission on autism shall advise the office of the governor in regard to matters relating to autism, shall make recommendations to the governor concerning the implementation of the findings and recommendations of the task force on autism created under 1987 House Concurrent Resolution No. 5017 [L. 1987, ch. 416] and shall monitor developments within the field of autism relating to the needs of persons with autism.
(c) The chairperson and vice-chairperson of the commission shall be designated by the governor. The commission shall meet at the call of the chairperson but no more than four times a year. A majority of all the members of the commission shall constitute a quorum.
(d) The 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. Amounts paid under this subsection (d) shall be from appropriations to the governor's department 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. 1988, ch. 290, § 1; July 1.
The title to the personalized shotgun that was presented by O. P. Mossberg and Sons, a gun manufacturer, to Governor Joan Finney to use at the Governor's One Shot Turkey Hunt in 1992 and that was accepted on behalf of Kansas by Governor Joan Finney, is hereby transferred and conveyed to former governor Joan Finney on the effective date of this act.
History: L. 1998, ch. 50, § 1; April 9.
(a) The governor, for and on behalf of the state of Kansas, is hereby authorized and empowered to convey to C.A.R.E.S., Inc., a not-for-profit corporation, by quitclaim deed without consideration, all rights, title and interest of the state of Kansas in the following described real property with improvements thereon and easements, in Cloud county, Kansas: Lots Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), and Thirteen (13), in Block One Hundred Twelve (112); All in the City of Concordia, Cloud County, Kansas, according to the recorded Plat thereof.
(b) Conveyance of such rights, title and interest in such real estate, improvements thereon and easements, shall be executed in the name of the state of Kansas by the governor. No conveyance of real estate, improvements thereon and easements, authorized by this section shall be made by the state of Kansas until the deeds and conveyances have been reviewed and approved by the attorney general.
History: L. 1998, ch. 28, § 1; March 19.
The commission on disability concerns is hereby transferred from the department of commerce to the office of governor and shall be a part thereof. The commission shall be advisory to the governor. The governor shall appoint an executive director of the commission. The office of governor shall provide office space and such clerical and other personnel as may be necessary for the efficient performance of the commission.
History: Executive Reorganization Order No. 35, § 1; L. 2011, ch. 131, § 1; July 1.
Except as otherwise provided by K.S.A. 75-141 through 75-147, and amendments thereto, all powers, duties, and functions of the commission on disability concerns under K.S.A. 74-6701 et seq., and amendments thereto, are hereby transferred to and imposed upon the commission.
History: Executive Reorganization Order No. 35, § 2; L. 2011, ch. 131, § 2; July 1.
(a) The commission shall be the successor in every way to the powers, duties, and functions of the commission in which the same were vested prior to the effective date of K.S.A. 75-141 through 75-147, and amendments thereto, and that are transferred pursuant to K.S.A. 75-142, and amendments thereto. Every act performed in the exercise of such transferred powers, duties, and functions by or under the authority of the commission shall be deemed to have the same force and effect as if performed by the commission in which such powers, duties, and functions were vested prior to the effective date of K.S.A. 75-141 through 75-147, and amendments thereto.
(b) Whenever the commission 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 office of governor, such reference or designation shall be deemed to apply to the commission attached to the office of governor.
(c) All rules and regulations, orders, and directives of the commission which relate to the functions transferred by K.S.A. 75-141 through 75-147, and amendments thereto, and which are in effect on the effective date of K.S.A. 75-141 through 75-147, and amendments thereto, shall continue to be effective and shall be deemed to be rules and regulations, orders, and directives of the commission until revised, amended, revoked, or nullified pursuant to law.
History: Executive Reorganization Order No. 35, § 3; L. 2011, ch. 131, § 3; July 1.
(a) The balances of all funds or accounts thereof appropriated or reappropriated for the commission relating to the powers, duties, and functions transferred by K.S.A. 75-141 through 75-147, and amendments thereto, are hereby transferred within the state treasury to the office of governor 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 commission under K.S.A. 75-141 through 75-147, and amendments thereto, shall be assumed and paid by the commission attached to the office of governor.
History: Executive Reorganization Order No. 35, § 4; L. 2011, ch. 131, § 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. 75-141 through 75-147, and amendments thereto, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The commission attached to the office of governor 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 commission attached to the office of governor. Any conflict as to the proper disposition of property, personnel, or records arising under K.S.A. 75-141 through 75-147, and amendments thereto, shall be determined by the governor, whose decision shall be final.
History: Executive Reorganization Order No. 35, § 5; L. 2011, ch. 131, § 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. 75-141 through 75-147, 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. 75-141 through 75-147, 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. 75-141 through 75-147, and amendments thereto.
History: Executive Reorganization Order No. 35, § 6; L. 2011, ch. 131, § 6; July 1.
(a) All officers and employees of the commission who, immediately prior to the effective date of K.S.A. 75-141 through 75-147, and amendments thereto, are engaged in the exercise and performance of the powers, duties, and functions transferred by K.S.A. 75-141 through 75-147, and amendments thereto, as well as all officers and employees of the commission who are determined by the executive director of the commission attached to the office of governor 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. 75-141 through 75-147, and amendments thereto, are hereby transferred to the commission attached to the office of governor. All classified employees so transferred shall retain their status as classified employees.
(b) Officers and employees of the commission transferred by K.S.A. 75-141 through 75-147, 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. 75-141 through 75-147, and amendments thereto, shall affect the classified status of any transferred person employed by the commission prior to the date of transfer.
History: Executive Reorganization Order No. 35, § 7; L. 2011, ch. 131, § 7; July 1.
The great seal of the state of Kansas, procured by the secretary of state, as required by the joint resolution approved May twenty-fifth, eighteen hundred and sixty-one (which resolution was published as chapter seventy-eight [*], Laws of eighteen hundred sixty-one), shall be and remain the great seal of this state. Such seal is described in said joint resolution as follows: The east is represented by a rising sun, in the right-hand corner of the seal; to the left of it, commerce is represented by a river and a steamboat; in the foreground, agriculture is represented as the basis of the future prosperity of the state, by a settler's cabin and a man plowing with a pair of horses; beyond this is a train of ox-wagons, going west; in the background is seen a herd of buffalo, retreating, pursued by two Indians, on horseback; around the top is the motto, "Ad astra per aspera," and beneath a cluster of thirty-four stars. The circle is surrounded by the words, "Great seal of the state of Kansas. January 29, 1861."
History: L. 1879, ch. 166, § 15; March 20; R.S. 1923, 75-201.
The description in writing of the great seal of the state, deposited and recorded in the office of the secretary of state, shall be and remain a public record.
History: L. 1879, ch. 166, § 16; March 20; R.S. 1923, 75-202.
The great seal of the state shall be kept in the executive office, and shall be used only in attestation of the proclamations, commissions and executive warrants issued by the governor, and of all obligations of the state issued in pursuance of law, and of such acts of authentication as may be required under the laws of the United States, and under the rules of comity between states.
History: L. 1879, ch. 166, § 17; March 20; R.S. 1923, 75-203.
The lieutenant governor shall before he or she enters upon the duties of office take and subscribe the proper oath of office, which oath shall be filed in the office of the secretary of state. The lieutenant governor shall perform such duties as are prescribed by the constitution, and such as may be required of him or her by law.
History: L. 1879, ch. 166, § 18; March 20; R.S. 1923, 75-301.
History: L. 1879, ch. 166, § 19; R.S. 1923, 75-302; Repealed, L. 1973, ch. 157, § 26; February 16.
If the governor determines that in the best interest of the state the powers and duties of the lieutenant governor should include serving as a secretary of a state department or as a department head, the governor may appoint the lieutenant governor to such position if the position is required by law to be appointed by the governor. A lieutenant governor appointed to a position in accordance with this section shall be subject to all qualifications established by law for a person holding such position.
History: L. 1982, ch. 355, § 1; July 1.
The secretary of state shall before entering upon the discharge of his or her duties take and subscribe to the proper oath of office which shall be filed in the office of the secretary of state.
History: L. 1879, ch. 166, § 20; R.S. 1923, 75-401; L. 1967, ch. 434, § 42; L. 1974, ch. 364, § 12; January 13, 1975.
The secretary of state shall have the custody of all books, records, maps, papers and other articles and effects belonging to the state, which from time to time are required to be deposited and kept in his or her office; and the secretary of state shall make such provisions for their arrangement and preservation as may be necessary. All official bonds, and other valuable papers of the state, shall be recorded in books kept for that purpose, and the originals be deposited with the state treasurer, who shall receipt for them and be responsible for their safekeeping.
History: L. 1879, ch. 166, § 21; March 20; R.S. 1923, 75-402.
The secretary of state shall countersign all proclamations and commissions issued by the governor, and shall keep a registry of all commissions issued by the governor, specifying the person to whom issued, the office conferred, with the date and tenure of the commission. Every such commission must be transmitted by the secretary of state to the person so commissioned, together with such blank oath and other papers as are required by law to be filed by such appointee in the office of secretary of state: Provided, That where an official bond is required of any such appointee other than a state officer or employee, the secretary shall first notify him or her of his or her appointment, and shall forward him or her a blank bond to be filed, and such commission shall not be transmitted until such bond is returned and found sufficient; and the appointment and commission shall not in any such case be deemed or held to confer any office or right until the required bond is given and filed as provided by law. After transmitting notification of appointment and forwarding a blank bond to an applicant for appointment as a notary public, if the completed bond is not returned within ninety (90) days from the date of such transmittal, the secretary of state shall destroy said applicant's application papers.
History: L. 1879, ch. 166, § 22; R.S. 1923, 75-403; L. 1967, ch. 434, § 43; L. 1968, ch. 257, § 1; July 1.
The secretary of state shall be the custodian and charged with the safekeeping of all enrolled bills and resolutions, and he or she shall not permit the same to be taken out of his or her office unless by order of the governor, or by resolution of one or both houses of the legislature, or as may be rendered necessary by the next section; and if the secretary of state does permit the same to be taken out of his or her office except as hereinbefore provided, the secretary of state shall be deemed guilty of an impeachable offense. The secretary of state shall deposit in the office of the treasurer an authenticated copy of every law authorizing the payment of money out of the state treasury, immediately after the passage of the same.
History: L. 1879, ch. 166, § 23; March 20; R.S. 1923, 75-404.
History: L. 1879, ch. 166, § 24; R.S. 1923, 75-405; L. 1968, ch. 7, § 4; Repealed, L. 1969, ch. 249, § 17; January 21.
He or she shall cause the acts of the congress of the United States, and the acts and reports of the several states, which may be received at his or her office, to be deposited in the state library.
History: L. 1879, ch. 166, § 25; March 20; R.S. 1923, 75-406.
The secretary of state shall procure and keep an official seal, having such appropriate design as the secretary of state shall designate, to be surrounded by the words, "secretary of state—state of Kansas." Such seal shall be used to authenticate all official certificates to copies of all papers, writings or documents legally deposited in the office of such secretary, and all certificates of election, and every other certificate the secretary is by law required to make.
History: L. 1879, ch. 166, § 27; R.S. 1923, 75-407; L. 1972, ch. 332, § 45; July 1.
Papers, records and documents in the office of the secretary of state shall not be permitted to be taken from such office, or from the secretary of state's possession or that of his or her clerks, except where reproduction of any such papers, records or documents cannot be made within the secretary of state's office. The secretary of state shall establish procedures for the removal of any such papers, records and documents from the secretary of state's office for the purpose of reproducing the same. Certified copies shall be given in all cases when required.
History: L. 1879, ch. 166, § 28; R.S. 1923, 75-408; L. 1975, ch. 430, § 1; April 15.
(a) The secretary of state, when required by any person to make out a certified copy of any law, resolution, bond, record, document or paper deposited or kept in or prepared by the secretary of state's office, shall attach an official certification thereto under the secretary of state's official seal. Such copy, thus certified, shall be received in evidence in the same manner and with like effect as the original. The secretary of state shall charge a fee per page in an amount fixed by the secretary of state and approved by the director of accounts and reports under K.S.A. 45-204 for each such copy so made and certified, and unless otherwise specifically provided by law, for photocopies of any document or instrument on file in or prepared by the secretary of state's office which are not certified, the secretary of state shall charge a fee per page in an amount fixed by the secretary of state and approved by the director of accounts and reports under K.S.A. 45-204 for each such copy.
(b) Where any such copy must be made outside the secretary of state's office, in addition to the certification fee, the secretary of state shall charge the requesting party the actual costs of reproducing and transmitting such copy in an amount fixed by the secretary of state and approved by the director of accounts and reports under K.S.A. 45-204.
History: L. 1879, ch. 166, § 29; R.S. 1923, 75-409; L. 1972, ch. 54, § 23; L. 1973, ch. 334, § 1; L. 1975, ch. 430, § 2; L. 1978, ch. 347, § 18; L. 1983, ch. 272, § 2; July 1.
The secretary of state shall have the sole custody and distribution of the printed laws of the state. The secretary of state shall have the custody of the returns of all elections made to his or her office, and of all charters of private corporations, and such other papers and documents as are or may be required by law to be filed or recorded in the office.
History: L. 1879, ch. 166, § 30; March 20; R.S. 1923, 75-410.
He or she shall make report and give information to the governor, or either branch of the legislature, respecting all matters referred to him or her by the governor, or either house of the legislature, when required; and the governor, or a committee of either or both houses of the legislature, shall have free access to his or her office for the inspection and examination of all books, papers, records and proceedings.
History: L. 1879, ch. 166, § 31; March 20; R.S. 1923, 75-411.
The secretary of state is hereby authorized to appoint an assistant secretary of state and five deputy assistant secretaries of state, one of whom shall be an attorney at law and who shall serve as legal counsel for the secretary of state. The assistant and each deputy assistant shall take the oath of office required of public officers. In the absence of the secretary of state, such assistant and deputy assistants shall have charge of the office, and each may perform the duties devolved by law upon such secretary, except as otherwise provided; but in every case they shall act in the name of their principal, and sign and attest all papers and certificates in the name of their principal, by themselves as assistant secretary or deputy assistant secretary. The secretary of state may appoint other unclassified employees as may be necessary to discharge the duties of office and as are authorized by law.
History: L. 1879, ch. 166, § 32; R.S. 1923, 75-412; L. 1955, ch. 361, § 1; L. 1967, ch. 435, § 1; L. 1969, ch. 395, § 1; L. 1980, ch. 263, § 1; July 1.
(a) The secretary of state may appoint such other assistants and clerks as may be authorized by law, but the secretary of state shall be responsible for the proper discharge of the duties of all assistants and clerks, and they shall hold their offices at the will and pleasure of the secretary and shall do and perform such general duties as the secretary may require.
(b) (1) The secretary of state shall appoint a chief information security officer who shall be responsible for establishing security standards and policies to protect the office's information technology systems and infrastructure. The chief information security officer shall:
(A) Develop a cybersecurity program for the office that complies with the national institute of standards and technology cybersecurity framework (CSF) 2.0, as in effect on July 1, 2024. The chief information security officer shall ensure that such programs achieve a CSF tier of 3.0 prior to July 1, 2028, and a CSF tier of 4.0 prior to July 1, 2030;
(B) ensure that the secretary of state and all employees complete cybersecurity awareness training annually and that if an employee does not complete the required training, such employee's access to any state-issued hardware or the state network is revoked; and
(C) (i) (a) coordinate with the United States cybersecurity and infrastructure security agency to perform annual audits of the office for compliance with applicable state and federal laws, rules and regulations and office policies and standards; and
(b) make an audit request to such agency annually, regardless of whether or not such agency has the capacity to perform the requested audit.
(ii) Results of audits conducted pursuant to this paragraph shall be confidential and shall not be subject to discovery or disclosure pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto.
(2) The provisions of this subsection shall expire on July 1, 2026.
History: R.S. 1923, 75-413; L. 1967, ch. 434, § 44; L. 2024, ch. 95, § 12; July 1.
The secretary of state shall perform such other duties as are or may be imposed upon him or her by law.
History: L. 1879, ch. 166, § 35; March 20; R.S. 1923, 75-414.
History: L. 1913, ch. 314, § 1; R.S. 1923, 75-415; Repealed, L. 1979, ch. 278, § 3; July 1.
History: R.S. 1923, 75-416; Repealed, L. 1979, ch. 278, § 3; July 1.
In any case in which the state is a judgment lien holder upon real property, or in any case involving real property on which the state claims a lien or any interest therein, an action may be brought in the district court in which the real property is situated against the state the same as against a private person: Provided, however, That the petition shall state the nature of the lien or interest claimed by the state. Upon the filing of such action in such court a summons shall issue out of such court directed to the sheriff of Shawnee county, Kansas, for service, and service thereof shall be made by delivering a copy of the summons and petition to the attorney general or an assistant attorney general.
History: L. 1937, ch. 271, § 1; L. 1938, ch. 54, § 1; L. 1945, ch. 316, § 1; L. 1965, ch. 459, § 1; June 30.
History: L. 1941, ch. 360, § 1; L. 1975, ch. 427, § 244; Repealed, L. 1994, ch. 113, § 1; July 1.
The secretary of state is hereby authorized to purchase official flags and official banners of the state of Kansas, and to purchase other Kansas state flags not official in size, provided the dimensions of such other flags are proportionate to the dimensions of the official state flag of Kansas. All such flags and banners shall be purchased on bids by the secretary of state by and through the state business manager or his or her successor in office in such quantity, quality and size as the secretary of state may deem necessary. The secretary of state shall sell such flags and banners and the selling price of each such flag and banner shall be as near to its cost as is practicable plus the cost of distribution, if any.
History: L. 1953, ch. 396, § 1; June 30.
All moneys collected from the sale of such flags and banners shall be remitted by the secretary of state 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 fund designated as "the state flag and banner fund," which fund is hereby created. Such moneys shall be used to carry out the provisions of this act.
History: L. 1953, ch. 396, § 2; L. 2001, ch. 5, § 356; July 1.
History: L. 1953, ch. 397, § 1; Repealed, L. 2010, ch. 25, § 1; July 1.
History: L. 1953, ch. 397, §§ 2 to 4; Repealed, L. 2010, ch. 25, § 1; July 1.
History: L. 1953, ch. 397, § 5; Repealed, L. 2010, ch. 25, § 1; July 1.
History: L. 1953, ch. 397, § 7; Repealed, L. 2010, ch. 25, § 1; July 1.
History: L. 1953, ch. 397, § 6; Repealed, L. 2010, ch. 25, § 1; July 1.
History: L. 1961, ch. 426, § 1; Repealed, L. 1963, ch. 65, § 8; July 1.
History: L. 1879, ch. 166, § 104; R.S. 1923, 75-2108; L. 1972, ch. 332, § 47; Repealed, L. 1981, ch. 324, § 36; January 1, 1982.
(a) The secretary of state shall compile, index and publish a publication to be known as the Kansas register. Such register shall contain:
(1) All acts of the legislature required to be published in the Kansas register;
(2) all executive orders and directives of the governor that are required to be filed in the office of the secretary of state;
(3) summaries of all opinions of the attorney general interpreting acts of the legislature as prepared by the office of the attorney general;
(4) notice of any public comment period on contemplated modification of an existing rule and regulation, and, in accordance with the provisions of article 4 of chapter 77 of the Kansas Statutes Annotated, and amendments thereto, all notices of hearings on proposed administrative rules and regulations and the full text of all administrative rules and regulations that have been adopted and filed with the secretary of state;
(5) the full text of all administrative rules and regulations that have been adopted and filed in accordance with the provisions of article 4 of chapter 77 of the Kansas Statutes Annotated, and amendments thereto, except that the secretary of state may publish a summary of any rule and regulation together with the address of the state agency from which a copy of the full text of the proposed rules and regulations may be received, if such rule and regulation is lengthy and expensive to publish and otherwise available in published form and a summary will, in the opinion of the secretary, properly notify the public of the contents of such rule and regulation;
(6) a cumulative index of all administrative rules and regulations that have been adopted and filed in accordance with the provisions of article 4 of chapter 77 of the Kansas Statutes Annotated, and amendments thereto;
(7) all notices of hearings of special legislative interim study committees and descriptions of all bills and resolutions introduced in the legislature during any session of the legislature, and other legislative information which is approved for publication by the legislative coordinating council;
(8) summaries of all orders of the state board of tax appeals that have statewide application;
(9) all advertisements for contracts for construction, repairs, improvements or purchases by the state of Kansas or any agency thereof for which competitive bids are required; and
(10) any other information that the secretary of state deems to be of sufficient interest to the general public to merit its publication or which is required by law to be published in the Kansas register.
(b) The secretary of state shall publish such register at regular intervals, but not less than weekly.
(c) Each publication of the register shall contain a table of contents.
(d) A cumulative index to all information required by K.S.A. 75-430 through 75-434, and amendments thereto, to be published during the previous year shall be published at least once each year.
(e) The secretary of state may omit from the register any information the publication of which the secretary deems cumbersome, expensive, or otherwise inexpedient, if the information is made available in printed or processed form by the adopting agency on application for it, and if the register contains a notice stating the general subject matter of the information and the manner in which a copy of it may be obtained.
(f) A subscription to the register shall be made available without charge on request to each officer, board, commission, and department of the state having statewide jurisdiction, to each member of the legislature, to each county clerk in the state, and to the supreme court, court of appeals and each district court.
(g) The secretary of state shall make a subscription to the register available upon payment of a fee to be fixed by the secretary of state under K.S.A. 75-433, and amendments thereto.
History: L. 1981, ch. 324, § 1; L. 1982, ch. 346, § 7; L. 1983, ch. 273, § 1; L. 1983, ch. 274, § 1; L. 1983, ch. 275, § 1, L. 1988, ch. 366, § 24; L. 2008, ch. 109, § 66; L. 2010, ch. 87, § 1; L. 2014, ch. 141, § 73; L. 2021, ch. 61, § 48; July 1.
(a) Any state agency in the executive branch of state government authorized by law to negotiate for contracts for ancillary technical services relating to construction or remodeling projects, or architectural, engineering, actuarial, auditing or accounting services, other than as an expert witness for the purposes of litigation, shall publish a notice of the commencement of such negotiations in the Kansas register at least 15 days prior to the commencement of such negotiations. The director of purchases may require a state agency to publish such a notice for any other contract that will be negotiated.
This subsection shall not apply to the acquisition of legal services by any state agency in the executive branch, to emergency purchases or services reported in accordance with K.S.A. 75-3739 and amendments thereto or to the acquisition of any services by any state agency in the legislative or judicial branches of state government.
This subsection shall not apply to sales of property obtained pursuant to the federal property and administrative services act.
(b) Any state agency authorized to negotiate the sale of any personal property of the state or a state agency, other than to another state agency, shall publish a notice of the commencement of such negotiations in the Kansas register at least 15 days prior to the commencement of such negotiations.
(c) Any state agency authorized by law to enter into leases on real property of the state or a state agency for the production of oil, natural gas, sand, gravel or any other mineral, or combination thereof, by competitive bids or other procedures as authorized by law, shall publish a notice of intention to enter into a lease for such mineral production in the Kansas register at least 30 days prior to the bid opening or the commencement of such other procedure as authorized by law.
(d) Any state agency authorized by law to lease or sell any real property of the state or any state agency or any interest in such real property, other than to another state agency or a political subdivision, shall publish a notice of intention to lease or sell state real property at least 30 days prior to commencement of bidding or other procedure authorized by law.
History: L. 1982, ch. 346, § 8; L. 1983, ch. 274, § 2; July 1.
(a) Each agency shall designate at least one individual to act as a liaison through whom all required documents may be submitted to the secretary of state for publication in the register.
(b) Each agency or other entity shall submit materials for publication in the Kansas register to the office of the secretary of state in an electronic format. A copy of each document submitted for publication shall be maintained in original form by the secretary of state for six months after publication in the register. Upon otherwise complying with the provisions of this section, the secretary of state may destroy the original copies of all information submitted for publication.
(c) Administrative rules and regulations required to be filed in the office of the secretary of state and published in the Kansas register shall be filed under the provisions of article 4 of chapter 77 of the Kansas Statutes Annotated, and amendments thereto. If there is a conflict, the official text of a rule and regulation is the text on file with the secretary of state and not the text published in the register or on file with the issuing agency.
(d) The secretary of state is hereby authorized to adopt rules and regulations necessary to the effective administration of this act. Such rules and regulations may include, but are not limited to, the format and method of delivery of documents required to be published by this act. The secretary of state may refuse to accept for filing and publication any document that does not substantially conform to the promulgated rules and regulations.
History: L. 1981, ch. 324, § 2; L. 1988, ch. 366, § 25; L. 1997, ch. 27, § 1; L. 2010, ch. 87, § 2; July 1.
History: L. 1981, ch. 324, § 3; Repealed, L. 2010, ch. 87, § 3; July 1.
(a) The secretary of state may fix, charge and collect publication fees from state agencies for the publication of documents and information required or authorized by law to be published in the Kansas register.
(b) The secretary of state may sell annual subscriptions to the Kansas register and may fix, charge and collect subscription fees from subscribers.
(c) Fees established under this section shall be fixed in amounts adequate to recover the costs of producing and distributing the Kansas register.
(d) The secretary of state shall remit all moneys received by the secretary 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 state register 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 or a person or persons designated by the secretary.
History: L. 1981, ch. 324, § 4; L. 2001, ch. 5, § 357; L. 2021, ch. 61, § 49; July 1.
Whenever "official state paper" or "official state newspaper," 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 Kansas register.
History: L. 1981, ch. 324, § 5; January 1, 1982.
The secretary of state shall review annually all fees which are collected by the secretary of state and which are fixed by statute to determine whether such fees are sufficient to cover the costs of the services and materials for which such fees are imposed. During the first week of each regular session of the legislature, the secretary of state shall submit any recommendations for changes in such fees to the chairpersons of the committee on ways and means of the senate and the committee on appropriations of the house of representatives.
History: L. 1982, ch. 363, § 1; L. 1987, ch. 196, § 12; February 19.
(a) The secretary of state shall fix, charge and collect fees to recover the costs of delivery, including postage and handling, which are incurred in connection with the sale of volumes of the session laws, volumes and sets of the Kansas Statutes Annotated, including the cumulative supplements thereto, volumes of the permanent journals of the senate and house of representatives and volumes and sets of the Kansas administrative regulations, including the annual supplements thereto.
(b) The secretary of state shall remit all moneys received from fees and charges 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 information and services fee fund of the secretary of state.
History: L. 1982, ch. 363, § 2; L. 1990, ch. 339, § 3; L. 2001, ch. 5, § 358; L. 2006, ch. 15, § 2; L. 2021, ch. 61, § 50; July 1.
The secretary of state is hereby authorized to fix, charge and collect fees to recover the costs of providing print-outs of computerized information maintained by the secretary of state.
History: L. 1982, ch. 363, § 3; July 1.
(a) There is hereby created the information and services fee fund in the state treasury. The secretary of state shall charge and collect an information and services fee. The secretary of state shall adopt rules and regulations fixing the fees to be charged and collected under this section. If fees or charges for such information-related duties and services otherwise are authorized by law, the information and service fees may be charged in addition to the existing information-related or service fee or charge. The secretary of state shall remit all moneys received from fees and charges under this section, 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 information and services fee fund.
(b) All expenditures from the information and services fee fund shall be in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of state or by a person or persons designated by the secretary.
(c) On the effective date of this act, the information and copy service fee fund is hereby redesignated as the information and services fee fund. On the effective date of this act, the director of accounts and reports shall transfer all moneys in the information and copy service fee fund to the information and services fee fund. On the effective date of this act, all liabilities of the information and copy service fee fund are hereby transferred to and imposed on the information and services fee fund and the information and copy service fee fund is hereby abolished.
History: L. 1982, ch. 363, § 4; L. 2001, ch. 5, § 359; L. 2002, ch. 182, § 5; L. 2003, ch. 143, § 1; May 22.
There is hereby created in the state treasury the prepaid services fund. All payments made to the secretary of state as deposits by qualifying individuals and firms who transact business with the office of secretary of state shall be deposited in the state treasury to the credit of the prepaid services fund. The secretary of state shall cause amounts to be transferred not less than monthly from the prepaid services fund to the appropriate state fund at the time services are performed by the agency. Refunds of deposits for services not performed shall be made from the prepaid services fund.
History: L. 1982, ch. 363, § 17; July 1.
The secretary of state may administer oaths in all matters.
History: L. 1879, ch. 166, § 126; R.S. 1923, 75-3003; L. 1974, ch. 364, § 25; January 13, 1975.
(a) There is hereby created in the state treasury the cemetery and funeral audit fee fund.
(b) The secretary of state shall remit all fees received by the secretary of state for auditing any person, association, partnership, firm or corporation pursuant to K.S.A. 16-310 and 16-325 and K.S.A. 17-1312a, 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 cemetery and funeral audit fee fund.
(c) All expenditures from the cemetery and funeral audit 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 state or a person or persons designated by the secretary of state.
History: L. 1988, ch. 94, § 1; L. 2001, ch. 5, § 360; July 1.
Whenever the secretary of state audits any person, association, partnership, firm or corporation pursuant to K.S.A. 16-310 or 16-325 or K.S.A. 17-1312a, and amendments thereto, such person, association, partnership, firm or corporation shall pay the expenses thereof, which shall be assessed against it by the secretary of state on a per diem basis for days or parts thereof related to a field audit in an amount not to exceed $100 per diem.
The secretary of state shall determine the expenses of any audit and submit a bill to the person, association, partnership, firm or corporation audited. The bill shall constitute notice of such assessment and demand of payment thereof.
History: L. 1988, ch. 94, § 2; July 1.
The secretary of state, the secretary of revenue and the secretary of labor may adopt rules and regulations for the purpose of authorizing the electronic filing of reports, certificates or other documents which businesses may be required by law to file with such agencies pursuant to chapters 17, 44, 56 and 79 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 1996, ch. 157, § 1; L. 1997, ch. 10, § 1; L. 2004, ch. 179, § 115; July 1.
(a) The secretary of state shall charge a technology communication fee, established by rules and regulations but not exceeding $5, in addition to any filing fees to cover the cost of technology systems that will support services provided pursuant to the uniform electronic transactions act and amendments thereto.
(b) There is hereby created in the state treasury the technology communication fee fund.
(c) The secretary of state shall remit to the state treasurer at least monthly all technology communication fees received by the secretary of state. Upon receipt of any such remittance, the state treasurer shall deposit the amount in the state treasury to the credit of the technology communication fee fund.
(d) All expenditures from the technology communication 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 state or a person or persons designated by the secretary of state.
History: L. 2002, ch. 145, § 1; July 1.
During each month of the fiscal year ending June 30, 2003, and each fiscal year thereafter, the secretary of state shall certify to the director of accounts and reports the amount equal to the product of $1 multiplied by the number of annual reports received by the secretary of state during the preceding month from professional corporations, domestic or foreign corporations, corporations organized not for profit, domestic or foreign limited liability companies, domestic or foreign limited partnerships or any other entities pursuant to statute, which include the receipt of an annual franchise tax or privilege fee. Upon receipt of each such certification, the director of accounts and reports shall transfer an amount equal to the amount certified from the state general fund to the franchise fee recovery fund of the secretary of state, which is hereby created.
History: L. 2003, ch. 143, § 2; May 22.
The secretary of state shall remit all moneys received from business entity information report 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 state general fund.
History: L. 2004, ch. 171, § 37; L. 2005, ch. 157, § 29; L. 2021, ch. 61, § 51; January 1, 2023.
History: L. 2004, ch. 171, § 39; Repealed, L. 2021, ch. 61, § 60; July 1.
Uniform commercial code fee fund. (a) There is hereby created in the state treasury the uniform commercial code fee fund.
(b) The secretary of state shall remit to the state treasurer at least monthly all fees received by the secretary of state for providing information concerning filings under article 9 of chapter 84 of the Kansas Statutes Annotated, and amendments thereto. Upon receipt of any such remittance, the state treasurer shall deposit the entire amount in the state treasury and credit 10% of the amount to the state general fund and the balance to the uniform commercial code fee fund.
(c) All expenditures from the uniform commercial code 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 state or a person or persons designated by the secretary of state.
(d) If information regarding filings in the office of the secretary of state is provided by a register of deeds, the fee to be collected from the customer shall be an amount fixed by rules and regulations adopted by the secretary of state. The rules and regulations adopted by the secretary of state shall specify the amount the register of deeds shall remit to the county treasurer for deposit into the county general fund. The register of deeds shall remit at least monthly the remainder of all such fees collected to the state treasurer. The state treasurer shall deposit the entire amount in the state treasury and shall credit 10% of the amount to the state general fund and the remainder to the uniform commercial code fee fund.
History: L. 2000, ch. 142, § 134; L. 2011, ch. 53, § 57; July 1.
Notwithstanding the provisions of K.S.A. 75-1005(a), and amendments thereto, for the purpose of fulfilling public printing and binding requirements provided by law, the secretary of state may utilize the printing or binding services of the division of printing or, in the discretion of the secretary of state, may acquire printing or binding services in accordance with the purchasing and procurement laws applicable to state agencies.
History: L. 2021, ch. 61, § 1; July 1.
The legislature finds that persons attempting to escape from actual or threatened domestic violence, sexual assault, human trafficking or stalking frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of K.S.A. 75-451 through 75-458, and amendments thereto, is to enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence, sexual assault, human trafficking or stalking, to enable interagency cooperation with the attorney general in providing address confidentiality for victims of domestic violence, sexual assault, human trafficking or stalking, and to enable state and local agencies to accept a program participant's use of an address designated by the attorney general as a substitute mailing address.
History: L. 2006, ch. 213, § 1; L. 2010, ch. 122, § 8; L. 2021, ch. 110, § 21; May 27.
The following words and phrases when used in K.S.A. 75-451 through 75-458, and amendments thereto, shall mean, unless the context clearly requires otherwise:
(a) "Abuse" means:
(1) Causing or attempting to cause physical harm;
(2) placing another person in fear of imminent physical harm;
(3) causing another person to engage involuntarily in sexual relations by force, threats or duress, or threatening to do so;
(4) engaging in mental abuse, which includes threats, intimidation and acts designed to induce terror;
(5) depriving another person of necessary health care, housing or food; or
(6) unreasonably and forcibly restraining the physical movement of another.
(b) "Confidential address" means a residential street address, school street address or work street address of an individual, as specified on the individual's application to be a program participant under K.S.A. 75-451 through 75-458, and amendments thereto.
(c) "Confidential mailing address" means an address that is recognized for delivery by the United States postal service.
(d) "Domestic violence" means abuse committed against a victim or the victim's spouse or dependent child by:
(1) A current or former spouse of the victim;
(2) a person with whom the victim shares parentage of a child in common;
(3) a person who is cohabitating with, or has cohabitated with, the victim;
(4) a person who is related by blood or marriage; or
(5) a person with whom the victim has or had a dating or engagement relationship.
(e) "Program participant" means a person certified as a program participant under K.S.A. 75-453, and amendments thereto.
(f) "Enrolling agent" means state and local agencies, law enforcement offices, nonprofit agencies and any others designated by the attorney general that provide counseling and shelter services to victims of domestic violence, sexual assault, human trafficking or stalking.
(g) "Sexual assault" means an act which if committed in this state would constitute any crime 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 21-6422, and amendments thereto.
(h) "Stalking" means an act which if committed in this state would constitute "stalking" as defined by K.S.A. 60-31a01, and amendments thereto.
(i) "Human trafficking" means an act which if committed in this state would constitute the crime of human trafficking as defined by K.S.A. 21-3446, prior to its repeal, or K.S.A. 21-5426, and amendments thereto.
History: L. 2006, ch. 213, § 2; L. 2010, ch. 122, § 9; L. 2011, ch. 30, § 261; L. 2015, ch. 94, § 25; L. 2021, ch. 110, § 22; May 27.
(a) An adult person, an adult family member residing with the victim, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, may apply by and through an enrolling agent to have an address designated by the attorney general serve as the person's address or the address of the minor or incapacitated person. Program participants shall not apply directly to the attorney general. The attorney general shall approve an application if it is filed in the manner and on the form prescribed by the attorney general, signed by the applicant and enrolling agent under penalty of perjury, and it contains all of the following:
(1) A statement by the applicant that the applicant has good reason to believe that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, human trafficking or stalking and:
(A) That the applicant fears for the applicant's safety or the applicant's children's safety or the safety of the minor or incapacitated person on whose behalf the application is made; or
(2)* that by virtue of living with an enrolled program participant, the applicant fears that the knowledge or publication of the applicant's whereabouts will put the enrolled participant in danger.
(2) A designation of the attorney general as agent for purposes of service of process and for the purpose of receipt of mail.
(3) The confidential mailing address where the applicant can be contacted by the attorney general, and the phone number or numbers where the applicant can be called by the attorney general.
(4) The confidential address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence, sexual assault, human trafficking or stalking.
(5) Evidence that the applicant or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, human trafficking or stalking, or is an adult family member residing with the victim. This evidence may include any of the following:
(A) Law enforcement, court or other federal, state or local government records or files.
(B) Documentation from a public or private entity that provides assistance to victims of domestic violence, sexual assault, human trafficking or stalking.
(C) Documentation from a religious, medical or other professional from whom the applicant has sought assistance in dealing with the alleged domestic violence, sexual assault, human trafficking or stalking.
(D) Other forms of evidence as determined by the attorney general.
(6) A statement of whether there are any existing court orders involving the applicant for child support, child custody or child visitation and whether there are any active court actions involving the applicant for child support, child custody or child visitation, the name and address of legal counsel of record and the last known address of the other parent or parents involved in those court orders or court actions.
(7) The signature of the applicant and of any individual or representative of any enrolling agent who assisted in the preparation of the application, and the date on which the applicant signed the application.
(b) Applications shall be filed in accordance with procedures prescribed by the attorney general.
(c) Upon filing a properly completed application, the attorney general shall certify the applicant as a program participant. Applicants shall be certified for four years following the date of filing unless the certification is withdrawn or invalidated before that date. The attorney general shall adopt rules and regulations prescribing a renewal procedure.
(d) Upon certification in the program, in any case where there are court orders or court actions identified in subsection (a)(6), the attorney general, within 10 days, shall notify the other parent or parents of the address designated by the attorney general for the program participant and the designation of the attorney general as agent for purpose of service of process. The notice shall be given by mail, return receipt requested, postage prepaid, to the last known address of the other parent to be notified. A copy shall also be sent to that parent's counsel of record.
(e) A person who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's children or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, may be prosecuted for, convicted of and punished under K.S.A. 21-5824, and amendments thereto, or other applicable statutes.
History: L. 2006, ch. 213, § 3; L. 2010, ch. 122, § 10; L. 2011, ch. 30, § 262; L. 2021, ch. 110, § 23; May 27.
(a) If the program participant obtains a legal name change after being certified as a program participant, the attorney general shall cancel certification of the program participant.
(b) The attorney general may cancel a program participant's certification if there is a change in the residential address from the one listed on the application, unless the program participant provides the attorney general with seven days' prior notice of the change of address.
(c) The attorney general may cancel certification of a program participant if mail forwarded by the attorney general to the program participant's address is returned as nondeliverable.
(d) The attorney general shall cancel certification of a program participant who knowingly provides false or incorrect information.
History: L. 2006, ch. 213, § 4; L. 2021, ch. 110, § 24; May 27.
(a) A program participant may request that state and local agencies use the address designated by the attorney general as the participant's address. When creating a new public record or amending or updating an existing record, state and local agencies shall accept the address designated by the attorney general as a program participant's substitute address, unless the attorney general has determined that:
(1) The agency has a bona fide statutory or administrative requirement for the use of the address which would otherwise be confidential under K.S.A. 75-451 through 75-458, and amendments thereto; and
(2) this address will be used only for those statutory and administrative purposes.
(b) A program participant may use the address designated by the attorney general as the participant's work address.
(c) The attorney general shall forward all first class mail, and other items designated by rules and regulations, to the appropriate program participants.
History: L. 2006, ch. 213, § 5; L. 2021, ch. 110, § 25; May 27.
(a) The attorney general is authorized to adopt rules and regulations for the proper implementation of K.S.A. 75-451 through 75-458, and amendments thereto.
(b) (1) The secretary of state shall adopt rules and regulations prescribing voting procedures to maintain confidentiality of the addresses of program participants.
(2) Except for rules and regulations, orders, directives and standards of the secretary of state relating to subsection (b)(1), all rules and regulations, orders, directives and standards of the secretary of state relating to K.S.A. 75-451 through 75-458, and amendments thereto, that are in effect on June 30, 2021, shall be deemed to be the rules and regulations, orders, directives and standards of the attorney general and shall continue to be effective until amended, revoked or nullified pursuant to law.
(c) Except for records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the secretary of state relating to subsection (b)(1), the attorney general 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 secretary of state relating to K.S.A. 75-451 through 75-458, and amendments thereto.
History: L. 2006, ch. 213, § 6; L. 2021, ch. 110, § 26; May 27.
The attorney general shall not make any records in a program participant's file available for inspection or copying, other than the address designated by the attorney general, except under the following circumstances:
(a) If requested by a law enforcement agency, to the law enforcement agency in accordance with procedures prescribed by rules and regulations;
(b) if directed by a court order, to a person identified in the order;
(c) if requested by a state or local agency, to verify the participation of a specific program participant, in which case the attorney general may only confirm participation in the program; and
(d) if requested by the secretary of state for election purposes, to the secretary of state in accordance with procedures prescribed by rules and regulations.
History: L. 2006, ch. 213, § 7; L. 2021, ch. 110, § 27; May 27.
The attorney general shall designate enrolling agents to assist persons applying to be program participants. The attorney general may collaborate with enrolling agents to develop a training curriculum. Any assistance rendered to applicants by the attorney general or the attorney general's designees shall not be construed as legal advice.
History: L. 2006, ch. 213, § 8; L. 2021, ch. 110, § 28; May 27.
History: L. 1879, ch. 166, § 36; R.S. 1923, 75-501; L. 1967, ch. 434, § 45; Repealed, L. 1974, ch. 364, § 40; January 13, 1975.
History: L. 1879, ch. 166, § 37; R.S. 1923, 75-502; L. 1953, ch. 374, § 1; L. 1971, ch. 185, § 16; Repealed, L. 1974, ch. 364, § 40; January 13, 1975.
History: L. 1879, ch. 166, § 38; R.S. 1923, 75-503; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1879, ch. 166, § 39; R.S. 1923, 75-504; L. 1941, ch. 351, § 1; L. 1945, ch. 317, § 1; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1879, ch. 166, § 40; R.S. 1923, 75-505; Repealed, L. 1953, ch. 375, § 95; July 1.
History: R.S. 1923, 75-506; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1879, ch. 166, § 42; R.S. 1923, 75-507; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1879, ch. 166, § 43; R.S. 1923, 75-508; L. 1943, ch. 269, § 17; Repealed, L. 1953, ch. 375, § 95; July 1.
History: R.S. 1923, 75-509; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1879, ch. 166, §§ 46, 47; R.S. 1923, 75-510, 75-511; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1915, ch. 346, § 1; R.S. 1923, 75-512; Repealed, L. 1974, ch. 45, § 14; January 13, 1975.
History: L. 1887, ch. 224, §§ 1, 2; R.S. 1923, 75-513, 75-514; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1937, ch. 339, § 1; L. 1947, ch. 412, § 1; R.S. 1923, 75-112; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1953, ch. 375, § 80; L. 1967, ch. 434, § 62; L. 1971, ch. 185, § 17; Repealed, L. 1974, ch. 364, § 40; January 13, 1975.
History: L. 1953, ch. 375, § 91; L. 1971, ch. 185, § 18; Repealed, L. 1974, ch. 364, § 40; January 13, 1975.
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. 1974, ch. 364, § 37; January 13, 1975.
In all cases where, under the provisions of this act, part or all of the powers, duties and functions of any existing state agency are divided between any existing or newly created state agency, board or officer, each such agency, board or officer 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. Any conflict as to the proper disposition of property or records arising under this section shall be determined by the governor, whose decision shall be final.
History: L. 1974, ch. 364, § 38; January 13, 1975.
History: L. 1974, ch. 364, § 39; Repealed, L. 1976, ch. 58, § 9; July 1.
The state treasurer shall before entering upon the duties of office take and subscribe the proper official oath, and such official oath shall be filed and recorded in the office of the secretary of state.
History: L. 1879, ch. 166, § 48; L. 1923, ch. 223, § 1; R.S. 1923, 75-601; L. 1967, ch. 434, § 46; July 1.
History: L. 1879, ch. 166, § 49; R.S. 1923, 75-602; Repealed, L. 1974, ch. 294, § 13; July 1.
The treasurer shall keep an accurate account of the receipts and disbursements of the treasury, in books kept for that purpose at the expense of the state, in which the treasurer shall specify the names of persons or officers from whom received or to whom paid, on what account the same is received or paid out, and the time of such receipt or payment.
History: L. 1879, ch. 166, § 50; March 20; R.S. 1923, 75-603.
The treasurer shall be required to keep safely in the state treasury, without loaning, using, or depositing in banks or elsewhere, all public moneys of whatsoever character paid into such treasury, or otherwise and at any time placed in his or her possession and custody as state treasurer, until the same is ordered by the proper department or officer of the state government to be transferred or paid out according to law, and when such orders for the transfer or payment are received, faithfully and promptly to make the same as directed, and also to do and perform all other duties as state treasurer which may be imposed by law: Provided, That nothing in this act shall be so construed as to prohibit the state treasurer from depositing moneys in banks designated as state depositories in accordance with the act providing for state depositories.
History: R.S. 1923, 75-604; December 27.
Revisor's Note: Later act, see 75-3728, 75-3732.
History: L. 1879, ch. 166, § 52; R.S. 1923, 75-605; Repealed, L. 1953, ch. 375, § 95; July 1.
When any warrant shall be presented to the treasurer for redemption, and the funds appropriated for the purpose for which such warrant is issued are exhausted, the treasurer shall endorse thereon the date of its presentation, with the treasurer's signature thereto, and such warrant shall thereafter bear interest at a rate of interest not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009. Whenever there shall be funds in the treasury for the redemption of warrants so presented and endorsed, the treasurer shall give notice of the fact in the Kansas register, and at the expiration of 30 days after the date of such notice the interest on such warrants shall cease.
History: L. 1879, ch. 166, § 53; L. 1903, ch. 53, § 1 (Special Session); R.S. 1923, 75-606; L. 1970, ch. 64, § 88; L. 1981, ch. 324, § 24; January 1, 1982.
The treasurer shall on the first Monday of March, June, September and December, annually, deposit in the office of the director of accounts and reports all warrants by him or her redeemed or received in payment at the treasury, and take the director of accounts and reports' receipt therefor.
History: L. 1879, ch. 166, § 54; March 20; R.S. 1923, 75-607.
The treasurer shall annually, make a separate annual report showing the state of the public accounts and the funds, the amounts by him or her received, the amount paid out during the next preceding year ending on the thirtieth of June, and the balance remaining in the treasury. Such report must show the financial condition of the treasury for such year.
History: L. 1879, ch. 166, § 55; R.S. 1923, 75-608; L. 1943, ch. 269, § 18; L. 1968, ch. 143, § 1; L. 1969, ch. 310, § 56; July 1.
The treasurer shall as often as required submit the books, accounts, vouchers, and the funds of the treasury, to the inspection of the legislature, or any committee thereof appointed for that purpose, and to the board of examination.
History: L. 1879, ch. 166, § 56; March 20; R.S. 1923, 75-609.
It shall be the duty of the treasurer to call on all delinquent county treasurers, and all debtors of the state, to account for the moneys due the state from them or from their respective counties or districts; and if any county treasurer or other officer or person, when so called upon to so account, shall fail, neglect or refuse so to do, the state treasurer shall notify the attorney general of such failure, neglect or refusal, who shall immediately commence suit against them, or on their official bonds, if any, to recover the amount due.
History: L. 1879, ch. 166, § 57; March 20; R.S. 1923, 75-610.
If at any time it shall appear from the accounts of the state treasurer, or in any other way, that the state treasurer has not accounted for and paid over the public moneys of the state as directed by law, the state may proceed by civil action against the state treasurer and his or her sureties, in any court of competent jurisdiction.
History: L. 1879, ch. 166, § 58; R.S. 1923, 75-611; L. 1974, ch. 364, § 13; January 13, 1975.
History: L. 1879, ch. 166, § 59; R.S. 1923, 75-612; L. 1933, ch. 112, § 1 (Special Session); L. 1953, ch. 375, § 66; L. 1972, ch. 332, § 46; Repealed, L. 1974, ch. 364, § 40; January 13, 1975.
History: L. 1972, ch. 332, § 26; Repealed, L. 1974, ch. 364, § 40; January 13, 1975.
History: L. 1879, ch. 166, § 60; R.S. 1923, 75-613; Repealed, L. 1976, ch. 371, § 1; July 1.
History: L. 1879, ch. 166, § 61; R.S. 1923, 75-614; L. 1953, ch. 375, § 67; Repealed, L. 1976, ch. 371, § 1; July 1.
History: L. 1879, ch. 166, § 62; R.S. 1923, 75-615; L. 1943, ch. 277, § 9; Repealed, L. 1976, ch. 371, § 1; July 1.
History: R.S. 1923, 75-616; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1879, ch. 166, § 64; R.S. 1923, 75-617; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1879, ch. 166, § 65; R.S. 1923, 75-618; Repealed, L. 1953, ch. 375, § 95; July 1.
The treasurer shall have and keep a seal of office, with such device thereon as the executive council may deem most suitable.
History: L. 1879, ch. 166, § 66; March 20; R.S. 1923, 75-619.
History: L. 1879, ch. 166, § 67; R.S. 1923, 75-620; Repealed, L. 1953, ch. 375, § 95; July 1.
When any money is paid into the treasury the treasurer is required to give to the person paying the same receipts in duplicate, stating the fund to which the money belongs, one of which must be delivered to the director of accounts and reports in order to obtain the proper credit; and the amount so paid shall be charged by the director of accounts and reports to the treasurer. When any money is paid into the state treasury by any county treasurer, a triplicate receipt for such amount shall be forthwith forwarded to the county clerk of such county by the state treasurer, and such county clerk shall file such receipt and credit the county treasurer with the amount thereof.
History: L. 1879, ch. 166, § 68; March 20; R.S. 1923, 75-621.
The treasurer shall appoint an assistant state treasurer, who, in the absence of the treasurer, may perform such acts as may be authorized by the state treasurer, except as to the duties of the state treasurer as a member of the pooled money investment board. The assistant state treasurer is hereby empowered to administer oaths pertaining to all matters relating to the business of the state treasurer's office, which person shall take the oath of office required of public officers, and the state treasurer shall be responsible for the acts of such person so designated. Such person shall have such power and authority so long as it shall be the will and pleasure of the state treasurer.
History: R.S. 1923, 75-622; L. 1967, ch. 434, § 47; L. 1996, ch. 254, § 11; May 23.
(a) The treasurer shall appoint such other assistants, clerks, bookkeepers, accountants and stenographers as may be authorized by law, each of which persons shall take the oath of office required of public officers. Such persons shall hold their offices at the will and pleasure of the state treasurer.
(b) (1) The treasurer shall appoint a chief information security officer who shall be responsible for establishing security standards and policies to protect the office's information technology systems and infrastructure. The chief information security officer shall:
(A) Develop a cybersecurity program for the office that complies with the national institute of standards and technology cybersecurity framework (CSF) 2.0, as in effect on July 1, 2024. The chief information security officer shall ensure that such programs achieve a CSF tier of 3.0 prior to July 1, 2028, and a CSF tier of 4.0 prior to July 1, 2030;
(B) ensure that the treasurer and all employees complete cybersecurity awareness training annually and that if an employee does not complete the required training, such employee's access to any state-issued hardware or the state network is revoked; and
(C) (i) (a) coordinate with the United States cybersecurity and infrastructure security agency to perform annual audits of the office for compliance with applicable state and federal laws, rules and regulations and office policies and standards; and
(b) make an audit request to such agency annually, regardless of whether or not such agency has the capacity to perform the requested audit.
(ii) Results of audits conducted pursuant to this paragraph shall be confidential and shall not be subject to discovery or disclosure pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto.
(2) The provisions of this subsection shall expire on July 1, 2026.
History: R.S. 1923, 75-623; L. 1967, ch. 434, § 48; L. 2024, ch. 95, § 13; July 1.
(a) Whenever a classified position in the office of the state treasurer becomes vacant, the state treasurer is authorized to designate the position to be in the unclassified service under the Kansas civil service act.
(b) Nothing in this section shall affect the status of being in the classified service of any person employed in the office of state treasurer on the date immediately preceding the effective date of this act.
History: L. 2000, ch. 18, § 1; March 30.
History: R.S. 1923, 75-624; Repealed, L. 1953, ch. 375, § 95; July 1.
History: R.S. 1923, 75-625; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1981, ch. 299, § 29; Repealed, L. 1992, ch. 116, § 54; July 1.
History: L. 1992, ch. 146, § 9; L. 1993, ch. 10, § 3; Repealed, L. 1998, ch. 161, § 6; May 21.
(a) The state treasurer is charged with the responsibility of reviewing and making recommendations for improvements in the procedures state agencies utilize for the efficient handling of cash and cash equivalents. The state treasurer or the treasurer's designee may provide cash management consultations with state agencies and shall develop a review program which will be an ongoing effort to ensure that optimum cash management practices are being employed by state agencies and that the cash management informational need of state agencies are being met. In performing cash management consultation services the following principles shall be followed: Education and assistance in cash management practices; full consideration of the operating needs of state agencies in evaluating and recommending procedure changes; and government-wide efficiency considerations relating to cash concentration.
(b) As used in this section, "state agency" shall have the meaning ascribed to such term under K.S.A. 75-3701 and amendments thereto.
(c) Nothing in this section shall be construed as affecting the current powers and duties of the director of accounts and reports or director of the budget.
History: L. 1992, ch. 146, § 26; July 1.
(a) If a bank, savings and loan association or savings bank has a good faith reason to believe that a governmental unit has not acted in compliance with K.S.A. 12-1675, 12-1677a or 12-1677b, and amendments thereto, the eligible financial institution may file a complaint with the state treasurer in writing and signed by an executive officer of the eligible financial institution. The complaint shall be submitted in the form prescribed by the state treasurer.
(b) Each filed complaint shall be confidential, not subject to the open records act, K.S.A. 45-215 et seq., and amendments thereto, and not be disclosed except as provided in this section. The provisions of this subsection 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.
(c) If the state treasurer determines that such verified complaint does allege facts, directly or upon information and belief, sufficient to constitute a violation of the provisions of K.S.A. 12-1675, 12-1677a or 12-1677b, and amendments thereto, the state treasurer shall promptly investigate the alleged violation.
(d) If, after the investigation, the state treasurer finds that probable cause does not exist to believe the allegations of the complaint, the state treasurer shall dismiss the complaint. If, after such preliminary investigation, the state treasurer finds that probable cause exists to believe the allegations of the complaint, such complaint shall no longer be confidential and may be disclosed. Upon making any such finding, the state treasurer shall fix a time for a hearing on the matter, which shall be not more than 30 days after such finding. In either event the state treasurer shall notify the complainant and the respondent of the state treasurer's determination.
(e) The state treasurer shall notify the attorney general and the pooled money investment board of any apparent violation of law that is discovered during the course of any such investigation.
(f) Any governmental entity that knowingly violates the provisions of K.S.A. 12-1675, 12-1677a or 12-1677b, and amendments thereto, for a first violation shall be required to complete a training approved by the state treasurer concerning the requirements of K.S.A. 12-1675, 12-1677a or 12-1677b, and amendments thereto. For a second and each succeeding violation, the governmental entity shall be liable for the payment of a civil penalty in an action brought by the attorney general, in a sum set by the court of not to exceed $500 for each violation. Any civil penalty sued for and recovered hereunder by the attorney general shall be paid into the attorney general's open government fund.
History: L. 2025, ch. 41, § 5; July 1.
The legislature hereby declares that the availability of improved access to and choice of higher education opportunities in this state will benefit the residents of the state and that the establishment of a postsecondary education savings program will assist residents in meeting the expenses incurred in availing themselves of higher education opportunities. Therefore, it is the intention of K.S.A. 75-640 to 75-648, and amendments thereto, to provide for development and administration of a postsecondary education savings program and to vest the state treasurer with powers to enable the treasurer to accomplish such purpose.
History: L. 1999, ch. 154, § 11; May 27.
There is hereby established a postsecondary education savings program and such program shall be known and may be cited as the Kansas postsecondary education savings program. The program shall be implemented and become operational on July 1, 2000.
History: L. 1999, ch. 154, § 12; May 27.
The purpose of the Kansas postsecondary education savings program is to authorize the establishment of family postsecondary education savings accounts and to provide guidelines for the maintenance of such accounts to:
(a) Enable residents of this state and other states to benefit from the tax incentive provided for qualified state tuition programs as defined in section 529 of the federal internal revenue code of 1986, as amended; and
(b) attract residents of this state to institutions of postsecondary education.
History: L. 1999, ch. 154, § 13; May 27.
As used in K.S.A. 75-640 to 75-648, and amendments thereto:
(a) "Account" or "family postsecondary education savings account" means an individual savings account established in accordance with the provisions of K.S.A. 75-640 to 75-648, and amendments thereto.
(b) "Account owner" means the person or persons who enter into a postsecondary education savings agreement pursuant to the provisions of K.S.A. 75-640 to 75-648, and amendments thereto. If the account is owned by one individual, the account owner may also be the designated beneficiary of the account.
(c) "Designated beneficiary" means, with respect to an account, the individual designated at the time the account is established as the individual whose higher education expenses are expected to be paid from the account or in the case of a change in beneficiaries, the individual who is the new beneficiary.
(d) "Financial organization" means an organization authorized to do business in the state of Kansas and (1) which is an authorized fiduciary to act as a trustee pursuant to the provisions of the federal employee retirement income security act of 1974, an insurance company, or a registered investment advisor; and (2) (A) is licensed or chartered by the commissioner of insurance, (B) is licensed or chartered by the state bank commissioner, (C) is chartered by an agency of the federal government, (D) is subject to the jurisdiction and regulation of the securities and exchange commission of the federal government, or (E) is any other entity otherwise authorized to act in this state as a trustee pursuant to the provisions of the federal employee retirement income security act of 1974.
(e) "Institution of postsecondary education" means any institution of postsecondary education which is accredited by a nationally recognized accrediting agency or association, offers credit toward an undergraduate or graduate degree or other recognized postsecondary education credential, and qualifies as an eligible institution for federal student aid programs.
(f) "Member of the family" has the meaning ascribed thereto in section 529 of the federal internal revenue code of 1986, as amended.
(g) "Program" means the Kansas postsecondary education savings program established pursuant to K.S.A. 75-640 to 75-648, and amendments thereto.
(h) "Qualified higher education expenses" means any qualified higher education expense included in section 529 of the federal internal revenue code of 1986, as amended.
(i) "Qualified withdrawal" means a withdrawal from an account to pay the qualified higher education expenses of the designated beneficiary of the account.
(j) "Nonqualified withdrawal" means a withdrawal from an account but does not mean:
(1) A qualified withdrawal;
(2) a withdrawal made as the result of the death or disability of the designated beneficiary of an account;
(3) a withdrawal made on the account of a scholarship received by the designated beneficiary to the extent the amount of the withdrawal does not exceed the amount of the scholarship; or
(4) a rollover distribution.
(k) "Rollover distribution" means a rollover distribution as defined in section 529 of the federal internal revenue code of 1986, as amended, and regulations thereunder.
(l) "Treasurer" means the state treasurer.
(m) "Management contract" means the contract executed by the treasurer and a financial organization selected to act as a depository and manager of the program.
(n) "Postsecondary education savings agreement" means an agreement between the state treasurer and the account owner or owners.
(o) "Program manager" means a financial organization selected by the treasurer to act as a depository and manager of the program.
History: L. 1999, ch. 154, § 14; L. 2000, ch. 23, § 1; March 30.
(a) The state treasurer shall implement and administer the program under the terms and conditions established by K.S.A. 75-640 through 75-648, and amendments thereto.
(b) In furtherance of such implementation and administration, the state treasurer shall have the authority and responsibility to:
(1) Develop and implement the program in a manner consistent with the provisions of K.S.A. 75-640 through 75-648, and amendments thereto, through adoption of rules and regulations;
(2) engage the services of consultants on a contract basis for rendering professional and technical assistance and advice;
(3) seek rulings and other guidance from the United States department of treasury and the federal internal revenue service relating to the program;
(4) make changes to the program required for the participants in the program to obtain the federal income tax benefits or treatment provided by section 529 of the federal internal revenue code of 1986, as amended, or any similar successor legislation;
(5) charge, impose and collect administrative fees and service charges in connection with any agreement, contract or transaction relating to the program;
(6) develop marketing plans and promotion material;
(7) establish the methods by which the funds held in accounts shall be disbursed;
(8) establish the method by which funds shall be allocated to pay for administrative costs;
(9) do all things necessary and proper to carry out the purposes of K.S.A. 75-640 through 75-648, and amendments thereto;
(10) adopt rules and regulations necessary to administer K.S.A. 75-640 through 75-648, and amendments thereto;
(11) evaluate the Kansas postsecondary education savings program annually, and make a report thereon to the governor and legislature for the period; and
(12) appoint an advisory committee to make recommendations for the implementation and operation of the program. The state treasurer shall determine the membership of the committee, and members shall serve at the pleasure of the state treasurer. No member of the advisory committee appointed pursuant to this paragraph shall receive any compensation, subsistence, mileage or other allowance for serving on the advisory committee.
History: L. 1999, ch. 154, § 15; L. 2024, ch. 25, § 1; April 11.
(a) The state treasurer may implement the program through use of financial organizations as account depositories and managers.
(b) The state treasurer may solicit proposals from financial organizations to act as depositories and managers of the program. Financial organizations submitting proposals shall describe the investment instrument which will be held in accounts. The state treasurer shall select as program depositories and managers the financial organization, from among the bidding financial organizations, that demonstrates the most advantageous combination, both to potential program participants and this state, of the following factors:
(1) Financial stability and integrity of the financial organization;
(2) the safety of the investment instrument being offered;
(3) the ability of the investment instrument to track increasing costs of postsecondary education;
(4) the ability of the financial organization to satisfy recordkeeping and reporting requirements;
(5) the financial organization's plan for promoting the program and the investment the organization is willing to make to promote the program;
(6) the fees, if any, proposed to be charged to persons for opening accounts;
(7) the minimum initial deposit and minimum contributions that the financial organization will require;
(8) the ability of the financial organization to accept electronic withdrawals, including payroll deduction plans; and
(9) other benefits to the state or its residents included in the proposal, including fees payable to the state to cover expenses of operation of the program.
(c) The state treasurer may enter into a contract with a financial organization. Such financial organization management shall provide only one type of investment instrument.
(d) The state treasurer may select more than one financial organization and investment instrument for the program when the federal internal revenue service has provided guidance that giving a contributor the choice of two or more investment instruments under a state program will not cause the program to fail to qualify for favorable tax treatment under section 529 of the federal internal revenue code of 1986, as amended.
(e) A management contract shall include, at a minimum, terms requiring the financial organization to:
(1) Take any action required to keep the program in compliance with requirements of K.S.A. 75-640 to 75-648, and amendments thereto, and any actions not contrary to its contract to manage the program to qualify as a "qualified state tuition plan" as defined in section 529 of the federal internal revenue code of 1986, as amended;
(2) keep adequate records of each account, keep each account segregated from each other account and provide the state treasurer with the information necessary to prepare the statements required by K.S.A. 75-646, and amendments thereto;
(3) compile and total information contained in statements required to be prepared under K.S.A. 75-646, and amendments thereto, and provide such compilations to the state treasurer;
(4) if there is more than one program manager, provide the state treasurer with such information as is necessary to determine compliance with K.S.A. 75-646, and amendments thereto;
(5) provide the state treasurer with access to the books and records of the program manager to the extent needed to determine compliance with the contract;
(6) hold all accounts for the benefit of the account owner or owners;
(7) be audited at least annually by a firm of certified public accountants selected by the program manager and provide the results of such audit to the state treasurer;
(8) provide the state treasurer with copies of all regulatory filings and reports made by the financial organization during the term of the management contract or while the financial organization is holding any accounts, other than confidential filings or reports that will not become part of the program. The program manager shall make available for review by the state treasurer the results of any periodic examination of such manager by any state or federal banking, insurance or securities commission, except to the extent that such report or reports may not be disclosed under law; and
(9) ensure that any description of the program, whether in writing or through the use of any media, is consistent with the marketing plan developed pursuant to the provisions of K.S.A. 75-640 to 75-648, and amendments thereto.
(f) The state treasurer may provide that an audit shall be conducted of the operations and financial position of the program depository and manager at any time if the state treasurer has any reason to be concerned about the financial position, the recordkeeping practices or the status of accounts of such program depository and manager.
(g) During the term of any contract with a program manager, the state treasurer shall conduct an examination of such manager and the manager's handling of accounts. Such examination shall be conducted at least biennially if such manager is not otherwise subject to periodic examination by the state bank commissioner, the federal deposit insurance corporation or other similar entity.
(h) (1) If selection of a financial organization as a program manager or depository is not renewed, after the end of the financial organization's term:
(A) Accounts previously established and held in investment instruments at such financial organization may be terminated;
(B) additional contributions may be made to such accounts;
(C) no new accounts may be placed with such financial organization; and
(D) existing accounts held by such depository shall remain subject to all oversight and reporting requirements established by the state treasurer.
(2) If the state treasurer terminates a financial organization as a program manager or depository, the state treasurer shall take custody of accounts held by such financial organization and shall seek to promptly transfer such accounts to another financial organization that is selected as a program manager or depository and into investment instruments as similar to the original instruments as possible.
(i) The state treasurer may enter into such contracts as it deems necessary and proper for the implementation of the program.
History: L. 1999, ch. 154, § 16; May 27.
(a) Family postsecondary education savings accounts established pursuant to the provisions of K.S.A. 75-640 through 75-648, and amendments thereto, shall be governed by the provisions of this section.
(b) A family postsecondary education savings account may be opened by any person who desires to save money for the payment of the qualified higher education expenses of the designated beneficiary. Such person shall be considered the account owner.
(1) An application for such account shall be in the form prescribed by the state treasurer and contain the following:
(A) The name, address and social security number or employer identification number of the account owner;
(B) the designation of a designated beneficiary;
(C) the name, address and social security number of the designated beneficiary;
(D) the certification relating to no excess contributions; and
(E) such other information as the state treasurer may require.
(2) The state treasurer may establish a nominal nonrefundable application fee for such application.
(c) Any person may make contributions to the account after the account is opened.
(d) Contributions to accounts may be made only in cash.
(e) An account owner may withdraw all or part of the balance from an account on sixty-days' notice or such shorter period as may be authorized under rules and regulations governing the program.
(f) (1) An account owner may change the designated beneficiary of an account to an individual who is a member of the family of the prior designated beneficiary in accordance with procedures established pursuant to the provisions of K.S.A. 75-640 through 75-648, and amendments thereto.
(2) An account owner may transfer all or a portion of an account to another family postsecondary education savings account, the designated beneficiary of which is a member of the family as defined in section 529 of the federal internal revenue code of 1986, as amended.
(3) Changes in designated beneficiaries and transfers under this subsection shall not be permitted to the extent that they would constitute excess contributions or unauthorized investment choices.
(g) The program shall provide separate accounting for each designated beneficiary.
(h) Subject to the provisions of section 529 of the internal revenue code of 1986, in effect on January 1, 2002, or later versions as established in rules and regulations adopted by the treasurer, an account owner of any account shall be permitted to direct the investment of any contributions to an account or the earnings thereon.
(i) Neither an account owner nor a designated beneficiary may use an interest in an account as security for a loan. Any pledge of an interest in an account shall be of no force and effect.
(j) (1) The state treasurer shall adopt rules and regulations to prevent contributions on behalf of a designated beneficiary in excess of an amount equal to the average amount of the qualified higher education expenses that would be incurred for five years of study at institutions of postsecondary education located in the midwest states. Such amount shall be determined annually by the state treasurer.
(2) Such rules and regulations shall include requirements that any excess contributions with respect to a designated beneficiary be promptly withdrawn in a nonqualified withdrawal or transferred to another account.
(k) (1) If there is any distribution from an account to any individual or for the benefit of any individual during a calendar year, such distribution shall be reported to the federal internal revenue service and each account owner, the designated beneficiary, or the distributee to the extent required by federal law or regulation.
(2) Statements shall be provided to each account owner at least once each year within 60 days after the end of the twelve-month period to which they relate. The statement shall identify the contributions made during a preceding twelve-month period, the total contributions made to the account through the end of the period, the value of the account at the end of such period, distributions made during such period and any other information that the state treasurer shall require to be reported to the account owner.
(3) Statements and information relating to accounts shall be prepared and filed to the extent required by federal and state tax law.
(l) (1) A state or local government, or agency or instrumentality thereof, or organization described in section 501(c)(3) of the federal internal revenue code of 1986, as amended, may open and become the account owner of an account to fund scholarships for persons whose identity will be determined upon disbursement.
(2) In the case of any account opened pursuant to provision (1) of this subsection, the requirement set forth in subsection (b) that a designated beneficiary be designated when an account is opened shall not apply and each individual who receives an interest in such account as a scholarship shall be treated as a designated beneficiary with respect to such interest.
(m) An annual fee may be imposed upon the account owner or owners for the maintenance of the account.
(n) An account owner or designated beneficiary of a Kansas postsecondary education savings account must be a citizen or resident of the United States of America.
(o) The program shall disclose the following information in writing to each account owner and prospective account owner of a family postsecondary education savings account:
(1) The terms and conditions for purchasing a family postsecondary education savings account;
(2) any restrictions on the substitution of beneficiaries;
(3) the person or entity entitled to terminate the savings agreement;
(4) the period of time during which a beneficiary may receive benefits under the savings agreement;
(5) the terms and conditions under which money may be wholly or partially withdrawn from the program, including, but not limited to, any reasonable charges and fees that may be imposed for withdrawal;
(6) the probable tax consequences associated with contributions to and distributions from accounts; and
(7) all other rights and obligations pursuant to savings agreements, and any other terms, conditions and provisions deemed necessary and appropriate by the state treasurer.
(p) Nothing in K.S.A. 75-640 through 75-648, and amendments thereto, or in any savings agreement entered into pursuant to K.S.A. 75-640 through 75-648, and amendments thereto, shall be construed as a guarantee by the state of Kansas or any institution of postsecondary education that a beneficiary will be admitted to the institution of postsecondary education or, upon admission to any institution of postsecondary education, will be permitted to continue to attend or will receive a degree from such institution of postsecondary education.
(q) Moneys in a family postsecondary education savings account shall be exempt from attachment, execution or garnishment as provided by K.S.A. 60-2308, and amendments thereto.
(r) On or before the 10th day of the 2007, 2008 and 2009 legislative sessions, the state treasurer shall submit a report on the Kansas postsecondary education savings program to the senate committee on education and the house committee on higher education. Such report shall include the total number of contributions to and withdrawals from the program and the total amount of such contributions and withdrawals which were made during the preceding year.
History: L. 1999, ch. 154, § 17; L. 2000, ch. 23, § 2; L. 2002, ch. 104, § 2; Revived and amended, L. 2004, ch. 185, § 26; L. 2006, ch. 58, § 1; July 1.
(a) Nothing in K.S.A. 75-640 to 75-648, and amendments thereto, shall be construed to:
(1) Give any designated beneficiary any rights or legal interest with respect to an account unless the designated beneficiary is the account owner;
(2) guarantee that a designated beneficiary will be admitted to an institution of postsecondary education;
(3) create state residency for an individual merely because the individual is a designated beneficiary; or
(4) guarantee that amounts saved pursuant to the program will be sufficient to cover the qualified higher education expenses of a designated beneficiary.
(b) (1) Nothing in K.S.A. 75-640 to 75-648, and amendments thereto, shall create or be construed to create any obligation of the state treasurer, the state or any agency or instrumentality of the state to guarantee for the benefit of any account owner or designated beneficiary with respect to:
(A) The rate of interest or other return on any account; and
(B) the payment of interest or other return on any account.
(2) The state treasurer by rules and regulations shall provide that every contract, application, deposit slip or other similar document that may be used in connection with a contribution to an account clearly indicate that the account is not insured by the state and neither the principal deposited nor the investment return is guaranteed by the state.
History: L. 1999, ch. 154, § 18; May 27.
(a) (1) The Kansas postsecondary education savings program trust fund is hereby established in the state treasury. Such savings trust fund shall consist of moneys deposited by depositors in accordance with this act, moneys acquired from governmental and private sources and state general fund appropriations, if any. All interest derived from the deposit and investment of moneys in such savings trust fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in such savings trust fund shall remain therein and not be credited or transferred to the state general fund or to any other fund.
(2) Except as provided in subsection (b), the state treasurer shall credit all moneys received in connection with the Kansas postsecondary education savings program to the Kansas postsecondary education savings program trust fund.
(b) (1) The Kansas postsecondary education savings expense fund is hereby established in the state treasury. The fund shall consist of moneys received from the Kansas postsecondary education savings program manager.
(2) All expenses incurred by the treasurer in developing and administering the postsecondary education savings program shall be payable from the Kansas postsecondary education savings expense fund.
History: L. 1999, ch. 154, § 19; L. 2001, ch. 179, § 1; July 1.
The director of accounts and reports shall make payroll deductions from the salary and wages of state officers and employees for family postsecondary education savings accounts provided for in K.S.A. 75-464 [75-646], and amendments thereto, when authorized to make such deductions by the written, voluntary authorization of such officers and employees. No administrative fees or charges shall be assessed for costs incurred in making such deductions. Subject to the approval of the secretary of administration, the director of accounts and reports may prescribe procedures, limitations and conditions for making payroll deductions pursuant to this section.
History: L. 2000, ch. 23, § 4; March 30.
(a) As used in this section:
(1) "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.
(2) "Program" means the low-income family postsecondary savings accounts incentive program established by this section.
(3) "Qualified individual or family" means an individual or family who resides within the state of Kansas and whose household income is positive and not more than 200% of the federal poverty level for the tax year prior to the year in which the application is submitted.
(4) "Participant" means a qualified individual or family who has been approved for a matching grant under the program.
(5) "District" means a congressional district of the state of Kansas.
(6) "Application" means an application for a matching grant under the program.
(7) "Third-party contributor" means any individual or organization who contributes moneys to a family postsecondary savings account established pursuant to K.S.A. 75-640 et seq., and amendments thereto, other than the account owner who established such family postsecondary savings account for the benefit of the participant.
(8) Words and phrases have the meanings provided by K.S.A. 75-643, and amendments thereto, unless otherwise provided by this section.
(b) There is hereby established the low-income family postsecondary savings accounts incentive program. The purpose of the program is to encourage the establishment of family postsecondary savings accounts pursuant to K.S.A. 75-640, and amendments thereto, by qualified individuals and families.
(c) The treasurer shall:
(1) Implement and administer the program;
(2) develop marketing plans and promotional material for the program;
(3) prescribe the procedure for and requirements relating to the submission and approval of applications;
(4) do all things necessary and proper to carry out the purposes of this act; and
(5) adopt any rules and regulations and policies deemed necessary for implementation and administration of the program.
(d) Applications shall be submitted to the treasurer in the manner and form required by the treasurer. Applications shall be accompanied by any information deemed necessary by the treasurer. Applications shall be submitted each year using the applicant's household income from the previous tax year.
(e) In calendar years 2025, 2026 and 2027, the treasurer may approve not more than 250 applications from a single district. If 250 applications from residents of a district are not approved in each such calendar year, the treasurer may approve additional applications submitted by residents of the remaining districts of up to the program total of 1,000 applications per year. Applications shall be approved on a first come, first served basis. The treasurer shall provide written notice to an applicant of the approval or nonapproval of such person's application. For calendar year 2028, and each calendar year thereafter, the treasurer shall not accept nor approve any application for the program.
(f) The amount of contributions made to an account by an account owner who establishes a family postsecondary savings account for the benefit of a participant pursuant to K.S.A. 75-640 et seq., and amendments thereto, shall be matched by the state on a dollar-for-dollar basis if the account owner contributes at least $100 to a family postsecondary education savings account for the benefit of the participant during any of the calendar years 2025, 2026 and 2027 for which the application has been approved. The aggregate of all matching amounts for any family postsecondary savings account shall not exceed $600 for any calendar year. All contributions by a third-party contributor shall be deposited in the matching grant account for the participant established by the treasurer or another similar account for which the withdrawals are restricted as required by subsection (h).
(g) Between January 1 and January 31 of each state fiscal year, the director of accounts and reports shall transfer from the state general fund to the Kansas postsecondary education savings program trust fund the amount, as certified by the treasurer, necessary to meet the matching obligations under subsection (f) for the preceding calendar year, except that the amount transferred from the state general fund to the Kansas postsecondary education savings program trust fund shall not exceed the maximum amount specified by appropriation act for such purpose for that state fiscal year. On or before January 31 of each year, the treasurer shall transfer from the Kansas postsecondary education savings program trust fund to the account of each participant the amount determined by the treasurer to meet the matching obligation due to such participant under subsection (f) for the preceding calendar year.
(h) (1) The treasurer shall not be required to prospectively approve any withdrawals under the program. Withdrawals of matching funds under the program shall be subject to audit as provided in this subsection.
(2) The treasurer shall retrospectively audit at least 10 withdrawals of matching funds under the program made during each of the calendar years 2025, 2026 and 2027 to determine whether each such withdrawal was a qualified withdrawal or a nonqualified withdrawal under K.S.A. 75-640 et seq., and amendments thereto. The treasurer shall notify any participant whose withdrawal was selected for audit and request such participant to provide to the treasurer any documentation and information deemed necessary by the treasurer to facilitate the audit and determine whether the withdrawal was a qualified withdrawal or a nonqualified withdrawal under K.S.A. 75-640 et seq., and amendments thereto. Such documentation and information shall be submitted to the treasurer in the manner and form required by the treasurer on or before a deadline established by the treasurer and specified in the notice. If the participant does not timely respond to the notice of the audit, the audited withdrawal shall be conclusively presumed to be a nonqualified withdrawal. If the participant does not timely respond to the notice of audit or the treasurer otherwise determines that the audited withdrawal was a nonqualified withdrawal, then the treasurer shall provide notice thereof to the Kansas department of revenue or other appropriate taxing authorities as determined by the treasurer and the participant.
(3) The treasurer's determination that a withdrawal is a nonqualified withdrawal under K.S.A. 75-640 et seq., and amendments thereto, shall be conclusive for the purposes of this act, absent manifest error.
(4) If the treasurer determines that the audited withdrawal was a nonqualified withdrawal under K.S.A. 75-640 et seq., and amendments thereto, then the participant shall refund the matching portion of the withdrawal by paying such portion to the treasurer, on payment terms established by the treasurer. Any such amounts that remain due and unpaid after the date prescribed by the treasurer for the payment thereof shall be subject to interest at the rate of 5% per annum, compounded monthly, from the date prescribed by the treasurer for the payment thereof. To collect such refund and interest from the participant, the treasurer is authorized to certify the amount due for setoff pursuant to K.S.A. 75-6201 et seq., and amendments thereto, and to exercise any other enforcement right otherwise available to the treasurer. The refund requirement under this act is in addition to and not in substitution for any other fine, penalty, interest or other consequence otherwise imposed by law in connection with withdrawals from the Kansas postsecondary education savings program.
(i) The treasurer shall deposit all refunds and interest received under subsection (h) in the state treasury to the credit of the state general fund.
(j) The treasurer shall prepare and submit to the governor and the legislature a report on the program on or before January 31 of 2026, 2027 and 2028. Such report shall include the number of accounts opened under the program, the amount of moneys contributed to such accounts by the participants, the amount of matching moneys transferred by the treasurer pursuant to subsection (g), the average income of the participants, the number and results of any audit performed pursuant to subsection (h) and any other information deemed appropriate by the treasurer.
(k) The provisions of this section shall be a part of and supplemental to the Kansas postsecondary education savings program.
History: L. 2006, ch. 189, § 3; L. 2009, ch. 113, § 1; L. 2012, ch. 118, § 1; L. 2025, ch. 86, § 16; April 24.
There is hereby established an enabling savings program that shall be known and may be cited as the Kansas ABLE savings program. The purpose of the Kansas ABLE savings program is to authorize the establishment of savings accounts empowering individuals with a disability and their families to save private funds to support the individual with a disability, obtain federal and state income tax benefits of a qualified ABLE program as defined in section 529A of the federal internal revenue code of 1986 and to provide guidelines for the maintenance of such accounts.
History: L. 2015, ch. 33, § 9; L. 2022, ch. 26, § 1; July 1.
As used in this act:
(a) "Account" or "ABLE savings account" means an individual savings account established in accordance with the provisions of this act.
(b) "Account owner" means the person who enters into an ABLE savings agreement pursuant to the provisions of this act. The account owner shall also be the designated beneficiary. A conservator, guardian or a person authorized by the treasurer through procedures established by the treasurer may act on behalf of a designated beneficiary of an account in accordance with procedures established by the treasurer.
(c) "Conservator" means a person appointed by the court pursuant to the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212, and amendments thereto.
(d) "Designated beneficiary" means a Kansas resident or a person authorized by the treasurer pursuant to K.S.A. 75-653, and amendments thereto, whose qualified disability expenses may be paid from the account. The designated beneficiary must be an eligible individual at the time the account is established.
(e) "Eligible individual" means the same as defined in section 529A of the federal internal revenue code of 1986, as amended.
(f) "Financial organization" means an organization authorized to do business in the state of Kansas and is:
(1) Licensed or chartered by the commissioner of insurance;
(2) licensed or chartered by the state bank commissioner;
(3) chartered by an agency of the federal government; or
(4) subject to the jurisdiction and regulation of the securities and exchange commission of the federal government.
(g) "Guardian" means a person appointed by the court pursuant to the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212, and amendments thereto.
(h) "Management contract" means the contract executed by the treasurer and a financial organization selected to act as a depository and manager of the program.
(i) "Member of the family" means the same as defined in section 529A of the federal internal revenue code of 1986, as amended.
(j) "Nonqualified withdrawal" means a withdrawal from an account which is not:
(1) A qualified withdrawal; or
(2) a rollover distribution.
(k) "Program" means the Kansas ABLE savings program established pursuant to this act.
(l) "Program manager" means a financial organization selected by the treasurer to act as a depository and manager of the program.
(m) "Qualified disability expense" means the same as defined in section 529A of the federal internal revenue code of 1986, as amended.
(n) "Qualified withdrawal" means a withdrawal from an account to pay the qualified disability expenses of the designated beneficiary of the account.
(o) "Rollover distribution" means a rollover distribution as defined in section 529A of the federal internal revenue code of 1986, as amended.
(p) "Savings agreement" means an agreement between the program manager or the treasurer and the account owner.
(q) "Secretary" means the secretary of the United States treasury.
(r) "Treasurer" means the state treasurer.
History: L. 2015, ch. 33, § 10; L. 2022, ch. 26, § 2; L. 2025, ch. 40, § 163; January 1, 2026.
(a) The treasurer shall implement and administer the program under the terms and conditions established by this act. In furtherance of such implementation and administration, the treasurer shall have the authority and responsibility to:
(1) Develop and implement the program in a manner consistent with the provisions of this act;
(2) engage the services of consultants on a contract basis for rendering professional and technical assistance and advice;
(3) seek rulings and other guidance from the secretary and the federal internal revenue service relating to the program;
(4) make changes to the program required for the participants in the program to obtain the federal and state income tax benefits or treatment provided by section 529A of the federal internal revenue code of 1986, as amended;
(5) charge, impose and collect administrative fees and service charges in connection with any agreement, contract or transaction relating to the program;
(6) develop marketing plans and promotion material;
(7) establish the methods by which the funds held in accounts shall be dispersed;
(8) establish the method by which funds shall be allocated to pay for administrative costs;
(9) do all things necessary and proper to carry out the purposes of this act;
(10) promulgate rules and regulations necessary to effectuate the provisions of this act;
(11) make an annual evaluation of the ABLE savings program and prepare an annual report of such evaluation to be provided to the governor, the senate and the house of representatives; and
(12) notify the secretary when an account has been opened for a designated beneficiary and submit other reports concerning the program required by the secretary.
(b) The treasurer may enter into agreements with other states to either allow Kansas residents to participate in a plan operated by another state or to allow residents of other states to participate in the Kansas ABLE program.
History: L. 2015, ch. 33, § 11; L. 2022, ch. 26, § 3; July 1.
(a) The treasurer may implement the program through use of financial organizations as account depositories and managers. The treasurer may solicit proposals from financial organizations to act as depositories and managers of the program. Financial organizations submitting proposals shall describe the investment instruments which will be held in accounts. The treasurer may select more than one financial organization and investment instrument for the program. The treasurer shall select as program depositories and managers the financial organization, from among the bidding financial organizations, that demonstrates the most advantageous combination, both to potential program participants and this state, of the following factors:
(1) Financial stability and integrity of the financial organization;
(2) the safety of the investment instrument being offered;
(3) the ability of the financial organization to satisfy recordkeeping and reporting requirements;
(4) the financial organization's plan for promoting the program and the investment the organization is willing to make to promote the program;
(5) the fees, if any, proposed to be charged to the account owners;
(6) the minimum initial deposit and minimum contributions that the financial organization will require;
(7) the ability of the financial organization to accept electronic withdrawals, including payroll deduction plans; and
(8) other benefits to the state or its residents included in the proposal, including fees payable to the state to cover expenses of operation of the program.
(b) The treasurer may enter into any contracts with a financial organization necessary to effectuate the provisions of this act. Any management contract shall include, at a minimum, terms requiring the financial organization to:
(1) Take any action required to keep the program in compliance with requirements of this act and any actions not contrary to its contract to manage the program to qualify as a "qualified ABLE program" as defined in section 529A of the federal internal revenue code of 1986, as amended;
(2) keep adequate records of each account, keep each account segregated from each other account and provide the treasurer with the information necessary to prepare the statements required by K.S.A. 75-655, and amendments thereto;
(3) compile and total information contained in statements required to be prepared under K.S.A. 75-655, and amendments thereto, and provide such compilations to the treasurer;
(4) if there is more than one program manager, provide the treasurer with such information as is necessary to determine compliance with K.S.A. 75-655, and amendments thereto;
(5) provide the treasurer with access to the books and records of the program manager to the extent needed to determine compliance with the contract, this act, and section 529A of the federal internal revenue code of 1986, as amended;
(6) hold all accounts for the benefit of the account owner or owners;
(7) be audited at least annually by a firm of certified public accountants selected by the program manager and provide the results of such audit to the treasurer;
(8) provide the treasurer with copies of all regulatory filings and reports made by the financial organization during the term of the management contract or while the financial organization is holding any accounts, other than confidential filings or reports that will not become part of the program. The program manager shall make available for review by the treasurer the results of any periodic examination of such manager by any state or federal banking, insurance or securities commission, except to the extent that such report or reports may not be disclosed under law; and
(9) ensure that any description of the program, whether in writing or through the use of any media, is consistent with the marketing plan developed pursuant to the provisions of this act.
(c) The treasurer may:
(1) Enter into such contracts as it deems necessary and proper for the implementation of the program;
(2) require that an audit be conducted of the operations and financial position of the program depository and manager at any time if the treasurer has any reason to be concerned about the financial position, the recordkeeping practices or the status of accounts of such program depository and manager; and
(3) terminate or not renew a management agreement. If the treasurer terminates or does not renew a management agreement, the treasurer shall take custody of accounts held by such program manager and shall seek to promptly transfer such accounts to another financial organization that is selected as a program manager or depository and into investment instruments as similar to the original instruments as possible.
(d) The treasurer, the department for children and families, the department of health and environment and the department for aging and disability services are authorized to exchange data regarding eligible individuals to carry out the purposes of this act.
History: L. 2015, ch. 33, § 12; July 1.
(a) Any ABLE savings accounts established pursuant to the provisions of this act shall be opened by:
(1) A designated beneficiary; or
(2) a person on behalf of a designated beneficiary in accordance with section 529A of the federal internal revenue code of 1986, as amended, any rules and regulations promulgated by the secretary or procedures established by the treasurer.
(b) Each beneficiary may have only one account.
(c) The treasurer may establish a nonrefundable application fee. An application for such account shall be in the form prescribed by the treasurer and contain the:
(1) Name, address and social security number of the account owner; and
(2) additional information and certifications as the treasurer may require.
(d) Any person may make contributions to an ABLE savings account after the account is opened, subject to the limitations in accordance with section 529A of the federal internal revenue code of 1986, as amended, any rules and regulations promulgated by the secretary or procedures established by the treasurer.
(e) Contributions to ABLE savings accounts only may be made in cash. The treasurer or program manager shall reject or promptly withdraw contributions:
(1) In excess of the limits established pursuant to subsection (b); or
(2) the total contributions if the:
(A) Value of the account is equal to or greater than the account maximum established by the treasurer. Such account maximum must be equal to the account maximum for postsecondary education savings accounts established pursuant to K.S.A. 75-640 et seq., and amendments thereto; or
(B) designated beneficiary is not an eligible individual in the current calendar year.
(f) (1) An account owner may:
(A) Change the designated beneficiary in accordance with section 529A of the internal revenue code of 1986, as amended, and procedures established by the treasurer; and
(B) transfer all or a portion of an account to another ABLE savings account, in accordance with section 529A of the federal internal revenue code of 1986, as amended, and procedures established by the treasurer.
(2) No account owner may use an interest in an account as security for a loan. Any pledge of an interest in an account shall be of no force and effect.
(g) (1) If there is any distribution from an account to any individual or for the benefit of any individual during a calendar year, such distribution shall be reported to the federal internal revenue service and each account owner, the designated beneficiary or the distributee to the extent required by state or federal law.
(2) Statements shall be provided to each account owner at least four times each year within 30 days after the end of the three-month period to which a statement relates. The statement shall identify the contributions made during the preceding three-month period, the total contributions made to the account through the end of the period, the value of the account at the end of such period, distributions made during such period and any other information that the treasurer shall require to be reported to the account owner.
(3) Statements and information relating to accounts shall be prepared and filed to the extent required by this act and any other state or federal law.
(h) (1) The program shall provide separate accounting for each designated beneficiary. An annual fee may be imposed upon the account owner for the maintenance of an account.
(2) Moneys in an ABLE savings account shall be exempt from attachment, execution or garnishment as provided by K.S.A. 60-2308, and amendments thereto.
(i) Except as otherwise provided by federal law, the proceeds from an account may be transferred upon the death of a designated beneficiary to: (1) The estate of a designated beneficiary; or (2) an account for another eligible individual specified by the designated beneficiary or the estate of the designated beneficiary. The state of Kansas, or any agency or instrumentality thereof, shall not seek payment under section 529A of the internal revenue code of 1986, as amended, from the account, or its proceeds, for benefits provided to a designated beneficiary, unless otherwise required by section 1917(b) of the federal social security act, 42 U.S.C. § 1396p(b).
History: L. 2015, ch. 33, § 13; L. 2018, ch. 114, § 1; L. 2022, ch. 26, § 4; July 1.
(a) Nothing in this act shall create or be construed to create any obligation of the treasurer, the state or any agency or instrumentality of the state to guarantee for the benefit of any account owner or designated beneficiary with respect to the:
(1) Return of principal;
(2) rate of interest or other return on any account; or
(3) payment of interest or other return on any account.
(b) The treasurer may promulgate rules and regulations to provide that every contract, application or other similar document that may be used in connection with opening an account clearly indicates that the account is not insured by the state and that the principal deposited and the investment return are not guaranteed by the state.
History: L. 2015, ch. 33, § 14; July 1.
(a) The Kansas ABLE savings program trust fund is hereby established in the state treasury. The fund shall be utilized if the treasurer elects to accept deposits from contributors rather than have deposits sent directly to the program manager. Such fund shall consist of any moneys deposited by contributors in accordance with this act which are not deposited directly with the program manager. All interest derived from the deposit and investment of moneys in such savings trust fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in such savings trust fund shall remain therein and not be credited or transferred to the state general fund or to any other fund.
(b) (1) The Kansas ABLE savings expense fund is hereby established in the state treasury. The fund shall consist of moneys received from the ABLE savings program manager, or any governmental or private grants and any state general fund appropriations, if any, for the program.
(2) All expenses incurred by the treasurer in developing and administering the ABLE savings program shall be payable from the Kansas ABLE savings expense fund.
History: L. 2015, ch. 33, § 15; July 1.
The attorney general before he or she enters upon the duties of office shall take and subscribe the oath required by law which shall be filed in the office of the secretary of state.
History: L. 1879, ch. 166, § 70; R.S. 1923, 75-701; L. 1967, ch. 434, § 49; July 1.
(a) The attorney general shall appear for the state, and prosecute and defend any and all actions and proceedings, civil or criminal, in the Kansas supreme court, the Kansas court of appeals and in all federal courts, in which the state shall be interested or a party, and shall, when so appearing, control the state's prosecution or defense.
(b) The attorney general shall also, when required by the governor or either branch of the legislature, appear for the state and prosecute or defend, in any other court or before any officer, in any cause or matter, civil or criminal, in which this state may be a party or interested or when the constitutionality of any law of this state is at issue and when so directed shall seek final resolution of such issue in the supreme court of the state of Kansas.
(c) (1) The attorney general shall have authority to prosecute any matter related to a violation of K.S.A. 12-189 or 75-5133, and amendments thereto, related to unlawful acts when the offender is an officer or employee of a city or county.
(2) Notwithstanding any provision of law to the contrary, the attorney general shall have concurrent authority with any county or district attorney to prosecute the following crimes when they are part of an alleged course of criminal conduct that occurred in two or more counties:
(A) Organized retail crime as defined in K.S.A. 2025 Supp. 21-5841, and amendments thereto, and any other crime that is part of such alleged course of criminal conduct;
(B) theft as defined in K.S.A. 21-5801, and amendments thereto;
(C) violations of the Kansas racketeer influenced and corrupt organizations act, K.S.A. 21-6327 et seq., and amendments thereto; and
(D) any attempt, conspiracy or criminal solicitation as defined in K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of the crimes described in subsection (c)(2)(A), (c)(2)(B) or (c)(2)(C).
History: L. 1879, ch. 166, § 71; R.S. 1923, 75-702; L. 1975, ch. 431, § 1; L. 2005, ch. 110, § 9; L. 2013, ch. 89, § 2; L. 2023, ch. 94, § 7; L. 2024, ch. 86, § 4; July 1.
History: L. 2007, ch. 111, § 3; Repealed, L. 2008, ch. 37, § 2; April 10.
The attorney general shall, at the request of the governor, secretary of state, state treasurer, or state board of education, prosecute any official bond or any contract in which the state is interested, upon a breach thereof, and prosecute or defend for the state all actions, civil or criminal, relating to any matter connected with their departments.
History: L. 1879, ch. 166, § 72; R.S. 1923, 75-703; L. 1968, ch. 14, § 1; L. 1974, ch. 364, § 14; January 13, 1975.
The attorney general shall consult with and advise county attorneys, when requested by them, in all matters pertaining to their official duties. The attorney general shall also, when required, give his or her opinion in writing, without fee, upon all questions of law submitted to him or her by the legislature, or either branch thereof, or by the governor, secretary of state, state treasurer, state board of education, or commissioner of insurance.
History: L. 1879, ch. 166, § 73; R.S. 1923, 75-704; L. 1968, ch. 14, § 2; L. 1974, ch. 364, § 15; January 13, 1975.
From and after the effective date of this act the attorney general shall file with the state librarian one (1) copy of each written opinion rendered after said effective date by or under the authority of the attorney general.
The librarian shall then cause each copy of such opinions to be properly stamped with the words "Kansas state library" and placed in the reference and readers' services division of the state library.
In like manner, one (1) copy of each such opinion rendered after the effective date of this act shall be filed in the supreme court law library and the law libraries of the university of Kansas school of law and Washburn university law school in the custody of the law librarian within thirty (30) days after such opinions are rendered.
All opinions required to be filed under the provisions of this section, and amendments thereto, shall be given legal headings by the attorney general following the heading and chapter arrangement of the Kansas Statutes Annotated, except that in the event the Kansas Statutes Annotated do not have legal headings for areas of the law for any particular opinion, such title shall be assigned correct legal headings so as to follow the major legal subdivisions utilized in the recognized legal encyclopedias. A brief synopsis of each opinion shall be written by the attorney general to follow each title and each opinion shall be assigned a number for reference and indexing.
History: L. 1973, ch. 344, § 1; L. 1974, ch. 135, § 14; L. 1976, ch. 372, § 2; L. 2005, ch. 149, § 1; July 1.
Whenever requested by the secretary of state, state treasurer or state board of education, he or she shall prepare proper drafts for contracts, forms or other writings which may be wanted for the use of the state. He or she shall report to the legislature, or either branch thereof, whenever requested, upon any business pertaining to the duties of office.
History: L. 1879, ch. 166, § 74; R.S. 1923, 75-705; L. 1968, ch. 14, § 3; L. 1974, ch. 364, § 16; January 13, 1975.
As used in this act, "state board of education" means the state superintendent of public instruction until that office is abolished, and thereafter the constitutional state board of education.
History: L. 1968, ch. 14, § 4; July 1, 1969.
All moneys received by the attorney general belonging to this state 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. 1879, ch. 166, § 75; R.S. 1923, 75-706; L. 2001, ch. 5, § 361; July 1.
The attorney general shall keep in proper books, to be provided at the expense of the state for such purpose, a register of all actions and demands prosecuted or defended by him or her in behalf of the state, and all proceedings had in relation thereto, and shall deliver the same to his or her successor in office.
History: L. 1879, ch. 166, § 76; March 20; R.S. 1923, 75-707.
The attorney general shall perform such other duties as may be required of him or her by law.
History: L. 1879, ch. 166, § 77; March 20; R.S. 1923, 75-708.
It shall be the duty of the attorney general to pay into the state treasury for the benefit of the general revenue fund all fees and allowances of every kind and character paid to him or her under color of any general or special statute for criminal convictions secured by him or her in violations of the prohibitory law and fees awarded to the attorney general by virtue of any statute for abating liquor nuisances and all fees and allowances for enforcing all civil or criminal laws against monopolies and in restraint of trade and against gambling nuisances and practices and every other fee or allowance in any civil or criminal case whatsoever, whether specifically mentioned in this act or not; and for the appropriation to his or her private use of any such fee or allowance the attorney general shall forfeit his or her office and may be removed in the manner provided by law.
History: R.S. 1923, 75-709; December 27.
(a) The attorney general shall appoint such assistants, clerks, and stenographers as shall be authorized by law, and who shall hold their office at the will and pleasure of the attorney general. All fees and allowances earned by said assistants or any of them, or allowed to them by any statute or order of court in any civil or criminal case whatsoever, shall be turned into the general revenue fund of the state treasury, and the vouchers for their monthly salaries shall not be honored by the director of accounts and reports until a verified account of the fees collected by them, or either of them, during the preceding month, has been filed in the director of accounts and reports' office. Assistants appointed by the attorney general shall perform the duties and exercise the powers as prescribed by law and shall perform other duties as prescribed by the attorney general. Assistants shall act for and exercise the power of the attorney general to the extent the attorney general delegates them the authority to do so.
(b) (1) The attorney general shall appoint a chief information security officer who shall be responsible for establishing security standards and policies to protect the office's information technology systems and infrastructure. The chief information security officer shall:
(A) Develop a cybersecurity program for the office that complies with the national institute of standards and technology cybersecurity framework (CSF) 2.0, as in effect on July 1, 2024. The chief information security officer shall ensure that such programs achieve a CSF tier of 3.0 prior to July 1, 2028, and a CSF tier of 4.0 prior to July 1, 2030;
(B) ensure that the attorney general and all employees complete cybersecurity awareness training annually and that if an employee does not complete the required training, such employee's access to any state-issued hardware or the state network is revoked; and
(C) (i) (a) coordinate with the United States cybersecurity and infrastructure security agency to perform annual audits of the office for compliance with applicable state and federal laws, rules and regulations and office policies and standards; and
(b) make an audit request to such agency annually, regardless of whether or not such agency has the capacity to perform the requested audit.
(ii) Results of audits conducted pursuant to this paragraph shall be confidential and shall not be subject to discovery or disclosure pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto.
(2) The provisions of this subsection shall expire on July 1, 2026.
History: R.S. 1923, 75-710; L. 2005, ch. 149, § 2; L. 2024, ch. 95, § 14; July 1.
(a) There is hereby established, under the jurisdiction of the attorney general, a division to be known as the Kansas bureau of investigation. The director of the bureau shall be appointed by the attorney general, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto, and shall have special training and qualifications for such position. 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. In accordance with appropriation acts, the director shall appoint agents who shall be trained in the detection and apprehension of criminals. The director shall appoint an associate director, and any such assistant directors from within the agency as are necessary for the efficient operation of the bureau, who shall have the qualifications and employee benefits, including longevity, of an agent. The director also may appoint a deputy director and, in accordance with appropriation acts, such administrative employees as are necessary for the efficient operation of the bureau. No person shall be appointed to a position within the Kansas bureau of investigation if the person has been convicted of a felony.
(b) The director, associate director, deputy director, assistant directors and any assistant attorneys general assigned to the bureau shall be within the unclassified service under the Kansas civil service act. All other agents and employees of the bureau shall be in the classified service under the Kansas civil service act and their compensation shall be determined as provided in the Kansas civil service act and shall receive actual and necessary expenses.
(c) Any person who was a member of the bureau at the time of appointment as director, associate director or assistant director, upon the expiration of their appointment, shall be returned to an unclassified or regular classified position under the Kansas civil service act with compensation comparable to and not lower than compensation being received at the time of appointment to the unclassified service. If all such possible positions are filled at that time, a temporary additional position shall be created for the person until a vacancy exists in the position. While serving in the temporary additional position, the person shall continue to be a contributing member of the retirement system for the agents of the Kansas bureau of investigation.
(d) Each agent of the bureau shall subscribe to an oath to faithfully discharge the duties of such agent's office, as is required of other public officials.
(e) (1) The director shall appoint a chief information security officer who shall be responsible for establishing security standards and policies to protect the bureau's information technology systems and infrastructure. The chief information security officer shall:
(A) Develop a cybersecurity program for the bureau that complies with the national institute of standards and technology cybersecurity framework (CSF) 2.0, as in effect on July 1, 2024. The chief information security officer shall ensure that such programs achieve a CSF tier of 3.0 prior to July 1, 2028, and a CSF tier of 4.0 prior to July 1, 2030;
(B) ensure that the director and all employees complete cybersecurity awareness training annually and that if an employee does not complete the required training, such employee's access to any state-issued hardware or the state network is revoked; and
(C) (i) (a) coordinate with the United States cybersecurity and infrastructure security agency to perform annual audits of the department for compliance with applicable state and federal laws, rules and regulations and department policies and standards; and
(b) make an audit request to such agency annually, regardless of whether or not such agency has the capacity to perform the requested audit.
(ii) Results of audits conducted pursuant to this paragraph shall be confidential and shall not be subject to discovery or disclosure pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto.
(2) The provisions of this subsection shall expire on July 1, 2026.
History: L. 1939, ch. 310, § 1; L. 1943, ch. 276, § 2; L. 1945, ch. 318, § 1; L. 1947, ch. 413, § 1; L. 1949, ch. 423, § 7; L. 1955, ch. 362, § 1; L. 1961, ch. 405, § 1; L. 1963, ch. 418, § 1; L. 1965, ch. 460, § 1; L. 1968, ch. 331, § 1; L. 1971, ch. 267, § 1; L. 1973, ch. 335, § 1; L. 1974, ch. 373, § 1; L. 1975, ch. 401, § 2; L. 1978, ch. 332, § 33; L. 1981, ch. 325, § 1; L. 1982, ch. 347, § 49; L. 1987, ch. 331, § 4; L. 1995, ch. 213, § 1; L. 2001, ch. 66, § 1; L. 2008, ch. 121, § 17; L. 2024, ch. 95, § 15; July 1.
(a) It is the duty of the members of the bureau to make full and complete investigations at the direction of the attorney general. Each member of the bureau shall possess all powers and privileges which are now or may be hereafter given to the sheriffs of Kansas.
(b) (1) The bureau shall acquire, collect, classify and preserve criminal identification and other crime records, and may exchange such criminal identification records with the duly authorized officials of governmental agencies, of states, cities and penal institutions.
(2) The bureau shall make available to the governor's domestic violence fatality review board crime record information related to domestic violence, including, but not limited to, type of offense, type of victim and victim relationship to offender, as found on the Kansas standard offense report. Such crime record information shall be made available only in a manner that does not identify individual offenders or victims.
(c) For purposes of carrying out the powers and duties of the bureau, the director may request and accept grants or donations from any person, firm, association or corporation or from the federal government or any federal agency and may enter into contracts or other transactions with any federal agency in connection therewith.
(d) (1) The bureau shall conduct background investigations of:
(A) Appointees to positions which are subject to confirmation by the senate of the state of Kansas; and
(B) at the direction of the governor, all judicial appointments.
(2) The bureau shall require the appointee to be fingerprinted in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto. If the appointing authority is the governor, information received pursuant to this subsection also may be disclosed to the governor's staff as necessary to determine the appointee's qualifications.
(e) Reports of all investigations made by the members of the bureau shall be made to the attorney general of Kansas.
History: L. 1939, ch. 310, § 2; L. 1997, ch. 60, § 1; L. 1999, ch. 104, § 1; L. 2008, ch. 121, § 18; L. 2009, ch. 126, § 2; L. 2010, ch. 101, § 11; L. 2024, ch. 15, § 86; July 1.
History: L. 1982, ch. 324, § 2; Repealed, L. 1994, ch. 315, § 2; May 19.
(a) The Kansas bureau of investigation shall establish a missing and unidentified person system which shall be a central repository of information received by law enforcement agencies and coroners in this state relating to persons who have been reported missing or are unidentified. Such information shall be maintained for the purpose of improving the ability of law enforcement to locate and return missing persons, identify persons or human remains and inform and notify, in a timely manner, family members of missing or unidentified persons.
(b) All law enforcement agencies and coroners in this state shall report to the missing and unidentified person system established pursuant to this section all information received relating to missing persons or unidentified persons or human remains. Such reports shall be made in accordance with rules and regulations adopted pursuant to this section.
(c) The information in the missing and unidentified person system established pursuant to this section shall be available to all law enforcement officers and coroners in this state and all governmental entities in this state which have a need for information relating to missing persons or unidentified persons or human remains in this state, in accordance with rules and regulations adopted pursuant to this section.
(d) Upon receiving information that any person is a high-risk missing person, as described in K.S.A. 75-712c, and amendments thereto, the director of the missing and unidentified person system shall immediately provide information concerning such missing person to every law enforcement agency within the state.
(e) The director of the Kansas bureau of investigation may apply for, accept and expend grants, gifts and bequests from any source for the purpose of carrying out the provisions of this section.
(f) The director of the Kansas bureau of investigation shall adopt rules and regulations prescribing:
(1) Procedures and forms for reports made to the missing and unidentified person system established pursuant to this section; and
(2) procedures for disseminating information maintained in the missing person system to law enforcement agencies and the federal bureau of investigation as authorized by this section.
(g) Any law enforcement agency or coroner that willfully fails to make any report required by this section shall be liable to the state for the payment of a civil penalty, recoverable in an action brought by the attorney general, in an amount not exceeding $500 for each report not made. Any civil penalty recovered under this subsection shall be paid into the state general fund.
History: L. 1984, ch. 115, § 3; L. 1987, ch. 331, § 2; L. 2006, ch. 37, § 1; L. 2013, ch. 43, § 1; July 1.
(a) (1) All law enforcement agencies of the state of Kansas, or any political subdivision thereof, shall accept and process, without delay, any report of a missing person by any person at any time pursuant to K.S.A. 75-712b through 75-712e, and amendments thereto, and K.S.A. 75-712f through 75-712h, and amendments thereto.
(2) No law enforcement agency shall refuse or otherwise fail to accept a missing person report for any reason except when the law enforcement agency:
(A) Knows the location of the person reported missing;
(B) has confirmed the safe status of the person reported missing; or
(C) has confirmed that another law enforcement agency has already completed a report on the missing person incident.
(3) The reports shall be entered into the missing person system of the national crime information center and the missing and unidentified person system of the Kansas bureau of investigation within two hours of receipt of the minimum data required to enter a record into such system, except as provided in subsection (e)(4).
(4) The law enforcement agency immediately shall commence an investigation based upon the elements of the initial reports.
(b) The law enforcement agency shall provide the person making such report with contact information and information concerning the national center for missing and exploited children and the national center for missing adults.
(c) Within a reasonable period of time, and in no case longer than 30 calendar days, follow-up forms from the national crime information center or the Kansas bureau of investigation, or both, shall be given to the reporting party, to be completed and returned to the law enforcement agency. The data reported on the follow-up forms shall be entered immediately into the missing person system of the national crime information center and the missing and unidentified person system of the Kansas bureau of investigation.
(d) The reporting party shall be advised to immediately notify the law enforcement agency in the event the missing person returns or is located. Except as provided further, the law enforcement agency shall immediately notify the reporting party if the missing person is located or contacted. The law enforcement agency investigating the report shall not give information to the reporting party if the law enforcement agency has reason to believe the missing person is an adult or an emancipated minor and is staying at or has made contact with a domestic violence or sexual assault program and does not expressly consent to the release of this information. Upon location of or contact by the missing person, the law enforcement agency shall clear the case in the national crime information center and Kansas bureau of investigation databases.
(e) (1) Upon receipt of a missing person report, the law enforcement agency shall immediately determine whether such person may be a high-risk missing person.
(2) Upon obtaining any new information concerning the missing person at any time, the law enforcement agency shall evaluate whether such person may be a high-risk missing person.
(3) A high-risk missing person means any person who is at heightened risk of bodily harm or death, including, but not limited to, persons missing:
(A) As a result of an abduction;
(B) under suspicious or known dangerous circumstances;
(C) more than 30 days;
(D) who have been designated as high-risk missing persons by another law enforcement agency; or
(E) under any facts or circumstances that would lead the law enforcement agency to believe such person may be at risk of bodily harm or death.
(4) Upon a determination that a missing person is a high-risk missing person, the law enforcement agency shall immediately and specifically make such determination known to the missing and unidentified person system of the Kansas bureau of investigation and cause the information to be entered into the missing person system of the national crime information center as soon as possible after the minimum information to make such entry is received.
History: L. 1986, ch. 155, § 1; L. 1987, ch. 331, § 3; L. 2006, ch. 37, § 2; L. 2013, ch. 43, § 2; L. 2016, ch. 9, § 1; March 31
(a) The Kansas bureau of investigation shall establish a missing and unidentified person information clearinghouse. Such clearinghouse shall be a central repository of information relating to missing and unidentified persons and shall include all information currently entered in the missing and unidentified person system of the Kansas bureau of investigation pursuant to K.S.A. 75-712c, and amendments thereto.
(b) The missing and unidentified persons information clearinghouse shall:
(1) Collect, process, maintain and disseminate statistics and other information relating to missing and unidentified persons in this state;
(2) develop and maintain a system of communication, cooperation and coordination among organizations and agencies within this state which deal with missing persons or unidentified persons or human remains;
(3) cooperate and coordinate with organizations and agencies in other states and agencies of the federal government in efforts to locate missing persons and identify unidentified persons or human remains;
(4) establish such educational services and information as appropriate to aid organizations, agencies and persons dealing with missing persons;
(5) maintain a listing of agencies, individuals and materials pertaining to missing persons activities and programs;
(6) assist in the training of law enforcement and other professionals on issues relating to missing persons and unidentified persons or human remains; and
(7) perform any other services appropriate to aid in the location of missing persons and identification of unidentified persons or human remains.
(c) The director of the Kansas bureau of investigation may apply for, accept and expend grants, gifts and bequests from any source for the purpose of carrying out the provisions of this section.
(d) The director of the Kansas bureau of investigation shall adopt such rules and regulations as necessary to implement the provisions of this section.
History: L. 1987, ch. 331, § 1; L. 2006, ch. 37, § 5; July 1.
Within the limits of available federal grants, forfeiture moneys and appropriations therefor, the Kansas bureau of investigation may purchase insurance for aircraft owned and operated by the bureau. Such insurance may include liability or physical property damage.
History: L. 1991, ch. 261, § 2; July 1.
(a) Any person or entity which has legal guardianship of a person or legal custody of a person, or both, pursuant to the Kansas code for care of children, the Kansas juvenile justice code, the care and treatment act for mentally ill persons or the act for obtaining a guardian or a conservator, or both, shall notify a law enforcement agency immediately, and in no case later than two hours, if such person is unaccounted for or if such person's location is unknown.
(b) A person or entity required to notify a law enforcement agency pursuant to this section shall notify the law enforcement agency not later than 24 hours after the missing person returns or is located.
History: L. 2006, ch. 37, § 3; July 1.
(a) Any law enforcement agency of a political subdivision of this state shall receive reports of any unidentified persons or human remains. The law enforcement agency shall enter the report immediately, and in no case later than 24 hours after receipt of the report, into the missing person system of the national crime information system and the missing and unidentified person system of the Kansas bureau of investigation.
(b) Notwithstanding any other action deemed appropriate for the handling of unidentified human remains, the coroner, in conjunction with the law enforcement agencies involved, shall make reasonable attempts to promptly identify such remains. Such attempts may include, but are not limited to, obtaining: Photographs of the human remains, prior to an autopsy; dental or skeletal x-rays; photographs of items found with the human remains; fingerprints from the remains, if possible; samples of tissue suitable for DNA typing, if possible; samples of whole bone or hair, or both, suitable for DNA typing; and any other information that may support identification efforts.
(c) The coroner shall submit any photos, dental x-rays, skeletal x-rays, fingerprints and other evidence relevant to identification to the reporting law enforcement agency within one week of obtaining them, if identification efforts have otherwise failed.
(d) If unidentified human remains have not been identified by other means within 30 days, the law enforcement agency shall make reasonable efforts to obtain prompt DNA analysis of biological samples by submitting the DNA biological samples to the Kansas bureau of investigation laboratory for analysis.
(e) No coroner or other person shall dispose of, or engage in actions that will materially affect, unidentified human remains before the coroner obtains samples suitable for DNA identification and archiving, photographs of the unidentified person or human remains and all other appropriate steps for identification have been exhausted.
(f) Cremation of unidentified human remains is prohibited.
History: L. 2006, ch. 37, § 4; July 1.
The director of the Kansas bureau of investigation is authorized to adopt rules and regulations establishing:
(a) Criteria for preliminary screening devices for testing of oral fluid for law enforcement purposes, based on health and performance considerations; and
(b) a list of preliminary screening devices that are approved for testing of oral fluid for law enforcement purposes and that law enforcement agencies may purchase and train officers to use as aids in determining probable cause to arrest and grounds for requiring testing pursuant to K.S.A. 8-1001, and amendments thereto, or K.S.A. 3-1008, and amendments thereto.
History: L. 2011, ch. 105, § 2; L. 2012, ch. 172, § 38; L. 2019, ch. 13, § 4; L. 2022, ch. 80, § 23; July 1.
(a) As used in this section:
(1) "Care" means the provision of treatment, education, training, instruction, supervision or recreation to children, the elderly or individuals with disabilities.
(2) "Provider" means a person who:
(A) Is employed by a qualified entity and has, seeks to have, or may have supervised or unsupervised access to children, the elderly or individuals with disabilities to whom the qualified entity provides care;
(B) is a volunteer of a qualified entity and has, seeks to have, or may have supervised or unsupervised access to children, the elderly or individuals with disabilities to whom the qualified entity provides care; or
(C) owns, operates or seeks to own or operate a qualified entity.
(3) "Qualified entity" means a business or organization that provides care to children, the elderly or individuals with disabilities that is private, for profit, not-for-profit or voluntary, except such businesses or organizations that are subject to the provisions of K.S.A. 39-970, 65-516 or 65-5117, and amendments thereto, or K.S.A. 2025 Supp. 39-2009 or 75-53,105, and amendments thereto.
(b) A qualified entity may request the Kansas bureau of investigation to conduct a state and national criminal history record check on any person who will serve as a provider, or is currently a provider with such entity. The qualified entity may request a state and national criminal history record check by submitting the following:
(1) The person's fingerprints; and
(2) a copy of a completed and signed statement furnished by the qualified entity that includes:
(A) A waiver permitting the qualified entity to request and receive a criminal history record check for the purpose of determining the person's qualification and fitness to serve as a provider;
(B) the name, address and date of birth of the person as it appears on a valid identification document;
(C) a disclosure of whether or not the person has ever been convicted of or is the subject of pending charges for a criminal offense and, if convicted, a description of the crime and the result of the conviction; and
(D) a notice to the person that they are entitled to obtain a copy of the criminal history record check to challenge the accuracy and completeness of any information contained in any such report before any final determination is made by the qualified entity.
(c) A qualified entity is authorized to require a person to be fingerprinted and to submit the fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a state and national criminal history record check. The qualified entity shall use the fingerprints to identify the person and to determine whether the person has a record of criminal history in this state or other jurisdictions or countries. The qualified entity may use the information obtained from the fingerprints and such state and national criminal history record checks in the official determination of the qualifications and fitness of the person to be permitted to serve as a provider.
(d) Local and state law enforcement officers and agencies shall assist the qualified entity in taking and processing a person's fingerprints as authorized by this section.
(e) The Kansas bureau of investigation shall release all records of the person's adult convictions and diversions, and adult convictions and diversions from another state, jurisdiction or country, to the qualified entity to make a final determination of the qualification of such person to serve as a provider.
(f) A qualified entity shall be solely responsible for making any determination that a person's criminal history record shows that such person has been convicted of a crime that bears upon the fitness of such person to serve as a provider. This section does not require the Kansas bureau of investigation to make such a determination on behalf of any qualified entity.
History: L. 2019, ch. 62, § 3; May 30.
(a) (1) An applicant, employee or volunteer who is subject to a criminal history record check shall provide to the requesting authorized entity written consent to obtain the applicant's, employee's or volunteer's fingerprints to conduct a criminal history record check and participate in the rap back program for the purpose of determining suitability or fitness for a permit, license, employment or volunteer service.
(2) An authorized entity shall notify each applicant, employee or volunteer subject to a criminal history record check:
(A) That fingerprints shall be retained by the Kansas bureau of investigation and the federal bureau of investigation for all current and future purposes and uses authorized for fingerprint submission; and
(B) when fingerprints will be enrolled in the rap back program.
(b) Fingerprints and records relating to fingerprints obtained by the Kansas bureau of investigation for a fingerprint-based criminal history record check shall be searched against:
(1) Known criminal fingerprints to determine if a criminal history record exists; and
(2) latent fingerprints entered into the unsolved latent fingerprint file.
(c) (1) A criminal history record check shall only be completed for the purpose for which such check was requested. Any additional record checks shall require the submission of a new set of fingerprints.
(2) An authorized entity enrolled in rap back shall immediately notify the Kansas bureau of investigation when such entity is no longer entitled to receive criminal history record information relating to a particular person enrolled in rap back. The Kansas bureau of investigation shall cancel the enrollment, and updates to criminal history record information shall no longer be provided to such entity.
(d) (1) Fingerprints and records relating to fingerprints acquired by the Kansas bureau of investigation shall be available only to authorized entities entitled to obtain the information. No employee of the Kansas bureau of investigation shall disclose any records of fingerprints or records relating to the fingerprints acquired in the performance of any of the employee's duties under this section to any person not authorized to receive the information pursuant to state or federal law. No person acquiring the records of fingerprints, records relating to fingerprints or any information concerning any individual shall disclose such information to any person who is not authorized to receive such information.
(2) Any intentional disclosure of such information in violation of this section is a class A nonperson misdemeanor.
(e) As used in this section:
(1) "Authorized entity" means an agency or entity with authorization under state or federal law to conduct a fingerprint-based criminal history record check;
(2) "criminal history record check" means the submission of fingerprints and demographic information by an authorized entity to the Kansas bureau of investigation for the purpose of receiving criminal history record results; and
(3) "rap back" means the state or federal system that enables an authorized entity to receive ongoing notifications of criminal history record updates for individuals whose fingerprints are enrolled.
History: L. 2022, ch. 92, § 1; July 1.
History: L. 1968, ch. 33, § 1; Repealed, L. 2000, ch. 136, § 28; July 1.
Whenever the attorney general determines that any person appointed by the governor to any public office, position, board, commission, department, agency or other instrumentality of the state, or any governmental subdivision thereof, does not possess the requisite qualifications prescribed by law for such appointee, or that the appointment was otherwise in contravention of such law or any other law of this state, said attorney general shall commence ouster proceedings against such appointee in the manner provided in the code of civil procedure.
History: L. 1969, ch. 285, § 1; July 1.
In any civil action prosecuted by the attorney general for violation of any federal or state antitrust law in which moneys are recovered by the attorney general on behalf of the state or any political subdivision thereof, or on behalf of any persons, firms, corporations, or associations, or any combination or class thereof, by reason of any judgment, consent decree, or settlement, the attorney general is hereby authorized and directed to remit 20% of any such moneys so recovered 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 fund hereby created in the state treasury to be known as the "attorney general's antitrust special revenue fund." As used in this section, "moneys so recovered" shall include damages, penalties, attorneys' fees, costs, disbursements, refunds, rebates or any other monetary payment made or paid by any defendant by reason of any such judgment, consent decree or settlement, after payment of any costs or fees allocated by court order. The balance of such recovered moneys 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 fund, or funds, as may be required by the attorney general, and shall be disbursed by the director of accounts and reports to the beneficiaries thereof upon order of the attorney general.
History: L. 1970, ch. 348, § 1; L. 1976, ch. 372, § 3; L. 2000, ch. 136, § 26; L. 2001, ch. 5, § 362; July 1.
Except as otherwise provided by law, any moneys in the attorney general's antitrust special revenue fund shall be disbursed by the director of accounts and reports in the manner provided by law, upon order of the attorney general, for the payment of any expense incurred by the attorney general in the prosecution of antitrust actions. Such expenses shall include, but not be limited to, professional and witness fees, deposition costs, investigation, travel and subsistence, or any other expense reasonably related to enforcement of such laws, whether incurred pursuant to the recovery of money or enforcement through other civil or criminal remedies.
History: L. 1970, ch. 348, § 2; L. 1976, ch. 372, § 4; L. 1977, ch. 290, § 8; L. 1991, ch. 256, § 1; L. 2000, ch. 136, § 27; July 1.
Upon the effective date of this act, the director of accounts and reports is directed to transfer all moneys in the attorney general's antitrust revolving fund to the attorney general's antitrust special revenue fund established in K.S.A. 75-715. Upon the effective date of this act, all liabilities of the attorney general's antitrust revolving fund existing prior to said effective date are hereby imposed on the attorney general's antitrust special revenue fund established in K.S.A. 75-715. The attorney general's antitrust revolving fund is hereby abolished.
History: L. 1976, ch. 372, § 6; May 8.
The attorney general shall appoint a special assistant attorney general to make an inquiry and investigation into the performance and execution of state contracts for architectural services and construction work for the clinical facility addition and any other capital improvement project, as the special assistant attorney general may decide, at the university of Kansas medical center and to act as the special attorney for the state in any civil case which may result from such inquiry and investigation. Such inquiry and investigation shall include an investigation into possible deficiencies in architectural, engineering and construction plans and designs on such projects and the persons responsible therefor, an investigation into possible deficiencies in mechanical, electrical and construction work on such projects and the persons responsible therefor and such other matters as may be related to the plans, specifications, contracts, design and construction of such projects.
The special assistant attorney general appointed under the provisions of this section may commence any civil action in the name of the state, which such special assistant attorney general deems warranted as a result of the inquiry and investigation undertaken pursuant to this section. Such special assistant attorney general shall have all the powers and duties prescribed by law for assistant attorneys general and such other powers and duties as are lawfully delegated to him or her by the attorney general. Such special assistant attorney general shall not be prohibited from engaging in the practice of law but shall devote such time to the inquiry and investigation undertaken pursuant to this section as may be necessary. No contract entered into under authority of this section shall require approval under any other act or statute.
History: L. 1978, ch. 331, § 1; April 8.
Revisor's Note: Section transferred to 20-169.
(a) Subject to the provisions of appropriation acts, the attorney general shall provide for child exchange and visitation centers throughout the state for victims of domestic or family violence and their children to allow court-ordered child exchange or visitation in a manner that protects the safety of all family members. The attorney general shall coordinate and cooperate with local governmental agencies in providing the child exchange and visitation centers.
(b) A child exchange and visitation center shall provide:
(1) A secure setting and specialized procedures for supervised visitation and the exchange or transfer of children for visitation; and
(2) supervision by a person trained in security and the avoidance of domestic and family violence.
(c) A child exchange and visitation center is for children who have been removed from such children's parents and placed outside the home as a result of abuse or neglect or other risk of harm to such children and for children whose parents are separated or divorced and the children are at risk because:
(1) There is documented sexual, physical or emotional abuse as determined by the court;
(2) there is suspected or elevated risk of sexual, physical or emotional abuse, or there have been threats of parental abduction of the child;
(3) due to domestic violence, there is an ongoing risk of harm to a parent or child;
(4) a parent is impaired because of substance abuse or mental illness;
(5) there are allegations that a child is at risk for any of the reasons stated in paragraphs (1) through (4) pending an investigation; or
(6) other circumstances, as determined by the court, point to the existence of such a risk.
(d) The attorney general may apply for, receive and accept moneys from any source for the purposes of establishing child exchange and visitation centers for victims of domestic violence.
(e) There is hereby created in the state treasury the child exchange and visitation centers fund. All moneys credited to the fund shall be used solely for the purpose of establishing and maintaining child exchange and visitation centers for victims of domestic violence. All expenditures from the child exchange and visitation 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 attorney general or by the attorney general's designee.
History: L. 1996, ch. 188, § 1; July 1.
(a) The attorney general shall appoint a statewide drug abuse resistance education (D.A.R.E.) coordinator and, within the limits of appropriations available therefore, such additional staff as necessary to support the statewide D.A.R.E. coordinator.
(b) The D.A.R.E. coordinator shall:
(1) Assist local law enforcement agencies and schools in creation of local D.A.R.E. programs;
(2) provide training to local law enforcement officers to teach the D.A.R.E. curriculum; and
(3) perform other services, and provide material and information as required to support the D.A.R.E. program in Kansas.
History: L. 1999, ch. 90, § 1; July 1.
(a) It shall be the policy of the state of Kansas to restrict access to ephedrine and pseudoephedrine for the purpose of impeding the unlawful manufacture of methamphetamine. In furtherance of this policy, the Kansas bureau of investigation shall:
(1) Consult with the other law enforcement agencies to gather information and detect trends with regard to the types of drug paraphernalia and evidence found at crime scenes. The bureau shall take into consideration such information and trends in developing the recommendations required by paragraph (2); and
(2) consult with the state board of pharmacy to develop recommendations concerning the most appropriate controls for liquid, capsule and gel capsule form of ephedrine and pseudoephedrine.
(b) Such recommendations shall be submitted on or before February 1 each year to the standing committee on judiciary in the senate and the standing committee on corrections and juvenile justice in the house of representatives.
History: L. 2005, ch. 153, § 4; April 21.
(a) There is hereby created in the office of the attorney general an abuse, neglect and exploitation of persons unit.
(b) Within the limits of available resources, the unit may, in the attorney general's discretion:
(1) Participate in the prevention, detection, review and prosecution of abuse, neglect and exploitation of persons, whether financial or physical;
(2) conduct investigations of suspected criminal abuse, neglect or exploitation of persons;
(3) coordinate with and assist other law enforcement agencies, or participate in task forces or joint operations, in the investigation of suspected criminal abuse, neglect or exploitation of persons;
(4) coordinate with and assist the medicaid fraud and abuse division established by K.S.A. 75-725, and amendments thereto, in the prevention, detection and investigation of abuse, neglect and exploitation of persons;
(5) work with or participate in the Kansas internet crimes against children task force, and work with any exploited and missing child investigators and any other child crime investigators;
(6) assist in any investigation of child abuse or neglect conducted by a law enforcement agency pursuant to K.S.A. 38-2226, and amendments thereto;
(7) assist in any investigation of adult abuse, neglect, exploitation or fiduciary abuse conducted by a law enforcement agency pursuant to K.S.A. 39-1443, and amendments thereto; and
(8) assist in any investigation or discussion of any elder and dependent adult abuse multidisciplinary team pursuant to K.S.A. 39-7,163, and amendments thereto.
(c) The unit shall give priority to preventing, detecting and investigating abuse, neglect or exploitation of adults who are senior citizens, disabled or otherwise vulnerable to abuse, neglect or exploitation.
(d) Except as provided by subsection (k), the information obtained and the investigations conducted by the unit shall be confidential as required by state or federal law. Upon request of the unit, the unit shall have access to all records of reports, investigation documents and written reports of findings related to substantiated or affirmed cases of abuse, neglect or exploitation of persons or cases in which the attorney general has reasonable suspicion to believe abuse, neglect or exploitation of persons has occurred which are received or generated by a state agency.
(e) Whenever a state agency reports a matter involving suspected abuse, neglect or exploitation of an adult to a law enforcement agency or a county or district attorney, such state agency shall simultaneously forward such report to the unit.
(f) Except for reports alleging only self-neglect, a state agency receiving reports of abuse, neglect or exploitation of adults shall forward to the unit:
(1) Within 10 days of substantiation, reports of findings concerning the substantiated abuse, neglect or exploitation of adults; and
(2) within 10 days of such denial, each report of an investigation in which such state agency was denied the opportunity or ability to conduct or complete a full investigation of abuse, neglect or exploitation of adults.
(g) On or before the first day of the regular legislative session each year, the unit shall submit to the legislature a written report of the unit's activities, investigations and findings for the preceding fiscal year.
(h) The attorney general shall adopt rules and regulations as deemed appropriate for the administration of this section.
(i) No state funds appropriated to support the provisions of the unit and expended to contract or enter into agreements with any third party shall be used by a third party to file any civil action against the state of Kansas or any agency of the state of Kansas. Nothing in this section shall prohibit the attorney general from initiating or participating in any civil action against any party.
(j) The attorney general may contract or enter into agreements with other agencies or organizations to provide services related to the attorney general's duties under this section or to the investigation or litigation of findings related to abuse, neglect or exploitation of persons.
(k) Notwithstanding any other provision of law, nothing shall prohibit the attorney general or the unit from distributing or utilizing only that information obtained pursuant to a confirmed case of abuse, neglect or exploitation or cases in which there is reasonable suspicion to believe abuse, neglect or exploitation has occurred pursuant to this section with any third party under contract or agreement with the attorney general to carry out the provisions of this section.
(l) As used in this section:
(1) "Adult" means any person 18 years of age or older; and
(2) "state agency" means the Kansas department for children and families, Kansas department for aging and disability services or Kansas department of health and environment.
History: L. 2006, ch. 181, § 1; L. 2014, ch. 115, § 313; L. 2016, ch. 53, § 3; L. 2021, ch. 81, § 9; July 1.
(a) Any person convicted or adjudicated of an offense that, pursuant to K.S.A. 21-2511, and amendments thereto, requires submission of a DNA sample upon arrest, charging or placement in custody, shall pay a separate court cost of $200 as a Kansas bureau of investigation DNA database fee upon conviction or adjudication.
(b) The court shall order such fees regardless of whether the person's DNA sample was already on file with the Kansas bureau of investigation at the time such person was arrested, charged or placed in custody, unless the person can prove to the court that the person: (1) Has paid such fees in connection with a prior conviction or adjudication; and (2) did not submit specimens of blood or an oral or other biological sample authorized by the Kansas bureau of investigation to the Kansas bureau of investigation for the current offense of conviction or adjudication.
(c) The court shall not lessen or waive such fees unless the court has determined such person is indigent and the basis for the court's determination is reflected in the court's order.
(d) Such fees shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for such offense.
(e) Disbursements from the Kansas bureau of investigation DNA database fee deposited into the DNA database fee fund of the Kansas bureau of investigation shall be made for the following:
(1) Providing DNA laboratory services;
(2) the purchase and maintenance of equipment for use by the laboratory in performing DNA analysis; and
(3) education, training and scientific development of Kansas bureau of investigation personnel regarding DNA analysis.
(f) Expenditures from the DNA database fee fund shall be made 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.
(g) All fees 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 DNA database fee fund, which is hereby established in the state treasury.
(h) Fees received into this fund shall be supplemental to regular appropriations to the Kansas bureau of investigation.
History: L. 2006, ch. 171, § 3; L. 2007, ch. 145, § 6; L. 2010, ch. 117, § 2; July 1.
(a) There is hereby created within the office of the attorney general a medicaid fraud and abuse division.
(b) The medicaid fraud and abuse division shall be the same entity to which all cases of suspected medicaid fraud shall be referred by the Kansas department for children and families, Kansas department for aging and disability services and the department of health and environment, or such departments' fiscal agents, for the purpose of investigation, criminal prosecution or referral to the district or county attorney for criminal prosecution.
(c) In carrying out these responsibilities, the attorney general shall have:
(1) All the powers necessary to comply with the federal laws and regulations relative to the operation of the medicaid fraud and abuse division;
(2) the power to investigate and criminally prosecute violations of K.S.A. 2025 Supp. 21-5926 through 21-5934, 75-725 and 75-726, and amendments thereto;
(3) the power to cross-designate assistant United States attorneys as assistant attorneys general;
(4) the power to issue, serve or cause to be issued or served subpoenas or other process in aid of investigations and prosecutions;
(5) the power to administer oaths and take sworn statements under penalty of perjury;
(6) the power to serve and execute in any county, search warrants which relate to investigations authorized by K.S.A. 2025 Supp. 21-5926 through 21-5934, 75-725 and 75-726, and amendments thereto; and
(7) the powers of a district or county attorney.
History: L. 2010, ch. 136, § 138; L. 2011, ch. 30, § 43; L. 2014, ch. 115, § 314; July 1.
(a) The attorney general shall be allowed access to all records held by a provider:
(1) That are directly related to an alleged violation of K.S.A. 2025 Supp. 21-5926 through 21-5934, 75-725 and 75-726, and amendments thereto, and which are necessary for the purpose of investigating whether any person may have violated such statutes; or
(2) for use or potential use in any legal, administrative or judicial proceeding pursuant to K.S.A. 2025 Supp. 21-5926 through 21-5934, 75-725 and 75-726, and amendments thereto.
(b) No person holding such records may refuse to provide the attorney general with access to such records on the basis that release would violate any:
(1) Recipient's right of privacy;
(2) recipient's privilege against disclosure or use; or
(3) professional or other privilege or right.
(c) The disclosure of patient information as required by K.S.A. 2025 Supp. 21-5926 through 21-5934, 75-725 and 75-726, and amendments thereto, shall not subject any provider to liability for breach of any confidential relationship between a patient and a provider.
(d) Notwithstanding K.S.A. 60-427, and amendments thereto, there shall be no privilege preventing the furnishing of such information or reports as required by K.S.A. 2025 Supp. 21-5926 through 21-5934, 75-725 and 75-726, and amendments thereto, by any person.
History: L. 2010, ch. 136, § 159; L. 2011, ch. 30, § 44; July 1.
(a) The attorney general is hereby authorized to pay a reward not to exceed $5,000 to any person who first furnishes information to the attorney general concerning a violation by any person of the medicaid fraud control act, the false claims act, or any other provision of law that protects the integrity of the public treasury.
(b) No employee of a governmental entity shall be eligible for a reward under this section, unless the information furnished to the attorney general does not relate in any manner to such employee's responsibilities as an employee of a governmental entity, as determined solely by the attorney general. As used in this section, "employee" and "governmental entity" mean the same as in K.S.A. 75-6102, and amendments thereto.
(c) Any reward pursuant to this section shall be paid only upon certification by the attorney general that information provided by such informant: (1) Was not previously known to the attorney general; and (2) materially contributed to an investigation conducted by the attorney general. No such reward shall be paid except after entry of judgment in favor of the state, or conviction for violation of the law, in the matter upon which the informant provided information.
(d) Any reward payment authorized by this section shall be made on the order of the attorney general from the medicaid fraud prosecution revolving fund established by K.S.A. 21-5933, and amendments thereto. The attorney general shall have sole discretion in determining whether a reward shall be paid, the amount of any such payment not to exceed $5,000 and whether an informant is eligible to receive such reward.
(e) The attorney general shall inform the public of rewards authorized by this section for the purpose of encouraging persons to furnish information described in subsection (a) to the attorney general.
(f) The attorney general may promulgate rules and regulations necessary to carry out the provisions of this section.
History: L. 2013, ch. 28, § 1; July 1.
History: L. 1987, ch. 283, §§ 1 to 10; Repealed, L. 1990, ch. 300, § 1; July 1.
The attorney general is hereby authorized to fix, charge and collect fees for review and examination of the transcripts of the proceedings of municipalities for the issuance of municipal bonds under K.S.A. 10-108, and amendments thereto. Fees for such review and examination of transcripts for municipal bond issues shall be fixed in order to recover all or part of the direct operating expenses incurred therefor. All such fees 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 the bond transcript review fee fund, which is hereby created. All expenditures from the bond transcript review 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 attorney general or a person or persons designated by the attorney general.
History: L. 1991, ch. 48, § 2; L. 2001, ch. 5, § 363; July 1.
In accordance with K.S.A. 75-702, the attorney general of the State of Kansas is hereby required to file and vigorously prosecute a suit challenging the constitutionality of conditioning receipt of federal funds on the state's compliance with the provisions of the Personal Responsibility and Work Opportunity Act of 1996.
History: L. 1997, ch. 182, § 95; July 3.
During the fiscal year ending June 30, 2025, and during each ensuing fiscal year thereafter, the director of accounts and reports is hereby authorized to transfer an amount certified by the attorney general of not to exceed $500,000 from the crime victims compensation fund to the crime victims assistance fund.
History: L. 2004, ch. 68, § 1; L. 2010, ch. 49, § 1; L. 2024, ch. 34, § 2; July 1.
(a) On or before October 15, of each year, the county or district attorney of each county shall report to the attorney general all complaints received during the preceding fiscal year concerning violations of the open records act and open meetings act and the disposition of each complaint.
(b) The attorney general shall compile information received pursuant to subsection (a) with information relating to investigations of violations of the open records act and the open meetings act conducted by the office of the attorney general. The attorney general shall publish a yearly abstract of such information listing by name the public agencies which are the subject of such complaints or investigations.
History: L. 2005, ch. 126, § 5; L. 2025, ch. 89, § 4; July 1.
There is hereby established the Kansas silver alert plan. The Kansas silver alert plan shall be established and implemented by the office of attorney general, in collaboration with the Kansas bureau of investigation, Kansas highway patrol, local law enforcement agencies and other public and private agencies and organizations. Under the Kansas silver alert plan, public notice of a missing elderly person may be promptly broadcast and a search may be timely undertaken with the cooperation of local law enforcement, news media and the general public in order to locate such person in time to avoid serious harm or death.
History: L. 2009, ch. 27, § 1; April 2.
(a) There is hereby established the Kansas purple alert plan to provide public notice of a missing individual with intellectual or developmental disabilities. The Kansas purple alert plan shall be established and implemented by the office of the attorney general, in collaboration with the Kansas bureau of investigation, Kansas highway patrol, local law enforcement agencies and other public and private agencies and organizations.
(b) Under the Kansas purple alert plan, public notice of a missing individual may promptly be broadcast and a search may be timely undertaken with the cooperation of local law enforcement, news media and the general public in order to locate such individual in time to avoid serious harm or death if such individual:
(1) Is 18 years of age or older;
(2) has been diagnosed with an intellectual disability;
(3) whose whereabouts are unknown;
(4) is believed to be in imminent danger of serious bodily injury or death because of such disability; and
(5) is believed to be unable to return to safety without assistance.
History: L. 2024, ch. 106, § 1; July 1.
The attorney general shall promulgate rules and regulations necessary to carry out the provisions of subsection (p) of K.S.A. 21-6604, and amendments thereto, on or before July 1, 2011.
History: L. 2010, ch. 101, § 3; L. 2011, ch. 30, § 263; July 1.
The attorney general, in consultation with other appropriate state agencies, is authorized to coordinate training regarding human trafficking for law enforcement agencies throughout Kansas.
History: L. 2013, ch. 120, § 1; July 1.
(a) The human trafficking advisory board established by the attorney general is hereby designated the official human trafficking advisory board for the state of Kansas.
(b) The board shall include representatives from:
(1) The office of the governor;
(2) the attorney general's office;
(3) the department of labor;
(4) the department for children and families;
(5) the department of health and environment;
(6) the juvenile justice authority;
(7) the Kansas association of chiefs of police;
(8) the Kansas sheriffs' association;
(9) the highway patrol;
(10) the Kansas bureau of investigation;
(11) local law enforcement agencies;
(12) the legislature;
(13) nongovernmental organizations focused on human trafficking issues, organizations representing diverse communities disproportionately affected by human trafficking and organizations focused on child services and runaway services;
(14) academic researchers who are dedicated to the subject of human trafficking;
(15) any other federal, state, or local government entity deemed necessary by the attorney general; and
(16) any other private sector or nongovernmental organization deemed necessary by the attorney general.
History: L. 2013, ch. 120, § 2; July 1.
There is hereby established in the state treasury the human trafficking victim assistance fund. All moneys credited to such fund shall be used to pay for the training authorized by K.S.A. 75-756, and amendments thereto, and to support care, treatment and other services for victims of human trafficking and commercial sexual exploitation of a child. 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 attorney general or the attorney general's designee.
History: L. 2013, ch. 120, § 3; July 1.
(a) (1) A notice offering help to victims of human trafficking shall be accessible on the official website of the attorney general, the official website of the department for children and families and the official website of the department of labor.
(2) The notice described in this subsection shall be posted in a prominent and accessible location in any place required to post notices pursuant to:
(A) The Kansas act against discrimination, K.S.A. 44-1012, and amendments thereto;
(B) the Kansas age discrimination in employment act, K.S.A. 44-1114, and amendments thereto;
(C) the Kansas child labor law, K.S.A. 38-605, and amendments thereto;
(D) the employment security law and rules and regulations adopted under the employment security law; or
(E) the workers compensation act and rules and regulations adopted under the workers compensation act.
(3) The notice described in this subsection shall be posted in a location visible to members of the public in the following public places:
(A) Sexually oriented businesses as defined by K.S.A. 12-770, and amendments thereto;
(B) massage parlors;
(C) healthcare facilities;
(D) convenience stores and truck stops; and
(E) rest areas and visitors centers under state supervision or control.
(b) The attorney general shall adopt rules and regulations prescribing the content, size and other characteristics of such notices as the attorney general determines appropriate to help and support victims of human trafficking, including, but not limited to, information regarding the national human trafficking hotline.
(c) The notice described in this section shall be made available in English, Spanish, and, if requested by an employer, another language.
(d) The secretary of labor, in consultation with the attorney general, shall develop and implement an education plan to raise awareness among Kansas employers about the problem of human trafficking, about the hotline described in this section, and about other resources that may be available to employers, employees, and potential victims of human trafficking.
History: L. 2013, ch. 120, § 7; L. 2017, ch. 78, § 25; L. 2021, ch. 110, § 29; May 27.
(a) There is hereby created in the state treasury the attorney general's open government fund. Moneys in the attorney general's open government fund shall be used by the attorney general to carry out the provisions and purposes of the open records act, K.S.A. 45-215 et seq., and amendments thereto, and the open meetings act, K.S.A. 75-4317 et seq., and amendments thereto. All expenditures from the attorney general's open government 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 a person designated by the attorney general.
(b) All civil penalties, expenses, costs and attorney fees awarded in an action brought by the attorney general pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto, or the open meetings act, K.S.A. 75-4317 et seq., and amendments thereto, or pursuant to a consent order or finding of violation of the attorney general as provided in K.S.A. 45-251 or 75-4320d, and amendments thereto, shall be credited to the attorney general's open government fund.
History: L. 2015, ch. 68, § 7; July 1.
(a) Subject to the availability of appropriations, the attorney general shall provide and coordinate training throughout the state to promote knowledge of, and compliance with, the open records act, K.S.A. 45-215 et seq., and amendments thereto, and the open meetings act, K.S.A. 75-4317 et seq., and amendments thereto. The attorney general may consult and coordinate with any appropriate organization to provide training.
(b) The attorney general may establish a program of computerized training to promote knowledge of, and compliance with, the open records act, K.S.A. 45-215 et seq., and amendments thereto, and the open meetings act, K.S.A. 75-4317, and amendments thereto, and to make training available throughout the state.
(c) The attorney general may approve training programs that satisfy training requirements imposed by the district court or by any order or judgment pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto, and the open meetings act, K.S.A. 75-4317 et seq., and amendments thereto.
History: L. 2015, ch. 68, § 8; July 1.
The attorney general may adopt rules and regulations to implement and administer the provisions of the open records act, K.S.A. 45-215 et seq., and amendments thereto, and the open meetings act, K.S.A. 75-4317 et seq., and amendments thereto.
History: L. 2015, ch. 68, § 9; July 1.
(a) The attorney general shall, in collaboration with the Kansas law enforcement training center and the state board of education, promulgate rules and regulations by January 1, 2017, creating a skill development training for responding effectively to misconduct in school while minimizing student exposure to the juvenile justice system.
(b) The skill development training shall include, but not be limited to, the following:
(1) Information on adolescent development;
(2) risk and needs assessments;
(3) mental health;
(4) diversity;
(5) youth crisis intervention;
(6) substance abuse prevention;
(7) trauma-informed responses; and
(8) other evidence-based practices in school policing to mitigate student juvenile justice exposure.
(c) The superintendent of each school district or the superintendent's designee and any law enforcement officer primarily assigned to a school shall complete the skill development training.
History: L. 2016, ch. 46, § 14; July 1.
(a) It is hereby declared to be the public policy of the state of Kansas that the attorney general, as the state's chief legal officer, should have notice and the opportunity to appear and be fully heard before any statute or constitutional provision of this state is determined by the judicial branch to be invalid as violating the constitution of the state of Kansas, the United States constitution or any other provision of federal law. This section shall be liberally construed to effectuate that public policy.
(b) Before declaring or determining any statute or constitutional provision of this state invalid as violating the constitution of the state of Kansas, the United States constitution or any other provision of federal law, or enjoining any statute or constitutional provision for such invalidity, or entering any judgment or order that determines or declares such invalidity, a district court or any judge of the district court, whether acting in judicial or administrative capacity, shall require:
(1) In any criminal case, that the state of Kansas has been given notice of the disputed validity and provided an opportunity to appear and be heard on the question of the validity of the statute or constitutional provision. Such notice shall be served by the party disputing validity on the prosecuting attorney representing the state in such criminal case. If the prosecuting attorney fails to respond to such notice, the court shall notify the attorney general of such failure to respond and shall provide the attorney general the opportunity to appear and be heard on the question of the validity of the statute or constitutional provision; and
(2) in any civil case, and in all other matters, that notice of the disputed validity has been served on the attorney general by the party disputing validity, or by the court, and the attorney general has been given an opportunity to appear and be heard on the question of the validity of the statute or constitutional provision.
(c) In any matter before the supreme court or the court of appeals, or any justice or judge thereof:
(1) A party that files a pleading, brief, written motion or other filing or paper that contests or calls into doubt the validity of any statute or constitutional provision of this state shall serve such filing or paper on the attorney general, accompanied by a conspicuous notice that the attorney general is being served pursuant to this section; and
(2) the court shall ensure that the attorney general has been provided notice and an opportunity to appear before determining any statute or constitutional provision of this state to be invalid as violating the constitution of the state of Kansas, the United States constitution or any other provision of federal law.
(d) If any court, or justice or judge thereof, enters any judgment or order, or makes any determination or declaration, in violation of this section, the attorney general may, within a reasonable time of learning of such violation, apply to the court to set aside or rescind such judgment, order, determination or declaration. Such application shall be considered timely if made within 30 days from the date the court, or justice or judge thereof, files such judgment, order, determination or declaration, or within 15 days after the attorney general has learned of such violation, whichever is later. Upon application of the attorney general under this subsection, the court shall enter such orders as are necessary to allow the attorney general to appear and be heard and shall set aside or rescind such judgment, order, determination or declaration upon a showing it was entered in violation of this section.
(e) Whenever notice is required to be served on or provided to the attorney general by this section, the attorney general shall be allowed at least 21 days from the date of such notice to appear or intervene, and if the attorney general does appear or intervene, the attorney general shall be given such reasonable additional time to be fully heard as the court may order.
(f) Nothing in this section shall be construed to require the attorney general to appear or intervene in any action.
(g) This section shall not apply in any action or proceeding in which the attorney general is the party disputing or defending the validity of the statute or constitutional provision.
History: L. 2016, ch. 8, § 1; July 1.
(a) There is hereby established in the state treasury the fraud and abuse criminal prosecution fund which shall be administered by the attorney general. 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 attorney general or the attorney general's designee. All moneys credited to the fraud and abuse criminal prosecution fund shall be expended for the prevention and detection of fraud and abuse and for support of criminal investigations and prosecutions within the jurisdiction of the attorney general. In expending moneys from the fund, the attorney general shall give priority to criminal cases referred to the attorney general for investigation or prosecution by or pursuant to:
(1) The office of the securities commissioner of Kansas, established by K.S.A. 75-6301, and amendments thereto;
(2) the criminal anti-fraud division of the department of insurance, established by K.S.A. 40-113, and amendments thereto; and
(3) the abuse, neglect and exploitation unit established by K.S.A. 75-723, and amendments thereto.
(b) On July 1 of each year, or as soon thereafter as unencumbered funds are available, the director of accounts and reports shall transfer to the fraud and abuse criminal prosecution fund an amount equal to: (1) $200,000 from the securities act fee fund created by K.S.A. 17-12a601, and amendments thereto; and (2) $200,000 from the insurance department service regulation fund created by K.S.A. 40-112, and amendments thereto. Upon making any such transfer, the director of accounts and reports shall give notice thereof to the attorney general, the commissioner of insurance and the securities commissioner who shall make the proper entries on the records of their respective offices to show such transfers.
(c) The attorney general may apply for, receive and accept moneys from any source for the purposes for which moneys in the fraud and abuse criminal prosecution 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 fraud and abuse criminal prosecution fund.
History: L. 2017, ch. 81, § 1; July 1.
(a) To promote efficiency in staffing and operations and consistency in enforcement of the criminal law, it is declared to be the public policy of this state that the prosecuting attorneys who bring criminal actions in the name of the state of Kansas, other than county and district attorneys, and the funding therefor should, to the extent practicable, be located in the attorney general's office under the jurisdiction of the attorney general.
(b) Any state agency may enter into agreements with the attorney general to carry out provisions of this section and K.S.A. 75-765, and amendments thereto.
History: L. 2017, ch. 81, § 2; July 1.
(a) The attorney general, the commissioner of insurance and the securities commissioner shall coordinate and cooperate to prevent, detect, investigate and criminally prosecute crimes related to insurance and securities.
(b) The criminal anti-fraud unit of the department of insurance and the office of the securities commissioner of Kansas shall, upon request of the attorney general, provide the attorney general access to all records, reports, filings, investigation documents and other records that the attorney general has reasonable suspicion to believe are relevant to any criminal investigation or prosecution of suspected insurance fraud or securities fraud.
(c) The attorney general may, in the attorney general's discretion, assist in any criminal investigation conducted: (1) By the criminal anti-fraud unit of the department of insurance of suspected insurance fraud; or (2) by the office of the securities commissioner of Kansas of suspected securities fraud.
(d) The attorney general may enter into agreements with the commissioner of insurance, the securities commissioner, or both, as deemed necessary to carry out the provisions of this section.
(e) The attorney general may adopt rules and regulations as deemed appropriate for the administration of this section.
History: L. 2017, ch. 81, § 3; July 1.
In a criminal matter or a postconviction case in the Kansas supreme court or the Kansas court of appeals:
(a) A copy of each brief must be served on the attorney general of Kansas; and
(b) no brief may be filed by or on behalf of the state of Kansas or any officer or agent of the state unless the approval of the attorney general or a member of the attorney general's staff is endorsed on the brief.
History: L. 2017, ch. 76, § 1; June 1.
(a) The attorney general may determine, fix and establish a system of legal representation charges and collect such charges from any state agency to which the attorney general provides legal services. The attorney general may determine the amount of legal representation charges due from a state agency by use of a schedule of fees and costs for legal services published by the attorney general or by entering into an agreement with a state agency for payment by such agency for legal services. Such schedule of fees and costs shall not exceed the amount of compensation established pursuant to K.S.A. 22-4507, and amendments thereto, for attorneys appointed by the court to perform services for an indigent person.
(b) As used in this section:
(1) "State agency" means any department of state government or any agency thereof that collects fees for licensing, regulating or certifying a person or profession;
(2) "legal representation charges" means any costs, fees, expenses or other financial liability incurred by the attorney general, including, but not limited to, attorney fees, to provide legal services to a state agency; and
(3) "legal services" means any form of legal advice, representation or counseling involving an attorney-client relationship, including, but not limited to, general counsel services and representation of a state agency in any administrative law matter. "Legal services" includes legal services provided at the attorney general's discretion at the request of a state agency and legal services the attorney general is required by law to provide to a state agency. "Legal services" shall not include any representation provided pursuant to the Kansas tort claims act, K.S.A. 75-6101 et seq., and amendments thereto, or the defense of civil rights claims pursuant to K.S.A. 75-6116, and amendments thereto.
(c) The amounts collected under this section shall be remitted by the attorney general 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 attorney general's state agency representation fund, which is hereby created. Moneys in the attorney general's state agency representation fund shall be expended by the attorney general for operations of the office of the attorney general.
(d) Nothing in this section shall impose an obligation for the attorney general to provide legal services to any state agency.
(e) The attorney general may adopt rules and regulations as necessary to implement this section.
History: L. 2017, ch. 76, § 2; June 1.
(a) On and after the effective date of this act, all of the powers, duties, functions, records and property of the office of the inspector general within the department of health and environment are hereby transferred to the office of inspector general within the office of the attorney general, except as is otherwise provided.
(b) (1) The office of inspector general within the office of the attorney general shall be the successor in every way of the powers, duties and functions of the office of the inspector general within the department of health and environment in which the same were vested prior to the effective date of this act, except as otherwise provided.
(2) Whenever the office of the inspector general within the department of health and environment, 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 office of inspector general within the office of the attorney general.
(3) All orders or directives of the office of the inspector general within the department of health and environment in existence on the effective date of this act shall continue to be effective and shall be deemed to be the orders or directives of the office of inspector general within the office of the attorney general, until revised, amended, repealed or nullified pursuant to law.
(c) On the effective date of this act, all unexpended balances of appropriations of the office of the inspector general within the department of health and environment shall be transferred to the office of the attorney general to be used by the office of inspector general within the office of the attorney general to carry out the powers, duties and functions transferred to the office of the inspector general within the office of the attorney general by the provisions of this act.
(d) (1) 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 act, or by or against any officer of the state in the officer's official capacity or in relation to the discharge of the 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 successor of any such existing state agency, or any officer affected.
(2) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
(e) 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 act, or under authority of this act, the conflict shall be resolved by the governor and such decision of the governor shall be final.
History: L. 2017, ch. 76, § 3; June 1.
(a) The attorney general shall appoint a Kansas victim information and notification everyday (VINE) coordinator, and within the limits of appropriations available therefor, such additional staff as necessary to support the coordinator.
(b) The Kansas VINE coordinator shall work with interested parties, including, but not limited to, the sheriffs throughout the state, to oversee the implementation and operation of the VINE system throughout the state.
(c) The attorney general may appoint an advisory board to make recommendations for the implementation and operation of the VINE program. Such advisory committee, if appointed, may consist of up to five members appointed by the attorney general. One member shall be a victim advocate and one shall be a representative of the Kansas sheriffs' association. Except as provided in K.S.A. 75-3212, and amendments thereto, no member of any such advisory committee shall receive any compensation, subsistence, mileage or other allowance for serving on an advisory board appointed pursuant to this section.
(d) The attorney general shall promulgate rules and regulations necessary to carry out the provisions of this section.
History: L. 2019, ch. 62, § 4; May 30.
(a) The attorney general shall appoint a Kansas youth suicide prevention coordinator and, within the limits of appropriations available therefor, such additional staff as necessary to support the coordinator. The Kansas youth suicide prevention coordinator shall identify, create, coordinate and support youth suicide awareness and prevention efforts throughout the state.
(b) Within the limits of appropriations therefor, the Kansas youth suicide prevention coordinator may:
(1) Lead the development, implementation and marketing of a website, online application and mobile phone application to facilitate communication with youth for the purpose of preventing youth suicide and promoting youth safety and well-being;
(2) develop and promote multidisciplinary and interagency strategies to help communities, schools, mental health professionals, medical professionals, law enforcement and others work together and coordinate efforts to prevent and address youth suicide;
(3) organize events that bring together youth, educators and community members from across the state to share information and receive training to prevent and address youth suicide in their communities;
(4) gather, disseminate and promote information focused on suicide reduction; and
(5) perform any other duty assigned by the attorney general to carry out the provisions of this section.
History: L. 2019, ch. 62, § 5; May 30.
(a) There is hereby established within the office of the attorney general a crime victims compensation division to administer and support the operations of the crime victims compensation board established pursuant to K.S.A. 74-7301 et seq., and amendments thereto. The division shall receive applications for compensation and all supporting papers and shall, if requested by the board, investigate the claim, appear in proceedings related to the claim and present evidence in opposition to or support of an award.
(b) The attorney general shall establish and maintain a principal office for the division and other necessary offices within the state, appoint employees and agents, as necessary, and prescribe the duties and compensation for each employee and agent subject to appropriations. The crime victims compensation division shall be headed by a director appointed by the attorney general in consultation with the crime victims compensation board.
(c) The crime victims compensation division shall:
(1) Prescribe forms on which applications for compensation shall be made;
(2) request investigations and data from county and district attorneys, law enforcement officers and other sources to enable the crime victims compensation board to determine whether, and to what extent a claimant qualifies for compensation;
(3) make available for public inspection, as provided by the Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto, all rules and regulations, written statements of policy, interpretations formulated, adopted or used by the crime victims compensation board and decisions and opinions of the crime victims compensation board;
(4) publicize the availability of compensation and information regarding the filing of claims; and
(5) perform any other duty assigned by the attorney general to carry out the provisions of this section.
(d) Confidentiality provided by law covering a claimant's or victim's juvenile court records shall not be applicable in proceedings pursuant to K.S.A. 74-7301 et seq., and amendments thereto.
History: L. 2019, ch. 62, § 6; May 30.
In consultation with Native American Indian tribes, the Kansas bureau of investigation, the Kansas law enforcement training center and other appropriate state agencies, the attorney general may coordinate training regarding missing and murdered indigenous persons for law enforcement agencies throughout Kansas.
History: L. 2021, ch. 24, § 1; July 1.
K.S.A. 2025 Supp. 75-775 through 75-781, and amendments thereto, shall be known and may be cited as the Kansas fights addiction act.
History: L. 2021, ch. 110, § 1; May 27.
As used in K.S.A. 2025 Supp. 75-775 through 75-781, and amendments thereto:
(a) "Act" means the Kansas fights addiction act.
(b) "Covered conduct" means any conduct covered by opioid litigation that resulted in payment of moneys into the Kansas fights addiction fund.
(c) "Defendant" means a defendant or putative defendant in any opioid litigation.
(d) "Moneys that are received" includes damages, penalties, attorney fees, costs, disbursements, refunds, rebates or any other monetary payment made or paid by any defendant by reason of any judgment, consent decree or settlement, after payment of any costs or fees allocated by court order.
(e) "Municipality" means the same as defined in K.S.A. 75-6102, and amendments thereto.
(f) "Opioid litigation" means any civil lawsuit, demand or settlement, including any settlement in lieu of litigation, alleging unlawful conduct in the manufacturing, marketing, distribution, prescribing or other use of opioid medications and asserting or resolving claims of the state or any municipality.
(g) "Qualified applicant" means any state entity, municipality, not-for-profit private entity or for-profit private entity that provides services for the purpose of preventing, reducing, treating or otherwise abating or remediating substance abuse or addiction and that has released its legal claims arising from covered conduct against each defendant that is required by opioid litigation to pay into the fund.
(h) "State" means the state of Kansas, including any agency or official thereof.
(i) "Sunflower foundation" means the sunflower foundation: health care for Kansas, established pursuant to the settlement agreement entered into by the attorney general in the action filed by blue cross and blue shield of Kansas, inc., in the district court of Shawnee county, Kansas, case No. 97CV608.
History: L. 2021, ch. 110, § 2; L. 2024, ch. 3, § 1; July 1.
(a) Notwithstanding any other provision of law to the contrary, the attorney general shall remit to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto, all moneys that are received by the state pursuant to opioid litigation in which the attorney general is involved that is dedicated by the terms of such litigation for the abatement or remediation of substance abuse or addiction. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount into the state treasury. The state treasurer shall credit 75% of each such deposit to the Kansas fights addiction fund and 25% of each such deposit to the municipalities fight addiction fund.
(b) There is hereby established in the state treasury the Kansas fights addiction fund, and such fund shall be administered by the attorney general. Except as provided in subsection (c), moneys in the Kansas fights addiction fund shall be expended subject to any agreement authorized under K.S.A. 2025 Supp. 75-778(d), and amendments thereto, for grants approved by the Kansas fights addiction grant review board created by K.S.A. 2025 Supp. 75-778, and amendments thereto, to qualified applicants for projects and activities that prevent, reduce, treat or mitigate the effects of substance abuse and addiction. Any such expenditure for a grant shall not be used to supplant any other source of funding. No moneys shall be expended from the Kansas fights addiction fund for the payment of litigation costs, expenses or attorney fees related to opioid litigation.
(c) On July 1 of each year, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $200,000 from the Kansas fights addiction fund to the prescription monitoring program fund established by K.S.A. 2025 Supp. 65-1694a, and amendments thereto. For any fiscal year, if there are insufficient unencumbered moneys in the Kansas fights addiction fund to make such transfer, no transfer shall be made under this subsection for such fiscal year.
(d) (1) There is hereby established in the state treasury the municipalities fight addiction fund, and such fund shall be administered by the attorney general to disburse funds to municipalities. Moneys in the municipalities fight addiction fund shall be expended subject to an agreement between the attorney general, the Kansas association of counties and the league of Kansas municipalities for projects and activities that prevent, reduce, treat or mitigate the effects of substance abuse and addiction or to reimburse the municipality for previous expenses related to substance abuse mitigation or arising from covered conduct. Moneys may also be used to reimburse municipalities for the payment of litigation costs, expenses or attorney fees related to opioid litigation, except that a municipality shall first seek payment from applicable outside settlement sources or settlement fee funds prior to seeking payment from the municipalities fight addiction fund.
(2) An agreement between the attorney general, the Kansas association of counties and the league of Kansas municipalities shall determine the method for disbursing moneys from the fund, and such moneys shall be disbursed to municipalities that have not filed opioid litigation and municipalities that have filed opioid litigation and have entered into an agreement with the attorney general prior to January 1, 2022, that releases the municipality's legal claims arising from covered conduct to the attorney general and assigns any future legal claims arising from covered conduct to the attorney general.
(e) All expenditures from the Kansas fights addiction fund and the municipalities fight addiction fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports pursuant to vouchers approved by the attorney general or the attorney general's designee.
History: L. 2021, ch. 110, § 3; May 27.
(a) The board of county commissioners of any county may provide, by adoption of a resolution, for a municipalities fight addiction fund to finance expenditures incurred as described in K.S.A. 2025 Supp. 75-777, and amendments thereto.
(b) Expenditures from the fund shall be subject to the budget requirements of K.S.A. 79-2925 through 79-2937, and amendments thereto.
(c) The provisions of this section shall be a part of and supplemental to the Kansas fights addiction act, K.S.A. 2025 Supp. 75-775 et seq., and amendments thereto.
History: L. 2023, ch. 10, § 2; July 1.
(a) There is hereby created under the jurisdiction of the attorney general the Kansas fights addiction grant review board. At least one member of such board shall reside in each of the state's congressional districts. Each member shall serve at the pleasure of the appointing authority. Such board shall be composed of 11 members who have expertise in the prevention, reduction, treatment or mitigation of the effects of substance abuse and addiction, as follows:
(1) One member appointed by the attorney general to be designated as chairperson of the board;
(2) one member appointed by the governor;
(3) one member appointed by the president of the senate;
(4) one member appointed by the speaker of the house of representatives;
(5) one member appointed by the minority leader of the senate;
(6) one member appointed by the minority leader of the house of representatives;
(7) one member appointed by the league of Kansas municipalities;
(8) one member appointed by the Kansas association of counties;
(9) one member appointed by the Kansas county and district attorneys association;
(10) one member appointed by the association of community mental health centers of Kansas; and
(11) one member appointed by the behavioral sciences regulatory board.
(b) The board shall receive and consider applications for grants of money from the Kansas fights addiction fund. Not fewer than six members of the board voting in the affirmative shall be necessary to approve each grant, and each member shall have one vote. The board may adopt rules and procedures for its operation, conduct hearings, receive testimony and gather information to assist in its powers, duties and functions under this act.
(c) In awarding grants, the board:
(1) Shall take care to support services throughout the state and shall ensure not less than 1/8 of the total amount of moneys granted each calendar year shall be for services in each of the state's congressional districts;
(2) shall take into account science and data-driven substance abuse prevention reduction, treatment or mitigation strategies;
(3) shall consult with the Kansas prescription drug and opioid advisory committee, the department of health and environment, the insurance department and other appropriate public and private entities to ensure coordination of drug abuse and addiction prevention and mitigation efforts throughout the state;
(4) shall approve grants only in compliance with the requirements of K.S.A. 2025 Supp. 75-777, and amendments thereto;
(5) shall consider the sustainability of programming after grant funds are exhausted;
(6) may establish conditions for the award of grants and require assurance and subsequent review to ensure such conditions are satisfied;
(7) may give preference to qualified applicants that are not otherwise seeking or receiving funds from opioid litigation; and
(8) may give preference to grants that expand availability of certified drug abuse treatment programs authorized by K.S.A. 21-6824, and amendments thereto.
(d) (1) The attorney general shall provide administrative support for the board and shall administer, monitor and assure compliance with conditions on grants awarded.
(2) To carry out the duties and responsibilities under paragraph (1), the attorney general may enter into an agreement with the sunflower foundation to provide such administration, monitoring and assurance of compliance. Such agreement may:
(A) Provide for the attorney general to periodically transfer moneys from the Kansas fights addiction fund to the sunflower foundation. The sunflower administration shall administer any such moneys in a manner consistent with this act and with grants approved by the board. If an agreement authorized by this subsection is in effect, the attorney general may transfer moneys from the Kansas fights addiction fund to the sunflower foundation pursuant to such agreement;
(B) provide for a reasonable fee or other compensation for the sunflower foundation for services related to this act;
(C) make provision for the use of any earnings on moneys transferred to the sunflower foundation pursuant to this act and invested by the sunflower foundation; and
(D) contain other provisions as may be reasonably necessary and appropriate to carry out the provisions of this act.
(3) The attorney general may take any action necessary to ensure the greatest possible recovery from opioid litigation and to seek funds for the Kansas fights addiction fund and the municipalities fight addiction fund.
(e) Members of the board shall not receive compensation, except that members shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto, when attending meetings of the board after January 8, 2024, if such members are not being reimbursed for such expenses by their appointing authority, employer or any other entity. Each member shall file a statement of substantial interest as provided in K.S.A. 46-248 through 46-252, and amendments thereto. No member shall participate in the consideration of any grant application for which such member has a conflict of interest.
History: L. 2021, ch. 110, § 4; L. 2024, ch. 3, § 2; July 1.
The attorney general and each municipality shall be solely responsible for paying all costs, expenses and attorney fees arising from opioid litigation brought under their respective authorities, including any attorney fees owed to private legal counsel, and may seek payment or reimbursement of such costs, expenses and attorney fees from moneys not deposited in the Kansas fights addiction fund.
History: L. 2021, ch. 110, § 5; May 27.
(a) Except as provided by subsection (b), on and after January 1, 2021, no municipality shall file or become a party to opioid litigation in any court without the prior approval of the attorney general. Any municipality that filed or became a party to opioid litigation on or after January 1, 2021, through the effective date of the Kansas fights addiction act shall withdraw from such opioid litigation, unless such municipality receives approval from the attorney general to maintain such opioid litigation.
(b) This section shall not apply to or affect any municipality that filed or became a party to opioid litigation in court prior to January 1, 2021.
History: L. 2021, ch. 110, § 6; May 27.
Not later than March 1 of each year, the Kansas fights addiction grant review board shall submit to the speaker of the house of representatives, the president of the senate, the governor and the attorney general a report of the board's activities during the prior calendar year, including:
(a) An accounting of moneys deposited into and expended from the Kansas fights addiction fund;
(b) a summary of each approved grant, including the name and a detailed description of the qualified applicant, the amount granted, the justification for the grant with a detailed description of the grant's intended use and any other relevant information the board deems appropriate;
(c) an explanation of how the board's actions during the year have complied with the requirements of this act; and
(d) any other relevant information the board deems appropriate.
History: L. 2021, ch. 110, § 7; May 27.
(a) The attorney general shall appoint a Kansas elder and dependent adult abuse multidisciplinary team coordinator and, within the limits of appropriations available therefor, such additional staff as necessary to support the coordinator. The coordinator shall facilitate the convening of an elder and dependent adult abuse multidisciplinary team in each judicial district.
(b) (1) Such teams shall be composed of the following individuals, or their designee:
(A) The sheriff of each county within the judicial district;
(B) the county or district attorney of each county within the judicial district;
(C) the secretary for children and families;
(D) the secretary for aging and disability services; and
(E) the state long-term care ombudsman.
(2) Such teams may also include the following individuals:
(A) A representative from any law enforcement agency not included in subsection (b)(1)(A);
(B) a medical provider;
(C) a legal services provider;
(D) a housing provider or representative of elder or dependent adult housing facilities;
(E) the district coroner or a medical examiner;
(F) a representative of the financial services or banking industry;
(G) a representative of the area agencies on aging; or
(H) any other individual deemed necessary by the team.
(c) Such team:
(1) Shall coordinate investigations of elder and dependent adult abuse as defined by K.S.A. 21-5417, 39-1401 et seq. and 39-1430 et seq., and amendments thereto; and
(2) may identify opportunities within local jurisdictions to improve policies and procedures in the notification and response to abuse, neglect and exploitation of elder or dependent adults, within the limits of local resources.
(d) Such team shall determine the the manner and frequency of meetings, but shall not meet less than quarterly. The team may create and enter into memorandums of understanding with any governmental agency or private entity deemed necessary by the team.
(e) All documents, materials or other information obtained by or discussed by the team shall be confidential and privileged and not be subject to the provisions of the Kansas open records act as provided by K.S.A. 45-215 et seq., and amendments thereto. The provisions of this subsection shall expire on July 1, 2026, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2026.
(f) Meetings conducted pursuant to this section shall not be subject to the provisions of the Kansas open meetings act as provided by K.S.A. 75-4317 et seq., and amendments thereto.
(g) On or before the first day of each regular session of the legislature, beginning with the 2022 regular session, the attorney general shall submit a report to the legislature on the implementation and use of the teams.
History: L. 2021, ch. 81, § 2; July 1.
(a) The provisions of K.S.A. 2025 Supp. 75-783 through 75-787, and amendments thereto, shall be known and may be cited as the commercial financing disclosure act.
(b) As used in the commercial financing disclosure act:
(1) (A) "Account" includes:
(i) A right to payment of a monetary obligation, whether or not earned by performance, for:
(a) Property that has been or is to be sold, leased, licensed, assigned or otherwise disposed of;
(b) services rendered or to be rendered;
(c) a policy of insurance issued or to be issued;
(d) a secondary obligation incurred or to be incurred;
(e) energy provided or to be provided;
(f) the use or hire of a vessel under a charter or other contract;
(g) arising out of the use of a credit card or charge card or information contained on or for the use with such card; or
(h) winnings in a lottery or other game of chance operated or sponsored by a state, governmental unit of a state or person licensed or authorized to operate such lottery or game by a state or governmental unit of a state; and
(ii) healthcare insurance receivables.
(B) "Account" does not include:
(i) Rights to payment evidenced by chattel paper or an instrument;
(ii) commercial tort claims;
(iii) deposit accounts;
(iv) investment property;
(v) letter-of-credit rights or letters of credit; or
(vi) rights to payment for moneys advanced or sold other than rights arising out of the use of a credit card or charge card or information contained on or for use with such card.
(2) "Accounts receivable purchase transaction" means any transaction in which a business forwards or otherwise sells to a provider all or a portion of accounts of such business, cash receipts or payment intangibles at a discount to the expected value of such accounts or payment intangibles. The provider's characterization of an accounts receivable purchase transaction as a purchase shall be conclusive that such accounts receivable purchase transaction is not a loan or a transaction for the use, forbearance or detention of money.
(3) "Act" means the commercial financing disclosure act.
(4) "Advance fee" means any consideration that is assessed or collected prior to the closing of a commercial financing transaction by a broker.
(5) (A) "Broker" means any person who, for compensation or the expectation of compensation:
(i) Arranges a commercial financing product transaction between a third party that, if executed, such transaction would be binding upon such third party; and
(ii) communicates such transaction to a business in this state.
(iii)* "Broker" does not include a provider or any individual or entity whose compensation is not based or dependent upon the terms of the specific commercial financing product obtained or offered.
(6) "Business" means an individual, group of individuals, sole proprietorship, corporation, limited liability company, trust, estate, cooperative, association, limited partnership or general partnership engaged in a business activity.
(7) "Business purpose transaction" means any transaction in which the proceeds resulting therefrom are provided to a business or are intended to be used to carry on a business and are not for personal, family or household purposes. A provider may rely on any written statement of intended purpose signed by a business to determine whether such transaction is a "business purpose transaction". Such written statement may be a separate statement or may be contained in an application, agreement or other document signed by such business or the owner of such business.
(8) "Commercial financing facility" means a provider's plan for purchasing multiple accounts receivable from the recipient over a period of time pursuant to an agreement that sets forth the terms and conditions governing the use of the facility.
(9) "Commercial financing transaction" means any commercial loan, accounts receivable purchase transaction and commercial open-end credit plan when the transaction is a business purpose transaction.
(10) "Commercial loan" means a loan to a business, whether secured or unsecured.
(11) "Commercial open-end credit plan" means commercial financing extended by a provider under a plan in which:
(A) The provider reasonably contemplates repeat transactions; and
(B) subject to any limit set by the provider, the amount of financing that such provider may extend to the business during the term of the plan is made available to the extent that any outstanding balance is repaid.
(12) "Depository institution" means a bank, trust company, industrial loan company, savings and loan association, savings bank or credit union doing business under the authority of a license, certificate or charter issued by the United States, this state or any other state and that is authorized to transact business in this state.
(13) "General intangible" means any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money and oil, gas or other minerals before extraction. "General intangible" includes payment intangibles and software.
(14) "Payment intangible" means a general intangible under which the account debtor's principal obligation is a monetary obligation.
(15) "Person" means any individual, firm, company, partnership, corporation or association.
(16) "Provider" means a person who consummates more than five commercial financing transactions to a business located in this state in a calendar year. "Provider" includes a person that enters into a written agreement with a depository institution to arrange for the extension of a commercial financing transaction by such depository institution to a business through an online lending platform administered by such person.
History: L. 2024, ch. 29, § 1; July 1.
(a) Before, or at the time of, consummating a commercial financing transaction, a provider shall disclose to the business the terms of such commercial financing transaction in accordance with the provisions of this section. Only one disclosure shall be required for each commercial financing transaction and disclosure shall not be required when modification, forbearance or change to a consummated commercial financing transaction occurs.
(b) A provider shall disclose with each commercial financing transaction:
(1) The total amount of funds provided to the business under the terms of such commercial financing transaction. Such disclosure shall be labeled "total amount of funds provided";
(2) the total amount of funds disbursed to such business under the terms of such commercial financing transaction if less than the total amount of funds provided under paragraph (1). Such disclosure shall be labeled "total amount of funds disbursed";
(3) the total amount to be paid to such provider pursuant to such commercial financing transaction agreement. Such disclosure shall be labeled "total of payments";
(4) the total dollar cost of such commercial financing transaction under the terms of the agreement, which shall be determined by subtracting the total amount of funds provided from the total of payments. Such calculation shall include any fees or charges deducted by the provider from the amount under paragraph (1). Such disclosure shall be labeled "total dollar cost of financing";
(5) the manner, frequency and amount of each payment. Such disclosure shall be labeled "payments". If such payments vary, the provider shall instead disclose the manner, frequency and the estimated amount of the initial payment and shall label such disclosure as "estimated payments." The commercial financing transaction agreement shall include a description of the methodology for calculating any variable payment and the circumstances for when payments may vary; and
(6) a statement of whether there are any costs or discounts associated with prepayment of such commercial financing transaction, including a reference to the paragraph in such agreement that creates the contractual right to prepayment. Such disclosure shall be labeled "prepayment".
(c) A provider that consummates a commercial financing facility may provide disclosures required by this act that are based on an example of a transaction that could occur under the agreement. The example shall be based on an account receivable total face amount owed of $10,000. Only one disclosure is required for each commercial financing facility, and a disclosure is not required as result of a modification, forbearance or change to the facility. A new disclosure is not required each time accounts receivables are purchased under the facility.
History: L. 2024, ch. 29, § 2; July 1.
The provisions of this act shall not apply to a:
(a) Provider that is a depository institution or its parent company or a subsidiary or service corporation that is:
(1) Owned and controlled by a depository institution; and
(2) regulated by a federal banking agency;
(b) provider that is a lender regulated under the federal farm credit act, 12 U.S.C. § 2001 et seq.;
(c) commercial financing transaction that is:
(1) Secured by real property;
(2) a lease; or
(3) a purchase money obligation that is incurred as all or part of the price of the collateral or for value given to enable the business to acquire rights in or the use of such collateral if such value is so used;
(d) commercial financing transaction in which the recipient is a motor vehicle dealer or a vehicle rental company, or an affiliate of a motor vehicle dealer or vehicle rental company or an affiliate of such a company pursuant to a commercial loan or commercial open-end credit plan of at least $50,000 or a commercial financing transaction offered by a person in connection with the sale or lease of products or services that such person manufactures, licenses or distributes or whose parent company or any of such parent company's directly or indirectly owned and controlled subsidiaries manufactures, licenses or distributes;
(e) provider that is licensed as a money transmitter in accordance with the Kansas money transmitter act or the law of any other state, district, territory or commonwealth of the United States;
(f) provider that consummates not more than five commercial financing transaction transactions in this state in a 12-month period; or
(g) commercial financing transaction of more than $500,000.
History: L. 2024, ch. 29, § 3; July 1.
No broker shall:
(a) Assess, collect or solicit an advance fee from a business to provide services as a broker. Nothing in this subsection shall be construed to preclude a broker from soliciting a potential business to pay for, or preclude a potential business from paying for, actual services necessary to apply for a commercial financing transaction. Such actual services may include, but not be limited to, a credit check or an appraisal of security, where such payment is made by check or money order payable to a party independent of the broker;
(b) make or use any false or misleading representations or omit any material fact in the offer or sale of the services of a broker or engage, directly or indirectly, in any act that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a broker, notwithstanding the absence of reliance by the buyer; or
(c) make or use any false or deceptive representation in its business dealings.
History: L. 2024, ch. 29, § 4; July 1.
(a) Violations of the provisions of this act shall be punishable by a civil penalty of $500 per violation, but not to exceed $20,000 for all aggregated violations. Any person who violates the provisions of this act after receiving written notice of a prior violation from the attorney general shall be punishable by a civil penalty of $1,000 per violation, but not to exceed $50,000 for all aggregated violations.
(b) Violations of this act shall not affect the enforceability or validity of the underlying agreement.
(c) This act shall not create a private right of action against any person based upon compliance or noncompliance with the provisions of this act.
(d) Authority to enforce compliance with this act shall be vested exclusively with the attorney general.
History: L. 2024, ch. 29, § 5; July 1.
As used in K.S.A. 2025 Supp. 75-788 through 75-794, and amendments thereto:
(a) "Agency" means any officer, department, bureau, division, board, authority, agency, commission or institution of this state, except the judicial and legislative branches, that is authorized by law to adopt rules and regulations concerning the administration, enforcement or interpretation of any law of this state;
(b) "records" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(c) "written report" means the report written by an applicable agency required by K.S.A. 2025 Supp. 75-790(f), and amendments thereto.
History: L. 2025, ch. 107, § 1; July 1.
(a) (1) There is hereby established within the office of the attorney general a regulatory relief division to administer and support the operations of the general regulatory sandbox program.
(2) The attorney general shall establish and maintain a principal office for the regulatory relief division within the state, appoint employees and agents and prescribe the duties and compensation for each employee and agent subject to appropriations. The regulatory relief division shall be headed by a director appointed by the attorney general. Such director shall report to the attorney general and may appoint staff subject to the approval of the attorney general. Appointments of employees by the attorney general or by the director and approved by the attorney general shall be limited to one full-time and one part-time employee, unless additional staff is requested by and authorized pursuant to appropriations as approved by the house committee on appropriations and the senate committee on ways and means.
(b) (1) The regulatory relief division shall:
(A) Administer the provisions of this section;
(B) administer the general regulatory sandbox program; and
(C) act as a liaison between private businesses and applicable agencies to identify rules and regulations that could be waived or suspended under the general regulatory sandbox program.
(2) The regulatory relief division may:
(A) Review state laws and rules and regulations that may unnecessarily inhibit the creation or success of new and existing companies and provide recommendations to the governor and the legislature on amending or repealing such state laws and rules and regulations;
(B) create a framework for analyzing the risk level to the health, safety and financial well-being of consumers related to repealing state laws and repealing or waiving the requirements of rules and regulations identified in subparagraph (A);
(C) propose potential reciprocity agreements between states that use or are proposing to use similar general regulatory sandbox programs as described in this section;
(D) adopt rules and regulations regarding the administration of the general regulatory sandbox program, including rules and regulations that:
(i) Administer the general regulatory sandbox program; and
(ii) set forth the general regulatory sandbox program application process and reporting requirements; and
(E) consult and cooperate with other agencies in the state relating to the general regulatory sandbox program.
(c) (1) There is hereby established the general regulatory sandbox program advisory committee. The advisory committee shall have 11 members as follows:
(A) Five members who represent business interests from a variety of industries, appointed by the director;
(B) two members appointed by the director who represent state agencies that license or regulate businesses;
(C) one member of the senate, appointed by the president of the senate;
(D) one member of the house of representatives, appointed by the speaker of the house of representatives;
(E) one member of the senate, appointed by the minority leader of the senate; and
(F) one member of the house of representatives, appointed by the minority leader of the house of representatives.
(2) Appointments to the advisory committee made by the director shall be for four-year renewable terms. Appointments to the advisory committee made by the president of the senate and the speaker of the house of representatives shall be for two-year renewable terms. Any vacancy in the membership of the advisory committee shall be filled for the unexpired term in the same manner as provided in this paragraph for the original appointment. Notwithstanding the requirements of this paragraph, the director may adjust the length of terms of appointments to the advisory committee, so that approximately half of the advisory committee is appointed every two years.
(3) The director shall select a chairperson from among the members of the advisory committee on an annual basis. A quorum of the advisory committee shall be a majority of the appointed members. All actions of the advisory committee shall be by motion adopted by a majority of those members present when there is a quorum.
(4) The advisory committee may meet at any time and at any place within the state upon the call of the chairperson or a majority of the members of the advisory committee.
(5) The advisory committee shall advise and make recommendations to the regulatory relief division as described in this section.
(6) The regulatory relief division shall provide assistance to the advisory committee to prepare and publish meeting agendas, public notices, meeting minutes and any research, data or information requested by the advisory committee.
(7) The advisory committee, in accordance with K.S.A. 75-4319, and amendments thereto, may recess for a closed or executive meeting when it is considering matters relating to applications submitted by applicants.
(8) If approved by the legislative coordinating committee, legislative members of the committee attending meetings authorized by the committee shall be paid amounts for expenses, mileage and subsistence as provided in K.S.A. 75-3223(e), and amendments thereto.
(d) Beginning in 2027, on or before the first day of each regular legislative session, the director of the regulatory relief division shall prepare and submit a report to the senate standing committee on commerce, the house standing committee on commerce, labor and economic development and the joint committee on administrative rules and regulations or their successor committees. Such report shall include:
(1) Information regarding each participant in the general regulatory sandbox program, including which industries each participant represents;
(2) the anticipated or actual cost savings that each participant experienced due to such participant's participation in the general regulatory sandbox program;
(3) recommendations regarding any laws or rules and regulations that should be repealed or amended;
(4) information regarding outcomes for consumers; and
(5) recommendations for changes to the general regulatory sandbox program or other duties of the regulatory relief division.
History: L. 2025, ch. 107, § 2; July 1.
(a) There is hereby created in the regulatory relief division the general regulatory sandbox program. In the administration of the general regulatory sandbox program, the regulatory relief division:
(1) Shall consult with each applicable state agency;
(2) shall establish a program to enable a person to obtain legal protections and limited access to the market in the state to demonstrate an innovative offering without obtaining a certification or registration that might otherwise be required by state law, except that:
(A) Nothing in this act shall be construed to permit any waiver or suspension of any licensing requirement or rule or regulation regarding licensing or to permit a license to be deemed for purposes of federal or state law; and
(B) the program shall not be used for any innovative offering regulated under any provision of the Kansas liquor control act, club and drinking establishment act or Kansas cereal malt beverage act, and no waiver or suspension of any licensing requirement or any other rule and regulation under any such act shall be permitted;
(3) may enter into agreements with or adopt the best practices of corresponding federal regulatory agencies or other states that are administering similar programs; and
(4) may consult with businesses in the state about existing or potential proposals for the general regulatory sandbox program.
(b) (1) The regulatory relief division shall provide relevant information regarding the regulatory sandbox program and how to apply for the program. The regulatory relief division may provide assistance to an applicant in preparing an application for submission.
(2) An applicant to the general regulatory sandbox program may contact the regulatory relief division to request a consultation regarding the general regulatory sandbox program before submitting an application.
(3) An applicant to the general regulatory sandbox program shall provide to the regulatory relief division an application in a form prescribed by the regulatory relief division that:
(A) Confirms that the applicant is subject to the jurisdiction of Kansas;
(B) confirms that the applicant has established a physical or virtual location in the state from where the demonstration of an innovative offering will be developed and performed and where all required records, documents and data will be maintained;
(C) contains relevant personal and contact information for the applicant, including legal names, addresses, telephone numbers, email addresses, website addresses and other information required by the regulatory relief division;
(D) discloses criminal convictions of the applicant or other participating personnel, if any;
(E) contains a description of the innovative offering to be demonstrated, including statements regarding:
(i) How the offering is subject to legal prohibition or other authorization requirements outside of the general regulatory sandbox program;
(ii) each rule and regulation that the applicant seeks to have waived or suspended while participating in the general regulatory sandbox program;
(iii) how the offering would benefit consumers;
(iv) how the offering is different from other offerings available in the state;
(v) what risks might exist for consumers who use or purchase the offering;
(vi) how participating in the general regulatory sandbox program would enable a successful demonstration of the offering;
(vii) a description of the proposed demonstration plan, including estimated time periods for beginning and ending the demonstration;
(viii) recognition that the applicant will be subject to all laws and rules and regulations pertaining to the applicant's offering after conclusion of the demonstration; and
(ix) how the applicant will end the demonstration and protect consumers if the demonstration fails;
(F) lists each agency, if any, that the applicant reasonably believes to regulate the applicant's business; and
(G) provides any other required information as determined by the regulatory relief office.
(4) For each application submitted, the regulatory relief office may collect a fee of not to exceed $250.
(5) An applicant shall file a separate application for each innovative offering that the applicant seeks to demonstrate.
(c) (1) The application and any related information provided by the applicant shall be confidential and privileged, except that the application and related information may be disclosed to an expert contracted by the division for specific services to review the records.
(2) Except as provided in paragraph 1, the application and any related information provided by the applicant shall be confidential and privileged and not be subject to the provisions of the Kansas open records act as provided by K.S.A. 45-215 et seq., and amendments thereto. The provisions of this subsection shall expire on July 1, 2030, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2030.
(d) After an application is filed, the regulatory relief office shall:
(1) Consult with each applicable agency that regulates the applicant's business to determine if more information is needed from the applicant; and
(2) seek any other information from the applicant that the regulatory relief office determines is necessary for an application to be complete.
(e) Not later than five business days after the day when a complete application is received, the regulatory relief office shall:
(1) Review the application and refer the application to each applicable agency that regulates the applicant's business; and
(2) provide to the applicant an acknowledgment of receipt of the application and the identity and contact information of each agency to which the application has been referred for review.
(f) (1) Except as provided by this section, not later than 30 days after the day when an applicable agency receives a complete application for review, the applicable agency shall provide a written report to the director of the applicable agency's findings. Such report shall:
(A) Describe any identifiable, likely and significant harm to the health, safety or financial well-being of consumers against which the relevant law or rule and regulation protects; and
(B) make a recommendation to the regulatory relief office that the application either be admitted or denied entrance into the general regulatory sandbox program.
(2) The applicable agency may request an additional five business days to deliver the written report by providing notice to the director. Such request shall automatically be granted, and the applicable agency may only request one extension per application.
(3) If the applicable agency recommends that an application should be denied entrance into the general regulatory sandbox program, the written report shall include a description of the reasons for the recommendation, including why a temporary waiver or suspension of the relevant rules and regulations is likely to significantly harm the health, safety or financial well-being of consumers or the public and the likelihood of such harm occurring.
(4) If the agency determines that the consumer's or public's health, safety or financial well-being can be protected through less restrictive means than the existing relevant rules and regulations, the applicable agency shall provide a recommendation of how such less restrictive means can be achieved.
(5) If an applicable agency fails to deliver a written report as described in this section, the director shall assume that the applicable agency does not object to the temporary waiver or suspension of the relevant rules and regulations for the application seeking to participate in the general regulatory sandbox program.
(6) Notwithstanding any other provision of this section, an applicable agency may:
(A) By written notice to the regulatory relief office not more than 30 days after the date when the applicable agency receives a completed application for review, or within 35 days if an extension has been requested by the applicable agency, reject an application if the applicable agency determines, in the applicable agency's sole discretion, that the applicant's offering fails to comply with standards or specifications required by federal law or regulation or previously approved for use by a federal agency; or
(B) reject an application preliminarily approved by the regulatory relief office, if the applicable agency recommended rejection of the application in the agency's written report and provides in the written notice under subparagraph (A) a description of the applicable agency's reasons why approval of the application would create a substantial risk of harm to the health or safety of the public or create unreasonable expenses for taxpayers in the state.
(7) If an applicable agency rejects an application under paragraph (6), the regulatory relief office shall not approve such application unless the advisory committee recommends that the application should be approved by a 2/3 vote.
(g) (1) Upon receiving a written report, the director shall provide the application and the written report to the advisory committee.
(2) The director may call the advisory committee to meet, as needed, but not less than once per quarter if applications are available for review.
(3) After receiving and reviewing the application and each written report, the advisory committee shall provide to the director the advisory committee's recommendation as to whether or not the applicant should be admitted as a sandbox participant under this section.
(4) As part of the advisory committee's review of each written report, the advisory committee shall use the criteria required for an applicable agency as described in subsection (f).
(h) (1) In reviewing an application and each applicable agency's written report, the regulatory relief office shall consult with each applicable agency and the advisory committee before admitting an applicant into the general regulatory sandbox program. Such consultation may seek information regarding whether the applicable agency has previously:
(A) Issued a license or other authorization to the applicant; and
(B) investigated, sanctioned or pursued legal action against the applicant.
(2) In reviewing an application, if a competitor to an applicant is or has been a regulatory relief sandbox program participant, the regulatory relief office and each applicable agency shall weigh such competitor's participation as a factor in favor of allowing the applicant to also become a sandbox participant.
(i) In reviewing an application under this section, the regulatory relief office shall consider if:
(1) The applicant's plan will adequately protect consumers from potential harm identified by an applicable agency in the written report;
(2) the risk of harm to consumers is outweighed by the potential benefits to consumers from the applicant's participation in the general regulatory sandbox program; and
(3) certain rules and regulations that regulate an offering should not be waived or suspended even if the applicant is approved as a sandbox participant, including applicable anti-fraud or disclosure provisions.
(j) An applicant becomes a sandbox participant if the regulatory relief office approves the application and enters into a written agreement with the applicant describing the specific rules and regulations that are waived or suspended as part of participation in the general regulatory sandbox program.
(1) The regulatory relief office shall not enter into a written agreement with an applicant that waives or suspends a tax, fee or charge that is administered under the provisions of chapter 79 of the Kansas Statutes Annotated, and amendments thereto.
(2) The director may deny any application submitted under this section for any reason, including if the director determines that suspending or waiving enforcement of rule and regulation would cause a significant risk of harm to consumers or residents of the state.
(3) (A) If the director denies an application, the regulatory relief office shall provide to the applicant a written description of the reasons for not allowing the applicant to be a sandbox participant.
(B) The denial of an application submitted under this section shall not be subject to the administrative procedure act or the Kansas judicial review act.
(C) The director shall deny an application for participation in the general regulatory sandbox program described by this section if the applicant or any person who seeks to participate with the applicant, in demonstrating that an offering has been convicted, entered a plea of nolo contendere for any crime involving significant theft, fraud or dishonesty if the crime bears a significant relationship to the applicant's or other participant's ability to safely and competently participate in the general regulatory sandbox program.
(4) When an applicant is approved for participation in the general regulatory sandbox program, the director shall provide notice of the approval to competitors of the applicant and to the public. Such notice shall be provided prominently on the website of the attorney general and the website or webpage of the regulatory relief division, if the regulatory relief division has a website or webpage.
History: L. 2025, ch. 107, § 3; July 1.
(a) If the regulatory relief office approves an application under K.S.A. 2025 Supp. 75-788 through 75-790, and amendments thereto, the sandbox participant shall have 24 months after the date when the application was approved to demonstrate the offering described in the application.
(b) An offering that is demonstrated within the general regulatory sandbox program is subject to the following limitations:
(1) Each consumer shall be a resident of Kansas; and
(2) no rule and regulation shall be waived or suspended if such waiver or suspension would prevent a consumer from seeking restitution in the event that the consumer is harmed.
(c) (1) A sandbox participant who holds a certification or registration in another jurisdiction shall not be restricted from acting in accordance with that authorization.
(2) A sandbox participant is deemed to possess an appropriate certification or registration under the laws of the state for the purposes of any provision of federal law requiring licensure or other authorization by the state.
(3) Except as provided in paragraph (5), during the demonstration period, a sandbox participant shall not be subject to the enforcement of rules and regulations identified in the written agreement between the regulatory relief office and the sandbox participant described in K.S.A. 2025 Supp. 75-790(j), and amendments thereto;
(4) (A) A prosecutor shall not file or pursue charges pertaining to a rule and regulation identified in the written agreement between the regulatory relief office and the sandbox participant described in K.S.A. 2025 Supp. 75-790(j), and amendments thereto, for any act or ommision that occurs during the demonstration period; and
(B) an agency shall not file or pursue any punitive action against a sandbox participant, including a fine or suspension or revocation of a certification or registration, for the violation of a rule and regulation that:
(i) Is identified as being waived or suspended in the written agreement between the regulatory relief office and the sandbox participant described in K.S.A. 2025 Supp. 75-790(j), and amendments thereto; and
(ii) occurs during the demonstration period.
(5) Except as provided by paragraph (4)(A), a sandbox participant shall not have immunity related to any criminal offense committed during the sandbox participant's participation in the general regulatory sandbox program.
(6) By written notice, the regulatory relief office may end a sandbox participant's participation in the general regulatory sandbox program at any time and for any reason, including if the director determines that a sandbox participant is not operating in good faith to bring an innovative offering to market.
(7) The regulatory relief office and the regulatory relief office's employees shall be not held liable for any business losses or the recouping of application expenses or other expenses related to the general regulatory sandbox program, including for:
(A) Denying an applicant's application to participate in the general regulatory sandbox program; or
(B) ending a sandbox participant's participation in the general regulatory sandbox program at any time for any reason.
History: L. 2025, ch. 107, § 4; July 1.
(a) Before demonstrating an offering to a consumer, a sandbox participant shall disclose to the consumer:
(1) The name and contact information of the sandbox participant;
(2) that the offering is authorized pursuant to the general regulatory sandbox program and, if applicable, that the sandbox participant does not have a certification or registration to provide an offering under state laws that regulate offerings outside of the general regulatory sandbox program;
(3) that the offering is undergoing testing and may not function as intended and may expose the consumer to certain risks as identified by the applicable agency's written report;
(4) that the provider of the offering is not immune from civil liability for any losses or damages caused by the offering;
(5) that the provider of the offering is not immune from criminal prosecution for violations of state law or rules and regulations that are not suspended or waived as allowed by the general regulatory sandbox program;
(6) that the offering is a temporary demonstration that may be discontinued at the end of the demonstration period;
(7) the expected end date of the demonstration period; and
(8) that a consumer may contact the regulatory relief office and file a complaint regarding the offering being demonstrated and provide the regulatory relief office's telephone number and website address where a complaint may be filed.
(b) The disclosures required by subsection (a) shall be provided to a consumer in a clear and conspicuous form, and for an offering on a website or application, a consumer shall acknowledge receipt of the disclosure before any transaction may be completed.
(c) The regulatory relief office may require that a sandbox participant make additional disclosures to a consumer.
History: L. 2025, ch. 107, § 5; July 1.
(a) At least 30 days before the end of the 24-month general regulatory sandbox program demonstration period, a sandbox participant shall:
(1) Notify the regulatory relief office that the sandbox participant will leave the general regulatory sandbox program and discontinue the sandbox participant's demonstration after the day on which the 24-month demonstration period ends; or
(2) seek an extension pursuant to subsection (d).
(b) If the regulatory relief office does not receive notification pursuant to subsection (a), the general regulatory sandbox program demonstration period shall end at the end of the 24-month testing period.
(c) If a demonstration includes an offering that requires ongoing duties, the sandbox participant may continue to do so but shall be subject to enforcement of the rules and regulations that were waived or suspended as part of the general regulatory sandbox program.
(d) Not later than 30 days before the end of the 24-month general regulatory sandbox program demonstration period, a sandbox participant may request an extension of the general regulatory sandbox program demonstration period.
(1) The regulatory relief office shall grant or deny a request for an extension in accordance with subsection (a) by the end of the 24-month general regulatory sandbox program testing period.
(2) The regulatory relief office may grant an extension in accordance with this section for not more than 12 months after the end of the general regulatory sandbox program demonstration period.
History: L. 2025, ch. 107, § 6; July 1.
(a) A sandbox participant shall retain records, documents and data produced in the ordinary course of business regarding an offering demonstrated in the general regulatory sandbox program.
(1) If a sandbox participant ceases to provide an offering before the end of a demonstration period, the sandbox participant shall notify the regulatory relief office and each applicable agency and report on actions taken by the sandbox participant to ensure consumers have not been harmed as a result.
(2) The regulatory relief office shall establish quarterly reporting requirements for a sandbox participant, including information about any consumer complaints.
(3) The regulatory relief office may request records, documents and data from a sandbox participant, and upon the regulatory relief office's request, the sandbox participant shall make such records, documents and data available for inspection by the regulatory relief office.
(b) (1) Within three business days, the sandbox participant shall notify the regulatory relief office, each applicable agency and the joint committee on administrative rules and regulations of the existence of any incidents that result in harm to the health, safety or financial well-being of a consumer. Within seven business days, the sandbox participant shall provide the details surrounding any such incident to the regulatory relief office, each applicable agency and the joint committee on administrative rules and regulations.
(2) If a sandbox participant fails to notify the regulatory relief office and each applicable agency of any incidents as described in this subsection or the regulatory relief office or an applicable agency has evidence that significant harm to a consumer has occurred, the regulatory relief office may immediately remove the sandbox participant from the general regulatory sandbox program.
(c) Not later than 30 days after the date when a sandbox participant leaves the general regulatory sandbox program, the sandbox participant shall submit an exit report to the regulatory relief office, each applicable agency and the joint committee on administrative rules and regulations describing an overview of the sandbox participant's demonstration, including any:
(1) Incidents of harm to consumers;
(2) legal action filed against the participant as a result of the participant's demonstration; and
(3) complaints filed with an applicable agency as a result of the participant's demonstration.
(d) Not later than 30 days after the date when an applicable agency receives the quarterly reporting described in subsection (g) or an exit report from a sandbox participant as described in subsection (c), the applicable agency shall provide a written report to the regulatory relief office and the joint committee on administrative rules and regulations on the demonstration that describes any statutory or regulatory reform that the applicable agency recommends as a result of the demonstration.
(e) The regulatory relief office may remove a sandbox participant from the general regulatory sandbox program at any time if the regulatory relief office determines that a sandbox participant has engaged in, is engaging in, or is about to engage in any practice or transaction that is in violation of K.S.A. 2025 Supp. 75-788 through 75-794, and amendments thereto, or constitutes a violation of a law or rule and regulation for which suspension or waiver has not been granted.
(f) The regulatory relief office shall create and maintain a website that invites residents and businesses in the state to make suggestions regarding laws and rules and regulations that could be modified or eliminated to reduce the regulatory burden of residents and businesses in the state.
(g) (1) On at least a quarterly basis, the regulatory relief office shall compile the results of suggestions from the website and provide a report to the governor, the senate standing committee on commerce, the house standing committee on commerce, labor and economic development and the joint committee on administrative rules and regulations or their successor committees.
(2) In creating such report, the regulatory relief office:
(A) Shall ensure that private information of residents and businesses that make suggestions on the website is not made public; and
(B) may evaluate the suggestions and provide analysis and suggestions regarding which state laws and rules and regulations could be modified or eliminated to reduce the regulatory burden on residents and businesses in the state while still protecting consumers.
History: L. 2025, ch. 107, § 7; July 1.
History: L. 1951, ch. 459, § 1; L. 1963, ch. 417, § 1; Repealed, L. 1972, ch. 306, § 4; April 1.
History: L. 1951, ch. 459, § 2; L. 1955, ch. 362, § 2; L. 1963, ch. 417, § 2; Repealed, L. 1972, ch. 306, § 4; April 1.
History: L. 1951, ch. 459, §§ 3, 4; L. 1963, ch. 417, §§ 3, 4; Repealed, L. 1972, ch. 306, § 4; April 1.
History: L. 1951, ch. 459, § 5; Repealed, L. 1963, ch. 417, § 10; April 13.
History: L. 1951, ch. 459, §§ 6, 7; L. 1955, ch. 362, §§ 3, 4; L. 1963, ch. 417, §§ 5, 6; Repealed, L. 1972, ch. 306, § 4; April 1.
History: L. 1951, ch. 459, § 8; Repealed, L. 1972, ch. 306, § 4; April 1.
History: L. 1951, ch. 459, § 9; L. 1963, ch. 417, § 7; Repealed, L. 1972, ch. 306, § 4; April 1.
History: L. 1951, ch. 459, § 10; Repealed, L. 1972, ch. 306, § 4; April 1.
History: L. 1951, ch. 459, § 11; L. 1963, ch. 417, § 8; Repealed, L. 1972, ch. 306, § 4; April 1.
History: L. 1951, ch. 459, § 12; Repealed, L. 1963, ch. 417, § 10; April 13.
History: L. 1963, ch. 417, § 9; Repealed, L. 1972, ch. 306, § 4; April 1.
As used in this act:
(a) "Applicant" means a person who has submitted an application for licensure as a private detective or private detective agency pursuant to this act, a person who has submitted an application for a firearm permit pursuant to this act or a person who has submitted an application to become certified to train private detectives in the handling of firearms and the lawful use of force.
(b) "Detective business" means the furnishing of, making of or agreeing to make any investigation for the purpose of obtaining information with reference to:
(1) Crime or wrongs done or threatened against the United States or any state or territory of the United States, or any political subdivision thereof when furnished or made by persons other than law enforcement officers;
(2) the identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation or character of any person;
(3) the location, disposition or recovery of lost or stolen property;
(4) the cause or responsibility for fires, libels, losses, frauds, accidents or damage or injury to persons or to property; or
(5) securing evidence to be used before any court, board, officer or investigating committee.
(c) "Private detective" means any person who, for any consideration whatsoever, engages in detective business.
(d) "Private detective agency" means a person who regularly employs any other person, other than an organization, to engage in detective business.
(e) "Private patrol operator" means a person who, for any consideration whatsoever, agrees to furnish or furnishes a watchman, guard, patrolman or other person to protect persons or property or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind, or performs the service of such watchman, guard, patrolman or other person for any such purposes.
(f) "Law enforcement officer" means a law enforcement officer as defined in K.S.A. 21-5111, and amendments thereto.
(g) "Organization" means a corporation, trust, estate, partnership, cooperative or association.
(h) "Person" means an individual or organization.
(i) "Firearm permit" means a permit for the limited authority to carry a firearm concealed on or about the person by one licensed as a private detective.
(j) "Firearm" means:
(1) A pistol or revolver that is designed to be fired by the use of a single hand and that is designed to fire or capable of firing fixed cartridge ammunition; or
(2) any other weapon that will or is designed to expel a projectile by the action of an explosive and that is designed to be fired by the use of a single hand.
(k) "Client" means any person who engages the services of a private detective.
(l) "Dishonesty or fraud" means, in addition to other acts not specifically enumerated herein:
(1) Knowingly making a false statement relating to evidence or information obtained in the course of employment, or knowingly publishing a slander or a libel in the course of business;
(2) using illegal means in the collection or attempted collection of a debt or obligation;
(3) manufacturing or producing any false evidence; and
(4) acceptance of employment adverse to a client or former client relating to a matter with respect to which the licensee has obtained confidential information by reason of or in the course of the licensee's employment by such client or former client.
History: L. 1972, ch. 315, § 1; L. 1981, ch. 326, § 1; L. 1998, ch. 183, § 1; L. 2011, ch. 30, § 264; L. 2024, ch. 15, § 87; L. 2025, ch. 98, § 6; May 1.
Unless expressly exempted from the provisions of this act:
(a) It shall be unlawful for any person to engage in detective business in this state unless such person is licensed as a private detective under this act.
(b) It shall be unlawful for any person to engage in business in this state as a private detective agency unless such person is licensed therefor.
(c) No law enforcement officer or any person who holds a special commission from any law enforcement agency of the federal government or of the state or any political subdivision thereof may be licensed as a private detective or private detective agency.
History: L. 1972, ch. 315, § 2; L. 1981, ch. 326, § 2; July 1.
The following persons shall not be deemed to be engaging in detective business:
(a) A person employed exclusively and regularly by one employer in connection only with the internal affairs or investigations of such employer and where there exists an employer-employee relationship;
(b) any officer or employee of the United States, or of this state or a political subdivision thereof while engaged in the performance of the officer's or employee's official duties;
(c) a person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons except that this exemption does not include a person preparing an investigative consumer report as defined by K.S.A. 50-702, and amendments thereto;
(d) a charitable philanthropic society or association duly incorporated under the laws of this state which is organized and maintained for the public good and not for private profit;
(e) an attorney performing duties as an attorney or a person employed exclusively and regularly by an attorney or law firm performing duties exclusively on behalf of the attorney or law firm;
(f) a licensed collection agency or an employee thereof while acting within the scope of employment, while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or a debtor's property where the contract with an assignor creditor is for the collection of claims owed or due or asserted to be owed or due or the equivalent thereof;
(g) admitted insurers, agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them;
(h) the legal owner of personal property which has been sold under a conditional sales agreement or a mortgagee under the terms of a chattel mortgage in connection with the recovery of such personal property;
(i) any bank subject to the jurisdiction of the state bank commissioner of the state of Kansas or the comptroller of currency of the United States;
(j) a person engaged solely in the business of securing information about persons or property from public records;
(k) an insurance adjuster which, for the purpose of this act, means any person who, for any consideration whatsoever, adjusts or otherwise participates in the disposal of any claim under or in connection with a policy of insurance or engages in soliciting insurance adjustment business;
(l) a private patrol operator while actually engaged in providing private patrol services on the property to which private patrol services are being provided; or
(m) a person engaged in market research.
History: L. 1972, ch. 315, § 3; L. 1981, ch. 326, § 3; L. 1998, ch. 183, § 2; July 1.
(a) Every person desiring to be licensed in Kansas as a private detective or private detective agency shall make application therefor to the attorney general. An application for a license under this act shall be on a form prescribed by the attorney general and accompanied by the required application fee. An application shall be verified and shall include:
(1) The full name and business address of the applicant;
(2) the name under which the applicant intends to do business;
(3) a statement as to the general nature of the business in which the applicant intends to engage;
(4) a statement as to the classification or classifications under which the applicant desires to be qualified;
(5) if the applicant is an organization, the full name and residence address of each of its partners, officers, directors or associates;
(6) two photographs of the applicant taken within 30 days before the date of application, of a type prescribed by the attorney general, and two classifiable sets of the applicant's fingerprints one of which shall be submitted to the Kansas bureau of investigation for a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto;
(7) a statement of the applicant's employment history; and
(8) such other information, evidence, statements or documents as may be required by the attorney general.
(b) The application shall be accompanied by a certificate of reference signed by five or more reputable persons who have known the applicant for a period of at least 5 years. The certificate of reference shall be verified and acknowledged by such persons before an officer authorized to take oaths and acknowledgment of deeds.
Each person signing the certificate of reference shall subscribe and affirm as true, under the penalties of perjury, that:
(1) The person has known the applicant personally for a period of at least five years prior to the filing of the application. The attorney general may lessen such period if the applicant has been discharged honorably from the military service of the United States within the six-year period immediately preceding the date the application is submitted;
(2) the person has read such application and believes each of the statements made therein to be true;
(3) the applicant is honest, of good character and competent and not related or connected by blood or marriage to such person.
(c) Before an application for a license may be granted, the applicant or, if the applicant is an organization, all of the officers, directors, partners or associates shall:
(1) Be at least 21 years of age;
(2) be a citizen of the United States;
(3) be of good moral character; and
(4) comply with such other qualifications as the attorney general adopts by rules and regulations.
(d) In accordance with the summary proceedings provisions of the Kansas administrative procedure act, the attorney general may deny a license if the applicant has:
(1) Committed any act which, if committed by a licensee, would be grounds for the suspension or revocation of a license under this act;
(2) committed any act constituting dishonesty or fraud;
(3) a bad moral character or a bad reputation for truth, honesty, and integrity;
(4) been convicted of a felony or, within 10 years immediately prior to the date of application, been convicted of any crime involving moral turpitude, dishonesty, vehicular homicide, assault, battery, assault of a law enforcement officer, misdemeanor battery against a law enforcement officer, criminal restraint, sexual battery, endangering a child, intimidation of a witness or victim or illegally using, carrying, or possessing a dangerous weapon;
(5) been refused a license under this act or had a license suspended or revoked in this state or in any other jurisdiction or had a license censured, limited or conditioned two or more times in this state or in any other jurisdiction;
(6) been an officer, director, partner or associate of any person who has been refused a license under this act or whose license has been suspended or revoked in this state or in any other jurisdiction or had a license censured, limited or conditioned two or more times in this state or in any other jurisdiction;
(7) while unlicensed, committed or aided and abetted the commission of any act for which a license is required by this act; or
(8) knowingly made any false statement in the application.
(e) The attorney general may charge a fee for initial application forms and materials in an amount fixed by the attorney general pursuant to K.S.A. 75-7b22, and amendments thereto. Such fee shall be credited against the application fee of any person who subsequently submits an application.
History: L. 1972, ch. 315, § 4; L. 1981, ch. 326, § 4; L. 1988, ch. 356, § 296; L. 1998, ch. 183, § 3; L. 2024, ch. 15, § 88; July 1.
(a) Every application for an initial or a renewal license shall be accompanied by a fee in an amount fixed by the attorney general pursuant to K.S.A. 75-7b22, and amendments thereto.
(b) In addition to the application fee imposed pursuant to subsection (a), if the applicant is an organization and any of its officers, directors, partners or associates intends to engage in the business of such organization as a private detective, such officer, director, partner or associate shall make a separate application for a license and pay a fee in an amount fixed by the attorney general pursuant to K.S.A. 75-7b22, and amendments thereto.
History: L. 1972, ch. 315, § 5; L. 1981, ch. 326, § 6; L. 1998, ch. 183, § 4; L. 2004, ch. 139, § 1; July 1.
(a) The license, when issued, shall be in such form as may be determined by the attorney general and shall include the:
(1) Name of the licensee;
(2) name under which the licensee is to operate; and
(3) number and date of the license.
(b) The license at all times shall be posted in a conspicuous place in the principal place of business of the licensee. Upon the issuance of a license, a pocket card of such size, design and content as determined by the attorney general shall be issued without charge to each licensee or, if the licensee is an organization, to each of its officers, directors, partners or associates. Such card shall be evidence that the licensee is duly licensed pursuant to this act. When any licensee terminates such licensee's activities as a private detective, or such licensee's license has been suspended or revoked, the card shall be surrendered, within five days after such termination, suspension or revocation, to the attorney general for cancellation. Within 30 days after any change of address or of any change in its officers, directors, partners or associates, a licensee shall notify the attorney general thereof. The principal place of business may be at a residence or at a business address, but it shall be the place at which the licensee maintains a permanent office.
(c) Applications, on forms prescribed by the attorney general, shall be submitted by all new officers or partners. The attorney general may suspend or revoke a license issued under this act if the attorney general determines that, at the time such person became an officer or partner of a licensee, such person did not meet the requirements of K.S.A. 75-7b04, and amendments thereto.
History: L. 1972, ch. 315, § 6; L. 1981, ch. 326, § 7; L. 1998, ch. 183, § 5; July 1.
(a) Except as provided by this section, any license issued under this act shall expire on December 31 of the year of its issuance and may be renewed every two years thereafter. On and after July 1, 2004, any license issued under this act shall expire two years from the date of issuance and may be renewed every two years thereafter. Renewal of any such license shall be made in the manner prescribed for obtaining an original license, including payment of the appropriate fee required by K.S.A. 75-7b05, and amendments thereto, except that:
(1) The signing of the application by five or more citizens as required by K.S.A. 75-7b04, and amendments thereto, shall not be required if such application for renewal is verified and acknowledged by the applicant before an officer authorized to administer oaths;
(2) the application for renewal shall provide the information required of original applicants if the information shown on the original application or any renewal thereof on file with the attorney general is no longer accurate;
(3) a new photograph shall be submitted with the application for renewal only if the photograph on file with the attorney general has been on file more than two years;
(4) the application for renewal shall be accompanied by proof, satisfactory to the attorney general, that the applicant has complied with the continuing education requirement of subsection (b); and
(5) additional information may be required by rules and regulations adopted by the attorney general.
(b) An individual licensee, as a condition of license renewal, shall be required to attend not less than eight hours of continuing education programs approved by the attorney general. The attorney general shall adopt rules and regulations establishing requirements for such programs. In establishing such requirements the attorney general may consider existing programs of continuing education being offered by professional associations of private detectives, private detective agencies or private patrol operators. The attorney general may enter into contracts for the administration of the provisions of this subsection.
(c) A license issued under this act shall not be assignable.
History: L. 1972, ch. 315, § 7; L. 1973, ch. 336, § 1; L. 1977, ch. 289, § 1; L. 1981, ch. 326, § 8; L. 1998, ch. 183, § 6; L. 2004, ch. 139, § 2; July 1.
(a) Any licensee or individual who is an officer, director, partner or associate thereof shall notify the appropriate law enforcement agency with jurisdiction over the matter of any information the licensee or individual may acquire as to any criminal offense. The licensee or individual shall not disclose to any other person, except as the licensee or individual may be required by law so to do, any information acquired by the licensee or individual except at the direction of the employer or client for whom the information was obtained.
(b) No licensee or individual who is an officer, director, partner, associate or employee thereof shall:
(1) Knowingly make any false report to the licensee's or individual's employer or client for whom information was being obtained;
(2) cause any written report to be submitted to a client except by the licensee or a designee of the licensee, and the person submitting the report shall exercise diligence in ascertaining whether or not the facts and information in such report are true and correct;
(3) furnish or perform any services on a contingent or percentage basis, or make or enter into any agreement for furnishing services of any kind or character, by the terms or conditions of which agreement the compensation to be paid for such services to the licensee is partially or wholly contingent, or based upon a percentage of the amount of money or property recovered, or dependent in any way upon the result achieved;
(4) use a badge in connection with the activities of the licensee's business other than a firearm permit badge authorized by this act;
(5) use a title, wear a uniform, use an insignia or an identification card or make any statement with the intent to give an impression that the licensee or individual is connected in any way with the federal government, a state government or any political subdivision of a state government;
(6) use an alias in connection with the activities of the licensee's business;
(7) enter any private building or portion thereof without the consent of the owner or of the person in legal possession thereof;
(8) appear as an assignee party in any proceeding involving claim and delivery, replevin or other possessory action, action to foreclose a chattel mortgage, mechanic's lien, materialman's lien, or any other lien;
(9) permit an unlicensed employee or agent in the employee's or agent's own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner whatever conduct business for which a license is required under this act or conduct business of the licensee other than in the name of and under the control of the licensee; or
(10) manufacture or produce any false evidence.
History: L. 1972, ch. 315, § 8; L. 1998, ch. 183, § 7; July 1.
Each licensee shall maintain a record containing such information relative to his or her employees as may be prescribed by the attorney general. Such licensee shall file with the attorney general the complete address of his or her principal place of business including the name and number of the street, or, if the street where the business is located is not numbered, the number of the post-office box. The attorney general may require the filing of other information for the purpose of identifying such principal place of business.
History: L. 1972, ch. 315, § 9; July 1.
An advertisement by a licensee soliciting or advertising business shall not contain any false, misleading or deceptive information. A licensee shall not advertise or conduct business from any location other than that shown on the records of the attorney general as the licensee's principal place of business unless the licensee has received a branch office certificate for such location after compliance with the provisions of this act and such additional requirements necessary for the protection of the public as the attorney general may prescribe by rules and regulations. A licensee shall notify the attorney general in writing within 10 days after closing or changing the location of a branch office.
History: L. 1972, ch. 315, § 10; L. 1998, ch. 183, § 8; July 1.
(a) Except as provided in subsection (b), no license shall be issued under this act unless the applicant: (1) Files with the attorney general a corporate surety bond executed by a company authorized to do business in this state in an amount of $100,000 or more; (2) files with the attorney general a certificate of insurance showing that the applicant has general liability insurance providing coverage in an amount of $100,000 or more for bodily injury or property damage caused by negligence and errors or omissions; or (3) deposits $100,000 or more in cash with the state treasurer. The bond or return of the deposit shall be conditioned on the faithful and honest conduct of business by the applicant.
(b) No applicant who is or will be employed by a licensee to engage in the business of the licensee shall be required to obtain the bond or certificate of insurance or make the deposit provided for by this section.
(c) The attorney general shall approve each bond filed under this section as to form, execution and sufficiency of the sureties. Such bond shall be taken in the name of the people of this state and may be continuing in nature. The attorney general shall approve any certificate of insurance filed under this section as to form, execution and sufficiency of coverage evidenced thereby.
(d) Any person injured by any unlawful act of an applicant or an applicant's employees or agents, whether licensed or not, may bring an action on the applicant's bond or deposit in such person's own name to recover damages suffered by reason of such unlawful act.
History: L. 1972, ch. 315, § 11; L. 1981, ch. 326, § 9; L. 1998, ch. 183, § 9; July 1.
(a) Every licensee at all times shall maintain on file the surety bond, in full force and effect, or a valid certificate of insurance evidencing sufficient insurance in force or the deposit with the state treasurer, as required by K.S.A. 75-7b11 and amendments thereto. Upon failure to do so, the license of such licensee shall be suspended forthwith and shall not be reinstated until an application therefor, in the form prescribed by the attorney general, is filed together with the bond or certificate of insurance or deposit required by this act.
(b) Bonds executed and filed with the attorney general pursuant to this act shall remain in force and effect until the surety has terminated future liability by 30 days' notice to the attorney general.
History: L. 1972, ch. 315, § 12; L. 1981, ch. 326, § 10; July 1.
(a) The attorney general may censure, limit, condition, suspend or revoke a license issued under this act if, after notice and opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act, the attorney general determines that the licensee or, if the licensee is an organization, any of its officers, directors, partners or associates has:
(1) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement thereof;
(2) violated any provisions of this act;
(3) violated any rules and regulations of the attorney general adopted pursuant to the authority contained in this act;
(4) been convicted of a felony, vehicular homicide, assault, battery, assault of a law enforcement officer, misdemeanor battery against a law enforcement officer, criminal restraint, sexual battery, endangering a child, intimidation of a witness or victim or any crime involving moral turpitude or illegally using, carrying, or possessing a dangerous weapon subsequent to the issuance of the license;
(5) impersonated, or permitted or aided and abetted an employee to impersonate, a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof;
(6) committed or permitted any employee to commit any act, while the license was expired, which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license;
(7) willfully failed or refused to render to a client services or a report as agreed between the parties, and for which compensation has been paid or tendered in accordance with the agreement of the parties;
(8) committed assault, battery or kidnapping or used force or violence on any person without proper justification;
(9) knowingly violated or advised, encouraged or assisted the violation of, any court order or injunction in the course of business as a licensee;
(10) acted as a runner or capper for any attorney;
(11) used any letterhead, advertisement or other printed matter, or in any manner whatever represented that such person is an instrumentality of the federal government, a state or any political subdivision thereof;
(12) used false, misleading or deceptive information in any advertisement, solicitation or contract for business;
(13) has committed any act in the course of the licensee's business constituting dishonesty or fraud;
(14) failed to obtain continuing education as required by this act;
(15) misused a firearm permit badge; or
(16) committed any act which is a ground for denial of an application for a license under this act.
(b) The record of conviction, or a certified copy thereof, shall be conclusive evidence of such conviction as that term is used in this section or in K.S.A. 75-7b04, and amendments thereto, and a plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning thereof.
(c) Upon final disposition of the proceedings for a violation relating to the misuse of a firearm permit badge, the attorney general may bring an action for violation of K.S.A. 21-5917, and amendments thereto.
History: L. 1972, ch. 315, § 13; L. 1984, ch. 313, § 143; L. 1998, ch. 183, § 10; L. 2004, ch. 139, § 3; L. 2011, ch. 30, § 265; July 1.
History: L. 1972, ch. 315, § 14; L. 1984, ch. 313, § 144; Repealed, L. 1998, ch. 183, § 16; July 1.
(a) Each private detective or detective agency operating as provided in this act, shall be required to keep a complete record of the business transactions of such detective or detective agency, and shall retain such records for at least three years.
(b) Upon the service of a subpoena issued by the attorney general or court order of a court of competent jurisdiction which is based on the complaint, supported by oath or affirmation and particularly describing the records and reports, any licensed private detective who is the owner, partner, director, corporate officer or custodian of records of business transactions shall give free and full opportunity to inspect the same and to inspect reports made. Any information obtained by the attorney general shall be kept confidential, except as may be necessary to commence and prosecute any legal proceedings. The subpoenas issued by the attorney general to private detective licensees shall comply with any confidentiality standards or legal limitations imposed by privacy acts, fair credit reporting acts, polygraph acts, judicially-recognized privileged communications and the bill of rights of both the United States and Kansas constitutions.
(c) For the purpose of enforcing the provisions of this act, and in making investigations relating to any violation thereof or to the character, competency and integrity of the applicants or licensees hereunder, and for the purpose of investigating the business, business practices and business methods of any applicant or licensee, the attorney general shall have limited power to subpoena as heretofore defined, and bring before the attorney general any person in this state and require the production of any books, records or papers which the attorney general deems relevant to the inquiry.
(d) The attorney general also may administer an oath to and take the testimony of any person, or cause such person's deposition to be taken.
(e) A subpoena issued under this section shall be governed by the code of civil procedure. Any person duly subpoenaed, who fails to obey such subpoena without reasonable cause or objection or without such cause refuses to be examined or to answer any legal or pertinent question as to the character or qualification of such applicant or licensee or such applicant's or licensee's business, business practices and methods or such violations, upon conviction by a court of competent jurisdiction shall be guilty of a class A nonperson misdemeanor.
(f) The testimony of witnesses in any investigative proceeding shall be under oath, and willful false swearing in any such proceeding shall be perjury.
History: L. 1972, ch. 315, § 15; L. 1998, ch. 183, § 11; July 1.
History: L. 1972, ch. 315, § 16; Repealed, L. 1998, ch. 183, § 16; July 1.
(a) No licensee may carry a firearm concealed on or about the licensee's person unless the licensee obtains a permit therefor, upon application to the attorney general. No permit shall be issued to any licensee unless such licensee:
(1) Demonstrates to the attorney general the need to carry a firearm in order to protect the licensee's life or property or to protect the life or property of a client of licensee and submits such proof as required by the attorney general to establish the necessity for the issuance of a firearm permit; and
(2) (A) within 24 months before the date of submission of the original application for a firearm permit, has successfully completed the law enforcement training requirements of subsection (a) of K.S.A. 74-5607a, and amendments thereto, or, within 12 months before the date of submission of the original application for a firearm permit, has successfully completed the law enforcement training requirements of subsection (b) of K.S.A. 74-5607a, and amendments thereto, and submits such proof as required by the attorney general to show satisfactory completion of such training or (B) within six months before the date of submission of the original application for a firearm permit, has received training in the handling of firearms and the lawful use of force from a trainer certified pursuant to K.S.A. 75-7b21, and amendments thereto, and submits such proof as required by the attorney general to show satisfactory completion of such training.
(b) An application for a firearm permit by a licensee shall be made in the manner and form prescribed by the attorney general and shall be accompanied by a fee in an amount fixed by the attorney general pursuant to K.S.A. 75-7b22, and amendments thereto. Such application shall be made a part of and supplemental to such licensee's application for a license under this act. The application shall contain:
(1) The applicant's name and business and residence addresses;
(2) the make or manufacturer's name, model, serial number, caliber, gauge and any other identifying information concerning the firearm or firearms to be carried by the applicant;
(3) a full set of the applicant's fingerprints;
(4) a color photograph of the applicant taken within 30 days prior to date of application and suitable for identification purposes;
(5) such other information as deemed necessary by the attorney general.
(c) (1) If the attorney general is satisfied that it is necessary for an applicant under this section to carry a firearm, the attorney general shall issue to such licensee a firearm permit identification card, the form of which shall be approved by the attorney general. Such card shall bear the licensee's color photograph, thumb prints and signature and a description of the firearm or firearms to be carried. The licensee shall have such permit in the licensee's possession when carrying a firearm. Identification cards and firearm permits shall be numbered consecutively, and the attorney general shall maintain a current file of all valid firearm permits.
(2) For the purpose of safety and emergency identification, licensees issued a firearm permit under this act to carry a concealed firearm may carry a firearm permit badge. The badge shall be carried in such a manner that at all times when the badge is visible the private detective's firearm permit identification card issued pursuant to paragraph (1) of this subsection also shall be visible. The attorney general shall determine the size, design and other specifications of the badge. The words "licensed private detective" shall be stated clearly on the face of the badge. The cost of the badge shall be borne by the licensee. Whenever any licensee terminates such licensee's activities as a private detective, or such licensee's license has been suspended or revoked, such badge shall be surrendered within five days following such termination, suspension or revocation to the attorney general for cancellation. Every licensee possessing a valid firearm permit badge shall report to the attorney general any loss of the badge within 72 hours of the discovery of the loss.
(d) Any licensee granted a firearm permit shall present the permit identification card and firearm permit badge upon request by a law enforcement officer acting within the officer's jurisdictional authority, or by a private person upon private property if the person owns or has legal control of the private property, to demonstrate the licensee's permit to carry a firearm. Every licensee possessing a valid firearm permit shall report to the attorney general any change of employment status, change of firearm or firearms to be carried, loss of identification card or change of personal or business address. Every licensee who discharges a firearm for any reason other than test firing, firearm training or target practice shall report the discharge to the attorney general within 24 hours, together with a written report giving full particulars and reason for such discharge.
(e) The attorney general shall revoke any firearm permit if the licensee's private detective license has been suspended or revoked. The attorney general may suspend or revoke any firearm permit if the licensee has used a firearm in a manner inconsistent with the lawful use of force or if the licensee can no longer demonstrate a need to carry a firearm, pursuant to subsection (a)(1). An order of suspension or revocation, and hearing thereon, shall be subject to the provisions of the Kansas administrative procedure act. The attorney general shall recall any suspended or revoked firearm permit identification card.
(f) A licensee to whom a firearm permit is granted under this section shall be deemed to have no greater justification in the use of force than a private person as prescribed by the Kansas criminal code. Nothing in this act shall be construed as limiting the civil liability of any such licensee with respect to the use of force.
(g) No firearm permit shall be issued to any:
(1) Organization;
(2) individual who has been declared, by any court of competent jurisdiction, to be incapacitated or mentally ill and has not been restored to capacity or mental health; or
(3) individual who suffers from alcohol or narcotics addiction or dependence.
(h) A firearm permit issued under this act shall expire on December 31 of the year of its issuance, except that on and after July 1, 2004, a firearm permit issued under this act shall expire on the date of expiration of the licensee's private detective license. Renewal of any such firearm permit shall be made in a form and manner prescribed by the attorney general and subject to such conditions as required by rules and regulations adopted by the attorney general. Renewal of a firearm permit shall be based on a demonstrated continuing need to carry a firearm in accordance with subsection (a)(1).
History: L. 1972, ch. 315, § 17; L. 1981, ch. 326, § 11; L. 1988, ch. 356, § 297; L. 1998, ch. 183, § 12; L. 2004, ch. 139, § 4; July 1.
(a) The licensing and regulation of private detectives and private detective agencies shall be under the exclusive jurisdiction and control of the attorney general, as provided by this act, and no city may adopt any ordinance which provides for the licensing or regulation of private detectives or private detective agencies. Any such ordinance which is so adopted, or which has been adopted on or before the effective date of this act, is hereby declared null and void.
(b) The attorney general shall adopt such rules and regulations as may be necessary to carry out the provisions of this act.
History: L. 1972, ch. 315, § 18; July 1.
History: L. 1972, ch. 315, § 19; Repealed, L. 2007, ch. 198, § 11; May 24.
(a) The attorney general shall require as a condition of licensure as a private detective that the applicant or, if the applicant is an organization, any of its officers, directors, partners or associates:
(1) Pass a written examination as evidence of knowledge of detective business; and
(2) submit to an oral interview with the attorney general or the attorney general's designee.
(b) The attorney general shall conduct a complete investigation of the background of each applicant for licensure as a private detective or, if the applicant is an organization, of each of the applicant's officers, directors, partners or associates, to determine whether the applicant is qualified for licensure under K.S.A. 75-7b04 and amendments thereto.
History: L. 1981, ch. 326, § 5; July 1.
(a) The attorney general shall certify persons who are qualified to train private detectives in the handling of firearms and the lawful use of force.
(b) In order to be certified as a trainer under this section, an applicant shall:
(1) Be 21 or more years of age;
(2) have a minimum of one-year supervisory experience with a private detective agency, a private patrol operator, a proprietary investigative or security organization or any federal, United States military, state, county or city law enforcement agency;
(3) be personally qualified to train private detectives in the handling of firearms and the lawful use of force; and
(4) not have been convicted of a felony or, within 10 years immediately prior to the date of application, been convicted of a misdemeanor. If the applicant is not licensed as a private detective, the applicant shall submit two classifiable sets of the applicant's fingerprints one of which shall be submitted to the Kansas bureau of investigation for a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(c) Persons wishing to become certified trainers shall make application to the attorney general on a form prescribed by the attorney general. Applications for a firearm training certificate shall be accompanied by a fee in an amount fixed by the attorney general pursuant to K.S.A. 75-7b22, and amendments thereto. The application shall contain a statement of the plan of operation for the training offered by the applicant and the materials and aids to be used and any other information required by the attorney general.
(d) A certificate shall be granted to a trainer if the attorney general finds that the applicant:
(1) Meets the requirements of subsection (b);
(2) is a person of good character and reputation;
(3) has sufficient knowledge of private detective business, firearms training and the lawful use of force to be a suitable person to train private detectives in the handling of firearms and the lawful use of force;
(4) has supplied all required information to the attorney general; and
(5) has paid the required fee.
(e) The certificate issued pursuant to this section shall expire on December 31 of the year following the year when issued except that, on and after July 1, 2004, a certificate issued pursuant to this section shall expire two years from the date of issuance. A certificate may be renewed on a biennial basis upon application and payment of a fee in an amount fixed by the attorney general pursuant to K.S.A. 75-7b22, and amendments thereto.
History: L. 1981, ch. 326, § 12; L. 1998, ch. 183, § 13; L. 2004, ch. 139, § 5; L. 2024, ch. 15, § 89; July 1.
(a) In each fiscal year, the attorney general shall determine the amount of funds which will be required during the next ensuing fiscal year to properly administer the laws which the attorney general is directed to enforce and administer relating to the licensure and regulation of private detectives and private detective agencies. The attorney general, by the adoption of rules and regulations, shall fix fees in accordance with this section in such reasonable sums as may be necessary for such purposes.
(b) After fixing such fees, the attorney general may charge and collect the fees, in advance for the following purposes, subject to the following limitations:
(c) A duplicate license shall be issued upon the filing of a statement covering the loss of the license and the payment of a fee of $5 for the issuance of a duplicate license. Each duplicate license shall have the word "duplicate" stamped across the face thereof and shall bear the same number as the original.
History: L. 1998, ch. 183, § 14; July 1.
The attorney general shall remit all moneys received from fees or charges imposed pursuant to 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 private detective fee fund, which is hereby created. Moneys in the private detective fee fund shall be used solely for the purpose of administering and implementing K.S.A. 75-7b01 through 75-7b21, and amendments thereto, and any other law relating to the licensure and regulation of private detectives and private detective agencies. 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 attorney general or by a person or persons designated by the attorney general.
History: L. 1998, ch. 183, § 15; L. 2001, ch. 5, § 364; July 1.
K.S.A. 75-7c01 through 75-7c23, and amendments thereto, shall be known and may be cited as the personal and family protection act.
History: L. 2006, ch. 32, § 1; L. 2010, ch. 140, § 1; L. 2015, ch. 16, § 7; July 1.
As used in the personal and family protection act, except as otherwise provided:
(a) "Applicant" means a person who has submitted an application for a license to carry a concealed handgun pursuant to K.S.A. 75-7c03, and amendments thereto.
(b) "Attorney general" means the attorney general of the state of Kansas.
(c) "Handgun" means a "firearm," as defined in K.S.A. 75-7b01, and amendments thereto.
(d) "Athletic event" means athletic instruction, practice or competition held at any location and including any number of athletes.
(e) "Dependent" means a resident of the household of an active duty member of any branch of the armed forces of the United States who depends in whole or in substantial part upon the member for financial support.
(f) "License" means a provisional or standard license issued by the attorney general pursuant to K.S.A. 75-7c03, and amendments thereto.
History: L. 2006, ch. 32, § 2; L. 2010, ch. 140, § 2; L. 2021, ch. 94, § 8; L. 2024, ch. 15, § 90; July 1.
(a) The attorney general shall issue licenses to carry concealed handguns to persons who comply with the application and training requirements of this act and who are not disqualified under K.S.A. 75-7c04, and amendments thereto. Such licenses shall be valid throughout the state for a period of four years from the date of issuance. The availability of licenses to carry concealed handguns under this act shall not be construed to impose a general prohibition on the carrying of handguns without such license, whether carried openly or concealed, or loaded or unloaded.
(b) Except as otherwise provided in subsection (d), the license shall be a separate card, in a form prescribed by the attorney general, that is approximately the size of a Kansas driver's license, shall indicate whether the license is a provisional or standard license and shall bear the licensee's signature, name, address, date of birth and driver's license number or nondriver's identification card number except that the attorney general shall assign a unique number for military applicants or their dependents described in K.S.A. 75-7c05(a)(1)(B), and amendments thereto.
(c) (1) Subject to the provisions of subsection (c)(2), a valid license or permit to carry a concealed firearm issued by another jurisdiction shall be recognized in this state, but only while the holder is not a resident of Kansas.
(2) A valid license or permit that is recognized pursuant to this subsection shall only entitle the lawful holder thereof to carry concealed handguns, as defined by K.S.A. 75-7c02, and amendments thereto, in accordance with the laws of this state while such holder is present in this state. The recognition of a license or permit pursuant to this subsection shall not be construed to impose a general prohibition on the carrying of handguns without such license, whether carried openly or concealed, or loaded or unloaded.
(3) As used in this subsection, the terms "jurisdiction" and "license or permit" shall have the same meanings as provided in K.S.A. 75-7c04, and amendments thereto.
(d) If at any time it becomes impractical for the division of vehicles of the department of revenue to issue physical cards consistent with the requirements of this act and the attorney general determines that the conditions for such impracticality have existed for at least 30 days, the attorney general shall issue an authorization document to each licensee that authorizes the licensee to exercise the rights and privileges to carry a concealed handgun as set forth in this act. Such document shall include the licensee information required under subsection (b) and state that the document is proof that the licensee holds a valid license to carry concealed handguns. All such documents issued during any such period that it is impractical for the division of vehicles of the department of revenue to issue a physical card shall expire 90 days after such conditions have ceased and it is practical for the division of vehicles to resume issuing physical cards.
History: L. 2006, ch. 32, § 3; L. 2006, ch. 210, § 1; L. 2009, ch. 101, § 1; L. 2010, ch. 140, § 3; L. 2011, ch. 30, § 266; L. 2013, ch. 36, § 4; L. 2015, ch. 16, § 8; L. 2021, ch. 94, § 9; July 1.
(a) The attorney general shall not issue a license pursuant to this act if the applicant:
(1) Is not a resident of the county where application for licensure is made or is not a resident of the state;
(2) is prohibited from shipping, transporting, possessing or receiving a firearm or ammunition under 18 U.S.C. § 922(g) or (n), and amendments thereto, or K.S.A. 21-4204, prior to its repeal, or K.S.A. 21-6301(a)(10), (a)(13) or (a)(15) through (a)(18) or K.S.A. 21-6304(a)(1) through (a)(4), and amendments thereto; or
(3) (A) For a provisional license, is less than 18 years of age; or
(B) for a standard license, is less than 21 years of age.
(b) (1) The attorney general shall adopt rules and regulations establishing procedures and standards as authorized by this act for an eight-hour handgun safety and training course required by this section. Such standards shall include:
(A) A requirement that trainees receive training in the safe storage of handguns, actual firing of handguns and instruction in the laws of this state governing the carrying of concealed handguns and the use of deadly force;
(B) general guidelines for courses which are compatible with the industry standard for basic handgun training for civilians;
(C) qualifications of instructors; and
(D) a requirement that the course be:
(i) A handgun course certified or sponsored by the attorney general; or
(ii) a handgun course certified or sponsored by the national rifle association or by a law enforcement agency, college, private or public institution or organization or handgun training school, if the attorney general determines that such course meets or exceeds the standards required by rules and regulations adopted by the attorney general and is taught by instructors certified by the attorney general or by the national rifle association, if the attorney general determines that the requirements for certification of instructors by such association meet or exceed the standards required by rules and regulations adopted by the attorney general.
(2) Any person wanting to be certified by the attorney general as an instructor shall submit to the attorney general an application in the form required by the attorney general and a fee not to exceed $150.
(3) The cost of the handgun safety and training course required by this section shall be paid by the applicant. The following shall constitute satisfactory evidence of satisfactory completion of an approved handgun safety and training course:
(A) Evidence of completion of a course that satisfies the requirements of subsection (b)(1), in the form provided by rules and regulations adopted by the attorney general;
(B) an affidavit from the instructor, school, club, organization or group that conducted or taught such course attesting to the completion of the course by the applicant;
(C) evidence of completion of a course offered in another jurisdiction which is determined by the attorney general to have training requirements that are equal to or greater than those required by this act; or
(D) a determination by the attorney general pursuant to subsection (c).
(c) (1) The attorney general may:
(A) Create a list of concealed carry handgun licenses or permits issued by other jurisdictions that the attorney general finds have training requirements that are equal to or greater than those of this state; and
(B) review each application received pursuant to K.S.A. 75-7c05, and amendments thereto, to determine if the applicant's previous training qualifications were equal to or greater than those of this state.
(2) For the purposes of this subsection:
(A) "Equal to or greater than" means the applicant's prior training meets or exceeds the training established in this section by having required, at a minimum, the applicant to:
(i) Receive instruction on the laws of self-defense; and
(ii) demonstrate training and competency in the safe handling, storage and actual firing of handguns.
(B) "Jurisdiction" means another state or the District of Columbia.
(C) "License or permit" means a concealed carry handgun license or permit from another jurisdiction that has not expired and, except for any residency requirement of the issuing jurisdiction, is currently in good standing.
History: L. 2006, ch. 32, § 4; L. 2006, ch. 210, § 2; L. 2007, ch. 166, § 4; L. 2008, ch. 162, § 3; L. 2009, ch. 101, § 2; L. 2009, ch. 143, § 29; L. 2010, ch. 140, § 4; L. 2011, ch. 30, § 267; L. 2013, ch. 36, § 5; L. 2014, ch. 97, § 15; L. 2015, ch. 16, § 9; L. 2015, ch. 93, § 2; L. 2016, ch. 86, § 3; L. 2021, ch. 94, § 10; L. 2025, ch. 55, § 1; July 1.
(a) The application for a license pursuant to this act shall be completed, under oath, on a form prescribed by the attorney general and shall only include:
(1) (A) Subject to the provisions of subsection (a)(1)(B), the name, address, social security number, Kansas driver's license number or Kansas nondriver's license identification number, place and date of birth, a photocopy of the applicant's driver's license or nondriver's identification card and a photocopy of the applicant's certificate of training course completion; or
(B) in the case of an applicant who presents proof that such person is on active duty with any branch of the armed forces of the United States, or is the dependent of such a person, and who does not possess a Kansas driver's license or Kansas nondriver's license identification, the number of such license or identification shall not be required;
(2) a statement that the applicant is in compliance with criteria contained within K.S.A. 75-7c04, and amendments thereto;
(3) a statement that the applicant has been furnished a copy of this act and is knowledgeable of its provisions;
(4) a conspicuous warning that the application is executed under oath and that a false answer to any question, or the submission of any false document by the applicant, subjects the applicant to criminal prosecution under K.S.A. 21-5903, and amendments thereto; and
(5) a statement that the applicant desires a concealed handgun license as a means of lawful self-defense.
(b) Except as otherwise provided in subsection (j), the applicant shall submit to the sheriff of the county where the applicant resides, during any normal business hours:
(1) A completed application described in subsection (a);
(2) an amount of $32.50 payable to the sheriff of the county where the applicant resides for the purpose of covering the cost of taking fingerprints pursuant to subsection (c);
(3) if applicable, a photocopy of the proof of training required by K.S.A. 75-7c04(b)(1), and amendments thereto; and
(4) a full frontal view photograph of the applicant taken within the preceding 30 days.
(c) (1) Except as otherwise provided in subsection (j), the sheriff, upon receipt of the items listed in subsection (b), shall provide for the full set of fingerprints of the applicant to be taken and forwarded to the attorney general for purposes of a criminal history records check as provided by subsection (d). In addition, the sheriff shall forward the application to the attorney general. Notwithstanding any provision in this section to the contrary, an applicant shall not be required to submit fingerprints for a renewal application under K.S.A. 75-7c08, and amendments thereto.
(2) The sheriff of the applicant's county of residence or the chief law enforcement officer of any law enforcement agency, at the sheriff's or chief law enforcement officer's discretion, may participate in the process by submitting a voluntary report to the attorney general containing readily discoverable information, corroborated through public records, which, when combined with another enumerated factor, establishes that the applicant poses a significantly greater threat to law enforcement or the public at large than the average citizen. Any such voluntary reporting shall be made within 45 days after the date the sheriff receives the application. Any sheriff or chief law enforcement officer submitting a voluntary report shall not incur any civil or criminal liability as the result of the good faith submission of such report.
(3) All funds retained by the sheriff pursuant to the provisions of this section shall be credited to a special fund of the sheriff's office which shall be used solely for the purpose of administering this act.
(d) Each applicant shall be subject to a state and national criminal history records* check, including an inquiry of the national instant criminal background check system, in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(e) Within 90 days after the date of receipt of the items listed in subsection (b), the attorney general shall:
(1) (A) Issue the license and certify the issuance to the department of revenue; and
(B) if it is impractical for the division of vehicles of the department of revenue to issue physical cards consistent with the requirements of this act and the attorney general has determined that the conditions for such impracticality have existed for at least 30 days, the attorney general shall issue an authorization document in accordance with K.S.A. 75-7c03(d), and amendments thereto; or
(2) deny the application based solely on: (A) The report submitted by the sheriff or other chief law enforcement officer under subsection (c)(2) for good cause shown therein; or (B) the ground that the applicant is disqualified under the criteria listed in K.S.A. 75-7c04, and amendments thereto. If the attorney general denies the application, the attorney general shall notify the applicant in writing, stating the ground for denial and informing the applicant the opportunity for a hearing pursuant to the Kansas administrative procedure act.
(f) (1) Any person who holds a provisional license issued pursuant to this act may, on reaching the age of 21 years, submit a request to the attorney general to have a standard license issued to such person. Upon confirmation that such person is at least 21 years of age, the attorney general shall issue a standard license to such person in accordance with this act. The term of such standard license shall be for the remaining unexpired portion of the term of such person's provisional license.
(2) The attorney general shall notify each person holding a provisional license at least 60 days prior to such person's 21st birthday that such person may apply for a standard license to be issued on the person's 21st birthday.
(g) No person who is issued a license or has such license renewed shall be required to pay a fee for the cost of the license or renewal except as otherwise provided in subsection (b) for the purpose of covering the cost of taking fingerprints.
(h) (1) A person who is a retired law enforcement officer, as defined in K.S.A. 21-5111, and amendments thereto, shall be:
(A) Exempt from the required completion of a handgun safety and training course if such person was certified by the Kansas commission on peace officer's standards and training, or similar body from another jurisdiction, not more than eight years prior to submission of the application; and
(B) required to comply with the criminal history records check requirement of this section.
(2) Proof of retirement as a law enforcement officer shall be required and provided to the attorney general in the form of a letter from the agency head, or their designee, of the officer's retiring agency that attests to the officer having retired in good standing from that agency as a law enforcement officer for reasons other than mental instability and that the officer has a nonforfeitable right to benefits under a retirement plan of the agency.
(i) A person who is a corrections officer, a parole officer or a corrections officer employed by the federal bureau of prisons, as defined by K.S.A. 75-5202, and amendments thereto, shall be:
(1) Exempt from the required completion of a handgun safety and training course if such person was issued a certificate of firearms training by the department of corrections or the federal bureau of prisons or similar body not more than one year prior to submission of the application; and
(2) required to comply with the criminal history records check requirement of this section.
(j) A person who presents proof that such person is on active duty with any branch of the armed forces of the United States and is stationed at a United States military installation located outside this state, may submit by mail an application described in subsection (a) and the other materials required by subsection (b) to the sheriff of the county where the applicant resides. Provided the applicant is fingerprinted at a United States military installation, the applicant may submit a full set of fingerprints of such applicant along with the application. Upon receipt of such items, the sheriff shall forward to the attorney general the application.
History: L. 2006, ch. 32, § 5; L. 2006, ch. 210, § 3; L. 2009, ch. 101, § 3; L. 2010, ch. 140, § 5; L. 2011, ch. 30, § 268; L. 2013, ch. 105, § 7; L. 2013, ch. 133, § 27; L. 2015, ch. 16, § 10; L. 2016, ch. 86, § 4; L. 2021, ch. 94, § 11; L. 2023, ch. 62, § 1; L. 2024, ch. 15, § 91; L. 2025, ch. 55, § 2; July 1.
(a) The attorney general shall be the official custodian of all records relating to licenses issued pursuant to the personal and family protection act.
(b) Except as provided by subsections (c) and (d), records relating to persons issued licenses pursuant to this act, persons applying for licenses pursuant to this act or persons who have had a license denied pursuant to this act shall be confidential and shall not be disclosed pursuant to the Kansas open records act. Any disclosure of a record in violation of this subsection is a class A misdemeanor.
(c) Records of a person whose license has been suspended or revoked pursuant to this act shall be subject to public inspection in accordance with the open records act.
(d) The attorney general shall maintain an automated listing of license holders and pertinent information, and such information shall be available at all times to all law enforcement agencies in this state, other states and the District of Columbia when requested for a legitimate law enforcement purpose.
(e) Within 30 days after the changing of a permanent address, or within 30 days after the discovery that a license has been lost or destroyed, the licensee shall notify the attorney general of such change, loss or destruction. The attorney general, upon notice and opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act, may order a licensee to pay a fine of not more than $100, or may suspend the licensee's license for not more than 180 days, for failure to notify the attorney general pursuant to the provisions of this subsection.
(f) In the event that a concealed handgun license is lost or destroyed, the license shall be automatically invalid, and the person to whom the license was issued, upon payment of $15 to the attorney general, may obtain a duplicate, or substitute thereof, upon furnishing a notarized statement to the attorney general that such license has been lost or destroyed.
History: L. 2006, ch. 32, § 6; L. 2006, ch. 210, § 4; L. 2010, ch. 140, § 6; L. 2013, ch. 105, § 8; July 1.
(a) In accordance with the provisions of the Kansas administrative procedure act, the attorney general shall deny a license or the renewal thereof to any applicant who is ineligible for such license under K.S.A. 75-7c04, and amendments thereto, and, except as provided by subsection (b), shall revoke at any time the license of any person who becomes ineligible for such license under K.S.A. 75-7c04, and amendments thereto. Review by the district court in accordance with the Kansas judicial review act shall be, at the option of the party seeking review, in Shawnee county or the county in which the petitioner resides. The revocation shall remain in effect pending any appeal and shall not be stayed by the court.
(b) The license of a person who is charged for an offense or is subject to a proceeding that could render the person ineligible pursuant to K.S.A. 75-7c04(a), and amendments thereto, shall be subject to suspension and shall be reinstated upon final disposition of the charge or outcome of the proceeding as long as the arrest or proceeding does not result in a disqualifying conviction, commitment, finding or order.
(c) The sheriff of the county where a restraining order is issued that would prohibit issuance of a license under K.S.A. 75-7c04(a)(2), and amendments thereto, shall notify the attorney general immediately upon receipt of such order. If the person subject to the restraining order holds a license issued pursuant to this act, the attorney general immediately shall suspend such license upon receipt of notice of the issuance of such order. The attorney general shall adopt rules and regulations establishing procedures which allow for 24-hour notification and suspension of a license under the circumstances described in this subsection. The attorney general shall immediately reinstate the license, if it has not otherwise expired, upon proof of the cancellation of the order.
(d) Upon the suspension or revocation of a license issued pursuant to this act, the licensee shall surrender the physical license card or authorization document issued pursuant to K.S.A. 75-7c03(d), and amendments thereto, to the division of motor vehicles. Upon receipt by the division, such physical license card or authorization document shall be destroyed. Upon the conclusion of such suspension, the attorney general shall issue an authorization document for the license to be reissued for the remaining unexpired portion of the term of such person's license.
(e) (1) If the provisions of paragraph (2) are met, a license issued pursuant to this act shall not be revoked until 90 days after the person issued such license is no longer a resident of this state, if being a nonresident of this state is the only grounds for revocation.
(2) A license issued pursuant to this act shall be considered valid for 90 days after a licensee is no longer a resident of Kansas, provided that:
(A) Prior to the change in residency, the licensee notified the attorney general in writing of the pending change; and
(B) the licensee's new state of residence, or any other state or jurisdiction that such licensee travels to during the 90-day period, would recognize such license as valid.
(f) A person who has been issued a license pursuant to this act and who gave up residency in this state, but has returned to reside in this state shall be eligible to have their license reinstated as valid provided that:
(1) The license has not expired; and
(2) (A) the licensee notified the attorney general in writing of both the residency departure and relocation back to this state; or
(B) if such licensee failed to comply with the notification requirements of this subsection, the penalty provisions of K.S.A. 75-7c06(e), and amendments thereto, have been satisfied.
History: L. 2006, ch. 32, § 7; L. 2006, ch. 210, § 5; L. 2010, ch. 140, § 7; L. 2013, ch. 36, § 7; L. 2025, ch. 55, § 3; July 1.
(a) Not less than 90 days prior to the expiration date of the license, the attorney general shall mail to the licensee a written notice of the expiration and a renewal form prescribed by the attorney general. The licensee shall renew the license on or before the expiration date by filing with the attorney general the renewal form, a notarized affidavit, either in person or by certified mail, stating that the licensee remains qualified pursuant to the criteria specified in K.S.A. 75-7c04, and amendments thereto, and a full frontal view photograph of the applicant taken within the preceding 30 days to the attorney general. The attorney general shall complete a name-based background check, including a search of the national instant criminal background check system database. A renewal application is considered filed on the date the renewal form and affidavit are delivered in person to the attorney general's office or on the date a certified mailing to the attorney general's office containing these items is postmarked.
(b) Upon receipt of a renewal application as specified in subsection (a), a background check in accordance with K.S.A. 75-7c05(d), and amendments thereto, shall be completed. Fingerprints shall not be required for renewal applications. If the licensee is not disqualified as provided by this act, the license shall be renewed upon receipt by the attorney general of the items listed in subsection (a) and the completion of the background check. If the licensee holds a valid provisional license at the time the renewal application is submitted and has not been issued a standard license pursuant to K.S.A. 75-7c05(f), and amendments thereto, then the attorney general shall issue a standard license to the licensee if the licensee is not disqualified as provided by this act.
(c) No license shall be renewed if the renewal application is filed six months or more after the expiration date of the license, and such license shall be deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure but an application for licensure pursuant to K.S.A. 75-7c05, and amendments thereto, shall be submitted, and a background investigation including the submission of fingerprints, shall be conducted pursuant to the provisions of that section.
History: L. 2006, ch. 32, § 8; L. 2006, ch. 210, § 6; L. 2010, ch. 140, § 8; L. 2021, ch. 94, § 12; L. 2023, ch. 62, § 2; L. 2025, ch. 55, § 4; July 1.
The application form for an original license and for a renewal license shall include, in a conspicuous place, the following: "WARNING: A false statement on this application may subject the applicant to prosecution for the crime of perjury (K.S.A. 21-5903, and amendments thereto)."
History: L. 2006, ch. 32, § 9; L. 2011, ch. 30, § 269; July 1.
Subject to the provisions of K.S.A. 75-7c20, and amendments thereto:
(a) The carrying of a concealed handgun shall not be prohibited in any building unless such building is conspicuously posted in accordance with rules and regulations adopted by the attorney general.
(b) Nothing in this act shall be construed to prevent any private employer from restricting or prohibiting by personnel policies persons from carrying a concealed handgun while on the premises of the employer's business or while engaged in the duties of the person's employment by the employer, except that no employer may prohibit possession of a handgun in a private means of conveyance, even if parked on the employer's premises.
(c) (1) Any private entity which provides adequate security measures in a private building and which conspicuously posts signage in accordance with this section prohibiting the carrying of a concealed handgun in such building shall not be liable for any wrongful act or omission relating to actions of persons carrying a concealed handgun concerning acts or omissions regarding such handguns.
(2) Any private entity which does not provide adequate security measures in a private building and which allows the carrying of a concealed handgun shall not be liable for any wrongful act or omission relating to actions of persons carrying a concealed handgun concerning acts or omissions regarding such handguns.
(3) Nothing in this act shall be deemed to increase the liability of any private entity where liability would have existed under the personal and family protection act prior to the effective date of this act.
(d) The governing body or the chief administrative officer, if no governing body exists, of any of the following institutions may permit any employee, who is legally qualified, to carry a concealed handgun in any building of such institution, if the employee meets such institution's own policy requirements regardless of whether such building is conspicuously posted in accordance with the provisions of this section:
(1) A unified school district;
(2) a postsecondary educational institution, as defined in K.S.A. 74-3201b, and amendments thereto;
(3) a state or municipal-owned medical care facility, as defined in K.S.A. 65-425, and amendments thereto;
(4) a state or municipal-owned adult care home, as defined in K.S.A. 39-923, and amendments thereto;
(5) a community mental health center organized pursuant to K.S.A. 19-4001 et seq., and amendments thereto; or
(6) an indigent health care clinic, as defined by K.S.A. 65-7402, and amendments thereto.
(e) No public employer shall restrict or otherwise prohibit by personnel policies any employee, who is legally qualified, from carrying any concealed handgun while engaged in the duties of such employee's employment outside of such employer's place of business, including while in a means of conveyance. Public employers shall not be liable for any wrongful or negligent act of an employee carrying a concealed handgun that is not being carried in the course and scope of such employee's employment, concerning acts or omissions regarding such handguns.
(f) (1) It shall be a violation of this section to carry a concealed handgun in violation of any restriction or prohibition allowed by subsection (a) or (b) if the building is posted in accordance with rules and regulations adopted by the attorney general pursuant to subsection (j). Any person who violates this section shall not be subject to a criminal penalty but may be subject to denial to such premises or removal from such premises.
(2) Notwithstanding the provisions of subsection (a) or (b), it is not a violation of this section for the United States attorney for the district of Kansas, the attorney general, any district attorney or county attorney, any assistant United States attorney if authorized by the United States attorney for the district of Kansas, any assistant attorney general if authorized by the attorney general, or any assistant district attorney or assistant county attorney if authorized by the district attorney or county attorney by whom such assistant is employed, to possess a handgun within any of the buildings described in subsection (a) or (b), subject to any restrictions or prohibitions imposed in any courtroom by the chief judge of the judicial district.
(3) Notwithstanding the provisions of subsection (a) or (b), it is not a violation of this section for a law enforcement officer, as that term is defined in K.S.A. 75-7c22, and amendments thereto, who satisfies the requirements of either K.S.A. 75-7c22(a) or (b), and amendments thereto, to possess a handgun within any of the buildings described in subsection (a) or (b), subject to any restrictions or prohibitions imposed in any courtroom by the chief judge of the judicial district.
(g) The provisions of this section shall not apply to the carrying of a concealed handgun in the state capitol.
(h) For the purposes of this section:
(1) "Adequate security measures" shall have the same meaning as the term is defined in K.S.A. 75-7c20, and amendments thereto;
(2) "building" shall not include any structure, or any area of any structure, designated for the parking of motor vehicles; and
(3) "public employer" means the state and any municipality as those terms are defined in K.S.A. 75-6102, and amendments thereto, except the term "public employer" shall not include school districts.
(i) Nothing in this act shall be construed to authorize the carrying or possession of a handgun where prohibited by federal law.
(j) The attorney general shall adopt rules and regulations prescribing the location, content, size and other characteristics of signs to be posted on a building where carrying a concealed handgun is prohibited pursuant to subsections (a) and (b). Such regulations shall prescribe, at a minimum, that:
(1) The signs be posted at all exterior entrances to the prohibited buildings;
(2) the signs be posted at eye level of adults using the entrance and not more than 12 inches to the right or left of such entrance;
(3) the signs not be obstructed or altered in any way; and
(4) signs which become illegible for any reason be immediately replaced.
History: L. 2006, ch. 32, § 10; L. 2006, ch. 210, § 7; L. 2007, ch. 166, § 5; L. 2009, ch. 92, § 5; L. 2010, ch. 140, § 9; L. 2013, ch. 105, § 9; L. 2014, ch. 134, § 4; L. 2015, ch. 16, § 11; L. 2016, ch. 86, § 5; L. 2017, ch. 93, § 1; July 1.
History: L. 2006, ch. 32, § 11; L. 2006, ch. 210, § 8; L. 2007, ch. 166, § 6; L. 2009, ch. 92, § 6; Repealed, L. 2010, ch. 140, § 18; July 1.
History: L. 2006, ch. 32, § 12; L. 2006, ch. 210, § 9; L. 2010, ch. 140, § 10; Repealed, L. 2014, ch. 97, § 17; July 1.
(a) All moneys received by the attorney general pursuant to this act shall be remitted to the state treasurer who shall deposit the entire amount in the state treasury and credit it to the concealed handgun licensure fund, which is hereby created in the state treasury.
(b) Moneys in the concealed handgun licensure fund shall be used only for: (1) Payment of the expenses of administration of the personal and family protection act; and (2) transfers to the county law enforcement equipment fund and to the forensic laboratory and materials fee fund as provided by subsection (e).
(c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the concealed handgun licensure fund the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th day of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the preceding month, pursuant to K.S.A. 75-4210a, and amendments thereto, that is attributable to moneys in the concealed handgun licensure fund. Such amount of money shall be determined by the pooled money investment board based on: (1) The average daily balance of moneys in the concealed handgun licensure fund for the preceding month; and (2) the net earnings for the pooled money investment portfolio for the preceding month.
(d) All expenditures from the concealed handgun licensure 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 for the purposes set forth in this section.
(e) The attorney general shall certify to the director of accounts and reports on each July 1 and January 1 after moneys are first credited to the concealed handgun licensure fund the amount of moneys in such fund needed to administer this act. On or before the 15th day of each month after moneys are first credited to the concealed handgun licensure fund, the director of accounts and reports shall transfer moneys in the concealed handgun licensure fund as follows: (1) Of the amount in excess of the amount certified by the attorney general, 20% shall be credited to the county law enforcement equipment fund; and (2) the remaining 80% shall be credited to a separate account in the forensic laboratory and materials fee fund cited in K.S.A. 28-176, and amendments thereto, to be used solely to assist city and county law enforcement agencies to obtain prompt laboratory services from the bureau. Moneys credited to the forensic laboratory and materials fee fund as provided by this subsection shall be used to supplement existing appropriations and shall not be used to supplant general fund appropriations to the attorney general.
History: L. 2006, ch. 32, § 13; L. 2010, ch. 140, § 11; July 1.
(a) There is hereby created in the state treasury the county law enforcement equipment fund.
(b) Moneys in the county law enforcement equipment fund shall be used only to fund grants to sheriffs' departments for purchases of law enforcement equipment other than motor vehicles. Such grants shall be administered by the attorney general. Such grants shall be based on applications submitted by sheriffs' departments that demonstrate the need for the equipment for which the grant is sought and substantiate that grant moneys will not be used to supplant existing funding of the recipient sheriff's department.
(c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the county law enforcement equipment fund interest earnings based on: (1) The average daily balance of moneys in the county law enforcement equipment fund for the preceding month; and (2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All expenditures from the county law enforcement 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 attorney general for the purposes set forth in this section.
History: L. 2006, ch. 32, § 14; July 1.
The committee on surety bonds and insurance, within the limitations of appropriations made therefor, shall purchase such liability insurance as it deems necessary for the protection of persons engaged in conducting an approved handgun safety and training course against any liability for injuries or damages arising from the conducting of such course of instruction by such persons.
History: L. 2006, ch. 32, § 15; L. 2010, ch. 140, § 12; July 1.
(a) The attorney general shall adopt such rules and regulations as necessary to administer the provisions of this act.
(b) On or before January 1 of each year, the attorney general shall submit a statistical report to the governor, president of the senate, the senate minority leader, the speaker of the house of representatives and the house minority leader indicating the number of licenses issued, revoked, suspended and denied during the preceding fiscal year and the reasons for the revocations, suspensions and denials.
History: L. 2006, ch. 32, § 16; July 1.
(a) The legislature finds as a matter of public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to carry concealed handguns for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed handguns for self-defense to ensure that no honest, law-abiding person who qualifies under the provisions of this act is subjectively or arbitrarily denied the person's rights. No city, county or other political subdivision of this state shall regulate, restrict or prohibit the carrying of concealed handguns by individuals except as provided in K.S.A. 2025 Supp. 21-6301, 21-6302, 21-6304, 21-6309, 75-7c10 or 75-7c20, and amendments thereto, or K.S.A. 21-4218(f), prior to its repeal. Any existing or future law, ordinance, rule, regulation or resolution enacted by any city, county or other political subdivision of this state that regulates, restricts or prohibits the carrying of concealed handguns by individuals except as provided in K.S.A. 2025 Supp. 21-6301, 21-6302, 21-6304, 21-6309, 75-7c10 or 75-7c20, and amendments thereto, or K.S.A. 21-4218(f), prior to its repeal, shall be null and void.
(b) Prosecution of any person under the personal and family protection act, and amendments thereto, shall be done through the district court.
(c) The legislature does not delegate to the attorney general the authority to regulate or restrict the issuing of licenses provided for in this act, beyond those provisions of this act pertaining to licensing and training. Subjective or arbitrary actions or rules and regulations which encumber the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this act or which create restrictions beyond those specified in this act are in conflict with the intent of this act and are prohibited.
(d) This act shall be liberally construed. This act is supplemental and additional to existing constitutional rights to bear arms and nothing in this act shall impair or diminish such rights.
History: L. 2006, ch. 32, § 17; L. 2007, ch. 166, § 7; L. 2010, ch. 140, § 13; L. 2011, ch. 30, § 270; L. 2013, ch. 105, § 10; L. 2015, ch. 16, § 12; July 1.
If any provision of this act or the application thereof to any person or circumstance 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. To this end the provisions of this act are severable.
History: L. 2006, ch. 32, § 18; July 1.
History: L. 2009, ch. 92, § 4; L. 2010, ch. 140, § 14; L. 2011, ch. 30, § 271; Repealed, L. 2015, ch. 16, § 15; July 1.
(a) The carrying of a concealed handgun shall not be prohibited in any public area of any state or municipal building unless such public area has adequate security measures to ensure that no weapons are permitted to be carried into such public area and the public area is conspicuously posted with either permanent or temporary signage approved by the governing body, or the chief administrative officer, if no governing body exists, in accordance with K.S.A. 75-7c10, and amendments thereto.
(b) The carrying of a concealed handgun shall not be prohibited throughout any state or municipal building in its entirety unless such building has adequate security measures at all public access entrances to ensure that no weapons are permitted to be carried into such building and the building is conspicuously posted in accordance with K.S.A. 75-7c10, and amendments thereto.
(c) No state agency or municipality shall prohibit an employee from carrying a concealed handgun at the employee's work place unless the building has adequate security measures at all public access entrances to ensure that no weapons are permitted to be carried into such building and the building is conspicuously posted in accordance with K.S.A. 75-7c10, and amendments thereto.
(d) (1) It shall not be a violation of the personal and family protection act for a person to carry a concealed handgun into a state or municipal building, or any public area thereof, so long as that person has authority to enter through a restricted access entrance into such building, or public area thereof, that provides adequate security measures at all public access entrances and the building, or public area thereof, is conspicuously posted in accordance with K.S.A. 75-7c10, and amendments thereto.
(2) Any person, who is not an employee of the state or a municipality and is not otherwise authorized to enter a state or municipal building through a restricted access entrance, shall be authorized to enter through a restricted access entrance, provided such person:
(A) Is authorized by the chief law enforcement officer, governing body, or the chief administrative officer, if no governing body exists, to enter such state or municipal building through a restricted access entrance;
(B) is issued an identification card by the chief law enforcement officer, governing body, or the chief administrative officer, if no governing body exists, which includes such person's photograph, name and any other identifying information deemed necessary by the issuing entity, and which states on the identification card that such person is authorized to enter such building through a restricted access entrance; and
(C) executes an affidavit or other notarized statement that such person acknowledges that certain firearms and weapons may be prohibited in such building and that violating any such regulations may result in the revocation of such person's authority to enter such building through a restricted access entrance.
The chief law enforcement officer, governing body, or the chief administrative officer, if no governing body exists, shall develop criteria for approval of individuals subject to this paragraph to enter the state or municipal building through a restricted access entrance. Such criteria may include the requirement that the individual submit to a state and national criminal history records check before issuance and renewal of such authorization and pay a fee to cover the costs of such background checks. An individual who has been issued a concealed carry permit by the state of Kansas shall not be required to submit to another state and national criminal records check before issuance and renewal of such authorization. Notwithstanding any authorization granted under this paragraph, an individual may be subjected to additional security screening measures upon reasonable suspicion or in circumstances where heightened security measures are warranted. Such authorization does not permit the individual to carry a concealed weapon into a public building, which has adequate security measures, as defined by this act, and which is conspicuously posted in accordance with K.S.A. 75-7c10, and amendments thereto.
(e) A state agency or municipality that provides adequate security measures in a state or municipal building and which conspicuously posts signage in accordance with K.S.A. 75-7c10, and amendments thereto, prohibiting the carrying of a concealed handgun in such building shall not be liable for any wrongful act or omission relating to actions of persons carrying a concealed handgun concerning acts or omissions regarding such handguns.
(f) A state agency or municipality that does not provide adequate security measures in a state or municipal building and that allows the carrying of a concealed handgun shall not be liable for any wrongful act or omission relating to actions of persons carrying a concealed handgun concerning acts or omissions regarding such handguns.
(g) Nothing in this act shall limit the ability of a corrections facility, a jail facility or a law enforcement agency to prohibit the carrying of a handgun or other firearm concealed or unconcealed by any person into any secure area of a building located on such premises, except those areas of such building outside of a secure area and readily accessible to the public shall be subject to the provisions of subsection (a).
(h) Nothing in this section shall limit the ability of the chief judge of each judicial district to prohibit the carrying of a concealed handgun by any person into courtrooms or ancillary courtrooms within the district provided the public area has adequate security measures to ensure that no weapons are permitted to be carried into such public area and the public area is conspicuously posted in accordance with K.S.A. 75-7c10, and amendments thereto.
(i) The governing body or the chief administrative officer, if no governing body exists, of a state or municipal building, may exempt the building, or any public area thereof, from this section until July 1, 2017, by adopting a resolution, or drafting a letter, listing the legal description of such building, listing the reasons for such exemption, and including the following statement: "A security plan has been developed for the building being exempted which supplies adequate security to the occupants of the building and merits the prohibition of the carrying of a concealed handgun." A copy of the security plan for the building shall be maintained on file and shall be made available, upon request, to the Kansas attorney general and the law enforcement agency of local jurisdiction. Notice of this exemption, together with the resolution adopted or the letter drafted, shall be sent to the Kansas attorney general and to the law enforcement agency of local jurisdiction. The security plan shall not be subject to disclosure under the Kansas open records act.
(j) The governing body or the chief administrative officer, if no governing body exists, of any postsecondary educational institution, as defined in K.S.A. 74-3201b, and amendments thereto, may exempt any building of such institution, including any buildings located on the grounds of such institution and any buildings leased by such institution, or any public area thereof, from this section until July 1, 2017, by stating the reasons for such exemption and sending notice of such exemption to the Kansas attorney general.
(k) The provisions of this section shall not apply to:
(1) Any building located on the grounds of the Kansas state school for the deaf or the Kansas state school for the blind;
(2) a state or municipal-owned medical care facility, as defined in K.S.A. 65-425, and amendments thereto;
(3) a state or municipal-owned adult care home, as defined in K.S.A. 39-923, and amendments thereto;
(4) a community mental health center organized pursuant to K.S.A. 19-4001 et seq., and amendments thereto;
(5) an indigent health care clinic, as defined by K.S.A. 65-7402, and amendments thereto; or
(6) any building owned or leased by the authority created under the university of Kansas hospital authority act, any building located within the health care district, as defined in the unified government of Wyandotte county and Kansas City, Kansas City-wide master plan, Rosedale master plan and traffic study or similar master plan or comprehensive planning or zoning document approved by the unified government of Wyandotte county and Kansas City, Kansas in effect on January 12, 2017.
(l) Nothing in this section shall be construed to prohibit any law enforcement officer, as defined in K.S.A. 75-7c22, and amendments thereto, who satisfies the requirements of either K.S.A. 75-7c22(a) or (b), and amendments thereto, from carrying a concealed handgun into any state or municipal building, or any public area thereof, in accordance with the provisions of K.S.A. 75-7c22, and amendments thereto, subject to any restrictions or prohibitions imposed in any courtroom by the chief judge of the judicial district.
(m) For purposes of this section:
(1) "Adequate security measures" means the use of electronic equipment and armed personnel at public entrances to detect and restrict the carrying of any weapons into the state or municipal building, or any public area thereof, including, but not limited to, metal detectors, metal detector wands or any other equipment used for similar purposes to ensure that weapons are not permitted to be carried into such building or public area by members of the public. Adequate security measures for storing and securing lawfully carried weapons, including, but not limited to, the use of gun lockers or other similar storage options may be provided at public entrances.
(2) "Authorized personnel" means employees of a state agency or municipality and any person granted authorization pursuant to subsection (d)(2), who are authorized to enter a state or municipal building through a restricted access entrance.
(3) The terms "municipality" and "municipal" are interchangeable and have the same meaning as the term "municipality" is defined in K.S.A. 75-6102, and amendments thereto, but does not include school districts.
(4) "Public area" means any portion of a state or municipal building that is open to and accessible by the public or which is otherwise designated as a public area by the governing body or the chief administrative officer, if no governing body exists, of such building.
(5) "Restricted access entrance" means an entrance that is restricted to the public and requires a key, keycard, code, or similar device to allow entry to authorized personnel.
(6) "State" means the same as the term is defined in K.S.A. 75-6102, and amendments thereto.
(7) (A) "State or municipal building" means a building owned or leased by such public entity. It does not include a building owned by the state or a municipality which is leased by a private entity whether for profit or not-for-profit or a building held in title by the state or a municipality solely for reasons of revenue bond financing.
(B) The term "state and municipal building" shall not include the state capitol.
(8) "Weapon" means a weapon described in K.S.A. 21-6301, and amendments thereto, except the term "weapon" shall not include any cutting instrument that has a sharpened or pointed blade.
(n) This section shall be a part of and supplemental to the personal and family protection act.
History: L. 2013, ch. 105, § 2; L. 2014, ch. 97, § 16; L. 2014, ch. 134, § 5; L. 2015, ch. 16, § 13; L. 2016, ch. 86, § 6; L. 2017, ch. 93, § 2; July 1.
(a) An individual may carry a concealed handgun in the state capitol if such individual is not prohibited from possessing a firearm under either federal or state law, and is either: (A) 21 years of age or older; or (B) possesses a valid provisional license issued pursuant to K.S.A. 75-7c03, and amendments thereto, or a valid license to carry a concealed handgun issued by another jurisdiction that is recognized in this state pursuant to K.S.A. 75-7c03, and amendments thereto.
(b) This section shall be a part of and supplemental to the personal and family protection act.
History: L. 2013, ch. 105, § 3; L. 2015, ch. 16, § 14; L. 2021, ch. 94, § 13; July 1.
(a) (1) An off-duty law enforcement officer may carry a concealed handgun in any building where an on-duty law enforcement officer would be authorized to carry a concealed handgun regardless of whether the requirements of K.S.A. 75-7c10 or 75-7c20, and amendments thereto, for prohibiting the carrying of a concealed handgun in such building have been satisfied, provided:
(A) Such officer is in compliance with the firearms policies of such officer's law enforcement agency; and
(B) such officer possesses identification required by such officer's law enforcement agency and presents such identification when requested by another law enforcement officer or by a person of authority for the building where the carrying of concealed handguns is otherwise prohibited.
(2) No person of authority for a building shall require, request or record personal information of any off-duty law enforcement officer entering such building in accordance with this section, including, but not limited to, such officer's email address, home phone number or home address, nor shall such officer be required to wear any item identifying such officer as a law enforcement officer or as being armed.
(b) A law enforcement officer from another state or a retired law enforcement officer meeting the requirements of the federal law enforcement officers safety act, 18 U.S.C. §§ 926B and 926C, may carry a concealed handgun in any building where an on-duty law enforcement officer would be authorized to carry a concealed handgun regardless of whether the requirements of K.S.A. 75-7c10 or 75-7c20, and amendments thereto, for prohibiting the carrying of a concealed handgun in such building have been satisfied, provided, such officer possesses identification required by the federal law enforcement officers safety act and presents such identification when requested by another law enforcement officer or by a person of authority for the building where the carrying of concealed handguns is otherwise prohibited.
(c) Any law enforcement officer or retired law enforcement officer who is issued a license to carry a concealed handgun under the personal and family protection act shall be subject to the provisions of that act, except that for any such law enforcement officer or retired law enforcement officer who satisfies the requirements of either subsection (a) or (b) the provisions of this section shall control with respect to where a concealed handgun may be carried.
(d) The provisions of this section shall not apply to any building where the possession of firearms is prohibited or restricted by an order of the chief judge of a judicial district, or by federal law or regulation.
(e) The provisions of this section shall not apply to any law enforcement officer or retired law enforcement officer who has been denied a license to carry a concealed handgun pursuant to K.S.A. 75-7c04, and amendments thereto, or whose license to carry a concealed handgun has been suspended or revoked in accordance with the provisions of the personal and family protection act.
(f) As used in this section:
(1) "Law enforcement officer" means:
(A) Any person employed by a law enforcement agency, who is in good standing and is certified under the Kansas law enforcement training act;
(B) a law enforcement officer who has obtained a similar designation in a jurisdiction outside the state of Kansas but within the United States; or
(C) a federal law enforcement officer who as part of such officer's duties is permitted to make arrests and to be armed.
(2) "Person of authority" means any person who is tasked with screening persons entering the building, or who otherwise has the authority to determine whether a person may enter or remain in the building.
(g) This section shall be a part of and supplemental to the personal and family protection act.
History: L. 2014, ch. 134, § 1; L. 2025, ch. 55, § 5; July 1.
(a) No employee of a municipality shall be required to disclose to such person's employer the fact that such employee possesses a valid license to carry a concealed handgun. No employee shall be terminated, demoted, disciplined or otherwise discriminated against due to such employee's refusal to disclose the fact that the employee possesses a valid license to carry a concealed handgun. No municipality shall create or maintain a record of an employee's possession of a valid license to carry a concealed handgun, or that an employee has disclosed the fact that such employee possesses a valid license to carry a concealed handgun. Any such record created and maintained by a municipality on or before June 30, 2014, shall be destroyed by such municipality on or before July 31, 2014.
(b) For purposes of this section, the term "municipality" has the same meaning as that term is defined in K.S.A. 75-6102, and amendments thereto.
(c) This section shall be a part of and supplemental to the personal and family protection act.
History: L. 2014, ch. 97, § 3; July 1.
(a) Provided that the building is conspicuously posted in accordance with rules and regulations adopted by the attorney general as a building where carrying an unconcealed firearm is prohibited, it shall be unlawful to carry an unconcealed firearm into such building.
(b) Nothing in this section shall be construed to prohibit a law enforcement officer, as defined in K.S.A. 22-2202, and amendments thereto, from acting within the scope of such officer's duties.
(c) It shall be a violation of this section to carry an unconcealed firearm if the building is posted in accordance with rules and regulations adopted by the attorney general pursuant to subsection (d). Any person who violates this section shall not be subject to a criminal penalty but may be subject to denial to such premises or removal from such premises.
(d) (1) The attorney general shall adopt rules and regulations prescribing the location, content, size and other characteristics of signs to be posted on a building where carrying an unconcealed firearm is prohibited pursuant to subsection (a). Such regulations shall prescribe, at a minimum, that:
(A) The signs be posted at all exterior entrances to the prohibited buildings;
(B) the signs be posted at eye level of adults using the entrance and not more than 12 inches to the right or left of such entrance;
(C) the signs not be obstructed or altered in any way;
(D) signs which become illegible for any reason be immediately replaced; and
(E) except as provided in paragraph (2), signs shall include the following, which shall be printed in large, conspicuous print: "The open carrying of firearms in this building is prohibited."
(2) Such rules and regulations shall provide that the same signage used to prohibit the carrying of concealed handguns under K.S.A. 75-7c01 et seq., and amendments thereto, may be used to also prohibit the carrying of unconcealed firearms.
History: L. 2014, ch. 97, § 5; July 1.
(a) After July 1, 2007, all orders of involuntary commitment for care and treatment pursuant to K.S.A. 59-2966 or 59-29b66, and amendments thereto, and any orders of termination of discharge shall be immediately forwarded to the Kansas bureau of investigation for entry into the appropriate state and federal databases.
(b) Upon a finding that the mentally ill person is a danger to self or others, the court shall notify the mentally ill person subject to involuntary commitment for care and treatment that it is a violation of the law to possess a firearm. Upon a finding that a proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment, the court shall notify the person that it is a violation of the law to possess a firearm. Upon release, the state hospital shall notify the patient that it is a violation of the law for the patient to possess a firearm and provide information to the patient regarding the restoration procedure.
History: L. 2006, ch. 210, § 11; L. 2007, ch. 166, § 8; L. 2013, ch. 36, § 8; July 1.
On and after July 1, 2007, (a) a person who has been discharged pursuant to K.S.A. 59-2973 or 59-29b73, and amendments thereto, may file a petition in the court where treatment was ordered pursuant to K.S.A. 59-2966 or 59-29b66, and amendments thereto, for the restoration of the ability to legally possess a firearm.
(b) Notice of the filing of such petition shall be served on the petitioner who originally filed the action pursuant to K.S.A. 59-2952, 59-2957, 59-29b52 or 59-29b57, and amendments thereto, or the petitioner's attorney and the county or district attorney as appropriate.
(c) If the court finds the person is no longer likely to cause harm to such person's self or others, the court shall issue a certificate of restoration to the person. Such restoration shall have the effect of restoring the person's ability to legally possess a firearm, and the certification of restoration shall so state.
(d) The certificate of registration issued pursuant to this section shall only apply to the possession of a firearm for the purposes of an alleged violation of subsection (a)(7) of K.S.A. 21-4204, prior to its repeal, or subsection (a)(13) of section K.S.A. 21-6301, and amendments thereto.
History: L. 2006, ch. 210, § 12; L. 2011, ch. 30, § 272; July 1.
(a) An individual who has been adjudicated as a mentally ill person subject to involuntary commitment for care and treatment, or who is prohibited from shipping, transporting, possessing or receiving firearms or ammunition by subsection (d)(4) or (g)(4) of 18 U.S.C. § 922, may petition for relief of disabilities for the purpose of firearm prohibitions imposed under state and federal laws.
(b) A petitioner shall submit such petition to a court of competent jurisdiction within this state.
(c) The court may only consider petitions for relief due to mental health adjudications or commitments that occurred within the state.
(d) The court shall consider the petition for relief, in accordance with the principles of due process. Such petitioner shall submit, and such court shall receive and consider:
(1) The circumstances regarding the firearm disability imposed by federal law;
(2) such petitioner's mental health records;
(3) such petitioner's criminal history records; and
(4) such petitioner's reputation, developed through character witness statements, testimony or other character evidence.
(e) The court shall grant relief only if such court determines there is clear and convincing evidence that:
(1) The petitioner will not be likely to act in a manner dangerous to public safety; and
(2) granting such relief would not be contrary to the public interest.
(f) If the court denies the petition for relief, the petitioner may petition a court of proper jurisdiction for a de novo judicial review of the court's decision to deny such petition.
(g) Documentation of a granted petition shall be submitted to the Kansas bureau of investigation. The Kansas bureau of investigation shall immediately cause such order to be entered into the appropriate state and federal databases.
(h) As used in this section:
(1) "Mentally ill person subject to involuntary commitment for care and treatment" has the same meaning as defined in K.S.A. 59-2946, and amendments thereto.
(2) "Due process" requires that:
(A) The petitioner shall have the opportunity to submit such petitioner's own evidence to the court;
(B) an independent decision maker, other than the individual who gathered the evidence for the court acting on the application, shall review such evidence; and
(C) a record of the proceedings shall be created and maintained for review.
History: L. 2011, ch. 100, § 1; July 1.
(a) There is hereby created in the office of the attorney general a batterer intervention program certification unit.
(b) The books, documents, papers, records or other sources of information obtained and the investigations conducted by the unit shall be confidential as required by state or federal law.
(c) The purpose of the batterer intervention program certification unit is to certify and inspect batterer intervention programs in Kansas. To accomplish this purpose, upon request of the unit, the unit shall have access to all records of reports, investigation documents and written reports of findings related to confirmed cases of domestic violence or exploitation of persons or cases in which there is reasonable suspicion to believe domestic violence has occurred that are received or generated by the Kansas department for children and families, the Kansas department for aging and disability services, the department of health and environment or the Kansas bureau of investigation.
(d) The attorney general shall develop a set of tools, methodologies, requirements and forms for the domestic violence offender assessment required by K.S.A. 21-6604(p), and amendments thereto. The batterer intervention program tools, methodologies, requirements and forms shall be developed in consultation with the agency certified by the centers for disease control and prevention and the department of health and human services as the domestic violence coalition for the state and with local domestic violence victims' services organizations.
(e) The attorney general may appoint a panel to assist the attorney general by making recommendations regarding the:
(1) Content and development of a batterer intervention certification program; and
(2) rules and regulations.
(f) The attorney general may appoint such advisory committees as the attorney general deems necessary to carry out the purposes of the batterer intervention program certification act. Except as provided in K.S.A. 75-3212, and amendments thereto, no member of any such advisory committee shall receive any compensation, subsistence, mileage or other allowance for serving on an advisory committee or attending any meeting thereof.
History: L. 2012, ch. 162, § 1; L. 2018, ch. 71, § 40; L. 2025, ch. 89, § 3; July 1.
(a) No person shall operate or provide services as a batterer intervention program unless such program has been certified as required by this section.
(b) Except as provided in subsection (i), any program desiring to be certified in Kansas as a batterer intervention program shall submit an application thereof to the attorney general. All completed applications for initial, renewal, or reinstatement certification shall be verified and on a form approved by the attorney general. The completed application shall include:
(1) The full name and resident address of the applicant;
(2) the name under which the applicant intends to do business and the business address;
(3) a statement as to the general nature of the business in which the applicant intends to engage;
(4) a statement of the educational and work experience of each individual, including any employee or agent of applicant, who will be directly providing intervention services to clients of a batterer intervention program;
(5) a statement that the applicant has complied with such other qualifications as may be established by the attorney general by rules and regulations;
(6) payment of the application fee; and
(7) such other information, evidence, statements or documents as may be required by the attorney general.
(c) If in evaluating an applicant's application the attorney general finds any deficiency in the applicant's qualifications, the attorney general may require such applicant to fulfill such remedial or other requirements as the attorney general may prescribe.
(d) Certification as a batterer intervention program shall expire on the second anniversary of the date of certification.
(e) Certification as a batterer intervention program may be renewed every two years upon submission of a completed renewal application to the attorney general on or before the expiration date of such certification, payment of the renewal fee and verification of continuing compliance with the requirements of the batterer intervention program certification act and the rules and regulations adopted thereunder by the attorney general.
(f) Any batterer intervention program that fails to secure a renewal certification within the time specified in subsection (e) may request reinstatement of such lapsed certification by submitting to the attorney general a completed application on a form approved by the attorney general, furnishing proof that the applicant is qualified to act as a certified batterer intervention program and satisfying all of the requirements for reinstatement including payment of a reinstatement fee to the attorney general.
(g) The attorney general may issue a temporary permit to act as a certified batterer intervention program for a period not to exceed 180 days to an applicant requesting initial certification if the attorney general determines the applicant qualifies under subsections (b) and (c), except for program requirements regarding agency structure, personnel qualifications, education requirements or training requirements established in rules and regulations, and such deficiencies can be remedied within such time period. The temporary permit shall expire upon the applicant meeting all of the program requirements and the applicant's program being certified as required by this section, or upon the expiration date of the temporary permit, whichever occurs first.
(h) No certification as a batterer intervention program or temporary permit to act as a certified batterer intervention program shall be assignable or transferable.
(i) A batterer intervention program may be exempted from the initial application for certification as a certified batterer intervention program if such program had been previously certified or certified by the attorney general as a batterer intervention program on the day preceding the effective date of the batterer intervention program certification act.
(j) (1) Except as provided further, the program director, program supervisor or program coordinator of any batterer intervention program shall be licensed to practice in Kansas as a licensed psychologist, licensed baccalaureate social worker, licensed master social worker, licensed specialist clinical social worker, licensed marriage and family therapist, licensed clinical marriage and family therapist, licensed addiction counselor, licensed clinical addiction counselor, licensed professional counselor, licensed clinical professional counselor, licensed masters level psychologist or licensed clinical psychotherapist.
(2) Any person not licensed as required in subsection (j)(1) who is a program director, program supervisor or program coordinator immediately prior to January 1, 2013, may continue to be a program director, program supervisor or program coordinator on and after January 1, 2013, if such person remains employed or contracted by the same program, and such program remains a certified batterer intervention program. When such person is no longer employed or contracted by the program in which they were a program director, program supervisor or program coordinator immediately prior to January 1, 2013, such person shall not be a program director, program supervisor or program coordinator for any certified batterer intervention program without meeting the license requirements prescribed in subsection (j)(1).
History: L. 2012, ch. 162, § 2; May 31.
Each applicant, certified batterer intervention program or holder of a temporary permit shall notify the attorney general in writing of:
(a) A change in name or address, both residential and business, within 30 days of the change; or
(b) a conviction of or entering into a diversion agreement in lieu of further criminal proceedings alleging a violation of:
(1) A felony offense in the Kansas Statutes Annotated, and amendments thereto, or similar conviction in another jurisdiction:
(A) Involving dishonesty or false statement;
(B) involving alcohol or a controlled substance; or
(C) designated as a person offense in article 54 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto; or
(2) a misdemeanor offense in the Kansas Statutes Annotated, and amendments thereto, or similar conviction in another jurisdiction or an ordinance of any city of this state, or resolution of any county of this state:
(A) Involving dishonesty or false statement;
(B) involving alcohol or a controlled substance; or
(C) designated as a person offense in article 54 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2012, ch. 162, § 3; May 31.
The fee for an initial application, renewal application or reinstatement application for a batterer intervention program certification shall be $100. The fee for an initial application, renewal application or reinstatement fee for temporary permit shall be $50. The attorney general may increase the amount of fee for an initial application, renewal application or reinstatement application for a batterer intervention program certification by rules and regulations, except that the fee for a batterer intervention program certification shall not exceed $250. The attorney general may increase the amount of fee for an initial application renewal, application or reinstatement application for temporary permit by rules and regulations, except that the fee for a temporary permit shall not exceed $250.
History: L. 2012, ch. 162, § 4; May 31.
(a) The attorney general shall establish by rules and regulations the requirements for a batterer intervention certification program. These requirements may include, but not be limited to:
(1) Standards;
(2) program elements and goals;
(3) the role of the certified batterer intervention program in the community;
(4) technical considerations which may include, but not be limited to, consideration of any combination of:
(A) Expectations of batterers;
(B) group composition;
(C) facilitation;
(D) curriculum;
(E) prohibited and restricted practices;
(F) batterer confidentiality, victim confidentiality and safety checks;
(G) program length;
(H) victim notification;
(I) victim involvement;
(J) public relations;
(K) research;
(L) agency structure; and
(M) personnel policies and procedures;
(5) the assessment of batterer participants and the utilization of the Kansas domestic violence offender assessment;
(6) orientation training and continuing education requirements for program facilitators, program supervisors and program coordinators, and any agent or employee of a certified batterer intervention program who directly provides intervention services to clients of such program; and
(7) any other requirements or conditions as may be required by the attorney general.
(b) Such rules and regulations shall require the following:
(1) The Kansas domestic violence offender assessment shall be completed by: (A) An individual who is licensed to practice in Kansas as a licensed psychologist, licensed baccalaureate social worker, licensed master social worker, licensed specialist clinical social worker, licensed marriage and family therapist, licensed addiction counselor, licensed clinical addiction counselor, licensed clinical marriage and family therapist, licensed professional counselor, licensed clinical professional counselor, licensed masters level psychologist or licensed clinical psychotherapist; or (B) an individual who meets the requirements of subsection (b)(2).
(2) Any person who is not licensed as required in subsection (b)(1)(A) who is completing domestic violence offender assessments as an employee of or volunteer for a batterer intervention program immediately prior to January 1, 2013, may continue to complete such assessments on and after January 1, 2013, if such person remains an employee of or volunteer for the same program, and such program remains a certified batterer intervention program. When such person is no longer an employee of or volunteer for the program in which they were employed or volunteering immediately prior to January 1, 2013, such person shall not be allowed to complete the Kansas domestic violence offender assessment for any certified batterer intervention program without meeting the license requirements prescribed in subsection (b)(1)(A).
History: L. 2012, ch. 162, § 5; May 31.
(a) The attorney general may suspend, limit, condition, deny, revoke or refuse renewal or reinstatement of any certification or permit issued under the batterer intervention program certification act if the attorney general determines that an applicant, a person operating or providing services as a certified batterer intervention program or holder of a temporary permit has:
(1) Made any false statement or given any false information in connection with an application for an initial, renewal or reinstatement of a certification or temporary permit issued under the batterer intervention program certification act;
(2) failed to meet or maintain compliance with program requirements;
(3) been found guilty or convicted of fraud or deceit in connection with services rendered;
(4) been found guilty of negligence or wrongful actions in the performance of services rendered;
(5) allowed the use of the attorney general's domestic violence offender assessment by any person who is not an employee or agent of either a current certified batterer intervention program or a holder of a temporary permit issued under the batterer intervention program certification act;
(6) committed an act of unprofessional conduct as defined by rules and regulations adopted by the attorney general;
(7) been convicted of any offense as defined in K.S.A. 75-7d03, and amendments thereto; or
(8) failed or refused to allow inspection of records pursuant to K.S.A. 75-7d08, and amendments thereto.
(b) (1) For purposes of this section, "conviction" means:
(A) The entry of a plea or verdict of guilty or a conviction following a plea of nolo contendere and without regard to whether the sentence was suspended or probation granted after such conviction;
(B) a forfeiture of bail, bond or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated; or
(C) entering into a diversion agreement in lieu of further criminal proceedings alleging a violation of any offense specified in subsection (b) of K.S.A. 75-7d03, and amendments thereto.
(2) The record of conviction, or a certified copy thereof, shall be conclusive evidence of such conviction.
(c) Proceedings under this section shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under the batterer intervention program certification act shall be in accordance with the Kansas judicial review act.
History: L. 2012, ch. 162, § 6; May 31.
(a) Any applicant, person who operates or provides services as a batterer intervention program or holder of a temporary permit who violates any provision of the batterer intervention program certification act or any rules and regulations adopted thereunder, in addition to any other penalty provided by law, may incur a civil penalty imposed under subsection (b) in an amount not less than $100 nor more than $5,000 for each violation and, in the case of a continuing violation, every day such violation continues may be deemed a separate violation.
(b) No civil penalty shall be imposed pursuant to this section except upon the written order of the attorney general to the applicant, person who operates or provides services as a certified batterer intervention program or holder of a temporary permit who committed the violation. Such order shall state the violation, the penalty to be imposed and the right of the applicant, person who operates or provides services as a certified batterer intervention program or holder of a temporary permit to appeal to the attorney general. Any such applicant, person who operates or provides services as a certified batterer intervention program or holder of a temporary permit, within 20 days after notification, may make written request to the attorney general for a hearing in accordance with the provisions of the Kansas administrative procedure act. The attorney general shall affirm, reverse or modify the order and shall specify the reasons therefor.
(c) Any applicant, person who operates or provides services as a certified batterer intervention program or holder of a temporary permit aggrieved by a final order of the attorney general made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(d) Any civil penalty imposed pursuant to the provisions of this section shall be recovered by the attorney general, remitted to the state treasurer, deposited in the state treasury and credited to the state general fund.
(e) Any action taken pursuant to this section shall be in addition to and not in lieu of any other penalty prescribed by law.
History: L. 2012, ch. 162, § 7; May 31.
(a) Each certified batterer intervention program and each holder of a temporary permit issued pursuant to the batterer intervention program certification act shall keep and maintain for a period of two years each book, document, paper, record or other information pertaining to services rendered as a certified batterer intervention program.
(b) Regardless of the form or media in which such books, documents, paper, record or other source of information is kept, each book, document, paper, record and other source of information concerning the compliance with the requirements established in the batterer intervention program certification act and the rules and regulations adopted thereunder by each certified batterer intervention program or holder of a temporary permit shall be inspected at least once every certification period by the attorney general. The attorney general may order other or additional inspections as deemed necessary by the attorney general. The attorney general shall at all times be given free access to all such books, documents, papers, records or other sources of information concerning the compliance with the requirements established in the batterer intervention program certification act and the rules and regulations adopted thereunder.
(c) Any information or copy thereof obtained by the attorney general pursuant to this section or pursuant to an investigation pursuant to the batterer intervention program certification act shall not be public and shall not be subject to disclosure pursuant to the Kansas open records act, and amendments thereto.
History: L. 2012, ch. 162, § 8; L. 2017, ch. 73, § 3; July 1.
(a) The attorney general may bring an action to restrain or enjoin any violation of the batterer intervention program certification act or any rule and regulation promulgated thereunder. The district courts of this state shall have jurisdiction to restrain violations of the batterer intervention program certification act or the rules and regulations promulgated thereunder. The court may issue such orders, including temporary restraining orders, as the facts may warrant without first requiring proof that an adequate remedy at law does not exist. Any orders issued pursuant to this section shall be issued without bond. Proceedings may be instituted under this section without any criminal proceedings, administrative proceedings or civil penalty proceedings being first initiated.
(b) In any civil action brought by the attorney general pursuant to this section in which a temporary restraining order, preliminary injunction or permanent injunction is sought, it shall be sufficient to show that a violation of the provisions of the batterer intervention program certification act, or the rules and regulations adopted thereunder, has occurred or is imminent. It shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction or permanent injunction not be issued or that the remedy at law is inadequate.
History: L. 2012, ch. 162, § 9; May 31.
Except for a certified batterer intervention program or a holder of a temporary permit authorized under the batterer intervention program certification act, no person shall use any of the tools, methodologies, and forms for the domestic violence offender assessment required by subsection (p) of K.S.A. 21-6604, and amendments thereto, developed by the attorney general pursuant to K.S.A. 75-7d01, and amendments thereto.
History: L. 2012, ch. 162, § 10; May 31.
In accordance with the provisions of the rules and regulations filing act, K.S.A. 77-415 et seq., and amendments thereto, the attorney general shall adopt, amend and revoke rules and regulations governing the administration and enforcement of the batterer intervention program certification act, including, but not limited to:
(a) Criteria for the evaluation, certification and monitoring of any certified batterer intervention program;
(b) any form required to implement the batterer intervention program certification act;
(c) any orientation training and continuing education requirements for staff who will be directly providing intervention services to clients of any certified batterer intervention program;
(d) any fee required under the batterer intervention program certification act;
(e) any report, record or other information which may be required to be kept, and maintained pursuant to the batterer intervention program certification act; and
(f) such other rules and regulations as the attorney general may deem necessary to carry out the provisions of the batterer intervention program certification act.
Rules and regulations required for the administration of the batterer intervention program certification act shall be adopted on or before the first anniversary of the effective date of the batterer intervention program certification act.
History: L. 2012, ch. 162, § 11; May 31.
(a) There is hereby created in the state treasury the Kansas attorney general batterer intervention program certification fund. The attorney general shall remit all amounts received under the batterer intervention program certification 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 attorney general shall remit the entire amount to the state treasurer pursuant to 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 attorney general batterer intervention program certification fund.
(b) Moneys in the Kansas attorney general batterer intervention program certification fund shall be expended only for the purposes of administering the batterer intervention program certification act.
(c) All expenditures from the Kansas attorney general batterer intervention program certification 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 designated by the attorney general.
History: L. 2012, ch. 162, § 12; May 31.
(a) As used in the batterer intervention program certification act, unless the context otherwise requires, the following words and phrases shall have the meanings ascribed to them in this section:
(1) "Agent or employee thereof," in the context of either a certified batterer intervention program or the holder of a temporary permit, means any individual who acts or aids in any manner in directly providing intervention related service to a client of a certified batterer intervention program. The term "agent or employee thereof" shall not include an individual working as an officer for a certified batterer intervention program, or in a clerical, administrative or service capacity for a certified batterer intervention program, provided that such individual does not provide intervention services to clients under such program.
(2) "Attorney general" means the attorney general of the state of Kansas and any authorized agent or designee thereof.
(3) "Certified batterer intervention program" includes any agent or employee thereof.
(4) "Holder of a temporary permit" includes any agent or employee thereof.
(5) "Person" means an individual, partnership, corporation, limited liability company, association, business entity, legal representative, trustee, trustee in bankruptcy or receiver, partnership, joint venture, company, firm, corporation, institution, governmental subdivision, state or federal department or agency or other legal entity.
(b) K.S.A. 75-7d01 through 75-7d13, and amendments thereto, shall be cited as the batterer intervention program certification act.
History: L. 2012, ch. 162, § 13; May 31.
As used in K.S.A. 75-7e01 through 75-7e09 and 50-6,141, and amendments thereto:
(a) "Surety" means a person or commercial surety, other than a defendant in a criminal proceeding, that guarantees the appearance of a defendant in a criminal proceeding, by executing an appearance bond.
(b) "Bail agent" means a person authorized by a surety to execute surety bail bonds on its behalf.
(c) "Bail enforcement agent" means a person not performing the duties of a law enforcement officer who tracks down, captures and surrenders to the custody of a court a fugitive who has violated a surety or bail bond agreement, commonly referred to as a bounty hunter.
(d) "Applicant" means a person who has submitted an application for licesure as a bail enforcement agent pursuant to this act.
History: L. 2016, ch. 85, § 1; L. 2024, ch. 15, § 92; July 1.
(a) Except as provided in subsection (b), it shall be unlawful for any person to engage in the business of a bail enforcement agent in this state unless such person is licensed as a bail enforcement agent under K.S.A. 75-7e01 through 75-7e09 and K.S.A. 50-6,141, and amendments thereto.
(b) The following persons shall not be deemed to be engaging in the bail enforcement business:
(1) A surety, authorized as such in the state of Kansas, who is attempting to enforce a bail bond; or
(2) a bail agent attempting to enforce a bail bond.
History: L. 2016, ch. 85, § 2; July 1.
(a) Every person desiring to be licensed in Kansas as a bail enforcement agent shall make application to the attorney general. An application for a bail enforcement agent license shall be on a form prescribed by the attorney general and accompanied by the required application fee. An application shall be verified under penalty of perjury and shall include:
(1) The full name and business address of the applicant;
(2) two photographs of the applicant taken within 30 days before the date of application, of a type prescribed by the attorney general;
(3) a statement of the applicant's employment history;
(4) a statement of the applicant's criminal history, if any; and
(5) one classifiable set of the applicant's fingerprints.
(b) (1) Fingerprints submitted pursuant to this section shall be released by the attorney general to the Kansas bureau of investigation for the purpose of conducting a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(2) Each applicant shall pay a fee for the criminal history records* check in an amount necessary to reimburse the attorney general for the cost of the criminal history records check. Such fee shall be in an amount fixed by the attorney general pursuant to K.S.A. 75-7e08, and amendments thereto, and shall be in addition to the applicable original or renewal application fee amount fixed by the attorney general pursuant to K.S.A. 75-7e08, and amendments thereto.
(c) In accordance with the Kansas administrative procedure act, the attorney general may deny a license if the applicant has:
(1) Committed any act on or after July 1, 2016, which, if committed by a licensee, would be grounds for the censure, limitation, conditioning, suspension or revocation of a license under K.S.A. 75-7e01 through 75-7e09 and 50-6,141, and amendments thereto;
(2) been convicted of a felony, unless such conviction has been expunged;
(3) in the 10 years immediately preceding the submission of the application, been convicted of an offense classified as a person misdemeanor offense, or a substantially similar offense from another jurisdiction, unless such conviction has been expunged;
(4) while unlicensed, committed or aided and abetted the commission of any act for which a license is required by K.S.A. 75-7e01 through 75-7e09 and 50-6,141, and amendments thereto; or
(5) knowingly made any false statement in the application.
(d) The attorney general may charge a fee for initial application forms and materials in an amount fixed by the attorney general pursuant to K.S.A. 75-7e08, and amendments thereto. Such fee shall be credited against the application fee of any person who subsequently submits an application.
(e) Every application for an initial or a renewal license shall be accompanied by a fee in an amount fixed by the attorney general pursuant to K.S.A. 75-7e08, and amendments thereto.
History: L. 2016, ch. 85, § 3; L. 2024, ch. 15, § 93; July 1.
(a) The license, when issued, shall be in such form as may be determined by the attorney general and shall include the:
(1) Name of the licensee; and
(2) number and date of the license.
(b) The license at all times shall be posted in a conspicuous place in the principal place of business of the licensee. Upon the issuance of a license, a pocket card of such size, design and content as determined by the attorney general shall be issued without charge to each licensee. Such card shall be evidence that the licensee is duly licensed pursuant to K.S.A. 75-7e01 through 75-7e09 and K.S.A. 2025 Supp. 50-6,141, and amendments thereto. When any licensee terminates such licensee's activities as a bail enforcement agent, or such licensee's license has been suspended or revoked, the card shall be surrendered, within five days after such termination, suspension or revocation, to the attorney general for cancellation. Within 30 days after any change of address or of any change in its officers, directors, partners or associates, a licensee shall notify the attorney general thereof. The principal place of business may be at a residence or at a business address, but it shall be the place at which the licensee maintains a permanent office.
History: L. 2016, ch. 85, § 4; July 1.
(a) Any license issued under K.S.A. 75-7e01 through 75-7e09 and K.S.A. 50-6,141, and amendments thereto, shall expire two years from the date of issuance and may be renewed every two years thereafter. Renewal of any such license shall be made in the manner prescribed for obtaining an original license, including payment of the appropriate fee required by K.S.A. 75-7e08, and amendments thereto, except that:
(1) The application for renewal shall provide the information required of original applicants if the information shown on the original application or any renewal thereof on file with the attorney general is no longer accurate;
(2) a new photograph and classifiable set of fingerprints shall be submitted with the application for renewal only if the photograph and fingerprints on file with the attorney general has been on file more than four years; and
(3) additional information may be required by rules and regulations adopted by the attorney general.
(b) A license issued under K.S.A. 75-7e01 through
75-7e09 and K.S.A. 2025 Supp. 50-6,141, and amendments thereto, shall not be assignable.
History: L. 2016, ch. 85, § 5; July 1.
(a) In accordance with the Kansas administrative procedure act, the attorney general may censure, limit, condition, suspend or revoke a license issued under K.S.A. 75-7e01 through 75-7e09 and K.S.A. 2025 Supp. 50-6,141, and amendments thereto, if the attorney general determines that the licensee has:
(1) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement thereof;
(2) violated any provisions of K.S.A.
22-2809a or K.S.A. 75-7e01 through
75-7e09 and K.S.A. 2025 Supp. 50-6,141, and amendments thereto;
(3) been convicted of a felony or any other offense described in K.S.A. 75-7e03, and amendments thereto;
(4) committed any act, while the license was expired, which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license;
(5) committed any act which is grounds for denial of an application for a license;
(6) become subject to a domestic protection order from this or any jurisdiction which complies with 18 U.S.C. § 922(g)(8);
(7) become subject to K.S.A.
59-2945 et seq. or K.S.A.
59-29b45 et seq., and amendments thereto, or a substantially similar proceeding from another jurisdiction; or
(8) become subject to any proceeding which could render the licensee subject to censure, limitation, condition, suspension or revocation of such licensee's license under the provisions of this section.
(b) The record of conviction, or a certified copy thereof, shall be conclusive evidence of such conviction as that term is used in this section or in K.S.A. 75-7e03, and amendments thereto, and a plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning thereof.
History: L. 2016, ch. 85, § 6; July 1.
(a) The licensing and regulation of bail enforcement agents shall be under the exclusive jurisdiction and control of the attorney general, as provided in K.S.A. 75-7e01 through 75-7e09 and K.S.A. 2025 Supp. 50-6,141, and amendments thereto, and no city may adopt any ordinance which provides for the licensing or regulation of bail enforcement agents. Any such ordinance which is so adopted, or which has been adopted on or before July 1, 2015*, is hereby declared null and void.
(b) The attorney general shall adopt such rules and regulations as may be necessary to carry out the provisions of K.S.A. 75-7e01 through
75-7e09 and K.S.A. 2025 Supp. 50-6,141, and amendments thereto.
History: L. 2016, ch. 85, § 7; July 1.
(a) In each fiscal year, the attorney general shall determine the amount of funds which will be required during the next ensuing fiscal year to properly administer the laws which the attorney general is directed to enforce and administer relating to the licensure and regulation of bail enforcement agents. The attorney general, by the adoption of rules and regulations, shall fix fees in accordance with this section in such reasonable sums as may be necessary for such purposes.
(b) After fixing such fees, the attorney general may charge and collect the fees, in advance for the following purposes, subject to the following limitations:
(1) For initial application forms and materials, not to exceed $15;
(2) for application for licensure, not to exceed $200; and
(3) for renewal of license, not to exceed $175.
(c) A duplicate license shall be issued upon the filing of a statement covering the loss of the license and the payment of a fee of $15 for the issuance of a duplicate license. Each duplicate license shall have the word "duplicate" stamped across the face thereof and shall bear the same number as the original.
(d) In addition to the applicable original or renewal application fee amount fixed by the attorney general pursuant to this section, the attorney general may charge and collect a fee from each applicant to conduct a criminal history records check. Such fee shall be in an amount fixed by the attorney general and shall not exceed an amount necessary to reimburse the attorney general for the cost of such criminal history records check.
History: L. 2016, ch. 85, § 8; July 1.
The attorney general shall remit all moneys received from fees or charges imposed pursuant to K.S.A. 75-7e01 through 75-7e09 and K.S.A. 2025 Supp. 50-6,141, 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 bail enforcement agents fee fund, which is hereby created. Moneys in the bail enforcement agents fee fund shall be used solely for the purpose of administering and implementing K.S.A. 75-7e01 through 75-7e09 and K.S.A. 2025 Supp. 50-6,141, and amendments thereto, and any other law relating to the licensure and regulation of bail enforcement agents. 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 attorney general or by a person or persons designated by the attorney general.
History: L. 2016, ch. 85, § 9; July 1.
History: L. 1879, ch. 166, § 78; R.S. 1923, 75-801; Repealed, L. 1945, ch. 282, § 69; July 1.
History: R.S. 1923, 75-802, 75-803; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1879, ch. 166, § 79, 81 to 87; R.S. 1923, 75-804 to 75-811; Repealed, L. 1945, ch. 282, § 69; July 1.
History: L. 1879, ch. 166, § 88; R.S. 1923, 75-812; L. 1943, ch. 269, § 19; Repealed, L. 1945, ch. 282, § 69; July 1.
History: R.S. 1923, 75-901, 75-902; Repealed, L. 1927, ch. 231, § 3; June 1.
History: L. 1879, ch. 166, § 108; R.S. 1923, 75-903; Repealed, L. 1927, ch. 231, § 3; June 1.
History: L. 1903, ch. 406, § 1; R.S. 1923, 75-904; Repealed, L. 1927, ch. 231, § 3; June 1.
History: L. 1879, ch. 166, § 109; R.S. 1923, 75-905; Repealed, L. 1927, ch. 231, § 3; June 1.
History: R.S. 1923, 75-906, 75-907; Repealed, L. 1927, ch. 231, § 3; June 1.
History: L. 1913, ch. 213, § 1; R.S. 1923, 75-908; Repealed, L. 1927, ch. 231, § 3; June 1.
History: L. 1879, ch. 166, § 112; R.S. 1923, 75-909; Repealed, L. 1927, ch. 231, § 3; June 1.
History: R.S. 1923, 75-1001; Repealed, L. 1976, ch. 373, § 15; March 2.
There is hereby established within the department of administration the division of printing, the head of which shall be the director of printing. The director of printing shall be appointed by the secretary of administration and shall be in the unclassified service under the Kansas civil service act. All of the powers, duties and functions of the elected state printer are hereby transferred to and conferred upon the director of printing on the effective date of this act, except as otherwise provided in K.S.A. 75-1001b and in K.S.A. 75-3118.
History: L. 1976, ch. 373, § 2; L. 1978, ch. 332, § 34; July 1.
History: L. 1974, ch. 360, § 1; L. 1976, ch. 373, § 1; Repealed, L. 1978, ch. 333, § 1; July 1.
The function of central duplicating of the division of administrative services of the department of administration is hereby transferred to the division of printing. On the effective date of this act, all amounts in the depreciation fund cash account of the central duplicating revolving fund shall be transferred by the director of accounts and reports to the intragovernmental printing service depreciation reserve fund. All assets and liabilities of the central duplicating revolving fund, except the amount in the depreciation fund cash account, shall on the effective date of this act be transferred to the intragovernmental printing service fund and the central duplicating revolving fund is hereby abolished on the effective date of this act.
History: L. 1976, ch. 373, § 11; March 2.
(a) Except as provided in K.S.A. 75-1001b the director of printing shall be the successor in every way to the powers, duties and functions of the state printer and state printing plant in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed under the authority of the director of printing shall be deemed to have the same force and effect as if performed by the state printer and state printing plant in which such functions were vested prior to the effective date of this act.
(b) Except [as provided] in K.S.A. 75-1001b, whenever the state printer or state printing plant, 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 printing.
(c) 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 act, 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 reorganization 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 existing state agency, or any officer affected.
(d) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1976, ch. 373, § 12; March 2.
On the effective date of this act, officers and employees who were engaged immediately prior to said date in the performance of powers, duties, and functions of the state printing plant or state printer or central duplicating, which becomes a part of the division of printing created by this act, or the powers, duties and functions of which are transferred to the division of printing or director of printing, and who, in the opinion of the secretary of administration are necessary to perform the powers, duties, and functions of the division of printing shall become officers and employees of the division of printing, and shall retain all retirement benefits and all rights of civil service which such officer or employee had before the effective date of this act, 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. 1976, ch. 373, § 13; March 2.
On the effective date of this act, all amounts in the printing depreciation reserve fund shall be transferred by the director of accounts and reports to the intragovernmental printing service depreciation reserve fund. On the effective date of this act, all assets and liabilities of the state printer's operating fund shall be transferred by the director of accounts and reports to the intragovernmental printing service fund.
History: L. 1976, ch. 373, § 14; March 2.
History: L. 1905, ch. 477, § 2; R.S. 1923, 75-1002; L. 1967, ch. 434, § 50; Repealed, L. 1976, ch. 373, § 15; March 2.
History: L. 1905, ch. 477, § 3; R.S. 1923, 75-1003; Repealed, L. 1976, ch. 373, § 15; March 2.
Subject to the supervision of the secretary of administration, the director of printing shall operate and manage the state printing plant.
History: R.S. 1923, 75-1004; L. 1953, ch. 375, § 60; L. 1976, ch. 373, § 3; March 2.
History: L. 1947, ch. 414, § 1; Repealed, L. 1953, ch. 375, § 95; July 1.
There is hereby created in the state treasury, the intragovernmental printing service depreciation reserve fund. Transfers to the intragovernmental printing service depreciation reserve fund shall be made from the intragovernmental printing service fund on a monthly basis, the amounts thereof to be determined by the director of printing as charges for depreciation and obsolescence of state printing plant equipment and programs according to generally accepted accounting principles prescribed by the director of printing with the approval of the director of accounts and reports. All recoveries from the sale of surplus, obsolete or unused equipment, linotype metal or of other expenditures from this fund may be deposited in the intragovernmental printing service depreciation reserve fund. The director of accounts and reports shall transfer each month the amount so determined. No such transfer shall constitute a charge against or decrease in any expenditure limitation then in effect by any expenditure limitation act of the legislature on the intragovernmental printing service fund.
Expenditures from the intragovernmental printing service depreciation reserve fund may be made for equipment and programs needed for the operation of the state printing plant. Expenditures from the intragovernmental printing service fund and the intragovernmental printing service depreciation reserve fund shall be made in accordance with appropriation acts upon vouchers approved by the director of printing. K.S.A. 75-3702g and 75-3702h shall apply to the director of printing and the division of printing.
History: L. 1947, ch. 414, § 7; L. 1953, ch. 375, § 61; L. 1967, ch. 439, § 1; L. 1976, ch. 373, § 4; March 2.
(a) Except as provided by subsection (b), the division of printing shall do all of the public printing and binding required by the legislature, the supreme court, the governor or any state agency. Any state institution where a printing plant is already established may be permitted to do printing for the institution when approved by the director of printing. When the director of printing is of the opinion that a particular printing job should be obtained in the commercial market, such director, unless otherwise instructed by the secretary of administration, may authorize any state agency to so obtain such printing in accordance with laws relating to purchasing.
(b) The secretary of state may obtain printing or binding services as provided by K.S.A. 2025 Supp.
75-449, and amendments thereto, in the commercial market in accordance with laws related to purchasing and procurement by state agencies. The secretary of state shall not be required to obtain the authorization of the director of printing or of the secretary of administration otherwise required for state agencies under subsection (a) to obtain such printing or binding services.
History: L. 1905, ch. 477, § 5; R.S. 1923, 75-1005; L. 1953, ch. 375, § 62; L. 1976, ch. 373, § 5; L. 1986, ch. 316, § 2; L. 2021, ch. 61, § 52; July 1.
History: L. 1905, ch. 477, § 6; R.S. 1923, 75-1006; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1913, ch. 171, § 1; R.S. 1923, 75-1007; L. 1939, ch. 295, § 1; Repealed, L. 1976, ch. 373, § 15; March 2.
History: R.S. 1923, 75-1008; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1905, ch. 477, § 7; R.S. 1923, 75-1009; Repealed, L. 1947, ch. 414, § 9; July 1.
History: L. 1905, ch. 477, § 8; R.S. 1923, 75-1010; Repealed, L. 1976, ch. 373, § 15; March 2.
History: L. 1905, ch. 477, § 9; R.S. 1923, 75-1011; L. 1961, ch. 406, § 1; L. 1968, ch. 7, § 5; Repealed, L. 1969, ch. 249, § 17; January 21.
History: L. 1905, ch. 477, § 10; R.S. 1923, 75-1012; Repealed, L. 1976, ch. 373, § 15; March 2.
History: L. 1905, ch. 477, § 11; R.S. 1923, 75-1013; Repealed, L. 1943, ch. 269, § 28; June 30.
History: L. 1905, ch. 477, § 12; R.S. 1923, 75-1014; Repealed, L. 1947, ch. 414, § 9; July 1.
The director of printing shall examine all invoices for paper, binding material, equipment and supplies and ascertain that they are correct, and in accordance with the contract price for such articles.
History: L. 1905, ch. 477, § 13; R.S. 1923, 75-1015; L. 1947, ch. 414, § 2; L. 1953, ch. 375, § 63; L. 1976, ch. 373, § 6; March 2.
History: L. 1905, ch. 477, § 14; R.S. 1923, 75-1016; Repealed, L. 1953, ch. 375, § 95; July 1.
The compensation to be paid employees of the division of printing shall be no greater than that paid by other printing and binding offices employing the same class of labor.
History: L. 1905, ch. 477, § 15; L. 1907, ch. 393, § 2; R.S. 1923, 75-1017; L. 1927, ch. 296, § 1; L. 1943, ch. 270, § 2; L. 1953, ch. 376, § 1; L. 1974, ch. 390, § 21; L. 1975, ch. 452, § 17; L. 1976, ch. 373, § 7; L. 1980, ch. 264, § 12; L. 1994, ch. 274, § 6; L. 1995, ch. 132, § 2; December 17.
History: L. 1947, ch. 415, §§ 1, 2; Repealed, L. 1975, ch. 432, § 1; March 28.
All printing ordered and required to be published in a newspaper shall be paid for at the rate authorized in K.S.A. 28-137 or any amendments thereto.
History: L. 1905, ch. 477, § 16; R.S. 1923, 75-1018; L. 1939, ch. 296, § 1; L. 1953, ch. 377, § 1; April 10.
History: L. 1905, ch. 477, § 18; R.S. 1923, 75-1019; Repealed, L. 1976, ch. 373, § 15; March 2.
History: L. 1907, ch. 391, § 1; R.S. 1923, 75-1020; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1915, ch. 344, § 1; R.S. 1923, 75-1021; L. 1943, ch. 269, § 20; Repealed, L. 1974, ch. 374, § 1; July 1.
The director of printing, with the approval of the director of accounts and reports, shall maintain a cost system in accordance with generally accepted accounting principles. In determining cost rates for billing printing services to agencies, overhead expenses shall include but not be limited to light, heat, power, insurance, labor, depreciation, etc. Billings shall include direct and indirect costs of production and shall be based on the foregoing cost accounting practices. All receipts for sales of goods and services and recoveries from the sale of surplus supplies and materials or of other expenditures shall be deposited in the intragovernmental printing service fund which is hereby created in the state treasury. The provisions of K.S.A. 75-4215 and any amendments thereto shall apply to the said intragovernmental printing service fund to the extent not in conflict with this act.
History: L. 1911, ch. 10, § 3; R.S. 1923, 75-1022; L. 1976, ch. 373, § 8; March 2.
Whenever the division of printing prints any of the publications of the state and of its societies and institutions, there shall be printed extra copies as necessary to deliver such number of copies to the state historical society as the secretary of the society requests but not exceeding 10 copies, and 35 copies to the state library, to be used by the state historical society and the state library in making exchanges with other states, libraries, societies and institutions for similar publications, and two copies to each of the following named libraries:
The library of the university of Kansas, the library of Kansas state university of agriculture and applied science, the library of Wichita state university, the libraries of Fort Hays state university, Pittsburg state university and Emporia state university. In case any publication is issued in both bound and unbound form, bound copies shall be supplied. This section shall not apply to the reports of the supreme court of the state of Kansas, or to the statutes or session laws.
The director of printing shall notify the secretary of the state historical society of the printings of all publications so that the secretary may request copies of such publications.
History: R.S. 1923, 75-1023; L. 1943, ch. 269, § 21; L. 1961, ch. 407, § 1; L. 1967, ch. 440, § 1; L. 1968, ch. 364, § 1; L. 1976, ch. 373, § 9; L. 1990, ch. 301, § 1; July 1.
History: L. 1939, ch. 311, §§ 1, 2; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1939, ch. 311, § 3; L. 1947, ch. 414, § 3; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1939, ch. 312, § 1; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1939, ch. 312, §§ 2, 3; L. 1947, ch. 414, §§ 5, 6; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1947, ch. 414, § 4; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1975, ch. 419, §§ 1, 2; Repealed, L. 1976, ch. 373, § 15; March 2.
Notwithstanding the provisions of K.S.A. 46-155, appropriations may be made for capital outlay and other expenses to carry out the purposes of article 10 of chapter 75 of Kansas Statutes Annotated for the same period as is authorized by said K.S.A. 46-155, for capital improvements. On the effective date of this act the state printing advisory committee created under authority of K.S.A. 1975 Supp. 75-1031 and 75-1032 is hereby abolished, except for the purpose of completing its report upon a program for future printing by the state which shall be submitted to the governor, the speaker of the house and the president of the senate not later than July 1, 1976, for consideration by the legislature and the governor. All assets and liabilities of the state printing advisory committee shall on the effective date of this act be transferred to the division of printing of the department of administration. Expenditures from appropriations in L. 1975, ch. 25, sec. 10 and sec. 2 for the department of administration line item "to the state printing advisory committee for the acquisition of software and hardware and related expenses for printing by the state, including photo composition" shall be made upon vouchers approved by the director of printing, and all contracts made under authority of this section and said appropriations are hereby continued in full force and effect. Except for approval of the above report, all of the powers, functions and duties of the state printing advisory committee are hereby transferred on the effective date of this act to the director of printing, and the director of printing shall be the successor in every way, except with respect to said report, to the state printing advisory committee.
History: L. 1975, ch. 419, § 3; L. 1976, ch. 373, § 10; March 2.
History: L. 1917, ch. 309, § 1; R.S. 1923, 75-1101; Repealed, L. 1925, ch. 260, § 21; July 1.
Revisor's Note: Later act, see 75-3728, 75-3729, 75-3736.
History: L. 1917, ch. 309, § 2; R.S. 1923, 75-1102; Repealed, L. 1953, ch. 375, § 95; July 1.
Revisor's Note: Later act, see 75-3728, 75-3729, 75-3736.
History: L. 1917, ch. 309, §§ 3 to 5; R.S. 1923, 75-1103 to 75-1105; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1917, ch. 309, § 8; R.S. 1923, 75-1106; Repealed, L. 1925, ch. 260, § 21; July 1.
History: L. 1917, ch. 309, § 9; R.S. 1923, 75-1107; Repealed, L. 1951, ch. 445, § 1; June 30.
Revisor's Note: Later act, see 75-3904.
History: L. 1917, ch. 309, § 10; R.S. 1923, 75-1108; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1905, ch. 490, § 11; R.S. 1923, 75-1109; Repealed, L. 1925, ch. 260, § 21; July 1.
History: L. 1905, ch. 490, § 12; R.S. 1923, 75-1110; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1935, ch. 275, § 1; L. 1937, ch. 329, § 16; L. 1943, ch. 274, § 3; L. 1945, ch. 319, § 2; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1935, ch. 275, § 2; Repealed, L. 1951, ch. 445, § 1; June 30.
History: L. 1935, ch. 275, § 3; L. 1943, ch. 277, § 10; L. 1945, ch. 319, § 3; Repealed, L. 1953, ch. 375, § 95; July 1.
Revisor's Note: Later act, see 75-3803.
History: L. 1935, ch. 275, §§ 4, 5; Repealed, L. 1953, ch. 375, § 95; July 1.
Revisor's Note: Transferred to 75-3811.
As used in this act, unless the context otherwise requires, "municipality" means any county, township, city, municipal university, unified school district, library district, improvement district, drainage district, cemetery district, industrial district, irrigation district, park and recreation district, conservation district, extension council, airport or building authority, fire district, lighting district, park district, sewer district, watershed district, community junior college, groundwater management district, rural water district, zoning board, municipal energy agency or intergovernmental or joint agency, including all boards, commissions, committees, bureaus and departments of such municipalities charged with the management or administration of recreation activities, parks, hospitals, libraries, cemeteries, pensions, public improvements or any other public activities maintained or subsidized with public funds and any municipally owned or operated utility, firemen's relief association, or public or quasi-public corporation entitled to receive and hold public moneys pursuant to any provision of state law authorizing such public or quasi-public corporation to collect or receive such public moneys.
History: L. 1935, ch. 275, § 7; L. 1978, ch. 334, § 1; July 1.
History: L. 1935, ch. 275, § 8; L. 1953, ch. 375, § 87; L. 1967, ch. 441, § 1; L. 1974, ch. 364, § 17; L. 1975, ch. 433, § 1; L. 1978, ch. 335, § 1; L. 1982, ch. 349, § 1; Repealed, L. 1988, ch. 301, § 33; July 1.
(a) The board of accountancy shall adopt rules and regulations governing the renewal and revocation of licenses of licensed municipal public accountants. Such licenses shall be renewed for a two-year period from July 1 of the year of renewal and may be renewed at the discretion and under the rules and regulations of the board of accountancy. The rules and regulations of the state municipal accounting board governing the renewal and revocation of licenses of licensed municipal public accountants in existence on the effective date of this act shall continue to be effective and shall be deemed to be the rules and regulations of the board of accountancy until revised, amended, repealed or nullified pursuant to law. All other rules and regulations of the state municipal accounting board shall continue in existence until revised, amended, repealed or nullified by the director of accounts and reports pursuant to law.
(b) The chairperson of the board of accountancy is hereby authorized to administer oaths, issue subpoenas and take testimony of any persons or witnesses that the board of accountancy may desire relative to any duty or power given it in this section.
(c) No person may be issued an original license to engage in practice as a licensed municipal public accountant. Licensed municipal public accountants who hold original licenses to practice as such prior to the effective date of this act and who are in active practice as licensed municipal public accountants or have been granted inactive status shall continue to hold such licenses and shall remain entitled to have such licenses renewed and to practice as licensed municipal public accountants subject to rules and regulations of the board of accountancy.
History: L. 1935, ch. 275, § 9; L. 1976, ch. 374, § 1; L. 1982, ch. 349, § 2; L. 1988, ch. 301, § 19; July 1.
The board of accountancy shall charge and collect a biennial renewal fee to practice as a licensed municipal public accountant. Each year, on or before May 30, the board of accountancy shall determine the amount that may be necessary for the next ensuing year to carry out and enforce the provisions of this act and shall fix the fee provided to be charged and collected under this section which shall be as follows:
Upon fixing the renewal fee, the board shall immediately notify all valid license holders of the amount of the fee for the biennial period.
History: L. 1976, ch. 374, § 3; L. 1982, ch. 349, § 3; July 1.
The board of accountancy shall remit all moneys received by or for it under the provisions of this act 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 board of accountancy fee fund.
History: L. 1976, ch. 374, § 4; L. 1982, ch. 349, § 4; L. 1988, ch. 301, § 20; L. 2001, ch. 5, § 365; L. 2011, ch. 53, § 54; July 1.
There is hereby authorized and there shall be a system of fiscal procedure, accounting and reporting for all municipalities of the state of Kansas required by K.S.A. 75-1122, and amendments thereto, to have their accounts examined and audited at least once each year, which system shall be uniform in its application to all officers of the same grade and kind and all accounts of the same kind of municipalities to which it is applicable, and shall be used by such municipalities and their officers and employees when directed by the director of accounts and reports. Any municipality may use or adopt such forms as it shall deem best suited for its particular needs so long as all necessary information is shown on such forms. No copyrighted form or forms, books or records shall be adopted. The system adopted must be obtainable upon the open market.
History: L. 1935, ch. 275, § 10; L. 1941, ch. 352, § 1; L. 1978, ch. 334, § 3; L. 1988, ch. 301, § 21; July 1.
(a) Except as otherwise provided in this section, the governing body of each municipality, as defined in K.S.A. 75-1117, and amendments thereto, shall utilize accounting procedures and fiscal procedures in the preparation of financial statements and financial reports that conform to generally accepted accounting principles as promulgated by the governmental accounting standards board and the American institute of certified public accountants and adopted by rules and regulations of the director of accounts and reports.
(b) The governing body of any municipality, which has aggregate annual gross receipts of less than $500,000 and which does not operate a utility, shall not be required to maintain fixed asset records.
(c) (1) The director of accounts and reports shall waive the requirements of subsection (a) upon request therefor by the governing body of any municipality. The waiver shall be granted to the extent requested by the governing body. Prior to requesting the waiver provided for in this subsection, the governing body, by resolution, annually shall make a finding that financial statements and financial reports prepared in conformity with the requirements of subsection (a) are not relevant to the requirements of the cash-basis and budget laws of this state and are of no significant value to the governing body or members of the general public of the municipality. No governing body of a municipality shall request the waiver or adopt the resolution authorized under this subsection if the provisions of revenue bond ordinances or resolutions or other ordinances or resolutions of the municipality require financial statements and financial reports to be prepared in conformity with the requirements of subsection (a). The governing body of any municipality which is granted a waiver under this subsection shall cause financial statements and financial reports of the municipality to be prepared on the basis of cash receipts and disbursements as adjusted to show compliance with the cash-basis and budget laws of this state.
(2) The provisions of this subsection do not apply to community colleges.
(d) The director of accounts and reports shall waive the requirements of law relating to the preparation and maintenance of fixed asset records upon request therefor by the board of trustees of any community college. The waiver shall be granted to the extent and for the period of time requested by the board of trustees. Nothing contained in this subsection shall be construed so as to exempt any community college from compliance with the provisions of K.S.A.
71-211, and amendments thereto, which requires the use by all community colleges of a standardized and uniform chart of accounts.
History: L. 1978, ch. 334, § 5; L. 1979, ch. 279, § 1; L. 1981, ch. 327, § 1; L. 1982, ch. 348, § 1; L. 1994, ch. 274, § 7; L. 2016, ch. 3, § 1; July 1.
The director of accounts and reports shall:
(a) Formulate, devise and prescribe a system of fiscal procedure, auditing, accounting and reporting for municipalities, applicable to those municipalities required by K.S.A.
75-1122, and amendments thereto, to have their accounts examined and audited at least once each year.
(b) Adopt rules and regulations to carry out the provisions of this act and, from time to time, to make, change, amend and enforce such system and forms of accounting and reporting and rules and regulations. No rules and regulations adopted pursuant to the provisions of this section shall prescribe any system of fiscal procedure or require the governing body of any municipality to have its accounts examined or audited unless such municipality is required to have its accounts examined or audited under the provisions of K.S.A.
75-1122, and amendments thereto.
(c) Conduct either in person or by representatives such investigation as the director may deem necessary to determine if this act and the regulations issued pursuant thereto are being fully complied with.
History: L. 1935, ch. 275, § 11; L. 1953, ch. 375, § 88; L. 1974, ch. 364, § 18; L. 1978, ch. 334, § 4; L. 1988, ch. 301, § 22; L. 1994, ch. 274, § 8; L. 2016, ch. 3, § 2; July 1.
(a) The governing body of every unified school district and the governing body of all other municipalities either having aggregate annual gross receipts in excess of $500,000 or which has general obligation or revenue bonds outstanding in excess of $500,000 shall have its accounts examined and audited by a licensed municipal public accountant or accountants or certified public accountant or accountants at least once each year. In the case of school districts, all tax and other funds such as activity funds and accounts shall also be examined and audited.
(b) The governing body of every municipality, except school districts, having aggregate annual gross receipts in excess of $275,000, but not more than $500,000, or which has general obligation or revenue bonds outstanding in excess of $275,000, but not more than $500,000, shall have its accounts examined by a licensed certified public accountant or accountants using agreed-upon procedures as determined by the director of accounts and reports at least once each year. Each municipality subject to this subsection shall have its accounts examined using enhanced agreed-upon procedures at least once every three years.
(c) The governing body of any city of the third class required to have its accounts examined or audited pursuant to the provisions of this section shall annually determine the total cost to be incurred by the city in complying with the requirements of this act and shall identify the same in the budget of the city.
History: L. 1935, ch. 275, § 12; L. 1967, ch. 442, § 1; L. 1978, ch. 334, § 2; L. 1983, ch. 276, § 1; L. 1990, ch. 66, § 51; L. 1993, ch. 46, § 3; L. 2008, ch. 163, § 24; L. 2016, ch. 3, § 3; July 1.
In conducting examinations or audits provided for by K.S.A. 10-1208, 12-866, 13-1243, or 75-1122, and amendments thereto, the licensed municipal public accountant or certified public accountant so engaged shall follow the municipal audit and accounting guide, or the applicable portions thereof, prescribed by the director of accounts and reports. The municipality so audited or examined shall install and put such standardized accounting system into effect as soon as possible after such examination or audit.
History: L. 1935, ch. 275, § 13; L. 1941, ch. 352, § 2; L. 1953, ch. 375, § 89; L. 1974, ch. 364, § 19; L. 1980, ch. 64, § 5; L. 1994, ch. 274, § 9; L. 2016, ch. 3, § 4; July 1.
(a) A copy of each audit report with recommendations, if any, rendered by any licensed municipal public accountant or certified public accountant upon the completion of any audits provided for by K.S.A. 10-1208, 12-866, 13-1243 or 75-1122, and amendments thereto, shall be filed with the secretary. The municipality's circular A-133 audit report, if required under the provisions of the federal single audit act amendments of 1996, 31 U.S.C. §§ 7501-7507, along with any other audit related documents deemed necessary by the secretary, shall also be filed with the secretary.
(b) On and after January 1, 2015, the audits and related documents required under subsection (a) shall be filed electronically with the secretary in a manner directed by the secretary.
(c) The audits required under subsection (a) are due within one year after the end of the audit period of the audit unless an extension of time is granted by the secretary. If federal law, state law or municipal contract provisions requires the audit reports and related documents to be filed in a period of less than one year, the municipality audit reports and related documents shall be filed in accordance with such laws or contract provisions.
(d) Final payment to any accountant performing any audit required under subsection (a) shall not be made until a copy of the audit reports and related documents have been so filed with the secretary, and is evidenced by a document from the secretary acknowledging receipt of the audit reports and related documents.
(e) Notwithstanding any provision of law to the contrary, upon the filing of the audit reports and related documents as required under subsection (a), the municipality is not required to submit any audit reports or related documents to any other state agency, office or official.
(f) A copy of each report resulting from a review of municipal accounts using procedures as required by K.S.A.
75-1122, and amendments thereto, shall be filed electronically with the secretary within one year of the end of the municipality fiscal year for which the examination is performed unless an extension of time is granted by the secretary. Upon submission of the report, the municipality is not required to submit such report to any other state agency, office or official. Final payment to any accountant performing such an examination using agreed-upon procedures shall not be made until a copy of such report has been filed as shown by a statement of the secretary.
(g) For the purposes of this section, "secretary" means the secretary of administration or the secretary's designee.
History: L. 1935, ch. 275, § 14; L. 1953, ch. 375, § 90; L. 1974, ch. 364, § 20; L. 1980, ch. 64, § 6; L. 2014, ch. 10, § 1; L. 2016, ch. 3, § 5; July 1.
The governing body of any municipality not covered by K.S.A. 75-1122 may employ a licensed municipal public accountant or accountants or certified public accountant or accountants to examine and audit the accounts of such municipality for such period as it may deem proper: Provided, That upon a written petition filed with the governing body of any such municipality not provided for by K.S.A. 75-1122 by 20% or more of the voters of said municipality who voted at the last election for officers of such municipality it shall be the duty of said governing body to employ a licensed municipal public accountant or accountants or certified public accountant or accountants to examine and audit the accounts of such municipality for such period of time as may be set out in the petition of the voters.
History: L. 1935, ch. 275, § 15; May 15.
When any audit under this act indicates violation of a penal statute or discloses reasonable ground for removal from office, it shall be the duty of the licensed municipal public accountant or accountants or certified public accountant or certified public accountants signing the report of such audit to file one copy of the report with the county attorney.
History: L. 1935, ch. 275, § 16; May 15.
Boards, commissions, committees, bureaus or departments of a municipality having independent control of the disbursing of funds for their activities shall reimburse the municipality for their part of the cost of any examination or audit made of the municipality pursuant to this act.
History: L. 1935, ch. 275, § 17; May 15.
Any person representing to the public that such person is a licensed municipal public accountant under the laws of this state, or any person, except an assistant to a licensed municipal public accountant or an assistant to a certified public accountant, who accepts any fee or other compensation from any municipality for services as a public auditor or public accountant and who has not received such license or whose license has expired or has been revoked is guilty of a misdemeanor, and upon conviction shall be subject to a fine of not less than $100 nor more than $1,000 for each offense. Any person convicted under this section shall be ineligible to obtain renewal of a license as a licensed municipal public accountant.
History: L. 1935, ch. 275, § 18; L. 1982, ch. 349, § 5; July 1.
The governing body of any municipality shall not approve any claim for final payment until the conditions of K.S.A. 75-1124 have been fully complied with.
History: L. 1935, ch. 275, § 19; May 15.
Any member of any governing body or clerk or secretary or treasurer or employee or officer of any municipality or subdivision or subsidiary thereof who shall violate any of the provisions of this act or the regulations issued pursuant thereto or neglect or refuse to perform any duty herein imposed, shall be deemed guilty of a misdemeanor, and upon conviction thereof in a court of competent jurisdiction shall be subject to a fine of not more than ten dollars or forfeiture of office or both.
History: L. 1935, ch. 275, § 20; May 15.
Revisor's Note: Later act, see 75-3715.
History: L. 1925, ch. 260, § 13; L. 1945, ch. 319, § 1; Repealed, L. 1953, ch. 375, § 95; July 1.
Revisor's Note: Later act, see 75-3715, 75-3716.
History: L. 1925, ch. 260, § 14; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1925, ch. 260, §§ 15, 16; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1945, ch. 319, §§ 5, 6; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1905, ch. 489, §§ 1, 2; R.S. 1923, 75-1201, 75-1202; Repealed, L. 1965, ch. 461, § 30; July 1.
(a) There is hereby established, within and as a part of the department of administration, a division of architectural services, the head of which shall be the director of architectural services. Under the supervision of the secretary of administration, the director of architectural services shall administer the division of architectural services. The director of architectural services shall be in the unclassified service under the Kansas civil service act and shall be appointed by the secretary of administration, with the advice of the state building advisory commission. Attorneys and space-management officers of the division of architectural services shall be in the unclassified service under the Kansas civil service act. The director of architectural services may appoint an assistant director of architectural services who shall be in the unclassified service under the Kansas civil service act.
(b) The director of architectural services shall have appropriate administrative and managerial experience and abilities commensurate with and necessary for the performance of the responsibilities of the office of director of architectural services.
History: L. 1972, ch. 332, § 15; L. 1974, ch. 376, § 13; L. 1978, ch. 332, § 35; L. 1978, ch. 338, § 1; L. 1979, ch. 280, § 1; L. 1988, ch. 331, § 1; July 1.
(a) All of the powers, duties and functions of the existing architectural services division and the existing state architect are hereby transferred to and conferred and imposed, respectively, upon the division of architectural services and the director of architectural services created by this act, except as is herein otherwise provided.
(b) The division of architectural services and the director of architectural services created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the architectural services division and state architect in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed under the authority of the division of architectural services or director of architectural services created by this act, respectively, shall be deemed to have the same force and effect as if performed by the architectural services division or state architect, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the architectural services division, 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 division of architectural services created by this act.
(d) Whenever the state architect is referred to or designated by a statute, contract or other document, such reference shall be deemed to apply to the director of architectural services created by this act.
(e) All orders and directives of the state architect or architectural services division 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 architectural services created by this act, until revised, amended, or nullified pursuant to law.
(f) The division of architectural services and the director of architectural services created by this act, respectively, shall be continuations of the architectural services division created by K.S.A. 75-3761 and the state architect provided to be appointed under K.S.A. 75-3703.
History: L. 1972, ch. 332, § 16; July 1.
The executive council created by K.S.A. 75-2101 is hereby abolished. All of the powers, duties and functions of the existing executive council pertaining to state property are hereby transferred to and conferred and imposed upon the director of architectural services created by this act, except as is herein otherwise provided. Whenever a statute specifying powers, duties or functions of the executive council is repealed by this act, such powers, duties or functions shall not be continued by this section. Whenever a statute specifying powers, duties or functions of the executive council is amended by this act, such amendments shall control the disposition of such powers, duties or functions.
History: L. 1972, ch. 332, § 25; July 1.
(a) The director of architectural services shall attend all meetings of the state building advisory commission and keep a full and correct record of its proceedings which when approved by the commission and signed by the chairperson shall be the official record. The director of architectural services shall have such powers and duties as may be prescribed or imposed by the secretary of administration or by law.
(b) Subject to approval by the secretary of administration and in accordance with appropriation acts, the director of architectural services shall appoint the professional, technical, administrative, clerical and other personnel of the division of architectural services. Except as provided in K.S.A. 75-1202a and 75-2935 and amendments thereto, all positions of the division of architectural services shall be in the classified service under the Kansas civil service act. Each person who has been employed continuously for at least the six-month period immediately prior to the effective date of this act in a professional or administrative position in the division of architectural services, which is placed in the classified service under the Kansas civil service act by this act, shall continue in such position and shall attain permanent status in that classified position without examination and without a probationary period. Such person shall retain all retirement benefits earned prior to the effective date of this act and such person's service shall be deemed to have been continuous.
History: L. 1978, ch. 337, § 5; L. 1981, ch. 328, § 1; L. 1988, ch. 331, § 2; July 1.
On and after September 1, 1978, the secretary of administration may organize the officers and employees of the division of architectural services for the purposes of performing the powers, duties and functions of the division of architectural services, in the manner deemed most efficient by the secretary of administration, so long as the same is not in conflict with law. The officers and employees of the division of architectural services shall perform such duties and exercise such powers as are prescribed by law, the secretary of administration or the director of architectural services with the approval of the secretary of administration, and such persons shall act for, and exercise the powers of the division of architectural services to the extent authority to do so is delegated to them by the secretary of administration or by the director of architectural services with the approval of the secretary of administration.
History: L. 1978, ch. 337, § 6; April 25.
History: L. 1978, ch. 337, § 7; Repealed, L. 1981, ch. 328, § 3; May 18.
History: L. 1905, ch. 489, § 3; R.S. 1923, 75-1203; Repealed, L. 1978, ch. 337, § 39; April 25.
History: L. 1905, ch. 489, § 4; R.S. 1923, 75-1204; L. 1967, ch. 434, § 51; Repealed, L. 1978, ch. 337, § 39; April 25.
History: L. 1905, ch. 489, § 5; R.S. 1923, 75-1205; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1905, ch. 489, § 7; R.S. 1923, 75-1206; Repealed, L. 1978, ch. 337, § 39; April 25.
History: L. 1947, ch. 429, § 1; L. 1953, ch. 378, § 1; Repealed, L. 1978, ch. 337, § 39; April 25.
History: L. 1947, ch. 429, § 2; L. 1949, ch. 425, § 1; L. 1951, ch. 446, § 1; L. 1953, ch. 378, § 2; Repealed, L. 1978, ch. 337, § 39; April 25.
History: L. 1949, ch. 425, § 2; Repealed, L. 1974, ch. 376, § 14; July 1.
History: L. 1953, ch. 378, § 3; Repealed, L. 1974, ch. 376, § 14; July 1.
This act shall be known and may be cited as "the uniform standards code for mobile homes and recreational vehicles."
History: L. 1972, ch. 338, § 1; July 1.
Unless clearly indicated otherwise by the context, the following words and terms when used in this act, for the purpose of this act, shall have the following meanings:
(a) "Code" means the standards adopted by this act.
(b) "Dealer" means any person, other than a manufacturer, as defined in this act, who sells, leases or rents three (3) or more mobile homes or recreational vehicles in any consecutive twelve-month period.
(c) "Manufacturer" means any person who manufactures mobile homes or recreational vehicles.
(d) (1) Except as provided in paragraph (2) of this subsection, "mobile home" means a structure, transportable in one or more sections, which has a body width of eight (8) feet or more and a body length of thirty-six (36) feet or more and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein.
(2) "Mobile home" does not include any structure which is subject to the federal mobile home construction and safety standards established pursuant to 42 U.S.C. 5403.
(e) "Person" means an individual, partnership, corporation or other legal entity.
(f) "Recreational vehicle" means a vehicular-type unit built on or for use on a chassis and designed primarily as living quarters for recreational, camping, vacation or travel use and which has its own motive power or is mounted on or drawn by another vehicle, and which has a body width not exceeding eight (8) feet and a body length not exceeding forty (40) feet; but such term shall not include a unit which has no electrical system which operates above twelve (12) volts and has no provisions for plumbing, heating and any other component or feature for which a standard is adopted by this act.
History: L. 1972, ch. 338, § 2; L. 1973, ch. 337, § 1; L. 1974, ch. 377, § 1; L. 1978, ch. 339, § 1; L. 1978, ch. 336, § 6; L. 1979, ch. 281, § 1; April 13.
No manufacturer shall manufacture, or attempt to manufacture, for rent, lease, sale or distribution within this state any line, make, model or brand of mobile home or recreational vehicle, unless the plans and specifications encompassing the design, material and construction thereof comply with the code and such mobile home or recreational vehicle has been constructed in accordance with such plans and specifications, in a proper and workmanlike manner, and such mobile home or recreational vehicle complies with the code.
History: L. 1972, ch. 338, § 3; L. 1973, ch. 337, § 2; L. 1974, ch. 377, § 2; L. 1978, ch. 336, § 7; L. 1979, ch. 281, § 2; April 13.
No person shall rent, lease, sell or distribute, or offer for sale, rent, lease or distribution, to any person within this state any mobile home or recreational vehicle manufactured after September 1, 1973, unless such mobile home or recreational vehicle complies with the code.
History: L. 1972, ch. 338, § 4; L. 1973, ch. 337, § 3; L. 1974, ch. 377, § 3; L. 1976, ch. 375, § 1; L. 1978, ch. 336, § 8; L. 1979, ch. 281, § 3; April 13.
History: L. 1972, ch. 338, § 5; L. 1973, ch. 337, § 4; L. 1978, ch. 336, § 9; Repealed, L. 1979, ch. 281, § 12; April 13.
No person shall alter or cause to be altered any mobile home or recreational vehicle, if such alteration causes the mobile home or recreational vehicle to be in violation of the code.
History: L. 1972, ch. 338, § 6; L. 1973, ch. 337, § 5; L. 1978, ch. 336, § 10; L. 1979, ch. 281, § 4; April 13.
History: L. 1972, ch. 338, § 7; Repealed, L. 1973, ch. 337, § 9; April 25.
If a mobile home or recreational vehicle is in compliance with the code, no agency of this state, nor any municipality or other local governmental body shall require such mobile home or recreational vehicle to comply with any building, plumbing, heating or electrical code other than the code established by this act. All mobile homes shall be subject to zoning regulations of counties and cities applicable to areas in which such homes are located.
History: L. 1972, ch. 338, § 8; L. 1979, ch. 281, § 5; April 13.
(a) On July 1, 1979, the mobile home and recreational vehicle commission is hereby abolished.
(b) On July 1, 1979, all of the powers, duties and functions of the mobile home and recreational vehicle commission abolished by subsection (a) are hereby abolished.
(c) On and after July 1, 1979, whenever the mobile home and recreational vehicle commission abolished by subsection (a) is referred to or designated by a statute, contract or other document, such reference or designation is hereby made null and void and of no force and effect whatsoever.
(d) On July 1, 1979, all of the records, memoranda, writings and property of the mobile home and recreational vehicle commission shall be and are hereby transferred to the secretary of administration and the secretary shall have legal custody of the same.
History: L. 1972, ch. 338, § 9; L. 1974, ch. 348, § 87; L. 1974, ch. 378, § 1; L. 1975, ch. 462, § 114; L. 1978, ch. 308, § 70; L. 1979, ch. 281, § 6; April 13.
For the purpose of fixing standards deemed necessary to protect the health, safety and welfare of the public for body and frame design and construction requirements and the installation of plumbing, heating and electrical systems in mobile homes and recreational vehicles, there is hereby adopted by reference as the law of this state, with respect to mobile homes to which this act applies, parts B to E, inclusive, of the standard for mobile homes developed by the American national standards committee on mobile homes and recreational vehicles and designated ANSI No. A119.1 1975 and, with respect to recreational vehicles to which this act applies, parts I, II, III and IV of the standard for recreational vehicles developed by the American national standards committee on mobile homes and recreational vehicles and designated ANSI No. A119.2 1975.
History: L. 1972, ch. 338, § 10; L. 1973, ch. 337, § 6; L. 1974, ch. 378, § 2; L. 1975, ch. 428, § 6; L. 1978, ch. 339, § 2; L. 1978, ch. 336, § 11; L. 1979, ch. 281, § 7; April 13.
Each mobile home and recreational vehicle manufacturer shall issue with each new mobile home or recreational vehicle a warranty generally in use in the industry warranting such mobile home or recreational vehicle to be free from material defects and to be manufactured in a workmanlike manner.
Such warranty shall be to the buyer or the buyer's assignee in interest and shall set forth in writing the following terms:
(a) That the mobile home or recreational vehicle has been manufactured in conformity with the code.
(b) That the mobile home or recreational vehicle is free from any defects in design, materials or workmanship.
(c) That the manufacturer shall take appropriate corrective action at the site of the mobile home or in the case of recreational vehicle, at the nearest authorized service center or at the place of manufacture, whichever is closer, in instances of defects in materials or workmanship which become evident within one (1) year from the date of delivery of the mobile home or recreational vehicle to the buyer, if the buyer or the buyer's assignee in interest gives written notice of such defects to the manufacturer at his or her business address not later than one (1) year after the date of delivery: Provided, however, That in the case of a recreational vehicle, such warranty shall not extend to the chassis or running gear manufactured and supplied by another manufacturer.
Such warranty shall be in addition to and not in derogation of any other rights and privileges which such buyer may have under any other law or instrument. The manufacturer shall not require the buyer to waive his or her rights under this act and any such waiver shall be deemed contrary to public policy and shall be unenforceable and void.
History: L. 1972, ch. 338, § 11; L. 1973, ch. 337, § 7; April 25.
As soon after July 1, 1979, as possible, the director of accounts and reports shall transfer all moneys in the mobile home and recreational vehicle standards fund to the state general fund. After such transfer, the mobile home and recreational vehicle standards fund is hereby abolished.
History: L. 1972, ch. 338, § 12; L. 1978, ch. 336, § 12; L. 1979, ch. 281, § 8; July 1.
(a) It shall be a class C misdemeanor for any person to violate any of the provisions of this act.
(b) In addition to any other penalties or remedies provided by this act, the district court, upon application of the attorney general or the county or district attorney, shall have the power and jurisdiction to enjoin any violation of this act. In cases of substantial and willful violations of this act, the district court shall have the power and jurisdiction to enjoin persons from engaging in business in this state.
(c) In any action brought to enforce the provisions of this act, if the court finds that a person is willfully using or has willfully used a method, act or practice declared to be unlawful by this act, the attorney general or county or district attorney, upon petition to the court may recover on behalf of the state, in addition to the criminal penalties provided herein, a civil penalty not exceeding one thousand dollars ($1,000) per person for each violation.
(d) For the purpose of this section, a willful violation occurs:
(1) If the person committing the violation knew or should have known that his or her conduct consisted of an act or acts which were in violation of this act; or
(2) If a manufacturer has failed to correct a code violation in a mobile home or recreational vehicle subject to this act, within ninety (90) days after being notified in writing of the code violation by the owner of the mobile home or recreational vehicle if such mobile home or recreational vehicle was manufactured after September 1, 1973.
History: L. 1972, ch. 338, § 13; L. 1973, ch. 337, § 8; L. 1978, ch. 336, § 13; L. 1979, ch. 281, § 9; April 13.
(a) The manufacturer shall cause a serial number to be stamped in a conveniently visible place and in a clearly legible manner on each mobile home and recreational vehicle manufactured.
(b) No units manufactured by the same manufacturer shall bear the same serial number, except that any multiple units shall contain the same serial number with letters of the alphabet designating that each is a different separate section of the same unit. Starting with "A" each such additional, succeeding section shall be in alphabetical order.
History: L. 1972, ch. 338, § 14; L. 1978, ch. 336, § 14; L. 1979, ch. 281, § 10; April 13.
If any provision of this act or the application thereof to any person or circumstance is held to be unconstitutional or invalid for any reason by any court of competent jurisdiction, the remainder of the act and the application of such provisions to other persons and circumstances shall not thereby be rendered invalid or unconstitutional or affected thereby but shall remain in full force and effect.
History: L. 1972, ch. 338, § 15; July 1.
As used in this act, the following words and phrases shall have the meanings respectively ascribed to them herein:
(a) "Tie down" means any device designed for the purpose of anchoring a mobile home to ground anchors;
(b) "Ground anchor" means any device designed to secure a mobile home to the ground;
(c) "Pier" means one of the structural supports required by this act for a mobile home which is not secured to the ground on a permanent foundation;
(d) "Roof protector" means a device designed to prevent over-the-top tie downs from damaging or penetrating the roof material; and
(e) "Mobile home" shall have the meaning ascribed to it by K.S.A. 58-4202, and amendments thereto.
(f) "Secretary" means the secretary of administration.
History: L. 1974, ch. 375, § 1; L. 1978, ch. 340, § 1; L. 1978, ch. 336, § 15; L. 1979, ch. 282, § 1; L. 1991, ch. 33, § 36; July 1.
(a) Except as provided in subsection (b), any mobile home which is occupied or inhabited by any person as a dwelling, office or commercial space shall be secured to the ground by tie downs and ground anchors, of a type which has been approved by the secretary pursuant to K.S.A. 75-1229, unless such mobile home is secured to the ground on a permanent foundation. Any such mobile home which is not secured to a permanent foundation shall be placed upon piers in the manner prescribed by this act.
(b) Any mobile home secured with tie down devices and ground anchors which were installed prior to the effective date of this act shall be deemed to be in compliance with this act if such tie down devices were placed in a manner similar to that prescribed herein and unless the secretary shall find such tie down devices are inadequate to anchor or secure a mobile home to the ground.
History: L. 1974, ch. 375, § 2; L. 1978, ch. 340, § 2; L. 1978, ch. 336, § 16; July 1.
(a) From and after July 1, 1975, it shall be unlawful for any person to sell or offer for sale in this state any tie down or ground anchor of a type which has not been approved by the secretary.
(b) Every manufacturer of ground anchors designed to be used on any mobile home shall submit to the secretary for approval each type of ground anchor intended for sale or distribution in this state, together with the following data with respect thereto:
(1) Detailed drawings and specifications of each type of ground anchor, showing model identification, dimensions, types of welds or fastenings, materials used in its construction and the method of securing the tie down;
(2) Test data regarding the destructibility of each ground anchor model, which has been prepared and certified by a recognized independent testing laboratory, demonstrating the capability of such ground anchor to withstand a force of not less than four thousand seven hundred fifty (4,750) pounds without failure, with strap or cable connected to the anchor head connecting device; and
(3) Information as to the types of soil the anchor is certified to be installed in, and instructions as to the method of installation.
(c) Every manufacturer of tie downs designed to be used on any mobile home which is not equipped with tie downs by the manufacturer shall submit to the secretary for approval each type of tie down intended for sale or distribution in this state, together with such supportive data as the secretary may require pursuant to duly adopted rules and regulations. Each tie down shall comply with the standards applicable thereto, as adopted by K.S.A. 75-1220, and in any rules and regulations adopted by the secretary pursuant thereto.
History: L. 1974, ch. 375, § 3; L. 1978, ch. 336, § 17; July 1.
After inspecting any tie down or ground anchor submitted for approval by a manufacturer pursuant to K.S.A. 75-1228, and reviewing the supportive data submitted therewith, the secretary shall determine the compliance or noncompliance of such tie down or ground anchor with the standards applicable thereto and in any rules and regulations adopted by the secretary, and the secretary shall notify the manufacturer thereof of such determination, except that the secretary shall not approve any ground anchor which does not have all components thereof clearly and permanently marked with the model number so that it is readily visible after the anchor is installed.
History: L. 1974, ch. 375, § 4; L. 1978, ch. 336, § 18; July 1.
(a) Approved tie downs shall be placed on a mobile home as follows:
(1) On any mobile home not less than 36 feet in length and not more than 50 feet in length, three frame tie downs shall be placed on each side, or three over-the-top tie downs shall be used or any combination thereof approved by the secretary;
(2) On any mobile home more than 50 feet in length and not more than 70 feet in length, four frame tie downs shall be placed on each side, or four over-the-top tie downs shall be used or any combination thereof approved by the secretary;
(3) On any mobile home more than 70 feet in length, five frame tie downs shall be placed on each side, or five over-the-top tie downs shall be used or any combination thereof approved by the secretary;
(4) On any doublewide mobile home, not more than 50 feet in length, three frame tie downs shall be placed on each side or three over-the-top tie downs shall be used, or any combination thereof approved by the secretary; and on any such mobile home more than 50 feet in length, four frame tie downs shall be used on each side or four over-the-top tie downs shall be used or any combination thereof approved by the secretary.
(b) Whenever over-the-top tie downs are required on any mobile home, one tie down shall be placed as close to each end of the mobile home as practicable, and the center tie down, if any, shall be located as close to the center of the mobile home as possible. The distance between all such adjacent tie downs shall be as nearly equal as practicable.
(c) Roof protectors shall be used with all over-the-top tie downs securing mobile homes not equipped with such tie downs by the manufacturer. Roof protectors shall be made of rust-resistant material and placed at stud and rafter locations on a mobile home.
(d) Over-the-top tie downs may be attached to the same ground anchor as frame tie downs.
History: L. 1974, ch. 375, § 5; L. 1978, ch. 340, § 3; L. 1998, ch. 83, § 2; July 1.
(a) Foundations for piers shall be installed directly under the main frame or chassis of the mobile home. All grass and organic material shall be removed and the pier foundation placed on stable soil. The piers shall not be farther apart than 10 feet on centers, and the main frame, front or face of the mobile home shall not extend farther than one foot beyond the center line of the end of the piers. Each pier foundation shall consist of two concrete blocks, and each such block shall be eight inches wide, eight inches high and 16 inches long or shall be of such other material and design as approved by the secretary.
(b) Piers shall be constructed of either open cell or solid concrete blocks, each of which shall be eight inches wide, eight inches high and 16 inches long, with open cells vertical or in combination with solid concrete blocks which are two inches thick, eight inches high and 16 inches long placed above the foundation block. A wood plate which is at least one inch in actual thickness, eight inches wide and 16 inches long shall be placed on top of the pier, with weather proof wood shims, when needed, fitted and driven tightly between the wood plate and the main frame. Such shims shall not occupy more than one inch of vertical space. Piers shall be installed perpendicular to the I-beam. All piers over 30 inches in height, measured from the top of the foundation block to the I-beam, shall be double tiered with blocks interlocked and capped with a solid concrete block, which shall be four inches high, 16 inches wide and 16 inches long, and cushioned with wood blocking as required. Piers shall not exceed 48 inches in height, unless designed by a registered professional engineer or architect. Piers also may be constructed of other material and designs approved by the secretary.
History: L. 1974, ch. 375, § 6; L. 1978, ch. 340, § 4; L. 1998, ch. 83, § 3; July 1.
Any owner who knowingly permits the use or occupancy of a mobile home in violation of the provisions of this act, and any person who knowingly uses or occupies a mobile home in violation of the provisions of this act, shall be guilty of a class C misdemeanor.
History: L. 1974, ch. 375, § 7; July 1.
Any city having in effect on the effective date of this act, an ordinance meeting or exceeding the requirements contained herein shall be exempt from the provisions of this act, if such city submits said ordinance to the secretary and the secretary certifies that the ordinance prescribes standards at least equal to the standards established by this act.
History: L. 1974, ch. 375, § 8; L. 1978, ch. 336, § 19; July 1.
The secretary is hereby authorized to adopt such rules and regulations as are necessary to carry out the provisions of this act, in accordance with the provisions of K.S.A. 77-415 et seq., and amendments thereto.
History: L. 1974, ch. 375, § 9; L. 1978, ch. 336, § 20; July 1.
The legislature hereby declares it to be the policy of this state to announce publicly all requirements for architectural, engineering or land surveying services, and to negotiate contracts for architectural, engineering or land surveying services on the basis of demonstrated competence and qualification for the type of professional services required.
History: L. 1974, ch. 376, § 1; L. 2008, ch. 130, § 1; July 1.
As used in K.S.A. 75-1250 through 75-1267, and amendments thereto, unless the context otherwise requires, the following terms shall be defined as follows:
(a) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity that is permitted by law to practice the profession of architecture, engineering or land surveying.
(b) "Negotiating committee" means a committee to negotiate as provided in this act, and consisting of the following members: (1) The head of the state agency for which the proposed project is planned or of the state agency that controls and supervises the operation and management of the institution for which the proposed project is planned, if such is the case, or a person designated by the head of the agency; (2) the head of the institution for which the proposed project is planned, or a person designated by the head of the institution. When the proposed project is not planned for an institution, the state agency head shall designate a second person in lieu of the head of an institution; and (3) the secretary of administration, or a person designated by the secretary, who shall act as chairperson of the committee.
(c) "Architectural services" means any of the following: (1) The practice of architecture, as defined in K.S.A. 74-7003, and amendments thereto;
(2) the practice of landscape architecture, as defined in K.S.A. 74-7003, and amendments thereto; and
(3) interior design services.
(d) "Project architect, engineer or land surveyor" means a firm employed under K.S.A. 75-1250 through 75-1267, and amendments thereto, for a particular project.
(e) "State building advisory commission" means the state building advisory commission created by K.S.A. 75-3780, and amendments thereto, or any duly authorized officer or employee of such commission.
(f) "State agency" includes any state institution.
(g) "Engineering services" means those services described as the "practice of engineering," as defined in K.S.A. 74-7003, and amendments thereto, as related to building construction defined in this section.
(h) "Land surveying" means those services described as "professional surveying," as defined in K.S.A. 74-7003, and amendments thereto, as related to building construction defined in this section.
(i) "Agency head" means the chief administrative officer of a state agency, as the term is defined in subsection (3) of K.S.A. 75-3701, and amendments thereto, but shall not include the chief administrative officer of any state institution.
(j) "Building construction" means furnishing and utilizing labor, equipment, materials or supplies used or consumed for the construction, alteration, renovation, repair or maintenance of a building or structure. Building construction does not include highways, roads, bridges, dams, turnpikes or related structures, including, but not limited to, rest areas and visitor centers or stand-alone parking lots.
History: L. 1974, ch. 376, § 2; L. 1976, ch. 401, § 1; L. 1978, ch. 337, § 15; L. 1979, ch. 280, § 8; L. 1988, ch. 332, § 1; L. 1992, ch. 240, § 29; L. 2005, ch. 177, § 1; L. 2008, ch. 130, § 2; L. 2014, ch. 88, § 34; July 1.
In the procurement of architectural, engineering or land surveying services, the secretary of administration shall encourage firms engaged in the lawful practice of their profession to submit to the secretary and to the state building advisory commission annually a statement of qualifications and performance data. Such statement shall include the qualifications and performance data of all consultants the firm proposes to use.
History: L. 1974, ch. 376, § 3; L. 1978, ch. 337, § 16; L. 1979, ch. 280, § 9; L. 2008, ch. 130, § 3; July 1.
(a) (1) Whenever it becomes necessary in the judgment of the secretary of administration or in any case when the construction cost of a project for the construction of a building or for major repairs or improvements to a building for a state agency is expected to exceed the amount specified in paragraph (2), the secretary of administration shall convene a negotiating committee. The state building advisory commission shall prepare a list of at least three but not more than five firms that are, in the opinion of the state building advisory commission, qualified to serve as project architect, engineer or land surveyor for the project. Such list shall be submitted to the negotiating committee, without any recommendation of preference or other recommendation.
(2) The construction cost threshold to convene a negotiating committee as provided by paragraph (1) shall be $1,500,000 for fiscal year 2024. For fiscal year 2025, and all fiscal years thereafter, the threshold to convene a negotiating committee shall be the threshold amount for the immediately preceding fiscal year increased by an amount equal to 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 during the immediately preceding fiscal year rounded to the nearest whole dollar amount.
(b) The secretary of administration may combine two or more separate projects for the construction of buildings or for major repairs or improvements to buildings for state agencies, for the purpose of procuring architectural, engineering or land surveying services for all such projects from a single firm. In each case, the combined projects shall be construed to be a single project for all purposes under the provisions of K.S.A. 75-1250 through 75-1267, and amendments thereto.
(c) (1) This section shall not apply to any repetitive project with a standard plan that was originally designed by the secretary of administration or an agency architect pursuant to K.S.A. 75-1254(a)(2) and (3), and amendments thereto. In such a case, the secretary of administration or the agency architect may provide architectural services for the repetitive project.
(2) "Repetitive project" means a project that uses the same standard design as was used for a project constructed previously, including, but not limited to, sub-area shops and salt domes of the department of transportation and showers and toilet buildings of the Kansas department of wildlife and parks. The plans for the project may be modified as required for current codes, operational needs or cost control. The total floor area of the project may be increased by an area of not more than 25% of the floor area of the originally constructed project, except that not more than 25% of the linear feet of the exterior and interior walls may be moved for such increase. A project shall not be considered to be repetitive if it has been over four years between the substantial completion of the last project using the design plans and the appropriation of funds for the proposed project.
History: L. 1974, ch. 376, § 4; L. 1977, ch. 308, § 1; L. 1978, ch. 337, § 17; L. 1979, ch. 280, § 10; L. 1990, ch. 302, § 1; L. 1996, ch. 176, § 1; L. 2006, ch. 1, § 1; L. 2008, ch. 130, § 4; L. 2012, ch. 47, § 113; L. 2015, ch. 73, § 1; L. 2023, ch. 35, § 2; July 1.
(a) Whenever a negotiating committee is not convened in accordance with K.S.A. 75-1253, and amendments thereto, for a proposed project for the construction of a building or for major repairs or improvements to a building for a state agency, the secretary of administration shall:
(1) Conduct discussions with at least three firms regarding the proposed project, determine the architectural, engineering or land surveying services desired for such project, and negotiate a contract with one of such firms as project architect, engineer or land surveyor for the desired services for all phases of the project which are authorized by appropriations therefor at a rate of compensation in accordance with the provisions of K.S.A. 75-1263, and amendments thereto;
(2) undertake to provide all or part of the architectural, engineering or land surveying services for such project, including the construction administration services as described in K.S.A. 75-1260, and amendments thereto; or
(3) designate a qualified employee of the state agency or institution for which the project is being constructed, or of the state agency which controls and supervises the operation and management of such institution, to provide all or part of such services for the project; for the purposes of providing such architectural, engineering or land surveying services, such employee shall be known as the agency architect, engineer or land surveyor, as the case may be, for the project.
(b) The employee of such agency designated as the agency architect, engineer or land surveyor, as the case may be, for the project shall be a licensed architect, engineer or land surveyor under the provisions of K.S.A. 74-7001 to 74-7046, inclusive, and amendments thereto, and shall be found by the secretary of administration to be qualified to perform all of the architectural, engineering or land surveying services for the particular project, including the construction administration services as described in K.S.A. 75-1260, and amendments thereto.
(c) The secretary of administration or the agency architect, engineer or land surveyor for the project, as the case may be, shall provide the preliminary design services, construction contract documents, bidding services and construction administration services as described in K.S.A. 75-1260, and amendments thereto, for each phase of the project for which no firm is employed as project architect, engineer or land surveyor.
History: L. 1978, ch. 337, § 23; L. 1979, ch. 280, § 11; L. 1986, ch. 317, § 1; L. 2008, ch. 130, § 5; July 1.
A written description of the scope or program of the project shall be prepared by the head of the state agency for which the project is proposed and submitted to the negotiating committee. The negotiating committee may approve the description as submitted or may revise and amend or reject all or any part of such description. The description in the form approved by the negotiating committee shall be used in the negotiations between the committee and qualified firms. Such description shall be the basis for the project development and the project description shall not be altered therefrom without the prior approval of the negotiating committee.
History: L. 1974, ch. 376, § 5; L. 1976, ch. 401, § 2; July 1.
The negotiating committee for each proposed project shall have access to the current statements of qualifications of and performance data on the firms listed by the state building advisory commission under K.S.A. 75-1253 and all information and evaluations regarding such firms gathered and developed by the secretary of administration, with the advice of the state building advisory commission under K.S.A. 75-3783. The negotiating committee shall conduct discussions with each of the firms so listed regarding the anticipated project and then shall select a single firm therefrom.
History: L. 1974, ch. 376, § 6; L. 1978, ch. 337, § 18; September 1.
(a) Each negotiating committee shall decide which professional design services are desired and negotiate a contract with the selected firm for such professional design services as desired at a fair and reasonable rate of compensation. Whenever the project is for construction of a building or for major repairs or improvements for a building, such contract shall be for all phases of the project which are authorized by appropriations therefor.
(b) In such negotiations, the negotiating committee shall always consider demonstrated competence and qualifications, including satisfactory completion of any previous phase of work awarded for the same project, and shall take into account the estimated value of the services to be rendered and the scope, complexity and professional nature thereof. The negotiating committee shall attempt to negotiate a contract with any firm, which is on the list submitted by the state building advisory commission, for the later phases of work of any project upon which such firm has been awarded a contract and satisfactorily completed a previous phase of work.
(c) Should the negotiating committee be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, negotiations with that firm shall be terminated. The negotiating committee shall then undertake negotiations with the second most qualified firm. Failing of accord with the second most qualified firm, negotiations with such firm shall be terminated. The negotiating committee shall then undertake negotiations with the third, fourth and fifth most qualified firm in turn. Should the negotiating committee be unable to negotiate a satisfactory contract with any of the selected firms, the committee shall reevaluate the services and fee requirements and reopen negotiations with any of the nominated firms.
(d) Should the negotiating committee still be unable to enter into a contract, it shall request the state building advisory commission to provide another list of nominees as provided in K.S.A. 75-1253, and amendments thereto.
History: L. 1974, ch. 376, § 7; L. 1976, ch. 401, § 3; L. 1978, ch. 337, § 19; L. 1979, ch. 280, § 12; L. 2008, ch. 130, § 6; July 1.
(a) Each contract for architectural, engineering or land surveying services negotiated under K.S.A. 75-1254 or 75-1257, and amendments thereto, shall be entered into between the secretary of administration or the state agency and the firm selected as the project architect, engineer or land surveyor, as the case may be. Each such contract shall require the project architect, engineer or land surveyor, as the case may be, to submit evidence which is satisfactory to the secretary of administration that the firm has general professional liability insurance or specific professional liability insurance which is adequate for the project.
(b) In addition to the requirements in subsection (a), each such contract for architectural, engineering or land surveying services shall specify the responsibilities undertaken by the project architect, engineer or land surveyor and that the project architect, engineer or land surveyor, as the case may be, shall be responsible for such architect's, engineer's or land surveyor's negligent acts, errors or omissions in the performance of such contract.
History: L. 1978, ch. 337, § 20; L. 1979, ch. 280, § 13; L. 1989, ch. 261, § 1; L. 1996, ch. 86, § 1; L. 2008, ch. 130, § 7; July 1.
(a) The project architect, engineer or land surveyor employed by the secretary of administration to prepare the construction documents shall submit all construction documents to the secretary of administration and the state agency for which the project is being constructed. All construction documents prepared by the project architect, engineer or land surveyor shall be approved by the secretary of administration and the state agency prior to submitting the same to the director of purchases to solicit bids thereon.
(b) The review of the construction documents by the secretary of administration and the state agency under this section shall be limited to ensuring only that such documents do not change the project description approved under K.S.A. 75-1255, and amendments thereto, and that the same comply with the standards established under K.S.A. 75-3783, and amendments thereto, by the secretary of administration with the advice of the state building advisory commission for the planning, design and construction of buildings and major repairs and improvements to buildings for state agencies.
(c) If the construction documents are prepared by the secretary of administration, the same shall be submitted to and approved by the state agency prior to submission to the director of purchases. If the construction documents are prepared by an agency architect, engineer or land surveyor as provided in K.S.A. 75-1254, and amendments thereto, the same shall be submitted to, reviewed and approved by the secretary of administration under this section prior to submission to the director of purchases.
(d) The construction documents for a capital improvement project for the construction of a building or for major repairs or improvements to a building for the use or benefit of a state agency, shall prescribe standards for energy conservation which provide the highest level of energy conservation and efficiency that is practical for the project, as determined by the secretary of administration. The standards for energy conservation determined practical for the project by the secretary of administration shall be included as program and base bid requirements for the project and not as alternates.
History: L. 1978, ch. 337, § 24; L. 1979, ch. 280, § 14; L. 1986, ch. 317, § 2; L. 1995, ch. 166, § 1; L. 2008, ch. 130, § 8; July 1.
Subject to the provisions of K.S.A. 75-1250 through 75-1268, and amendments thereto, and appropriation acts, any firm employed as project architect, engineer or land surveyor to perform construction administration services shall:
(a) Advise, consult, and represent the secretary of administration in the administration of the construction contract or contracts;
(b) make periodic site visits to determine if the progress and quality of the work of the project is in accordance with the contract documents and make recommendations to the secretary of administration thereon;
(c) review and approve shop drawings of fabricators and manufacturers, and samples of materials for conformance with drawings and specifications and submit copies of approved shop drawings to the secretary of administration and the state agency for which the project is being constructed for their information;
(d) initiate and prepare change orders for approval by the secretary of administration and issue field orders to provide for adjustments or changes in work;
(e) determine dates of substantial and final completion; and
(f) issue certificates of payment in the amount determined as due the contractor, except that in cases where bids were let for the three specified portions of the project and not for the project as a whole under subsection (b) of K.S.A. 75-3741, and amendments thereto, such certificates shall be issued to each contractor only after consultation with the prime contractor.
History: L. 1974, ch. 376, § 8; L. 1978, ch. 337, § 21; L. 1979, ch. 280, § 15; L. 2008, ch. 130, § 9; July 1.
If a contract to provide construction administration services as described in K.S.A. 75-1260, and amendments thereto, is not entered into, such construction administration services shall be the responsibility of the secretary of administration or the agency architect, engineer or land surveyor for the project as provided in K.S.A. 75-1254, and amendments thereto.
History: L. 1974, ch. 376, § 9; L. 1976, ch. 401, § 4; L. 1978, ch. 337, § 22; L. 1979, ch. 280, § 16; L. 2008, ch. 130, § 10; July 1.
(a) In performing the construction administration services described in K.S.A. 75-1260, and amendments thereto, the project architect, engineer or land surveyor or, if there is no project architect, engineer or land surveyor, the secretary of administration or the agency architect, engineer or land surveyor as provided in K.S.A. 75-1254, and amendments thereto, shall have primary responsibility to determine if the progress and quality of the work of the project is in accordance with the contract documents. The state agency for which the project is being constructed may perform and the secretary of administration shall perform periodic inspection of the construction project. In no case shall such inspections by the state agency or the secretary of administration relieve the project architect, engineer or land surveyor of any part of its authority or responsibility to perform all construction administration services as described in K.S.A. 75-1260, and amendments thereto.
(b) When the project architect, engineer or land surveyor or, if there is no project architect, engineer or land surveyor, the secretary of administration or the agency architect, engineer or land surveyor as provided in K.S.A. 75-1254, and amendments thereto, determines that a project has been satisfactorily completed, such project architect, engineer or land surveyor, secretary or agency architect, engineer or land surveyor shall make that determination and shall send a notice of such determination to the state agency for which the project was completed and to the secretary of administration. The final inspection of the project shall be conducted jointly by the project architect, engineer or land surveyor, if there is one, the state agency and the secretary of administration.
(c) The results of such final inspection shall be reported to the secretary of administration. Upon determining that the project has been satisfactorily completed, based on the recommendations of the project architect, engineer or land surveyor, if there is one, and the state agency and on other information, the secretary of administration shall officially accept the project as satisfactorily complete and thereby authorize the state agency for which the project was completed to occupy and make use of the project. No state agency shall occupy or make use of any building or portion thereof which has been constructed, or any areas of a building which were repaired or improved, until the project therefor has been officially accepted as provided in this section, except that an agency may occupy all or any area of any such building for which the contractor has agreed in writing to complete and correct all work for the project in accordance with the contract documents within a time specified after the date of such occupancy.
(d) Within nine months after official acceptance of a project, the state agency for which the project was completed and the secretary of administration shall conduct a full inspection of the completed project and shall promptly notify the appropriate contractor of any claims resulting therefrom.
(e) In performing the inspection services pursuant to this section, the secretary of administration, with the concurrence of the state agency that owns the property, may use inspection services of the city, township, county or other political subdivision in which the project is located, in accordance with K.S.A. 75-3741c, and amendments thereto.
History: L. 1978, ch. 337, § 25; L. 1979, ch. 280, § 17; L. 2003, ch. 92, § 1; L. 2008, ch. 130, § 11; July 1.
(a) Fees paid to firms employed as project architect, engineer or land surveyor to provide professional design services shall be negotiated at a fair and reasonable rate of compensation by the secretary of administration for preliminary design services, construction documents, bidding services and the construction administration services specified in K.S.A. 75-1260, and amendments thereto.
(b) The secretary of administration shall maintain and publish guidelines for fees based on the projected cost of a project, the complexity of a project, the type of construction for the project and the level of services to be provided, as factors in establishing the rate or amount of such fees.
(c) When a prior project architect, the secretary of administration or any agency architect as provided in K.S.A. 75-1254, and amendments thereto, provides preliminary design services and the project architect provides construction documents, bidding services and construction administration services, compensation shall be reduced by the negotiating committee which shall determine the value of the services to be performed and shall adjust the fee accordingly.
(d) When a prior project architect, engineer or land surveyor, as the case may be, the secretary of administration or an agency architect, engineer or land surveyor, as provided in K.S.A. 75-1254, and amendments thereto, provides preliminary design services, bidding services and construction administration services, compensation shall be reduced by the negotiating committee which shall determine the value of the services to be performed and shall adjust the fee accordingly.
(e) For purposes of computing the project architect's, engineer's or land surveyor's maximum fees, the estimated cost of construction shall be that provided in the original program cost estimate for the project. The estimated cost of the project shall not be reduced or increased without the prior approval of the negotiating committee which approved the project description under K.S.A. 75-1255, and amendments thereto. The project architect's, engineer's or land surveyor's maximum fee shall not be reduced or increased except that the project architect, engineer or land surveyor may be paid additional fees as a result of change orders initiated by the state or for additional services which are the result of changes in the scope or program of the project or construction circumstances beyond the control of the project architect, engineer or land surveyor or the state. Any increase in the fees paid to a project architect, engineer or land surveyor above the fees previously established for the project shall receive the prior approval of the negotiating committee which approved the project description under K.S.A. 75-1255, and amendments thereto, and, upon such approval, shall constitute a revised fee under this section.
(f) Fees of project architects, engineers or land surveyors shall be paid from appropriations for the particular project for which the project architect, engineer or land surveyor is employed and in no case shall the amount appropriated for a project be exceeded for any increase in a project architect's, engineer's or land surveyor's fees. The secretary of administration shall report to the joint committee on state building construction all actions relating to any changes to the published guidelines for fees under subsection (a)(1) paid to a project architect, engineer or land surveyor above the previously established maximum for the project.
History: L. 1974, ch. 376, § 10; L. 1978, ch. 337, § 27; L. 1979, ch. 280, § 18; L. 1986, ch. 317, § 3; L. 1990, ch. 303, § 1; L. 2008, ch. 130, § 12; July 1.
(a) The secretary of administration shall issue monthly reports of progress and advise, consult with and cooperate with the joint committee on state building construction.
(b) Change orders or changes in plans involving cost increases of less than $125,000 and any change order or change in plans involving a cost reduction, other than a change in the proposed use of any new or remodeled building, may be authorized or approved by the secretary of administration without prior consultation with the joint committee on state building construction. The secretary of administration shall report to the joint committee on state building construction all action relating to such change orders or changes in plans.
(c) No change order or change in plans involving any cost increases of $125,000 or more and no change in the proposed use of any new or remodeled building shall be authorized or approved by the secretary of administration without having first advised and consulted with the joint committee on state building construction.
(d) (1) If the secretary of administration 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 new or remodeled building that the secretary is required by this section 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 secretary may use the procedure authorized by this subsection in lieu of advising and consulting with the joint committee at a meeting. In any such case, the secretary of administration shall mail a summary description of the proposed change order, change in plans or change in the proposed use of any new or remodeled building to each member of the joint committee on state building construction and to the director of the legislative research department. Each such summary description shall include a notice specifying the date it was mailed.
(2) After receiving any such summary description, each member shall review the information about the proposed change order, change in plans or change in proposed use and may request a presentation and review of the proposed change order, change in plans or change in proposed use at a meeting of the joint committee. If two or more members of the joint committee contact the director of the legislative research department within seven business days of the date specified in the summary description and request such presentation and review, then the director of the legislative research department shall notify the secretary of administration and the chairperson of the joint committee that a meeting has been requested for such presentation and review. Upon receiving such notification, the chairperson shall call a meeting of the joint committee as soon as practicable for the purpose of such presentation and review and shall furnish the secretary of administration with notice of the time, date and place of the meeting. In any such case, the secretary of administration shall not authorize or approve such proposed change order, change in plans or change in proposed use without having first advised and consulted with the joint committee at a meeting.
(3) 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 secretary of administration 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.
History: L. 1974, ch. 376, § 11; L. 1978, ch. 337, § 28; L. 1990, ch. 304, § 1; L. 2000, ch. 149, § 2; L. 2008, ch. 130, § 13; July 1.
Whenever the negotiating committee and the secretary of administration, with the advice of the state building advisory commission, agree with regard to a specific project that the best interests of the state would be served, the secretary of administration or state agency may enter into a contract with any qualified company or person for construction management services for such project. Such services may include: Detail cost estimating, critical path method scheduling and monitoring, drafting contract documents for necessary phasing and grouping, drafting contracts and change orders, full-time inspection and checking and approving shop drawings, color schedules, and materials. The fee for services under this section shall be negotiated by the negotiating committee but shall not exceed 1% of the estimated cost of the project, and such fees shall be in addition to fees authorized under K.S.A. 75-1263, and amendments thereto.
History: L. 1974, ch. 376, § 12; L. 1978, ch. 337, § 29; L. 2008, ch. 130, § 14; July 1.
The secretary of administration shall adopt such rules and regulations as may be necessary for the proper administration of this act and the act of which this act is amendatory.
History: L. 1976, ch. 401, § 5; July 1.
(a) The secretary of administration shall obtain and maintain copies of all drawings, specifications, contracts, change orders, field orders, warranties and other documents relating to all capital improvement projects for the construction of buildings or for major repairs or improvements to buildings for state agencies. It is the responsibility of the secretary of administration to prepare all of the necessary documentation to support claims by the state against any project architect, engineer, land surveyor, contractor, manufacturer, supplier or other person regarding any such capital improvement project.
(b) It is the responsibility of each state agency for which such a capital improvement project was completed to initially refer all claims on behalf of the state arising from the project to the secretary of administration. The secretary of administration shall attempt to attain an informal or formal resolution of all such claims in a manner satisfactory to the interests of the state. Failing such a resolution, the secretary of administration shall refer and the state agency for which the project was completed may refer all such claims to the attorney general for action. Written notice of each such referral to the attorney general shall be given to the governor by the secretary of administration and the state agency making such referral. Upon each such referral, the attorney general shall institute and prosecute all appropriate legal proceedings regarding such claims.
(c) On or before November 15 each year, the secretary of administration shall report to the joint committee on state building construction as to the nature and status of all claims made on behalf of the state arising from state projects for the construction of buildings or major repairs or improvements to buildings which are referred to or acted on by the secretary of administration under this section, and shall include in such report any recommendations deemed appropriate by the secretary of administration.
(d) No document required to be kept and maintained under this section which relates to any correctional institution, as defined by K.S.A. 75-5202, and amendments thereto, or any other facility under the jurisdiction and control of the secretary of corrections or to any secured area or other area where public access is limited, shall be open for public inspection or reproduction under K.S.A. 45-201 and 45-202, and amendments thereto. The secretary of administration may limit reproduction of any other documents required to be kept and maintained under this section which may be used for commercial or similar purposes to the extent deemed appropriate by the secretary in the best interests of the state, except that there shall be no limitation on the reproduction of documents pertaining to buildings on the state or national register of historic places unless inspection of any such document is prohibited by the terms of the preceding sentence.
History: L. 1978, ch. 337, § 26; L. 1983, ch. 297, § 1; L. 2008, ch. 130, § 15; July 1.
Whenever architectural, engineering or land surveying services are required by a state agency for any purpose, other than for a specific project for the construction of a building or for major repairs or improvements to a building, the secretary of administration or the state agency may negotiate and enter into a contract with a qualified architect, engineer or land surveyor for the required services. Such contracts shall not be subject to the provisions of K.S.A. 75-3739, and amendments thereto, or to the provisions of the acts contained in K.S.A. 75-1250 to 75-1268, and amendments thereto.
History: L. 1979, ch. 280, § 7; L. 2008, ch. 130, § 16; July 1.
(a) The provisions of this section shall apply to any capital improvement project that is funded from the Kansas educational building fund or state institutions building fund and for which the department of administration will provide architectural services, engineering services or management services.
(b) (1) When in-house architectural design services under K.S.A. 75-1254, and amendments thereto, or in-house engineering design services are provided by the department of administration for any project authorized pursuant to this section the secretary of administration or the secretary's designee shall negotiate a design fee with the state agency for which the project is being constructed. The negotiated design fee shall be fixed in an amount not to exceed the actual costs to the department of administration of providing those services.
(2) The secretary of administration is authorized to fix, charge and collect fees for all other architectural, engineering and management services provided by the department of administration for projects authorized pursuant to this section. The secretary of administration shall use the projected cost of a project, the complexity of a project, the type of construction involved in a project and the level of services provided by the department of administration as factors in establishing the rate or amount of such fees. The state agency for which the project is being constructed shall remit the fees established under this paragraph to the secretary of administration or the secretary's designee according to the following schedule:
(A) For any project with a total estimated cost of less than $3,000,000, the entire fee shall be paid at the time the construction contracts for the project are bid.
(B) For any project with a total estimated cost of $3,000,000 or more, one-half of the fee shall be paid at the time the construction contracts for the project are bid, and the remaining one-half shall be paid when construction of the project is 50% complete.
(c) As used in this section:
(1) "Architectural services" has the meaning ascribed thereto by K.S.A. 75-1251, and amendments thereto;
(2) "engineering services" has the meaning ascribed thereto by K.S.A. 75-5802, and amendments thereto; and
(3) "management services" means management, consultation, direction, oversight, inspection and other services performed by the secretary of administration under K.S.A. 75-1250 to 75-1268, inclusive, 75-3740 to 75-3742, inclusive, 75-3783 to 75-3785, inclusive, and 75-5801 to 75-5807, inclusive, and any amendments to such statutes.
(d) All moneys received by the secretary of administration under this section shall be credited to the architectural services recovery fund, which is hereby created in the state treasury. All expenditures from the architectural services recovery fund shall be for operating expenditures of the department of administration in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of administration or by a person or persons designated by the secretary.
History: L. 1983, ch. 268, § 1; L. 1985, ch. 272, § 2; L. 1985, ch. 272, § 3; L. 2005, ch. 177, § 2; L. 2008, ch. 130, § 17; July 1.
No fee shall be charged or collected under K.S.A. 75-1269 and amendments thereto for the capital improvement project for the new coliseum for Kansas state university, the new human development center at the university of Kansas or the recital hall at Wichita state university.
History: L. 1985, ch. 272, § 1; July 1.
History: R.S. 1923, 75-1301; L. 1927, ch. 297, § 1; Repealed, L. 1947, ch. 102, § 143; June 30.
History: L. 1897, ch. 47, § 22; R.S. 1923, 75-1302; Repealed, L. 1947, ch. 102, § 143; June 30.
History: L. 1897, ch. 47, § 56; L. 1919, ch. 92, § 1; R.S. 1923, 75-1303; L. 1943, ch. 269, § 22; Repealed, L. 1947, ch. 102, § 143; June 30.
(a) The governor shall appoint, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto, a state bank commissioner who shall serve at the pleasure of the governor. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as bank commissioner shall exercise any power, duty or function as bank commissioner until confirmed by the senate.
(b) No person shall be eligible for appointment as commissioner unless such person has at least five years actual experience as an executive officer in a state or national bank located in this state.
(c) The commissioner shall devote the commissioner's time and attention to the business and duties of the office on a full-time basis.
(d) While serving as bank commissioner, the commissioner shall not be an officer, voting director, employee or paid consultant of:
(1) Any state or national bank or bank holding company;
(2) any affiliate of a state or national bank or bank holding company; or
(3) any other entity regulated by the commissioner.
History: L. 1947, ch. 102, § 83; L. 1978, ch. 308, § 71; L. 1981, ch. 299, § 62; L. 1982, ch. 347, § 50; L. 1999, ch. 166, § 1; L. 2008, ch. 121, § 19; July 1.
The commissioner, his or her assistant and examiners, before entering upon the discharge of their duties shall take and subscribe the usual oath of office.
History: L. 1947, ch. 102, § 84; L. 1967, ch. 434, § 52; July 1.
It shall be the duty of the secretary of administration to provide the commissioner with suitable office space at Topeka.
History: L. 1947, ch. 102, § 85; L. 1953, ch. 375, § 69; L. 1978, ch. 330, § 11; July 1.
History: L. 1947, ch. 102, § 86; Repealed, L. 1961, ch. 408, § 1; June 30.
The commissioner shall keep a record of all fees collected by the commissioner, together with a record of all expenses incurred in the administration of programs regulated by the division of banking and in the administration of programs regulated by the division of consumer and mortgage lending. The bank commissioner shall remit all moneys received by or for the commissioner from such 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 bank commissioner fee fund. All expenditures from the bank commissioner 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 bank commissioner or by a person or persons designated by the commissioner.
History: L. 1947, ch. 102, § 94; L. 1973, ch. 50, § 1; L. 1999, ch. 166, § 10; L. 2001, ch. 5, § 366; L. 2004, ch. 22, § 22; L. 2011, ch. 53, § 55; July 1.
The savings and loan department and the office of savings and loan commissioner created by K.S.A. 74-3104 and amendments thereto are hereby abolished on the effective date of this act. On the effective date of this act, all of the powers, duties and functions of the existing savings and loan department and the existing savings and loan commissioner are hereby transferred to and conferred upon the office of state bank commissioner created by K.S.A. 75-1304 and amendments thereto.
History: L. 1993, ch. 16, § 1; June 18.
(a) The state bank commissioner shall be the successor in every way to the powers, duties and functions of the savings and loan commissioner 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 bank commissioner shall be deemed to have the same force and effect as if performed by the savings and loan commissioner in which such powers, duties and functions were vested prior to the effective date of this act.
(b) Whenever the savings and loan department or savings and loan commissioner, 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 state bank commissioner.
(c) All orders and directives of the savings and loan department or savings and loan commissioner 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 bank commissioner 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 department or savings and loan commissioner, the state bank commissioner shall succeed to such power or authority.
History: L. 1993, ch. 16, § 3; June 18.
The state bank commissioner 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 pursuant to this act. Any conflict as to the proper disposition of property, personnel or records arising under this act shall be determined by the state bank commissioner, whose decision shall be final.
History: L. 1993, ch. 16, § 5; June 18.
(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 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. 1993, ch. 16, § 6; June 18.
On the effective date of this act, the balances of all funds appropriated or reappropriated for the savings and loan department, are hereby transferred to the state bank commissioner. The director of accounts and reports shall transfer all moneys in the savings and loan fee fund to the bank commissioner fee fund. On the effective date of this act, all liabilities of the savings and loan fee fund existing prior to the effective date of this act are imposed on the bank commissioner fee fund. The savings and loan fee fund is hereby abolished.
History: L. 1993, ch. 16, § 7; L. 1994, ch. 33, § 5; July 1.
The office of the consumer credit commissioner created by K.S.A. 16-403, and amendments thereto, is hereby abolished. Except as otherwise provided in this act, all of the powers, duties and functions of the existing consumer credit commissioner are hereby transferred to and conferred and imposed upon the state bank commissioner established by K.S.A. 75-1304, and amendments thereto.
History: L. 1999, ch. 166, § 2; July 1.
(a) (1) Except as provided in subsection (2), the state bank commissioner shall be the successor in every way to the powers, duties and functions of the consumer credit commissioner 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 bank commissioner shall be deemed to have the same force and effect as if performed by the consumer credit commissioner in which such powers, duties and functions were vested prior to the effective date of this act.
(2) The deputy commissioner for consumer and mortgage lending shall be the successor in every way to those powers, duties and functions of the consumer credit commissioner concerning the administration of the uniform consumer credit code (K.S.A. 16a-1-101 et seq., and amendments thereto) 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 deputy commissioner for consumer and mortgage lending shall be deemed to have the same force and effect as if performed by the consumer credit commissioner in which such powers, duties and functions were vested prior to the effective date of this act.
(b) (1) Except as provided in subsection (2), whenever the consumer credit commissioner, 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 state bank commissioner.
(2) Whenever the consumer credit commissioner, or words of like effect, are referred to or designated by a statute, contract or other document concerning the administration of the uniform consumer credit code (K.S.A. 16a-1-101 et seq., and amendments thereto) such reference or designation shall be deemed to apply to the deputy commissioner for consumer and mortgage lending.
(c) (1) Except as provided in subsection (2), all orders and directives of the consumer credit commissioner 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 bank commissioner until revised, amended or nullified pursuant to law.
(2) All orders and directives of the consumer credit commissioner concerning the administration of the uniform consumer credit code (K.S.A. 16a-1-101 et seq., and amendments thereto) 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 deputy commissioner for consumer and mortgage lending until revised, amended or nullified pursuant to law.
(d) (1) Except as provided in subsection (2), all rules and regulations of the consumer credit commissioner, 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 state bank commissioner until revised, amended, revoked or nullified pursuant to law.
(2) All rules and regulations of the consumer credit commissioner concerning the administration of the uniform consumer credit code (K.S.A. 16a-1-101 et seq., and amendments thereto) 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 deputy commissioner for consumer and mortgage lending until revised, amended, revoked or nullified pursuant to law.
(e) The state bank commissioner shall succeed to whatever right, title or interest the consumer credit commissioner has acquired in any real property in this state, and the state bank commissioner shall hold the same for and in the name of the state of Kansas.
(f) (1) Except as provided in subsection (2), on and after the effective date of this act, whenever any statute, contract or other document concerns the power or authority of the consumer credit commissioner, the state bank commissioner shall succeed to such power or authority.
(2) On and after the effective date of this act, whenever any statute, contract or other document concerns the power or authority of the consumer credit commissioner concerning the administration of the uniform consumer credit code (K.S.A. 16a-1-101 et seq., and amendments thereto) the deputy commissioner for consumer and mortgage lending shall succeed to such power or authority.
History: L. 1999, ch. 166, § 3; 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, 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 state bank commissioner 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 bank commissioner. The deputy commissioner for consumer and mortgage lending shall succeed to all property, property rights and records which were used for or pertain to the performance of the powers, duties and functions concerning the administration of the uniform consumer credit code (K.S.A. 16a-1-101 et seq., and amendments thereto) transferred to the deputy commissioner for consumer and mortgage lending. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer, attachment or all or part of the powers, duties and functions of the consumer credit commissioner, shall be determined by the governor, whose decision shall be final.
History: L. 1999, ch. 166, § 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 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 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. 1999, ch. 166, § 5; July 1.
(a) On the effective date of this act, the balances of all funds appropriated or reappropriated for the consumer credit commissioner are hereby transferred to the state bank commissioner. The director of accounts and reports shall transfer all moneys in the consumer credit fee fund to the bank commissioner fee fund. On the effective date of this act, all liabilities of the consumer credit fee fund existing prior to the effective date of this act are imposed on the bank commissioner fee fund. The consumer credit fee fund is hereby abolished.
(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 officer transferred by this act, or which becomes a part of the office of the state bank commissioner or the powers, duties and functions of which are transferred to the bank commissioner, shall be assumed and paid by the state bank commissioner.
History: L. 1999, ch. 166, § 6; July 1.
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 involved in the administration of any law administered by the consumer credit commissioner, and who, in the opinion of the state bank commissioner, are necessary to perform the powers, duties and functions involved in the administration of any law administered by the consumer credit commissioner, shall be transferred to, and shall become officers and employees of the bank commissioner. 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.
History: L. 1999, ch. 166, § 7; July 1.
History: L. 1927, ch. 295, § 1; L. 1943, ch. 277, § 11; Repealed, L. 1943, ch. 133, § 216; July 1.
History: L. 1927, ch. 295, § 2; Repealed, L. 1943, ch. 133, § 216; July 1.
History: L. 1927, ch. 295, §§ 3, 4; Repealed, L. 1943, ch. 133, § 216; July 1.
History: L. 1927, ch. 242, § 1; L. 1933, ch. 271, § 5; L. 1937, ch. 329, § 17; L. 1965, ch. 435, § 2; Repealed, L. 2001, ch. 32, § 24; July 1.
History: L. 1917, ch. 198, § 1; R.S. 1923, 75-1501; Repealed, L. 1933, ch. 285, § 18; July 1.
History: L. 1917, ch. 198, § 2; R.S. 1923, 75-1502; Repealed, L. 1939, ch. 297, § 8; April 17.
While any vacancy shall exist in the office of the state fire marshal or during his or her absence or inability to perform his or her duties, the same shall devolve upon and be performed by the chief deputy state fire marshal.
History: L. 1917, ch. 198, § 3; March 8; R.S. 1923, 75-1503.
History: L. 1917, ch. 198, § 4; R.S. 1923, 75-1504; Repealed, L. 1939, ch. 297, § 8; April 17.
The state fire marshal shall keep in his or her office a record of all fires occurring in the state, showing the name or names of the owners of personal and real property and the name or names of the occupants of buildings where fires occur, the total amount of insurance carried, the total amount of insurance collected, the total amount of loss to the property owner, together with all the facts, statistics and circumstances, including the origin of the fire, which may be determined by the investigation provided by this act. Such records shall at all times be open to public inspection and such portions of it as the state commissioner of insurance may deem necessary shall be transcribed and forwarded to him or her whenever any such information is requested by him or her.
History: L. 1917, ch. 198, § 6; March 8; R.S. 1923, 75-1505.
The state fire marshal shall devote his or her entire time to the duties of his or her office, and the state fire marshal or his or her chief deputy, except when engaged elsewhere in the performance of their duties, shall be at all reasonable times at the office of the state fire marshal, ready for such duties.
History: L. 1917, ch. 198, § 15; March 8; R.S. 1923, 75-1506.
The state fire marshal shall make an annual report to the governor not later than the first day of February of each year of the official actions in the transaction of his or her department.
History: L. 1917, ch. 198, § 17; March 8; R.S. 1923, 75-1507.
(a) For the purpose of maintaining the department of the state fire marshal and the payment of the expenses incident thereto, each fire insurance company doing business in this state shall pay to the commissioner of insurance, on or before March 15 each year, in addition to the taxes, fees and charges now required by law to be paid by it, such levy as may be made by the state fire marshal. The levy shall not be more than .80% for calendar year 2004, and each calendar year thereafter, of a sum equal to the gross cash receipts as premiums of such company on all fire business transacted by it in the state of Kansas during the calendar year next preceding, as shown by its annual statement under oath to the state insurance department.
(b) For the purposes of maintaining the emergency medical services board and the payment of the expenses incident thereto, each fire insurance company doing business in this state shall pay to the commissioner of insurance, on or before March 15 each year, beginning with calendar year 2002 and each calendar year thereafter, in addition to the taxes, fees and charges now required by law to be paid by it, such levy as may be made by the emergency medical services board. The levy shall not be more than .25% of a sum equal to the gross cash receipts as premiums of such company on all fire business transacted by it in the state of Kansas during the calendar year next preceding, as shown by its annual statement to the state insurance department generated by or at the direction of its president and secretary or other chief officers under penalty of K.S.A. 21-5824, and amendments thereto.
(c) For the purposes of maintaining the fire service training program of the university of Kansas and the payment of the expenses incident thereto, each fire insurance company doing business in this state shall pay to the commissioner of insurance, on or before March 15 each year, beginning with calendar year 2004, and each calendar year thereafter, in addition to the taxes, fees and charges now required by law to be paid by it, such levy as may be made by the Kansas fire service training commission. The levy shall not be more than .20% of a sum equal to the gross cash receipts as premiums of such company on all fire business transacted by it in the state of Kansas during the calendar year next preceding, as shown by its annual statement under oath to the state insurance department.
(d) The director of the fire service training program of the university of Kansas shall submit a report concerning expenditures and activities of the fire service training program of the university of Kansas to the house committee on appropriations on or before February 1, 2005, and each ensuing year thereafter.
History: R.S. 1923, 75-1508; L. 1939, ch. 297, § 6; L. 1957, ch. 440, § 1; L. 1973, ch. 309, § 41; L. 1983, ch. 277, § 1; L. 2002, ch. 147, § 2; L. 2003, ch. 6, § 1; L. 2004, ch. 49, § 1; L. 2007, ch. 122, § 6; L. 2011, ch. 30, § 273; July 1.
History: L. 1923, ch. 19, § 1; R.S. 1923, 75-1509; L. 1956, ch. 52, § 27; L. 1957, ch. 431, § 23; L. 1963, ch. 398, § 30; L. 1973, ch. 309, § 42; Repealed, L. 1983, ch. 278, § 2; July 1.
There is hereby established the office of state fire marshal. The state fire marshal shall be appointed by the governor and shall serve at the pleasure of the governor. Any person appointed state fire marshal 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 as state fire marshal shall exercise any power, duty or function as state fire marshal until confirmed by the senate. Any person appointed as state fire marshal, at the time of appointment, shall have had not less than five years' experience in fire prevention and inspection, safety inspection or investigation, or any combination thereof. The state fire marshal shall maintain an office in the city of Topeka.
History: L. 1939, ch. 297, § 1; L. 1957, ch. 442, § 9; L. 1967, ch. 434, § 53; L. 1978, ch. 341, § 1; L. 1982, ch. 347, § 51; L. 2008, ch. 121, § 20; L. 2012, ch. 92, § 1; July 1.
All the jurisdiction, rights, powers, duties and authority now vested in or imposed upon the Kansas state department of inspections and registration or the director thereof which were transferred to said department or the director thereof from the state fire marshal by the provisions of chapter 285 of the Laws of 1933, and including the jurisdiction, rights, powers, duties and authority conferred, imposed and provided in chapter 31, section 72-4605, 75-1503 and 75-1505 to 75-1509, both sections inclusive, of the General Statutes of 1935 and acts amendatory thereof and supplemental thereto are hereby transferred to, vested in and imposed upon the state fire marshal created in this act.
History: L. 1939, ch. 297, § 2; April 17.
History: L. 1939, ch. 297, § 3; Repealed, L. 1951, ch. 445, § 1; June 30.
The state fire marshal may make application for and accept gifts, grants and donations of property from private persons or from any agency of the state or federal government granted or given for a purpose consistent with performing the state fire marshal's duties as authorized or directed by law. The state fire marshal shall remit all moneys received 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 fire marshal's gratuities 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 state fire marshal or by a person or persons designated by the state fire marshal.
History: L. 1973, ch. 338, § 1; L. 2001, ch. 5, § 367; July 1.
(a) The commissioner of insurance shall remit all moneys received by the commissioner under K.S.A. 75-1508, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. The state treasurer shall credit 10% of each such deposit to the state general fund, up to an aggregate amount not to exceed $100,000 in each fiscal year, and shall credit the remainder of each such deposit as follows:
(1) 64% to the fire marshal fee fund established pursuant to this section;
(2) 20% to the emergency medical services operating fund established pursuant to K.S.A. 65-6151, and amendments thereto; and
(3) 16% to the fire service training program fund established pursuant to K.S.A. 76-327c, and amendments thereto.
(b) There is hereby created the fire marshal fee fund in the state treasury. All expenditures from the fire marshal 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 state fire marshal or a person or persons designated by the state fire marshal.
(c) The amount that is credited to the state general fund pursuant to subsection (a) shall be to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services and any other governmental services that are performed on behalf of the state fire marshal, the emergency services medical board and the fire service training program of the university of Kansas by other state agencies that receive appropriations from the state general fund to provide such services.
History: L. 1983, ch. 278, § 1; L. 1992, ch. 220, § 3; L. 2001, ch. 5, § 368; L. 2002, ch. 147, § 3; L. 2004, ch. 49, § 2; L. 2011, ch. 53, § 56; L. 2021, ch. 22, § 1; July 1.
The attorney general shall appoint, with the approval of the state fire marshal, an assistant attorney general who shall be the attorney for the state fire marshal and the office of the state fire marshal. Such attorney shall receive an annual salary fixed by the attorney general with the approval of the state fire marshal. Such salary shall be paid from moneys appropriated for the state fire marshal.
History: L. 1990, ch. 136, § 1; July 1.
The assistant attorney general appointed under K.S.A. 75-1515 shall be the legal advisor for the office of the state fire marshal. The assistant attorney general appointed under K.S.A. 75-1515 shall appear for and on behalf of the state fire marshal, or any of the deputies of the state fire marshal, in any litigation that may arise in the discharge of the duties of the office of the state fire marshal.
History: L. 1972, ch. 157, § 18; L. 1990, ch. 136, § 2; July 1.
(a) If, upon inspection for compliance with federal law pursuant to oversight by the centers for medicare and medicaid services of a medical care facility, adult care home, assisted living facility or special hospital by an officer of the state fire marshal, deficiencies are found, such medical care facility, adult care home, assisted living facility or special hospital within 10 calendar days after receipt of the statement of deficiencies, may make a written request to the state fire marshal for informal dispute resolution. The medical care facility, adult care home, assisted living facility or special hospital may make not more than one request for a two-tier informal dispute resolution per inspection to dispute any deficiencies with which such medical care facility, adult care home, assisted living facility or special hospital disagrees, based on the statement of deficiencies and any other materials submitted, except that such medical care facility, adult care home, assisted living facility or special hospital shall have an opportunity to supplement such material prior to a disposition of the claim. The state fire marshal shall hold an informal dispute resolution meeting with such medical care facility, adult care home, assisted living facility or special hospital in person upon request of the medical care facility, adult care home, assisted living facility or special hospital. The first-tier of the informal dispute resolution shall be conducted within 30 days of receipt of the written request from the medical care facility, adult care home, assisted living facility or special hospital. The medical care facility, adult care home, assisted living facility or special hospital shall be notified of the results of the first-tier informal dispute resolution on or before 10 days of the disposition being rendered.
(b) A written request for informal dispute resolution shall:
(1) State the specific deficiencies being disputed;
(2) provide a detailed explanation of the basis for the dispute; and
(3) include any supporting documentation, including any information that was not available at the time of the inspection.
(c) The medical care facility, adult care home, assisted living facility or special hospital may challenge the decision of the first-tier informal dispute resolution and may request completion of the second-tier of informal dispute resolution by a three-person panel appointed by the state fire marshal. No more than one panel member shall be an employee of the state fire marshal, and such member shall not be the person who conducted the first-tier of the informal dispute resolution. At least two panel members shall not be employees of the state fire marshal and shall have suitable expertise to review the disputed deficiency or deficiencies. The second-tier informal dispute resolution shall take place within 30 days of the request by the medical care facility, adult care home, assisted living facility or special hospital. The medical care facility, adult care home, assisted living facility or special hospital shall be notified of the results of the second-tier informal dispute resolution within 10 days of the disposition being rendered.
(d) The state fire marshal may fix, charge and collect a fee from a medical care facility, adult care home, assisted living facility or special hospital requesting a second-tier informal dispute resolution review panel to recover all or part of the costs incurred by state fire marshal for holding such second-tier informal dispute resolution panel under this section that shall not exceed $250.
(e) Any decision or proposed resolution of the informal dispute resolution panel under this section shall be advisory to the state fire marshal.
(f) The state fire marshal shall adopt rules and regulations to implement the provisions of this section.
(g) As used in this section:
(1) "Assisted living facility" shall have the meaning ascribed thereto in K.S.A. 39-923, and amendments thereto;
(2) "medical care facility" shall have the meaning ascribed thereto in K.S.A. 65-425, and amendments thereto;
(3) "adult care home" shall have the meaning ascribed thereto in K.S.A. 39-923, and amendments thereto; and
(4) "special hospital" shall have the meaning ascribed thereto in K.S.A. 65-425, and amendments thereto.
History: L. 2007, ch. 177, § 27; May 17.
(a) The state fire marshal may enter into contracts to establish regional search and rescue teams to provide a response to search and rescue incidents.
(b) (1) The state fire marshal shall appoint a search and rescue advisory committee to provide input and assistance to the search and rescue program and act as advisors to the state fire marshal and director of the emergency response division.
(2) The search and rescue advisory committee shall be comprised of one member from each search and rescue region, one representative from the Kansas division of emergency management, one representative from the Kansas national guard/crisis city, one representative from the Kansas fire and rescue training institute and one representative from the Kansas search and rescue dog association.
(3) The committee shall meet periodically as determined by the state fire marshal. Advisory committee members attending committee meetings shall be paid per diem compensation and subsistence allowances, mileage and other reasonable and necessary expenses as provided in K.S.A. 75-3223, and amendments thereto.
(c) The state fire marshal may adopt rules and regulations governing the composition, training requirements, response and operations of the regional search and rescue teams.
History: L. 2015, ch. 50, § 1; May 21.
(a) The hazardous materials emergency fund of the state fire marshal is hereby redesignated as the emergency response fund of the state fire marshal. In addition to any other purposes for which expenditures may be made by the state fire marshal from the moneys appropriated from the emergency response fund, expenditures shall be made by the state fire marshal from the moneys appropriated from the emergency response fund to establish and maintain regional emergency response teams to provide a response to hazardous materials or search and rescue incidents.
(b) In the event the balance of the emergency response fund of the state fire marshal falls below $500,000, the state fire marshal may certify to the director of accounts and reports an amount to be transferred from the fire marshal fee fund to the emergency response fund of the state fire marshal, which amount shall not exceed the amount necessary to bring the balance of the emergency response fund to $500,000. The director of accounts and reports shall transfer the amount certified by the state fire marshal from the fire marshal fee fund to the emergency response fund of the state fire marshal.
History: L. 2015, ch. 50, § 2; May 21.
History: L. 1911, ch. 198, § 1; R.S. 1923, 75-1601; Repealed, L. 1927, ch. 221, § 25; March 7.
History: L. 1911, ch. 198, § 2; R.S. 1923, 75-1602; Repealed, L. 1949, ch. 426, § 1; June 30.
Revisor's Note: Section transferred to 74-3302c.
History: L. 1923, ch. 20, § 1; R.S. 1923, 75-1604; Repealed, L. 1927, ch. 221, § 25; March 7.
History: L. 1923, ch. 20, § 3; R.S. 1923, 75-1605; Repealed, L. 1927, ch. 221, § 25; March 7.
History: L. 1907, ch. 222, § 2; R.S. 1923, 75-1701; L. 1927, ch. 298, § 1; L. 1937, ch. 331, § 1; L. 1955, ch. 232, § 2; L. 1957, ch. 441, § 1; L. 1982, ch. 347, § 52; L. 1983, ch. 279, § 1; L. 1984, ch. 150, § 16; Repealed, L. 1997, ch. 160, § 43; September 1.
History: L. 1907, ch. 222, § 4; R.S. 1923, 75-1702; L. 1937, ch. 331, § 2; L. 1967, ch. 434, § 54; L. 1984, ch. 150, § 17; Repealed, L. 1997, ch. 160, § 43; September 1.
History: L. 1907, ch. 222, § 5; L. 1921, ch. 199, § 2; R.S. 1923, 75-1703; L. 1927, ch. 298, § 2; L. 1933, ch. 189, § 2; L. 1953, ch. 379, § 1; L. 1957, ch. 441, § 2; L. 1967, ch. 434, § 55; Repealed, L. 1997, ch. 160, § 43; September 1.
History: L. 1907, ch. 222, § 6; L. 1915, ch. 229, § 3; R.S. 1923, 75-1704; L. 1933, ch. 189, § 3; L. 1967, ch. 434, § 56; L. 1984, ch. 150, § 18; Repealed, L. 1997, ch. 160, § 43; September 1.
History: L. 1907, ch. 222, § 10; L. 1911, ch. 199, § 2; R.S. 1923, 75-1705; Repealed, L. 1973, ch. 2, § 36; July 1.
History: L. 1915, ch. 229, § 6; L. 1917, ch. 203, § 4; L. 1919, ch. 285, § 6; R.S. 1923, 75-1706; L. 1927, ch. 298, § 3; L. 1929, ch. 261, § 1; L. 1933, ch. 189, § 4; L. 1937, ch. 331, § 3; L. 1939, ch. 298, § 1; L. 1943, ch. 277, § 12; L. 1947, ch. 416, § 7; L. 1949, ch. 427, § 1; L. 1953, ch. 363, § 6; L. 1959, ch. 332, § 1; L. 1961, ch. 409, § 6; L. 1963, ch. 419, § 6; L. 1965, ch. 458, § 14; L. 1967, ch. 443, § 14; L. 1973, ch. 2, § 15; L. 1974, ch. 361, § 68; Repealed, L. 1997, ch. 160, § 43; September 1.
History: L. 1923, ch. 21, § 1; R.S. 1923, 75-1707; L. 1956, ch. 52, § 28; L. 1957, ch. 431, § 24; L. 1963, ch. 398, § 31; Repealed, L. 1973, ch. 2, § 36; July 1.
History: L. 1923, ch. 21, § 3; R.S. 1923, 75-1708; Repealed, L. 1973, ch. 2, § 36; July 1.
History: L. 1933, ch. 290, § 1; L. 1973, ch. 2, § 16; L. 1979, ch. 283, § 2; Repealed, L. 1997, ch. 160, § 43; September 1.
History: L. 1933, ch. 290, § 2; Repealed, L. 1973, ch. 2, § 36; July 1.
History: L. 1979, ch. 283, § 1; Repealed, L. 1997, ch. 160, § 43; September 1.
History: L. 1979, ch. 19, § 30; Repealed, L. 1996, ch. 42, § 2; July 1.
History: L. 1913, ch. 204, § 1; R.S. 1923, 75-1801; Repealed, L. 1933, ch. 285, § 18; July 1.
History: R.S. 1923, 75-1802; Repealed, L. 1933, ch. 285, § 18; July 1.
History: R.S. 1923, 75-1803; Repealed, L. 1970, ch. 350, § 1; July 1.
History: L. 1913, ch. 204, § 24; R.S. 1923, 75-1804; Repealed, L. 1970, ch. 350, § 1; July 1.
History: L. 1923, ch. 25, §§ 1, 3; R.S. 1923, 75-1805, 75-1806; Repealed, L. 1970, ch. 350, § 1; July 1.
An animal health commissioner shall be appointed by the secretary of agriculture and shall serve as the executive officer of the Kansas department of agriculture division of animal health. The person so appointed shall have been actively engaged in one of the major phases of the livestock industry for a period of not less than five years immediately preceding such person's appointment. Before entering upon the duties of such office, such commissioner shall take and subscribe an oath of office to faithfully and honestly discharge the duties of such office to the best of such commissioner's knowledge and ability, and shall file the same with the secretary of state. The animal health commissioner shall serve at the pleasure of the secretary of agriculture and the animal health board.
History: L. 1905, ch. 495, § 1; L. 1919, ch. 286, § 1; R.S. 1923, 75-1901; L. 1967, ch. 434, § 57; L. 1969, ch. 258, § 4; L. 2012, ch. 140, § 115; July 1.
History: L. 1905, ch. 495, § 2; L. 1907, ch. 399, § 1; L. 1917, ch. 12, § 3; R.S. 1923, 75-1902; Repealed, L. 1969, ch. 258, § 12; July 1.
(a) Whenever in any of the statutes of this state the term "livestock sanitary commissioner" is used, or the term "commissioner" is used to refer to the livestock sanitary commissioner, such terms shall be construed to mean the animal health commissioner appointed by the secretary of agriculture pursuant to K.S.A. 74-5,119, and amendments thereto.
(b) Whenever in any of the statutes of this state the terms "Kansas livestock commission" or "livestock commission" are used, or the term "commission" is used to refer to the Kansas livestock commission, such terms shall be construed to mean the Kansas animal health board created in K.S.A. 74-4001, and amendments thereto.
History: L. 1969, ch. 258, § 7; L. 2012, ch. 140, § 116; July 1.
History: L. 1913, ch. 200, § 2; R.S. 1923, 75-2001; Repealed, L. 1933, ch. 285, § 18; July 1.
History: L. 1917, ch. 245, § 1; R.S. 1923, 75-2002; Repealed, L. 1933, ch. 285, § 18; July 1.
History: R.S. 1923, 75-2003; Repealed, L. 1970, ch. 251, § 1; July 1.
History: L. 1923, ch. 29, § 3; R.S. 1923, 75-2004; Repealed, L. 1970, ch. 251, § 1; July 1.
History: L. 1929, ch. 81, § 2; Repealed, L. 1939, ch. 299, § 2; April 17.
Revisor's Note: Transferred to 74-2011 through 74-2013.
History: L. 1933, ch. 285, § 1; Repealed, L. 1939, ch. 288, § 18; September 1.
History: L. 1933, ch. 285, §§ 2 to 5; Repealed, L. 1951, ch. 445, § 1; June 30.
History: L. 1933, ch. 285, § 6; Repealed, L. 1939, ch. 288, § 18; September 1.
History: L. 1933, ch. 285, § 7; Repealed, L. 1939, ch. 198, § 21; June 30.
Revisor's Note: Transferred to 74-2428, 74-2429.
History: L. 1933, ch. 285, § 10; Repealed, L. 1939, ch. 297, § 8; April 17.
History: L. 1933, ch. 285, §§ 11 to 13; Repealed, L. 1951, ch. 445, § 1; June 30.
History: L. 1933, ch. 285, § 14; Repealed, L. 1939, ch. 288, § 19; April 17.
Revisor's Note: Transferred to 74-2430.
History: L. 1933, ch. 285, § 16; Repealed, L. 1953, ch. 380, § 1; June 30.
History: L. 1933, ch. 285, § 17; Repealed, L. 1951, ch. 445, § 1; June 30.
History: L. 1945, ch. 55, § 1; L. 1949, ch. 428, § 1; L. 1951, ch. 75, § 1; L. 1955, ch. 363, § 1; Repealed, L. 1967, ch. 444, § 1; July 1.
History: L. 1945, ch. 55, § 2; L. 1955, ch. 363, § 2; Repealed, L. 1967, ch. 444, § 1; July 1.
History: L. 1949, ch. 417, §§ 1, 2; Repealed, L. 1951, ch. 75, § 4; June 30.
History: L. 1949, ch. 455, §§ 1, 2; Repealed, L. 1951, ch. 75, § 4; June 30.
History: L. 1957, ch. 472, § 1; L. 1965, ch. 458, § 15; L. 1967, ch. 443, § 15; L. 1972, ch. 317, § 3; L. 1974, ch. 379, § 1; Repealed, L. 1974, ch. 379, § 3; July 1.
History: L. 1957, ch. 472, § 2; L. 1972, ch. 317, § 5; Repealed, L. 1973, ch. 339, § 93; July 1, 1974.
History: L. 1957, ch. 472, § 3; Repealed, L. 1961, ch. 410, § 1; June 30.
History: L. 1957, ch. 472, § 42; L. 1972, ch. 317, § 7; Repealed, L. 1973, ch. 339, § 93; July 1, 1974.
History: L. 1957, ch. 472, § 43; L. 1972, ch. 317, § 8; Repealed, L. 1973, ch. 339, § 93; July 1, 1974.
History: L. 1961, ch. 51, § 5; L. 1972, ch. 317, § 9; Repealed, L. 1973, ch. 339, § 93; July 1, 1974.
History: L. 1965, ch. 498, § 1; L. 1969, ch. 397, § 1; L. 1972, ch. 317, § 12; L. 1973, ch. 340, § 1; Repealed, L. 1973, ch. 339, § 93; L. 1973, ch. 341, § 1; July 1, 1974.
History: L. 1970, ch. 352, §§ 1 to 3; L. 1972, ch. 317, §§ 13 to 15; Repealed, L. 1973, ch. 339, § 93; July 1, 1974.
History: L. 1970, ch. 352, § 4; Repealed, L. 1974, ch. 380, § 1; July 1.
History: L. 1970, ch. 353, § 1; L. 1972, ch. 317, § 16; Repealed, L. 1973, ch. 339, § 93; July 1, 1974.
History: L. 1970, ch. 353, § 2; L. 1971, ch. 268, § 1; L. 1972, ch. 317, § 17; Repealed, L. 1973, ch. 339, § 93; July 1, 1974.
History: L. 1970, ch. 353, § 3; L. 1971, ch. 268, § 2; L. 1972, ch. 317, § 18; Repealed, L. 1973, ch. 339, § 93; July 1, 1974.
History: L. 1971, ch. 269, § 1; L. 1972, ch. 317, § 19; Repealed, L. 1973, ch. 339, § 93; July 1, 1974.
History: L. 1879, ch. 166, § 89; R.S. 1923, 75-2101; L. 1968, ch. 144, § 1; Repealed, L. 1973, ch. 342, § 1; July 1.
History: L. 1879, ch. 166, § 90; R.S. 1923, 75-2102; L. 1967, ch. 434, § 58; Repealed, L. 1973, ch. 342, § 1; July 1.
History: L. 1879, ch. 166, § 91; R.S. 1923, 75-2103; Repealed, L. 1967, ch. 434, § 69; July 1.
History: L. 1961, ch. 411, § 1; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1879, ch. 166, § 92; R.S. 1923, 75-2104; L. 1957, ch. 442, § 1; L. 1961, ch. 411, § 2; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1957, ch. 442, § 2; Repealed, L. 1965, ch. 461, § 30; July 1.
Revisor's Note: Later act, see 75-3739.
History: L. 1879, ch. 166, § 93; R.S. 1923, 75-2105; L. 1927, ch. 299, § 1; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1879, ch. 166, § 94; R.S. 1923, 75-2106; L. 1927, ch. 299, § 2; L. 1931, ch. 289, § 1; L. 1941, ch. 266, § 2; Repealed, L. 1953, ch. 375, § 95; July 1.
Revisor's Note: Later act, see 75-3739.
History: L. 1879, ch. 166, § 95; R.S. 1923, 75-2107; L. 1927, ch. 299, § 3; Repealed, L. 1953, ch. 375, § 95; July 1.
Revisor's Note: Section transferred to 75-429.
History: L. 1879, ch. 166, § 97; R.S. 1923, 75-2109; Repealed, L. 1973, ch. 342, § 1; July 1.
L. 1937, ch. 336, § 1, included by reference. [The Governor authorized to accept certain property located in Topeka for the state of Kansas.]
History: L. 1937, ch. 336, § 1; March 30.
History: L. 1937, ch. 336, § 2; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1939, ch. 304, § 1; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1939, ch. 305, §§ 1 to 4; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1943, ch. 279, § 1; Repealed, L. 1953, ch. 380, § 1; June 30.
History: L. 1943, ch. 280, § 1; Repealed, L. 1953, ch. 380, § 1; June 30.
History: L. 1945, ch. 332, §§ 1 to 6; Repealed, L. 1951, ch. 445, § 1; June 30.
L. 1951, ch. 458, §§ 1 to 5, included by reference. [State executive council (now abolished) authorized and directed to sell a tract of land owned by the state located in Shawnee county.]
History: L. 1951, ch. 458, §§ 1 to 5; March 26.
L. 1959, ch. 343, §§ 1 to 5, included by reference. [State executive council (now abolished) and state highway commission (now abolished) authorized to sell a tract of land owned by the state located in Shawnee county.]
History: L. 1959, ch. 343, §§ 1 to 5; June 30.
L. 1965, ch. 471, §§ 1 to 5, included by reference. [The state executive council (now abolished) directed to sell a tract of land located in Shawnee county to Goodyear Tire and Rubber Company and provides for disposition of proceeds from sale.]
History: L. 1965, ch. 471, §§ 1 to 5; June 30.
The following terms or words as used in this act shall be defined to mean as follows:
(a) "Lands belonging to the state of Kansas" shall mean any lands, the title to which is in the state, or any lands which have been granted, devised or bequeathed to any state board, agency, authority, commission or institution, or any lands which have been granted, devised or bequeathed to the state of Kansas for the use and benefit of any state board, agency, authority, commission or institution.
(b) "Quasi-municipal corporation" shall mean any county, township, school district, drainage district, sewer district, water district, watershed district, hospital district or any similar subdivision of government created by the laws of this state which provides or furnishes any public service to the people of the state of Kansas or to any segment of said people who may live within the boundaries of such governmental subdivision.
(c) "Public utility" shall mean any business or enterprise providing or furnishing directly or indirectly any commodity or service to the public, the operation of which business or enterprise is so closely and intimately related to the public or any substantial part of any community as to make the welfare of the public or a substantial part thereof dependent on the proper conduct of such business or enterprise.
History: L. 1955, ch. 298, § 1; June 30.
Any agency head, as defined in K.S.A. 75-3208, and amendments thereto, or the governing body of any state board or agency having custody and control of any land belonging to the state of Kansas, with or without receiving consideration therefor, may grant or convey right-of-way easements across, over, upon or under any such state land to any municipal corporation, quasi-municipal corporation, the secretary of transportation or to any person, firm or corporation owning or operating any public utility. Such easements may include rights for municipal parking, playground or other municipal uses and rights of ingress or egress for the purpose of constructing, maintaining or removing any pipeline, power line, sewer or other public utility installation or any equipment or appurtenances necessary to the operation thereof. Any such easement, before becoming operative, shall be submitted to the attorney general for approval as to form.
History: L. 1955, ch. 298, § 2; L. 1959, ch. 333, § 1; L. 1963, ch. 421, § 1; L. 1972, ch. 332, § 48; L. 1975, ch. 427, § 245; L. 1978, ch. 336, § 21; L. 1988, ch. 333, § 1; July 1.
The secretary of administration may, as a prerequisite to the approval of any such easement, make such requirements as are in the discretion of the secretary necessary to safeguard the public interest and to protect the use, present or future, of such state lands, together with any improvements thereon.
History: L. 1955, ch. 298, § 3; L. 1972, ch. 332, § 49; L. 1978, ch. 336, § 22; July 1.
If at any time the grantee of any such easement shall abandon said easement or attempt to devote said easement to a use different from and inconsistent with the use for which such easement was granted, the easement shall automatically terminate: Provided, That the grantee of any such easement may convey or assign such easement to his or her or its successor for the continuation of the use for which said easement was originally granted.
History: L. 1955, ch. 298, § 4; June 30.
Any money received in consideration for the granting of an easement pursuant to the provisions of this act shall be deposited with the state treasurer and shall be credited by the state treasurer to the appropriate fund designated by the use for which the land was acquired, and if no such special fund exists, then such moneys shall be deposited by him or her in the state general fund.
History: L. 1955, ch. 298, § 5; June 30.
History: L. 1957, ch. 457, § 1; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1963, ch. 420, § 1; Repealed, L. 1965, ch. 461, § 30; July 1.
History: R.S. 1923, 75-2201; L. 1943, ch. 277, § 13; Repealed, L. 1961, ch. 411, § 14; July 1.
History: L. 1899, ch. 242, §§ 2 to 5; R.S. 1923, 75-2202 to 75-2205; Repealed, L. 1961, ch. 411, § 14; July 1.
History: L. 1903, ch. 147, § 1; R.S. 1923, 75-2206; Repealed, L. 1965, ch. 461, § 30; July 1.
It shall be deemed a misdemeanor for any person or persons, for any purpose other than the cleaning of the hall of the house of representatives, to remove or cause to be removed from said hall any of the chairs, desks or other furniture, paraphernalia or supplies now in use or hereafter in use belonging to said hall or that may hereafter be installed therein.
History: L. 1909, ch. 123, § 1; March 10; R.S. 1923, 75-2207.
Any person found guilty of violating K.S.A. 75-2207 shall be deemed guilty of a misdemeanor, and be fined in a sum not less than ten dollars nor more than fifty dollars.
History: L. 1909, ch. 123, § 2; March 10; R.S. 1923, 75-2208.
History: R.S. 1923, 75-2209; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1909, ch. 123, § 4; R.S. 1923, 75-2210; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1915, ch. 4, § 4; R.S. 1923, 75-2211; L. 1938, ch. 68, § 1; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1933, ch. 22, § 1 (Special Session); Repealed, L. 1955, ch. 364, § 10; June 30.
History: L. 1938, ch. 69, § 1; Repealed, L. 1951, ch. 445, § 1; June 30.
History: L. 1961, ch. 412, § 1; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1957, ch. 442, § 10; Repealed, L. 1965, ch. 461, § 30; July 1.
Revisor's Note: Later act, see 75-3501 through 75-3504.
History: L. 1939, ch. 307, §§ 1 to 5; Repealed, L. 1945, ch. 306, § 5; June 28.
History: L. 1943, ch. 193, § 1; Repealed, L. 1971, ch. 184, § 42; May 1.
History: L. 1943, ch. 193, § 2; L. 1953, ch. 381, § 1; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1943, ch. 193, § 2; L. 1947, ch. 417, § 1; L. 1951, ch. 447, § 1; L. 1953, ch. 381, § 2; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1949, ch. 73, § 3; L. 1951, ch. 447, § 2; L. 1953, ch. 381, § 3; Repealed, L. 1969, ch. 251, § 10; January 21.
History: L. 1951, ch. 447, § 3; L. 1953, ch. 381, § 4; Repealed, L. 1969, ch. 251, § 10; January 21.
History: L. 1955, ch. 364, § 1; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1955, ch. 364, § 2; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1955, ch. 364, §§ 3, 4; Repealed, L. 1965, ch. 461, § 30; July 1.
Revisor's Note: Section transferred to 75-4508.
Revisor's Note: Section transferred to 75-4503.
Revisor's Note: Section transferred to 75-4505.
Revisor's Note: Section transferred to 75-4509.
History: L. 1955, ch. 364, § 9; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1965, ch. 474, § 1; L. 1972, ch. 332, § 50; L. 1973, ch. 343, § 1; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1965, ch. 474, § 2; L. 1972, ch. 332, § 51; L. 1973, ch. 343, § 2; L. 1975, ch. 462, § 115; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1965, ch. 474, § 3; Repealed, L. 1975, ch. 462, § 131; July 1.
It is declared to be the purpose and policy of the state of Kansas to establish and effectuate a long-range plan of development of the capitol area in the city of Topeka and for that purpose to coordinate planning and construction of buildings which may be needed by the state, and to improve the management of traffic and beautification of landscaping of grounds in the capitol area. The purpose of the plan shall be to enhance and preserve the beauty and dignity of the capitol area and permanently to secure the area from undesirable commercial and industrial encroachment. The following described area is a portion of the state capitol area as that term is used in this act:
Beginning at the northeast corner of tenth street and Jackson street; thence west along the north side of tenth street, extended, to the northwest corner of tenth street and Topeka avenue; thence south along the west side of Topeka avenue, extended, to the southwest corner of twelfth street and Topeka avenue; thence east along the south side of twelfth street, extended, to the southeast corner of the intersection of Huntoon street and Harrison street; thence northeasterly along the south side of Huntoon street, extended, to the east side of Jackson street; thence northerly along the east side of Jackson, extended, to the point of beginning, in the city of Topeka, Shawnee county, Kansas.
The powers conferred by this act are for public uses and purposes for which public money may be expended. By reason of the major tornado disaster, which occurred June 8, 1966, to Topeka, Kansas, including the above area and the location of the above area to the existing state office building and facilities, portions of the above area should be purchased by the state of Kansas under an urban renewal project to be undertaken by the city of Topeka, and the urban renewal agency of the city of Topeka, under the urban renewal law of Kansas, with federal financial assistance as provided by title I housing act of 1949 as amended.
History: L. 1965, ch. 469, § 1; June 30; L. 1967, ch. 446, § 1; April 5.
There is hereby created the capitol area plaza authority, a body politic and corporate, hereinafter referred to as the authority. The authority is hereby constituted a public instrumentality, and the exercise by the authority of the powers conferred on it by this act shall be deemed and held to be the performance of an essential state governmental function. The authority shall be the successor in every way to all of the rights, powers, duties and obligations of the capitol area planning commission.
The authority shall have 13 members who shall be as follows:
(a) One member shall be a member of the house of representatives appointed by the speaker.
(b) One member shall be a senator appointed by the president of the senate.
(c) One member shall be a member of the house of representatives appointed by the minority leader of the house of representatives.
(d) One member shall be a senator appointed by the minority leader of the senate.
(e) One member shall be the secretary of administration.
(f) One member shall be a person representative of the city government of Topeka appointed by the mayor thereof.
(g) One member shall be a person experienced in land use planning appointed by the governor.
(h) One member shall be the judicial administrator of the courts.
(i) The remaining members shall be appointed by the governor and shall have such qualifications as the governor may deem appropriate.
Members serving on the authority ex officio shall serve for terms concurrent with the office each holds. The appointive members shall serve for terms of four years, except that the members of the capitol area planning commission immediately prior to the effective date of this act who were appointed by the governor shall serve as members of the capitol area plaza authority, and any unexpired portions of their respective terms of office as members of the commission shall be included in their terms of office as original members of the authority. Subsequent appointments shall be made as provided for original appointments, and any vacancy in the office of an appointed member shall be filled in the same manner as for original appointments for the unexpired terms. Subject to the provisions of K.S.A. 75-4315c, and amendments thereto, the members of the authority appointed by the governor shall be so selected that all congressional districts of the state are represented on the authority.
History: L. 1965, ch. 469, § 2; L. 1972, ch. 333, § 1; L. 1975, ch. 434, § 1; L. 1978, ch. 336, § 23; L. 1992, ch. 262, § 15; L. 2000, ch. 149, § 5; June 1.
The capitol area plaza authority created by K.S.A. 75-2237 is hereby attached to the department of administration, and from and after the effective date of this act shall be within the department of administration as a part thereof. All budgeting, purchasing and related management functions of the capitol area plaza authority shall be administered under the direction and supervision of the secretary of administration. All vouchers for expenditures and all payrolls of the capitol area plaza authority shall be approved by the chairman of the capitol area plaza authority and the secretary of administration. The capitol area plaza authority created by K.S.A. 75-2237 is hereby specifically continued in existence, and it shall have powers, functions and duties vested in it by law.
History: L. 1972, ch. 332, § 24; L. 1976, ch. 376, § 1; July 1.
The term "authority" as used in this act [*] shall mean the capitol area plaza authority established by K.S.A. 75-2237.
History: L. 1972, ch. 334, § 4; July 1.
History: L. 1965, ch. 469, § 3; L. 1972, ch. 333, § 2; L. 1972, ch. 332, § 52; Repealed, L. 1972, ch. 334, § 5; July 1.
The governor shall name the chairman of the authority who shall call the first meeting of the authority. The authority shall have at least two (2) regular meetings each year and shall meet at other times on call of the chairman or the governor. Meetings of the authority shall be held in the city of Topeka. The secretary of administration shall be the ex officio secretary of the authority but shall not be a voting member thereof. Members of the capitol area plaza authority attending meetings of such authority, or attending a subcommittee meeting thereof authorized by such authority, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223.
History: L. 1972, ch. 334, § 1; L. 1974, ch. 348, § 88; July 1.
All state agencies, departments and institutions shall cooperate with the authority by providing such assistance as may be necessary for the authority to carry out its duties under this act.
History: L. 1965, ch. 469, § 4; L. 1972, ch. 333, § 3; March 28.
History: L. 1965, ch. 469, § 5; L. 1967, ch. 446, § 2; L. 1968, ch. 293, § 1; L. 1972, ch. 333, § 4; L. 1972, ch. 332, § 53; Repealed, L. 1972, ch. 334, § 5; July 1.
The duties and powers of the capitol area plaza authority are as follows:
(a) The authority shall have the power and capacity of suing and being sued, of contracting and being contracted with and of adopting and using a common seal.
(b) The authority shall have power to employ such persons as may be necessary for the purpose of carrying out the provisions of this act and the provisions of chapter 333 of the Laws of 1972, and may delegate such duties to said persons as the authority may deem proper.
(c) To the extent that the duties of the capitol area planning commission remain unfinished, the authority shall prepare a long-range plan of development of the state capitol area, which area shall be comprised of that area around the state capitol building which is deemed appropriate by the authority for the planning required.
(d) The long-range plan of development shall include a determination of the building, land and parking needs of state agencies in the capitol area.
(e) The long-range plan of development shall make recommendations on the proper use of land in the capitol area.
(f) The long-range plan of development shall make recommendations concerning traffic management, landscaping and beautification in the capitol area.
(g) The long-range plan of development shall include recommendations for implementation thereof.
(h) At the request of the urban renewal agency of the city of Topeka, the authority shall review and make recommendations as to the conformity of any urban renewal plan for the state capitol area with the long-range plan of development of the state capitol area. Such written recommendations shall be filed with the city clerk for the governing body of the city of Topeka within thirty (30) days after receipt of any urban renewal plan for review. Upon receipt of the recommendations of the authority, or if no recommendations are received within thirty (30) days, then without such recommendations, the governing body for the city of Topeka may proceed to review any urban renewal plan and to approve the same in accordance with K.S.A. 17-4747.
(i) The secretary of administration shall make and execute for and on behalf of the state of Kansas, all required documents, cooperation agreements and contracts with the city of Topeka, the urban renewal agency of the city of Topeka, and the United States of America, respecting the purchase of real estate within the state capitol area by the state of Kansas and its obligation to pay the fair use value thereof, as defined by K.S.A. 17-4750, and to provide one-third (⅓) of the net project cost therefor, as defined by section 110 (f), title I housing act of 1949, as amended, all of which shall in no event exceed two million five hundred thousand dollars ($2,500,000).
(j) After approval of said urban renewal plan, as provided by this act and by K.S.A. 17-4750, the state of Kansas shall acquire by purchase from the urban renewal agency of the city of Topeka, the real estate designated to be acquired and redeveloped by the state of Kansas in the urban renewal plan for all or a portion of the state capitol area. The abstract of title or policy of title insurance and the deed conveying such real estate to the state of Kansas shall be approved by the attorney general before payment therefor is made. The deed shall name the state of Kansas as grantee and the same shall be recorded in the office of the register of deeds for Shawnee county, Kansas, and thereafter filed in the office of the secretary of state.
(k) All documents, cooperation agreements and contracts to be signed by the secretary of administration under this act for and on behalf of the state of Kansas, shall first be approved as to their legal form and sufficiency by the attorney general prior to being executed by the secretary of administration.
(l) The authority shall have the power to do all things and acts necessary or convenient to carry out the powers granted by law, except that the authority shall have no power at any time or in any manner to pledge the credit or the taxing power of the state within the meaning of section 6 of article 11 of the constitution of the state of Kansas.
(m) The authority is hereby authorized to enter into negotiations with such officers of the city of Topeka and the urban renewal agency thereof as may be appropriate to obtain sufficient assurances from the city and its urban renewal agency concerning a feasible solution to any areas involving joint or overlapping authority such as, but not limited to, widening of streets, relocation of utility lines, determination of proportionate shares of cost to the state and the city for street and utilities changes, off-site service facilities and zoning requirements. The authority shall cause such assurances or agreements as may be received hereunder to be reduced to writing, signed by responsible officers of the city and its urban renewal agency and furnished to the governor, in order that the governor may make appropriate recommendations relating thereto to the legislature.
(n) The authority shall have power to issue bonds for the purpose of acquiring any real estate, or interest therein, located within Shawnee county, or for the purpose of planning, architectural services or other services for the development of or constructing, furnishing and equipping any building, improvement or facility located within said county: Provided, That no such bonds shall be issued until after the authorization thereof by an act of the legislature.
History: L. 1972, ch. 334, § 2; L. 1975, ch. 428, § 7; April 14.
History: L. 1965, ch. 469, § 6; L. 1972, ch. 333, § 5; L. 1972, ch. 332, § 54; Repealed, L. 1972, ch. 334, § 5; July 1.
On or before December 1, 1972, the authority shall make a report to the governor transmitting the long-range plan of development prescribed by K.S.A. 75-2240a, together with a report outlining the work of the authority during such year. A similar report shall be made prior to every regular session of the legislature and interim reports may be made at any time. Upon receiving any such report the governor shall consider the same and submit it, together with his or her comments and recommendations, to the legislative coordinating council and the legislature.
History: L. 1972, ch. 334, § 3; July 1.
The authority shall maintain the plan in a current state at all times by making additions thereto, modifications and amendments thereof, and shall specify such exceptions as may be deemed desirable either on its own initiative or upon the submission of any request for change in the plan.
History: L. 1965, ch. 469, § 7; L. 1972, ch. 333, § 6; March 28.
History: L. 1972, ch. 398, § 1; Repealed, L. 1978, ch. 342, § 1; July 1.
The supreme court chamber located in the southern portion of the third floor of the state capitol building is hereby declared to possess unusual historical interest.
In assigning the use of the space and facilities within the supreme court chamber as authorized and provided by K.S.A. 75-3765a, and amendments thereto, and in providing for the improvement, maintenance, repair and upkeep of such chamber as provided by K.S.A. 75-3763, and amendments thereto, the legislative coordinating council shall maintain and preserve the historic French Renaissance architecture, the hand-carved oak paneling and the general decor of the chamber, including the court bench, furniture, pictures and such other items as may be left by the supreme court in its move to its new quarters.
History: L. 1978, ch. 106, § 1; July 1.
History: L. 1972, ch. 398, §§ 2, 3; Repealed, L. 1978, ch. 342, § 1; July 1.
History: L. 1977, ch. 268, §§ 1, 2; Repealed, L. 1988, ch. 301, § 33; July 1.
History: L. 1978, ch. 344, § 1; Repealed, L. 1988, ch. 334, § 1; July 1.
(a) The director of architectural services shall cause a work of sculpture, selected in the manner prescribed by this section prior to its amendment by this act, to be placed atop the state capitol.
(b) The Kansas creative arts industries commission is hereby authorized to receive any grants, gifts, contributions or bequests made for the purpose of financing the cost of acquiring and placing atop the state capitol the work of sculpture selected pursuant to this section prior to its amendment by this act. There is hereby established in the state treasury the state capitol dome sculpture 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 Kansas creative arts industries commission.
History: L. 1984, ch. 327, § 1; L. 1988, ch. 301, § 23; L. 1992, ch. 192, § 14; L. 2012, ch. 111, § 9; July 1.
(a) There shall be placed on the grounds of the state capitol a memorial to law enforcement officers who have lost their lives in the line of duty in the service of the state. Such memorial shall be located northeast of the state capitol at a site to be selected by the director of architectural services. Such memorial shall be constructed in accordance with the design and architectural drawings approved by the director of architectural services. The memorial shall be of such a design that the names of the officers to be honored, both past and future, may be inscribed thereon. The director of architectural services shall annually cause the name or names of any law enforcement officer or officers who have lost their lives in the line of duty in the service of the state to be inscribed upon the memorial.
(b) It shall be the duty of the director of the Kansas bureau of investigation on or before the 15th day of March of each year to notify the secretary of the state historical society of the name or names of any officers who lost their lives in the line of duty during the preceding calendar year. The secretary shall assemble the necessary information regarding any such officer or officers and report the same to the director of architectural services.
(c) The secretary of the state historical society is hereby authorized to receive any grants, gifts, contributions or bequests made for the purpose of financing the construction of such memorial or for its upkeep and the addition of names thereto and to expend the same for the purpose for which received. The secretary of the state historical society shall remit all 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 law enforcement memorial fund.
(d) There is hereby established in the state treasury the law enforcement memorial fund. Expenditures from the fund may be made for the purposes of constructing, updating and repairing such memorial, for other purposes related to memorializing and honoring law enforcement officers of Kansas 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 law enforcement officers memorial advisory committee and made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of the state historical society, or the secretary's designee.
(e) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the law enforcement memorial fund interest earnings based on:
(1) The average daily balance of moneys in the law enforcement memorial 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. 309, § 1; L. 1989, ch. 262, § 2; L. 1992, ch. 272, § 12; L. 1996, ch. 253, § 28; L. 2001, ch. 5, § 369; July 1.
(a) There is hereby established the law enforcement officers memorial advisory committee, which shall be composed of 11 members as follows:
(1) A representative of the Kansas peace officers association, appointed by the governor;
(2) a representative of the Kansas chiefs of police, appointed by the governor;
(3) a representative of the Kansas fraternal order of police, appointed by the governor;
(4) a representative of the Kansas state troopers association, appointed by the governor;
(5) a representative of the Kansas sheriffs' association, appointed by the governor;
(6) a representative of the Kansas chapter of concerns of police survivors, appointed by the governor;
(7) the director of the Kansas bureau of investigation, or the director's designee;
(8) the superintendent of the Kansas highway patrol, or the superintendent's designee;
(9) the attorney general, or the attorney general's designee;
(10) the secretary of the state historical society, or the secretary's designee; and
(11) the secretary of corrections, or the secretary's designee.
(b) With regard to a member to be appointed by the governor as representative of the Kansas peace officers association, the Kansas chiefs of police, the Kansas fraternal order of police, the Kansas state troopers association, the Kansas sheriffs' association or the Kansas chapter of concerns of police survivors, the association or group to be represented may submit a list of at least three names for consideration by the governor in making the appointment. The governor shall consider each such list if timely submitted and may appoint from among those listed.
(c) The law enforcement officers memorial advisory committee shall be advisory to the director of architectural services and the secretary of the state historical society with regard to matters concerning the memorial to law enforcement officers on the state capitol grounds. The advisory committee may also make recommendations to the governor and the legislature regarding appropriate activities memorializing or commemorating the services of law enforcement officers in Kansas. The advisory committee may solicit grants, gifts, contributions and bequests for the memorial and shall remit all 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 law enforcement memorial fund.
(d) The members of the advisory committee shall organize annually by electing a chairperson and vice chairperson. The advisory committee shall meet at least once each year upon call of the chairperson. The secretary of the state historical society, or the secretary's designee, shall serve as secretary for the advisory committee. Members of the advisory committee appointed by the governor under this section shall serve at the pleasure of the governor.
History: L. 1989, ch. 262, § 1; L. 2001, ch. 5, § 370; L. 2024, ch. 18, § 1; July 1.
(a) A memorial to veterans may be placed on the grounds of the statehouse. If constructed, the memorial shall be located south of the statehouse at a site to be selected by the capitol area plaza authority. The memorial shall be constructed in accordance with design and architectural drawings reviewed by the division of facilities management and approved by the capitol area plaza authority. Additions and modifications to the memorial shall be constructed in accordance with design and architectural drawings reviewed by the division of facilities management and approved by the capitol area plaza authority. The state preservation officer shall serve in an advisory capacity to the capitol area plaza authority regarding the memorial.
(b) The selection of an architect shall be made by the veterans memorial advisory committee and shall not be subject to the advertising and architectural selection provisions of K.S.A. 75-430a and 75-1250 et seq., and amendments thereto. The construction of the project shall be competitively bid pursuant to applicable statutes or regulations in effect at that time.
History: L. 1994, ch. 165, § 1; April 21.
(a) There is hereby established the veterans memorial advisory committee which shall be composed of nine members as follows:
(1) Eight representatives of veterans organizations each appointed by the governor, with no more than two representatives selected from a single veterans organization; and
(2) the secretary of administration, or the secretary's designee.
(b) Each veterans organization may submit a list of at least three names for consideration by the governor in making an appointment. The governor shall consider each such list if timely submitted and may appoint from among those listed.
(c) The veterans memorial advisory committee shall serve in an advisory role to the secretary of administration and the capitol area plaza authority with regard to matters concerning memorials to veterans on the statehouse grounds. The veterans memorial advisory committee may also make recommendations to the governor and legislature regarding appropriate activities memorializing or commemorating veterans. The advisory committee may solicit grants, gifts, contributions and bequests for the memorial and shall remit all 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 veterans memorial fund.
(d) The members of the advisory committee shall organize annually by electing a chairperson and vice-chairperson. The advisory committee shall meet at least once each year upon call of the chairperson. The secretary of administration, or the secretary's designee, shall serve as secretary for the advisory committee. Members of the advisory committee appointed by the governor under this section shall serve at the pleasure of the governor.
History: L. 1994, ch. 165, § 2; L. 1994, ch. 163, § 2; L. 2001, ch. 5, § 371; July 1.
(a) The secretary of administration is hereby authorized to receive grants, gifts, contributions or bequests made for the purpose of financing the construction and maintenance of memorials to veterans which are located on the grounds of the statehouse. The secretary of administration shall remit all 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 veterans memorial fund.
(b) There is hereby established in the state treasury the veterans memorial fund. Expenditures from the fund may be made for the purposes of constructing, updating and repairing the memorials to veterans which are located on the grounds of the statehouse, for other purposes related to memorializing and honoring veterans and for such other purposes as may be specified with regard to any grant, gift, contribution or bequest. All such expenditures shall be authorized by the veterans memorial advisory committee and made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of administration or the secretary's designee. No public funds shall be used to construct or maintain the veterans memorial authorized by K.S.A. 75-2252, and amendments thereto, or the veterans memorial authorized by K.S.A. 75-2255, and amendments thereto. Construction of the veterans memorial authorized by K.S.A. 75-2252, and amendments thereto, shall not commence until the veterans memorial fund contains sufficient funds to complete the construction and to repair reasonably foreseeable damage to such memorial. Construction of the veterans memorial authorized by K.S.A. 75-2255, and amendments thereto, shall not commence until the veterans memorial fund contains sufficient funds to complete the construction and to repair reasonably foreseeable damage to such memorial.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the veterans memorial fund interest earnings based on:
(1) The average daily balance of moneys in the veterans memorial fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
History: L. 1994, ch. 165, § 3; L. 1994, ch. 163, § 3; L. 1996, ch. 253, § 29; L. 2001, ch. 5, § 372; July 1.
(a) A memorial to veterans of the 9th and 10th cavalry units, which are known as the Buffalo Soldiers, may be placed on the grounds of the statehouse. If constructed, the memorial authorized by this section shall be located south of the statehouse at a site to be selected by the capitol area plaza authority. The memorial authorized by this section shall be constructed in accordance with design and architectural drawings reviewed by the division of facilities management of the department of administration and approved by the capitol area plaza authority. Additions and modifications to the memorial authorized by this section shall be constructed in accordance with design and architectural drawings reviewed by the division of facilities management of the department of administration and approved by the capitol area plaza authority. The state preservation officer shall serve in an advisory capacity to the capitol area plaza authority regarding the memorial authorized by this section.
(b) The selection of an architect for the memorial authorized by this section shall be made by the veterans memorial advisory committee and shall not be subject to the advertising and architectural selection provisions of K.S.A. 75-430a and 75-1250 et seq., and amendments thereto. The construction of the project for the memorial authorized by this section shall be competitively bid pursuant to applicable statutes or regulations in effect at that time.
History: L. 1994, ch. 163, § 1; April 28.
(a) There may be placed on the grounds of the state capitol a life-size version of the sculpture "Ad Astra" that has been placed atop the state capitol pursuant to K.S.A. 75-2249, and amendments thereto. The sculpture, its placement and the remainder of the "Ad Astra" plaza, including the installation of bronze plaques and donor bricks, shall be approved by the capitol preservation committee pursuant to K.S.A. 75-2269, and amendments thereto.
(b) The secretary of administration is hereby authorized to receive moneys from any grants, gifts, contributions or bequests made for the purpose of financing the creation, construction or maintenance of the sculpture and the "Ad Astra" plaza and to expend such moneys for the purpose for which received. The secretary of administration shall remit all 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 ad astra sculpture fund. No public moneys shall be expended for the purpose of financing the creation, construction or maintenance of the sculpture or the "Ad Astra" plaza.
(c) There is hereby established in the state treasury the ad astra sculpture fund. Expenditures from the fund may be made for the purposes of creating, constructing and maintaining the sculpture and the "Ad Astra" plaza and for such purposes as may be specified with regard to any grant, gift, contribution or bequest. All such expenditures shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of administration or the secretary's designee.
(d) On or before the 10th day of the month following the month in which moneys are first credited to the ad astra sculpture fund interest earnings based on: (1) The average daily balance of moneys in the ad astra sculpture fund for the preceding month; and (2) the net earnings rate for the pooled money investment portfolio for the preceding month.
History: L. 1995, ch. 144, § 2; L. 1998, ch. 123, § 4; L. 2001, ch. 5, § 373; L. 2023, ch. 1, § 2; March 16.
(a) The capitol preservation committee shall approve plans to place a permanent statue of Dwight D. Eisenhower on the state capitol grounds pursuant to K.S.A. 75-2269, and amendments thereto.
(b) The secretary of administration is hereby authorized to receive moneys from any grants, gifts, contributions or bequests made for the purpose of financing the creation and construction of the statue and its pedestal and to expend such moneys for the purpose for which received. The secretary of administration shall remit all 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 Dwight D. Eisenhower statue fund. No public funds shall be expended for the purpose of financing the creation or construction of the statue and its pedestal.
(c) There is hereby established in the state treasury the Dwight D. Eisenhower statue fund. Expenditures from the fund may be made for the purposes of creating and constructing the statue and its pedestal and for such other purposes as may be specified with regard to any grant, gift, contribution or bequest. All such expenditures shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of administration or the secretary's designee.
History: L. 2018, ch. 1, § 1; March 1.
(a) The capitol preservation committee shall approve plans, pursuant to K.S.A. 75-2269, and amendments thereto, to place a permanent memorial in the state capitol commemorating the decades of work of Kansas suffragists toward achieving the right of women to vote in Kansas in 1912 and the passage of the 19th amendment to the constitution of the United States in 1920.
(b) The secretary of administration is hereby authorized to receive moneys from any grants, gifts, contributions or bequests made for the purpose of financing the creation and construction of the memorial and to expend such moneys received for such purpose. The secretary of administration shall remit all 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 Kansas suffragist memorial fund. No public funds shall be expended for the purpose of financing the creation or construction of the memorial.
(c) There is hereby established in the state treasury the Kansas suffragist memorial fund. Expenditures from the fund may be made for the purposes of creating and constructing the memorial and for such other purposes as may be specified with regard to any grant, gift, contribution or bequest. All such expenditures shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of administration or the secretary's designee.
History: L. 2022, ch. 52, § 1; April 21.
(a) The secretary of administration jointly with the legislative coordinating council may make expenditures from money available therefor for the construction, equipping, furnishing, renovation, reconstruction and repair of the state capitol. The capital improvement project for the construction, equipping, furnishing, renovation, reconstruction and repair of the state capitol is hereby approved for the secretary of administration jointly with the legislative coordinating council for the purpose 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 the statute. Expenditures authorized by this section for this capital improvement project shall not exceed $40,000,000 plus all amounts required for costs of any bond issuance, costs of interest on any bond issued or obtained for such capital improvement project and any required reserves for payment of principal and interest on any bond. Bonds issued under this section shall be financed by appropriations from the state general fund.
(b) In addition to other renovations, reconstructions, repairs or improvements and within the funds appropriated and available therefor, the capital improvement project approved by this section may include portions that (1) address issues of health and safety, (2) modernize building systems, including the technology infrastructure, (3) preserve the artistic and historic integrity of the state capitol, specifically regarding works of art, public spaces, building materials, light wells and skylights and the exterior, and (4) utilize and improve space available, including the basement, to increase the functionality of the state capitol as a working capitol.
History: L. 2000, ch. 110, § 1; July 1.
(a) (1) The state treasurer shall certify to the board of trustees a portion of state moneys available for investment by the pooled money investment board that is equivalent to the aggregate net amount received for unclaimed property. The state treasurer may transfer the amount certified to the board of trustees. All such moneys shall be considered moneys in the state treasury for purposes of K.S.A. 75-6704, and amendments thereto.
(2) Subject to the provisions of subsection (h), the board of trustees is responsible for the management and investment of that portion of state moneys available for investment by the pooled money investment board that is certified by the state treasurer to the board of trustees as being equivalent to the aggregate net amount received for unclaimed property and shall discharge the board's duties with respect to such moneys solely in the interests of the state general fund and shall invest and reinvest such moneys and acquire, retain, manage, including the exercise of any voting rights and disposal of investments of such moneys within the limitations and according to the powers, duties and purposes as prescribed by this section.
(b) Moneys specified in subsection (a) shall be invested and reinvested to achieve the investment objective, which is preservation of such moneys and accordingly providing that the moneys are as productive as possible, subject to the standards set forth in this section. No such moneys shall be invested or reinvested if the sole or primary investment objective is for economic development or social purposes or objectives.
(c) In investing and reinvesting moneys specified in subsection (a) and in acquiring, retaining, managing and disposing of investments of the moneys, the board of trustees shall exercise the judgment, care, skill, prudence and diligence under the circumstances then prevailing that 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 moneys 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 moneys, considering the probable income as well as the probable safety of their capital.
(d) In the discharge of such management and investment responsibilities the board of trustees may:
(1) Contract for the services of one or more professional investment advisors or other consultants in the management and investment of such moneys and otherwise in the performance of the duties of the board of trustees under this section; and
(2) arrange for the custody of such moneys as the board of trustees 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.
(e) The board of trustees shall require that each person contracted with under subsection (d) to provide services shall obtain commercial insurance that provides for errors and omissions coverage for such person in an amount to be specified by the board of trustees. The amount of such coverage specified by the board of trustees 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 of trustees shall require a person contracted with under subsection (d) to provide services 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 of trustees, with corporate surety authorized to do business in this state. Such persons contracted with the board of trustees pursuant to subsection (d) and any persons contracted with such persons to perform the functions specified in subsection (b) shall be deemed to be fiduciary agents of the board of trustees in the performance of contractual obligations.
(f) (1) Subject to the objective set forth in subsection (b) and the standards set forth in subsection (c), the board of trustees shall formulate and adopt policies and objectives for the investment and reinvestment of such moneys and the acquisition, retention, management and disposition of investments of the moneys. Such policies and objectives shall be in writing and shall include:
(A) Specific asset allocation standards and objectives;
(B) establishment of criteria for evaluating the risk versus the potential return on a particular investment; and
(C) a requirement that all investment advisors, and any managers or others with similar duties and responsibilities as investment advisors, shall immediately report all instances of default on investments to the board of trustees and provide such board of trustees with recommendations and options, including, but not limited to, curing the default or withdrawal from the investment.
(2) The board of trustees shall review such policies and objectives, make changes considered necessary or desirable and readopt such policies and objectives on an annual basis.
(g) All interest or other income of the investments of the moneys invested under this section, after payment of any management fees, shall be deposited in the state treasury to the credit of the state general fund.
(h) The state treasurer shall maintain the discretionary authority to liquidate some or a portion of such moneys transferred to the board of trustees pursuant to subsection (a) for:
(1) Investment by the pooled money investment board; or
(2) necessary payments to owners as defined in K.S.A. 58-3934(m), and amendments thereto.
(i) As used in this section:
(1) "Board of trustees" means the board of trustees of the Kansas public employees retirement system established by K.S.A. 74-4905, and amendments thereto.
(2) "Fiduciary" means a person who, with respect to the moneys invested under this section:
(A) Exercises any discretionary authority with respect to administration of the moneys;
(B) exercises any authority to invest or manage such moneys or has any authority or responsibility to do so;
(C) provides investment advice for a fee or other direct or indirect compensation with respect to such moneys or has any authority or responsibility to do so;
(D) provides actuarial, accounting, auditing, consulting, legal or other professional services for a fee or other direct or indirect compensation with respect to such moneys or has any authority or responsibility to do so; or
(E) is a member of the board of trustees or of the staff of the board of trustees.
(3) "Pooled money investment board" means the pooled money investment board established by K.S.A. 75-4221a, and amendments thereto.
History: L. 2000, ch. 110, § 2; L. 2017, ch. 54, § 44; L. 2018, ch. 109, § 124; L. 2019, ch. 68, § 171; L. 2020, ch. 5, § 163; L. 2021, ch. 98, § 178; L. 2022, ch. 81, § 181; L. 2023, ch. 82, § 178; L. 2023, ch. 97, § 67; L. 2024, ch. 61, § 1; July 1.
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(a) The capitol preservation committee shall develop and approve plans to place a mural in the capitol honoring the 1st Kansas (Colored) Voluntary Infantry regiment pursuant to K.S.A. 75-2269, and amendments thereto.
(b) The secretary of administration is hereby authorized to receive moneys from any grants, gifts, contributions or bequests made for the purpose of financing the creation and installation of the 1st Kansas (Colored) Voluntary Infantry regiment mural and to expend such moneys for the purposes for which received. The secretary of administration shall remit all moneys so received to the state treasurer in accordance with the provisions of 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 1st Kansas (Colored) Voluntary Infantry regiment mural fund. Except for the costs associated with the preparation and submission of the plans under subsection (a), no public funds shall be expended for the purpose of financing the creation or installation of the mural developed under this section.
(c) There is hereby established in the state treasury the 1st Kansas (Colored) Voluntary Infantry regiment mural fund. Expenditures from the fund may be made for the purposes of creating and installing the 1st Kansas (Colored) Voluntary Infantry regiment mural and for such other purposes as may be specified with regard to any grant, gift, contribution or bequest. All such expenditures shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of administration or the secretary's designee.
History: L. 2000, ch. 110, § 4; L. 2013, ch. 134, § 23; L. 2023, ch. 2, § 1; July 1.
(a) The secretary of administration is hereby authorized to accept on behalf of the state any grants, gifts, contributions, bequests or donations of personal property or money for the purpose of restoring, renovating, furnishing, improving or beautifying the statehouse. Prior to accepting any such grant, gift, contribution, bequest or donation, the secretary may consult with the legislative coordinating council, the statehouse art and history committee, the capitol area plaza authority or any other appropriate advisory committee.
(b) Any moneys donated for the statehouse and received and accepted by the secretary of administration shall be paid to the department of administration and 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 statehouse account within the state facilities gift fund established by K.S.A. 75-3684, and amendments thereto.
History: L. 1999, ch. 33, § 3; L. 2001, ch. 5, § 374; July 1.
History: L. 1995, ch. 144, § 1; Repealed, L. 2010, ch. 139, § 3; July 1.
All offices located in the state capitol building shall be required to have unique office numbers.
History: L. 2008, ch. 67, § 3; July 1.
(a) The capitol preservation committee shall develop plans to place a mural in the capitol commemorating the United States supreme court decision entered May 17, 1954, in the case of Brown v. Board of Education (347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873).
(b) Except for the costs associated with the preparation and submission of the plans under subsection (a), no public funds shall be used to pay the costs of creating and installing the mural developed under this section.
History: L. 2010, ch. 139, § 1; L. 2013, ch. 134, § 24; July 1.
(a) There is hereby created a capitol preservation committee which will include the membership of the following:
(1) The statehouse architect;
(2) the executive director of the state historical society;
(3) the director of the Kansas creative arts industries commission;
(4) three members appointed by the governor;
(5) two members appointed by the president of the senate and one member appointed by the minority leader of the senate; and
(6) two members appointed by the speaker of the house of representatives and one member appointed by the minority leader of the house of representatives.
The governor shall appoint the chair of the committee. The committee shall meet at least annually and more often upon call of the chairperson, but no more than four meetings shall be called in any year.
(b) Of the members first appointed to the committee, the following term lengths shall apply:
(1) Two members appointed by the governor shall serve two-year terms, and one member appointed by the governor shall serve a one-year term;
(2) the members appointed by the minority leaders of the senate and the house of representatives shall each serve two-year terms; and
(3) the members appointed by the president of the senate and the speaker of the house of representatives shall each serve one-year terms.
Successors to such members shall serve two-year terms.
(c) The committee shall have the following responsibilities:
(1) On or after January 1, 2013, approve all proposals for renovation of all areas of the state capitol, the capitol's visitor center and the grounds surrounding the state capitol to insure that the historical beauty of the areas are preserved;
(2) preserve the proper decor of such areas;
(3) assure that any art or artistic displays are historically accurate and have historic significance;
(4) the location and types of temporary displays and revolving displays in the state capitol including the visitor center; and
(5) oversee the reconfiguration or redecoration of committee rooms within the statehouse.
Implementation of the recommendations of the committee shall be the responsibility of the division of legislative administrative services.
(d) Any permanent displays or monuments proposed to be located on the state capitol grounds must be approved by the committee and authorized by the passage of a bill of the state legislature.
(e) The capitol preservation committee shall annually submit to the governor and the legislature a report of its activities and recommendations.
(f) Members of the 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, however full-time state employees serving on the committee shall not receive such compensation.
(g) The staff of the legislative research department, the office of the revisor of statutes and the division of legislative administrative services shall provide such assistance as may be requested by the committee and to the extent authorized by the legislative coordinating council.
(h) Committee members may engage in or encourage fund raising activities for the limited purpose of funding committee responsibilities as described in subsection (c).
(i) No member of the committee shall hold a fiduciary interest, either directly or indirectly, in any contract relating to the committee responsibilities as described in subsection (c).
History: L. 2010, ch. 139, § 2; L. 2012, ch. 111, § 10; July 1.
(a) The capitol preservation committee shall approve plans to place a permanent memorial honoring Kansas gold star families on the state capitol grounds pursuant to K.S.A. 75-2269, and amendments thereto.
(b) The secretary of administration is hereby authorized to receive moneys from any grants, gifts, contributions or bequests made for the purpose of financing the creation and construction of the memorial and to expend such moneys received for such purpose. The secretary of administration shall remit all 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 Kansas gold star families memorial fund. No public funds shall be expended for the purpose of financing the creation or construction of the memorial.
(c) There is hereby established in the state treasury the Kansas gold star families memorial fund. Expenditures from the fund may be made for the purposes of creating and constructing the memorial and for such other purposes as may be specified with regard to any grant, gift, contribution or bequest. All such expenditures shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of administration or the secretary's designee.
History: L. 2022, ch. 14, § 1; April 14.
(a) The capitol preservation committee shall approve plans to place a permanent memorial honoring the life of Emil Joseph Kapaun pursuant to K.S.A. 75-2269, and amendments thereto.
(b) The secretary of administration is hereby authorized to receive moneys from any grants, gifts, contributions or bequests made for the purpose of financing the creation and construction of the memorial and to expend such moneys received for such purpose. The secretary of administration shall remit all 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 Emil Joseph Kapaun memorial fund. No public funds shall be expended for the purpose of financing the creation or construction of the memorial.
(c) There is hereby established in the state treasury the Emil Joseph Kapaun memorial fund. Expenditures from the fund may be made for the purposes of creating and constructing the memorial and for such other purposes as may be specified with regard to any grant, gift, contribution or bequest. All such expenditures shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of administration or the secretary's designee.
History: L. 2024, ch. 5, § 1; July 1.
History: L. 1879, ch. 166, § 113; R.S. 1923, 75-2301; L. 1968, ch. 143, § 2; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1968, ch. 143, § 7; Repealed, L. 1969, ch. 310, § 66; July 1.
Revisor's Note: Section transferred to 72-5456.
History: L. 1879, ch. 166, § 114; R.S. 1923, 75-2302; L. 1968, ch. 143, § 3; L. 1969, ch. 310, § 57; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1879, ch. 166, § 115; L. 1905, ch. 472, § 1; R.S. 1923, 75-2303; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1879, ch. 166, § 116; L. 1905, ch. 472, § 2; R.S. 1923, 75-2304; L. 1943, ch. 271, § 1; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1905, ch. 472, § 3; R.S. 1923, 75-2305; L. 1943, ch. 271, § 2; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1969, ch. 310, § 55; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1879, ch. 166, § 118; R.S. 1923, 75-2306; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1879, ch. 166, § 119; L. 1905, ch. 472, § 4; R.S. 1923, 75-2307; L. 1968, ch. 143, § 4; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1879, ch. 166, § 120; L. 1905, ch. 472, § 5; R.S. 1923, 75-2308; L. 1968, ch. 143, § 5; L. 1969, ch. 310, § 58; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1879, ch. 166, § 121; L. 1905, ch. 472, § 6; R.S. 1923, 75-2309; L. 1943, ch. 271, § 3; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1879, ch. 166, § 122; L. 1905, ch. 472, § 7; R.S. 1923, 75-2310; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1879, ch. 166, § 123; L. 1905, ch. 472, § 8; R.S. 1923, 75-2311; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1887, ch. 58, § 1; L. 1889, ch. 76, § 1; L. 1905, ch. 472, § 9; R.S. 1923, 75-2312; Repealed, L. 1972, ch. 37, § 3; July 1.
History: L. 1905, ch. 472, § 10; R.S. 1923, 75-2313; Repealed, L. 1974, ch. 294, § 13; July 1.
History: R.S. 1923, 75-2314; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1933, ch. 38, § 1 (Special Session); Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1967, ch. 445, § 1; Repealed, L. 1974, ch. 294, § 13; July 1.
Revisor's Note: Section transferred to 72-5458.
Revisor's Note: Section transferred to 72-5459.
Revisor's Note: Section transferred to 72-5460.
Revisor's Note: Section transferred to 72-5461.
Revisor's Note: Section transferred to 72-5462.
History: L. 1992, ch. 284, § 1; L. 1993, ch. 55, § 1; L. 2002, ch. 204, § 160; L. 2003, ch. 138, § 124; L. 2004, ch. 123, § 170; L. 2005, ch. 174, § 179; L. 2006, ch. 142, § 158; Repealed, L. 2007, ch. 195, § 59; July 1.
History: L. 1992, ch. 284, § 1; L. 1993, ch. 55, § 1; L. 2002, ch. 204, § 160; L. 2003, ch. 138, § 124; L. 2004, ch. 123, § 170; L. 2005, ch. 174, § 179; L. 2006, ch. 165, § 5; Repealed, L. 2007, ch. 195, § 59; July 1.
Revisor's Note: Section transferred to 72-5463.
History: L. 1992, ch. 284, § 1; L. 1993, ch. 55, § 1; L. 2002, ch. 204, § 160; L. 2003, ch. 138, § 124; L. 2004, ch. 123, § 170; L. 2005, ch. 174, § 179; L. 2006, ch. 197, § 29; L. 2007, ch. 195, § 41; L. 2010, ch. 165, § 145; L. 2011, ch. 118, § 180; L. 2012, ch. 175, § 157; L. 2013, ch. 136, § 269; L. 2015, ch. 4, § 72; L. 2015, ch. 92, § 9; L. 2016, ch. 12, § 110; Repealed, L. 2017, ch. 54, § 48; April 27.
History: L. 2005, ch. 194, § 14; Repealed, L. 2006, ch. 197, § 31; July 1.
Revisor's Note: Section transferred to 72-5464.
History: L. 1905, ch. 471, § 2; R.S. 1923, 75-2401; L. 1933, ch. 112, § 2 (Special Session); Repealed, L. 1935, ch. 271, § 5; March 19.
History: L. 1905, ch. 471, § 3; L. 1909, ch. 236, § 1; L. 1923, ch. 224, § 2; R.S. 1923, 75-2402; L. 1927, ch. 300, § 1; L. 1933, ch. 112, § 3 (Special Session); Repealed, L. 1935, ch. 271, § 5; March 19.
History: L. 1905, ch. 471, § 4; R.S. 1923, ch. 224, § 3; R.S. 1923, 75-2403; L. 1951, ch. 449, § 1; Repealed, L. 1967, ch. 447, § 31; June 1.
History: L. 1905, ch. 471, § 5; R.S. 1923, 75-2404; Repealed, L. 1967, ch. 447, § 31; June 1.
History: L. 1905, ch. 471, § 6; R.S. 1923, ch. 224, § 4; R.S. 1923, 75-2405; L. 1933, ch. 112, § 4 (Special Session); Repealed, L. 1935, ch. 271, § 95; March 19.
History: L. 1905, ch. 471, § 8; R.S. 1923, ch. 224, § 6; R.S. 1923, 75-2406; Repealed, L. 1935, ch. 271, § 5; March 19.
History: R.S. 1923, 75-2407; Repealed, L. 1935, ch. 271, § 5; March 19.
History: L. 1905, ch. 471, §§ 9 to 11; R.S. 1923, 75-2408 to 75-2410; Repealed, L. 1967, ch. 447, § 31; June 1.
Revisor's Note: Later act, see 75-3735.
History: L. 1905, ch. 471, § 12; R.S. 1923, 75-2411; L. 1943, ch. 269, § 23; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1905, ch. 471, § 13; L. 1923, ch. 224, § 5; R.S. 1923, 75-2412; Repealed, L. 1967, ch. 447, § 31; June 1.
History: L. 1905, ch. 471, § 14; R.S. 1923, 75-2413; L. 1953, ch. 375, § 68; Repealed, L. 1967, ch. 447, § 31; June 1.
History: L. 1905, ch. 471, § 16; R.S. 1923, 75-2414; Repealed, L. 1967, ch. 447, § 31; L. 1967, ch. 434, § 69; July 1.
History: L. 1905, ch. 471, §§ 17, 18; R.S. 1923, 75-2415, 75-2416; Repealed, L. 1967, ch. 447, § 31; June 1.
History: L. 1935, ch. 271, § 1; L. 1937, ch. 332, § 1; L. 1943, ch. 272, § 1; L. 1951, ch. 449, § 2; L. 1957, ch. 74, § 1; L. 1965, ch. 462, § 1; Repealed, L. 1967, ch. 447, § 31; June 1.
History: L. 1937, ch. 332, § 2; Repealed, L. 1967, ch. 447, § 31; June 1.
History: L. 1959, ch. 344, § 1; Repealed, L. 1967, ch. 447, § 31; June 1.
History: L. 1935, ch. 271, § 2; Repealed, L. 1967, ch. 447, § 31; June 1.
History: L. 1935, ch. 271, § 3; L. 1951, ch. 449, § 3; Repealed, L. 1967, ch. 447, § 31; June 1.
History: L. 1935, ch. 271, § 4; Repealed, L. 1957, ch. 74, § 3; July 1.
History: L. 1873, ch. 136, §§ 1, 2; R.S. 1923, 75-2501, 75-2502; Repealed, L. 1963, ch. 422, § 15; July 1.
History: L. 1870, ch. 112, § 1; R.S. 1923, 75-2503; Repealed, L. 1963, ch. 422, § 15; July 1.
History: L. 1879, ch. 112, § 6; R.S. 1923, 75-2504; Repealed, L. 1951, ch. 450, § 2; June 30.
History: L. 1870, ch. 112, §§ 7, 8; R.S. 1923, 75-2505, 75-2506; L. 1931, ch. 290, §§ 1, 2; Repealed, L. 1963, ch. 422, § 15; July 1.
History: L. 1870, ch. 112, §§ 10, 13; R.S. 1923, 75-2507, 75-2508; Repealed, L. 1931, ch. 290, § 6; May 28.
History: L. 1870, ch. 112, § 14; R.S. 1923, 75-2509; Repealed, L. 1963, ch. 422, § 15; July 1.
Revisor's Note: Later act, see 75-2538.
History: L. 1871, ch. 143, § 2; R.S. 1923, 75-2510; Repealed, L. 1963, ch. 422, § 15; July 1.
Revisor's Note: Later act, see 75-2539.
History: L. 1871, ch. 143, § 3; R.S. 1923, 75-2511; L. 1931, ch. 290, § 3; Repealed, L. 1963, ch. 422, § 15; July 1.
History: L. 1871, ch. 143, § 4; R.S. 1923, 75-2512; Repealed, L. 1963, ch. 422, § 15; July 1.
Revisor's Note: Later act, see 75-2540.
History: L. 1871, ch. 143, § 5; R.S. 1923, 75-2513; L. 1951, ch. 450, § 1; Repealed, L. 1963, ch. 422, § 15; July 1.
History: L. 1871, ch. 143, § 6; R.S. 1923, 75-2514; L. 1931, ch. 290, § 4; Repealed, L. 1951, ch. 450, § 2; June 30.
History: L. 1873, ch. 136, §§ 3, 4; R.S. 1923, 75-2515, 75-2516; Repealed, L. 1931, ch. 290, § 6; May 28.
History: L. 1873, ch. 136, § 5; L. 1899, ch. 163, § 5; R.S. 1923, 75-2517; Repealed, L. 1931, ch. 290, § 6; May 28.
History: L. 1873, ch. 136, § 6; R.S. 1923, 75-2518; Repealed, L. 1963, ch. 422, § 15; July 1.
Revisor's Note: Later act, see 75-2541.
History: L. 1873, ch. 136, § 7; R.S. 1923, 75-2519; L. 1931, ch. 290, § 5; Repealed, L. 1963, ch. 422, § 15; July 1.
Revisor's Note: Later act, see 75-2535, 75-2537.
History: L. 1873, ch. 136, §§ 8, 9; R.S. 1923, 75-2520, 75-2521; Repealed, L. 1963, ch. 422, § 15; July 1.
History: L. 1905, ch. 485, § 1; R.S. 1923, 75-2522; L. 1969, ch. 398, § 1; Repealed, L. 1970, ch. 118, § 7; July 1.
History: L. 1903, ch. 403, § 1; R.S. 1923, 75-2523; Repealed, L. 1970, ch. 118, § 7; July 1.
History: L. 1907, ch. 384, § 1; R.S. 1923, 75-2524; Repealed, L. 1970, ch. 118, § 7; July 1.
History: L. 1933, ch. 294, § 1; Repealed, L. 1970, ch. 118, § 7; July 1.
The Stormont medical library fund and the Stormont library permanent fund are hereby abolished.
History: R.S. 1923, 75-2525; L. 1963, ch. 423, § 2; L. 1996, ch. 2, § 1; July 1.
History: R.S. 1923, 75-2526; Repealed, L. 1996, ch. 2, § 2; July 1.
History: L. 1889, ch. 241, § 2; R.S. 1923, 75-2527; L. 1974, ch. 294, § 6; L. 1975, ch. 404, § 7; L. 1987, ch. 295, § 10; L. 1989, ch. 48, § 95; L. 1992, ch. 272, § 13; Repealed, L. 1996, ch. 2, § 2; July 1.
History: L. 1889, ch. 241, § 3; R.S. 1923, 75-2528; L. 1963, ch. 423, § 3; L. 1974, ch. 294, § 7; Repealed, L. 1996, ch. 2, § 2; July 1.
History: L. 1889, ch. 241, § 4; L. 1901, ch. 252, § 1; R.S. 1923, 75-2529; Repealed, L. 1996, ch. 2, § 2; July 1.
History: R.S. 1923, 75-2530 to 75-2532; Repealed, L. 1951, ch. 445, § 1; June 30.
History: L. 1963, ch. 423, § 1; Repealed, L. 1996, ch. 2, § 2; July 1.
(a) There shall be a state library which shall be designated as the Kansas state library which shall be located in Topeka. The state library shall consist of books, pamphlets, papers, pictures, maps, charts and documents of every description now belonging thereto, together with such others as may be acquired by gift, purchase, exchange or otherwise.
(b) The state library shall provide library and informational services to the judicial, legislative and executive branches of the state government and the state library shall also provide extension services to all of the residents of the state.
(c) For the benefit of blind readers of Kansas, the state library may make available books and other reading matter in Braille, talking books or any other medium of reading used by the blind. To this end, the state library is authorized to provide library services for the blind and other handicapped persons through contract, agreement or otherwise with the library of congress or any regional library thereof.
(d) The chief officer of the state library shall be the state librarian.
(e) The state librarian may apply for and receive public or private grants, gifts and donations of money for the state library. All moneys received for 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 state library fund.
History: L. 1963, ch. 422, § 1; L. 1981, ch. 299, § 33; L. 1983, ch. 280, § 1; L. 1992, ch. 116, § 41; L. 1998, ch. 24, § 1; L. 2001, ch. 5, § 375; July 1.
The state librarian 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 state librarian shall exercise any power, duty or function as state librarian until confirmed by the senate. Any person appointed as the state librarian shall hold a graduate degree in library science and shall have not less than five years actual experience in library administration. The state librarian shall be in the unclassified service under the Kansas civil service act and shall hold office at the pleasure of the governor.
History: L. 1963, ch. 422, § 2; L. 1975, ch. 435, § 1; L. 1978, ch. 332, § 36; L. 1981, ch. 329, § 1; L. 1982, ch. 347, § 53; L. 2008, ch. 121, § 21; July 1.
Before entering upon duties the state librarian shall take the oath of office prescribed by law for public officers.
History: L. 1963, ch. 422, § 3; L. 1967, ch. 434, § 59; July 1.
The state librarian shall have the complete management of the state library, including all extension library services or reader services for the blind and other handicapped persons. The state librarian shall employ a director of reference and such other employees as are required to administer the laws providing for the state library and reference services. Except as otherwise provided by law, all employees of the state librarian shall be within the classified service under the Kansas civil service act. The state librarian may employ student assistants to perform research or other duties prescribed by the state librarian. Each student assistant shall be within the unclassified service under the Kansas civil service act.
History: L. 1963, ch. 422, § 4; L. 1971, ch. 184, § 34; L. 1974, ch. 135, § 15; L. 1977, ch. 187, § 5; L. 1978, ch. 332, § 37; L. 1983, ch. 280, § 2; L. 1985, ch. 273, § 1; July 1.
The state librarian shall have the authority to procure from other states and governments of the United States and foreign countries, societies and institutions, their documents, laws, judicial decisions and publications by exchanging those of this state for them.
History: L. 1963, ch. 422, § 5; L. 1974, ch. 135, § 16; July 1, 1975.
To enable the librarian to make these exchanges the secretary of state is hereby required to deliver to the librarian as soon as published, sufficient copies of all documents and publications to enable the librarian to supply such exchanges and to fill such other requests as are authorized by law.
History: L. 1963, ch. 422, § 6; L. 1974, ch. 135, § 17; July 1, 1975.
The state librarian may exchange, sell or loan indefinitely, duplicate books, sets of works or other duplicate or temporary material and the proceeds from any such sales may be used for miscellaneous library purposes. Any proceeds from sales shall be deposited in the state treasury to the credit of the state library fund. Any exchanges, sales or loans made hereunder shall be exempt from the provisions of K.S.A. 75-3739 to 75-3744, inclusive, and amendments thereto.
History: L. 1963, ch. 422, § 7; L. 1987, ch. 332, § 1; L. 1994, ch. 162, § 2; July 1.
The librarian shall cause each book, pamphlet and document received by the state library to be properly stamped with the words "Kansas state library" and to be classified and catalogued in accordance with approved library methods.
History: L. 1963, ch. 422, § 8; July 1.
The state librarian shall adopt such rules for the government of the library and extension services and for the use of the books and other property thereof as he or she may deem necessary. Under such regulations, the state librarian may loan such books and materials as may be designated for that purpose to any library in the state, or to any community not having an established library, or to any organization or individual conforming to the conditions of said regulations; and such books and other material so loaned shall be changed at suitable intervals subject to such reasonable regulations as may be adopted by said librarian, and in such manner as to secure to the greatest practicable degree the use and enjoyment of such books and other materials to the people of the entire state.
The state librarian may establish area or branch offices and service centers of the state library for the purpose of facilitating local library service. The state librarian shall provide leadership and assistance in the organization and development of local library agencies through field visits, conferences, and institutes, and shall give advice and counsel to libraries, municipalities, organizations or individuals in details of library processes and of management, and may send a staff member to aid in organization or in improvement of library methods. The state librarian may help organize, set up standards for, and advise in the management of county and regional libraries, and may enter into contracts with municipalities and with library boards to effectively execute demonstration libraries or affiliated library systems, and may assume administrative responsibility and control of any contractual projects during any period when state or federal funds are being used to support such projects.
History: L. 1963, ch. 422, § 9; July 1.
History: L. 1963, ch. 422, § 10; Repealed, L. 1974, ch. 382, § 5; July 1.
All of the powers, duties, authority and jurisdiction vested in and imposed upon the traveling libraries commission under article 26 of chapter 75 of the General Statutes of 1949 and acts amendatory thereof are hereby transferred to and conferred upon the state librarian, and the state librarian is hereby authorized, empowered and directed to do all things necessary for the proper exercise thereof. On July 1, 1963, all books, papers, records and all other properties of the traveling libraries commission, including all motor vehicles, and any and all other properties purchased with state funds shall become and be the property of the state librarian and said librarian is hereby authorized to accept such properties for the use of the state library. The Kansas traveling libraries commission is hereby abolished.
History: L. 1963, ch. 422, § 12; July 1.
History: L. 1963, ch. 422, § 13; Repealed, L. 1978, ch. 332, § 57; July 1.
(a) There is hereby created the state library of Kansas board, which shall consist of 14 members as follows:
(1) Seven members shall be professional librarians appointed by the governor. The professional organizations representing the following types of librarians shall each submit a list of three nominees for appointment to the board and the governor shall appoint one member from each such list: (A) Public librarians; (B) school librarians; (C) regents' librarians; (D) community college librarians; (E) private college librarians; (F) regional library systems librarians; and (G) special librarians. It shall be the responsibility of the state librarian to collect the names of nominees from the professional organizations of the librarians and to transmit them to the governor.
(2) Four members shall be appointed by the governor as follows: (A) One member who is a trustee of a public library; (B) two members representing the general public; and (C) one member who shall be a qualified member of the Kansas federation of women's clubs.
(3) Three members shall be members ex officio and shall not be entitled to vote. Such members shall be: (A) The executive officer of the board of regents or the designee of the executive officer; (B) the commissioner of education or the designee of the commissioner; and (C) the state librarian.
(b) Each appointed member of the board shall serve for a term of four years and until a successor is appointed and qualifies except members first appointed to the board shall serve the following terms, as designated by the governor: Three shall serve for terms of four years, three for terms of three years, two for terms of two years and three for terms of one year. The appointed members of the board shall not serve more than two consecutive four-year terms.
(c) It shall be the duty of the governor to make appointments in the manner provided by subsection (a) to fill vacancies on the board as they occur. Any person appointed to a vacancy shall serve for the unexpired term until a successor is appointed and qualifies.
(d) The board shall organize annually by electing a chairperson and a vice-chairperson. The vice-chairperson shall preside at meetings in the absence of the chairperson. The state librarian shall serve as secretary of the board. The board shall meet at least quarterly and at such other times as meetings are called by the secretary.
(e) The board shall:
(1) Advocate for statewide library services and resources, encouraging cooperation among libraries and promoting and encouraging innovative library services;
(2) advise and counsel the state librarian on policies and management and the state library strategic plan;
(3) review and approve the annual plans of regional systems of cooperating libraries;
(4) perform such other duties and functions as provided by law; and
(5) recommend statewide priorities for interlibrary cooperation and resource sharing.
(f) Members of the board attending meetings of the board, or attending a subcommittee meeting thereof authorized by the board, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto. Amounts paid under this section shall be paid from appropriations to the state library upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state librarian or a person designated by the state librarian.
History: L. 1963, ch. 422, § 14; L. 1974, ch. 348, § 89; L. 1975, ch. 416, § 19; L. 1983, ch. 281, § 1; L. 2007, ch. 114, § 1; L. 2012, ch. 173, § 3; June 7.
(a) The state library advisory commission established by K.S.A. 75-2546, and amendments thereto, and the Kansas library network board established by K.S.A. 75-2578, and amendments thereto, are hereby abolished. Except as otherwise provided by this act, all powers, duties and functions of the existing commission and board are hereby transferred to and imposed upon the state library of Kansas board.
(b) Except as otherwise provided by this act, the state library of Kansas board shall be the successor in every way to the powers, duties and functions of the state library advisory commission and the Kansas library network board in which the same were vested prior to the effective date of this act. Every act performed in the exercise of such transferred powers, duties and functions by or under the authority of the state library of Kansas board shall be deemed to have the same force and effect as if performed by the state library advisory commission or the Kansas library network board in which the powers, duties and functions were vested prior to the effective date of this act.
(c) Whenever the state library advisory commission or the Kansas library network 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 library of Kansas board established by this act.
(d) On the effective date of this act, any officer or employee who was an officer or employee of the state library advisory commission or the Kansas library network board and who immediately prior to the effective date of this act was engaged in the performance of the same or similar powers, duties and functions which are transferred to or imposed upon the state library of Kansas board or the state librarian by this act and who, in the opinion of the state librarian, is necessary to perform such powers, duties and functions shall become an officer or employee of the state librarian and shall retain all retirement benefits which such officer or employee had before the effective date of this act and the officer's or employee's services shall be deemed to have been continuous. Any classified employee so transferred shall retain the employee's status as a classified employee.
(e) The balances of all funds or accounts thereof appropriated or reappropriated for the state library advisory commission or the Kansas library network board are hereby transferred within the state treasury to the state librarian and shall be used only for the purpose for which the appropriation was originally made. Liability for all accrued compensation or salaries of officers and employees who are transferred to the state librarian under this act shall be assumed and paid by the state librarian.
(f) All books, records and other property of the state library advisory commission or the Kansas library network board are hereby transferred to and become the property of the state library of Kansas board.
(g) All rules and regulations of the state library advisory commission or the Kansas library network 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 state library of Kansas board established by this act until revised, amended, revoked or nullified pursuant to law.
(h) All orders and directives of the state library advisory commission or the Kansas library network 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 library of Kansas board established by this act until revised, amended or nullified pursuant to law.
History: L. 2007, ch. 114, § 2; July 1.
The purpose of this act is for the state in cooperation with local libraries to provide adequate library services to all citizens of the state through the regional systems of cooperating libraries herein provided, by use of joint planning and financing of library services to improve existing service, to utilize such federal aid funds as may be available and to extend library service to persons not having the same at this time.
History: L. 1965, ch. 105, § 1; June 30.
As used in this act, unless the context otherwise requires:
(a) "Board" means the library board of any library established or operating under authority of the laws of Kansas.
(b) "Participating board" or "participating library" means a board or library or district that is cooperating and participating in a regional system of cooperating libraries.
(c) "Regional system of cooperating libraries" means two or more libraries cooperating in a system approved by the state board and officially designated as a regional system of cooperating libraries under this act.
(d) "System board" means the governing board comprised of representatives of libraries in a regional system of cooperating libraries, and which is authorized by this act to direct and plan library service for a regional system to the extent and in the manner provided by this act.
(e) "Library" may include school, community junior college, college or university libraries to the extent authorized by rules and regulations of the state board, but does not include law libraries.
(f) "State board" means the state library of Kansas board.
(g) "System librarian" means a person (not a state officer or employee) who has been certified by the state board as being qualified by education or experience to perform duties as a librarian for a regional system of cooperating libraries, and who shall attend system board meetings but shall not be a voting member thereof.
History: L. 1965, ch. 105, § 2; L. 1968, ch. 214, § 1; L. 2007, ch. 114, § 3; July 1.
Any one or more boards, may petition the state board for establishment of a regional system of cooperating libraries comprised of territory which includes one or more counties, except territory supporting a library regularly subject to a tax levy of .25 mill or more shall be excluded from the proposed regional system upon request of the governing body of the district making such levy. Such petition shall be prepared in cooperation with the state librarian on forms provided by him or her. Such petition may propose cooperative arrangements with institutions of higher learning. Such petition shall include, but shall not be limited to, the following information:
(a) A statement of purpose for establishment of the proposed system and an outline of the proposed program of the system.
(b) A list of the counties to be included in the proposed regional system of cooperating libraries and any exclusions therefrom.
(c) A list of the participating libraries within the proposed regional system of cooperating libraries, together with the names and addresses of the members of the board of each such library.
(d) Letters or resolutions from each of the boards of participating libraries indicating the interest and attitude of such board toward establishment of the regional system of cooperating libraries.
(e) A list of the current budgets of each participating library showing items for library material and personnel for each such budget.
(f) Indication of local support appropriate to the operation of the proposed regional system of cooperating libraries.
(g) The number of persons to be served by the system, showing those presently within the taxing districts supporting one of the participating libraries, and those persons not within such a district.
(h) Such other information as may be requested by the state librarian.
History: L. 1965, ch. 105, § 3; L. 2007, ch. 114, § 4; July 1.
Each regional system of cooperating libraries established under or governed by the provisions of this act shall constitute a body corporate and politic, possessing the usual powers of a corporation for public purposes and may contract, sue and be sued and acquire, hold and convey real and personal property in accordance with law.
History: L. 1968, ch. 214, § 2; March 26.
The following regional systems of cooperating libraries are hereby validated and established with names and territory, except territory excluded pursuant to law as specified by the state board, as follows:
Northwest Kansas Library System, comprised of the counties of Trego, Gove, Logan, Wallace, Graham, Sheridan, Thomas, Sherman, Norton, Decatur, Rawlins, and Cheyenne.
Central Kansas Library System, comprised of the counties of Phillips, Rooks, Ellis, Rush, Pawnee, Smith, Osborne, Russell, Barton, Jewell, Mitchell, Lincoln, Ellsworth, Republic, Cloud, Ottawa, and Saline.
North Central Library System, comprised of the counties of Washington, Clay, Dickinson, Marion, Marshall, Riley, Pottawatomie, Geary, Wabaunsee, Morris, Chase, and Lyon.
Southeast Kansas Library System, comprised of the counties of Greenwood, Elk, Chautauqua, Coffey, Woodson, Wilson, Montgomery, Anderson, Allen, Neosho, Labette, Linn, Bourbon, Crawford, and Cherokee.
South Central Kansas Library System, comprised of the counties of Kiowa, Stafford, Pratt, Barber, Rice, McPherson, Reno, Harvey, Kingman, Harper, Sedgwick, Sumner, Butler, and Cowley.
Northeast Kansas Library System, comprised of the counties of Nemaha, Jackson, Shawnee, Osage, Brown, Doniphan, Atchison, Jefferson, Leavenworth, Wyandotte, Douglas, Johnson, Franklin, and Miami.
Southwest Kansas Library System, comprised of the counties of Greeley, Hamilton, Stanton, Morton, Wichita, Kearny, Grant, Stevens, Scott, Lane, Ness, Finney, Hodgeman, Gray, Ford, Haskell, Seward, Meade, Clark, Edwards, and Comanche.
History: L. 1968, ch. 214, § 4; L. 2007, ch. 114, § 5; July 1.
(a) The system board shall consist of one or more representatives selected by each of the boards participating in the regional system, and one or more representatives appointed by the board of county commissioners of each county that is a part of the regional system to represent territory not within the district of [the] participating library board but within the territory of the regional system of cooperating libraries. The petition provided for in K.S.A. 75-2549, and amendments thereto, may propose the number of representatives of each such board, but the determination thereof shall be made by the state board when approving such petition. The state board shall consider any petition presented to it as provided in this act and if it approves such petition it shall adopt a resolution officially designating such particular regional system of cooperating libraries and describing the territory thereof which shall include one or more counties but shall exclude the territory of any taxing district which regularly levies 0.25 or more mills of tax for the support of a public library upon the request of the governing body of the district making such levy. Any district so excluded may later petition to be added to and included in the regional system of cooperating libraries from which it was excluded and such petition shall be prepared and processed as other petitions provided for by this act. Additional counties may be added to the territory of any regional system of cooperating libraries upon petition by a library board located in such county and such a petition shall be prepared and processed as is provided in this act for initial petitions; except that the prior approval in writing of a petition under this sentence shall be obtained by the petitioning board from the regional board and attached to the petition when submitted to the state board. Within two weeks after receiving notice of approval of a petition provided for under this act the board of each participating library and the board of county commissioners of the county of residence of such appointee, shall select the number of representatives determined by the state board and shall certify the names and addresses of such representatives to the state librarian. The term of each such representative may be proposed in the petition provided under K.S.A. 75-2549, and amendments thereto, but shall not exceed four years, and the final determination of duration of terms shall be made by the state board at the time of approval of the petition.
(b) Any taxing district which regularly levies 0.25 mill or more of tax for the support of a public library, and which taxing district has been included in a regional system, may petition to be excluded from the regional system. Such petition shall be made and presented to the state board. The state board shall consider any such petition and if such taxing district meets the requirement for making such a petition and if excluding such taxing district from the regional system will do no manifest harm thereto, the state board may enter its order excluding and detaching such taxing district from the regional system and making such adjustment to the organization of such regional system as may be appropriate to continue the operation of the regional system without interruption.
(c) The system board shall have the authority and power to:
(1) Operate a system of library service to and for participating libraries;
(2) the system board may purchase service from a participating library for the benefit of the regional system of cooperating libraries;
(3) the system board may contribute to or receive contribution from any participating library, and may receive and utilize any gift of funds or property donated to the regional system of cooperating libraries;
(4) the system board may contract with any one or more participating libraries and the board of each participating library is hereby authorized to contract with the system board or with any one or more other boards, but any such contract shall provide that the same shall not take effect until approved by the state librarian;
(5) the system board may contract with any other system board or any board, but any such contract shall provide that the same shall not take effect until approved by the state librarian; and
(6) employ a system librarian and such other persons as the regional board may find convenient or necessary.
History: L. 1965, ch. 105, § 4; L. 2007, ch. 114, § 6; L. 2017, ch. 82, § 2; July 1.
Subject to rules and regulations of the state board, any system board may provide for the selection of an executive board to which it may delegate any or all of its legal functions except adoption of annual budget.
History: L. 1968, ch. 214, § 3; L. 2007, ch. 114, § 7; July 1.
Federal funds for public library service made available to the state which are administered by the state librarian or state board may be used in support of any one or more regional system of cooperating libraries within the provisions of such federal legislation. The use of funds of any regional system of cooperating libraries shall be established by the system board by contracts with boards of participating libraries, or otherwise.
Participating boards shall have the power and are hereby authorized to pay for services purchased from the system board.
Any funds appropriated by the legislature and administered by the state librarian for the promotion of library services may be used to pay all or part of the expenses and equipment of any regional system of cooperating libraries.
The system board shall be subject to the cash basis and budget laws of the state. The budget of the system board shall be prepared, adopted and published as provided by law and hearing shall be held thereon in the first week of the month of August of each year. The tax levy made pursuant to the budget shall be based upon the certified preliminary abstract of property values submitted to the director of property valuation pursuant to K.S.A. 79-1604, and amendments thereto, and shall be certified to the county clerks of each county in the territory of the regional system of cooperating libraries.
Each system board is hereby authorized to levy not in excess of ¾ mill of tax to be used for library purposes on all of the taxable property within the boundaries of the regional system of cooperating libraries that is not within a district supporting a library with funds of the district.
History: L. 1965, ch. 105, § 5; L. 1983, ch. 282, § 1; L. 2006, ch. 205, § 7; L. 2007, ch. 114, § 8; July 1.
The state board shall adopt rules and regulations establishing standards for (1) approval of regional system petitions, (2) review and amendment of regional system plans, (3) certification of system librarians, and (4) such other matters as the state board may deem advisable.
History: L. 1965, ch. 105, § 6; L. 2007, ch. 114, § 9; July 1.
This act may be cited as the state grants-in-aid to libraries act.
History: L. 1974, ch. 381, § 1; July 1.
As used in this act, unless the context clearly indicates a different meaning:
(a) "Local public libraries" mean:
(1) Kansas libraries operating under the provisions of K.S.A. 12-1215 through 12-1248, and amendments thereto;
(2) libraries operating under the provisions of K.S.A. 12-1260 through 12-1270, and amendments thereto;
(3) libraries operating under the provisions of K.S.A. 2025 Supp. 12-12,104 through 12-12,111, and amendments thereto;
(4) libraries operating under the provisions of K.S.A. 2025 Supp. 12-12,112 through 12-12,119, and amendments thereto;
(5) libraries operating under the provisions of K.S.A. 12-1276, and amendments thereto;
(6) libraries operating under the provisions of K.S.A. 72-1623, and amendments thereto; or
(7) municipalities contracting with any library for the furnishing of library services to such municipality pursuant to K.S.A. 12-1230 or 12-1269, and amendments thereto;
(b) "regional libraries" mean the regional systems of libraries heretofore organized and operating under authority of K.S.A. 75-2547 through 75-2552, and amendments thereto;
(c) "state library" means the Kansas state library created and operating under authority of K.S.A. 75-2534, and amendments thereto; and
(d) "state librarian" means the state librarian appointed pursuant to K.S.A. 75-2535, and amendments thereto.
History: L. 1974, ch. 381, § 2; L. 1978, ch. 343, § 1; L. 1994, ch. 20, § 1; L. 2024, ch. 107, § 17; July 1.
In accordance with the provisions of appropriation acts, the state librarian shall annually apportion and direct the payment to each of the eligible libraries its pro rata share of the moneys available for grants-in-aid for local public libraries and regional libraries. The amount due each library shall be computed as follows: The total amount in the fund shall be distributed ⅔ to the eligible local public libraries on the basis that the population of each of the eligible local districts bears to the total population of all eligible local public library districts in Kansas; and ⅓ of the total fund shall be distributed to each of the regional libraries in accordance with a formula for such distribution established by rules and regulations of the state librarian, which formula shall apply a base grant of equal size to each regional library system and shall apply the factors of the population of the territory of each regional library system and the square miles of territory of each regional library system.
History: L. 1974, ch. 381, § 3; L. 1974, ch. 382, § 1; L. 1981, ch. 330, § 1; L. 1989, ch. 263, § 1; L. 1994, ch. 162, § 3; July 1.
(a) The state librarian shall determine the amount of the grant-in-aid each eligible local public library is to receive based on the latest population census figures as certified by the division of the budget.
(b) Except as provided by subsection (d), no local public library shall be eligible for any state grants-in-aid if the total amount of the following paragraphs is less than the total amount produced from such sources for the same library for the previous year, based on the information contained in the official annual budgets of municipalities that are filed with the division of accounts and reports in accordance with K.S.A. 79-2930, and amendments thereto:
(1) The amount produced by the local ad valorem tax levies for the current year expenses for such library;
(2) the amount of moneys received from taxes levied upon motor vehicles under the provisions of K.S.A. 79-5101 et seq., and amendments thereto, for current year expenses for such library; and
(3) the amount of moneys received in the current year from collections of unpaid local ad valorem tax levies for prior year expenses for such library.
(c) Local public library districts in which the assessed valuation decreases shall remain eligible for state grants-in-aid so long as the ad valorem tax mill rate for the support of such library has not been reduced below the mill rate imposed for such purpose for the previous year.
(d) If a local public library fails to qualify for eligibility for any state grants-in-aid under subsection (b), the state librarian shall have the power to continue the eligibility of a local public library for any state grants-in-aid if the state librarian, after evaluation of all the circumstances, determines that the legislative intent for maintenance of local tax levy support for the on-going operations of the library is being met by the library district.
(e) The distribution so determined shall be apportioned and paid on February 15 of each year.
History: L. 1974, ch. 381, § 4; L. 1974, ch. 382, § 2; L. 1981, ch. 330, § 2; L. 1985, ch. 274, § 1; L. 1994, ch. 20, § 2; L. 1998, ch. 24, § 2; L. 2024, ch. 1, § 8 (Special Session); June 27.
Annually, on or before February 15, the state librarian shall certify to the director of accounts and reports the amounts payable for the current year to each of the libraries in the state as computed under the provisions of K.S.A. 75-2555, and amendments thereto. The director of accounts and reports shall draw warrants on the moneys available for grants-in-aid for local public libraries and regional libraries as specified by the state librarian pursuant to vouchers approved by the state librarian or the state librarian's designee. The director of accounts and reports shall notify the state treasurer and the state librarian of such action.
History: L. 1974, ch. 381, § 5; L. 1981, ch. 330, § 3; L. 1994, ch. 20, § 3; L. 1998, ch. 24, § 3; July 1.
State funds distributed to a local public library or a regional library as grants-in-aid shall not be expended for construction, repair or debt reduction, but state funds so received by a local public library or a regional library shall be expended or encumbered as authorized during the calendar year received even though not included in any budget of expenditures for such year. Funds expended in violation of this section may thereafter be withheld from later state grants-in-aid to the local public library or the regional library even though such withholding be made in a different fiscal year.
History: L. 1974, ch. 381, § 6; L. 1975, ch. 436, § 1; L. 1988, ch. 335, § 1; L. 1998, ch. 24, § 4; July 1.
Annually, each local public library and each regional library receiving grants-in-aid under this act shall report to the state librarian the manner in which state grants-in-aid received were expended or are encumbered. The report shall cover the period from October 1 of the previous calendar year through September 30 and shall be filed with the state librarian on or before November 1 of each year.
History: L. 1974, ch. 381, § 7; L. 1974, ch. 382, § 3; L. 1981, ch. 330, § 4; L. 1998, ch. 24, § 5; July 1.
The state librarian is hereby authorized to adopt such rules and regulations as may be necessary to properly administer this act. The state librarian shall review all reports submitted and is authorized to reject any report that he or she finds inaccurate. The state librarian is further authorized to withhold grants-in-aid to any library that fails to comply with this act or the rules and regulations of the state librarian. The state librarian shall apprise the director of accounts and reports of all failures of libraries to comply with the provisions of this act.
History: L. 1974, ch. 381, § 8; July 1.
The state librarian shall include in his or her annual budget request the estimated amount needed for the succeeding fiscal year for grants-in-aid to libraries of Kansas. This request shall be based on amounts requested by the libraries and amounts reasonably available for such purposes. The legislature may appropriate, credit or transfer funds to the grants-in-aid fund as deemed necessary. At the time of making such annual requests for funds, the state librarian shall report all apportionments and payments of moneys to libraries in accordance with this act during the preceding twelve-month period together with the manner such funds were expended or encumbered.
History: L. 1974, ch. 381, § 9; July 1.
The state librarian shall be vested with the authority to apply for and receive any grants or other funds for library purposes, from the federal government or any agency thereof and shall be authorized to enter into any agreement necessary on behalf of the state to receive such grants or funds. All amounts received under 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 library fund and shall be distributed in accordance with this act and appropriation acts of the legislature upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state librarian or a person or persons designated by the state librarian. Amounts distributed under this section shall be distributed by the state librarian. Amounts distributed under this section shall be distributed in accordance with any applicable requirements of federal statutes or other federal law, however, to the extent not prohibited by federal statutes or other federal law, such distributions shall be made from time to time in accordance with the formula prescribed in K.S.A. 75-2555, and amendments thereto. The state library of Kansas board established under K.S.A. 75-2546, and amendments thereto, may adopt such plan as is required by federal statutes or other federal law relating to distribution of moneys under this section, and such plan shall be consistent with the requirements of this section to the extent authorized by federal statutes and other federal law. Vouchers approved by the state librarian under this section shall make distribution in accordance with any such plan and the requirements of this section. Nothing in this act shall be deemed to prohibit any local public library from making independent application to any federal agency for federal funds, and such applications by local public libraries are hereby authorized, and any federal funds received exclusively pursuant to such an application by a local public library may be expended without regard to the limitations of this act, and entitlements to grants-in-aid or federal moneys under this act shall not be reduced because of any funds so received.
History: L. 1974, ch. 381, § 10; L. 1974, ch. 382, § 4; L. 2001, ch. 5, § 376; L. 2007, ch. 114, § 10; July 1.
(a) The state librarian may contract with any state agency or institution, any board of trustees of a community college, any board of education of a school district, the governing authority of any nonpublic school or any public library or any regional system of cooperating libraries for computerized information and cataloging services.
(b) The state librarian, with the approval of the director of accounts and reports, shall maintain a cost system in accordance with generally accepted accounting principles. In accordance with such cost system, the state librarian shall fix, charge and collect fees for such computerized information and cataloging services to recover all or part of the operating expenses incurred therefor.
History: L. 1976, ch. 362, § 1; L. 1987, ch. 332, § 2; L. 1994, ch. 162, § 4; July 1.
History: L. 1976, ch. 362, § 2; Repealed, L. 1987, ch. 332, § 3; July 1.
As used in this act, the following terms and phrases shall have the meanings respectively ascribed thereto in this section:
(a) "Publication" means any report, pamphlet, book or other materials provided by a state agency for use by the general public;
(b) "state agency" means any state office or officer, department, board, commission, institution, bureau, society or any agency, division or unit within any state office, department, board, commission or other state authority.
History: L. 1976, ch. 358, § 1; July 1.
(a) The state librarian is hereby authorized and directed to establish, operate and maintain a publication collection and depository system as provided in this act.
(b) Each state agency shall deposit with the Kansas state library and the state historical society one printed copy of any publication issued by such state agency. If more copies are needed, the state librarian shall request the specified quantity.
(c) The state librarian shall forward two copies of all such publications to the library of congress, one copy to the center for research libraries and one or more copies shall be retained permanently in the Kansas state library. Additional copies, as may be prescribed by rule and regulation, may be required for the depository system.
History: L. 1976, ch. 358, § 2; L. 2002, ch. 151, § 10; July 1.
(a) The state librarian shall periodically publish and distribute to complete depository libraries, selective depository libraries, state agencies, state officers and members of the Kansas legislature, an official list of state publications with at least an annual cumulation. Said official list shall provide a record of each agency's publications and shall show, in addition, the author, title, major subject content and other appropriate catalogue information for any such publication. Annually each state agency shall furnish to the state library a complete list of their publications for the previous year which the state librarian shall use to maintain a permanent record of publications.
(b) To be designated as a complete depository library any Kansas resource library, regional public library, libraries in institutions of higher education or other libraries must contract with the state librarian agreeing at a minimum to provide adequate facilities for the storage and use of any such publication and to render reasonable service without charge to qualified patrons in the use of such publication and to maintain its full collection of such publications indefinitely subject to disposal upon approval by the state librarian. Any library designated as a complete depository shall receive one copy of every state publication deposited with the Kansas state library. Any library designated as a selective depository shall receive only copies of publications which such library requests.
History: L. 1976, ch. 358, § 3; July 1.
The state librarian is hereby authorized to adopt rules and regulations necessary to implement and administer the provisions of this act.
History: L. 1976, ch. 358, § 4; July 1.
History: L. 1992, ch. 123, §§ 1 to 3; July 1; Expired, July 1, 1996.
The provisions of K.S.A. 1996 Supp. 75-2569 through 75-2571 shall expire on July 1, 1996.
History: L. 1992, ch. 123, § 4; July 1.
The purpose of this act is to provide for a more orderly process whereby all types of libraries in Kansas may participate in programs of interlibrary cooperation and resource sharing. It is deemed appropriate that there be a state-level coordinating authority for recommending statewide priorities for interlibrary cooperation and resource sharing among all of the various libraries in Kansas. Cooperative planning and priority recommendation by a state-level organization, which is broadly representative of all of the libraries in the state, can assure an efficient and comprehensive statewide development of library services.
History: L. 1981, ch. 319, § 1; July 1.
As used in this act, unless the context otherwise requires:
(a) "Board" means the state library of Kansas board created by this act.
(b) "Regional systems of cooperating libraries" means the regional systems of cooperating libraries created under authority of K.S.A. 75-2547 through 75-2552, and amendments thereto.
(c) "Systems librarians" means the chief officers of the regional systems of cooperating libraries.
(d) "Public libraries" means libraries operated under the provisions of K.S.A. 12-1215 through 12-1248, and amendments thereto.
(e) "Public librarians" means the chief officers of the public libraries.
(f) "State library" means the Kansas state library created and operating under authority of K.S.A. 75-2534, and amendments thereto.
(g) "State librarian" means the chief officer thereof, appointed pursuant to K.S.A. 75-2535, and amendments thereto.
(h) "Regents' librarians" means the chief officers of the libraries at institutions operated by the Kansas state board of regents.
(i) "School librarians" means the chief officers of libraries operated by unified school districts.
(j) "Community college librarians" means chief officers of libraries operated by community colleges established pursuant to K.S.A. 71-1401 through 71-1420, and amendments thereto.
(k) "Private college librarians" means chief officers of libraries operated by accredited independent institutions as defined in K.S.A. 72-6107, and amendments thereto, and the chief officer of the library operated by Washburn university of Topeka.
(l) "Special librarians" means the chief officers of all other publicly supported and private libraries, including special purpose libraries and archives located in Kansas.
(m) "Library network" means an organization of types of libraries interconnected to achieve their common purposes through cooperative use of communications, computer technology, library and human resources.
History: L. 1981, ch. 319, § 2; L. 2007, ch. 114, § 11; July 1.
One of the functions of the state library shall be to provide programs of interlibrary cooperation under the direction and supervision of the board.
History: L. 1981, ch. 319, § 3; L. 2007, ch. 114, § 12; July 1.
History: L. 1981, ch. 319, §§ 4 to 10; Repealed, L. 2007, ch. 114, § 13; July 1.
The board may contract under K.S.A. 75-2563 when necessary and may make expenditures for state-level cooperative activities. Such expenditures may include federal funds awarded to the board for programs of interlibrary cooperation and resource sharing.
History: L. 1981, ch. 319, § 11; July 1.
History: L. 1981, ch. 319, § 12; Repealed, L. 2007, ch. 114, § 13; July 1.
The board of education of any unified school district is hereby authorized to participate in the library network created by this act. Any costs involved in such participation shall be chargeable to the general fund of the school district.
History: L. 1981, ch. 319, § 13; July 1.
(a) The state librarian may provide telecommunications services through the Kansas agency network to provide inter-library resource sharing information services to local public, academic school and special libraries. The state librarian shall fix, charge and collect fees for such telecommunication services to recover all or part of the operating expenses incurred for such telecommunications services.
(b) The state librarian may operate a central library materials purchasing activity to centrally order and collect payments for specialized library materials for libraries in Kansas. The state librarian shall fix, charge and collect fees for such specialized library materials to recover all or part of the operating expenses incurred for such central library materials purchasing activity and the provision of such specialized library materials.
(c) The state librarian may conduct library workshops and conferences for librarians and other interested persons and may fix, charge and collect fees for such workshops and conferences to recover all or part of the operating expenses incurred therefor.
(d) The state librarian shall administer the state library fund. All expenditures from the state library fund shall be for operating expenses, including official hospitality, 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 librarian or by the state librarian's designee.
(e) The following receipts, proceeds and other moneys received by the state librarian shall be deposited in the state treasury to the credit of the state library fund:
(1) All moneys received by the state librarian for fees fixed, charged and collected under this section;
(2) all receipts for sales of goods and services under K.S.A. 75-2563, and amendments thereto;
(3) all proceeds from sales of duplicate books, sets of works or other duplicate or temporary material under K.S.A. 75-2540, and amendments thereto; and
(4) all moneys received from sales of surplus property of the state library under the state surplus property act.
History: L. 1994, ch. 162, § 1; July 1.
(a) Any school district that provides public access to a computer shall implement and enforce technology protection measures to ensure that no minor has access to visual depictions that are child pornography, harmful to minors or obscene. Each board of education shall adopt policies for the enforcement of this subsection. Such policies and any standards or rules promulgated pursuant to such policies shall be made available to the public.
(b) (1) Any public library that provides public access to a computer shall implement and enforce technology protection measures to:
(A) Ensure that no minor has access to visual depictions that are child pornography, harmful to minors or obscene; and
(B) ensure that no person has access to visual depictions that are child pornography or obscene.
(2) An employee of a public library may disable a technology protection measure if:
(A) Requested to do so by a library patron who is not a minor; and
(B) the technology protection measure is disabled only to enable access for legitimate research or other lawful purpose.
(c) The state librarian shall establish standards and promulgate rules and regulations for the enforcement of the provisions of subsection (b). Such standards and rules and regulations shall be distributed to the public libraries in this state, posted in a conspicuous place in such public libraries and made available to the public.
(d) The governing body of each public library shall adopt a policy to implement and enforce the provisions of subsection (b) in accordance with the standards and rules and regulations described in subsection (c). Such policy shall be reviewed at least once every three years by such governing body and shall:
(1) State that the purpose of the policy is to restrict access to those materials that are child pornography, harmful to minors or obscene;
(2) provide how such public library will meet the requirements of this section;
(3) require such public library to inform its patrons of the standards and rules and regulations that library employees follow to enforce the provisions of this section; and
(4) require such public library to inform its patrons that procedures for the submission of complaints about the standards and rules and regulations, the enforcement thereof, or observed patron behavior, have been adopted and are available for review.
(e) Any school district or public library that is in compliance with the provisions of this section shall not be liable for any damages arising out of or related to a minor gaining access to visual depictions that are child pornography, harmful to minors or obscene through the use of a computer that is owned or controlled by such school district or public library.
(f) As used in this section:
(1) "Board of education" means the board of education of any school district;
(2) "child pornography" means a visual depiction of a minor shown or heard engaging in sexually explicit conduct with intent to arouse or satisfy the sexual desires or appeal to the prurient interest of the offender or any other person;
(3) "harmful to minors" shall have the same meaning as that term is defined in K.S.A. 21-6402, and amendments thereto;
(4) "minor" means any person under 18 years of age;
(5) "obscene" shall have the same meaning as that term is defined in K.S.A. 21-6401, and amendments thereto;
(6) "public library" means any library established pursuant to article 12 of chapter 12 of the Kansas Statutes Annotated, and amendments thereto, and any other library which serves the general public and is funded in whole or in part from moneys derived from tax levies;
(7) "school district" means any public school district organized under the laws of this state;
(8) "technology protection measure" means any computer technology or other process that blocks or filters online access to visual depictions; and
(9) "visual depiction" shall have the same meaning as that term is defined in K.S.A. 21-5510, and amendments thereto.
(g) This act shall be known and may be cited as the Kansas children's internet protection act.
History: L. 2013, ch. 98, § 1; July 1.
History: L. 1899, ch. 163, § 4; R.S. 1923, 75-2601; Repealed, L. 1963, ch. 422, § 15; July 1.
History: R.S. 1923, 75-2602; Repealed, L. 1963, ch. 422, § 15; July 1.
History: L. 1899, ch. 163, § 2; R.S. 1923, 75-2603; L. 1957, ch. 443, § 1; Repealed, L. 1963, ch. 422, § 15; July 1.
History: L. 1907, ch. 385, §§ 1, 2; R.S. 1923, 75-2604, 75-2605; Repealed, L. 1953, ch. 382, § 2; April 2.
History: L. 1953, ch. 382, § 1; Repealed, L. 1963, ch. 422, § 15; July 1.
History: L. 1949, ch. 454, § 1; Repealed, L. 1963, ch. 422, § 15; July 1.
(a) The state historical society, heretofore organized under the incorporation laws of the state, shall be the trustee of the state. As such, the society shall faithfully expend and apply all money received from the state to the uses and purposes directed by law, shall hold all the society's present and future collections of property for the state and shall not sell, mortgage, transfer or dispose of in any manner or remove from the building or buildings occupied for historical interests of the state, except for temporary purposes, any article of property without authority of law. This shall not prevent the sale, exchange, donation or other disposition by the society of publications, duplicate property in collection holdings, property outside the scope of collection, hazardous property or property with insufficient research, educational or exhibit value, but:
(1) No such property shall be disposed of except by sale or exchange until the society adopts rules and regulations establishing procedures for disposition;
(2) no rules and regulations establishing procedures for disposition of such property shall be adopted until the society first advises and consults with the joint committee on administrative rules and regulations regarding the proposed rules and regulations;
(3) such rules and regulations shall provide, with respect to property which was donated by an individual, procedures reasonably calculated to notify and offer such property to such individual or such individual's immediate family prior to disposal, if the property is disposed of within 20 years after the donation; and
(4) such rules and regulations shall provide, with respect to property with research, educational or exhibit value, procedures for notifying local institutions that such property is being disposed of.
(b) There shall continue to be a board of directors of the Kansas state historical society, inc., and an executive committee of such board of directors, each to consist of as many members as the Kansas state historical society, inc., determines.
(c) The society may acquire property, real or personal, by gift, bequest or otherwise, in any amount, and upon such conditions as the society's executive committee deems best for the interests of the society. Any such property so acquired and any state-owned historic site, structure or other property which has been placed by law under the jurisdiction and supervision of the society shall be administered by the society in the public interest, and the society shall provide for the preservation of such property and shall adopt rules and regulations as necessary for the proper use and enjoyment of such property. For this purpose the society may fix, charge and collect fees for admittance to any state-owned historic site, structure or property which has been placed under the jurisdiction and supervision of the society and is further authorized to provide exemptions from such fees or to fix reduced fees for one or more categories of persons.
(d) The society shall remit all moneys received by the society under the provisions of subsection (c) 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 historic properties 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 director of the state historical society or a person designated by the executive director.
(e) The state historical society is a state agency within the executive branch of state government for all purposes under the statutes and laws of Kansas. The Kansas state historical society, inc., is a not-for-profit corporation organized under the incorporation laws of Kansas. All real and personal property under the control and supervision of the state historical society that is not property owned and maintained by the Kansas state historical society, inc., as a not-for-profit corporation organized under the incorporation laws of Kansas, in order to accomplish the purposes of the corporation as stated in the articles of incorporation and bylaws, including, but not limited to, investments, office equipment, property and revenues of the museum stores and income from membership fees and assessments, belongs to the state of Kansas.
(f) (1) The governor shall appoint the executive director of the state historical society, 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 executive director shall exercise any power, duty or function as executive director until confirmed by the senate. The governor may appoint the executive director of the state historical society from a list of three qualified persons nominated by the executive committee of the Kansas state historical society, inc. The governor may reject all nominees submitted on any such list and may request an additional list of three other qualified persons to consider for appointment to the office of executive director of the state historical society. The executive director of the state historical society shall be in the unclassified service under the Kansas civil service act and shall be subject to evaluation in accordance with this section. The executive director of the state historical society shall receive an annual salary fixed by the governor.
(2) The executive director of the state historical society shall be qualified by education or training and experience in the field of history, historic preservation, education, museum administration or a related field and shall have demonstrated executive and administrative ability to discharge the duties of the office of executive director of the state historical society.
(3) An evaluation of the executive director of the state historical society shall be conducted annually by the executive committee of the Kansas state historical society, inc., and the results of such evaluation shall be submitted to the governor for review. The executive director shall be subject to removal by the governor.
(4) Whenever the office of the executive director of the state historical society becomes vacant, the executive committee of the Kansas state historical society, inc., shall be notified of such vacancy and shall prepare and submit a list of three qualified nominees to the governor for the appointment of a successor.
(g) On and after the effective date of this act, whenever the secretary of the state historical society or the executive director of the state historical society, 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 executive director of the state historical society.
(h) On and after the effective date of this act, whenever the state historical society 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 agency within the executive branch of state government and shall not be deemed to refer to the Kansas state historical society, inc., a not-for-profit corporation organized under the corporation laws of Kansas, unless the reference is specifically to that corporation or within the context of the reference clearly refers to that corporation.
History: L. 1879, ch. 167, § 1; R.S. 1923, 75-2701; L. 1957, ch. 444, § 1; L. 1971, ch. 271, § 1; L. 1984, ch. 314, § 1; L. 1991, ch. 257, § 1; L. 2001, ch. 5, § 377; L. 2001, ch. 152, § 1; L. 2008, ch. 121, § 22; July 1.
It shall be the duty of the society to collect by gift, exchange or purchase books, maps, newspapers, pamphlets, periodicals, photographs, artifacts, relics, paintings, manuscripts and other papers and material illustrative of the history of Kansas in particular, and the west generally; to catalog the collections of the society for the more convenient reference of all persons who may have occasion to consult the same; to keep its collections arranged in suitable and convenient rooms, the rooms of the society to be open at all reasonable hours on business days and on Saturday mornings and during such other hours as may be prescribed by the secretary of administration for the reception of the citizens of this state who may wish to visit the same; to maintain museums in its buildings and in such other places as may be authorized; to inculcate through publications, museum extension services and other media a wider and fuller knowledge and appreciation of the history of Kansas and its significance, and specifically to publish a historical journal and such other historical materials as may be possible within the limitations of proceeds received therefor from membership income and, because it is in the best interest of the state of Kansas and its historical heritage to loan, in its discretion, for such periods and under such rules and restrictions as it may adopt, to libraries, educational institutions and other organizations such books, pamphlets, museum objects, or other materials that if lost or destroyed could easily and without much expense be replaced; to take an active interest in the preservation and use of noncurrent public records of historical importance of counties, cities, villages, towns, school districts and other local governmental units; to cause to be bound, as necessary for their preservation, the unbound books, pamphlets, clippings and newspaper files in its possession. No expenditure shall be made under this act or expense incurred except in pursuance of specific appropriations therefor, and no officer of the society shall pledge the credit of the state in excess of such appropriation.
History: L. 1879, ch. 167, § 2; R.S. 1923, 75-2702; L. 1957, ch. 444, § 2; L. 1975, ch. 437, § 1; L. 1977, ch. 292, § 1; L. 1983, ch. 283, § 1; L. 1984, ch. 314, § 3; April 5.
To enable the society to augment its collections, by effecting exchanges with other societies and institutions, not to exceed 10 bound copies each of the several publications of the state, and of its societies and institutions, as requested by the secretary of the society, except the reports of the supreme court and the statutes and session laws, which are not printed by the division of printing shall be donated to the society as issued and delivered to the society by the officer having custody of the publications. In addition the society shall receive from the officer having custody of the publications one set of supreme court reports and six sets of the statutes and session laws.
History: R.S. 1923, 75-2703; L. 1943, ch. 269, § 24; L. 1957, ch. 444, § 3; L. 1990, ch. 301, § 2; July 1.
The secretary of the state historical society shall not permit any of the files, documents or records of the society to be removed from the building or buildings where the society's office and rooms are located. This section shall not prevent the removal of materials for temporary purposes or the sale, exchange, donation or other disposition of property as authorized in K.S.A. 75-2701 and 75-2702, and amendments thereto.
History: L. 1901, ch. 226, § 1; R.S. 1923, 75-2704; L. 1957, ch. 444, § 4; L. 1991, ch. 257, § 2; July 1.
(a) A copy of any file, document or record in the custody of the society, duly certified by the secretary of the state historical society or the secretary's authorized agent, may be received in evidence with the same effect as the original. To partially reimburse the state for the cost of such copies or services the secretary shall prescribe the fees, if any, to be paid for certified copies in amounts approved by the director of accounts and reports under K.S.A. 45-204, and amendments thereto, and the fees, if any, for search of the files or records when no certified copy is made.
(b) All moneys received 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. 1901, ch. 226, § 2; R.S. 1923, 75-2705; L. 1957, ch. 444, § 5; L. 1978, ch. 347, § 19; L. 2001, ch. 5, § 378; July 1.
History: L. 1905, ch. 358, §§ 1, 2; R.S. 1923, 75-2706, 75-2707; L. 1957, ch. 444, §§ 6, 7; Repealed, L. 1981, ch. 331, § 14; July 1.
History: L. 1911, ch. 40, § 7; R.S. 1923, 75-2708; L. 1939, ch. 300, § 1; L. 1945, ch. 320, § 1; L. 1957, ch. 444, § 8; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1919, ch. 18, § 2; R.S. 1923, 75-2709; Repealed, L. 1957, ch. 444, § 10; April 13.
History: L. 1915, ch. 23, § 1; R.S. 1923, 75-2710; Repealed, L. 1957, ch. 444, § 10; April 13.
Laws 1901, chapter 40, included by reference. [Accepted donation from Elizabeth A. and George Johnson, of site of Pike's Pawnee Indian village, in Republic county, provided for the control of the same by Kansas state historical society, and made an appropriation to fence and mark the site.]
History: L. 1901, ch. 40, §§ 1 to 3; R.S. 1923, 75-2711.
History: R.S. 1923, 75-2712; Repealed, L. 1951, ch. 445, § 1; June 30.
There is hereby created a microfilm division within the state historical society. It shall be the duty of the division to reproduce on film such archives, newspapers and other records as the secretary of the state historical society may deem advisable. The person in immediate charge of such work shall be known as the microfilm technician, who shall be appointed by said secretary and whose duty shall be to operate and supervise the operation of microfilm equipment within said division.
History: L. 1945, ch. 330, § 1; L. 1957, ch. 444, § 9; April 13.
(a) Each agency and political subdivision of this state shall cooperate with the state historical society in its administration of the property under the society's jurisdiction and control in order to preserve the historic character and integrity thereof. The society may enter into agreements with any such agency or subdivision, with any agency of the federal government or with any private individual or entity concerning the construction or proposed construction of any road, street, highway or structure which, due to its proximity to property under the society's jurisdiction and control, would compromise the historic character or integrity of such property.
(b) No agency or political subdivision of the state and no other entity shall exercise the power of eminent domain with respect to any property under the society's jurisdiction and control without the prior written approval of the society. No such agency, subdivision or entity and no other person shall change or alter, or cause to be changed or altered, the physical features or historic character or integrity of such property without the prior written approval of the society. Within 20 days after receipt of notice of the society's refusal to grant such approval, which notice shall be sent by registered or restricted mail, any party aggrieved by the decision of the society may make written application to the secretary of state for a hearing thereon. Such hearing shall be held by the secretary of state within 30 days after receipt of the application therefor and shall be conducted in accordance with the provisions of the Kansas administrative procedure act, with the applicant and the society as parties thereto. Following the hearing, the secretary of state shall enter an order affirming, reversing or modifying the decision of the society. The decision of the secretary of state shall be subject to appeal in accordance with the provisions of the Kansas judicial review act, K.S.A. 77-601 et seq., and amendments thereto.
(c) The attorney general, on relation of the state historical society or the secretary of state, shall file an action in the appropriate district court to enjoin any agency or political subdivision of the state or any other person or entity from doing any act in contravention of an order of the secretary of state or from doing any act contemplated by subsection (b) of this section without the prior written approval of the state historical society, unless authority to do such act has been granted by the secretary of state pursuant to that subsection.
History: L. 1971, ch. 271, § 2; L. 1972, ch. 332, § 55; L. 1988, ch. 356, § 299; L. 2004, ch. 74, § 3; L. 2010, ch. 17, § 194; July 1.
The legislature hereby finds that the historical, architectural, archeological and cultural heritage of Kansas is an important asset of the state and that its preservation and maintenance should be among the highest priorities of government. It is therefore declared to be the public policy and in the public interest of the state to engage in a comprehensive program of historic preservation and to foster and promote the conservation and use of historic property for the education, inspiration, pleasure and enrichment of the citizens of Kansas taking into consideration land used for agricultural purposes located within the environs of any historic property.
History: L. 1977, ch. 284, § 1; L. 2004, ch. 74, § 4; July 1.
As used in this act, unless the context otherwise requires:
(a) "Land used for agricultural purposes":
(1) Means land which is devoted to the production of plants, animals or horticultural products, including but not limited to forages; grains and feed crops; dairy animals and dairy products; poultry and poultry products; beef cattle, sheep, swine and horses; bees and apiary products; trees and forest products; fruits, nuts and berries; vegetables; or nursery, sod, floral, ornamental and greenhouse products;
(2) includes any road, water, watercourse and private way located upon or within the boundaries of such land and buildings, structures and machinery or equipment when attached to such land; and
(3) includes any farm home, including any associated farmyard, whenever any portion of such property is used for:
(A) Any of the activities listed in paragraph (1) of this subsection; or
(B) an agriculturally related business;
(4) includes any agricultural land used incidentally for recreational purposes; and
(5) includes any land used for agricultural purposes within the meaning of K.S.A. 12-758, 19-2908, 19-2921 and 19-2960, and amendments thereto.
Except as provided in paragraph (4), land used for agricultural purposes shall not include land which is used for recreational purposes, suburban residential acreages, rural homes, including any associated farmyards, whose primary function is for residential or recreational purposes even though such properties may produce or maintain some of those plants or animals listed in the foregoing definition.
Land used for agricultural purposes which is located within 500 feet of a historic property shall be deemed to be located within the environs of such historic property.
(b) "Historic preservation" means the study, identification, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas and sites significant in the history, architecture, archeology or culture of the state of Kansas, its communities or the nation.
(c) "Historic property" means any building, structure, object, district, area or site that is significant in the history, architecture, archeology or culture of the state of Kansas, its communities or the nation.
(d) "Person" means any individual, firm, association, organization, partnership, business, trust, corporation or company.
(e) "Project" includes: (1) Activities directly undertaken by the state or any political subdivision of the state, or any instrumentality thereof;
(2) activities undertaken by a person which are supported in whole or in part through grants, subsidies, loans or other forms of financial assistance from the state or any political subdivision of the state, or any instrumentality thereof; and
(3) activities involving the issuance of a lease, permit, license, certificate or other entitlement for use, to any person by the state or any political subdivision of the state, or any instrumentality thereof.
(f) "Recreational purpose" shall have the meaning ascribed to it in K.S.A. 58-3202, and amendments thereto;
(g) "state or any political subdivision of the state" means the state of Kansas, any office, department, agency, authority, bureau, commission, board, institution, hospital, college or university of the state, or any county, township, city, school district, special district, regional agency, redevelopment agency or any other political subdivision of the state.
History: L. 1977, ch. 284, § 2; L. 1981, ch. 332, § 1; L. 1988, ch. 336, § 1; L. 2004, ch. 74, § 5; July 1.
(a) The state historical society is hereby designated as the state historic preservation agency.
(b) The secretary of the state historical society shall act as state historic preservation officer for the conduct of relations with representatives of the federal government and other states with respect to matters of historic preservation.
History: L. 1977, ch. 284, § 3; July 1.
The secretary of the state historical society is authorized to appoint such professional and other staff members as may be necessary to carry out the duties assigned to the state historic preservation agency by law and such other duties as may be necessary to meet the requirements for participation in the federal historic preservation program.
History: L. 1977, ch. 284, § 4; July 1.
History: L. 1977, ch. 284, § 5; Repealed, L. 1981, ch. 333, § 2; July 1.
(a) There is hereby established the state historic sites board of review which shall be composed of the following members: (1) The governor or the governor's designee; (2) the state historic preservation officer or such officer's designee; and (3) nine members appointed by the governor, at least one of whom shall be professionally qualified in the field of architecture, one professionally qualified in the field of history, one professionally qualified in the field of prehistoric archeology, one professionally qualified in the field of historic archeology and one professionally qualified in the field of architectural history. A majority of the members of the board shall be professionally qualified in at least one of such fields.
(b) The term of office of each member of the board appointed by the governor shall expire on June 30 of the third year following the year of appointment, except that the term of office of the members appointed to the first board on and after the effective date of this act shall be as follows: Three members shall be appointed for terms which expire on June 30 of the next succeeding year after the year of appointment, three members shall be appointed for terms which expire on June 30 of the second year following the year of appointment and three members shall be appointed for terms which expire on June 30 of the third year following the year of appointment. The governor shall designate the term of office for each member appointed by the governor to the first board. Upon the expiration of a term of office of a member of the board appointed by the governor, the governor shall appoint a qualified successor. Each member of the board appointed by the governor shall serve until a successor is appointed and qualified. Whenever a vacancy occurs among the membership of the board appointed by the governor for any reason other than the expiration of a member's term of office, the governor shall appoint a qualified successor to fill the unexpired term.
(c) Members of the state historic sites board of review attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto. Amounts paid under this subsection (c) to ex officio members of the state historic sites board of review shall be from appropriations to the state agencies of which such members are employees upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chief administrative officers of such agencies. Amounts paid under this subsection (c) to members of the board appointed by the governor shall be from appropriations to the state historical society upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of the state historical society.
(d) The state historic sites board of review established under K.S.A. 75-2719 is hereby abolished, and the state historic sites board of review established under this section shall be the successor to all the powers and duties thereof. Persons acting as members of the state historic sites board of review under K.S.A. 75-2719 immediately prior to the effective date of this act shall continue to act in that capacity until such time as the governor has made appointments to fill all appointive positions on the state historic sites board of review established by this section. In making appointments under this section, the governor shall give special consideration to appointment of persons acting as members of the state historic sites board of review at the time this act becomes effective.
History: L. 1981, ch. 333, § 1; July 1.
(a) The state historic sites board of review shall have the power and duty to:
(1) Subject to the provisions of subsection (b), approve nominations to the state and national registers of historic places.
(2) Review the state survey of historic properties undertaken in accordance with the provisions of this act.
(3) Review the content of the state preservation plan developed in accordance with the provisions of this act.
(4) Approve the removal of properties from the state register of historic places.
(5) Recommend the removal of properties from the national register of historic places.
(6) Otherwise act in an advisory capacity to the state historic preservation agency.
(7) Upon request, to advise the legislature concerning matters relating to historic properties and historic preservation.
(8) Elect a chairman and vice-chairman and establish such rules of procedure as it deems necessary.
(b) The state historic sites board of review shall not consider or approve any nomination of historic property located in an unincorporated area of any county to either the state register of historic places or the national register of historic places unless owners of land located within 500 feet of the boundaries of a proposed historic property have been notified of the time and place of the board meeting at which such nomination is to be considered or approved. Notification shall be by mail or publication notice. Publication notice shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in each county in which all, or any part, of the proposed historic property is located. The last publication shall be at least 30 days, but not more than 50 days, prior to the date of such board meeting. Whenever the state historic sites board of review submits a notice to a newspaper for publication under this subsection, such board shall, at the same time, also submit a copy of such notice to the secretary of wildlife and parks.
History: L. 1977, ch. 284, § 6; L. 2004, ch. 74, § 6; L. 2012, ch. 47, § 114; L. 2023, ch. 7, § 128; July 1.
(a) The state historical society shall have the following historic preservation powers and duties:
(1) Undertake a statewide survey to identify and document historic properties, including all those owned by the state, its instrumentalities and political subdivisions.
(2) Prepare and maintain a state register of historic places, which shall include all those listed on the national register of historic places. The historical society shall adopt standards for the listing and maintenance of historic properties on the state register consistent with relevant federal standards for preservation and care of historic properties.
(3) Prepare the state's preservation plan, review such plan annually and make appropriate revisions.
(4) Within limits of available resources, acquire historic properties by gift, purchase, devise or bequest; preserve, restore and administer such properties; and transfer such properties when authorized by law.
(5) Establish standards and criteria for the acquisition of historic properties and for the preservation, restoration, maintenance and operation of properties under the jurisdiction of the agency, and, when deemed proper, to charge reasonable admission fees to such properties.
(6) Undertake the procedures necessary to qualify the state for participation in sources of federal aid for historic preservation purposes.
(7) Provide information concerning historic properties within the state to the agencies and instrumentalities of the federal, state and local governments and, where appropriate, to private individuals and organizations.
(8) Cooperate with federal, state and local government agencies in the planning and conduct of specific undertakings affecting historic properties and preservation objectives and in overall land-use planning.
(9) Disburse federal and state funds to local governments and private agencies and individuals for historic preservation work; establish standards of eligibility to receive such funds; and enter into maintenance agreements with local governments and private agencies concerning historic properties.
(10) Participate in national and international conferences and programs concerning historic preservation and cooperate with federal officials and agencies in the conduct of such activities.
(11) Subject to limitations of staff and resources, provide technical and financial assistance to local historic preservation organizations and private parties involved in historic preservation activities.
(12) Assist, where possible, in developing public interest in historic preservation through the development and implementation of interpretive programs for historic properties and through the management of the state's historical marker program.
(13) Develop an ongoing program of historical, architectural and archeological research and development, to include continuing surveys, excavation, scientific recording, interpretation and publication of the state's historical, architectural, archeological and cultural resources. A reasonable charge may be made for publications.
(14) Request that the attorney general take action authorized under subsection (d) of K.S.A. 75-2724 and amendments thereto against any person or entities who fail to obtain any demolition or building permit required by local or state law.
(b) The state historic preservation officer shall adopt rules and regulations to implement and administer the provisions of K.S.A. 75-2715 through 75-2725, and amendments thereto.
History: L. 1977, ch. 284, § 7; L. 1988, ch. 337, § 1; L. 1989, ch. 264, § 1; July 1.
The state historical society may enter into and carry out contracts with the federal government or any agency thereof under which said government or agency grants financial or other assistance to the historical society to further the purposes of this act. The historical society may agree to and comply with any reasonable conditions not inconsistent with state law which are imposed on such grants. Such grant funds or other assistance may be accepted from the federal government or an agency thereof and expended whether or not pursuant to a contract. The historical society may further enter into and carry out contracts with local governments or their agencies and with any private party to further the purposes of this act.
History: L. 1977, ch. 284, § 8; July 1.
(a) The state historical society is hereby designated as the official state agency to administer federal assistance under provisions of the national historic preservation act of 1966 and to accept and disburse funds apportioned to the state under the provisions of said act.
(b) The state historical society, as the administrative agency for the state for such federal assistance and benefits as may be available under the national historic preservation act of 1966, shall have the right and is authorized and empowered to: (1) Apply for such assistance and benefits as may be available to the state under said act, and the state treasurer is hereby authorized to receive and disburse such moneys upon the proper voucher by the agency.
(2) Disburse federal and state funds to eligible local governments and private agencies and individuals as directed by the historic sites board of review according to the priorities established in the Kansas preservation plan.
(3) Enter into contracts and agreements with individuals, organizations, municipalities, governmental agencies and with the United States or any appropriate agency thereof.
(4) Keep financial and other records thereto and to furnish appropriate officials and agencies of the state and of the United States such reports and information as may be reasonably necessary to enable such officials and agencies to perform their duties under said program.
(5) Perform such other acts as may be necessary to comply with federal requirements in securing for the state the benefits provided by the national historic preservation act of 1966.
(c) The state historical society shall make no commitment or enter into any agreement pursuant to the exercise of authority under this act until it has determined that sufficient funds are available to meet the state's share, if any, of the project cost.
History: L. 1977, ch. 284, § 9; July 1.
(a) The state or any political subdivision of the state, or any instrumentality thereof, shall not undertake any project which will damage or destroy any historic property included in the national register of historic places or the state register of historic places until the state historic preservation officer has been given notice, as provided herein, and an opportunity to investigate and comment upon the proposed project. Notice to the state historic preservation officer shall be given by the state or any political subdivision of the state when the proposed project, or any portion thereof, directly involves an historic property. Notwithstanding the notice herein required, nothing in this section shall be interpreted as limiting the authority of the state historic preservation officer to investigate, comment and make the determinations otherwise permitted by this section on a project directly involving an historic property. The state historic preservation officer may solicit the advice and recommendations of the historic sites board of review with respect to such project and may direct that a public hearing or hearings be held thereon. Any public hearing or hearings held pursuant to this subsection or held pursuant to authority delegated by the state historical preservation officer under subsection (e) or (f) shall be held within 60 days from the date of receipt of notice by the state historical preservation officer from the state or any political subdivision of the state as provided herein. If the state historic preservation officer determines, with or without having been given notice of the proposed project, that the proposed project will damage or destroy any historic property included in the national register of historic places or the state register of historic places, the project shall not proceed until:
(1) The governor, in the case of a project of the state or an instrumentality thereof, or the governing body of the political subdivision, in the case of a project of a political subdivision or an instrumentality thereof, has made a determination, based on a consideration of all relevant factors, that there is no feasible and prudent alternative to the proposal and that the program includes all possible planning to minimize harm to such historic property resulting from such use; and
(2) five days' notice of such determination has been given, by certified mail, to the state historic preservation officer.
(b) Any person aggrieved by the determination of the governor pursuant to this section may seek review of such determination in accordance with the Kansas judicial review act. Any person aggrieved by the determination of a governing body pursuant to this section may seek review of such determination in accordance with K.S.A. 60-2101, and amendments thereto.
(c) The failure of the state historic preservation officer to initiate an investigation of any proposed project within 30 days from the date of receipt of notice thereof shall constitute such officer's approval of such project.
(d) Failure of any person or entity to apply for and obtain the proper or required building or demolition permit before undertaking a project that will damage or destroy any historic property included in the national register of historic places or the state register of historic places shall be subject to a civil penalty not to exceed $25,000 for each violation. The attorney general may seek such penalties and other relief through actions filed in district court.
(e) (1) The state historic preservation officer may enter into an agreement authorizing a city or county to make recommendations or to perform any or all responsibilities of the state historic preservation officer under subsections (a), (b) and (c) if the state historic preservation officer determines that the city or county has enacted a comprehensive local historic preservation ordinance, established a local historic preservation board or commission and is actively engaged in a local historic preservation program. The agreement shall specify the authority delegated to the city or county by the state historic preservation officer, the manner in which the city or county shall report its decisions to the state historic preservation officer, the conditions under which the city or county can request assistance from the state historic preservation officer in performing certain project reviews, the length of time the agreement is to be valid and provisions for termination of the agreement. Such agreement shall provide that the state historic preservation officer shall retain final authority to implement the provisions of this act. The state historic preservation officer shall adopt any rules and regulations necessary to implement the provisions of this subsection.
(2) An agreement with a city or county authorized by this subsection shall not be construed as limiting the authority of the state historic preservation officer to investigate, comment and make determinations otherwise permitted by this section.
(f) The state historic preservation officer may enter into agreements with the state board of regents or any state educational institution under the control and supervision of the state board of regents to perform any or all responsibilities of the state historic preservation officer under subsections (a), (b) and (c).
History: L. 1977, ch. 284, § 10; L. 1981, ch. 332, § 2; L. 1986, ch. 318, § 136; L. 1988, ch. 336, § 2; L. 1988, ch. 337, § 2; L. 1993, ch. 201, § 1; L. 1996, ch. 204, § 1; L. 1999, ch. 33, § 6; L. 2010, ch. 17, § 195; L. 2013, ch. 129, § 4; July 1.
The state of Kansas or any county, municipality or other political subdivision having capacity to sue and be sued, the Kansas state historical society and any city or county historical society which, for more than two (2) years prior to filing such action, has been organized, has elected officers and has received compensation, funds or reimbursements from a city or county pursuant to K.S.A. 12-1660 or 19-2649, and amendments thereto, may maintain an action in the district court having jurisdiction where an alleged violation occurred or is threatened for such equitable and declaratory relief as may be necessary to enforce the provisions of this act and to protect historic property from unauthorized or improper demolition, alteration or transfer.
History: L. 1977, ch. 284, § 11; July 1.
(a) No provision of this act, or any rule and regulation promulgated thereunder, shall prohibit, hinder or otherwise restrict the agricultural use of any land used for agricultural purposes when such land is located within the environs of a historic property, whether proposed or established.
(b) No provision of this act shall prohibit, hinder or otherwise restrict an owner of any land used for agricultural purposes from constructing, erecting, remodeling or maintaining any agriculturally related building or structure located on such land.
(c) No provision of this act shall require an owner of any land used for agricultural purposes, or the owner's authorized agent, to change or modify the agricultural use of such land.
History: L. 2004, ch. 74, § 1; July 1.
K.S.A. 75-2715 through 75-2725, and amendments thereto, and K.S.A. 75-2725a and this section, and amendments thereto, shall be known and may be cited as the historic preservation act.
History: L. 2004, ch. 74, § 2; July 1.
(a) The state of Kansas shall not acquire or make a commitment to acquire by gift, lease, purchase or other means any historic property for purposes of historic preservation of such property unless such property is listed on the national register of historic places and, in any case, until an application for acquisition of historic property is filed with the secretary of the state historical society and the state historic sites board of review has reviewed such application and submitted a report and findings in regard to the acquisition of such property to the governor and the legislature in accordance with this section.
(b) An application for acquisition of historic property shall be filed with the secretary of the state historical society on forms prepared by the secretary of the state historical society and shall contain such information concerning such historic property as the secretary of the state historical society may require. Each such application for acquisition of any historic property shall be signed by at least 1,000 of the qualified electors of this state and at least 25% of the number of the electors signing the application shall be also qualified electors of the county where the historic property is located.
(c) Upon the receipt of such application, the secretary of the state historical society shall notify the chairperson of the state historic sites board of review that an application has been received. The state historic sites board of review shall meet to conduct fact-finding hearings and otherwise investigate the application for acquisition of historic property. The state historic sites board of review shall make a report and findings on the factors established in subsection (e). If, prior to the time the state historic sites board of review makes a report and findings, changes have occurred to the property that have destroyed, removed, reduced or otherwise irreparably altered those features, characteristics, elements, materials or values that made the property historically important, the board may direct a cessation of the investigation and research efforts on that property and shall notify the individual or group submitting the petition, the governor and the legislature of the reasons for cessation of the investigation.
(d) If an application for acquisition of historic property previously proposed for acquisition and previously investigated by the state historic sites board of review is filed with the secretary of the state historical society, the state historic sites board of review may in its discretion decide whether or not to conduct a new investigation of the historic property.
(e) Upon review of an application for acquisition of historic property, the state historic sites board of review shall make findings on the following factors:
(1) Whether the historic property has sufficient historical significance, educational value and general public interest to justify acquisition;
(2) what the costs of acquisition, restoration, development, operation and maintenance of the historic property will be for at least five fiscal years subsequent to the proposed date of acquisition;
(3) whether the historic property will generate financial revenues in the future and an estimate of the amount of such revenues for at least five fiscal years subsequent to the proposed date of acquisition of the historic property;
(4) whether there exists sufficient local financial assistance to support a partnership of the state, local governments and private sources for the development and ongoing maintenance and operation of the historic property and the degree of assurance that such local financial assistance is committed for these purposes;
(5) whether the historic property is duplicative of other historic property operated by the state historical society;
(6) whether the historic property retains an original appearance, setting and materials which are adequate to interpret its significance;
(7) whether the historic property is accessible or can be made accessible to visitors by customary means of transportation and the costs involved in making the historic property accessible;
(8) whether the historic property has access to utilities and other services required for its preservation and operation and the costs involved in obtaining such access;
(9) whether the historic property illustrates, interprets or is identified with an important aspect of Kansas history or prehistory; and
(10) such other factors or information as the state historic sites board of review deems relevant.
(f) Upon the completion of its investigation of the application for acquisition of historic property, the state historic sites board of review shall report its findings to the governor and to the legislature. Such report shall be made not later than one year subsequent to the receipt by the secretary of the state historical society of the application for acquisition of historic property.
(g) As used in this section, the terms "historic preservation" and "historic property" shall have the meanings ascribed to such terms in K.S.A. 75-2716 and amendments thereto.
History: L. 1982, ch. 330, § 1; L. 1987, ch. 333, § 1; L. 1988, ch. 338, § 1; L. 1991, ch. 258, § 1; July 1.
The secretary of the state historical society is hereby authorized to convey to the county of Riley the following described tract of land:
Part of Section 12, Township 10 South, Range 7 East of the Sixth P.M. in the City of Manhattan, in Riley County, Kansas, more particularly described as follows: Beginning at the iron pin marking the Northeast corner of Lot 4 in Julia A. Bailey Addition to the City of Manhattan, thence East along the South line of Claflin Road 155.4 feet, more or less, to the West line of Goodnow Avenue, thence South along the West line of said Goodnow Avenue 80 feet, thence West 157.82 feet, more or less, to the East line of said Lot 4 in Julia A. Bailey Addition to a point 80 feet South of the point of beginning, thence North along the East line of said Lot 4 in Julia A. Bailey Addition to the point of beginning.
The conveyance of the tract of land shall provide for the reversion of title to the state of Kansas in the event such tract ceases to be used, operated and maintained by Riley county for museum purposes. No conveyance of such tract shall be made until the deed has been approved by the attorney general.
History: L. 1982, ch. 331, § 1; July 1.
(a) As approved by the committee on surety bonds and insurance, the state historical society is hereby authorized to purchase insurance against loss or damage to collections or other personal property from any casualty whether owned by or in the care, custody or control of the state historical society.
(b) The society shall remit all moneys received by the society under the provisions of subsection (a) 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 insurance collection replacement/reimbursement 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 secretary of the state historical society or a person designated by the secretary.
History: L. 1983, ch. 293, § 2; L. 1984, ch. 314, § 2; L. 2001, ch. 5, § 379; July 1.
(a) (1) There is hereby established in the state treasury the heritage trust fund. All moneys deposited in the heritage trust fund shall be used for the purpose of awarding grants to assist historic preservation projects involving property included in the national register of historic places or the state register of historic places, excluding property owned by the state or federal government, and shall be used by the state historical society for the administration of the heritage trust fund program. At least 50% of the amount awarded annually in grants shall be used for the preservation of eligible properties owned by county and local governments, county and local historical societies and by private nonprofit organizations. The state historical society may also provide grant assistance from moneys in the heritage trust fund on a matching basis and also may establish a revolving fund loan program from moneys in such fund. The state historical society may establish different matching fund requirements for the various types of applicants, but the matching contributions required from for-profit corporations shall be dollar for dollar. For-profit corporation applicants shall be assisted only if the property's continued existence is threatened or its rehabilitation is not economically feasible without grant assistance. The state historical society shall ensure that such moneys are expended for the purpose of this section, and may adopt rules and regulations as necessary to carry out the purpose of this section.
(2) In evaluating grant applications involving historic preservation projects under subsection (a)(1), the state historical society shall consider the following factors: The level of historical significance of the property; the condition of the property; the urgency of the preservation work proposed; whether or not the property is endangered; the type of work proposed; a geographical distribution of assisted properties; the administrative ability of the applicant; the potential benefit to the community and the state; community support for the project; ineligibility of the project for other funds; and an assessment of the need of the owner for the grant assistance to do the project.
(3) (A) The state historical society shall establish provisions to recapture grant moneys in accordance with the following factors: If an approved rehabilitated building is held by the grantee for longer than five years after the completion of the grant project, there is no recapture of the grant funds; if the owner, or designated heir, in the case of the owner's death, disposes of the property after a holding period of less than one year after the completion of the grant project, 100% of the grant is recaptured; and for properties held between one and five years, the grant recapture amount is reduced by 20% per year.
(B) The state historical society may inspect a rehabilitated property at any time during the five-year period and may revoke or invalidate the approval if work was not undertaken as presented in the grant application or if further unapproved alterations have been made. Modifications made during the five-year period following the completion of the grant shall be made in accordance with standards established by the state historical society.
(b) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the heritage trust fund interest earnings based on:
(1) The average daily balance of moneys in the heritage trust fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(c) Except as otherwise provided in this section, all expenditures from the heritage trust 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 the state historical society or a person designated by the secretary.
History: L. 1990, ch. 351, § 2; L. 1992, ch. 272, § 14; L. 1996, ch. 253, § 30; May 23.
(a) Subject to the provisions of appropriation acts and in accordance with the provisions of this act, the executive director of the Kansas state historical society may provide administrative and Kansas veterans' experience history project grants to: (1) Not-for-profit organizations which have tax exempt status under section 501(c) of the federal internal revenue code of 1986; or (2) a state educational institution as defined by K.S.A. 74-3201b, and amendments thereto; or (3) a degree or certificate granting private college located in the state; or (4) other local, municipal or state historical agency for development and implementation of a program to record experiences of veterans of World War II residing in Kansas.
(b) Such grants shall be awarded for the fiscal years ending June 30, 2006, and June 30, 2007, on a competitive basis in accordance with guidelines and criteria prescribed by rules and regulations adopted by the executive director of the Kansas state historical society based on the following criteria:
(1) Methods employed to reach out to veterans of World War II and convince such veterans to record their experiences; and
(2) methods employed to copy and archive photographs, maps and other media possessed by such veterans which is of historical value; and
(3) the availability of matching funds from other sources which the organization can make available to leverage state funds; and
(4) methods proposed to network and gain the help of community organizations to contact Kansas veterans of World War II and gain such veterans' participation.
(c) More than one applicant may be awarded a grant to perform different tasks to achieve the purposes prescribed in this section if deemed appropriate by the executive director of the state historical society.
History: L. 2005, ch. 184, § 1; July 1.
(a) Subject to the provisions of this section, the state historical society is hereby authorized to convey, without consideration, to Audubon of Kansas all of the rights, title and interest in the following described real estate, and any improvements thereon, located in Wabaunsee county, Kansas: Approximately 30 acres of real estate starting at a point on the South section boundary line and running East 120 rods to the East boundary line, then North 80 rods along East boundary line, then West 40 rods, then West by Southwest in a straight line to point of beginning, in Section 28. Township 10 South, Range 10 East of the 6th Principal Meridian.
(b) Conveyance of such rights, title and interest in such real estate, and any improvements thereon, shall be executed in the name of the historical society by the executive director of the historical society. The deed for such conveyance shall be by quitclaim deed.
(c) No exchange and conveyance of real estate and improvements thereon as authorized by this section shall be made by the executive director of the historical society until the deeds and conveyances have been reviewed and approved by the attorney general. The deed for the conveyance shall provide that on July 1, 2026, in the event that any portion of the above-described real estate is not being used for public recreation purposes, by Audubon of Kansas or if Audubon of Kansas ceases to exist, then all rights, title and interest in such portion of such real estate shall revert to the state historical society. The transfer of all rights, title and interest in the real estate conveyed by this section to Audubon of Kansas shall not include any right for Audubon of Kansas to convey any portion of the above described real estate.
(d) All costs related to the conveyance shall be paid by the Audubon of Kansas. The conveyance shall not be subject to the provisions of K.S.A. 75-3043a, and amendments thereto.
History: L. 2006, ch. 150, § 1; April 27.
(a) Subject to the provisions of appropriation acts, the state historical society is hereby authorized to develop a program of competitive grants to be awarded to partnership historic sites as provided in this section. To be eligible to receive a grant pursuant to this section, such partnership historic site shall: (1) Be listed on the national register of historic places or the register of historic Kansas places, be owned or operated by a public entity or an organization which is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986, develop and submit a business plan to be reviewed by the partnership historic site committee, not receive any state funding for operations, be open to the public or have the potential to be open to the public for a minimum of at least 500 hours a year and be owned and operated for the purpose of educating the public about a specific aspect of Kansas and United States history; (2) provide a 50% match of funds which are not state or federal moneys; and (3) abide by all federal, state and local laws. Such grants shall be used by a partnership historic site to develop a historic preservation plan that meets the secretary of the interior's standards in cooperation with the Kansas state historical society or to cover basic operations costs, or both.
(b) Partnership historic sites to be awarded grants pursuant to this section shall be selected by the state historical society upon recommendation of the partnership historic site committee, which is hereby created. Such committee shall be composed of seven members as follows: One member to be appointed by the president of the senate, one member to be appointed by the minority leader of the senate, one member to be appointed by the speaker of the house of representatives, one member to be appointed by the minority leader of the house of representatives, two members to be appointed by the governor and one member to be appointed by the chairperson of the historic sites board of review. The member appointed by the chairperson of the historic sites board of review shall serve as chairperson of such committee. Each member of the committee shall be appointed for a term of two years. Each member shall continue in such appointment until a successor is appointed. Members shall be eligible for reappointment, and appointment may be made to fill an unexpired term in the same manner as the original appointment. The executive director of the Kansas state historical society shall develop the application procedure and grant periods in cooperation with such committee.
(c) Each partnership historic site which is awarded a grant pursuant to this section shall be required to submit a report of its operations and use of any grant moneys awarded and any other information required related to the grant to the Kansas state historical society at the end of the grant period in a form and manner prescribed by the Kansas state historical society.
(d) The executive director shall adopt rules and regulations regarding the application procedure, grant periods, grant evaluation criteria, the filing of forms that support the application for grant awards pursuant to this section, and any other matter necessary to carry out the provisions of this section.
(e) (1) There is hereby established in the state treasury the partnership historic sites grant fund. All moneys deposited in the partnership historic sites grant fund shall be used for the purpose of awarding grants pursuant to this section. No more than 12% of the moneys deposited in the fund shall be used for administration of the fund.
(2) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the partnership historic sites grant fund interest earnings based on:
(A) The average daily balance of moneys in the partnership historic sites grant fund for the preceding month; and
(B) the net earnings rate for the pooled money investment portfolio for the preceding month.
(3) All expenditures from the partnership historic sites 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 director of the state historical society or the executive director's designee.
History: L. 2007, ch. 156, § 2; July 1.
K.S.A. 75-2741 through 75-2754 of this act shall be known and may be cited as the Kansas unmarked burial sites preservation act.
History: L. 1989, ch. 234, § 1; July 1.
(a) The legislature finds that:
(1) Existing state laws do not provide adequate protection for unmarked burial sites and human skeletal remains; and
(2) there is no procedure regarding the treatment and disposition of human skeletal remains from unmarked burial sites necessary to protect the interests of descendants or other interested persons.
(b) The purposes of this act are to:
(1) Provide adequate protection for unmarked burial sites and human skeletal remains located on all lands within the state of Kansas;
(2) prohibit unauthorized disturbance of any unmarked burial sites; and
(3) provide procedures for the proper care and protection of unmarked burial sites and human skeletal remains found in the state of Kansas.
History: L. 1989, ch. 234, § 2; July 1.
As used in this act:
(a) "Board" means the unmarked burial sites preservation board.
(b) "Evaluation" means assessment by the state historical society of the nature of human skeletal remains and goods interred with such remains and the situation in which they are located to make recommendations for action and disposition of the remains or goods under this act.
(c) "Human skeletal remains" means any part of the body of a deceased human being, in any stage of decomposition.
(d) "Person" means an individual, unincorporated association, partnership, limited partnership, corporation or governmental entity.
(e) "Society action" means any evaluation, investigation, disinterment, study, reinterment or other disposition carried out by the state historical society, with board approval, using moneys appropriated to the state historical society.
(f) "Unmarked burial site" means any interment by whatever means of human skeletal remains, other than a burial site in a cemetery otherwise protected by Kansas statute.
History: L. 1989, ch. 234, § 3; July 1.
(a) There is hereby created the unmarked burial sites preservation board. The board shall be attached to the state historical society. All budgeting, purchasing and related management functions shall be administered under the direction of the secretary of the state historical society. All vouchers for expenditures of the board shall be approved by the secretary of the state historical society.
(b) The board shall consist of:
(1) The state archeologist;
(2) a physical anthropologist, appointed by the governor, who is employed by an institution of higher education located in this state, holds a doctorate degree representing specialized training in skeletal biology or forensic osteology and has demonstrated ability to design and execute a human skeletal analysis and to present the written results and interpretations of the analysis in a thorough, scientific and timely manner;
(3) a historian, appointed by the governor, who is employed by the state historical society or an institution of higher education located in this state, holds an advanced degree in American history and has specialized in Kansas history;
(4) four tribal representatives, one from each of the four resident Kansas Indian tribes (Pottawatomie, Kickapoo, Iowa and Sac and Fox), to be selected by the governing body of the respective tribe; and
(5) two members, appointed by the governor, who represent the general public but are not members of the interest groups represented by the members enumerated in subsections (a)(2) through (4).
(c) Of the appointive members first appointed to the board: The member who is a physical anthropologist and the member who represents the Pottawatomie tribe shall serve for terms of one year; the member who is a historian, the member representing the Kickapoo tribe and one member of the general public, as designated by the governor, shall serve for terms of two years; and the member who represents the Iowa tribe, the member who represents the Sac and Fox tribe and one member of the general public, as designated by the governor, shall serve for terms of three years. Upon expiration of such terms, all members shall serve for terms of three years.
(d) Appointive members of the board attending meetings of the board or a subcommittee meeting authorized by the board shall be paid compensation and subsistence allowances, mileage and other expenses as provided by K.S.A. 75-3223 and amendments thereto.
(e) The state archeologist shall serve as chairperson of the board.
(f) The secretary of the state historical society shall serve as secretary of the board and shall provide such office space and such staff as necessary for the performance of the duties prescribed by this act.
History: L. 1989, ch. 234, § 4; July 1.
The board shall have the power and duty to:
(a) Provide for the establishment and maintenance of a registry of unmarked burial sites located in this state;
(b) consult with all interested parties on occasions of disturbance, or threatened or potential disturbance, of unmarked burial sites to determine a proper course of action;
(c) initiate necessary action by the attorney general for the enforcement of this act;
(d) issue permits for the excavation, study, display and reinterment or disposition of human skeletal remains from unmarked burial sites and goods interred with such remains, as provided in this act; and
(e) adopt such rules and regulations as necessary to administer and enforce the provisions of this act.
History: L. 1989, ch. 234, § 5; July 1.
(a) Each unmarked burial site located in this state which becomes known to the board shall be entered on the registry established under K.S.A. 75-2745. The board shall identify, to the extent possible, the cultural or personal identity of the deceased person or persons interred at the site and shall notify each landowner on whose property a registered unmarked burial site is located.
(b) The registry of unmarked burial sites shall be confidential and shall not be open to inspection except as provided by rules and regulations of the board consistent with the purposes of this act.
History: L. 1989, ch. 234, § 6; July 1.
(a) The board shall establish by rules and regulations a system of permits for the excavation, study, display and reinterment or disposition of human skeletal remains from unmarked burial sites and any goods interred with such remains.
(b) A permit to excavate human remains from an unmarked burial site and goods interred with such remains shall be issued only for scientific or educational purposes or for such other purposes, authorized by rules and regulations of the board, which the board determines are consistent with the purposes of this act. The permit shall provide for reinterment or disposition of the disinterred remains or goods by a specific date.
(c) A permit to study human skeletal remains from an unmarked burial site and goods interred with such remains shall be issued only for study by a bona fide research, medical or educational institution for research, medical or educational purposes, as determined in accordance with rules and regulations of the board. The permit shall be valid for a period of one year. On a showing of need, the board may extend such period for additional periods of six months. The permit shall provide for reinterment or disposition of the disinterred remains or goods by a specific date.
(d) A permit to display human skeletal remains from an unmarked burial site and goods interred with such remains shall be issued only for display by a bona fide research, medical or educational institution for research, medical or educational purposes, as determined in accordance with rules and regulations of the board.
(e) Permits issued by the board shall be subject to such terms, conditions and procedures as prescribed by the board. Such conditions shall include a condition that permittees pay all costs incurred, including costs of excavation, study and disposition. If human skeletal remains are reasonably identified with direct kin or descent groups such as native American Indian tribes, the board shall consult with such groups prior to issuing a permit for the excavation, study, display or reinterment or disposition of such remains or goods interred with such remains.
(f) The board may deny, suspend or revoke any permit, in accordance with the Kansas administrative procedure act, upon a finding that the applicant or permittee has violated any provision of this act or any term, condition or procedure of a permit issued by the board.
(g) The board shall fix by rules and regulations an application fee which shall accompany each application for a permit provided for by this section. For that purpose, the board may establish classes of permits and fix a different application fee for each class. No such application fee shall exceed $50.
History: L. 1989, ch. 234, § 7; July 1.
(a) On and after January 1, 1990, no person shall, unless such person holds a permit issued by the board to do so or is exempt pursuant to subsection (b):
(1) Willfully disturb an unmarked burial site;
(2) knowingly possess human skeletal remains known to have been from an unmarked burial site, or goods interred with such remains;
(3) display human skeletal remains known to have been from an unmarked burial site, or goods interred with such remains;
(4) sell, trade or give away human skeletal remains known to have been from an unmarked burial site, or goods interred with such remains; or
(5) throw away or discard human skeletal remains known to have been from an unmarked burial site, or goods interred with such remains.
(b) Subsection (a)(2) shall not apply to possession of human skeletal remains or burial goods by the state historical society or institutions of higher education represented on the Kansas antiquities commission pursuant to K.S.A. 74-5402, and amendments thereto, but the board, in consultation with interested parties, shall review the collections of such society and institutions and report to the legislature on or before January 13, 1992, any recommendations it has concerning human skeletal remains and burial goods which are part of such collections and are from unmarked burial sites. Subsections (a)(1) through (5) shall not apply to:
(1) Disinterment, possession, display, transfer, reinterment or disposition of human skeletal remains, or goods interred with such remains, which are determined by a coroner to be remains described by K.S.A. 22a-231, and amendments thereto; and
(2) private collections of burial goods acquired prior to January 1, 1990.
(c) Violation of this section is a crime punishable:
(1) Upon conviction of a first offense, by a fine of not more than $10,000, if the commercial and archeological value of the remains and goods involved and all costs related to their restoration and repair is $5,000 or less;
(2) upon conviction of a first offense, by a fine of not more than $20,000, if the commercial and archeological value of the remains and goods involved and all costs related to their restoration and repair is more than $5,000; and
(3) upon conviction of the second or a subsequent offense, by a fine of not more than $100,000.
(d) In addition to or in lieu of any penalty imposed pursuant to subsection (c), the board, upon a finding that a person has violated any provision of this section or any term of a permit issued under this act, may impose on such person a civil fine of not more than $2,000 for each violation. Imposition of any such fine shall be only upon notice and a hearing conducted in accordance with the Kansas administrative procedure act and shall be subject to review in accordance with the Kansas judicial review act.
History: L. 1989, ch. 234, § 8; L. 2010, ch. 17, § 196; July 1.
(a) Any person who knows or has reason to know that a violation of K.S.A. 75-2748, and amendments thereto, is being or has been committed must immediately notify the law enforcement agency of the jurisdiction where the violation occurred. A law enforcement agency shall notify the state historical society of any violation of K.S.A. 75-2748, and amendments thereto, which becomes known to the law enforcement agency.
(b) Any person who discovers human skeletal remains immediately shall notify the law enforcement agency of the jurisdiction where the remains were found. Upon receipt of such notice, the law enforcement agency immediately shall notify the district coroner or deputy district coroner. If the coroner determines that the human skeletal remains are not of evidentiary or forensic interest then the coroner shall notify the state historical society.
(c) Failure to give notice as required by subsection (a) or (b) is a misdemeanor punishable by a fine of not less than $100 nor more than $500.
(d) Upon notification pursuant to this section or K.S.A. 22a-232, and amendments thereto, the state historical society shall assume jurisdiction over the human skeletal remains, and any goods interred with such remains. The state historical society shall carry out society actions in as expeditious a manner as possible, with particular consideration given to circumstances such as construction sites, agricultural interests and kin or descent groups. After disinterment, the remains and goods may be under the control of the state historical society for purposes of study for a period of one year. On a showing of need, the board may extend such period for additional periods of six months. After any period of study authorized by this subsection, disposition or reinterment of the remains and goods shall be under the direction of the board.
History: L. 1989, ch. 234, § 9; L. 1993, ch. 214, § 14; July 1.
The chairperson of the board, or a person designated by the chairperson, may apply to a judge of the district court of a county for an inspection warrant to inspect premises located in such county for the purpose of determining compliance with this act or with the terms of a permit issued under this act. The application shall be a sworn written statement, signed by the applicant, and shall include a description of the premises to be inspected, the reasons for the inspection and a statement that entry for the purpose of such inspection has been refused. The judge shall issue the warrant only if the judge determines from the application that there is probable cause to believe that the inspection is required to enforce the provisions of this act, that the inspection is within the lawful limits of the applicant's power to inspect and that the applicant is authorized to conduct the inspection. The warrant shall direct the applicant to inspect the premises described in the application and, if requested by the applicant, shall direct a law enforcement officer of the jurisdiction to accompany the applicant during the inspection.
History: L. 1989, ch. 234, § 10; July 1.
Upon request of the board, the attorney general shall aid in any investigation, inspection, hearing or trial pursuant to the provisions of this act and shall institute and prosecute all necessary actions or proceedings for the enforcement of this act. The attorney general shall report to or confer with the board regarding any such request within 30 days after receipt of the request.
History: L. 1989, ch. 234, § 11; July 1.
In addition to or in lieu of any penalty imposed pursuant to K.S.A. 75-2748 or 75-2749, any person who violates any provision of K.S.A. 75-2748 or 75-2749 may be liable for injunctive relief, damages and attorney fees or other appropriate relief to any person with a kinship, cultural, tribal, research, scientific or educational interest in preserving the affected burial site, skeletal remains or burial goods.
History: L. 1989, ch. 234, § 12; July 1.
The secretary of the state historical society shall establish, with the approval of the board, a cemetery on existing state lands for the reinterment of human skeletal remains from unmarked burial sites in this state, and goods interred with such remains. Such cemetery shall not be open to the public.
History: L. 1989, ch. 234, § 13; July 1.
If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or application. To this end the provisions of this act are severable.
History: L. 1989, ch. 234, § 14; July 1.
(a) Subject to the provisions of this section, the state historical society, for and on behalf of the state of Kansas, is hereby authorized to convey to the Iowa Tribe of Kansas and Nebraska all of the rights, title and interest in the following described real estate, and any improvements thereon, located in Doniphan county, Kansas, containing 9.86 acres more or less:
A tract of land beginning at a point on the east line of section 24, Township 2 south, Range 19 east of the 6th
Principal Meridian 570 feet north of the center of the slab on U.S. highway No. 36, thence north on the section line 848.5 feet; thence west 334 feet; thence north 45 degrees and 25 minutes west 233 feet; thence north 87 degrees and 19 minutes west 145.5 feet; thence south 26 degrees and 10 minutes west 377.5 feet; thence south 52 degrees and 41 minutes east 242 feet; thence south 48 degrees and 10 minutes east 818 feet to point of beginning; all in the East half of the East half of said Section 24.
(b) Conveyance of such rights, title and interest in such real estate, and any improvements thereon, shall be executed in the name of the state historical society by the executive director of the state historical society by quitclaim deed without the necessity of appraisal, bid or publication and shall not be subject to the provisions of K.S.A. 75-3043a, and amendments thereto. No exchange and conveyance of real estate, and any improvements thereon, as authorized by this section shall be made by the executive director until the deeds and conveyances have been reviewed and approved by the attorney general.
(c) The property to be conveyed is listed in the national register of historic places as "Iowa, Sac and Fox Presbyterian Mission." The Iowa Tribe of Kansas and Nebraska agrees to pay all costs related to the conveyance and shall grant the state a historic preservation easement that will reflect current federal preservation laws regarding properties listed in the national register of historic places.
History: L. 2021, ch. 67, § 1; July 1.
(a) Subject to the provisions of this section, the state historical society, for and on behalf of the state of Kansas, is hereby authorized to convey to the Shawnee Tribe all of the rights, title and interest in the following described real estate, and any improvements thereon, located in Johnson county, Kansas, containing 0.52 acres more or less:
Beginning at point 754.2 feet east and 336 feet south of the center of section 11, township 12, range 24, thence west 150 feet, thence south 140 feet, thence east 150 feet, thence north 140 feet to point of beginning. The same being the burial ground in S.E. Corner of the Methodist Church reserve as recorded on page 140 Book 94 of Deeds.
(b) Conveyance of such rights, title and interest in such real estate, and any improvements thereon, shall be executed in the name of the state historical society by the executive director of the state historical society by quitclaim deed without the necessity of appraisal, bid or publication and shall not be subject to the provisions of K.S.A. 75-3043a, and amendments thereto. No exchange and conveyance of real estate, and any improvements thereon, as authorized by this section shall be made by the executive director until the deeds and conveyances have been reviewed and approved by the attorney general.
(c) The Shawnee Tribe agrees to pay all costs related to the conveyance and shall grant the state a historic preservation easement that will reflect current federal preservation laws regarding properties listed in the national register of historic places. The Shawnee Tribe further agrees that such land described in subsection (a) and any land adjacent to or near the cemetery shall not be used as a casino or other gaming facility.
History: L. 2022, ch. 53, § 1; July 1.
The secretary of state shall be ex officio register of the state land office. The books and records of such office shall be so kept as to show and preserve an accurate chain of title from the general government to the purchaser of each smallest subdivision of land; to preserve a permanent record, in books suitably indexed, of all correspondence with any of the departments of the general government in relation to state lands; to preserve, by proper records, copies of the original lists furnished by the selecting agents of the state, and of all other papers in relation to such lands which are of permanent interest.
History: L. 1876, ch. 131, § 1; R.S. 1923, 75-2801; L. 1974, ch. 364, § 21; January 13, 1975.
Separate tract books shall be kept for the university, the saline lands, the half-million acre grant, the sixteenth and thirty-sixth sections and lands in lieu of the same for common schools, the swamplands, the agricultural university lands, and such other lands as the state now owns or may hereafter own, so that each description of state lands shall be kept separate from all others; and each set of tract books shall be a complete record of all the lands to which they relate.
History: L. 1876, ch. 131, § 2; March 10; R.S. 1923, 75-2802.
Said tract books shall be ruled in a manner similar to those used in United States land offices, so as to record each tract by its smallest legal subdivision, its section, township and range, to whom sold and when, the price per acre, to whom patented and when.
History: L. 1876, ch. 131, § 3; March 10; R.S. 1923, 75-2803.
The state land office shall be kept open during business hours, and shall have the personal supervision of the register or his or her deputy; the documents and records therein shall be subject to inspection in the presence of the register by parties having an interest therein, and certified copies thereof, or abstracts signed by said register, with the seal of said office attached, shall be deemed presumptive evidence of the fact to which they relate, and on request they shall be furnished by the register for a reasonable compensation.
History: L. 1876, ch. 131, § 4; March 10; R.S. 1923, 75-2804.
Patents for land shall issue from the state land office, shall be signed by the governor and recorded by the register; and each patent shall contain therein a marginal certificate of the book and page on which it is recorded, which certificate shall be signed by the register; and all patents shall be delivered free of charge.
History: L. 1876, ch. 131, § 5; March 10; R.S. 1923, 75-2805.
In case of loss or destruction of patent, from any cause, the party so losing may apply to the secretary of state for a certified copy thereof, which when issued under his or her hand and official seal shall be deemed and held to be of the same tenure and effect as the original patent. For such certified copy of patent the secretary of state shall fix and charge a fee in an amount approved by the director of accounts and reports under K.S.A. 45-204.
History: L. 1867, ch. 135, § 6; G.S. 1868, ch. 100, § 6; R.S. 1923, 75-2806; L. 1974, ch. 364, § 22; L. 1978, ch. 347, § 20; July 1.
No patent shall be issued for any lands belonging to the state except upon the certificate of the person or officer specially charged with the custody of the same, setting forth the appraised value per acre if otherwise required by law to be so appraised, name of the person to whom sold, date of sale, price per acre, amount paid, name of person making final payment, and of person who is entitled to the patent, and, if thus entitled by assignment from the original purchaser, setting forth fully such assignment, which certificate shall be filed and preserved in the land office. In any case where the certificate of sale of lands, or the assignment or assignments, have been lost or destroyed, and cannot be produced, satisfactory proof by affidavit of the existence and ownership of such certificate, assignment or assignments thereof, by two reputable citizens of the county wherein the land is situated, and satisfactory proof by affidavit of the loss or destruction of such certificate, assignment or assignments thereof, by the person who is entitled to the patent, shall be attached to the certificate of the person or officer mentioned above; and, when so proven, the patent shall issue as hereinbefore provided, but without filing or preserving such certificate, assignment or assignments in the land office.
History: L. 1876, ch. 131, § 6; L. 1905, ch. 483, § 1; R.S. 1923, 75-2807; L. 1978, ch. 430, § 6; April 1.
The register is authorized and required to correct all clerical errors of his or her office in name of grantee and description of tract of land conveyed by the state found upon the records of such office. The register shall attach his or her official certificate to each conveyance so corrected, and the reasons therefor; record the same with the record of the original conveyance, and make the necessary correction in the tract and plat books of the office. Such corrections, when made in accordance with the foregoing provisions, shall have the force and effect of a deed originally correct, subject to prior rights accrued without notice.
History: L. 1876, ch. 131, § 7; March 10; R.S. 1923, 75-2808.
The register shall receive any field notes, maps, records, or other papers relating to the public survey of this state, whenever the same shall be turned over to the state, in pursuance of an act of congress entitled "An act for the discontinuance of the office of surveyor general in the several districts as soon as the surveys therein can be completed, for abolishing land offices under certain circumstances, and for other purposes," approved June twelve, eighteen hundred and forty, and any act amendatory thereof, and shall receive any other official surveys of any state lands and any field notes, maps, records or other paper relating thereto as may be provided by law to be filed with the register, and shall provide for their safekeeping and proper arrangement as public records. Free access to the same by the lawful authority of the United States, for the purpose of taking extracts therefrom, or making copies thereof, shall always be granted.
History: L. 1876, ch. 131, § 8; R.S. 1923, 75-2809; L. 1974, ch. 364, § 23; L. 1978, ch. 430, § 7; April 1.
Whenever the governor is satisfied by the commissioner of the general land office that the title to any lands which may have been certified to the state under any of the several grants is inferior to the rights of any valid interfering preemptor or claimant, the governor is authorized and required to release by deed of relinquishment such color of title to the United States, to the end that the requirements of the interior department may be complied with, and that such tract or tracts of land may be patented by the general government to the legal claimants.
History: L. 1876, ch. 131, § 9; March 10; R.S. 1923, 75-2810.
When the governor is satisfied by proper record evidence that any tract of land which may have been deeded by virtue of any donation or sale to the state is not the land intended to have been described, or that an error has been committed in making out the transfer, in order that such error may be corrected the governor is authorized to quitclaim the same to the proper owner thereof, and to receive a deed or deeds for the lands intended to have been deeded to the state originally.
History: L. 1876, ch. 131, § 10; March 10; R.S. 1923, 75-2811.
In cases where lands have been granted to the state of Kansas by act of congress, and certified list of lands inuring under the grant have been made to the state by the commissioner of the general land office as required by act of congress, and such lands have been granted by act of the legislature to or for the benefit of any person or company, and such person or company shall have complied with and fulfilled the conditions of the grant, the register of the state land office is hereby authorized to prepare, on application of the grantee, a list or lists of land situated in each county inuring to such grantee from the lists certified by the commissioner of the general land office as aforesaid, which shall be signed by the governor of this state and attested by the secretary of state, with the state seal, and then be certified to by the register to be true and correct copies of the lists made to this state, and deliver them to such grantee, who is hereby authorized to have them recorded in the proper county, and when so recorded they shall be notice to all persons, the same as deeds now are, and shall vest in such grantee the right of the state to the lands therein described, under the grant of congress by which the lands were certified to the state, so far as the certified lists made by the commissioner aforesaid conferred title to the state: Provided, That when the register includes lands in the list which were not intended to be included in the grant, or the grantee shall not in equity be entitled to the lands, or any part thereof, then no title shall pass by said list, and the same as to those lands shall be null and void.
Nor shall any title pass to lands which have been selected, set apart or claimed by the state, or any individual, under the swampland or any other grant of congress which may be certified or adjudged to the state under such other grant, nor to lands held or claimed under any homestead or preemption settlement, or other entry or purchase; neither shall the right of the state to control the lands according to the terms of the grants, at any future time be affected by anything done under this section: Provided further, That in preparing the list or lists of lands under this section, the register of the state land office shall exclude all lands selected by the state or any county under the swampland grant, and also exclude all lands claimed under the homestead or preemption laws of the United States and which have been sold or disposed of and the entry or preemption canceled.
History: L. 1876, ch. 131, § 11; March 10; R.S. 1923, 75-2812.
In any case where a purchase and payment in full has been made, and a conveyance or patent has been issued to any person or persons, signed by either the governor of the territory of Kansas or of the state of Kansas, for any tract or parcel of land embraced in any of the sections numbered sixteen or thirty-six, in the townships in this state, or any other lands confirmed to the state for any purpose whatever, and known as state lands, and which original conveyance or patent has been lost or misplaced, and does not appear of record in the state land office as provided by law, but does appear of record in the office of the register of deeds of the county in which such land described in such conveyance or patent is situated, a copy of the records of such conveyance or patent, duly certified by the register of deeds of such county to be true and correct, may be procured by any person claiming the title to such lands; and upon presentation of such certified copy to the register of the state land office, he or she shall thereupon duly record the same in the records of his or her office, and make the proper entry of such sale and conveyance, and shall enter on such certified copy of such conveyance or patent a marginal certificate of the book and page in which it is recorded, as is now provided by law in case of original patents; and such sale and conveyance is hereby confirmed, and made and declared to be in all respects as valid and binding, and the title to such lands vested, granted and conveyed as fully and completely as is now conveyed by original patent issued from the state land office, signed by the governor of the state, and recorded by the register in the state land office, as is now provided by law, subject only to prior rights accrued without notice.
History: L. 1881, ch. 158, § 1; March 12; R.S. 1923, 75-2813.
Upon presentation to the secretary of state of any patent to state land issued by the state of Kansas which is in any respect defective in form or in manner of execution, such secretary shall cancel such patent and file the same among the records of the state land office, and in lieu thereof shall issue to the patentee named in said defective patent a patent in proper form, which shall be signed by the governor and recorded by the register as provided by K.S.A. 75-2805, which new patent shall save the rights of the patentee and his or her grantee and heirs in all respects as if the original was not defective in form or in manner of execution. Upon presentation to the secretary of state of any patent for state land which is proper in form and manner of execution, but the record of which in the state land office is incorrect and defective, such secretary shall correctly record said patent, as provided by K.S.A. 75-2805, and shall on the present defective or incorrect record thereof make a memorandum in red ink, referring to the book and page of such correct record. Such re-issue of patents and correction of records shall be without cost to the persons so presenting said patents.
History: R.S. 1923, 75-2814; L. 1974, ch. 364, § 24; January 13, 1975.
History: L. 1867, ch. 135, § 3; G.S. 1868, ch. 100, § 3; R.S. 1923, 75-2815; Repealed, L. 1965, ch. 463, § 1; June 30.
History: L. 1867, ch. 135, §§ 1, 2, 4, 5; G.S. 1868, ch. 100, §§ 1, 2, 4, 5; R.S. 1923, 75-2816; Repealed, L. 1951, ch. 445, § 1; June 30.
History: L. 1915, ch. 156, § 2; L. 1921, ch. 274, § 1; R.S. 1923, 75-2901; Repealed, L. 1941, ch. 358, § 38; June 1.
History: L. 1915, ch. 156, §§ 3 to 18; R.S. 1923, 75-2902 to 75-2917; Repealed, L. 1941, ch. 358, § 38; June 1.
History: L. 1915, ch. 156, §§ 22 to 27; R.S. 1923, 75-2918 to 75-2923; Repealed, L. 1941, ch. 358, § 38; June 1.
Revisor's Note: This act was enacted in 1941 after section 2 of article 15 of the Kansas constitution was amended in 1940 to permit establishment of a merit system in civil service.
History: R.S. 1923, 75-2924; Repealed, L. 1941, ch. 358, § 38; June 1.
The general purpose of this act is to establish a system of personnel administration that meets the social, economic and program needs of the people of the state of Kansas as these needs now or in the future may be established. This system shall provide means to recruit, select, develop and maintain an effective and responsible work force and shall include policies and procedures for employee hiring and advancement, training and career development, job classification, salary administration, retirement, fringe benefits, discipline, discharge and other related activities. All personnel administration actions regarding employees in the state classified service shall be made without regard to race, national origin or ancestry, religion, political affiliation, or other nonmerit factors. Personnel administration actions shall be based on merit principles and fitness to perform the work required and shall provide fair and equal opportunity for public service.
History: L. 1941, ch. 358, § 1; L. 1978, ch. 332, § 1; L. 1995, ch. 213, § 2; December 17.
As used in the Kansas civil service act, unless the context otherwise indicates:
(a) "Board" means the state civil service board.
(b) "Director" means the director of personnel services.
(c) "Eligible" includes a person who is in an employment pool and qualified for appointment, promotion or reemployment under this act.
(d) "Employees of courts" includes all officers and employees appointed by or pursuant to the recommendation of a court, or any members thereof and all officers and employees appointed or employed by any such appointee.
(e) "Joint recruiting authority" means that both an agency and the division of personnel services may officially recruit candidates for classified positions.
(f) "Merit principles" mean relative knowledge, skill and ability.
(g) "Nonmerit reason" means any reason specifically based on: (1) Race, national origin or ancestry, religion or political affiliation; (2) sex or age where sex or age does not constitute a bona fide occupational qualification necessary to proper and efficient administration; or (3) disabilities which are qualified disabilities under the Americans with Disabilities Act of 1990, Pub.L. 101-36, and amendments thereto, and which do not prevent the individual from performing the position's essential functions, with or without reasonable accommodation.
History: L. 1941, ch. 358, § 2; L. 1953, ch. 375, § 50; L. 1972, ch. 332, § 56; L. 1978, ch. 332, § 2; L. 1995, ch. 213, § 3; December 17.
History: L. 1941, ch. 358, § 3; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1941, ch. 358, § 4; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1972, ch. 332, §§ 11, 12; Repealed, L. 1978, ch. 332, § 57; July 1.
History: L. 1972, ch. 332, § 13; L. 1974, ch. 348, § 90; Repealed, L. 1978, ch. 332, § 57; July 1.
History: L. 1972, ch. 332, § 14; Repealed, L. 1978, ch. 332, § 57; July 1.
History: L. 1941, ch. 358, § 5; L. 1953, ch. 375, § 51; L. 1972, ch. 332, § 57; Repealed, L. 1978, ch. 332, § 57; July 1.
(a) There is hereby created the state civil service board. The board shall consist of five members 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, no person appointed to the board shall exercise any power, duty or function as a member of the board until confirmed by the senate.
(b) Members shall be in sympathy with the application of merit principles to public employment. Not more than three members of the board shall be of the same political party. Except as otherwise provided in this section, no member of the board may hold any other public office or public employment, except military office or the office of notary public. Subject to the provisions of K.S.A. 75-4315c, and amendments thereto, one member shall be appointed from each congressional district and the remainder shall represent the state at large. Subsequent redistricting of congressional districts shall not disqualify any member of the board who is serving at the time of redistricting from being reappointed as a member of the board.
(c) Except as provided by subsection (d), upon the expiration of the term of any member, a successor shall be appointed as provided in subsection (a), and shall hold office for a term of four years and until a successor is appointed and confirmed. All vacancies in the board shall be filled by appointment for the unexpired term in the case of vacancies occurring before the end of a term.
(d) 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.
History: L. 1978, ch. 332, § 3; L. 1982, ch. 347, § 54; L. 1985, ch. 275, § 1; L. 1992, ch. 262, § 16; L. 1995, ch. 241, § 21; July 1.
(a) The board shall be attached to the department of administration and shall be within the department as a part thereof. All budgeting, purchasing and related management functions of the board shall be administered under the direction and supervision of the secretary of administration. All vouchers for expenditures and all payrolls of the board shall be approved by the chairperson of the board or a person or persons designated by such chairperson and the secretary of administration or a person or persons designated by such secretary.
(b) The board shall organize annually by electing one of its members as chairperson and one as vice-chairperson. The board shall meet regularly at least once each calendar quarter and special meetings may be called by the chairperson or by a majority of the board. A quorum of the board shall consist of three members. No action may be taken by the board without the affirmative vote of at least three members. In the holding of hearings of appeals by employees or appointing authorities pursuant to the Kansas civil service act, the board may delegate to one or more of its members the authority to serve as a hearing examiner for such a hearing, but action upon any such appeal shall require the concurrence of at least three members of the board.
(c) Meetings of the board shall be open to the public and no meeting or hearing of the board shall be held unless at least three members of the board are present. The director of personnel services shall act as secretary of the board or may designate a person to serve as the secretary of the board. The board shall keep records and minutes of its business and official actions, and such records and minutes shall be public records open to public inspection, subject to rules and regulations specifying the hours and conditions of inspection.
(d) Each member of the state civil service board attending meetings of such board, attending a subcommittee meeting thereof authorized by such board, or serving as hearing examiner at a hearing under the Kansas civil service act shall be paid per diem compensation of $70 and shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto. In addition, each member, who resides more than 100 miles from the location of an authorized meeting or hearing, shall receive per diem compensation of $35 for each day in travel to or from such meeting or hearing if such travel is on a day other than the day or days of such meeting or hearing.
History: L. 1978, ch. 332, § 4; L. 1985, ch. 275, § 2; L. 1992, ch. 191, § 1; July 1.
(a) On and after the effective date of this act, all of the powers, duties and functions of the state civil service commission existing immediately prior to the effective date of this act are hereby transferred to and conferred and imposed upon the state civil service board created by this act, except as herein otherwise provided.
(b) On and after the effective date of this act, the state civil service board created by this act shall be the successor in every way to the powers, duties and functions of the state civil service commission in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed under the authority of the state civil service board created by this act shall be deemed to have the same force and effect as if performed by the state civil service commission in which such functions were vested prior to the effective date of this act.
(c) On and after the effective date of this act, whenever the state civil service 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 civil service board created by this act.
(d) On and after the effective date of this act, all orders of the state civil service commission in effect on the effective date of this act shall continue to be effective and shall be deemed to be the duly issued orders of the state civil service board created by this act, until revised, amended, revoked or nullified pursuant to law.
History: L. 1978, ch. 332, § 5; July 1.
(a) The state civil service board shall hear appeals taken to it pursuant to: (1) K.S.A. 75-2940, 75-2949 and 75-3747, and amendments thereto, concerning demotion, dismissal or suspension of a permanent employee in the classified service, or concerning refusal to examine an applicant or to certify a person as eligible for a job class, and (2) K.S.A. 75-2973, and amendments thereto, concerning disciplinary action in violation of that statute.
(b) When an appeal is taken to the board, the board shall establish a time and a place for the hearing which shall be held within 45 days after receipt of request for the appeal. The board shall notify the person bringing the appeal and the appointing authority or other person whose action is being reviewed of the time and the place of the hearing at least 14 days prior to such hearing. Each party at the hearing shall have the right to be represented by a person of the party's own choice. Hearings shall be conducted in accordance with the provisions of the Kansas administrative procedure act. For purposes of the administrative procedure act, the state civil service board shall be deemed the agency head. The board may affirm, modify or reverse an agency action and order any other action it deems appropriate.
(c) The board, or the director of personnel services when authorized by majority vote of the board, may depose witnesses. Either party to a hearing may depose witnesses in accordance with the Kansas administrative procedure act. If books and papers are required to be produced in advance of a hearing date, the person or agency producing the books and papers shall be entitled to receive reasonable compensation to recover all costs of such production from the person or agency for which they are produced. The board, any presiding officer or the director may examine such public records as may be required in relation to any matter which the board has authority to investigate.
(d) Each person not in the classified or unclassified service who appears before the board or the director by order shall receive for such person's attendance the fees and mileage provided for witnesses in civil actions in the district court. Such fees and mileage shall be audited and paid by the state upon presentation of proper vouchers. Each witness subpoenaed at the request of parties other than the board or the director shall be entitled to compensation from the state for attendance or travel only if the board certifies that the testimony of such witness was relevant and material to the matter investigated or, if such witness is not called to testify, the board determines and certifies that such compensation should be paid.
History: L. 1978, ch. 332, § 21; L. 1981, ch. 334, § 1; L. 1985, ch. 276, § 1; L. 1988, ch. 356, § 300; L. 1989, ch. 283, § 20; L. 2000, ch. 152, § 26; July 1.
History: L. 1978, ch. 332, §§ 22, 23; Repealed, L. 1988, ch. 356, § 361; July 1, 1989.
The secretary of administration, upon recommendation of the director of personnel services and the board, may adopt rules and regulations as provided in K.S.A. 75-3706 and amendments thereto to carry out the provisions of K.S.A. 75-2929d to 75-2929g, inclusive, and 75-2949d to 75-2949f, inclusive, and amendments thereto.
History: L. 1978, ch. 332, § 24; L. 1985, ch. 276, § 2; July 1.
Subject to the provisions of this section, the Kansas judicial review act shall be applicable to appeals from orders of the civil service board. In any such appeal, the civil service board shall not be a named party to the proceedings. Parties to such appeals shall be: (a) The aggrieved employee, former employee or applicant; (b) the state agency that took the action that was appealed to the civil service board; and (c) any party the district court permits to intervene in the district court action. An order of the civil service board may be affirmed, reversed or modified by the district court on appeal. Applications for a stay or other temporary remedies shall be to the state agency that took the action that was appealed to the civil service board.
History: L. 1984, ch. 338, § 28; L. 2010, ch. 17, § 197; July 1.
Revisor's Note: Later act, see 75-3746, 75-3747.
History: L. 1941, ch. 358, §§ 6, 7; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1941, ch. 358, § 8; Repealed, L. 1978, ch. 332, § 57; July 1.
Revisor's Note: Later act, see 75-3702, 75-3704.
History: L. 1941, ch. 358, § 9; L. 1951, ch. 451, § 1; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1941, ch. 358, § 10; L. 1943, ch. 273, § 1; L. 1951, ch. 451, § 2; L. 1975, ch. 462, § 116; L. 1978, ch. 332, § 6; Repealed, L. 1981, ch. 335, § 7; July 1.
Revisor's Note: Later act, see 75-3747.
History: L. 1951, ch. 451, §§ 7, 8; Repealed, L. 1953, ch. 375, § 95; July 1.
The civil service of the state of Kansas is hereby divided into the unclassified and the classified services.
(1) The unclassified service comprises positions held by state officers or employees who are:
(a) Chosen by election or appointment to fill an elective office;
(b) members of boards and commissions, heads of departments required by law to be appointed by the governor or by other elective officers, and the executive or administrative heads of offices, departments, divisions and institutions specifically established by law;
(c) except as otherwise provided under this section, one personal secretary to each elective officer of this state, and in addition thereto, 10 deputies, clerks or employees designated by such elective officer;
(d) all employees in the office of the governor;
(e) officers and employees of the senate and house of representatives of the legislature and of the legislative coordinating council and all officers and employees of the office of revisor of statutes, of the legislative research department, of the division of legislative administrative services, of the division of post audit and the legislative counsel;
(f) chancellor, president, deans, administrative officers, student health service physicians, pharmacists, teaching and research personnel, health care employees and student employees in the institutions under the state board of regents, the executive officer of the board of regents and the executive officer's employees other than clerical employees, and, at the discretion of the state board of regents, directors or administrative officers of departments and divisions of the institution and county extension agents, except that this subsection shall not be construed to include the custodial, clerical or maintenance employees, or any employees performing duties in connection with the business operations of any such institution, except administrative officers and directors. As used in this subsection, "health care employees" means employees of the university of Kansas medical center who provide health care services at the university of Kansas medical center and who are medical technicians or technologists or respiratory therapists, who are licensed professional nurses or licensed practical nurses, or who are in job classes that are designated for this purpose by the chancellor of the university of Kansas upon a finding by the chancellor that such designation is required for the university of Kansas medical center to recruit or retain personnel for positions in the designated job classes; and employees of any institution under the state board of regents who are medical technologists;
(g) operations, maintenance and security personnel employed to implement agreements entered into by the adjutant general and the federal national guard bureau, and officers and enlisted persons in the national guard and the naval militia;
(h) persons engaged in public work for the state but employed by contractors when the performance of such contract is authorized by the legislature or other competent authority;
(i) persons temporarily employed or designated by the legislature or by a legislative committee or commission or other competent authority to make or conduct a special inquiry, investigation, examination or installation;
(j) officers and employees in the office of the attorney general and special counsel to state departments appointed by the attorney general, except that officers and employees of the division of the Kansas bureau of investigation shall be in the classified or unclassified service as provided in K.S.A. 75-711, and amendments thereto;
(k) all employees of courts;
(l) client, patient and inmate help in any state facility or institution;
(m) all attorneys for boards, commissions and departments;
(n) the secretary and assistant secretary of the Kansas state historical society;
(o) physician specialists, dentists, dental hygienists, pharmacists, medical technologists and long term care workers employed by the Kansas department for aging and disability services;
(p) physician specialists, dentists and medical technologists employed by any board, commission or department or by any institution under the jurisdiction thereof;
(q) student employees enrolled in public institutions of higher learning;
(r) administrative officers, directors and teaching personnel of the state board of education and the state department of education and of any institution under the supervision and control of the state board of education, except that this subsection shall not be construed to include the custodial, clerical or maintenance employees, or any employees performing duties in connection with the business operations of any such institution, except administrative officers and directors;
(s) all officers and employees in the office of the secretary of state;
(t) one personal secretary and one special assistant to the following: The secretary of administration, the secretary for aging and disability services, the secretary of agriculture, the secretary of commerce, the secretary of corrections, the secretary of health and environment, the superintendent of the Kansas highway patrol, the secretary of labor, the secretary of revenue, the secretary for children and families, the secretary of transportation and the secretary of wildlife and parks;
(u) one personal secretary and one special assistant to the chancellor and presidents of institutions under the state board of regents;
(v) one personal secretary and one special assistant to the executive vice chancellor of the university of Kansas medical center;
(w) one public information officer and one chief attorney for the following: The department of administration, the Kansas department for aging and disability services, the department of agriculture, the department of commerce, the department of corrections, the department of health and environment, the department of labor, the department of revenue, the Kansas department for children and families, the department of transportation and the Kansas department of wildlife and parks;
(x) if designated by the appointing authority, persons in newly hired positions, including any employee who is rehired into such position and any current state employee who voluntarily transfers into, or is voluntarily promoted or demoted into such position, on and after July 1, 2015, in any state agency;
(y) one executive director, one general counsel and one director of public affairs and consumer protection in the office of the state corporation commission;
(z) specifically designated by law as being in the unclassified service;
(aa) any position that is classified as a position in the information resource manager job class series, that is the chief position responsible for all information resources management for a state agency, and that becomes vacant on or after the effective date of this act. Nothing in this section shall affect the classified status of any employee in the classified service who is employed on the date immediately preceding the effective date of this act in any position that is a classified position in the information resource manager job class series and the unclassified status as prescribed by this subsection shall apply only to a person appointed to any such position on or after the effective date of this act that is the chief position responsible for all information resources management for a state agency;
(bb) positions at state institutions of higher education that have been converted to unclassified positions pursuant to K.S.A. 76-715a, and amendments thereto; and
(cc) notwithstanding the provisions of K.S.A. 22-4524, 32-802, 39-1911, 44-510g, 44-551, 44-552, 48-205, 48-919, 49-402e, 58-4105, 58-4503, 65-2878, 65-6103, 73-1210a, 73-1234, 74-515b, 74-561, 74-569, 74-631, 74-1106, 74-1704, 74-1806, 74-2435, 74-2614, 74-2702, 74-2906a, 74-5014, 74-5210, 74-6707, 74-6901, 74-6904, 74-7008, 74-7501, 74-8704, 74-8805, 74-9804, 75-118, 75-1202d, 75-2537, 75-2944, 75-3148, 75-3702c, 75-4222, 75-5005, 75-5015, 75-5016, 75-5122, 75-5157, 75-5309, 75-5310, 75-5378, 75-5610, 75-5702, 75-5708, 75-5733, 75-5910, 75-7028, 75-7054, 75-7304, 76-1002a, 76-1116, 76-12a04, 76-12a05, 76-12a08, 76-12a16, 76-3202 and 82a-1205, and amendments thereto, any vacant position within the classified service may be converted by the appointing authority to an unclassified position.
(2) The classified service comprises all positions now existing or hereafter created that are not included in the unclassified service. Appointments in the classified service shall be made according to merit and fitness from eligible pools that so far as practicable shall be competitive. No person shall be appointed, promoted, reduced or discharged as an officer, clerk, employee or laborer in the classified service in any manner or by any means other than those prescribed in the Kansas civil service act and the rules adopted in accordance therewith.
(3) For positions involving unskilled, or semiskilled duties, the secretary of administration, as provided by law, shall establish rules and regulations concerning certifications, appointments, layoffs and reemployment that may be different from the rules and regulations established concerning these processes for other positions in the classified service.
(4) Officers authorized by law to make appointments to positions in the unclassified service, and appointing officers of departments or institutions whose employees are exempt from the provisions of the Kansas civil service act because of the constitutional status of such departments or institutions shall be permitted to make appointments from appropriate pools of eligibles maintained by the division of personnel services.
(5) On and after the effective date of this act, any state agency that has positions in the classified service within the Kansas civil service act to satisfy any requirement of maintaining personnel standards on a merit basis pursuant to federal law or the rules and regulations promulgated thereunder by the federal government or any agency thereof, shall adopt a binding statement of agency policy pursuant to K.S.A. 77-415, and amendments thereto, to satisfy such requirements if the appointing authority has made any such position unclassified.
History: L. 1941, ch. 358, § 11; L. 1957, ch. 445, § 1; L. 1963, ch. 424, § 1; L. 1963, ch. 400, § 3; L. 1965, ch. 464, § 1; L. 1969, ch. 399, § 1; L. 1971, ch. 272, § 1; L. 1972, ch. 318, § 1; L. 1974, ch. 383, § 1; L. 1976, ch. 377, § 1; L. 1976, ch. 378, § 1; L. 1978, ch. 332, § 7; L. 1982, ch. 225, § 5; L. 1985, ch. 256, § 15; L. 1987, ch. 347, § 1; L. 1989, ch. 266, § 2; L. 1989, ch. 233, § 2; L. 1990, ch. 305, § 1; L. 1992, ch. 293, § 1; L. 1994, ch. 293, § 28; L. 1995, ch. 236, § 15; L. 1995, ch. 255, § 12; L. 1997, ch. 156, § 88; L. 1998, ch. 187, § 14; L. 1999, ch. 149, § 10; L. 2003, ch. 154, § 90; L. 2004, ch. 179, § 116; L. 2005, ch. 94, § 3; L. 2011, ch. 104, § 43; L. 2012, ch. 47, § 115; L. 2012, ch. 166, § 18; L. 2014, ch. 115, § 315; L. 2015, ch. 52, § 1; L. 2016, ch. 71, § 4; L. 2023, ch. 7, § 129; July 1.
(a) Except as provided in subsection (b), positions in the classified exempt service shall become unclassified July 1, 1978. The classified exempt service shall be abolished as of this date and no further appointments shall be made in the classified exempt service. Except as provided in subsection (b), whenever the classified exempt service of the Kansas civil service act, or words of like effect, is referred to by a statute, contract or other document, such reference shall be deemed to apply to the unclassified service of the Kansas civil service act.
(b) All positions in the classified exempt service in the Kansas veterans' commission, the state library (except the position of state librarian), the Kansas bureau of investigation (except the position of narcotics violation investigator) and the state historical society (except the position of secretary of the state historical society) shall become classified July 1, 1978. Except as provided in subsection (c), a person employed in a classified exempt position in the Kansas veterans' commission, the state library, the Kansas bureau of investigation (except the position of narcotics violation investigator) or the state historical society (except the position of secretary of the state historical society) immediately prior to July 1, 1978, shall continue in such position, when the position becomes a classified position on July 1, 1978, shall obtain permanent status in such position without examination and without a probationary period and shall retain all retirement benefits which such person had prior to July 1, 1978, and such person's service shall be deemed to have been continuous. The position of secretary of the state historical society, the position of state librarian and the position of undercover narcotics investigator of the Kansas bureau of investigation shall become unclassified July 1, 1978.
(c) A person employed in a classified position in the state historical society (except the position of assistant secretary) immediately prior to the effective date of this act shall continue in such position on and after such date. The position of assistant secretary of the state historical society shall become unclassified on the effective date of this act.
History: L. 1949, ch. 423, § 1; L. 1972, ch. 332, § 58; L. 1978, ch. 332, § 8; L. 1989, ch. 266, § 3; March 16.
Salaries and other compensation of all persons who are within the unclassified service of the Kansas civil service act, and which salaries and other compensation are not fixed by statute, shall be subject to the approval of the governor and such salaries or other compensation shall not be paid until approved by the governor. The provisions of this section shall not apply to the salaries and other compensation of any officer or employee when such salary or other compensation is specifically prescribed by law, nor to officers and employees of elected state officials, officers and employees under the jurisdiction of the state board of regents, the executive secretary and other employees of the Kansas public employees retirement system that are in the unclassified service as specified under K.S.A. 74-4908, and amendments thereto, officers and employees under the jurisdiction of the supreme court, legislative officers and employees or officers and employees of any agency performing functions and duties primarily for the legislative branch.
History: L. 1963, ch. 434, § 1; L. 1972, ch. 332, § 59; L. 1978, ch. 332, § 9; L. 1982, ch. 319, § 15; L. 1995, ch. 255, § 13; L. 1997, ch. 156, § 89; L. 2011, ch. 104, § 44; L. 2012, ch. 65, § 29; July 1.
Subject to available appropriations, the governor is hereby authorized and directed to approve a salary plan for physicians at institutions under the secretary for aging and disability services, as defined by subsection (b) of K.S.A. 76-12a01, and amendments thereto. Such salary plan for physicians shall be effective on the first day of the first payroll period chargeable to the fiscal year ending on June 30, 1982, and shall be subject to modification and approval by the governor and to any enactments of the legislature applicable thereto.
History: L. 1981, ch. 30, § 2; L. 2014, ch. 115, § 316; July 1.
History: L. 1941, ch. 358, § 11; L. 1957, ch. 445, § 1; L. 1963, ch. 424, § 1; L. 1963, ch. 400, § 3; L. 1965, ch. 464, § 1; L. 1969, ch. 399, § 1; L. 1971, ch. 272, § 1; L. 1972, ch. 318, § 1; L. 1974, ch. 383, § 1; L. 1976, ch. 377, § 1; L. 1976, ch. 378, § 1; L. 1978, ch. 332, § 7; L. 1982, ch. 225, § 5; L. 1985, ch. 256, § 15; L. 1987, ch. 347, § 1; L. 1989, ch. 265, § 1; Repealed, L. 1990, ch. 305, § 3; March 22.
History: L. 1941, ch. 358, § 11; L. 1957, ch. 445, § 1; L. 1963, ch. 424, § 1; L. 1963, ch. 400, § 3; L. 1965, ch. 464, § 1; L. 1969, ch. 399, § 1; L. 1971, ch. 272, § 1; L. 1972, ch. 318, § 1; L. 1974, ch. 383, § 1; L. 1976, ch. 377, § 1; L. 1976, ch. 378, § 1; L. 1978, ch. 332, § 7; L. 1982, ch. 225, § 5; L. 1985, ch. 256, § 15; L. 1987, ch. 347, § 1; L. 1989, ch. 266, § 2; L. 1989, ch. 233, § 2; L. 1990, ch. 305, § 1; L. 1992, ch. 293, § 1; L. 1994, ch. 293, § 28; L. 1995, ch. 234, § 22; Repealed, L. 1996, ch. 243, § 1; July 1.
History: L. 1941, ch. 358, § 11; L. 1957, ch. 445, § 1; L. 1963, ch. 424, § 1; L. 1963, ch. 400, § 3; L. 1965, ch. 464, § 1; L. 1969, ch. 399, § 1; L. 1971, ch. 272, § 1; L. 1972, ch. 318, § 1; L. 1974, ch. 383, § 1; L. 1976, ch. 377, § 1; L. 1976, ch. 378, § 1; L. 1978, ch. 332, § 7; L. 1982, ch. 225, § 5; L. 1985, ch. 256, § 15; L. 1987, ch. 347, § 1; L. 1989, ch. 266, § 2; L. 1989, ch. 233, § 2; L. 1990, ch. 305, § 1; L. 1992, ch. 293, § 1; L. 1994, ch. 293, § 28; L. 1995, ch. 236, § 15; L. 1995, ch. 255, § 12; L. 1997, ch. 156, § 88; L. 1998, ch. 182, § 20; Repealed, L. 1999, ch. 149, § 14; July 1.
History: L. 1941, ch. 358, §§ 12, 13; Repealed, L. 1972, ch. 332, § 97; July 1.
(a) Except as otherwise provided in the Kansas civil service act, the director of personnel services, after consultation with the heads of state agencies or persons designated by them, shall assign each position in the classified service to a class according to the duties and responsibilities thereof. Titles shall be specified by the director for each such class for use in certifying the names of persons for appointment under this act. A description of the duties and responsibilities with suitable qualifications required for satisfactory performance in each class shall be specified by the director. The classes and titles so specified and described shall be used for: (1) Original appointments; (2) promotions; (3) payrolls; and (4) all other records affecting the status of persons in the classified service. Each class when approved or modified and approved as modified by the governor shall take effect on a date or dates specified by the governor. After consultation with the director of the budget and the heads of state agencies or persons designated by them, the director shall recommend changes in classes from time to time, and such changes, when approved or modified and approved as modified by the governor, shall take effect on a date or dates specified by the governor.
(b) The director of personnel services shall recommend to the governor the assignment, and from time to time the reassignment, of each class to a specified range approved or modified and approved as modified by the governor, the same shall become effective on a date or dates specified by the governor. In adopting or revising any plans, the governor shall give consideration to pertinent rates in other public and private employment in the appropriate labor markets, and for this purpose the director shall have made periodic wage and salary surveys with one survey to be conducted each year. The results of such survey and recommendations for revisions in the pay plan are to be forwarded to the governor, the secretary of administration, the director of the budget and the legislature. The recommendations shall give consideration and weight to survey results, to changes in the cost-of-living and to proper internal alignment of the various job classes. The director may use the results of other appropriate surveys conducted by public or private agencies in lieu of or in addition to surveys authorized to be conducted under this subsection.
(c) The secretary of administration may delegate the authority to assign positions in the classified service to a class according to the duties and responsibilities thereof to the appointing authority. Such delegation shall specify the particular classes, ranges, and schedules authorized. Appointing authorities delegated such assigning authority shall make monthly reports of assigning transactions to the director of personnel services. Any delegation of such authority is subject to review by the secretary of administration who may modify any delegation made in order to ensure consistency with the state classification plan and may withdraw the delegated authority from the appointing authority upon evidence of improper use of such authority by the appointing authority. The decision of the secretary of administration in regard to the withdrawal of such delegated authority shall be final.
(d) After consultation with the director of the budget and the secretary of administration, the director of personnel services shall prepare a pay plan which shall contain a schedule of salary and wage ranges and steps, and from time to time changes therein. When such pay plan or any change therein is approved or modified and approved as modified by the governor, the same shall become effective on a date or dates specified by the governor and any such modification, change of date shall be in accordance with any enactments of the legislature applicable thereto.
(e) The classes and pay plan for the classified service as approved by the governor shall be used by the director of the budget in preparation of the budget.
(f) Whenever any appropriation or other act specifies any pay plan or any change, limitation or condition upon the pay plan, personnel or policies of the state or any state agency, such appropriation act or other act shall control the provisions of this section to the extent of their application thereto.
History: L. 1941, ch. 358, § 14; L. 1953, ch. 375, § 52; L. 1972, ch. 332, § 60; L. 1975, ch. 438, § 1; L. 1978, ch. 332, § 10; L. 1995, ch. 213, § 4; December 17.
No revision of the job classification or the compensation of any classified position in any job class, which takes effect in any payroll period which commences after January 1, 1995, shall change the current anniversary date of any person in any such classified position for purposes of any increase in compensation from step movement on the pay plan for the classified service under the Kansas civil service act.
History: L. 1994, ch. 352, § 2; May 19.
(a) Except as otherwise provided by this section, the information contained in responses to wage and salary surveys conducted by the director of personnel services to provide wage and salary information about jobs in other public and private employment under K.S.A. 75-2938, and amendments thereto, shall be confidential and shall not be subject to disclosure under the open records act, K.S.A. 45-215 et seq., and amendments thereto, or any other statute. The information contained in responses to such wage and salary surveys shall not be subject to subpoena, discovery or other demand in any administrative, criminal or civil action. The confidentiality prescribed by this section is not subject to expiration pursuant to K.S.A. 45-229, and amendments thereto, or any other statute.
(b) The information contained in such responses to wage and salary surveys conducted by the director of personnel services to provide wage and salary information about jobs in other public and private employment under K.S.A. 75-2938, and amendments thereto, shall be disclosed upon written request if no person or entity can be identified in the information to be disclosed as determined by the director of personnel services.
History: L. 2009, ch. 45, § 1; July 1.
(a) To the extent required by rules and regulations of the secretary of administration, public notice shall be given of all vacancies to be filled. Each person who registers for state employment and applies for the vacancy shall be considered for certification to the pool of eligible candidates if the person meets reasonable minimum standards or requirements fixed by the director with regard to experience, character, age, education, physical condition, and such other factors which directly relate to the knowledge, skills and ability of the candidates to perform with reasonable efficiency the duties of the position. No standards or requirements shall be fixed with reference to education, age or physical condition except such as relate directly to the duties of the office or employment to be filled.
(b) Qualified persons with disabilities shall be reasonably accommodated in the selection process.
(c) The director may require candidates in filing their applications to submit certificates of general or special qualifications as the good of the service may require.
(d) All criteria used as the basis for certifying candidates as eligible for a vacancy from among persons meeting minimum qualifications shall relate to those matters which fairly represent the capacity and fitness of the candidates to efficiently discharge the duties of the position and shall be subject to review and approval of the director.
(e) In order to determine whether candidates meet the requirements for a position as established under subsection (a), (c) or (d), candidates may be required to undergo assessments of skills, knowledge and abilities as necessary to determine the fitness of the candidates to perform the duties of the position. Such assessments may be developed and administered by the director or shall be subject to the review and approval by the director. Such assessments shall be held at such times and places as most nearly meet the convenience of candidates, practicability of administration, and the needs of the service. Specific agreements between the agency and the division of personnel services will be established regarding the security and processing of assessment instruments.
(f) Agency selection programs will be subject to periodic audit by the division of personnel services with a report to be made to the secretary of administration.
History: L. 1941, ch. 358, § 15; L. 1943, ch. 273, § 2; L. 1959, ch. 335, § 1; L. 1969, ch. 400, § 1; L. 1976, ch. 379, § 1; L. 1978, ch. 332, § 11; L. 1995, ch. 213, § 5; December 17.
(a) The director may refuse to certify a candidate as eligible, or may remove from consideration a candidate who previously has registered for employment with the state when the candidate:
(1) Is found to lack any of the preliminary requirements established for the position for which the candidate applies;
(2) is, due to a qualifying disability, unable to perform the essential functions of the position with reasonable accommodation;
(3) uses illegal narcotics or other drugs which may affect job performance or whose use of alcohol will adversely affect job performance or conduct to the extent that the candidate is not qualified;
(4) has been convicted of, granted deferred prosecution for, or pleaded nolo contendere to any violations which relate to fitness to perform required duties or any crime involving moral turpitude;
(5) has been dismissed from the public service for delinquency or misconduct;
(6) has made a false statement of any material fact;
(7) gives, renders or pays directly or indirectly any money, service or other valuable thing to any person for, or on account of, or in connection with the application, selection or appointment process;
(8) has practiced, or attempted to practice, any deception or fraud in the application, selection or appointment process; or
(9) is affiliated with a political movement advocating overthrow of government by force or violence.
(b) Whenever the director refuses to certify a candidate as eligible, or removes from consideration a candidate who has registered for employment with the state, as provided in this section, the director shall furnish to the candidate a statement of the reasons for such refusal to certify, or removal from consideration as the case may be. In the case of any such refusal or removal an appeal may be taken to the board in accordance with rules and regulations adopted as provided in K.S.A. 75-3706, and amendments thereto.
History: L. 1941, ch. 358, § 16; L. 1967, ch. 434, § 60; L. 1971, ch. 273, § 1; L. 1978, ch. 332, § 12; L. 1985, ch. 276, § 3; L. 1995, ch. 213, § 6; December 17.
No discrimination shall be exercised, threatened, or promised, by any person in the civil service against or in favor of any applicant, eligible, or employee in the civil service because of political or religious opinions or affiliations, except that no person affiliated with a political movement advocating overthrow of government by force or violence shall be eligible to any appointment or employment under this act.
History: L. 1941, ch. 358, § 17; June 1.
(a) Appointments and promotions to all positions in the classified service under the provisions of this act, and rules and regulations adopted as provided in K.S.A. 75-3706 and amendments thereto, shall be made from among those certified to the appointing officer.
(b) A statewide list of requisitions to fill vacant positions shall be maintained by the division of personnel services.
(c) No person shall be appointed or employed under any class not appropriate to the duties performed, and no person shall be transferred to, nor assigned to perform the duties of, any position in the classified service, unless such person is qualified therefor under the provisions of this act.
(d) During the period of a national emergency, so proclaimed by the president of the United States, the director of personnel services, with the approval of the secretary of administration, may certify persons not so previously qualified to temporarily fill positions in the classified service in any agency, but no such temporary appointment shall continue after a qualified person is eligible for certification or after such national emergency ends, whichever period of time is the shorter.
History: L. 1941, ch. 358, § 18; L. 1943, ch. 273, § 3; L. 1945, ch. 321, § 1; L. 1951, ch. 451, § 3; L. 1967, ch. 448, § 1; L. 1972, ch. 332, § 61; L. 1978, ch. 332, § 13; L. 1985, ch. 276, § 4; L. 1995, ch. 213, § 7; December 17.
(a) Appointing authorities shall give notice to the director of personnel services of their intention to establish new positions and of the existence of any vacancy to be filled in any office or employment in the classified service in the manner provided by the director.
(b) The secretary of administration, upon recommendation of the director of personnel services, shall establish procedures and standards for the certification of names of eligible persons for vacant positions.
(c) The appointing authority shall appoint on probation, with sole reference to merit and fitness, one of the candidates whose name is certified in the manner provided by subsection (b) to fill such vacancy. The provisions of this section shall not apply when the office or employment is among those which are described in K.S.A. 75-2945 and amendments thereto.
(d) After consultation with appointing authorities and other supervising officials, the director shall establish, and from time to time amend, a system of performance ratings which shall provide for general categories of performance levels and such other criteria as the director may prescribe for each class of positions in the classified service or for groups of classes. In accordance with K.S.A. 75-3706 and amendments thereto, the secretary of administration shall adopt rules and regulations in respect to such performance ratings, and such performance ratings shall be considered in determining the advisability of transfers, the promotion of an employee to a higher class, questions of reduction or dismissal of any employee, increases and decreases in salary of an employee within the salary range established under this act, and in all other decisions relating to the status of employees. In accordance with K.S.A. 75-3706 and amendments thereto, the secretary of administration shall adopt rules and regulations prescribing the extent to which such ratings and the reports upon which they are based shall be open to public inspection by the public and by the affected employees.
History: L. 1941, ch. 358, § 19; L. 1951, ch. 451, § 4; L. 1971, ch. 274, § 1; L. 1972, ch. 332, § 62; L. 1978, ch. 332, § 14; L. 1985, ch. 277, § 1; L. 1994, ch. 185, § 1; L. 1995, ch. 213, § 8; December 17.
(a) Vacancies in positions shall be filled, so far as practicable, by promotions or transfers of persons holding positions in the classified service and in accordance with K.S.A. 75-2942, and amendments thereto. Promotions shall be based upon merit principles which shall include as factors the employee's efficiency, character, conduct and length of service. Subject to the approval of the secretary of administration, the director of personnel services may provide, in specific areas, for competitive promotional assessments.
(b) An employee in the classified service with permanent status who is promoted with probationary status to a higher position, who is dismissed or could be dismissed for cause other than misconduct or delinquency on the employee's part from the position to which the employee was promoted, either during the probationary period or at the conclusion thereof by reason of the failure of the appointing authority to file a request for the employee's continuance in the position, shall be demoted with permanent status to a position in the class from which the employee was promoted, or to a position in another class in the same salary range as the class from which the employee was promoted, or in a class in the next lower salary range. If the employee was promoted from one agency to another agency, the demotion shall be to a position in the agency to which the employee was promoted, unless the agency from which the employee was promoted agrees to the demotion of the employee in that agency. If the employee was dismissed for misconduct or delinquency from the position to which the employee was promoted, and for that reason is not entitled to be demoted to a lower position, the employee shall have a right to appeal the dismissal to the state civil service board. If an employee who is dismissed and who is entitled to demotion pursuant to this subsection, is not given the opportunity to be demoted, the employee shall have a right to appeal the dismissal to the state civil service board. The secretary of administration may prescribe by rules and regulations conditions under which a break in service between separation from one agency and promotion to a position in that agency or another agency renders inapplicable the right of demotion to a lower position as provided in this subsection.
History: L. 1941, ch. 358, § 20; L. 1951, ch. 451, § 5; L. 1967, ch. 448, § 2; L. 1972, ch. 332, § 63; L. 1978, ch. 345, § 9; L. 1981, ch. 335, § 3; L. 1995, ch. 213, § 9; December 17.
Subject to limitations imposed by rules and regulations adopted pursuant to K.S.A. 75-3706 and amendments thereto, positions in the classified service may be filled without utilizing certified pool of eligible candidates only as follows:
(a) Where the services to be performed will require less than 1,000 hours of work within a twelve-month period, the director may authorize an agency to make a temporary appointment of a person who meets the qualifications for the position. The director may establish procedures for making temporary appointments. A person may have more than one temporary appointment in an agency within a twelve-month period, if the person works on such appointments for less than 1,000 hours within the twelve-month period. The period of temporary service shall not be counted as a part of the probationary period in case of subsequent appointment to a regular position.
(b) Appointments may be made without using a certified pool of eligible candidates to trainee or training positions approved by the director for job classes designed to provide job experience to persons pursuing a related degree, certificate or similar credential or job classes for which the state provides formal training programs in the work to be performed.
History: L. 1941, ch. 358, § 21; L. 1967, ch. 448, § 3; L. 1972, ch. 332, § 64; L. 1978, ch. 332, § 15; L. 1981, ch. 335, § 4; L. 1985, ch. 276, § 5; L. 1995, ch. 213, § 10; December 17.
Except as otherwise provided in the Kansas civil service act or by rules and regulations adopted thereunder, all appointments within the classified service shall be for a probationary period, the length of which for the several classes in the classified service shall be determined by rules and regulations, but dismissals, suspensions or demotions may be made at any time during such period. At or before the end of the probationary period the appointing authority shall notify the director in writing whether or not the probationer is a satisfactory employee and should receive the status of a permanent employee.
History: L. 1941, ch. 358, § 22; L. 1981, ch. 335, § 5; July 1.
(a) In a manner consistent with rules and regulations adopted by the secretary of administration, transfers in the classified service may be made from a position in one class to a position in another class when the duties and compensation are similar.
(b) Any person holding a regular position in the classified service of this state may be granted a leave of absence on the grounds of sickness, disability or other good or sufficient reason. No leave shall exceed one year, except as necessary to comply with other laws and as approved by the secretary of administration.
(c) Leave of absence may be granted to an officer or employee holding a regular position in the classified service to enable such person to take an appointive position in the state unclassified service.
History: L. 1941, ch. 358, § 23; L. 1995, ch. 213, § 11; December 17.
(a) In accordance with rules and regulations adopted therefor, an appointing authority, with the approval of the secretary of administration, may lay off an employee in the classified service whenever the appointing authority deems it necessary by reason of shortage of work or funds, the return of an employee from authorized leave, or the abolition of a position or other material change in duties or organization.
The type of appointment, length of service and performance evaluations of employees shall be considered, in such manner as the rules and regulations shall provide, among the factors in determining the order of layoffs.
(b) The appointing authority shall give written notice to the director with a copy to the affected employee or employees of every proposed layoff and the reason therefor at least 30 calendar days before the effective date thereof, and the director shall make such orders relating thereto as the director considers necessary to secure compliance with the rules and regulations. Every permanent employee so laid off shall be placed in the appropriate reemployment pool, and the secretary of administration shall adopt rules and regulations pursuant to K.S.A. 75-3706 and amendments thereto detailing what preference is to be given persons in the reemployment pool, including assistance relating to job search and placement, skill identification and employment counselling.
History: L. 1941, ch. 358, § 24; L. 1945, ch. 321, § 2; L. 1971, ch. 273, § 2; L. 1978, ch. 332, § 16; L. 1981, ch. 335, § 6; L. 1995, ch. 213, § 12; December 17.
(a) An appointing authority may dismiss or demote any permanent employee in the classified service when the appointing authority considers that the good of the service will be served thereby. For disciplinary purposes, an appointing authority may suspend without pay a permanent classified employee for a period not to exceed 30 calendar days. No permanent employee in the classified service shall be dismissed, demoted or suspended for political, religious, racial or other nonmerit reasons.
(b) Prior to dismissal, demotion or suspension of a permanent employee in the classified service, the appointing authority shall furnish the employee by certified mail to the employee's last known address, return receipt requested, or by personal delivery, a statement in writing specifically setting forth the reasons and factual basis therefor. A copy of such statement shall be furnished immediately to the director. This statement shall contain notice of the proposed dismissal, demotion or suspension and shall specify the proposed effective date thereof. Except as otherwise provided in the Kansas civil service act, a proposed suspension, demotion or dismissal shall become effective no less than three calendar days nor more than 14 calendar days following the date the notice of such proposed suspension, demotion or dismissal is personally delivered to the employee or deposited with the post office as certified mail. If in the opinion of the appointing authority conditions warrant, the appointing authority may relieve the employee of duties or change the duties of the employee during such period. If the employee is relieved from duty during such period, the employee may be continued in pay status, or placed on leave of absence without pay by the appointing authority. In the statement proposing suspension, demotion or dismissal, the appointing authority shall offer the employee who is proposed to be suspended, demoted or dismissed an opportunity to reply in writing, or appear in person, or both, before the appointing authority or a designated representative of the appointing authority, on the issue of the proposed suspension, demotion or dismissal prior to the time such suspension, demotion or dismissal is specified by the notice to become effective. The statement shall specify the date, time and place by, or at which, the employee may reply in writing or appear, or both. If the employee chooses to appear in person on the issue of the proposed action, the employee may be represented by a person of the employee's choice.
(c) Upon request by the employee, or upon the initiative of the appointing authority, the appointing authority may extend the time for reply or appearance, or both, if the circumstances warrant. Notice of any such extension shall be furnished to the employee and to the director of personnel services. The proposed suspension, demotion or dismissal shall not become effective until after the extended period has expired.
(d) Following the employee's response to the opportunity to reply to the proposed action, or upon expiration of the time for such reply, if no reply is made, the appointing authority, or the designee of the appointing authority, shall notify the employee of the final decision on the proposed action. Such notice shall be in writing and shall be sent by certified mail to the employee's last known address or personally delivered to the employee on or before the effective date of the proposed action. A copy of the notice shall be furnished immediately to the director of personnel services. This final notice of decision by the appointing authority or the designee of the appointing authority, to suspend, demote or dismiss the employee shall inform the employee of the employee's right to appeal the decision to the state civil service board within 30 calendar days after the effective date of the action.
(e) At any time prior to the effective date of the proposed suspension, demotion or dismissal or, if an appeal is taken to the state civil service board, at any time prior to the final decision of the board, the appointing authority, or the designee of the appointing authority, may withdraw or modify the action proposed to be taken or taken against the employee. Notice of any such withdrawal or modification shall be given in writing to the employee by certified mail to the employee's last known address or by personal delivery. A copy of the notice shall be furnished immediately to the director of personnel services.
(f) Any permanent employee finally dismissed, demoted or suspended, may request a hearing from the state civil service board to determine the reasonableness of such action. Each such request for a hearing shall be in writing and shall be filed in the office of the director of personnel services within 30 calendar days after the effective date of the dismissal, demotion or suspension. Additional days shall not be added to the thirty-day period in which an appeal may be filed if the notice of the effective date of the dismissal, demotion or suspension is mailed to the employee. The board shall grant the employee a hearing in accordance with the provisions of the Kansas administrative procedure act within 45 calendar days after receipt of such request. At the hearing the burden of proof shall be upon the employee to establish that the appointing authority did not act reasonably in taking such action.
(g) No employee shall be disciplined or discriminated against in any way because of the employee's proper use of the appeal procedure.
(h) A permanent employee who is demoted pursuant to this section need not meet the qualifications for the class of positions to which demoted if the appointing authority determines that the employee can reasonably be expected to perform satisfactorily the duties of the position to which the employee is demoted. A permanent employee who is demoted pursuant to this section shall have permanent status in the class to which demotion is made, effective on the date of the demotion.
(i) In case of a situation in which the possibility of proposing dismissal, suspension or demotion of a permanent employee is indicated, but where the appointing authority needs time to conduct an investigation before proposing such action, or in a situation where immediate removal of an employee from such employee's job is needed to avoid disruption of work, or for the protection of persons or property, or for a similar reason, the appointing authority may relieve the employee of duties or change the duties of the employee for a limited period and keep the employee in pay status. The secretary of administration shall provide by rules and regulations, adopted pursuant to K.S.A. 75-3706, and amendments thereto, procedures to be followed in such cases.
History: L. 1941, ch. 358, § 25; L. 1971, ch. 273, § 3; L. 1972, ch. 332, § 65; L. 1977, ch. 293, § 1; L. 1978, ch. 332, § 17; L. 1981, ch. 334, § 2; L. 1985, ch. 276, § 6; L. 1988, ch. 356, § 301; L. 2000, ch. 152, § 27; July 1.
History: L. 1978, ch. 332, §§ 18 to 20; Repealed, L. 1981, ch. 334, § 6; July 1.
(a) A permanent employee in the classified service under the Kansas civil service act may be dismissed, demoted or suspended because of deficiencies in work performance as provided in K.S.A. 75-2949e or because of personal conduct detrimental to the state service as provided in K.S.A. 75-2949f or because of both such reasons. In all such cases, the provisions of K.S.A. 75-2949, and amendments thereto, shall apply.
(b) This section and K.S.A. 75-2949e and 75-2949f shall be part of and supplemental to the Kansas civil service act.
History: L. 1981, ch. 334, § 3; July 1.
(a) Grounds for dismissal, demotion or suspension of a permanent employee for deficiencies in work performance include, but are not limited to, the following:
(1) Inefficiency or incompetency in the performance of duties, or inability to perform the duties;
(2) negligence in the performance of duties;
(3) careless, negligent or improper use of state property;
(4) failure to maintain satisfactory and harmonious relationships with the public and fellow employees;
(5) habitual or flagrantly improper use of leave privileges;
(6) a habitual pattern of failure to report for duty at the assigned time and place or to remain on duty; and
(7) failure to obtain or maintain a current license or certificate or other authorization required to practice a trade, conduct a business or practice a profession.
(b) Unless the appointing authority determines that the good of the service will best be served by proceeding directly to the procedure prescribed in K.S.A. 75-2949 and amendments thereto, the appointing authority may propose dismissal, demotion or suspension of a permanent employee for deficiencies in work performance only after the employee has received two performance evaluations in the 180 calendar days immediately preceding the effective date of the proposed dismissal, demotion or suspension. These performance evaluations shall be spaced at least 30 calendar days apart.
(c) If the appointing authority proposes to dismiss, demote or suspend a permanent employee for deficiencies in work performance without the two evaluations described by subsection (b) and if the employee appeals the action to the state civil service board, the board shall require the appointing authority to show that the employee was adequately counseled concerning the nature of the deficiencies in work performance and concerning what was expected of the employee in correcting the deficiencies.
(d) The provisions of subsections (b) and (c) shall not apply to demotions, suspensions or dismissals for the reasons described in subsection (a)(7).
History: L. 1981, ch. 334, § 4; L. 1985, ch. 277, § 2; May 16.
Grounds for dismissal, demotion or suspension of a permanent employee for personal conduct detrimental to the state service include, but are not limited to, the following:
(a) Gross misconduct or conduct grossly unbecoming a state officer or employee;
(b) conviction of a criminal act;
(c) immoral conduct;
(d) willful abuse or misappropriation of state funds, materials, property or equipment;
(e) making a false statement of material fact in the employee's application for employment or position description;
(f) participation in any action that would in any way seriously disrupt or disturb the normal operation of the agency, institution, department or any other segment of state government;
(g) trespassing on the property of any state official or employee for the purpose of harassing or forcing dialogue or discussion from the occupants or owners of such property;
(h) willful damage to or destruction of state property;
(i) willful endangerment of the lives or property of others, or both;
(j) possession of unauthorized firearms or other lethal weapons while on the job;
(k) performing duties in a brutal manner, or mistreating, neglecting or abusing a patient or resident or other person in the employee's care;
(l) refusal to accept a reasonable and proper assignment from an authorized supervisor (insubordination);
(m) being under the influence of alcohol or drugs while on the job;
(n) knowingly releasing confidential information from official records;
(o) use of the employee's state position, use of the employee's time on the state job or use of state property or facilities by the employee in connection with a political campaign;
(p) exhibiting other personal conduct detrimental to state service which could cause undue disruption of work or endanger the safety of persons or property of others, as may be determined by the appointing authority;
(q) gross carelessness or gross negligence;
(r) grossly improper use of state property; and
(s) sexual harassment arising out of or in connection with employment.
History: L. 1981, ch. 334, § 5; L. 1985, ch. 276, § 7; July 1.
The head of each state agency or a person designated by the head of each state agency shall report to the division of personnel services all actions affecting the employment and compensation status of all officers and employees of such agency in such manner as may be prescribed by the director of personnel services and rules and regulations adopted as provided in K.S.A. 75-3706.
History: L. 1941, ch. 358, § 26; L. 1972, ch. 332, § 66; L. 1978, ch. 345, § 10; July 1.
History: L. 1941, ch. 358, § 27; L. 1953, ch. 375, § 53; L. 1978, ch. 345, § 11; Repealed, L. 1985, ch. 276, § 11; July 1.
All officers and employees of this state shall conform to, comply with, and aid in all proper ways in carrying into effect the provisions of this act and the rules prescribed thereunder.
History: L. 1941, ch. 358, § 28; June 1.
(a) No officer, agent, clerk or employee of this state shall directly or indirectly use their authority or official influence to compel any officer or employee in the unclassified and the classified services to apply for membership in or become a member of any organization, or to pay or promise to pay any assessment, subscription or contribution, or to take part in any political activity. Any person who violates any provisions of this section shall be guilty of a class C misdemeanor, and, upon conviction, shall be punished accordingly. If any officer or employee in the classified service is found guilty of violating any provision of this section, such officer or employee shall be automatically separated from the service.
(b) Any officer or employee in the state classified service shall resign from the service prior to taking the oath of office for a state elective office.
History: L. 1941, ch. 358, § 29; L. 1969, ch. 401, § 1; L. 1975, ch. 439, § 1; L. 1978, ch. 346, § 1; L. 1984, ch. 315, § 1; L. 1986, ch. 319, § 1; L. 1991, ch. 150, § 41; L. 1996, ch. 197, § 1; May 16.
The officers having control of public buildings in political subdivisions of the state and school districts shall, upon request of the director, furnish convenient space for examinations and necessary furniture, heat, and light for accommodation of the local examiners and for the holding of examinations. The director may request state or local officers or employees to aid in carrying out the provisions of this act, and it shall be the duty of such officers and employees, insofar as it may be consistent with their other duties, to give such aid upon written request of the director.
History: L. 1941, ch. 358, § 30; June 1.
(a) In establishing certified pools of eligible candidates under this act, veterans' preference shall be given to:
(1) Any person who entered the armed services before October 15, 1976, and separated from the armed services under honorable conditions, if such person served: (A) On active duty during any war (the official dates for war service are April 6, 1917 through July 2, 1921, and December 7, 1941 through April 28, 1952); (B) during the period April 28, 1952 through July 1, 1955; (C) in any campaign or expedition for which a campaign badge or service medal has been authorized; or (D) for more than 180 consecutive days since January 31, 1955, excluding an initial period of active duty for training under the "six-month" reserve or national guard program;
(2) any person who entered the armed services on or after October 15, 1976, and separated from the armed services under honorable conditions, if such person was awarded a service medal or campaign badge;
(3) any person who separated from the armed services under honorable conditions and has a disability certified by the United States department of veterans affairs as being service connected, has been issued the purple heart by the United States government or has been released from active service with a service-connected disability; and
(4) any person who has voluntarily retired with 20 or more years of active service.
(b) To qualify for the veterans' preference, a person described in subsection (a) also shall meet the requirements of the vacant position. However, under no circumstances shall veterans be accorded any less preference than existed prior to July 1, 1995. The secretary of administration shall adopt rules and regulations necessary to implement the provisions of this section.
History: L. 1941, ch. 358, § 31; L. 1945, ch. 301, § 10; L. 1951, ch. 429, § 9; L. 1957, ch. 446, § 1; L. 1959, ch. 335, § 2; L. 1969, ch. 400, § 2; L. 1978, ch. 332, § 25; L. 1988, ch. 339, § 1; L. 1993, ch. 72, § 1; L. 1995, ch. 213, § 13; December 17.
History: L. 1941, ch. 358, § 32; Repealed, L. 1953, ch. 375, § 95; July 1.
The secretary of administration is authorized and empowered to enter into reciprocal agreements, upon such terms as may be agreed upon, for the use of equipment, materials, facilities, and services with any public agency or body for purposes deemed of benefit to the public personnel system.
The director of personnel services, acting in behalf of the secretary of administration, may cooperate with other governmental agencies charged with public personnel administration in conducting areawide wage and salary surveys, recruiting and examining efforts, using common eligible lists, providing cooperative training efforts and interchanging personnel.
History: L. 1978, ch. 332, § 26; July 1.
History: L. 1978, ch. 332, § 27; L. 1981, ch. 336, § 1; Repealed, L. 1986, ch. 320, § 6; July 1.
Any person who willfully violates any provisions of this act or of the rules shall be guilty of a misdemeanor, and shall upon conviction be punished by a fine of not to exceed five hundred dollars, or by imprisonment for a term not exceeding six months, or by both such fine and such imprisonment.
History: L. 1941, ch. 358, § 33; June 1.
Any person who is convicted of a misdemeanor under this act shall, for a period of five years, be ineligible for appointment to or employment in a position in the state service, and if he or she is an officer or employee of the state, shall forfeit office or position.
History: L. 1941, ch. 358, § 34; June 1.
If any provision of this act, or the application thereof, to any person or circumstance, is held invalid, the remainder of this act and the application of such provision to other persons or circumstances shall not be affected thereby, and the decision of the court respecting such provision or provisions shall not affect the validity of any other provision, which can be given effect without such invalid provisions. It is hereby declared to be the legislative intent that this act would have been enacted by the legislature had such invalid provisions not been included herein.
History: L. 1941, ch. 358, § 35; June 1.
Adequate appropriations shall be made to carry out the purpose and provisions of this act.
History: L. 1941, ch. 358, § 36; June 1.
K.S.A. 75-2925, 75-2926, 75-2929a to 75-2929h, inclusive, 75-2935 to 75-2935c, inclusive, 75-2938 to 75-2949, inclusive, 75-2949d to 75-2950, inclusive, 75-2952 to 75-2955, inclusive, and 75-2956a to 75-2961a, inclusive, 75-2971, 75-2972 and 75-2973, and acts amendatory thereof, shall be known and may be cited as the Kansas civil service act.
History: L. 1941, ch. 358, § 37; L. 1978, ch. 332, § 28; L. 1985, ch. 276, § 8; July 1.
In connection with any position in the classified or unclassified service of the Kansas civil service act, any state agency may furnish housing, food service and other employee maintenance or any one or combination thereof. Whenever a state employee is to receive housing, food service or other employee maintenance furnished by any state agency, the terms upon which the same is to be furnished shall be approved by the state finance council. In accordance with rules and regulations adopted under this section, the state finance council may approve the furnishing of housing, food service and other employee maintenance or any one or combination thereof by a state agency with full, partial or no adjustment to wage or salary of the position involved. Housing, food service and other employee maintenance shall not be provided at rates greater than cost. Whenever housing, food service or other employee maintenance is furnished by any state agency, the documents authorizing the same shall specify the types of employee maintenance to be provided and the dollar value thereof that is to be regarded as compensation, and the balance of value in each case shall be regarded as the expense of the state benefit from the arrangement. The secretary of administration shall adopt rules and regulations as provided in K.S.A. 75-3706 for determination of cost, for the manner of determining and reporting the value of such approved housing, food service, or other employee maintenance to comply with the provisions contained in K.S.A. 40-2301 et seq., K.S.A. 74-4901 et seq., federal revenue act as defined by K.S.A. 75-3038, Kansas income tax act and the employment security law and acts amendatory of the foregoing or supplemental thereto and for the administration of this act.
History: L. 1973, ch. 349, § 1; July 1.
History: L. 1963, ch. 433, §§ 1 to 4; Repealed, L. 1978, ch. 332, § 57; July 1.
History: L. 1963, ch. 433, § 5; L. 1972, ch. 332, § 93; L. 1978, ch. 345, § 12; Repealed, L. 1980, ch. 265, § 1; July 1.
History: L. 1963, ch. 433, §§ 6, 7; Repealed, L. 1978, ch. 332, § 57; July 1.
History: L. 1963, ch. 433, § 8; Repealed, L. 1980, ch. 265, § 1; July 1.
History: L. 1979, ch. 285, § 3; Repealed, L. 1980, ch. 266, § 7; April 19.
(a) To facilitate the operation of trainee or training programs, the secretary of administration may adopt rules and regulations pursuant to K.S.A. 75-3706 concerning certifications, appointments, salaries, promotions, layoffs, terminations, appeals and other personnel processes for trainee or training positions, which may be different from the rules and regulations concerning these processes for other positions in the classified service.
(b) This section shall be part of and supplemental to the Kansas civil service act.
History: L. 1981, ch. 335, § 1; July 1.
(a) When a position in the unclassified service is brought into the classified service, or when a position that is not in the state service is brought into the classified service, and if this is not accomplished by a law or by action of the governor making the following determinations, the director of personnel services shall determine: (1) Whether an incumbent in the position shall be brought into the classified service with or without competition, (2) whether an examination shall be required, (3) whether the incumbent shall be given probationary, permanent or other status, and (4) the salary to be paid the incumbent person in the position being placed in the classified service.
(b) When a position that is filled and that is not in the state service is brought into the state service, the appointing authority shall determine, subject to the approval of the director of personnel services, whether any of the incumbent's employment before the position was brought into the state service shall be counted as employment with the state for any purpose where length of service is a factor in determining eligibility for salary increases or benefits provided under the Kansas civil service act or the rules and regulations adopted pursuant thereto.
(c) Individuals who are declared eligible for, and who are receiving, state employment or training as participants under the federal comprehensive employment and training act of 1973, and amendments thereto, shall be in the unclassified service.
(d) This section shall be part of and supplemental to the Kansas civil service act.
History: L. 1981, ch. 335, § 2; July 1.
(a) This section shall be known and may be cited as the Kansas whistleblower act.
(b) As used in this section:
(1) "Auditing agency" means the (A) legislative post auditor, (B) any employee of the division of post audit, (C) any firm performing audit services pursuant to a contract with the post auditor, (D) any state agency or federal agency or authority performing auditing or other oversight activities under authority of any provision of law authorizing such activities, or (E) the inspector general created under K.S.A. 75-7427, and amendments thereto.
(2) "Disciplinary action" means any dismissal, demotion, transfer, reassignment, suspension, reprimand, warning of possible dismissal or withholding of work.
(3) "State agency" and "firm" have the meanings provided by K.S.A. 46-1112, and amendments thereto.
(c) No supervisor or appointing authority of any state agency shall prohibit any employee of the state agency from discussing the operations of the state agency or other matters of public concern, including matters relating to the public health, safety and welfare either specifically or generally, with any member of the legislature or any auditing agency.
(d) No supervisor or appointing authority of any state agency shall:
(1) Prohibit any employee of the state agency from reporting any violation of state or federal law or rules and regulations to any person, agency or organization; or
(2) require any such employee to give notice to the supervisor or appointing authority prior to making any such report.
(e) This section shall not be construed as:
(1) Prohibiting a supervisor or appointing authority from requiring that an employee inform the supervisor or appointing authority as to legislative or auditing agency requests for information to the state agency or the substance of testimony made, or to be made, by the employee to legislators or the auditing agency, as the case may be, on behalf of the state agency;
(2) permitting an employee to leave the employee's assigned work areas during normal work hours without following applicable rules and regulations and policies pertaining to leaves, unless the employee is requested by a legislator or legislative committee to appear before a legislative committee or by an auditing agency to appear at a meeting with officials of the auditing agency;
(3) authorizing an employee to represent the employee's personal opinions as the opinions of a state agency; or
(4) prohibiting disciplinary action of an employee who discloses information which: (A) The employee knows to be false or which the employee discloses with reckless disregard for its truth or falsity, (B) the employee knows to be exempt from required disclosure under the open records act, or (C) is confidential or privileged under statute or court rule.
(f) Any officer or employee of a state agency who is in the classified service and has permanent status under the Kansas civil service act may appeal to the state civil service board whenever the officer or employee alleges that disciplinary action was taken against the officer or employee in violation of this act. The appeal shall be filed within 90 days after the alleged disciplinary action. Procedures governing the appeal shall be in accordance with subsections (f) and (g) of K.S.A. 75-2949, and amendments thereto, and K.S.A. 75-2929d through 75-2929g, and amendments thereto. If the board finds that disciplinary action taken was unreasonable, the board shall modify or reverse the agency's action and order such relief for the employee as the board considers appropriate. If the board finds a violation of this act, it may require as a penalty that the violator be suspended on leave without pay for not more than 30 days or, in cases of willful or repeated violations, may require that the violator forfeit the violator's position as a state officer or employee and disqualify the violator for appointment to or employment as a state officer or employee for a period of not more than two years. The board may award the prevailing party all or a portion of the costs of the proceedings before the board, including reasonable attorney fees and witness fees. The decision of the board pursuant to this subsection may be appealed by any party pursuant to law. On appeal, the court may award the prevailing party all or a portion of the costs of the appeal, including reasonable attorney fees and witness fees.
(g) Each state agency shall prominently post a copy of this act in locations where it can reasonably be expected to come to the attention of all employees of the state agency.
(h) Any officer or employee who is in the unclassified service under the Kansas civil service act who alleges that disciplinary action has been taken against such officer or employee in violation of this section may bring an action pursuant to the Kansas judicial review act within 90 days after the occurrence of the alleged violation. The court may award the prevailing party in the action all or a portion of the costs of the action, including reasonable attorney fees and witness fees.
(i) Nothing in this section shall be construed to authorize disclosure of any information or communication that is confidential or privileged under statute or court rule.
History: L. 1984, ch. 306, § 1; L. 1990, ch. 306, § 23; L. 1998, ch. 57, § 1; L. 2007, ch. 177, § 17; L. 2010, ch. 17, § 198; July 1.
(a) No supervising official shall solicit any contribution to or on behalf of any state officer or candidate for state office from any state employee under the supervision of such supervising official.
(b) The director of the division of personnel services is prohibited from giving any list of names and residence addresses of state employees to any person knowing that such list will be used for the purpose of soliciting contributions from, or mailing political campaign literature or advertising to, such state employees.
(c) No state employee who lawfully, willingly and voluntarily makes a contribution to or on behalf of any state officer or candidate for state office shall be dismissed, demoted, suspended or subjected to any other disciplinary action because of the making of such contribution.
(d) Violations of this section shall be enforced by the attorney general or a county or district attorney in the county in which the violation took place. Violations of this section shall be punishable by a civil penalty of up to $2,500 per violation.
(e) As used in this section:
(1) "State employee" means any person holding a position in the classified service under the Kansas civil service act; and
(2) "contribution" has the meaning ascribed thereto in the campaign finance act.
History: L. 1988, ch. 331, § 4; July 1.
When the state requires as a qualification for employment or promotion to any state office or employment, that the person seeking such office or employment or promotion have a certain academic degree, it shall be sufficient if such person has such an academic degree from an institution that is located in a state that recognizes such institution as being authorized to confer academic degrees and as being either approved or accredited. To comply with this act an applicant is required to present to the state agency the applicant's academic transcript that shows the school seal, the registrar's signature, the degree was conferred and the date and the title of the degree. This act shall apply to classified and unclassified employees of the executive branch of state government, except the unclassified employees of the state board of regents institutions.
History: L. 1994, ch. 170, § 1; July 1.
The political year of the state of Kansas shall begin on the second Monday of January in each year; and the terms of office of all state officers, except where otherwise specially provided, shall commence with the political year next after their election.
History: L. 1879, ch. 166, § 124; March 20; R.S. 1923, 75-3001.
The fiscal year in this state shall commence on the first day of July in each year, and close on the thirtieth day of June next succeeding.
History: L. 1879, ch. 166, § 125; March 20; R.S. 1923, 75-3002.
Revisor's Note: Section transferred to 75-440.
Revisor's Note: Later act, see 75-3046.
History: R.S. 1923, 75-3004; Repealed, L. 1943, ch. 269, § 28; July 30.
History: L. 1925, ch. 260, § 1; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1925, ch. 260, § 2; L. 1951, ch. 452, § 1; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1925, ch. 260, §§ 3, 4; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1917, ch. 312, § 5; R.S. 1923, 75-3009; Repealed, L. 1925, ch. 260, § 21; July 1.
Revisor's Note: Later act, see 75-3718, 75-3735.
History: L. 1925, ch. 260, §§ 5 to 10; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1917, ch. 312, § 11; R.S. 1923, 75-3015; Repealed, L. 1925, ch. 260, § 21; July 1.
History: L. 1925, ch. 260, § 11; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1917, ch. 312, § 12; R.S. 1923, 75-3016; Repealed, L. 1925, ch. 260, § 21; July 1.
History: L. 1925, ch. 260, § 12; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1925, ch. 260, §§ 18 to 20; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1879, ch. 166, § 128; R.S. 1923, 75-3020; Repealed, L. 1967, ch. 434, § 69; July 1.
History: L. 1879, ch. 166, § 129; R.S. 1923, 75-3021; Repealed, L. 1953, ch. 375, § 95; July 1.
Revisor's Note: Later act, see 75-3739.
History: L. 1923, ch. 221, § 1; R.S. 1923, 75-3022; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1879, ch. 166, § 130; R.S. 1923, 75-3023; Repealed, L. 1943, ch. 270, § 3; February 16.
Where an appropriation shall be made as a contingent fund for any office or officer, or any other purpose, to be expended for the state, the officer or person having charge of such fund shall keep an account therewith showing when, to whom, and for what purpose any portion of said fund has been expended; and if any officer or person shall take or present any voucher for a greater sum of money than was actually paid or expended for the purpose stated or indicated in or by such voucher, he or she shall be deemed guilty of embezzlement of the amount so falsely included in such voucher in excess of the sum actually paid or expended.
History: L. 1879, ch. 166, § 131; March 20; R.S. 1923, 75-3024.
Any officer or agent of the state who shall be empowered to expend any public moneys, or to direct such expenditures, is hereby prohibited from making any contract for the erection or repair of any building, or for any other purpose, whereby the expenditure of any greater sum of money shall be contemplated, agreed to, or required, than is expressly authorized by law; and any officer or agent of the state violating this law shall be deemed guilty of embezzlement of the amount in excess of that expressly authorized by law, and upon conviction shall be punished by confinement and hard labor not exceeding five years, or in the county jail not less than six months.
History: L. 1886, ch. 103, § 1; February 27; R.S. 1923, 75-3025.
Whenever an appropriation shall be made by the state for any purpose, to be expended by the state, the officer or person having charge of such fund shall keep an account thereof, showing when, to whom and for what purpose any portion of said fund has been expended; and if any officer, agent, trustee, director or any other person shall grant, allow, audit, take or present any voucher for a greater sum of money than was actually appropriated, paid or expended for the purpose stated or indicated in said appropriation, he or she shall be deemed guilty of embezzlement, and shall be punished by confinement and hard labor not exceeding five years, or in the county jail not less than six months.
History: L. 1886, ch. 103, § 2; February 27; R.S. 1923, 75-3026.
The reports of state officers, boards and commissions made to the governor, when required to be printed, shall be placed in the hands of the director of printing, who shall proceed to print, stitch and cover them as required by law as speedily as possible.
History: R.S. 1923, 75-3027; December 27.
(a) Every official letter, form or other official written communication issued by a state agency to a citizen of this state shall bear on the face of such document the name of the state agency and the address and phone number of its principal office.
(b) 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.
(c) As used in this section, "official written communication" means communications addressed to specific citizens of this state which contain information particular to them. "Official written communication" shall not include general informational notices, brochures, envelope stuffers, or forms which are intended to inform citizens, or written communications which are printed and generated from a central location but upon which the inclusion of a centralized address would serve to mislead, misdirect or otherwise delay receipt of information or services. If a centralized address is not used, a local office address and phone number shall be used.
History: L. 1985, ch. 264, § 1; L. 1990, ch. 307, § 1; July 1.
History: R.S. 1923, 75-3028; Repealed, L. 1943, ch. 269, § 28; June 30.
History: R.S. 1923, 75-3029; Repealed, L. 1970, ch. 355, § 1; July 1.
History: L. 1919, ch. 288, § 1; R.S. 1923, 75-3030; Repealed, L. 1967, ch. 447, § 31; June 1.
History: L. 1919, ch. 288, § 2; R.S. 1923, 75-3031; L. 1929, ch. 262, § 1; L. 1937, ch. 333, § 1; Repealed, L. 1967, ch. 447, § 31; June 1.
History: R.S. 1923, 75-3032; Repealed, L. 1967, ch. 447, § 31; June 1.
Revisor's Note: Section transferred to 73-1801.
History: R.S. 1923, 75-3034; Repealed, L. 1951, ch. 445, § 1; June 30.
History: R.S. 1923, 75-3035; Repealed, L. 1951, ch. 445, § 1; June 30.
(a) The state general fund is exclusively defined as the fund into which shall be placed all public moneys and revenue coming into the state treasury not specifically authorized by the constitution or by statute to be placed in a separate fund, and not given or paid over to the state treasurer in trust for a particular purpose, which unallocated public moneys and revenue shall constitute the general fund of the state. Moneys received or to be used under constitutional or statutory provisions or under the terms of a gift or payment for a particular and specific purpose are to be kept as separate funds and shall not be placed in the general fund or ever become a part of it.
(b) The following funds shall be used for the purposes set forth in the statutes concerning such funds and for no other governmental purposes. It is the intent of the legislature that the following funds and the moneys deposited in such funds shall remain intact and inviolate for the purposes set forth in the statutes concerning such funds: Board of accountancy fee fund, K.S.A. 1-204 and 75-1119b, and amendments thereto, and special litigation reserve fund of the board of accountancy; bank commissioner fee fund, K.S.A. 9-1703, 16a-2-302 and 75-1308, and amendments thereto, bank investigation fund, K.S.A. 9-1111b, and amendments thereto, consumer education settlement fund and litigation expense fund of the state bank commissioner; securities act fee fund and investor education and protection fund, K.S.A. 17-12a601, and amendments thereto, of the office of the securities commissioner of Kansas; credit union fee fund, K.S.A. 17-2236, and amendments thereto, of the state department of credit unions; court reporters fee fund, K.S.A. 20-1a02, and amendments thereto, and bar admission fee fund, K.S.A. 20-1a03, and amendments thereto, of the judicial branch; fire marshal fee fund, K.S.A. 31-133a and 31-134, and amendments thereto, and boiler inspection fee fund, K.S.A. 44-926, and amendments thereto, of the state fire marshal; food service inspection reimbursement fund, K.S.A. 36-512, and amendments thereto, of the Kansas department of agriculture; wage claims assignment fee fund, K.S.A. 44-324, and amendments thereto, and workmen's compensation fee fund, K.S.A. 74-715, and amendments thereto, of the department of labor; veterinary examiners fee fund, K.S.A. 47-820, and amendments thereto, of the state board of veterinary examiners; mined-land reclamation fund, K.S.A. 49-420, and amendments thereto, of the department of health and environment; conservation fee fund and abandoned oil and gas well fund, K.S.A. 55-155, 55-176, 55-192, 55-609, 55-711 and 55-901, and amendments thereto, gas pipeline inspection fee fund, K.S.A. 66-1,155, and amendments thereto, and public service regulation fund, K.S.A. 66-1503, and amendments thereto, of the state corporation commission; land survey fee fund, K.S.A. 58-2011, and amendments thereto, of the state historical society; real estate recovery revolving fund, K.S.A. 58-3074, and amendments thereto, of the Kansas real estate commission; appraiser fee fund, K.S.A. 58-4107, and amendments thereto, and appraisal management companies fee fund of the real estate appraisal board; amygdalin (laetrile) enforcement fee fund, K.S.A. 65-6b10, and amendments thereto; mortuary arts fee fund, K.S.A. 65-1718, and amendments thereto, of the state board of mortuary arts; board of barbering fee fund, K.S.A. 65-1817a, and amendments thereto, of the Kansas board of barbering; cosmetology fee fund, K.S.A. 65-1951 and 74-2704, and amendments thereto, of the Kansas state board of cosmetology; healing arts fee fund, K.S.A. 65-2011, 65-2855, 65-2911, 65-5413, 65-5513, 65-6910, 65-7210 and 65-7309, and amendments thereto, and medical records maintenance trust fund, of the state board of healing arts; other state fees fund, K.S.A. 65-4024b, and amendments thereto, of the Kansas department for aging and disability services; board of nursing fee fund, K.S.A. 74-1108, and amendments thereto, of the board of nursing; dental board fee fund, K.S.A. 74-1405, and amendments thereto, and special litigation reserve fund, of the Kansas dental board; optometry fee fund, K.S.A. 74-1503, and amendments thereto, and optometry litigation fund, of the board of examiners in optometry; state board of pharmacy fee fund, K.S.A. 74-1609, and amendments thereto, and state board of pharmacy litigation fund, of the state board of pharmacy; abstracters' fee fund, K.S.A. 74-3903, and amendments thereto, of the abstracters' board of examiners; athletic fee fund, K.S.A. 74-50,188, and amendments thereto, of the department of commerce; hearing instrument board fee fund, K.S.A. 74-5805, and amendments thereto, and hearing instrument litigation fund of the Kansas board of examiners in fitting and dispensing of hearing instruments; commission on disability concerns fee fund, K.S.A. 74-6708, and amendments thereto, of the governor's department; technical professions fee fund, K.S.A. 74-7009, and amendments thereto, and special litigation reserve fund of the state board of technical professions; behavioral sciences regulatory board fee fund, K.S.A. 74-7506, and amendments thereto, of the behavioral sciences regulatory board; Kansas public disclosure commission fee fund, K.S.A. 25-4119e, and amendments thereto, of the Kansas public disclosure commission; emergency medical services board operating fund, K.S.A. 75-1514, and amendments thereto, of the emergency medical services board; fire service training program fund, K.S.A. 75-1514, and amendments thereto, of the university of Kansas; uniform commercial code fee fund, K.S.A. 75-448, and amendments thereto, of the secretary of state; prairie spirit rails-to-trails fee fund of the Kansas department of wildlife, parks and tourism; water marketing fund, K.S.A. 82a-1315c, and amendments thereto, of the Kansas water office; insurance department service regulation fund, K.S.A. 40-112, and amendments thereto, of the insurance department; state fair special cash fund, K.S.A. 2-220, and amendments thereto, of the state fair board; scrap metal theft reduction fee fund, K.S.A. 50-6,109a, and amendments thereto; and any other fund in which fees are deposited for licensing, regulating or certifying a person, profession, commodity or product.
(c) If moneys received pursuant to statutory provisions for a specific purpose by a fee agency are proposed to be transferred to the state general fund or a special revenue fund to be expended for general government services and purposes in the governor's budget report submitted pursuant to K.S.A. 75-3721, and amendments thereto, or any introduced house or senate bill, the person or business entity who paid such moneys within the preceding 24-month period shall be notified by the fee agency within 30 days of such submission or introduction:
(1) By electronic means, if the fee agency has an electronic address on record for such person or business entity. If no such electronic address is available, the fee agency shall send written notice by first class mail; or
(2) any agency that receives fees from a tax, fee, charge or levy paid to the commissioner of insurance shall post the notification required by this subsection on such agency's website.
(d) Any such moneys that are wrongfully or by mistake placed in the general fund shall constitute a proper charge against such general fund. All legislative appropriations which do not designate a specific fund from which they are to be paid shall be considered to be proper charges against the general fund of the state. All revenues received by the state of Kansas or any department, board, commission, or institution of the state of Kansas, and required to be paid into the state treasury shall be placed in and become a part of the state general fund, except as otherwise provided by law.
(e) The provisions of this section shall not apply to the 10% credited to the state general fund to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services, and any and all other state governmental services, as provided in K.S.A. 75-3170a, and amendments thereto.
(f) Beginning on January 8, 2018, the director of the budget shall prepare a report listing the unencumbered balance of each fund in subsection (b) on June 30 of the previous fiscal year and January 1 of the current fiscal year. Such report shall be delivered to the secretary of the senate and the chief clerk of the house of representatives on or before the first day of the regular legislative session each year.
(g) As used in this section, "fee agency" shall include the state agencies specified in K.S.A. 75-3717(f), and amendments thereto, and any other state agency that collects fees for licensing, regulating or certifying a person, profession, commodity or product.
History: L. 1937, ch. 341, § 1; L. 2017, ch. 79, § 5; L. 2018, ch. 75, § 24; L. 2021, ch. 28, § 9; L. 2025, ch. 65, § 24; July 1.
No moneys appropriated from the general fund for any correctional institution, as defined in K.S.A. 75-5202(d), and amendments thereto, any institution, as defined in K.S.A. 76-12a01(b), and amendments thereto, the Kansas soldiers' home, the Kansas veterans' home, the Kansas state school for the visually handicapped, or the Kansas state school for the deaf, shall be used for the purchase of identifiable imported meats.
History: L. 1978, ch. 289, § 2; L. 1997, ch. 118, § 14; January 1, 1998.
History: L. 1937, ch. 341, § 2; Repealed, L. 1967, ch. 447, § 31; June 1.
History: L. 1943, ch. 167, §§ 1 to 3; Repealed, L. 1999, ch. 126, § 14; July 1.
History: L. 1943, ch. 167, § 4; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1943, ch. 167, § 5; Repealed, L. 1999, ch. 126, § 14; July 1.
History: L. 1943, ch. 270, § 1; Repealed, L. 1953, ch. 375, § 95; July 1.
Except as otherwise specifically provided by statute or rule and regulation, prior to the state of Kansas or any agency thereof purchasing or disposing of any real property, by deed, mortgage, gift or other means of conveyance, transfer or exchange, such property shall be appraised by one disinterested appraiser, to be appointed by the director of property valuation, to determine the market-value appraisal of such property. Nothing in this section shall be construed as establishing or limiting the consideration for the acquisition or disposition of any such property. If the value of the real property is over $200,000 as determined by the county assessment value of such property, the director of property valuation may appoint three disinterested appraisers to determine the market-value appraisal of such real property. Any appraiser selected pursuant to this section shall receive reasonable fees or compensation from legislative appropriations made available therefor.
History: L. 1974, ch. 363, § 1; L. 2012, ch. 103, § 2; L. 2018, ch. 79, § 10; May 17.
As used in this act unless the context requires otherwise, "state agency" means any state office or officer, department, board, commission, institution, bureau, society or any agency, division or unit within any state office, department, board, commission or other state authority.
History: L. 1943, ch. 269, § 1; June 30.
History: L. 1943, ch. 269, § 2; Repealed, L. 1982, ch. 350, § 4; April 29.
Each state agency shall prepare a report concerning the state agency which shall include a description of the program of each agency, information of historical importance and other pertinent information and material. Copies of this report shall be available at the principal office of the agency. This report shall be made available to the public upon request at the cost of printing the report, and the amount received therefrom shall be placed in the state treasury and credited to the fee fund of such agency, if it has a fee fund, and if not, to the general fund of the state.
History: L. 1943, ch. 269, § 3; L. 1959, ch. 336, § 1; L. 1982, ch. 350, § 1; April 29.
History: L. 1943, ch. 269, § 4; Repealed, L. 1959, ch. 336, § 3; June 30.
(a) Each state agency may have printed such reports, pamphlets, books and material as pertain to its activity and which are within the terms of a specific legislative authorization or appropriation, except that a state agency which makes such reports, pamphlets, books or material available to the public on the internet for a period of at least 12 months following the publication of such material is not required to print copies of such reports, pamphlets, books or material so long as the state agency retains an electronic copy of such report, pamphlet, book or material in the archives of the agency for historical purposes. If a state agency is required by law to provide a report, pamphlet, book or other material to another state agency or state official and the state agency makes such report, pamphlet, book or other material available to the public on the internet for a period of at least 12 months following the publication of such material, in lieu of providing such report, pamphlet, book or other material the state agency shall notify such other state agency or state official that the report, pamphlet, book or other material is available on the internet or by electronic mail. A state agency may provide any such report, pamphlet, book or other material by submitting printed copies or copies on CD-ROM.
(b) Notwithstanding what the provisions of subsection (a) may provide or the provisions of any other statute, each state agency which produces a report, pamphlet, book or material available to the public on the internet shall notify and provide a printed copy to the Kansas state library and the state historical society.
(c) If copies are printed by the state agency, or the copies are on CD-ROM at least one shall be a printed copy of each publication and it shall be delivered to the governor, state librarian and the secretary of the state historical society. Printed copies or copies on CD-ROM of such publication shall be submitted to the legislature or the members thereof in accordance with K.S.A. 46-1212c, and amendments thereto. Printed copies or copies on CD-ROM of such publication shall be sold at approximately the cost of printing the same and the amount received therefrom shall be placed in the state treasury and credited to the fee fund of such agency, if it has a fee fund, and if not, to the general fund of the state except that research, industrial, agricultural and educational matter of general concern to the people of Kansas may be distributed without charge.
History: L. 1943, ch. 269, § 5; L. 1959, ch. 336, § 2; L. 1982, ch. 350, § 2; L. 2002, ch. 151, § 11; July 1.
As used in this act "publication" means any report or document which is intended to be made available to the public and which is originated by a state agency.
History: L. 1972, ch. 316, § 1; July 1.
The central duplicating service of the department of administration shall make two additional copies of each publication that it reproduces in more than fifty (50) copies and shall deliver such additional copies to the state library for its use, except that no such additional copies shall be so made or delivered in the event that they are of a confidential class of material or if central duplicating is advised that they are of a confidential nature.
History: L. 1972, ch. 316, § 2; July 1.
Every state agency that prints or otherwise reproduces more than fifty (50) copies of any publication, except through the director of printing or the central duplicating service, shall make two additional copies of each publication it reproduces and shall deliver such additional copies to the state library for its use, unless the same are confidential.
History: L. 1972, ch. 316, § 3; July 1.
As used in this act "state agency" means any state office or officer, department, board, commission, institution, authority, or any agency, division or unit within any office, department, board, commission or other state authority or any person employed by any such agency.
History: L. 1967, ch. 462, § 1; July 1.
Whenever a state agency makes application or enters into a contract or agreement or submits state plans for participation in or for grants of federal or other nonstate funds, the state agency making application or entering into an agreement shall give notice thereof to the director of the budget and the director of legislative research in the manner and form prescribed by the director of the budget. The state agency shall provide the director of the budget and the director of legislative research with a copy of any such application or any agreement entered into when requested by the director of the budget or the director of legislative research.
History: L. 1967, ch. 462, § 2; L. 1982, ch. 351, § 1; July 1.
If any application or agreement provided to the director of the budget or the director of legislative research in accordance with K.S.A. 75-3050 and amendments thereto, is amended, the state agency shall notify the director of the budget and the director of legislative research of such action in the manner and form prescribed by the director of the budget. The state agency shall provide the director of the budget and the director of legislative research a copy of the amendments to the application or agreement when requested by the director of the budget or the director of legislative research.
History: L. 1967, ch. 462, § 3; L. 1982, ch. 351, § 2; July 1.
Any state agency, as defined in K.S.A. 75-3701, may apply to the director of accounts and reports for authority to open and maintain one or more petty cash funds in an amount not to exceed a cash balance of five hundred dollars ($500) at any one time. Upon receiving any such application the director of accounts and reports may authorize a petty cash fund to be opened and maintained in the state agency under such conditions as are specified by the director of accounts and reports not in conflict with this act. Whenever a petty cash fund is authorized hereunder, upon appropriate voucher from the state agency, the director of accounts and reports shall issue his or her warrant in the amount authorized as the maximum balance of such petty cash fund.
History: L. 1970, ch. 356, § 1; July 1.
Petty cash funds authorized under this act may be used to provide for payment of any authorized expenditure of not more than $100. No petty cash fund may be used to pay regular employees or current accounts which are payable monthly. No money shall be advanced from any petty cash fund except in accordance with written instructions issued by the director of accounts and reports.
History: L. 1970, ch. 356, § 2; L. 1981, ch. 337, § 1; July 1.
At the close of each month, or more frequently if necessary, the state agency shall prepare an itemized and detailed reconciliation and statement of payments for each petty cash fund authorized for the state agency under this act. The detailed statement of payments shall be supported by itemized receipts for each expenditure and submitted with a voucher to the director of accounts and reports for the purpose of replenishing the petty cash fund to its original amount. Upon receiving the statement and voucher, the director of accounts and reports shall draw a warrant against the fund from which payments would have been paid if the same had not been paid from the petty cash fund.
History: L. 1970, ch. 356, § 3; L. 2004, ch. 31, § 1; July 1.
Petty cash funds authorized under this act may be maintained in cash and shall not be required to be maintained in a bank. The director of accounts and reports may authorize as many petty cash funds in any state agency as the director deems appropriate upon application therefor. The director of accounts and reports, from time to time, may issue instructions relating to the operation of petty cash funds and accounting for expenditures therefrom. The director of accounts and reports may authorize a reconciling entry of not to exceed $200 in any reconciliation statement for a petty cash fund and, in cases of extraordinary losses resulting from robbery, burglary or other disappearances infrequently occurring, a petty cash fund may be reimbursed by the state agency from any appropriations available therefor, but such reimbursements shall not exceed a total amount of $2,000 in any fiscal year. The director of accounts and reports may withdraw authority to maintain any petty cash fund which the director has theretofore authorized, and upon withdrawal of authority, the petty cash fund shall immediately be terminated and shall not be reopened except upon subsequent application to and authorization by the director of accounts and reports.
History: L. 1970, ch. 356, § 4; L. 1981, ch. 337, § 2; L. 1987, ch. 334, § 1; July 1.
Revisor's Note: Later act, see 75-3078.
History: L. 1973, ch. 387, § 1; Repealed, L. 1976, ch. 413, § 23; July 1.
History: L. 1976, ch. 413, § 1; L. 1977, ch. 294, § 1; L. 1990, ch. 308, § 1; L. 1994, ch. 106, § 2; Repealed, L. 1994, ch. 274, § 24; July 1.
History: L. 1976, ch. 413, § 2; L. 1977, ch. 294, § 3; L. 1978, ch. 348, § 1; L. 1982, ch. 352, § 1; L. 1983, ch. 284, § 5; L. 1984, ch. 316, § 1; L. 1986, ch. 321, § 1; L. 1987, ch. 335, § 5; L. 1987, ch. 336, § 2; L. 1988, ch. 340, § 1; L. 1989, ch. 267, § 1; L. 1990, ch. 309, § 39; L. 1991, ch. 259, § 1; L. 1992, ch. 245, § 5; Repealed, L. 1994, ch. 274, § 24; July 1.
History: L. 1976, ch. 413, § 3; L. 1978, ch. 348, § 2; L. 1978, ch. 349, § 7; Repealed, L. 1994, ch. 274, § 24; July 1.
History: L. 1976, ch. 413, § 4; Repealed, L. 1994, ch. 274, § 24; July 1.
History: L. 1976, ch. 413, § 5; L. 1982, ch. 353, § 1; L. 1988, ch. 341, § 1; L. 1990, ch. 310, § 1; Repealed, L. 1994, ch. 274, § 24; July 1.
History: L. 1976, ch. 413, §§ 6 to 8; Repealed, L. 1994, ch. 274, § 24; July 1.
History: L. 1976, ch. 413, § 9; L. 1989, ch. 118, § 186; Repealed, L. 1994, ch. 274, § 24; July 1.
History: L. 1976, ch. 413, § 10; L. 1994, ch. 157, § 1; Repealed, L. 1994, ch. 274, § 24; July 1.
History: L. 1976, ch. 413, § 11; L. 1979, ch. 284, § 1; Repealed, L. 1994, ch. 274, § 24; July 1.
History: L. 1976, ch. 413, § 12; L. 1980, ch. 267, § 1; Repealed, L. 1994, ch. 274, § 24; July 1.
History: L. 1976, ch. 413, §§ 13, 14; Repealed, L. 1994, ch. 274, § 24; July 1.
History: L. 1976, ch. 413, § 15; L. 1990, ch. 311, § 1; Repealed, L. 1994, ch. 274, § 24; July 1.
(a) Subject to subsection (b), imprest funds established by or under this act may be used to provide for travel advances and other transactions which demand immediate attention or advance payment.
(b) In no event may any such imprest fund be used to pay regular employees' salaries or current accounts which are payable monthly, except that imprest funds may be used to pay amounts to employees to correct payroll errors in accordance with procedures and limitations adopted therefor by the director of accounts and reports and approved by the secretary of administration. In accordance with procedures and limitations adopted by the director of accounts and reports and approved by the secretary of administration, imprest funds may be increased when, in the judgment of the secretary of administration, such increase is reasonably necessary. In no case may moneys be advanced from any such fund when not in actual liquidation of an obligation, except as specifically authorized by this or any other statute.
(c) In the event advance payments or payments to correct payroll errors are made from any imprest fund, the agency shall make reports thereof in compliance with such procedures as the director of accounts and reports may require.
History: L. 1976, ch. 413, § 16; L. 1984, ch. 317, § 1; L. 1994, ch. 274, § 11; July 1.
At the close of each month, or more frequently if necessary, the state agency shall prepare an itemized and detailed reconciliation and statement of payments for each imprest fund authorized for the state agency under this act. The detailed statement of payments shall be supported by itemized receipts for each expenditure and submitted with a voucher to the director of accounts and reports for the purpose of replenishing the imprest fund to its original amount. Upon receiving the statement and voucher, the director of accounts and reports shall draw a warrant against the fund from which payments would have been paid if the same had not been paid from the imprest fund. The director of accounts and reports may authorize a reconciling entry of not to exceed $100 in any reconciliation statement for an imprest fund and, in cases of extraordinary losses resulting from robbery, burglary or other disappearances infrequently occurring, an imprest fund may be reimbursed by the state agency from any appropriations available therefor, but such reimbursements shall not exceed a total amount of $2,000 in any fiscal year.
History: L. 1976, ch. 413, § 17; L. 1987, ch. 334, § 2; L. 2004, ch. 31, § 2; July 1.
History: L. 1976, ch. 413, § 18; Repealed, L. 1994, ch. 274, § 24; July 1.
Except as otherwise provided in any statute, any state agency which wishes to have an imprest fund may apply to the director of accounts and reports for permission to establish such a fund. The director of accounts and reports may, upon proper showing of need, grant permission to establish one or more imprest funds from moneys appropriated for such state agency in an amount approved by the secretary of administration. Every such imprest fund shall be permanent, but may be increased or decreased by approval of the secretary of administration.
History: L. 1976, ch. 413, § 19; L. 1994, ch. 274, § 12; July 1.
The moneys of all imprest funds established by or under this act shall be kept in local banks designated or approved for such purpose by the pooled money investment board, except moneys in change funds. All disbursements therefrom shall be by check which shall show the purpose of the disbursement and be signed by the claimant as correct and for an unpaid obligation. Every check shall be supported by a voucher with adequate documentation and be in payment of unpaid legally contracted obligations. The custodian of any imprest fund shall cancel upon the agency records of the fund any and all checks, which have been drawn, issued, not presented for payment and outstanding for a period of six (6) months or more. Upon canceling any such check, the custodian shall make entries in the records opposite each check so canceled, showing the date of its cancellation. The director of accounts and reports shall maintain a complete list of all imprest funds authorized by or under this act, the limit thereon and the local bank in which the same is deposited.
History: L. 1976, ch. 413, § 20; July 1.
On the effective date of this act the revolving funds specified in K.S.A. 76-2601 are hereby abolished, and all revolving funds established pursuant to K.S.A. 76-2606 and K.S.A. 76-2607 are hereby abolished. On the effective date of this act the director of accounts and reports shall transfer the remaining balance in each revolving fund abolished by this section to a corresponding imprest fund as specifically provided for by this act or as established under authority of this act, and in addition thereto, on the effective date of this act the director of accounts and reports shall make necessary transfers to or from the appropriate funds in amounts necessary to effectuate the specified balances of the funds provided for in K.S.A. 75-3057 to 75-3071, inclusive, and K.S.A. 75-3074 and 75-3075. To implement the provisions of this section or to initiate new imprest funds, the director of accounts and reports may issue warrants upon the appropriate funds to open or reconstitute local bank accounts as needed, and may order issuance of appropriate checks upon existing local bank accounts where needed for such purposes.
History: L. 1976, ch. 413, § 21; July 1.
The head of any state agency may apply to the director of accounts and reports to establish change funds of not to exceed $5,000 of the amount in any imprest system checking fund authorized in accordance with law, to be maintained in the form of cash. The director of accounts and reports may authorize any such change funds, and, except as otherwise provided in this section, in each case shall establish a maximum therefor of not to exceed $5,000. In the case of each change fund authorized for a state educational institution under the supervision and control of the state board of regents, the director of accounts and reports shall establish a maximum of not to exceed $40,000 for such change fund. In addition to any other reconciliation reports required by the director of accounts and reports, when a shortage occurs in a change fund, the head of the state agency may submit to the director of accounts and reports an itemized detailed reconciliation of the change fund and the imprest system checking fund of which it is derived. The director of accounts and reports may authorize a reconciling entry of not to exceed $100 in any reconciliation statement for a change fund and, in cases of extraordinary losses resulting from robbery, burglary or other disappearances infrequently occurring, a change fund may be reimbursed by the state agency from any appropriations available therefor, but such reimbursements shall not exceed a total amount of $2,000 in any fiscal year. Moneys in any change fund authorized hereunder shall be used exclusively for the making of change in receiving amounts due the state. No advance shall be made from any change fund.
History: L. 1976, ch. 413, § 22; L. 1977, ch. 294, § 2; L. 1987, ch. 334, § 3; L. 1990, ch. 312, § 1; July 1.
(a) If costs are assessed against the state or any agency of the state pursuant to K.S.A. 60-211, and amendments thereto, the head of the state agency which conducted the litigation shall report the assessment, its amount and the reason for it to the speaker and the minority leader of the Kansas house of representatives and to the president and the minority leader of the Kansas senate within 30 days after entry of the order assessing the costs against the state or state agency.
(b) Payment of costs assessed against the state or a state agency pursuant to K.S.A. 60-211, and amendments thereto shall be made from the operating budget of the state agency which conducted the litigation.
History: L. 1984, ch. 211, § 1; L. 1997, ch. 173, § 36; July 1.
Any state agency may apply to the director of accounts and reports for the establishment of an employee use fund, which shall not be a part of the state treasury. The director shall prescribe the accounting procedures applicable to profits, losses and the handling of employee use fund moneys. Subject to procedures or limitations that the secretary of administration may prescribe, amounts deposited in an employee use fund may be expended for employee activities and benefits approved by the head of the state agency. Moneys in an employee use fund may be maintained in cash or in a financial institution approved by the agency head. Employee use funds shall not be subject to appropriation acts but shall be subject to audit as prescribed by the legislative post audit committee.
History: L. 1993, ch. 224, § 1; April 22.
Except as otherwise prescribed by law and subject to limitations prescribed by the secretary of administration, state agencies may deposit in an employee use fund the following revenues:
(a) Gifts from employees and former employees of the state agency;
(b) profits from vending machines, coffee funds and similar functions;
(c) profits from garage sales and similar employee fund raising activities which have been approved by the head of the state agency; and
(d) interest earnings arising from employee use funds deposited in a financial institution.
History: L. 1993, ch. 224, § 2; April 22.
For the purposes of providing for the payment of interest due to the federal government for the fiscal year ending June 30, 1994, and for each fiscal year thereafter there is hereby established the federal cash management fund in the state treasury.
History: L. 1993, ch. 15, § 1; July 1.
(a) The director of accounts and reports shall determine all amounts of interest earned on federal moneys, which are deposited in the state treasury and credited to special revenue funds and which have the interest earned thereon credited to the state general fund. Periodically the director shall transfer moneys from the state general fund to the federal cash management fund in amounts necessary to make interest payments therefor, as determined by the director of accounts and reports, to the federal government in accordance with the federal cash management improvement act of 1990, and amendments thereto, and regulations adopted pursuant to such act. All expenditures from the federal cash management fund for such interest payments to the federal government shall be in addition to any expenditure limitation imposed on the federal cash management fund. Upon making each such transfer to the federal cash management fund under this subsection, the director of accounts and reports shall submit a report on the transfer to the division of the budget and the legislative research department.
(b) The director of accounts and reports shall determine all amounts of interest earned on federal moneys, which are deposited in the state treasury and credited to special revenue funds and which have the interest earned thereon credited to such special revenue funds. Periodically the director shall transfer moneys from each such special revenue fund to the federal cash management fund in amounts necessary to make interest payments therefor, as determined by the director of accounts and reports, to the federal government in accordance with the federal cash management improvement act of 1990, and amendments thereto, and regulations adopted pursuant to such act. All transfers of moneys from each such special revenue fund to the federal cash management fund shall be in addition to any expenditure limitation imposed on such special revenue fund. All expenditures from the federal cash management fund for such interest payments to the federal government shall be in addition to any expenditure limitation imposed on the federal cash management fund. Upon making each such transfer to the federal cash management fund under this subsection, the director of accounts and reports shall submit a report on the transfer to the division of the budget and the legislative research department.
History: L. 1993, ch. 15, § 2; July 1.
(a) The department of health and environment was established by K.S.A. 75-5601 et seq., and amendments thereto.
(b) Within the department of health and environment there are three divisions: Division of public health, the division of environment and the division of health care finance.
(c) Within the division of public health there are various bureaus and programs which carry out and administer the multiple functions of the department.
(d) Included among those bureaus of the division of public health is the bureau of family health. Within the bureau of family health there is the child placing agency and residential programs section. Among other functions, this bureau licenses and regulates foster care and other residential facilities.
(e) The department for children and families was established by K.S.A. 75-5301 et seq., and amendments thereto.
(f) Within the department for children and families there is an economic and employment services section that, among other functions, determines eligibility for services under title XIX of the social security act, known as medicaid and eligibility for services for state funded medical services.
(g) Except as otherwise provided by this order, beginning January 1, 2016 all the powers, duties and functions of the department for children and families, economic and employment services section that, among other functions, determines eligibility for services under title XIX of the social security act, known as medicaid and eligibility for services for state funded medical services are hereby transferred to and imposed upon the department of health and environment and the secretary of the department of health and environment.
(h) Except as otherwise provided by this order, beginning July 1, 2015, all the powers, duties and functions of the department of health and environment, division of public health section for child placing agencies and residential facilities which, among other things, licenses and regulates foster care and other residential facilities are hereby transferred to and imposed upon the Kansas department for children and families and the secretary of the department for children and families.
(i) The department for children and families shall be the successor in every way to the powers, duties and functions of the bureau of family health, child placing agency and residential programs section in which the same were vested prior to the effective date of this order. Every act performed in the exercise of such transferred power, duties and functions by or under the authority of the department of health and environment, division of public health, bureau of family health, child placing agency and residential programs section 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 the effective date of this order.
(j) The department of health and environment shall be the successor in every way to the powers, duties and functions of the department for children and families concerning duties and functions of the department for children and families, economic and employment services section that determines eligibility for services under title XIX of the social security act (medicaid) and eligibility for state funded medical services in which the same were vested prior to the effective date of this order. Every act performed in the exercise of such transferred power, duties and functions by or under the authority of the department for children and families, economic and employment services section that, among other functions, determines eligibility for services under title XIX of the social security act, known as medicaid and eligibility for services for state funded medical services, that pertains to determining eligibility for medicaid and state funded medical services shall be deemed to have the same force and effect as if performed by the department for children and families in which such powers, duties, and functions were vested prior to the effective date of K.S.A. 75-3084 through 75-3089, and amendments thereto.
History: Executive Reorganization Order No. 43, § 1; L. 2015, ch. 114, § 1; July 1.
(a) The department for children and families or designees appointed by the secretary shall be the successor in every way to the powers, duties, and functions of any state agency department, board, commission or council, providing services and creating systems in order to comply with the provisions of any laws or regulations affecting the department of health and environment, division of public health, bureau of family health, child placing and residential programs. Every act performed in the exercise of such transferred powers, duties, and functions by or under the authority of the department for children and families shall be deemed to have the same force and effect as if performed by any state agency, department, board, commission or council in which such powers, duties and functions were vested prior to the [effective] date of K.S.A. 75-3084 through 75-3089, and amendments thereto.
(b) The department of health and environment or designees appointed by the secretary shall be the successor in every way to the powers, duties, and functions of any state agency department, board, commission or council, providing services and creating systems in order to comply with the provisions of any laws or regulations affecting the department for children and families, eligibility and employment services section which pertains to determining eligibility for medicaid services. Every act performed in the exercise of such transferred powers, duties, and functions by or under the authority of the department of health and environment shall be deemed to have the same force and effect as if performed by any state agency, department, board, commission or council in which such powers, duties and functions were vested prior to the [effective] date of K.S.A. 75-3084 through 75-3089, and amendments thereto.
(c) Wherever the department of health and environment, pertaining to the duties or functions of the child placing agency and residential programs section division of public health, bureau of family health, or words of like effect is referred to or designated by statute, contract, memorandum, agreement or other document and such reference is in regard to any of the powers, duties or functions transferred to the department for children and families, such reference or designation shall be deemed to apply to the department for children and families.
(d) Wherever the department for children and families, economic and employment services section that determines eligibility for services under title XIX of the social security act (medicaid) and state funded medical services, or words of like effect are referred to or designated by statute, contract, memorandum, agreement or other document and such reference is in regard to any of the powers, duties or functions transferred to the department of health and environment, such reference or designation shall be deemed to apply to the department of health and environment.
(e) All rules and regulations, orders and directives of the Kansas department of health and environment which relate to the functions transferred by K.S.A. 75-3084 through 75-3089, and amendments thereto, and which are in effect on the effective date of K.S.A. 75-3084 through 75-3089, and amendments thereto, shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the secretary of the department for children and families respective to the duties that the secretary for children and families is assuming by K.S.A. 75-3084 through 75-3089, and amendments thereto.
(f) All rules and regulations, orders and directives of the Kansas department for children and families which relate to the functions transferred by K.S.A. 75-3084 through 75-3089, and amendments thereto, and which are in effect on the effective date of K.S.A. 75-3084 through 75-3089, and amendments thereto, shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the secretary of the department of health and environment respective to the duties that the secretary of health and environment is assuming by K.S.A. 75-3084 through 75-3089, and amendments thereto.
History: Executive Reorganization Order No. 43, § 2; L. 2015, ch. 114, § 2; July 1.
(a) The balance of all funds or accounts thereof appropriated or reappropriated for the Kansas department of health and environment or any state agency, department, board, commission or council, relating to the powers, duties and functions transferred by K.S.A. 75-3084 through 75-3089, and amendments thereto, are hereby transferred within the state treasury to the department for children and families respective to the powers, duties and functions transferred by K.S.A. 75-3084 through 75-3089, and amendments thereto.
(b) The balance of all funds or accounts thereof appropriated or reappropriated for the Kansas department for children and families or any state agency, department, board, commission or council, relating to the powers, duties and functions transferred by K.S.A. 75-3084 through 75-3089, and amendments thereto, are hereby transferred within the state treasury to the department of health and environment respective to the powers, duties and functions transferred by K.S.A. 75-3084 through 75-3089, and amendments thereto.
(c) Liability for the accrued compensation or salaries of officers and employees who are transferred to the department for children and families under K.S.A. 75-3084 through 75-3089, and amendments thereto, shall be assumed and paid by the department for children and families, respective to the powers, duties and functions transferred by K.S.A. 75-3084 through 75-3089, and amendments thereto.
(d) Liability for the accrued compensation or salaries of officers and employees who are transferred to the department of health and environment under K.S.A. 75-3084 through 75-3089, and amendments thereto, shall be assumed and paid by the department of health and environment, respective to the powers, duties and functions transferred by K.S.A. 75-3084 through 75-3089, and amendments thereto.
History: Executive Reorganization Order No. 43, § 3; L. 2015, ch. 114, § 3; 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. 75-3084 through 75-3089, and amendments thereto, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The department for children and families and the department of health and environment shall respectively succeed to all property, property rights and records which were used for or pertain to the performance of powers, duties and functions transferred by K.S.A. 75-3084 through 75-3089, and amendments thereto.
History: Executive Reorganization Order No. 43, § 4; L. 2015, ch. 114, § 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 state agency or program mentioned in K.S.A. 75-3084 through 75-3089, 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. 75-3084 through 75-3089, 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. 75-3084 through 75-3089, and amendments thereto.
History: Executive Reorganization Order No. 43, § 5; L. 2015, ch. 114, § 5; July 1.
(a) All officers and employees of the Kansas department of health and environment, who immediately prior to the effective date of K.S.A. 75-3084 through 75-3089, and amendments thereto, are engaged in the exercise and performance of the powers, duties and functions transferred by K.S.A. 75-3084 through 75-3089, and amendments thereto, as well as all officers and employees of the Kansas department of health and environment who are determined by the secretary of the Kansas department for children and families and the secretary of the Kansas department of health and environment 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. 75-3084 through 75-3089, and amendments thereto, are hereby transferred to the department for children and families, respective to the powers, duties and functions transferred to the department by K.S.A. 75-3084 through 75-3089, and amendments thereto. All classified officers and employees so transferred shall retain their status as classified employees.
(b) All officers and employees of the Kansas department for children and families, who immediately prior to the effective date of K.S.A. 75-3084 through 75-3089, and amendments thereto, are engaged in the exercise and performance of the powers, duties and functions transferred by K.S.A. 75-3084 through 75-3089, and amendments thereto, as well as all officers and employees of the Kansas department for children and families who are determined by the secretary of the Kansas department of health and environment and the secretary of the Kansas department for children and families 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. 75-3084 through 75-3089, and amendments thereto, are hereby transferred to the department of health and environment, respective to the powers, duties and functions transferred to the department by K.S.A. 75-3084 through 75-3089, and amendments thereto. All classified officers and employees so transferred shall retain their status as classified employees.
(c) Officers and employees of the Kansas department of health and environment and officers and employees of the Kansas department for children and families transferred by K.S.A. 75-3084 through 75-3089, 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 or employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs or abolitions 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. 75-3084 through 75-3089, and amendments thereto, shall affect the classified status of any transferred person employed by either the Kansas department of health and environment or the Kansas department for children and families prior to the date of transfer.
(d) Notwithstanding the effective date of K.S.A. 75-3084 through 75-3089, and amendments thereto, the provisions of K.S.A. 75-3084 through 75-3089, and amendments thereto, prescribing the transfer of officers and employees from the Kansas department of health and environment and the Kansas department for children and families, the date of transfer of each such officer or employee shall commence at the start of a payroll period.
History: Executive Reorganization Order No. 43, § 6; L. 2015, ch. 114, § 6; July 1.
(a) The governing board of any educational institution may enter into agreements with any state agency for the provision of instruction at the educational institution or off the campus thereof. Credit for such instruction shall be awarded in accordance with the provisions of the agreement.
(b) Any state agency may enter into agreements with the governing board of any educational institution for the provision of instruction at the educational institution or off the campus thereof. The amount to be paid by the state agency for the provision of instruction under any such agreement shall be determined as provided in the agreement, in accordance with the provisions of this section and in any case within limitations of the appropriations of the state agency therefor. The amount to be paid under any such agreement shall be determined on the basis of a fixed dollar amount for each enrolled credit hour of instruction in lieu of tuition, except that (1) an additional dollar amount shall be paid for each credit hour value of a course which is not taught by personnel of the state agency, (2) the payment to be made under an agreement with a social welfare institution shall be on the basis of four credit hours for an entry level course of instruction for direct care staff, and (3) payments may be made to an educational institution for special training materials and mileage expenses where appropriate under the circumstances.
(c) (1) No credit hour state aid entitlement and no out-district state aid entitlement of an educational institution shall be based upon any subject, course or program which is taught under an agreement with a state agency, and no such subject, course or program shall be counted in determining the number of credit hours of out-district students for the purpose of determining the amount of out-district tuition to be charged by an educational institution.
(2) No tuition shall be charged to or collected from any person who enrolls in any subject, course or program which is taught under an agreement with a state agency.
(d) For the purpose of this section:
(1) "Educational institution" means community college or municipal university;
(2) "social welfare institution" means Osawatomie state hospital, Larned state hospital, Parsons state hospital, south central regional mental health hospital and Kansas neurological institute; and
(3) "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 authority of this state.
History: L. 1982, ch. 282, § 15; L. 2025, ch. 90, § 18; July 1.
(a) Any state agency that imposes or collects fees, tuition or other charges shall accept payment thereof in the form of a personal, certified or cashier's check or money order. A state agency may accept payment by credit card, debit card or other method designated by the agency. A state agency may impose an additional fee to recover the actual amount of any cost incurred by reason of the method of payment used by the payee.
(b) In addition to the methods specified in subsection (a), after June 30, 2001, a state agency shall accept payment of fees, tuition or other charges in the form of a credit card or debit card.
(c) Any transactions involving payment by credit card or debit card pursuant to this section shall not be subject to the provisions of K.S.A. 16a-2-403, and amendments thereto.
(d) The provisions of this section shall not apply to any fees, fines or charges imposed by the secretary of corrections on offenders under the jurisdiction of the secretary of corrections or juvenile offenders placed in juvenile correctional facilities under the jurisdiction of the secretary of corrections.
(e) Any municipal university, community college, technical college or vocational educational school, as defined by K.S.A. 74-3201b, and amendments thereto, or not-for-profit private postsecondary educational institution that was granted approval to confer academic or honorary degrees by the Kansas state board of education under the provisions of K.S.A. 17-6105, prior to its repeal, or is otherwise exempt from the Kansas private and out-of-state postsecondary educational institution act pursuant to K.S.A. 74-32,164, and amendments thereto, accepting payment of fees, tuition or other charges in the form of a credit card or debit card shall not be subject to the provisions of K.S.A. 16a-2-403, and amendments thereto.
History: L. 2000, ch. 114, § 1; L. 2010, ch. 64, § 2; L. 2021, ch. 31, § 1; July 1.
Revisor's Note: Prior to the amendment of 75-3101 by section 15 of chapter 159 of the 2008 Session Laws of Kansas which increased the biweekly compensation for the governor for fiscal year 2009 and thereafter, additional biweekly compensation was provided for each fiscal year during fiscal years 1999 through 2008. For fiscal year 2008, additional biweekly compensation was provided for the governor so that the aggregate biweekly compensation provided by law was $4,154.12 per biweekly pay period. See section 160(a) of chapter 167 of the 2007 Session Laws of Kansas.
History: L. 1949, ch. 431, § 1; L. 1953, ch. 383, § 1; L. 1959, ch. 337, § 2; L. 1961, ch. 413, § 1; L. 1967, ch. 449, § 1; L. 1974, ch. 361, § 91; L. 1978, ch. 350, § 5; L. 1982, ch. 354, § 20; L. 1985, ch. 278, § 15; L. 1992, ch. 296, § 13; L. 1995, ch. 256, § 13; L. 1998, ch. 196, § 5; L. 2008, ch. 159, § 15; Repealed, L. 2023, ch. 69, § 11; January 1, 2025.
(a) Subject to appropriations and except as provided further, on January 1, 2025, and each January 1 thereafter:
(1) The governor shall receive for services an annual salary equal to the amount of annual rate of pay for a member of congress of the United States, not in a leadership role, on such date;
(2) the attorney general shall receive for services an annual salary equal to the amount of annual rate of pay for a member of congress of the United States, not in a leadership role, on such date, minus 2.5% of such congressional annual rate of pay; and
(3) the secretary of state, state treasurer and commissioner of insurance shall receive for services an annual salary equal to the amount of annual rate of pay for a member of congress of the United States, not in a leadership role, on such date, minus 7.5% of such congressional annual rate of pay.
(b) If, for any reason, such congressional salary is decreased, the salaries established in this section shall remain the same for the next ensuing fiscal year unless diminished by general law applicable to all salaried officers of the state.
History: L. 2023, ch. 69, § 2; May 4.
The governor is authorized to appoint a private secretary, an assistant private secretary, executive clerk and pardon attorney, who shall each receive an annual salary to be fixed by the governor, within available appropriations; and may also appoint and fix the compensation of such other assistants, secretaries, stenographers, clerks and employees as he or she may deem necessary and as are within available appropriations.
History: L. 1905, ch. 488, § 2; L. 1907, ch. 206, § 1; L. 1913, ch. 1, § 3; L. 1917, ch. 1, § 7; L. 1919, ch. 284, § 1; L. 1920, ch. 60, § 1; L. 1921, ch. 1, § 2; R.S. 1923, 75-3102; L. 1927, ch. 15, § 3; L. 1929, ch. 6, § 3; L. 1933, ch. 286, § 3; L. 1937, ch. 329, § 18; L. 1941, ch. 353, § 1; L. 1945, ch. 9, § 1; L. 1949, ch. 423, § 8; L. 1955, ch. 365, § 1; L. 1961, ch. 409, § 7; L. 1965, ch. 458, § 16; July 1.
(a) The lieutenant governor shall receive as reimbursement for expenses when attending the duties of office or attending any authorized meeting, in addition to other provisions of this section, travel expenses and subsistence expenses and allowances in amounts equal to those provided for by K.S.A. 75-3212, and amendments thereto.
(b) In addition to any other compensation provided by law, the lieutenant governor shall receive for services an annual salary equal to 25% of the amount of annual rate of pay for a member of congress of the United States, not in a leadership role, on such date. While acting as governor, the lieutenant governor shall receive the same salary as the governor. The lieutenant governor may appoint an administrative assistant and other office employees, all of whom shall be in the unclassified service of the Kansas civil service act. Such administrative assistant shall receive travel expenses and subsistence expenses or allowances as provided by K.S.A. 75-3212, and amendments thereto, when traveling as authorized by the lieutenant governor.
(c) If the lieutenant governor is appointed by the governor under the provision of K.S.A. 75-303, and amendments thereto, the lieutenant governor shall receive a salary pursuant to K.S.A. 2025 Supp. 75-3120n, and amendments thereto, or a salary as provided for in subsection (b), whichever is greater.
History: R.S. 1923, 75-3103; L. 1949, ch. 430, § 1; L. 1953, ch. 383, § 2; L. 1955, ch. 366, § 1; L. 1959, ch. 337, § 3; L. 1961, ch. 413, § 2; L. 1963, ch. 419, § 7; L. 1967, ch. 449, § 2; L. 1972, ch. 153, § 41; L. 1973, ch. 157, § 20; L. 1974, ch. 361, § 92; L. 1978, ch. 350, § 6; L. 1982, ch. 355, § 2; L. 1982, ch. 354, § 21; L. 1992, ch. 296, § 14; L. 1995, ch. 256, § 14; L. 1998, ch. 196, § 6; L. 2008, ch. 159, § 16; L. 2023, ch. 69, § 8; January 1, 2025.
Revisor's Note: Prior to the amendment of 75-3104 by section 17 of chapter 159 of the 2008 Session Laws of Kansas which increased the biweekly compensation for the secretary of state for fiscal year 2009 and thereafter, additional biweekly compensation was provided for each fiscal year during fiscal years 1999 through 2008. For fiscal year 2008, additional biweekly compensation was provided for the secretary of state so that the aggregate biweekly compensation provided by law was $3,227.13 per biweekly pay period. See section 160(c) of chapter 167 of the 2007 Session Laws of Kansas.
History: L. 1949, ch. 431, § 5; L. 1953, ch. 383, § 3; L. 1959, ch. 337, § 4; L. 1961, ch. 413, § 3; L. 1965, ch. 458, § 30; L. 1967, ch. 443, § 21; L. 1972, ch. 153, § 42; L. 1973, ch. 175, § 63; L. 1974, ch. 361, § 69; L. 1976, ch. 380, § 18; L. 1978, ch. 350, § 7; L. 1982, ch. 354, § 22; L. 1985, ch. 278, § 16; L. 1992, ch. 296, § 15; L. 1995, ch. 256, § 15; L. 1998, ch. 196, § 7; L. 2008, ch. 159, § 17; Repealed, L. 2023, ch. 69, § 11; January 1, 2025.
Revisor's Note: Later act, see 75-412.
History: L. 1905, ch. 488, § 3; L. 1915, ch. 3, § 2; L. 1917, ch. 1, § 8; L. 1919, ch. 284, § 3; L. 1921, ch. 1, § 3; R.S. 1923, 75-3105; L. 1925, ch. 7, § 4; L. 1931, ch. 8, § 4; L. 1933, ch. 286, § 4; L. 1937, ch. 329, § 19; L. 1943, ch. 277, § 14; L. 1945, ch. 323, § 3; L. 1947, ch. 416, § 8; L. 1949, ch. 423, § 9; L. 1955, ch. 361, § 2; L. 1963, ch. 426, § 1; L. 1967, ch. 435, § 2; L. 1968, ch. 337, § 1; L. 1969, ch. 395, § 2; L. 1978, ch. 351, § 1; Repealed, L. 1980, ch. 263, § 2; July 1.
History: L. 1949, ch. 431, § 6; L. 1953, ch. 383, § 4; L. 1959, ch. 337, § 5; L. 1961, ch. 413, § 4; L. 1965, ch. 458, § 31; L. 1967, ch. 443, § 22; L. 1972, ch. 153, § 43; L. 1973, ch. 175, § 70; Repealed, L. 1975, ch. 364, § 40; January 13, 1975.
History: L. 1891, ch. 181, § 4; L. 1911, ch. 2, § 3; L. 1913, ch. 1, § 12; L. 1917, ch. 1, § 6; L. 1919, ch. 284, § 4; L. 1921, ch. 1, § 4; R.S. 1923, 75-3107; L. 1925, ch. 7, § 5; L. 1929, ch. 6, § 4; L. 1933, ch. 286, § 5; L. 1937, ch. 329, § 20; L. 1943, ch. 277, § 15; L. 1945, ch. 323, § 4; L. 1947, ch. 416, § 9; L. 1949, ch. 423, § 10; Repealed, L. 1953, ch. 375, § 95; July 1.
Revisor's Note: Prior to the amendment of 75-3108 by section 18 of chapter 159 of the 2008 Session Laws of Kansas which increased the biweekly compensation for the state treasurer for fiscal year 2009 and thereafter, additional biweekly compensation was provided for each fiscal year during fiscal years 1999 through 2008. For fiscal year 2008, additional biweekly compensation was provided for the state treasurer so that the aggregate biweekly compensation provided by law was $3,227.13 per biweekly pay period. See section 160(e) of chapter 167 of the 2007 Session Laws of Kansas.
History: L. 1949, ch. 431, § 7; L. 1953, ch. 383, § 5; L. 1959, ch. 337, § 6; L. 1961, ch. 413, § 5; L. 1965, ch. 458, § 32; L. 1967, ch. 443, § 23; L. 1972, ch. 153, § 44; L. 1973, ch. 175, § 68; L. 1974, ch. 361, § 70; L. 1976, ch. 380, § 19; L. 1978, ch. 350, § 8; L. 1982, ch. 354, § 23; L. 1985, ch. 278, § 17; L. 1992, ch. 296, § 16; L. 1995, ch. 256, § 16; L. 1998, ch. 196, § 8; L. 2008, ch. 159, § 18; Repealed, L. 2023, ch. 69, § 11; January 1, 2025.
History: L. 1905, ch. 488, § 5; L. 1911, ch. 2, § 4; L. 1915, ch. 3, § 3; L. 1917, ch. 1, § 9; L. 1919, ch. 284, § 5; L. 1921, ch. 1, § 5; L. 1923, ch. 1, § 2; R.S. 1923, 75-3109; L. 1929, ch. 6, § 5; L. 1933, ch. 286, § 6; L. 1935, ch. 5, § 3; L. 1937, ch. 329, § 21; L. 1943, ch. 277, § 16; L. 1945, ch. 323, § 5; L. 1947, ch. 416, § 25; L. 1949, ch. 423, § 11; L. 1973, ch. 346, § 1; L. 1978, ch. 332, § 38; Repealed, L. 1992, ch. 261, § 2; July 1.
Revisor's Note: Prior to the amendment of 75-3110 by section 19 of chapter 159 of the 2008 Session Laws of Kansas which increased the biweekly compensation for the attorney general for fiscal year 2009 and thereafter, additional biweekly compensation was provided for each fiscal year during fiscal years 1999 through 2008. For fiscal year 2008, additional biweekly compensation was provided for the attorney general so that the aggregate biweekly compensation provided by law was $3,711.11 per biweekly pay period. See section 160(d) of chapter 167 of the 2007 Session Laws of Kansas.
History: L. 1949, ch. 431, § 2; L. 1953, ch. 383, § 6; L. 1959, ch. 337, § 7; L. 1961, ch. 413, § 6; L. 1965, ch. 458, § 33; L. 1967, ch. 443, § 24; L. 1972, ch. 153, § 45; L. 1973, ch. 175, § 64; L. 1974, ch. 361, § 71; L. 1978, ch. 350, § 9; L. 1982, ch. 354, § 24; L. 1985, ch. 278, § 18; L. 1992, ch. 296, § 17; L. 1995, ch. 256, § 17; L. 1998, ch. 196, § 9; L. 2008, ch. 159, § 19; Repealed, L. 2023, ch. 69, § 11; January 1, 2025.
The attorney general is hereby authorized to appoint such deputy and assistant attorneys general as the attorney general may deem necessary. Such deputies and assistants shall each receive an annual salary to be established by the attorney general within the limits of available appropriations. The attorney general is also authorized to appoint investigators who shall have and exercise law enforcement powers to the same extent as other law enforcement officers, and such other employees as may be necessary to discharge the duties of the office of attorney general. All employees shall be within the unclassified service under the Kansas civil service act.
History: L. 1913, ch. 313, § 2; L. 1919, ch. 284, § 6; L. 1921, ch. 1, § 12; L. 1923, ch. 1, § 4; R.S. 1923, 75-3111; L. 1927, ch. 15, § 4; L. 1933, ch. 286, § 7; L. 1937, ch. 329, § 22; L. 1941, ch. 354, § 1; L. 1943, ch. 276, § 3; L. 1945, ch. 323, § 6; L. 1947, ch. 416, § 10; L. 1949, ch. 423, § 12; L. 1953, ch. 363, § 7; L. 1957, ch. 447, § 1; L. 1978, ch. 332, § 39; L. 2007, ch. 141, § 2; July 1.
History: L. 1982, ch. 354, § 26; L. 1985, ch. 278, § 20; L. 1992, ch. 296, § 18; L. 1995, ch. 256, § 18; L. 1998, ch. 196, § 10; L. 2008, ch. 159, § 20; Repealed, L. 2023, ch. 69, § 11; January 1, 2025.
History: L. 1949, ch. 431, § 3; L. 1953, ch. 383, § 7; L. 1959, ch. 337, § 8; L. 1961, ch. 413, § 7; L. 1963, ch. 419, § 8; L. 1965, ch. 458, § 34; Repealed, L. 1968, ch. 161, § 1; January 14, 1969.
History: L. 1915, ch. 296, § 4; L. 1917, ch. 1, § 4; L. 1919, ch. 284, § 7; L. 1921, ch. 1, § 6; R.S. 1923, 75-3113; L. 1925, ch. 7, § 6; L. 1929, ch. 6, § 6; L. 1933, ch. 286, § 8; L. 1937, ch. 329, § 23; L. 1943, ch. 277, § 17; L. 1945, ch. 323, § 7; L. 1947, ch. 416, § 11; L. 1949, ch. 423, § 13; Repealed, L. 1968, ch. 161, § 1; January 14, 1969.
History: R.S. 1923, 75-3114; Repealed, L. 1943, ch. 277, § 28; April 1.
History: R.S. 1923, 75-3115; L. 1933, ch. 286, § 9; L. 1937, ch. 329, § 24; Repealed, L. 1945, ch. 282, § 69; July 1.
History: R.S. 1923, 75-3116; Repealed, L. 1927, ch. 231, § 3; June 1.
History: R.S. 1923, 75-3117; L. 1925, ch. 7, § 10; L. 1927, ch. 15, § 5; Repealed, L. 1965, ch. 466, § 1; June 30.
History: R.S. 1923, 75-3118; L. 1945, ch. 322, § 8; L. 1949, ch. 431, § 8; L. 1953, ch. 383, § 8; L. 1959, ch. 337, § 9; L. 1961, ch. 413, § 8; L. 1965, ch. 458, § 35; L. 1967, ch. 443, § 25; L. 1972, ch. 153, § 46; L. 1973, ch. 175, § 69; L. 1974, ch. 361, § 72; Repealed, L. 1977, ch. 295, § 1; July 1.
L. 1917, ch. 313, § 1, included by reference. [Related to salaries of Justices of Supreme Court prior to 1921.]
History: L. 1917, ch. 313, § 1; R.S. 1923, 75-3119.
History: L. 1961, ch. 414, § 1; Repealed, L. 1967, ch. 450, § 1; July 1.
History: L. 1959, ch. 337, § 1; Repealed, L. 1967, ch. 450, § 1; July 1.
History: L. 1961, ch. 413, § 10; Repealed, L. 1967, ch. 450, § 1; July 1.
History: L. 1963, ch. 419, § 14; Repealed, L. 1967, ch. 450, § 1; July 1.
History: L. 1965, ch. 458, § 36; L. 1967, ch. 451, § 1; Repealed, L. 1970, ch. 357, § 2; January 11, 1971.
History: L. 1965, ch. 458, § 37; L. 1967, ch. 452, § 1; Repealed, L. 1970, ch. 358, § 2; January 11, 1971.
History: L. 1970, ch. 357, § 1; L. 1972, ch. 153, § 47; L. 1973, ch. 175, § 65; L. 1974, ch. 361, § 73; L. 1976, ch. 380, § 5; L. 1978, ch. 350, § 10; L. 1980, ch. 20, § 9; L. 1984, ch. 318, § 10; L. 1992, ch. 296, § 19; Repealed, L. 2023, ch. 69, § 11; January 1, 2025.
History: L. 1970, ch. 358, § 1; L. 1972, ch. 153, § 48; L. 1973, ch. 175, § 66; L. 1974, ch. 361, § 74; L. 1976, ch. 380, § 7; L. 1978, ch. 350, § 11; L. 1980, ch. 20, § 10; L. 1986, ch. 115, § 103; L. 1992, ch. 296, § 20; L. 1999, ch. 57, § 68; L. 2006, ch. 195, § 21; Repealed, L. 2023, ch. 69, § 11; January 1, 2025.
History: L. 1976, ch. 380, § 6; L. 1978, ch. 350, § 12; L. 1980, ch. 20, § 11; L. 1984, ch. 318, § 11; L. 1992, ch. 296, § 21; L. 2006, ch. 195, § 22; Repealed, L. 2023, ch. 69, § 11; January 1, 2025.
History: L. 1978, ch. 350, § 14; L. 1979, ch. 285, § 8; Repealed, L. 1980, ch. 20, § 14; July 1.
For district magistrate judges holding office on December 31, 1978, a full month's proportion of such a judge's annual pay shall be paid for the payroll period ending on January 17, 1979, notwithstanding that such period is shorter than the normal payroll period; however, when any such judge vacates his or her office, such judge's final compensation shall be reduced by an amount determined by subtracting the amount of compensation actually earned by such judge for service during the period commencing on January 1, 1979, and ending on January 17, 1979, from the actual amount of compensation received by such judge from the state for the payroll period ending on January 17, 1979. In the event that this act takes effect after such judges have received compensation for the above described payroll period, the additional compensation provided for by this act shall be paid as soon as practicable after the effective date of this act.
History: L. 1979, ch. 264, § 1; January 30.
(a) Within the limits of the appropriations therefor, the county or counties comprising the judicial district may supplement the salary of, or pay any compensation to, any district magistrate judge. Any such supplemental salary or compensation 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 district magistrate judge supplemental compensation fund. Any associated employer contributions and payments with respect to such supplemental salary or compensation that are made payable under law shall be paid by the county or counties providing such supplemental salary or compensation, in addition to such supplemental salary or compensation, in the same manner and under the same conditions and requirements as compensation payable pursuant to K.S.A. 2025 Supp. 75-3120n, and amendments thereto. All such associated employer contributions and payments shall be remitted for deposit in the state treasury and shall be credited to the district magistrate supplemental compensation fund at the same time and in the same manner as such supplemental salary or compensation. As used in this section, employer contributions shall include, and the county or counties shall be required to contribute, employer contributions required pursuant to K.S.A. 20-2605, and amendments thereto, for any district magistrate judge who is a member of the retirement system for judges.
(b) There is hereby established in the state treasury the district magistrate judge supplemental compensation fund.
(c) All moneys credited to the district magistrate judge supplemental compensation fund shall be paid to, or on behalf of, the district magistrate judge or district magistrate judges for whom such moneys were remitted by the county or counties subject to the same conditions or restrictions imposed or prescribed by law, including any applicable withholding or other taxes, associated employer contributions and authorized payroll deductions.
(d) All expenditures from the district magistrate judge supplemental compensation fund shall be made in accordance with appropriation acts and upon warrants of the director of accounts and reports issued pursuant to payrolls approved by the chief justice of the Kansas supreme court or by a person or persons designated by the chief justice.
(e) All salary or other compensation under this section shall be considered to be compensation provided by law for services as a district magistrate judge for all purposes under law.
History: L. 1980, ch. 20, § 12; L. 1984, ch. 318, § 16; L. 1985, ch. 278, § 19; L. 1992, ch. 296, § 22; L. 2004, ch. 71, § 7; L. 2006, ch. 195, § 24; L. 2010, ch. 93, § 1; L. 2023, ch. 69, § 9; January 1, 2025.
History: L. 1980, ch. 20, § 13; L. 1985, ch. 278, § 21; L. 1986, ch. 115, § 104; L. 1992, ch. 296, § 23; L. 1994, ch. 4, § 1; L. 2006, ch. 195, § 23; Repealed, L. 2023, ch. 69, § 11; January 1, 2025.
History: L. 1981, ch. 320, § 1; Repealed, L. 1986, ch. 115, § 105; January 12, 1987.
(a) Subject to appropriations and except as provided further, on January 1, 2025, and each January 1 thereafter:
(1) A district judge who is not a chief judge of a judicial district shall receive for services an annual salary equal to 75% of the annual rate of pay for a district judge of the United States on such date;
(2) a district magistrate judge shall receive for services an annual salary equal to 55% of a district judge's salary as determined pursuant to subsection (a)(1);
(3) a chief judge of the district court shall receive for services an annual salary equal to 105% of a district judge's salary as determined pursuant to subsection (a)(1);
(4) a judge of the court of appeals who is not chief judge of the court of appeals shall receive for services an annual salary equal to 110% of a district judge's salary as determined pursuant to subsection (a)(1);
(5) the chief judge of the court of appeals shall receive for services an annual salary equal to 115% of a district judge's salary as determined pursuant to subsection (a)(1);
(6) a justice of the supreme court who is not chief justice of the supreme court shall receive for services an annual salary equal to 120% of a district judge's salary as determined pursuant to subsection (a)(1); and
(7) the chief justice of the supreme court shall receive for services an annual salary equal to 125% of a district judge's salary as determined pursuant to subsection (a)(1).
(b) If, for any reason, such district judge of the United States salary is decreased, the salaries established in this section shall remain the same for the next ensuing fiscal year unless diminished by general law applicable to all salaried officers of the state.
History: L. 2023, ch. 69, § 3; May 4.
History: L. 1923, ch. 122, § 1; R.S. 1923, 75-3121; Repealed, L. 1981, ch. 338, § 1; July 1.
The supreme court is hereby authorized to appoint two bailiffs, each of whom shall receive an annual salary to be fixed by the court. Each justice of the supreme court is hereby authorized to appoint a law research clerk and a secretary who shall each receive an annual salary fixed by the court. The annual salary of each secretary shall be fixed by the supreme court within the limitations of appropriations made therefor. The compensation of all persons appointed under this section shall be fixed by the supreme court in accordance with the pay plan established under K.S.A. 20-161.
History: R.S. 1923, 75-3122; L. 1927, ch. 301, § 1; L. 1933, ch. 287, § 1; L. 1937, ch. 334, § 1; L. 1943, ch. 276, § 4; L. 1945, ch. 323, § 8; L. 1947, ch. 418, § 1; L. 1949, ch. 434, § 1; L. 1953, ch. 384, § 1; L. 1957, ch. 449, § 1; L. 1961, ch. 415, § 1; L. 1965, ch. 458, § 17; L. 1968, ch. 290, § 1; L. 1977, ch. 296, § 1; L. 1980, ch. 268, § 1; June 18.
The supreme court reporter shall receive an annual salary to be fixed by the supreme court within the limitations of appropriations made therefor.
History: R.S. 1923, 75-3123; L. 1933, ch. 287, § 2; L. 1937, ch. 334, § 2; L. 1943, ch. 274, § 4; L. 1949, ch. 435, § 1; L. 1953, ch. 385, § 1; L. 1957, ch. 449, § 2; L. 1961, ch. 415, § 2; L. 1965, ch. 458, § 18; L. 1967, ch. 453, § 1; April 27.
The supreme court reporter is hereby authorized to appoint, with the consent of the supreme court, a first assistant and a second assistant reporter (part time), who shall each receive an annual salary to be fixed by the court within the limitations of appropriations made therefor.
History: R.S. 1923, 75-3124; L. 1933, ch. 287, § 4; L. 1937, ch. 334, § 3; L. 1943, ch. 276, § 5; L. 1947, ch. 419, § 1; L. 1949, ch. 435, § 2; L. 1953, ch. 385, § 2; L. 1957, ch. 449, § 3; L. 1961, ch. 415, § 3; L. 1965, ch. 458, § 19; July 1.
The clerk of the supreme court shall receive an annual salary to be fixed by the supreme court within the limitations of appropriations made therefor.
History: R.S. 1923, 75-3125; L. 1933, ch. 287, § 3; L. 1937, ch. 334, § 4; L. 1943, ch. 274, § 5; L. 1949, ch. 436, § 1; L. 1953, ch. 386, § 1; L. 1957, ch. 449, § 4; L. 1961, ch. 415, § 4; L. 1965, ch. 458, § 20; L. 1967, ch. 454, § 1; April 27.
The clerk of the supreme court, with the consent of the court is authorized to appoint a deputy clerk, an assistant clerk, and a journal clerk and stenographer, who shall each receive an annual salary to be fixed by the supreme court within the limitations of appropriations made therefor.
History: R.S. 1923, 75-3126; L. 1931, ch. 292, § 1; L. 1933, ch. 287, § 5; L. 1937, ch. 334, § 5; L. 1939, ch. 301, § 1; L. 1943, ch. 276, § 6; L. 1947, ch. 420, § 1; L. 1949, ch. 436, § 2; L. 1953, ch. 386, § 2; L. 1957, ch. 449, § 5; L. 1961, ch. 415, § 5; L. 1965, ch. 458, § 21; L. 1968, ch. 290, § 2; March 27.
History: R.S. 1923, 75-3127; L. 1933, ch. 286, § 17; L. 1937, ch. 334, § 6; L. 1943, ch. 274, § 6; L. 1947, ch. 416, § 12; L. 1949, ch. 437, § 1; L. 1953, ch. 387, § 1; L. 1957, ch. 450, § 1; L. 1959, ch. 337, § 17; L. 1961, ch. 416, § 1; Repealed, L. 1963, ch. 422, § 15; July 1.
History: R.S. 1923, 75-3128; L. 1925, ch. 262, § 1; L. 1927, ch. 302, § 1; L. 1933, ch. 287, § 6; L. 1937, ch. 329, § 25; Repealed, L. 1947, ch. 421, § 1; June 1.
History: L. 1937, ch. 335, § 1; L. 1943, ch. 276, § 7; L. 1945, ch. 325, § 1; L. 1947, ch. 416, § 13; L. 1949, ch. 423, § 14; Repealed, L. 1963, ch. 422, § 15; July 1.
History: R.S. 1923, 75-3129; Repealed, L. 1925, ch. 264, § 1; May 28.
History: R.S. 1923, 75-3130; L. 1931, ch. 17, § 2; L. 1933, ch. 287, § 7; L. 1937, ch. 329, § 26; L. 1943, ch. 276, § 8; L. 1945, ch. 303, § 6; L. 1947, ch. 416, § 14; L. 1949, ch. 423, § 15; L. 1957, ch. 443, § 2; Repealed, L. 1963, ch. 422, § 15; July 1.
History: R.S. 1923, 75-3131; Repealed, L. 1925, ch. 260, § 21; July 1.
History: L. 1925, ch. 260, § 17; L. 1933, ch. 271, § 14; L. 1937, ch. 329, § 27; L. 1943, ch. 277, § 18; L. 1945, ch. 319, § 4; L. 1949, ch. 438, § 1; Repealed, L. 1953, ch. 375, § 95; July 1.
History: R.S. 1923, 75-3132; Repealed, L. 1925, ch. 260, § 21; July 1.
History: R.S. 1923, 75-3133; L. 1927, ch. 303, § 1; L. 1933, ch. 286, § 10; L. 1937, ch. 329, § 28; L. 1943, ch. 274, § 7; L. 1947, ch. 422, § 1; L. 1949, ch. 439, § 1; L. 1955, ch. 367, § 1; L. 1961, ch. 409, § 8; L. 1963, ch. 419, § 9; Repealed, L. 1965, ch. 461, § 30; July 1.
History: R.S. 1923, 75-3134; L. 1927, ch. 303, § 2; L. 1931, ch. 8, § 6; L. 1933, ch. 286, § 11; L. 1937, ch. 329, § 29; L. 1943, ch. 277, § 19; Repealed, L. 1978, ch. 337, § 39; April 25.
(a) The bank commissioner shall receive an annual salary to be fixed by the governor with the approval of the state finance council. The bank commissioner is hereby authorized to appoint two deputy commissioners who shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary in accordance with an equitable salary schedule established by the bank commissioner and approved by the governor for all unclassified positions. The average of the salaries shall not exceed the average compensation of corresponding state regulatory positions in similar areas. The bank commissioner's salary schedule shall be reported to the state banking board annually.
(b) (1) The deputy commissioner of the banking division shall supervise all banks and trust companies as directed by the bank commissioner and shall perform such other duties as may be required by the bank commissioner.
(2) The deputy commissioner of the consumer and mortgage lending division shall supervise all consumer and mortgage lending functions as directed by the bank commissioner and shall perform such other duties as may be required by the bank commissioner.
(c) If the office of the bank commissioner is vacant or if the bank commissioner is absent or unable to act, the deputy commissioner of the banking division shall be the acting bank commissioner.
(d) (1) The deputy commissioner of the banking division shall have at least five years' experience as a state bank officer, or five years' experience as an officer of a state bank holding company or a wholly-owned subsidiary conducting business that is related to banking, or five years' experience as a state or federal regulator, or a combination of the aforementioned experience.
(2) The deputy commissioner of consumer and mortgage lending shall have at least five years' experience in consumer or mortgage lending, regulatory, legal or related experience.
(e) The bank commissioner is also authorized to appoint or contract for, in accordance with the civil service law, such special assistants and other employees as are necessary to properly discharge the duties of the office.
History: L. 1905, ch. 488, § 17; L. 1913, ch. 1, § 8; L. 1915, ch. 3, § 7; L. 1919, ch. 284, § 10; L. 1921, ch. 1, § 22; L. 1923, ch. 1, § 6; R.S. 1923, 75-3135; L. 1925, ch. 7, § 7; L. 1927, ch. 304, § 1; L. 1931, ch. 18, § 2; L. 1933, ch. 271, § 17; L. 1937, ch. 329, § 30; L. 1939, ch. 302, § 1; L. 1943, ch. 277, § 20; L. 1947, ch. 416, § 15; L. 1949, ch. 440, § 1; L. 1953, ch. 388, § 1; L. 1961, ch. 409, § 9; L. 1965, ch. 458, § 22; L. 1967, ch. 443, § 16; L. 1974, ch. 361, § 75; L. 1983, ch. 285, § 1; L. 1987, ch. 54, § 14; L. 1999, ch. 166, § 11; L. 2012, ch. 161, § 14; L. 2018, ch. 4, § 4; Mar 8.
(a) (1) Subject to the provisions of appropriation acts, the bank commissioner may appoint regional managers, financial examiner administrators, case managers, examiners and a business manager within the office of the state bank commissioner as determined necessary by the bank commissioner to effectively carry out the mission of the office. Each regional manager, financial examiner administrator, case manager, examiner or business manager appointed after the effective date of this act shall be in the unclassified service under the Kansas civil service act, shall have special training and qualifications for such positions, shall serve at the pleasure of the bank commissioner and shall receive compensation fixed by the bank commissioner and approved by the governor and shall receive compensation in accordance with an equitable salary schedule established by the bank commissioner and approved by the governor for all unclassified positions.
(2) The average of the amount of compensation in the bank commissioner's salary schedule for such appointed positions in the unclassified service shall not exceed the average compensation of corresponding state regulatory positions in similar areas. The bank commissioner's salary schedule for unclassified positions shall be reported to the state banking board annually.
(b) Nothing in subsection (a) shall affect the classified status of any person employed in the office of the state bank commissioner on the day immediately preceding the effective date of this act. The provisions of this subsection shall not be construed to limit the powers of the bank commissioner pursuant to K.S.A. 75-2948, and amendments thereto.
History: L. 2002, ch. 90, § 1; L. 2012, ch. 161, § 15; May 31.
The state fire marshal shall receive an annual salary to be fixed by the governor with the approval of the state finance council.
History: R.S. 1923, 75-3136; L. 1939, ch. 297, § 4; L. 1943, ch. 274, § 8; L. 1945, ch. 303, § 7; L. 1947, ch. 416, § 16; L. 1949, ch. 441, § 1; L. 1953, ch. 363, § 8; L. 1961, ch. 409, § 10; L. 1963, ch. 419, § 10; L. 1965, ch. 458, § 23; L. 1967, ch. 443, § 17; L. 1972, ch. 153, § 50; January 8, 1973.
(a) The state fire marshal is hereby authorized to appoint, in accordance with the provisions of the Kansas civil service act, such deputies, assistants and clerical employees as are necessary to properly discharge the duties of office. The state fire marshal shall appoint a training coordinator for firefighter training programs. The firefighter training coordinator shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the state fire marshal.
(b) The state fire marshal, firefighter training coordinator, deputies and assistants shall be entitled to their actual and necessary traveling, hotel and other expenses incurred in the performance of their duties while away from the city of Topeka and from their headquarters on official business.
(c) The state fire marshal, firefighter training coordinator, deputies and assistants, with the consent of the state fire marshal, may contract for such other expenses as may be necessary in the performance of the official duties of the office. All of such expenses shall be paid out of the funds available for the state fire marshal.
History: R.S. 1923, 75-3137; L. 1939, ch. 297, § 5; L. 1943, ch. 277, § 21; L. 1982, ch. 170, § 1; July 1.
History: R.S. 1923, 75-3138; L. 1927, ch. 305, § 1; Repealed, L. 1939, ch. 198, § 21; June 30.
History: R.S. 1923, 75-3139; Repealed, L. 1939, ch. 198, § 21; June 30.
History: R.S. 1923, 75-3140; Repealed, L. 1939, ch. 198, § 21; June 30.
The animal health commissioner shall devote full time to the discharge of official duties, and shall be within the unclassified service under the Kansas civil service act. The commissioner's compensation shall be determined by the secretary of agriculture, subject to the approval of the governor.
History: R.S. 1923, 75-3141; L. 1933, ch. 271, § 15; L. 1937, ch. 329, § 31; L. 1945, ch. 325, § 2; L. 1949, ch. 442, § 1; L. 1963, ch. 419, § 11; L. 1965, ch. 458, § 24; L. 1967, ch. 443, § 18; L. 1969, ch. 258, § 5; L. 1978, ch. 332, § 40; L. 1989, ch. 156, § 64; L. 2012, ch. 140, § 117; July 1.
The animal health commissioner is hereby authorized to appoint, within the provisions of the civil service law and within available appropriations, such employees as are necessary to properly discharge the duties of office.
History: R.S. 1923, 75-3142; L. 1933, ch. 271, § 16; L. 1937, ch. 329, § 32; L. 1943, ch. 277, § 22; L. 1969, ch. 258, § 6; L. 2012, ch. 140, § 118; July 1.
History: R.S. 1923, 75-3143; Repealed, L. 1943, ch. 277, § 28; April 1.
History: R.S. 1923, 75-3144; L. 1929, ch. 18, § 2; Repealed, L. 1943, ch. 277, § 28; April 1.
History: R.S. 1923, 75-3145; Repealed, L. 1943, ch. 277, § 28; April 1.
History: L. 1925, ch. 53, § 1; L. 1929, ch. 18, § 1; Repealed, L. 1943, ch. 277, § 28; April 1.
History: L. 1905, ch. 488, § 18; L. 1907, ch. 398, § 1; L. 1913, ch. 1, § 5; L. 1917, ch. 1, § 13; L. 1919, ch. 284, § 14; L. 1921, ch. 1, § 8; R.S. 1923, 75-3146; L. 1925, ch. 7, § 9; L. 1929, ch. 6, § 7; L. 1931, ch. 13, § 3; L. 1933, ch. 288, § 1; L. 1937, ch. 329, § 33; Repealed, L. 1943, ch. 277, § 28; April 1.
History: R.S. 1923, 75-3147; Repealed, L. 1943, ch. 277, § 28; April 1.
The secretary of the state historical society is hereby authorized to appoint an assistant secretary, librarian, museum director, archeologist, state archivist, and such other employees as may be necessary, within available appropriations, and all of such employees, except the assistant secretary, shall be within the classified service. The secretary and the assistant secretary of the state historical society shall be within the unclassified service.
History: L. 1905, ch. 488, § 10; L. 1907, ch. 403, § 1; L. 1913, ch. 1, § 11; L. 1919, ch. 284, § 16; L. 1921, ch. 1, § 10; L. 1923, ch. 1, § 3; R.S. 1923, 75-3148; L. 1925, ch. 7, § 8; L. 1929, ch. 6, § 8; L. 1933, ch. 288, § 2; L. 1937, ch. 329, § 34; L. 1939, ch. 303, § 1; L. 1943, ch. 276, § 9; L. 1945, ch. 303, § 8; L. 1945, ch. 326, § 1; L. 1947, ch. 416, § 17; L. 1949, ch. 423, § 16; L. 1953, ch. 389, § 1; L. 1955, ch. 368, § 3; L. 1959, ch. 337, § 14; L. 1961, ch. 417, § 1; L. 1978, ch. 332, § 41; L. 1989, ch. 266, § 1; March 16.
History: L. 1945, ch. 330, § 2; L. 1947, ch. 416, § 18; L. 1949, ch. 423, § 17; Repealed, L. 1973, ch. 347, § 1; July 1.
The secretary of agriculture shall be within the unclassified service of the Kansas civil service act. The secretary's compensation shall be determined by the governor.
History: R.S. 1923, 75-3149; L. 1925, ch. 250, § 1; L. 1933, ch. 271, § 4; L. 1937, ch. 329, § 35; L. 1943, ch. 274, § 9; L. 1945, ch. 303, § 9; L. 1947, ch. 416, § 19; L. 1949, ch. 443, § 1; L. 1953, ch. 390, § 1; L. 1959, ch. 337, § 10; L. 1961, ch. 409, § 14; L. 1963, ch. 419, § 12; L. 1965, ch. 435, § 5; L. 1978, ch. 332, § 42; L. 2004, ch. 101, § 131; July 1.
The secretary of agriculture is hereby authorized to appoint, in accordance with the provisions of the civil service law and within appropriations available, an assistant secretary and such other assistants and clerical employees as may be necessary to properly discharge the duties of office.
History: R.S. 1923, 75-3150; L. 1925, ch. 250, § 2; L. 1933, ch. 271, § 8; L. 1937, ch. 329, § 36; L. 1943, ch. 277, § 23; L. 2004, ch. 101, § 132; July 1.
History: L. 1905, ch. 488, § 14; L. 1911, ch. 2, § 2; L. 1919, ch. 284, § 17; L. 1921, ch. 1, § 21; L. 1923, ch. 1, § 5; R.S. 1923, 75-3151; L. 1929, ch. 6, § 9; L. 1931, ch. 13, § 2; L. 1933, ch. 288, § 3; L. 1937, ch. 329, § 37; L. 1943, ch. 277, § 24; L. 1945, ch. 303, § 10; Repealed, L. 1974, ch. 5, § 2; July 1.
The salary of the secretary of health and environment shall be governed by the provisions of K.S.A. 75-5601 and said secretary shall hold no other office or position in any other department of the state for which said secretary may receive compensation except that, said secretary may receive compensation, for services rendered, from any institution under the jurisdiction of the state board of regents.
History: R.S. 1923, 75-3152; L. 1933, ch. 271, § 9; L. 1937, ch. 329, § 38; L. 1943, ch. 275, § 1; L. 1968, ch. 189, § 1; L. 1975, ch. 462, § 117; July 1.
History: R.S. 1923, 75-3153; L. 1953, ch. 293, § 2; Repealed, L. 1963, ch. 397, § 7; June 30.
History: R.S. 1923, 75-3154; L. 1927, ch. 15, § 6; L. 1933, ch. 271, § 10; L. 1937, ch. 329, § 39; L. 1943, ch. 275, § 2; L. 1947, ch. 416, § 20; Repealed, L. 1953, ch. 286, § 27; L. 1953, ch. 293, § 3; July 1.
History: R.S. 1923, 75-3155; Repealed, L. 1965, ch. 293, § 3; July 1.
History: R.S. 1923, 75-3156, 75-3157; L. 1933, ch. 271, §§ 11, 12; L. 1937, ch. 329, §§ 40, 41; L. 1943, ch. 275, §§ 3, 4; L. 1947, ch. 416, §§ 21, 22; Repealed, L. 1953, ch. 293, § 3; July 1.
History: L. 1927, ch. 307, § 2; L. 1929, ch. 263, § 2; L. 1933, ch. 271, § 13; L. 1935, ch. 10, § 3; L. 1937, ch. 329, § 42; L. 1943, ch. 277, § 25; Repealed, L. 1951, ch. 355, § 38; June 30.
History: R.S. 1923, 75-3159; Repealed, L. 1953, ch. 293, § 3; July 1.
History: R.S. 1923, 75-3160; Repealed, L. 1945, ch. 282, § 69; July 1.
History: R.S. 1923, 75-3161; Repealed, L. 1943, ch. 277, § 28; April 1.
History: L. 1921, ch. 1, § 26; R.S. 1923, 75-3162; Repealed, L. 1967, ch. 447, § 31; June 1.
History: L. 1927, ch. 38, § 1; Repealed, L. 1957, ch. 431, § 25; July 1.
History: L. 1951, ch. 65, § 1; Repealed, L. 1957, ch. 431, § 25; July 1.
History: L. 1927, ch. 307, § 1; L. 1929, ch. 263, § 1; Repealed, L. 1957, ch. 431, § 25; July 1.
History: L. 1927, ch. 38, § 2; Repealed, L. 1957, ch. 431, § 25; July 1.
History: L. 1891, ch. 181, § 16; R.S. 1923, 75-3163; Repealed, L. 1974, ch. 294, § 13; July 1.
History: L. 1905, ch. 488, §§ 25, 26; R.S. 1923, 75-3164, 75-3165; Repealed, L. 1974, ch. 294, § 13; July 1.
History: R.S. 1923, 75-3166; Repealed, L. 1927, ch. 231, § 3; June 1.
Revisor's Note: Later act, see 75-3722 through 75-3724.
History: L. 1935, ch. 272, § 1; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1935, ch. 273, § 1; L. 1951, ch. 454, § 1; Repealed, L. 1972, ch. 320, § 1; July 1.
Commencement, student enterprise, dormitory, hospital and cafeteria charges levied to cover the full operating expense of such commencement, student enterprise, dormitory, hospital or cafeteria for which an operating fund is created and any other fee or revenue collection made by any department, board, commission, institution, officer or other spending agency of this state for the use of a special project or purpose shall not be affected by the provisions of this act.
History: L. 1935, ch. 273, § 2; May 15.
History: L. 1963, ch. 398, § 32; Repealed, L. 2011, ch. 53, § 58; July 1.
(a) The 10% credit to the state general fund required by K.S.A. 1-204, 9-1703, 16a-2-302, 17-12a601, 17-2236, 20-1a02, 20-1a03, 31-133a, 31-134, 36-512, 44-324, 44-926, 47-820, 49-420, 55-155, 55-176, 55-609, 55-711, 55-901, 58-2011, 58-3074, 58-4107, 65-6b10, 65-1718, 65-1817a, 65-1951, 65-2011, 65-2855, 65-2911, 65-4024b, 65-5413, 65-5513, 65-6910, 65-7210, 65-7309, 66-1,155, 66-1503, 74-715, 74-1108, 74-1405, 74-1503, 74-1609, 74-2704, 74-3903, 74-50,188, 74-5805, 74-6708, 74-7009, 74-7506, 75-1119b, 75-1308, 75-1514, 84-9-801, and amendments thereto, is to reimburse the state general fund for accounting, auditing, budgeting, legal, payroll, personnel and purchasing services, and any and all other state governmental services, which are performed on behalf of the state agency involved by other state agencies which receive appropriations from the state general fund to provide such services.
(b) Nothing in this act or in the sections amended by this act or referred to in subsection (a), shall be deemed to authorize remittances to be made less frequently than is authorized under K.S.A. 75-4215, and amendments thereto.
(c) Notwithstanding any provision of any statute referred to in or amended by this act or referred to in subsection (a), whenever in any fiscal year such 10% credit to the state general fund in relation to any particular fee fund is $100,000, in that fiscal year the 10% credit no longer shall apply to moneys received from sources applicable to such fee fund and for the remainder of such year the full 100% so received shall be credited to such fee fund.
History: L. 1973, ch. 309, § 43; L. 1975, ch. 440, § 1; L. 1976, ch. 374, § 2; L. 1976, ch. 382, § 1; L. 1977, ch. 194, § 2; L. 1978, ch. 211, § 10; L. 1978, ch. 196, § 2; L. 1978, ch. 239, § 11; L. 1978, ch. 352, § 4; L. 1978, ch. 336, § 24; L. 1980, ch. 269, § 1; L. 1980, ch. 242, § 10; L. 1980, ch. 270, § 1; L. 1982, ch. 9, § 3; L. 1982, ch. 228, § 22; L. 1983, ch. 286, § 13; L. 1986, ch. 323, § 18; L. 1986, ch. 322, § 18; L. 1986, ch. 187, § 3; L. 1988, ch. 399, § 2; L. 1988, ch. 342, § 1; L. 1991, ch. 6, § 9; L. 1992, ch. 220, § 4; L. 1997, ch. 160, § 41; L. 2000, ch. 116, § 13; L. 2004, ch. 154, § 63; L. 2011, ch. 53, § 2; L. 2018, ch. 75, § 25; July 1.
History: L. 1973, ch. 309, § 44; Repealed, L. 1975, ch. 440, § 8; July 1.
History: L. 1973, ch. 2, §§ 33, 34; Repealed, L. 1975, ch. 440, § 8; July 1.
History: L. 1973, ch. 309, § 43; L. 1975, ch. 440, § 1; L. 1976, ch. 374, § 2; L. 1976, ch. 382, § 1; L. 1977, ch. 194, § 2; L. 1978, ch. 211, § 10; L. 1978, ch. 1, § 3; Repealed, L. 1980, ch. 269, § 2; July 1.
On or before January 1, 2012, the secretary of administration and the director of the division of the budget shall prepare and present a report to the house committee on appropriations and the senate committee on ways and means which accounts for and explains the costs of all services provided to fee agencies. Such report shall include the actual amount credited from each fee agency to the state general fund pursuant to the sections referred to in subsection (a) of K.S.A. 75-3170a, and amendments thereto, and the actual costs of the accounting, auditing, budgeting, legal, payroll, personnel and purchasing services, and any and all other state governmental services, that were provided to each fee agency.
History: L. 2011, ch. 53, § 1; July 1.
The provisions of this act shall apply to any state agency as defined in K.S.A. 75-3701, having charge of any appropriation from the state general revenue fund or from any special revenue fund.
History: L. 1965, ch. 473, § 1; March 9.
Revisor's Note: Section transferred to 75-5515.
All appropriation acts, or acts authorizing the expenditure of funds for any purpose by any state officer or agency, whether denominated an expenditure limitation, a transfer act, or by some other name or title, shall be deemed to include and be subject to the provisions of K.S.A. 75-3024, 75-3025, 75-3026, 75-3730, 75-3731, 75-3732, and 75-5516.
History: L. 1965, ch. 473, § 3; March 9.
(a) When the duty assignment of any state officer or employee requires travel to points beyond such officer's or employee's official station or regular domicile such officer or employee shall be entitled, upon complying with the provisions of this act and the rules and regulations promulgated hereunder, to an allowance for subsistence and reimbursement for transportation, and other travel expenses incurred while in such travel status as provided in this act. Such officer or employee shall present claims for travel at least once each month to the appropriate department or officer. The claims shall show dates of travel, points visited, times of departure and arrival, and purpose of travel.
(b) When mileage allowances for the use of a privately owned automobile are claimed, the points between which the mileage accrued, the necessity and purpose of the travel and the rate per mile, shall be shown on the claim. No claim for mileage shall be allowed for mileage accrued when using a vehicle owned by the state of Kansas.
(c) Unless the secretary of administration, by rule and regulation, provides for limited exceptions under circumstances in which payment of a per diem or subsistence allowance is in the best interest of the state, no per diem or subsistence allowances shall be paid to any state officer or employee when these expenses are incurred in the city in which the residence or official station of the officer or employee is located.
(d) Nothing in this section shall be construed as applying to the members of the state legislature and other officials as enumerated in K.S.A. 75-3216, and amendments thereto.
History: L. 1931, ch. 294, § 1; L. 1933, ch. 289, § 1; L. 1965, ch. 465, § 1; L. 1969, ch. 402, § 1; L. 2001, ch. 109, § 1; July 1.
History: L. 1931, ch. 294, § 2; Repealed, L. 1995, ch. 184, § 4; April 27.
(a) Except as otherwise provided in this section, wherever in the statutes of the state of Kansas any mileage is allowed to any public official of the state or any political subdivision thereof, or to witnesses, jurors or other persons, the rate thereof shall be in the applicable amount fixed and established by the secretary of administration under K.S.A. 75-3203a, and amendments thereto, for each mile actually and necessarily traveled, by way of the most direct route by privately owned conveyance for official purposes.
(b) No mileage in excess of that amount for each mile actually and necessarily traveled, regardless of the number of passengers, shall be paid or taxed as costs in any case.
(c) The governing body of any county, city or school district may prescribe a rate different from that provided for in this section as to officers and employees of such county, city or school district. If a different rate is not prescribed by the governing body of a county, city or school district, the rate established by the secretary of administration shall be the rate applicable to officers and employees of such county, city or school district. Only one mileage allowance at the rate fixed by the secretary per mile or the rate prescribed by the governing body of a county, city or school district for officers and employees of such county, city or school district is authorized for the use of a privately owned conveyance in official travel and no claim shall be presented for mileage traveled as a passenger in a privately owned conveyance in which the mileage allowance is claimed by the owner or operator.
(d) Privately owned conveyances shall include, but not be limited to automobiles, motorcycles and aircraft. Privately owned conveyances shall not include any conveyances offered publicly for temporary and occasional hire on a trip basis by a traveler including those normally intended to be operated by the traveler if their use has been authorized under appropriate statutes or rules and regulations governing official travel.
(e) The rate prescribed under this act shall be construed to cover all costs related to the use of privately owned conveyances including but not limited to gas, oil, tires, repairs, insurance, license fees and depreciation costs. Parking charges, turnpike tolls and bridge tolls may be allowed in addition to the mileage allowance provided herein.
(f) This act shall not be construed to repeal any provision of any existing statute as to the method of computing mileage, but shall relate solely to the amount to be charged as mileage.
(g) The secretary of administration may adopt rules and regulations as provided in K.S.A. 75-3706, and amendments thereto, relating to official travel by privately owned conveyance.
(h) Notwithstanding anything in this section, exceptions to the same may be made in any other statute or in any appropriation act, and all such exceptions heretofore made shall be valid.
History: L. 1933, ch. 302, § 1; L. 1949, ch. 445, § 2; L. 1965, ch. 467, § 1; L. 1971, ch. 275, § 1; L. 1972, ch. 321, § 1; L. 1974, ch. 384, § 1; L. 1974, ch. 385, § 1; L. 1976, ch. 383, § 1; L. 1978, ch. 353, § 1; L. 1985, ch. 279, § 1; L. 2001, ch. 109, § 2; July 1.
(a) The secretary of administration may fix rates of mileage allowance for travel by privately owned conveyances for official purposes and the rates so fixed may be paid to public officials, except as otherwise specifically provided by law. The secretary may fix a different rate of mileage allowance for each of the following privately owned conveyances:
(1) Automobiles;
(2) motorcycles;
(3) aircraft;
(4) vehicles specially equipped for the physically disabled; and
(5) other privately owned conveyances.
(b) Each rate of mileage allowance fixed by the secretary shall be fixed only after consideration of actual costs incurred in using privately owned conveyances, the rates allowed by the internal revenue service, increased costs due to any energy crisis and the general inflationary situation, and such other matters as the secretary deems pertinent.
(c) The rates of mileage allowance authorized by this section may be revised as conditions require but shall not exceed the lowest of the following rates:
(1) The rate allowed by the internal revenue service;
(2) the rate used in preparing the governor's budget report under K.S.A. 75-3721, and amendments thereto; or
(3) any revision of the rate described in paragraph (2) as specifically directed in appropriation acts of the legislature.
(d) Each rate of mileage allowance fixed by the secretary under this section shall be the rate of mileage allowance for official travel by the applicable privately owned conveyance until a different rate is fixed therefor by the secretary under this section.
History: L. 1974, ch. 384, § 2; L. 1974, ch. 385, § 2; L. 1978, ch. 350, § 15; L. 1979, ch. 286, § 1; L. 1980, ch. 271, § 1; L. 1980, ch. 271, § 3; L. 2001, ch. 109, § 3; July 1.
History: L. 1974, ch. 385, § 3; Repealed, L. 1985, ch. 279, § 2; July 1.
The provisions of K.S.A. 75-3211 and 75-3216 and any amendments to either thereof shall continue to apply to K.S.A. 75-3203, and to all of the provisions of this act.
History: L. 1974, ch. 385, § 4; April 8.
History: L. 1933, ch. 301, § 1; L. 1943, ch. 278, § 1; L. 1947, ch. 423, § 1; L. 1949, ch. 444, § 1; L. 1963, ch. 427, § 1; Repealed, L. 1972, ch. 29, § 18; July 1.
History: L. 1933, ch. 301, § 2; Repealed, L. 1972, ch. 29, § 18; July 1.
Wherever by any law of this state any officer or employee of the state of Kansas is allowed payment of his or her expenses of any kind and any of the following phrases are used in any such law. 1. All actual traveling and necessary expenses. 2. All necessary and actual traveling expenses. 3. Necessary expenses. 4. All necessary and actual traveling and hotel expenses. 5. Actual traveling and hotel expenses. 6. All traveling and hotel expenses actually and necessarily incurred. 7. Actual necessary expenses. 8. Actual and necessary traveling expenses. 9. Actual and necessary expenses. 10. All other legitimate expenses. 11. Actual traveling expenses. 12. All necessary expenses. 13. Traveling expenses. 14. Necessary expenses for travel. 15. Necessary traveling expenses. 16. Actual expenses. 17. All the expenses necessarily incurred. 18. All actual and necessary expenses. 19. Actual traveling expenses and hotel expenses necessarily incurred. 20. All of their actual expenses. 21. All actual traveling expenses. 22. Actual and necessary, traveling, hotel and other expenses. 23. All necessary traveling expenses. 24. All actual and necessary traveling expenses; or any other word or phrase of similar import or meaning is used in any such law, they shall be construed in accordance with the provisions of this act, and the director of accounts and reports in allowing claims for such expenses shall be governed by the provisions of this act and shall not allow any claim contrary to the provisions of this act.
History: L. 1937, ch. 340, § 1; April 6.
(a) For official travel inside or outside of the state, the subsistence allowance shall be paid at the applicable rate for such travel fixed under K.S.A. 75-3207a, and amendments thereto, while the employee is away from such employee's official station or domicile.
(b) (1) In all cases of official travel inside or outside of the state which is subject to the provisions of this section, where the official traveler leaves the traveler's official station or domicile and returns on the same day without incurring lodging expense, no subsistence allowance will be paid.
(2) No subsistence allowance shall be allowed for expenses incurred within 30 miles of an employee's official station.
(3) The secretary of administration may provide, by rule and regulation, for limited exceptions to the limitation established in paragraph (1) of this subsection under circumstances in which payment of a subsistence allowance for the official travel is in the best interest of the state.
(c) No allowances shall be paid to any person for subsistence expense incurred while staying in any place where such person is continuously stationed, except upon written permission granted by the secretary of administration upon written application and subject to rules and regulations adopted by the secretary of administration under K.S.A. 75-3207a, and amendments thereto.
(d) The limitations provided herein shall not apply to cases where the subsistence expenses are advanced by the state by reason of contract of recompensation either expressed, or implied in law or in fact, with any person, group of persons, agency, association, corporation, partnership, or organization of any nature whatsoever, other than the state of Kansas or any municipalities or subdivision thereof.
(e) The phrase "subsistence allowance" as used in this act shall be construed and held to include all charges for meals and lodging, all fees and tips to waiters, hotel porters, bellhops, doormen, maids and dining-room stewards.
(f) Subject to prior approval by the secretary of administration, reduced allowances for subsistence may be paid where considered appropriate by the head of any state agency by reason of the nature of travel, type of business being conducted and frequency of travel. Notice of any such reduced allowances shall be given to the director of accounts and reports.
(g) The secretary of administration may adopt rules and regulations as provided in K.S.A. 75-3706, and amendments thereto, regarding the manner of payment of allowances for subsistence, nonsubsistence and transportation expenses as defined in this act.
(h) Nothing in this section shall apply to the officers and employees specified in K.S.A. 75-3216, and amendments thereto.
History: L. 1937, ch. 340, § 2; L. 1945, ch. 327, § 1; L. 1947, ch. 424, § 1; L. 1949, ch. 445, § 1; L. 1959, ch. 340, § 1; L. 1965, ch. 465, § 2; L. 1969, ch. 402, § 2; L. 1972, ch. 322, § 1; L. 1975, ch. 441, § 2; L. 1977, ch. 297, § 1; L. 1979, ch. 286, § 2; L. 1981, ch. 339, § 1; L. 2001, ch. 109, § 4; July 1.
(a) The secretary of administration shall establish the rates of subsistence allowance for in-state and out-of-state travel for official purposes, including travel to designated high-cost cities. These rates shall be paid to public officers and employees who are subject to the provisions of K.S.A. 75-3207, and amendments thereto, or shall be paid directly to lodging establishments.
(b) The secretary may authorize and prescribe limitations and procedures for payment of such subsistence allowances by separate categories for reimbursement for meal expenses under a daily allowance basis and for reimbursement for lodging expenses under an actual cost incurred basis, or may provide for the direct payment of lodging expenses to the lodging establishment. Advances for such costs also shall be at the discretion of the secretary. These authorizations, limitations, procedures and other provisions for subsistence allowances may be established by rules and regulations adopted in the manner prescribed by K.S.A. 75-3706, and amendments thereto.
(c) All such rates and high-cost city designations shall be fixed only after consideration by the secretary of actual costs incurred in such travel, the rates allowed by the federal internal revenue service, and such other matters as the secretary deems pertinent.
(d) The provisions of rules and regulations adopted pursuant to this section shall apply to all official travel on and after the effective date of such rules and regulations.
(e) Nothing in this section shall apply to the officers and employees specified in K.S.A. 75-3216, and amendments thereto.
(f) The rates for lodging expense reimbursement and direct payments established by the secretary of administration for in-state and out-of-state travel for official purposes by officers and employees who are subject to this section, may be exceeded upon written approval by the agency head, or the agency head's designee who is responsible for approval of travel under K.S.A. 75-3208, and amendments thereto, subject to policies adopted by the officer, board or commission that appointed the agency head. In cases involving the official travel of an individual who is an agency head or an appointive member of a board, commission or similar body that appoints an agency head, no approval to exceed the rates for lodging expenses for that individual shall be required unless the appointing authority of that individual requires written approval by the appointing authority. In no case shall any lodging expense under this subsection exceed the lesser of either:
(1) The amount equal to the maximum applicable lodging expense authorized under this section increased by 50%; or
(2) the actual lodging expenses incurred during the official travel.
History: L. 1975, ch. 441, § 1; L. 1977, ch. 297, § 2; L. 1979, ch. 286, § 3; L. 1980, ch. 271, § 2; L. 1981, ch. 339, § 2; L. 1982, ch. 356, § 1; L. 1987, ch. 337, § 1; L. 1997, ch. 115, § 2; L. 2001, ch. 109, § 5; July 1.
(a) Except as provided in subsection (e) or (f) or as otherwise authorized or provided by statute, no claim for expenses for any trip made beyond the borders of the state by any appointive state officer or employee shall be paid by the state unless the trip has been approved as provided by this section.
(b) Except as otherwise prescribed by a majority of the justices of the supreme court, authority to grant written approval for any such trip by an officer or employee of the judicial branch, or any agency thereof, is vested in the judicial administrator or the judicial administrator's designee.
(c) Except as otherwise authorized or provided by statute, authority to grant approval for any such trip by a legislator or an officer or employee of an agency of the legislative branch is vested with the legislative coordinating council or an individual authorized by the legislative coordinating council to grant written approval in the case of any such trip by an officer or employee of an agency of the legislative branch.
(d) Except as otherwise prescribed by the officer, board or commission that appointed an agency head, authority to grant written approval for any such trip by an officer or employee of the executive branch is vested in such officer's or employee's agency head or the agency head's designee.
(e) In cases involving such a trip by an agency head or by appointive members of a board, commission or similar body that appoints an agency head, no approval shall be required unless the appointing authority of the agency head or the members of the board, commission or similar body, as the case may be, requires such approval by the appointing authority.
(f) Such approval shall not be required for the payment of any claim for expenses 50% or more of which are paid from moneys received from federal agencies or other external sources.
(g) As used in this section, "agency head" means the chief administrative officer of a state agency or state institution.
History: L. 1937, ch. 340, § 3; L. 1987, ch. 337, § 2; L. 1987, ch. 338, § 2; L. 1987, ch. 339, § 1; L. 2011, ch. 104, § 45; July 1.
History: L. 1937, ch. 340, § 4; L. 1953, ch. 375, § 64; Repealed, L. 1972, ch. 29, § 18; July 1.
History: L. 1937, ch. 340, § 5; L. 1949, ch. 445, § 3; Repealed, L. 1970, ch. 359, § 1; July 1.
History: L. 1937, ch. 340, § 6; L. 1959, ch. 340, § 2; L. 1965, ch. 465, § 3; L. 1967, ch. 455, § 1; L. 1969, ch. 402, § 4; Repealed, L. 1975, ch. 442, § 2; July 1.
In addition to amounts authorized under K.S.A. 46-137a, 46-137b and 46-137e, and amendments thereto, members of the senate and the house of representatives of the state and other persons or officers of various committees, delegations, subcommittees, boards, commissions and councils referred to in this act shall be paid compensation and travel expenses and subsistence expenses or allowance for such service as follows: (a) A per diem compensation of thirty-five dollars ($35) for each day of actual attendance at authorized in-state or out-of-state meetings except that members of the senate and the house of representatives shall receive per diem compensation therefor in the amount prescribed under subsection (a) of K.S.A. 46-137a or any amendments thereto; (b) the sum specified in subsection (b) of K.S.A. 46-137a or any amendments thereto for subsistence allowance per any day or part thereof spent in actual attendance at any such in-state meeting; (c) for any day, or part thereof, other than the day of the meeting, the sum specified in subsection (b) of K.S.A. 46-137a or any amendments thereto for subsistence allowance incurred in going to and returning from such in-state meetings, provided such person resides more than one hundred (100) miles from the location of the meeting; (d) the mileage rate authorized by K.S.A. 75-3203a or any amendments thereto for each mile actually traveled by the usual route in going to and returning from the place where an authorized in-state meeting is held; and (e) the sum specified in K.S.A. 46-137a, and any amendments thereto, for subsistence allowance per day or part thereof while attending and going to and from any out-of-state meeting authorized by the chairperson or the rules of the commission, committee or council, or as otherwise authorized in accordance with this act or if the actual subsistence expenses of such officer are in excess of the allowance prescribed such officer shall be entitled to be reimbursed for such officer's actual subsistence expenses incurred while attending such out-of-state meeting. Such officers shall also be entitled to mileage allowances at the rate authorized by K.S.A. 75-3203a or any amendments thereto for each mile actually traveled by the usual route in going to and returning from the place of any such out-of-state meetings if private conveyance is used, or actual transportation cost if private conveyance is not used. No legislator shall receive compensation under this section during any legislative session except when the legislature is adjourned for a period of more than two days, Sundays excepted. No legislator shall receive subsistence expenses or allowances under this section for attendance at any in-state meeting during any legislative session or for which subsistence expenses or allowances are authorized under the provisions of K.S.A. 46-137e. The total of both subsistence expenses and allowances allowed under this section during a legislative session and subsistence allowances allowed under K.S.A. 46-137a during such session shall be limited to the amount equal to the combined total actual subsistence expenses incurred in Topeka and in out-of-state travel. The provisions of the third sentence of K.S.A. 75-4606 shall not apply to any legislator, and any legislator may use a privately owned motor vehicle and receive reimbursement for mileage at the rate provided in K.S.A. 75-3203a and amendments thereto whether traveling under authority of such statute or this act.
History: L. 1968, ch. 208, § 1; L. 1973, ch. 211, § 5; L. 1974, ch. 361, § 76; L. 1975, ch. 269, § 6; L. 1980, ch. 266, § 6; January 12, 1981.
Any person entitled to any payment or reimbursement under the provisions of this act for attendance on the same day at more than one meeting shall be paid or reimbursed for only one of such meetings.
History: L. 1968, ch. 208, § 2; March 20.
The provisions of this act shall constitute authority for the director of accounts and reports to pay claims for compensation, allowances and expenses incurred by members of the senate committee on ways and means and the house committee on appropriations traveling or meeting pursuant to K.S.A. 46-134a and amendments thereto.
History: L. 1968, ch. 208, § 3; L. 1987, ch. 196, § 13; February 19.
Members of the legislature attending any meeting authorized in accordance with law shall receive for attendance at such meetings, compensation and travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212 and acts amendatory thereof or supplemental thereto.
History: L. 1968, ch. 208, § 4; L. 1971, ch. 184, § 41; May 1.
Nothing in article 32 of chapter 75 of Kansas Statutes Annotated shall be construed to limit the expenses when traveling in-state or out-of-state of the governor, any member of the legislature, any officer or employee of the legislative branch including the office of revisor of statutes or legislative research department, any officer or member of the interstate cooperation commission, any justice of the supreme court, any judge of the court of appeals, the judicial administrator, the clerk of the supreme court, any member of the state board of law examiners, any member of the commission on judicial qualifications, any judge of the district court, any elective state officer, any appointed state officer or employee when such appointive officer or employee is required by an elected state officer to accompany such elected state officer on an official trip or any designated employee of the governor while representing the governor at an out-of-state official function.
History: L. 1968, ch. 208, § 5; L. 1973, ch. 211, § 6; L. 1975, ch. 442, § 1; L. 1976, ch. 147, § 9; January 10, 1977.
Revisor's Note: Section transferred to 75-4360.
For any position in state service requiring professional, technical or unusual qualifications and where persons with such qualifications, after reasonable inquiry are found to be substantially unavailable within the state but qualified applicants have been or may be found in another state, the head of any state agency, as defined by K.S.A. 75-3701, may offer with the prior approval of the state finance council, to pay transportation and subsistence expenses for such applicants from their usual place of residence to the office of said agency head for interview. Such travel and subsistence shall be paid at the same rates and subject to the same limitations as now provided for state employees for out-of-state travel. Such travel and subsistence shall be paid from funds available or appropriated to such agency for travel and subsistence, and the director of accounts and reports is authorized to draw his or her warrant against the appropriate agency fund for payment of any such travel and subsistence upon submission to him or her of a duly itemized voucher therefor.
History: L. 1969, ch. 407, § 1; July 1.
History: L. 1969, ch. 407, § 2; L. 1975, ch. 443, § 1; L. 1994, ch. 274, § 13; Repealed, L. 1997, ch. 115, § 6; July 1.
History: L. 1969, ch. 407, § 3; Repealed, L. 1994, ch. 274, § 24; July 1.
History: L. 1969, ch. 407, § 4; Repealed, L. 1970, ch. 371, § 19; March 18.
History: L. 1969, ch. 402, § 3; Repealed, L. 1972, ch. 323, § 1; L. 1972, ch. 322, § 2; July 1.
(a) Whenever it is provided by law that a member of a board is to receive compensation as provided in this section, such member shall be paid per diem compensation of thirty-five dollars ($35) for each day of actual attendance at any meeting of such board or any subcommittee meeting authorized by such board. No per diem compensation shall be paid under this section to salaried state officers or employees except that whenever a member of the legislature is a member of a board he or she shall receive compensation as provided in K.S.A. 75-3212 and amendments thereto.
(b) Whenever it is provided by law that a member of a board is to be paid subsistence allowances as provided in this section, such member shall be paid subsistence allowances as provided in K.S.A. 75-3207, unless such member is also a member of the legislature, in which case such member shall be paid subsistence allowances as provided in K.S.A. 75-3212 and amendments thereto.
(c) Whenever it is provided by law that a member of a board shall be paid mileage as provided in this section, such member shall be paid the mileage rate prescribed under K.S.A. 75-3203a and amendments thereto for miles actually traveled in going to and returning from a meeting of such board (or any subcommittee meeting authorized by such board), computed in accordance with rules and regulations of the secretary of administration adopted under K.S.A. 75-3207.
(d) Whenever it is provided by law that a member of a board shall be paid expenses (in addition to mileage and subsistence), such member shall be paid actual and necessary expenses incurred in performing his or her statutory duties as such member in accordance with K.S.A. 75-3203 and amendments thereto and K.S.A. 75-3207 and rules and regulations of the secretary of administration adopted under K.S.A. 75-3207.
(e) Whenever it is provided by law that members of a board shall receive amounts provided for in [this] subsection (e) of K.S.A. 75-3223 and amendments thereto, such members shall receive subsistence allowances as provided in K.S.A. 75-3207 and amendments thereto, mileage at the rate prescribed under K.S.A. 75-3203a and amendments thereto and other actual and necessary expenses incurred in performing his or her statutory duties as such member in accordance with K.S.A. 75-3203 and amendments thereto and rules and regulations of the secretary of administration adopted under K.S.A. 75-3207, unless such member is a legislator in which case such legislator shall receive the compensation, subsistence allowances, mileage and other expenses authorized for legislators under subsections (a), (b), (c) and (d) of this section.
(f) "Board" as used in this section means any three or more public officers or other persons who are given by law a joint authority.
History: L. 1974, ch. 348, § 1; L. 1974, ch. 361, § 93; L. 1975, ch. 416, § 29; July 1.
History: L. 1980, ch. 275, § 2; L. 1994, ch. 274, § 14; Repealed, L. 1997, ch. 115, § 6; July 1.
(a) The head of any state agency, as defined by K.S.A. 75-3701, and amendments thereto, desiring qualified applicants for any position in state service which requires professional, technical, managerial or unusual qualifications may agree in writing to reimburse such an applicant for all or part of the applicant's moving expenses as an inducement to the applicant to accept employment with the state agency or pay such moving expenses to a firm providing moving services. The prior approval of the governor shall be required if the applicant resides out-of-state. The amount to be paid for moving expenses shall not exceed the amount of the actual moving expenses as verified by receipts.
(b) When state officers and employees are transferred within a state agency or transferred between state agencies, the agency head may authorize the payment of in-state moving expenses of such state officers and employees. Such expenses shall not be paid when a transfer is made primarily for the convenience or benefit of the employee or at the employee's request, or when the transfer results in the new official duty station being less than 25 miles from the old station.
(c) Moving expenses may include, but not be limited to, the cost of packing and transporting household goods and personal effects, temporary storage costs on household goods and personal effects for a period not to exceed 30 days, subsistence expenses while en route from the old residence to the new residence, subsistence expenses while occupying temporary quarters in the new location and the expenses of one premove trip to look for a new residence. State officers, employees and applicants receiving moving expenses shall be required to sign an agreement that if they leave the employment of the state agency within one year from the moving date or employment date, whichever is later, they will reimburse the state agency the full amount so paid for moving expenses and the obligation to so repay shall constitute a lien and setoff by the state against such state officer, employee or applicant employee's unpaid wages or salary. Such moving expenses shall be paid from moneys available or appropriated to the state agency. The director of accounts and reports is authorized to issue warrants against the appropriate agency fund for payment of any such moving expense upon submission to the director of a duly itemized voucher therefor.
(d) Pursuant to K.S.A. 75-3706, and amendments thereto, the secretary of administration may adopt rules and regulations regarding the payment of moving expenses of state officers and employees under this section, including procedures, conditions and limitations of payments.
(e) Each state agency which has incurred expenses under this section shall report the amount of such expenses to the chairpersons of the committee on appropriations of the house of representatives and the committee on ways and means of the senate on or before January 10, 1998, and January 10, 1999.
History: L. 1997, ch. 115, § 1; July 1.
The secretary of administration, by rules and regulations, shall fix the fees and provide for the collection of such fees for travel by the governor or the governor's family as authorized by subsection (a)(3) of K.S.A. 74-2105, and amendments thereto.
History: L. 2001, ch. 172, § 2; July 1.
(a) Notwithstanding any other provision of law, no state officer or employee shall be reimbursed for actual and necessary expenses incurred in the performance of such officer's or employee's duties from a governmental entity if such officer or employee is receiving a per diem subsistence allowance or any other type of reimbursement from another governmental entity for the reimbursement of expenses incurred in the performance of such officer's or employee's duties.
(b) As used in this section, "governmental entity" means an executive, legislative or judicial agency, department, board, commission, authority, institution or instrumentality of the federal government or of a state or of a county, municipality or other political subdivision of a state.
History: L. 2002, ch. 136, § 1; July 1.
(a) Employees of the state of Kansas who serve in the military reserves and are called to full-time military duty, mobilized and deployed on and after July 1, 2008, are hereby authorized to receive a one-time activation gross payment of $1,500.
(b) Employees of the state of Kansas who serve in the military reserves and are called to or currently on full-time military duty, mobilized and deployed on or after July 1, 2008, are hereby authorized to receive the difference between such employee's military base pay and such employee's regular state of Kansas employee wages when the military base pay is an amount less than the regular state employee wages not to exceed $1,000 gross payment per pay period.
(c) In order to receive any payment pursuant to this section, the eligible employee shall present a copy of such employee's orders, along with any required paperwork to the employing agency.
(d) As used in this section, "eligible employee" means an employee who is:
(1) A current benefits eligible state of Kansas employee in the military reserves, including unclassified temporary employees who are benefits eligible;
(2) activated to full-time military duty; and
(3) mobilized and deployed in excess of 30 consecutive days in support of a military operation.
The employee is eligible if in any of the following military reserve groups in the United States: The military branches and related services of the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, Coast Guard Reserve, Army or Air National Guard, Public Health Commissioned Corps, or other category of person designated by the President in time of war or emergency. The individual shall have been a state employee when mobilized and deployed.
(e) The secretary of administration shall adopt rules and regulations to implement the provisions of this section.
History: L. 2008, ch. 156, § 2; July 1.
History: L. 1939, ch. 202, § 1; L. 1947, ch. 425, § 1; L. 1949, ch. 446, § 1; L. 1953, ch. 391, § 2; Repealed, L. 1973, ch. 368, § 4; July 1.
History: L. 1953, ch. 391, § 1; Repealed, L. 1973, ch. 368, § 4; July 1.
History: L. 1949, ch. 446, § 2; L. 1963, ch. 428, § 1; L. 1969, ch. 226, § 7; Repealed, L. 1973, ch. 368, § 4; July 1.
History: L. 1949, ch. 446, § 3; L. 1957, ch. 451, § 1; Repealed, L. 1973, ch. 368, § 4; July 1.
History: L. 1949, ch. 446, § 4; Repealed, L. 1953, ch. 391, § 35; April 3.
History: L. 1949, ch. 446, § 5; L. 1953, ch. 391, § 3; L. 1973, ch. 369, § 38; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1949, ch. 446, § 6; L. 1953, ch. 391, § 4; L. 1961, ch. 418, § 1; L. 1974, ch. 348, § 91; L. 1975, ch. 416, § 20; L. 1975, ch. 462, § 118; L. 1985, ch. 280, § 1; Repealed, L. 1990, ch. 92, § 35; January 1, 1991.
History: L. 1949, ch. 446, § 7; L. 1953, ch. 391, § 5; L. 1961, ch. 418, § 2; L. 1973, ch. 369, § 39; L. 1985, ch. 280, § 2; Repealed, L. 1990, ch. 92, § 35; January 1, 1991.
The commissioner of mental health and developmental disabilities shall be allowed all actual traveling and necessary expenses incurred by the commissioner while in the discharge of official duties outside of the city of Topeka. The commissioner shall:
(1) Be the executive and administrative officer of mental health and developmental disabilities;
(2) be directly responsible for carrying out all the general policies of the secretary for aging and disability services and the duties of the Kansas department for aging and disability services relating to the management, operation and maintenance of the institutions operated by the commissioner, and the treatment, education, care and housing of the patients and residents in the institutions and the recruitment and training of the staff for the institutions;
(3) cooperate with the commissioners of adult and youth services for the purpose of coordinating the various social services with the work and programs of the institutions in accordance with policies established by the secretary;
(4) have, and may exercise, such other powers and perform such other duties as the secretary shall confer or impose upon the commissioner.
In case there is any apparent conflict between the powers of the superintendents or acting superintendents, and the powers of the secretary or the commissioner, the determination of such question by the secretary shall be final.
History: L. 1949, ch. 446, § 8; L. 1953, ch. 391, § 6; L. 1963, ch. 429, § 1; L. 1973, ch. 369, § 20; L. 1979, ch. 287, § 1; L. 1982, ch. 357, § 23; L. 1995, ch. 234, § 23; L. 2014, ch. 115, § 317; July 1.
The director of mental health and developmental disabilities, in cooperation with the secretary of health and environment, and with the approval of the secretary for aging and disability services, may assist a county in the establishment of outpatient mental health treatment centers or clinics by providing personnel in accordance with rules and regulations adopted by the secretary for aging and disability services.
History: L. 1957, ch. 346, § 1; L. 1973, ch. 369, § 40; L. 1975, ch. 462, § 119; L. 1995, ch. 234, § 24; L. 2014, ch. 115, § 318; July 1.
The secretary for children and families may adopt rules and regulations relating to all forms of social welfare.
History: L. 1939, ch. 202, § 4; L. 1949, ch. 446, § 9; L. 1953, ch. 391, § 7; L. 1973, ch. 369, § 41; L. 2014, ch. 115, § 319; July 1.
The secretary for aging and disability services is hereby designated as the state agency charged with the administration of the mental health program of the state of Kansas, and such secretary shall have primary responsibility for the state's mental health program, including preventive mental hygiene activities.
History: L. 1961, ch. 403, § 1; L. 1973, ch. 369, § 42; L. 2014, ch. 115, § 320; July 1.
L. 1967, ch. 468, § 1, included by reference. [Transferred certain described state owned lands from jurisdiction and control of the state board of social welfare to the state board of regents.]
History: L. 1967, ch. 468, § 1; July 1.
History: L. 1939, ch. 202, § 5; L. 1949, ch. 446, § 10; L. 1953, ch. 391, § 8; Repealed, L. 1967, ch. 434, § 69; July 1.
(a) The secretary for children and families, except as set forth in the Kansas administrative procedure act and subsections (f), (g), (h) and (i), shall provide a fair hearing for any person who is an applicant, client, inmate, other interested person or taxpayer who appeals from the decision or final action of any agent or employee of the secretary. The hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
It shall be the duty of the secretary for children and families to have available in all intake offices, during all office hours, forms for filing complaints for hearings, and appeal forms with which to appeal from the decision of the agent or employee of the secretary. The forms shall be prescribed by the secretary for children and families and shall have printed on or as a part of them the basic procedure for hearings and appeals prescribed by state law and the secretary for children and families.
(b) The secretary for children and families shall have authority to investigate: (1) Any claims and vouchers and persons or businesses who provide services to the secretary for children and families or to welfare recipients; (2) the eligibility of persons to receive assistance; and (3) the eligibility of providers of services.
(c) The secretary for children and families shall have authority, when conducting investigations as provided for in this section, to issue subpoenas; compel the attendance of witnesses at the place designated in this state; compel the production of any records, books, papers or other documents considered necessary; administer oaths; take testimony; and render decisions. If a person refuses to comply with any subpoena issued under this section or to testify to any matter regarding which the person may lawfully be questioned, the district court of any county, on application of the secretary, may issue an order requiring the person to comply with the subpoena and to testify, and any failure to obey the order of the court may be punished by the court as a contempt of court. Unless incapacitated, the person placing a claim or defending a privilege before the secretary shall appear in person or by authorized representative and may not be excused from answering questions and supplying information, except in accordance with the person's constitutional rights and lawful privileges.
(d) The presiding officer may close any portion of a hearing conducted under the Kansas administrative procedure act when matters made confidential, pursuant to federal or state law or regulation are under consideration.
(e) Except as provided in subsection (d) of K.S.A. 77-511, and amendments thereto, and notwithstanding the other provisions of the Kansas administrative procedure act, the secretary may enforce any order prior to the disposition of a person's application for an adjudicative proceeding unless prohibited from such action by federal or state statute, regulation or court order.
(f) Except as provided in this subsection, decisions and final actions relating to the administration of the support enforcement program set forth in K.S.A. 39-753 et seq., and amendments thereto, shall be exempt from the provisions of the Kansas administrative procedure act and subsection (a). Decisions and final actions relating to the support enforcement program may be reviewed pursuant to this section if the decision or final action relates directly to federal debt set-off activities or the person is specifically permitted by statute to request a fair hearing under this section.
(g) Decisions relating to administrative disqualification hearings shall be exempt from the provisions of the Kansas administrative procedure act and subsection (a).
(h) The Kansas department for children and families shall not have jurisdiction to determine the facial validity of a state or federal statute. An administrative law judge from the office of administrative hearings shall not have jurisdiction to determine the facial validity of an agency rule and regulation.
(i) The Kansas department for children and families shall not be required to provide a hearing if: (1) The Kansas department for children and families lacks jurisdiction of the subject matter; (2) resolution of the matter does not require the Kansas department for children and families to issue an order that determines the applicant's legal rights, duties, privileges, immunities or other legal interests; (3) the matter was not timely submitted to the Kansas department for children and families pursuant to rules and regulations or other provision of law; or (4) the matter was not submitted in a form substantially complying with any applicable provision of law.
History: L. 1939, ch. 202, § 6; L. 1947, ch. 425, § 7; L. 1949, ch. 447, § 1; L. 1972, ch. 325, § 1; L. 1973, ch. 186, § 33; L. 1984, ch. 320, § 1; L. 1988, ch. 356, § 302; L. 1989, ch. 283, § 21; L. 1997, ch. 182, § 77; L. 1997, ch. 182, § 91; L. 2014, ch. 115, § 321; July 1.
All deeds or other documents pertaining to titles to real estate in connection with institutions as defined in K.S.A. 76-12a01, and amendments thereto, shall be placed and remain in the custody of the secretary of state. The secretary for aging and disability services shall have custody and control of such land and the same shall belong to the state of Kansas. The secretary for aging and disability services may enter into lease agreements for real estate surplus to the immediate or long term need of any such institution.
History: L. 1939, ch. 202, § 7; L. 1949, ch. 446, § 11; L. 1953, ch. 375, § 65; L. 1963, ch. 254, § 1; L. 1969, ch. 425, § 1; L. 1972, ch. 326, § 1; L. 1973, ch. 369, § 31; L. 1973, ch. 370, § 1; L. 2014, ch. 115, § 322; July 1.
History: L. 1963, ch. 254, § 2; Repealed, L. 1973, ch. 369, § 51; July 1.
History: L. 1963, ch. 254, § 5; L. 1965, ch. 468, § 1; L. 1969, ch. 403, § 1; L. 1972, ch. 228, § 15; L. 1973, ch. 369, § 43; L. 1976, ch. 384, § 1; L. 1976, ch. 243, § 44; L. 1979, ch. 191, § 17; L. 1984, ch. 321, § 2; L. 1985, ch. 208, § 9; L. 1986, ch. 324, § 2; L. 1995, ch. 143, § 6; L. 2005, ch. 160, § 1; L. 2010, ch. 17, § 199; L. 2014, ch. 115, § 323; Repealed, L. 2016, ch. 105, § 20; July 1.
History: L. 1984, ch. 321, § 1; Repealed, L. 2016, ch. 105, § 20; July 1.
History: L. 1949, ch. 446, § 12; Repealed, L. 1973, ch. 368, § 4; July 1.
History: L. 1939, ch. 202, § 9; Repealed, L. 1973, ch. 368, § 4; July 1.
History: L. 1945, ch. 346, § 1; Repealed, L. 1968, ch. 316, § 1; July 1.
The state board of social welfare is hereby authorized to purchase, erect or lease buildings and to equip and furnish the same for use as a training school for rehabilitation of the blind and for such purpose is authorized to expend the sum of not to exceed $125,000 out of funds heretofore or hereafter allocated for the purpose of prevention of blindness, restoration of sight, and rehabilitation of the blind: Provided, If said sum is insufficient, the state board of social welfare is hereby authorized to expend, in addition thereto, a sum not to exceed $20,000 for such use and purpose and from funds so allocated.
History: L. 1947, ch. 269, § 1; L. 1949, ch. 448, § 1; April 9.
Revisor's Note: Later act, see 75-3317 through 75-3322.
History: L. 1949, ch. 278, § 1; L. 1951, ch. 455, § 1; Repealed, L. 1953, ch. 392, § 7; July 1.
Revisor's Note: Later act, see 75-3317 through 75-3322.
History: L. 1949, ch. 278, § 2; Repealed, L. 1953, ch. 392, § 7; July 1.
The title to any real estate acquired under authority of K.S.A. 76-12a08 shall vest in the state of Kansas for the use and benefit of the institution named as the grantee or devisee, or in case no institution is named, then for the use and benefit of mental health and developmental disabilities.
History: L. 1951, ch. 461, § 1; L. 1965, ch. 468, § 2; L. 1973, ch. 369, § 44; L. 1995, ch. 234, § 25; January 1, 1996.
Any property, real or personal, acquired under the provisions of K.S.A. 76-12a08 or 75-3314, and amendments thereto, may be sold and the title thereto conveyed to the purchaser by the secretary for aging and disability services when the same is approved by concurrent resolution, appropriation act or other act of the legislature. Before any such sale of real estate, or any interest therein, shall be made, such secretary shall cause the interest in the real estate proposed to be sold to be appraised by three disinterested persons, acquainted with land values in the county where the land is located. Such appraisement shall be in writing and filed with the secretary. Thereafter, the secretary shall solicit sealed bids by public notice inserted in one publication in a newspaper of general circulation in the county where the land is situated, and authorized by law to publish legal notices.
The sale shall be made to the highest responsible bidder who submits such person's bid within 30 days after publication of such notice, except that in no case shall the real estate be sold for less than ¾ of the appraised value thereof. The secretary may reject any and all bids, and, in any case, new bids may be called for as in the first instance. When a bid has been accepted, the acceptance thereof shall be made a part of the records of the secretary. Upon acceptance of any such bid, a deed conveying such real estate shall be executed by the secretary, and duly acknowledged by the secretary before any officer authorized by law to take acknowledgments. The deed shall contain a recital of all proceedings in compliance with this act, and the recital shall be prima facie evidence that the proceedings were had in the manner and form recited.
History: L. 1951, ch. 461, § 2; L. 1973, ch. 369, § 45; L. 2014, ch. 115, § 324; July 1.
All moneys, and the proceeds from the sale, lease, or use of any property, acquired under K.S.A. 75-3314, for the benefit of a particular institution, without restriction as to use, shall be deposited in the state treasury to the credit of the fee fund of said institution. Any grant of money or property made subject to conditions imposed by the donor, grantor, or testator, may be accepted by the secretary and in accordance with K.S.A. 76-12a08 used or expended in the manner required or under the conditions of the gift, grant or bequest.
History: L. 1951, ch. 461, § 3; L. 1955, ch. 369, § 1; L. 1973, ch. 369, § 46; July 1.
As used in K.S.A. 75-3317 through 75-3322, and amendments thereto, unless the context requires otherwise:
(a) "Director of purchases" means the director of purchases of the department of administration;
(b) "qualified vendor" means a not-for-profit entity incorporated in the state of Kansas that:
(1) Employs persons who are blind or disabled and who reside in Kansas. Persons who are employed by a third-party entity other than the vendor are not employed by the vendor for purposes of this section;
(2) does business primarily in Kansas or substantially all of its production in Kansas;
(3) is operated in the interest of and for the benefit of persons who are blind or have other severe disabilities, or both;
(4) the net income of such entity shall not, in whole or any part, financially benefit any shareholder or other individual; and
(5) such qualified vendor's primary purpose shall be to provide employment for persons who are blind or have other severe disabilities;
(c) "state agency" means any state office or officer, department, board, commission, institution, bureau or any agency, division or any unit within an office, department, board, commission or other state authority;
(d) "unified school district" means any unified school district, board of education or any purchasing cooperative formed by one or more unified school districts;
(e) "committee" means the state use law committee authorized pursuant to K.S.A. 75-3322c, and amendments thereto;
(f) "municipality" has the meaning ascribed thereto in K.S.A. 75-6102, and amendments thereto; and
(g) "persons who are disabled" means any person of employable age whose disability, whether physical or mental, congenital or acquired by accident, injury or disease, is a substantial barrier to employment.
History: L. 1953, ch. 392, § 1; L. 1972, ch. 327, § 1; L. 1979, ch. 288, § 1; L. 1980, ch. 272, § 2; L. 1982, ch. 358, § 1; L. 1985, ch. 281, § 1; L. 1988, ch. 301, § 24; L. 2005, ch. 193, § 1; L. 2014, ch. 138, § 1; L. 2017, ch. 64, § 1; July 1.
History: L. 1953, ch. 392, § 1; L. 1972, ch. 327, § 1; L. 1979, ch. 288, § 1; L. 1980, ch. 272, § 2; L. 1982, ch. 358, § 1; L. 1985, ch. 281, § 1; L. 1988, ch. 301, § 24; L. 2005, ch. 188, § 1; Repealed, L. 2006, ch. 129, § 3; April 27.
History: L. 1953, ch. 392, § 2; L. 1972, ch. 327, § 2; L. 1974, ch. 348, § 92; L. 1975, ch. 416, § 21; L. 1979, ch. 288, § 2; Repealed, L. 1988, ch. 301, § 33; July 1.
(a) The director of purchases shall, with the recommendation of the committee, approve prices of products manufactured or processed, and of services offered under K.S.A. 75-3317 through 75-3322, and amendments thereto, by qualified vendors. All of the products and services shall be standard conforming. Those products and services offered for purchase by or for a state agency shall meet specifications required by the director of purchases. Those products offered for purchase by or for a unified school district shall meet specifications required by the board of education of the unified school district. The director of purchases shall revise the prices determined under this section from time to time in accordance with changing market conditions.
(b) Each qualified vendor shall cooperate with and shall provide the director of purchases with all information necessary for the administration of K.S.A. 75-3317 through 75-3322, and amendments thereto.
(c) The provisions of K.S.A. 75-3317 through 75-3322, and amendments thereto, shall apply only to products manufactured or processed in Kansas or services provided in Kansas by a qualified vendor.
(d) The provisions of K.S.A. 75-3317 through 75-3322, and amendments thereto, shall not be construed to require a unified school district to purchase services offered by qualified vendors under this act.
History: L. 1953, ch. 392, § 3; L. 1972, ch. 327, § 3; L. 1979, ch. 288, § 3; L. 1985, ch. 281, § 2; L. 1988, ch. 301, § 25; L. 2005, ch. 193, § 2; July 1.
History: L. 1953, ch. 392, § 3; L. 1972, ch. 327, § 3; L. 1979, ch. 288, § 3; L. 1985, ch. 281, § 2; L. 1988, ch. 301, § 25; L. 2005, ch. 188, § 2; Repealed, L. 2006, ch. 129, § 3; April 27.
(a) The qualified vendors shall furnish to the director of purchases and the committee a list of products manufactured or processed and of services offered under K.S.A. 75-3317 through 75-3322, and amendments thereto, by qualified vendors.
The director of purchases may amend such list in accordance with the recommendations of the committee. The list of products and services shall be reviewed and approved by the director of purchases.
(b) Each qualified vendor shall publish or cause to be published, a catalog of approved products manufactured or processed and of services offered under K.S.A. 75-3317 through 75-3322, and amendments thereto, by each such vendor. After the catalog is published, the director of purchases may amend such list in accordance with recommendations of the committee.
(c) Each qualified vendor shall provide appropriate notice to state agencies and unified school districts of the addition or deletion of any product or service provided by a qualified vendor after the publication of the catalog, provided the additional product or service has been approved by the director of purchases.
History: L. 1953, ch. 392, § 4; L. 1972, ch. 327, § 4; L. 1979, ch. 288, § 4; L. 1985, ch. 281, § 3; L. 1987, ch. 340, § 1; L. 1988, ch. 301, § 26; L. 2001, ch. 5, § 380; L. 2005, ch. 193, § 3; July 1.
History: L. 1953, ch. 392, § 4; L. 1972, ch. 327, § 4; L. 1979, ch. 288, § 4; L. 1985, ch. 281, § 3; L. 1987, ch. 340, § 1; L. 1988, ch. 301, § 26; L. 2001, ch. 5, § 380; L. 2005, ch. 188, § 3; Repealed, L. 2006, ch. 129, § 3; April 27.
The director of purchases and any person or officer authorized to purchase materials, supplies and services for any state agency or unified school district shall purchase, except as otherwise provided in this section, the products and services on the list certified by the director of purchases from qualified vendors, when those products are to be procured by or for the state or unified school district or when those services are to be procured by or for the state. Services offered for purchase are not required to be purchased by a unified school district. The person or officer authorized to purchase materials, supplies and services for any municipality may purchase the products and services on the list certified by the director of purchases for qualified vendors.
History: L. 1953, ch. 392, § 5; L. 1972, ch. 327, § 5; L. 1979, ch. 288, § 5; L. 1985, ch. 281, § 4; L. 1988, ch. 301, § 27; L. 2005, ch. 188, § 4; L. 2014, ch. 138, § 2; July 1.
(a) Whenever the qualified vendors are unable to supply the products or services needed or are unable to meet delivery requirements on any order or requisition, a written waiver shall immediately be forwarded to the director of purchases by the state agency procurement officer or purchasing officer of the unified school district. If approved by the director of purchases, such waiver shall relieve and exempt the state or unified school district purchasing authority from the mandatory provisions of K.S.A. 75-3317 to 75-3322, inclusive, and amendments thereto, in the case of the specific order, request or requisition.
(b) Whenever a unified school district has purchased or has entered into contracts for purchase for a substantial amount of a product or products, as described in K.S.A. 75-3320, and amendments thereto, from a qualified vendor or vendors during a unified school district fiscal year, the unified school district may petition the director of purchases for a waiver. A waiver may be granted to a unified school district from any further compliance with the state use law for the remainder of such unified school district fiscal year if the director of purchases, with the recommendation and approval of the committee, finds that purchases have been made or contracts for purchase have been entered into for a substantial amount of such product or products from a qualified vendor or vendors during such unified school district fiscal year. In determining whether a unified school district has purchased or has entered into contracts for purchase for a substantial amount of such product or products, the director of purchases and the committee shall consider the overall need for such product or products by such unified school district.
History: L. 1953, ch. 392, § 6; L. 1972, ch. 327, § 6; L. 1979, ch. 288, § 6; L. 1985, ch. 281, § 5; L. 2005, ch. 193, § 4; July 1.
History: L. 1953, ch. 392, § 6; L. 1972, ch. 327, § 6; L. 1979, ch. 288, § 6; L. 1985, ch. 281, § 5; L. 2005, ch. 188, § 5; Repealed, L. 2006, ch. 129, § 3; April 27.
On or before January 1, 2006, and annually thereafter, qualified vendors shall publish an annual report which shall be submitted to the governor, state legislature, director of purchases, state board of regents and Kansas association of school boards that updates and describes the volume of sales for each product or service sold as well as a summary of waivers requested and issued under the provisions of K.S.A. 75-3317 through 75-3322, and amendments thereto.
History: L. 2005, ch. 193, § 5; July 1.
(a) There is hereby established within the department of administration, the state use law committee, hereafter referred to as the committee, to advise the director of purchases on issues surrounding the purchase of products and services provided by blind or disabled persons, which shall consist of nine members.
(b) The state use law committee shall be composed of the following members:
(1) Two members shall be appointed by the united school administrators of Kansas, one of whom shall represent small unified school districts and one of whom shall represent large unified school districts.
(2) One member shall be appointed by the state board of regents.
(3) One member shall be appointed by the state director of purchases.
(4) One member, who is an advocate for the blind and disabled in Kansas, shall be appointed by the governor.
(5) Two members who are qualified vendors shall be appointed by the governor.
(6) Two members of the Kansas legislature, one legislator shall be a member of the majority party and one legislator shall be a member of the minority party, and shall be appointed by the governor.
(c) Members shall serve for terms of two years and may be reappointed. On July 1 of each year, or as soon thereafter as possible, the committee shall elect a member to serve as a chairperson of the committee. Subsequent appointments shall be made as provided for original appointments for the unexpired terms.
(d) Members of the committee who are members of the Kansas legislature shall be paid amounts as provided in K.S.A. 75-3223(e), and amendments thereto. Otherwise, members of the committee shall serve without reimbursement.
(e) The committee shall be responsible for advising the director of purchases on issues surrounding the provisions of K.S.A. 75-3317 through 75-3322, and amendments thereto, including, but not limited to, the following functions:
(1) The development of waiver guidelines to be followed by qualifying agencies and unified school districts for participation under the provisions of K.S.A. 75-3317 through 75-3322, and amendments thereto.
(2) Product and service eligibility process used by the director of purchases for state use law products and services.
(3) Review the threshold dollar amount of purchases by state agencies or unified school districts for state use law to apply.
(4) Review provisions of K.S.A. 75-3317 through 75-3322, and amendments thereto, on any purchase from a qualified vendor that is determined by the director of purchases to be a substantially higher cost than the purchase would have cost had it been competitively bid.
(5) Adopt rules, regulations and policies to assure fair and effective implementation of this act, including appropriate rules and regulations relating to violations of K.S.A. 75-3317 through 75-3322, and amendments thereto.
(6) Establish procedures for setting fair market prices for items included on the procurement list and revision of products and prices in accordance with the changing market conditions to assure that the prices established are reflective of the market.
(7) Assist qualified vendors in identifying and improving marketing efforts of the products manufactured or processed and offered for sale and services offered under K.S.A. 75-3317 through 75-3322, and amendments thereto, to state agencies and unified school districts.
(8) Encourage and assist the director of purchases, state agencies and unified school districts to identify additional commodities and services that may be purchased from qualified nonprofit agencies not participating in the state use law catalog.
(9) Any other issue identified by any interested party.
(f) The committee shall maintain a registry of entities which meet the definition of qualified vendor, as defined by K.S.A. 75-3317, and amendments thereto.
(g) The director of purchases shall convene quarterly meetings with qualified vendors, the state use law committee and agencies to discuss activity occurring under the state use law.
(h) On July 1, 2029, the state use law committee is hereby abolished.
History: L. 2005, ch. 193, § 6; L. 2009, ch. 10, § 1; L. 2014, ch. 138, § 3; L. 2019, ch. 6, § 1; L. 2024, ch. 80, § 4; July 1.
(a) The secretary for children and families is hereby authorized and empowered, upon the conditions hereinafter provided, to lease, for a term not exceeding 20 years, by proper written instrument, upon behalf of the state of Kansas, signed by the secretary for children and families and approved by the attorney general and the director of purchases of the department of administration of the state of Kansas, unto the wheatbelt area girl scout council of Kansas, inc. the following described tract or parcel of land located in Pawnee county, Kansas, containing approximately 42.93 acres, more or less, and being a part of the Larned state hospital grounds in such county and state, and more definitely described as follows, to wit:
A tract of land lying within the southwest quarter (SW ¼) of section thirty-five (35), township twenty-one (21) south, and the northwest quarter (NW ¼) of section two (2), township twenty-two (22) south, both range seventeen (17) west of the 6th P.M. in Pawnee county, Kansas, described as follows, to wit: Commencing at a point on the southern end of a line whose approximate bearing is S 5°15′ east, and whose northern end lies 525 feet east of the west quarter section corner of section 35, and whose southern end lies 2841.5 feet southeast of the east and west quarter section line of section 35 (this southern point being the southeast corner of the present boy scout camp and lies approximately 825 feet east of the west line of section 2 and approximately 200 feet south of the south line of section 35) for a place of beginning; thence northeast on a line having an interior angle of 54°21′ for a distance of 1165 feet to a point 3½ feet east of a drain ditch bank; thence northwest on a line having an interior angle of 101°47′ for a distance of 420 feet to a point 15′′ east of same drain ditch bank; thence northwest on a line having an interior angle of 182°49′ for a distance of 330 feet to a point 3½ feet east of same drain ditch bank; thence northwest on a line having an interior angle of 197°22′ for a distance of 450 feet to a point 3½ feet east of same drain ditch bank; thence north on a line having an interior angle of 162°23′ for a distance of 930 feet to a point on the east and west quarter section line of section 35; thence west along the said quarter section line for a distance of 799 feet (this point falling 457 feet east of the west quarter section corner of section 35); thence south 35 feet; thence southeast along the present fence boundary of the boy scout camp for a distance of 2806.5 feet to place of beginning; for the purpose of a camp site for use in conducting camping programs under responsible and trained camp supervisors for the girl scouts of America. Such lease shall contain a provision authorizing the state of Kansas to sell or lease and reserving all mine and mineral rights to such lands and a termination clause that in the event such lands ever shall cease to be used for the camping purposes above specified, which purposes shall be set forth in such lease, then the lease shall expire and become null and void and the possession thereof shall immediately revert to the state of Kansas. Notwithstanding the above condition relating to the use of such land for camping purposes, the lessee shall be entitled to sublease a portion of such land to any licensed day care center for an amount not to exceed the reasonable costs of maintaining any structures located on such land which are used by such day care center and the reasonable costs of utility services provided to such day care center, the payment of which is to be assumed by the girl scout council or the lessee may sublease such land to Pawnee county for park and recreational purposes deemed appropriate by the board of county commissioners.
(b) Upon the expiration of any lease entered pursuant to subsection (a), the secretary for children and families shall convey by deed such tract of land described in subsection (a) to Pawnee county for park and recreational purposes deemed appropriate by the board of county commissioners. Such deed shall contain a reversionary clause that in the event that such land ever shall cease to be used for such purposes, which purposes shall be set forth in such deed, then the title thereto and the possession thereof immediately shall revert to the state of Kansas.
(c) Liability for damages resulting from the use of the property described in this section shall be subject to the limitation of subsection (o) of K.S.A. 75-6104, and amendments thereto.
History: L. 1955, ch. 393, § 1; L. 1971, ch. 276, § 1; L. 1976, ch. 385, § 1; L. 1990, ch. 313, § 1; L. 2014, ch. 115, § 325; July 1.
(a) The wheatbelt area girl scout council of Kansas, inc. is hereby authorized and requested upon conditions hereinafter provided to convey by a deed of proper conveyance to Pawnee county, the following described tract or parcel of land located in Pawnee county, Kansas, containing approximately 32.91 acres, more or less, and being a part of the Larned state hospital grounds in such county and state, and more definitely described as follows, to wit: "A tract of land lying in section 35, township 21 south, and section 2, township 22 south, all of range 17 west of the sixth principal meridian, in Pawnee county, Kansas, described by metes and bounds as follows, to wit: Beginning at the southwest corner of the northwest quarter (NW ¼) of section 35, in township 21 south, of range 17 west of the sixth principal meridian, in Pawnee county, Kansas; thence south along the west section line of said section 35, 377 feet to the left bank of Pawnee creek; thence along the left bank of Pawnee creek to a point approximately 200 feet south of the south line of said section 35, and approximately 825 feet east of the west section line of section 2, in township 22 south, of range 17 west of the sixth principal meridian, in Pawnee county, Kansas (this point is on a prominent, high and narrow point of land near the left bank of Pawnee creek 30 feet east of a large cottonwood tree and 20 feet north of a large elm tree marked by a 20 penny spike in its trunk); thence in a northwesterly direction 2,806.5 feet to a point 457 feet due east and 35 feet due south of the place of beginning; thence 35 feet due north, thence 457 feet due west to the place of beginning"; for park and recreational purposes deemed appropriate by the board of county commissioners. The deed shall contain a reversionary clause that in the event such land ever shall cease to be used for such purposes, which purposes shall be set forth in the deed, then the title thereto and the possession thereof shall immediately revert to the state of Kansas.
(b) Liability for damages resulting from the use of the property described in this section shall be subject to the limitation of subsection (o) of K.S.A. 75-6104 and amendments thereto.
History: L. 1972, ch. 328, § 1; L. 1990, ch. 313, § 2; March 8.
L. 1961, ch. 399, § 1, included by reference. [Authorized the state board of social welfare to construct an addition to port of entry building near Muncie, Kansas.]
History: L. 1961, ch. 399, § 1; April 19.
L. 1961, ch. 398, § 1, included by reference. [The state board of social welfare authorized to reimburse the Kansas Association for the blind for money expended to construct port of entry building addition at Lenexa.]
History: L. 1961, ch. 398, § 1; April 17.
L. 1961, ch. 397, § 1, included by reference. [The state board of social welfare authorized to construct addition to rehabilitation center for the blind building in Topeka.]
History: L. 1961, ch. 397, § 1; June 30.
L. 1961, ch. 400, § 1, included by reference. [The state board of social welfare authorized to purchase station wagon.]
History: L. 1961, ch. 400, § 1; April 19.
Whenever it is found by the secretary for aging and disability services that any person admitted to any institution operated by the commissioner of community services and programs or by the commissioner of youth services requires specialized diagnosis, treatment or care not available at the institution where the person resides and that the specialized diagnosis, treatment or care is available at another institution operated by the secretary for aging and disability services, such person upon the order of the commissioner of community services and programs or the commissioner of youth services, as appropriate, shall be transferred to such other institution for the purpose of receiving the specialized diagnosis, treatment or care available there and when the purposes for which the person was transferred have been fulfilled, the person shall be returned to the original institution.
Any person transferred as provided in this section shall remain subject to the same statutory provisions as were applicable at the institution from which that person was transferred and in addition thereto shall abide by and be subject to all the rules and regulations of the institution to which such person has been transferred. The person's next of kin and guardian, if one has been appointed, shall be notified of the transfer and if the person has been committed to the original institution by a court notice shall be sent to the committing court. Except in cases of emergency, the notice shall be given at least two weeks prior to the date of the transfer. If the person objects to the transfer to another institution, either personally or through a guardian, then the regular procedure for admission or commitment to the receiving institution shall be followed.
History: L. 1961, ch. 434, § 1; L. 1982, ch. 357, § 24; L. 1995, ch. 234, § 26; L. 2014, ch. 115, § 326; July 1.
As used in this act:
(a) "Board" means the secretary for aging and disability services.
(b) "State institution" means institution as defined in K.S.A. 76-12a01, and amendments thereto.
(c) "Child" or "children" means a person or persons under the age of 18.
(d) "Private children's home" means any licensed home, institution or charitable organization which is operated by a corporation organized under the laws of this state which the secretary finds has and maintains adequate facilities and is properly staffed to provide adequate care, custody, education, training and treatment for any child which the secretary may place therein under the authority of this act, or a licensed foster care home, boarding home, personal care home or nursing home.
History: L. 1965, ch. 290, § 1; L. 1972, ch. 161, § 19; L. 1973, ch. 369, § 47; L. 2000, ch. 150, § 33; L. 2014, ch. 115, § 327; July 1.
The board is authorized to place any child committed to or received at a state institution in a private children's home. The board may enter into contractual agreements with any private children's home to provide adequate care, custody, education, training and treatment for any child so placed and to pay the costs of said care, custody, education, training and treatment if the costs are not paid by the child's parents or guardian or if the child is not eligible to receive assistance under K.S.A. 39-709, or any amendments thereto. Any such contract shall be for a period of not to exceed five (5) years but the same may be renewed upon its expiration.
History: L. 1965, ch. 290, § 2; June 30.
History: L. 1965, ch. 290, § 3; Repealed, L. 1969, ch. 224, § 9; July 1.
History: L. 1967, ch. 456, §§ 1, 2; Repealed, L. 1973, ch. 369, § 51; July 1.
History: L. 1967, ch. 456, § 3; L. 1968, ch. 34, § 1; Repealed, L. 1973, ch. 369, § 51; July 1.
History: L. 1969, ch. 225, § 1; L. 1973, ch. 369, § 48; L. 1977, ch. 105, § 24; L. 1982, ch. 357, § 25; L. 1982, ch. 182, § 142; Repealed, L. 1996, ch. 229, § 163; July 1, 1997.
History: L. 1972, ch. 329, § 1; L. 1973, ch. 369, § 49; L. 1980, ch. 299, § 2; L. 1982, ch. 357, § 26; L. 1982, ch. 182, § 143; Repealed, L. 1996, ch. 229, § 163; July 1, 1997.
History: L. 1969, ch. 405, § 1; L. 1973, ch. 369, § 50; Repealed, L. 1996, ch. 229, § 163; July 1, 1997.
History: L. 1977, ch. 291, § 1; L. 1982, ch. 357, § 27; Repealed, L. 1996, ch. 229, § 163; July 1, 1997.
For the purpose of providing blind persons with remunerative employment, enlarging the economic opportunities of the blind, and stimulating the blind to greater efforts in striving to make themselves self-supporting, blind persons licensed under the provisions of 20 U.S.C. § 107, of 1936, and amendments thereto, an act of the congress of the United States of America commonly known as the Randolph-Sheppard vending stand act, shall be authorized to operate vending facilities on any state, county and city or other property. In authorizing the operation of vending facilities on state, county and city property preference shall be given, so far as feasible, to blind persons licensed by the division of services for the blind of the Kansas department for children and families; and the head of each department or agency in control of the maintenance, operation and protection of state property shall, after consultation with the secretary for children and families, prescribe regulations designed to assure such preference, including exclusive assignment of vending machine income to achieve and protect such preference for such licensed blind persons without adversely affecting the interests of the state of Kansas.
History: L. 1970, ch. 362, § 1; L. 2014, ch. 115, § 328; July 1.
As used in this act, unless the context otherwise requires: (a) The term "state of Kansas" shall include political subdivisions of the state of Kansas, except schools, cities of the third class and townships.
(b) The term "blind person" means a person whose central visual acuity does not exceed 20 over 200, in the better eye with correcting lens or whose visual acuity if better than 20 over 200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees.
(c) The term "vending facility" includes, but is not limited to, automatic vending machines, cafeterias, snack bars, cart service, shelters, counters and such other appropriate auxiliary equipment as rules and regulations of the division of services for the blind of the Kansas department for children and families prescribe and as are necessary for the sale of the articles or services referred to in paragraph (4) of subsection (a) of K.S.A. 75-3339, and amendments thereto, which are, or may be operated by blind licensees.
History: L. 1970, ch. 362, § 2; L. 1970, ch. 361, § 1; L. 2014, ch. 115, § 329; July 1.
(a) The division of services for the blind of the Kansas department for children and families shall:
(1) Make surveys of concession vending opportunities for blind persons on state, county, city and other property;
(2) make surveys throughout the state of Kansas of industries with a view to obtaining information that will assist blind persons to obtain employment;
(3) make available to the public, especially to persons and organizations engaged in work for the blind, information obtained as a result of such surveys;
(4) issue licenses to blind persons who are citizens of the United States for the operating of vending facilities on state, county, city and other property for the vending of foods, beverages and other such articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, as determined by the licensing agency; and
(5) take such other steps, including the adoption of rules and regulations, as may be necessary and proper to carry out the provisions of this act.
(b) The division of services for the blind, in issuing each such license for the operation of a vending facility, shall give preference to blind persons who are in need of employment. Each such license shall be issued for an indefinite period but may be terminated by such division if it is satisfied that the facility is not being operated in accordance with the rules and regulations prescribed by such division. Such licenses shall be issued only to applicants who are blind as defined by K.S.A. 75-3338(b), and amendments thereto.
(c) The division of services for the blind, with the approval of the head of the department or agency in control of the maintenance, operation, and protection of the state, county and city or other property on which the vending facility is to be located but subject to rules and regulations prescribed pursuant to the provisions of this act, shall select a location for such vending facility and the type of facility to be provided.
(d) In the design, construction or substantial alteration or renovation of each public building after July 1, 1970, for use by any department, agency or instrumentality of the state of Kansas, except the Kansas department of wildlife and parks and the Kansas turnpike authority, there shall be included, after consultation with the division of services for the blind a satisfactory site or sites with space and electrical and plumbing outlets and other necessary requirements suitable for the location and operation of a vending facility or facilities by a blind person or persons. No space shall be rented, leased or otherwise acquired for use by any department, agency or instrumentality of the state of Kansas after July 1, 1970, except the Kansas department of wildlife and parks and the Kansas turnpike authority, unless such space includes, after consultation with the division of services for the blind, a satisfactory site or sites with space and electrical and plumbing outlets and other necessary requirements suitable for the location and operation of a vending facility or facilities by a blind person or persons. All departments, agencies and instrumentalities of the state of Kansas, except the Kansas department of wildlife and parks and the Kansas turnpike authority, shall consult with the secretary for children and families or the secretary's designee and the division of services for the blind in the design, construction or substantial alteration or renovation of each public building used by them, and in the renting, leasing or otherwise acquiring of space for their use, to insure that the requirements set forth in this subsection are satisfied. This subsection shall not apply when the secretary for children and families or the secretary's designee and the division of services for the blind determine that the number of people using the property is insufficient to support a vending facility.
History: L. 1970, ch. 362, § 3; L. 1970, ch. 361, § 2; L. 1989, ch. 118, § 187; L. 2012, ch. 47, § 116; L. 2014, ch. 115, § 330; L. 2023, ch. 7, § 130; July 1.
There is hereby established the vending facilities account, to which shall be credited all moneys received by or for the secretary for children and families in connection with the program authorized by K.S.A. 75-3337 et seq., and amendments thereto. All such moneys shall be deposited in a bank account designated by the pooled money investment board. Checks may be written upon such bank account for such program upon the signature of a person or persons designated by the secretary for children and families. Moneys of the vending facilities account shall not be in or a part of the state treasury but shall be subject to post audit under article 11 of chapter 46 of Kansas Statutes Annotated, and amendments thereto.
History: L. 1974, ch. 359, § 1; L. 1976, ch. 58, § 5; L. 2014, ch. 115, § 331; July 1.
(a) The division of services for the blind of the Kansas department for children and families shall:
(1) Provide for each licensed blind person such vending facility equipment, and adequate initial stock of suitable articles to be vended therefrom as may be necessary. Such equipment and stock may be owned by the division of services for the blind, or by the blind individual to whom the license is issued. If ownership of such equipment is vested in the blind licensee:
(A) The division of services for the blind shall retain a first option to repurchase such equipment; and
(B) in the event such individual dies or for any other reason ceases to be a licensee or transfers to another vending facility, ownership of such equipment shall become vested in the division of services for the blind, for transfer to a successor licensee, subject to an obligation on the part of the division of services for the blind to pay to such individual or to such individual's estate the fair value of such individual's interest therein as later determined in accordance with rules and regulations of the division of services for the blind and after opportunity for a fair hearing.
(2) If any funds are set aside, or caused to be set aside, from the proceeds of the operation of the vending facilities such funds shall be set aside, or caused to be set aside, only to the extent necessary for and may be used only for the purposes of: (A) Maintenance and replacement of equipment; (B) the purchase of new equipment; (C) management services; and (D) assuring a fair minimum return to operators of vending facilities. In no event shall the amount of such funds to be set aside from the proceeds of any vending facility exceed a reasonable amount as determined by the provisions of 20 U.S.C. § 107, of 1936, and amendments thereto, an act of congress commonly known as the Randolph-Sheppard vending stand act.
(3) If inventories are required by the division of services for the blind to be made of the stock and supplies of vending facilities, permit the licensed operator to elect to make such licensed operator's own inventories and report the same on forms furnished by the division. Inventory of each vending facility shall be made at least once every four months. In the event of the election of the licensed operator to make such licensed operator's own inventory, the division shall have the right to take an inventory of the vending facility at any mutually agreeable time.
(4) Issue such rules and regulations, consistent with the provisions of this chapter, as may be necessary for the operation of this program.
(5) Provide to any blind licensee dissatisfied with any action arising from the operation or administration of the vending facility program an opportunity for a fair hearing, including binding arbitration by three persons consisting of one person designated by the director of the division of services for the blind, one person designated by the licensed blind operator and a third person selected by the two.
(6) In employing any personnel as may be necessary for the operation of the vending facility program give preference to blind persons who are capable of discharging the required duties, except that the licensed operator of a vending facility shall have final authority to hire and to discharge employees of the licensed operator's vending facility.
(b) Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1970, ch. 362, § 4; L. 1988, ch. 356, § 303; L. 2014, ch. 115, § 332; July 1.
(a) An arbitration board of three persons consisting of one person designated by the vending facilities advisory committee who shall serve as chairperson, one person designated by the head of the state department or agency controlling state property over which a dispute arises, and a third person who is not an employee of the departments concerned selected by the two shall hear appeals as provided in subsection (b) of this section.
(b) If, in the opinion of the division of services for the blind any department or agency in control of the maintenance, operation, and protection of state property is failing to comply with the provisions of this act, or any regulations issued thereunder, it shall appeal to the board. The board shall, within 30 days' written notice of appeal, conduct a hearing and render its decision which shall be in writing and shall be binding. If the board determines that the acts or practices of any such department or agency are in violation of this act, or the regulations issued thereunder, the head of the affected department or agency shall promptly cause such acts or practices to be terminated, and shall take such other action as may be necessary to carry out the decision of the board. All decisions of the board shall be published.
History: L. 1970, ch. 362, § 5; L. 1984, ch. 322, § 1; July 1.
Notwithstanding other provisions of this act, any blind person suffering legal wrong because of any agency action, or adversely affected or aggrieved by such action within the meaning of this act or other relevant statutes, shall be entitled to and shall have standing for judicial review thereof in accordance with the Kansas judicial review act.
History: L. 1970, ch. 362, § 6; L. 1986, ch. 318, § 137; L. 2010, ch. 17, § 200; July 1.
There is hereby established a vending facilities advisory committee to the division of services for the blind consisting of five members who shall be designated and certified annually by the board of directors of the Randolph-Sheppard vendors of Kansas, inc., a nonprofit organization of blind vending facilities operators, and the director of the division of services for the blind shall meet with said advisory committee at least one time annually for the purpose of mutual advice and consultation; and the actual expenses incurred by the members of said advisory committee in attendance of such meetings are hereby authorized to be reimbursed by said division of services for the blind: Provided, Special meetings may be called upon the written request of the director of the division of services for the blind which special meeting shall convene within fifteen (15) days of the making of such written request: And provided further, Expenses incurred by the members of said committee in their attendance of special meetings convened at their request shall not be reimbursed as hereinbefore stated.
History: L. 1970, ch. 362, § 7; July 1.
(a) The division of services for the blind of the Kansas department for children and families, in cooperation with the department of transportation, is authorized to operate vending machines at rest and recreation areas and in safety rest areas, constructed or located on rights-of-way of the interstate highways in the state of Kansas, as authorized by subsection (b) of 23 U.S.C. § 111.
(b) As used in this section, "vending machine" means a coin or currency operated machine which dispenses articles or services.
(c) The provisions of this section shall not apply to any highway under the jurisdiction of the Kansas turnpike authority.
History: L. 1991, ch. 209, § 1; L. 2014, ch. 115, § 333; July 1.
The state board of social welfare may sell and convey the following described property in Miami county, Kansas: The south half (S ½) southeast quarter (SE ¼) and the south half (S ½) of the north half (N ½) of the southeast quarter (SE ¼) of section one (1), township eighteen (18), range twenty-two (22), Miami county, Kansas, containing 120 acres, more or less; and the east half (E ½) of the southwest quarter (SW ¼) of section one (1), township eighteen (18), range twenty-two (22), Miami county, Kansas, excepting the following described tract: Beginning at the northwest corner of the southeast quarter (SE ¼) of the southwest quarter (SW ¼) of said section (1); thence south 1 chain 23½ links; thence south 18 degrees east 4 chains and 92½ links; thence south 44½ degrees east 6 chains and 94 links; thence north 9 chains and 87 links; thence west 7 chains and 53 links to the place of beginning, except the following which are reserved for later disposition:
(a) A permanent easement for controlled access highway right-of-way and removal of borrow material over and upon a tract of land in the east half of the southwest quarter of section 1, township 18 south, range 22 east of the 6th P.M., described as follows: Beginning at the northeast corner of said quarter section; first course, thence south 89 degrees 20 minutes west, 57.9 feet along the north line of said quarter section; second course, thence south 50 degrees 53 minutes west, 570.7 feet; third course, thence north 61 degrees 10 minutes west, 299.1 feet; fourth course, thence north 70 degrees 09 minutes west to the northwest corner of said east half of the southwest quarter section; fifth course, thence south 02 degrees 10 minutes east, 229.7 feet along the west line of said east half of the southwest quarter section; sixth course, thence south 78 degrees 05 minutes east, 284.5 feet; seventh course, thence south 57 degrees 38 minutes east, 509.2 feet; eighth course, thence south 23 degrees 16 minutes west to a point on the south line, 346.3 feet east of the southwest corner of the north half of the east half of the southwest quarter section; ninth course, thence north 88 degrees 23 minutes east, 150.7 feet along said south line; tenth course, thence south 00 degrees 12 minutes west, 651.4 feet; eleventh course, thence north 44 degrees 30 minutes west, 358.9 feet; twelfth course, thence south 17 degrees 52 minutes west to a point on the west line, 355.7 feet north of the southwest corner of said east half of the southwest quarter section; thirteenth course, thence south 01 degree 56 minutes east, 355.7 feet along said west line to the south line of said quarter section; fourteenth course, thence north 89 degrees 28 minutes east, 315.6 feet along said south line; fifteenth course, thence north 17 degrees 52 minutes east, 576.7 feet; sixteenth course, thence on a curve of 4,183.22 feet radius to the right, an arc distance of 473.3 feet with a chord which bears north 21 degrees 07 minutes east, 473.1 feet; seventeenth course, thence north 32 degrees 20 minutes east, 285.3 feet; eighteenth course, thence north 44 degrees 55 minutes east, 556.1 feet; nineteenth course, thence south 58 degrees 17 minutes east to a point on the east line, 1,074.1 feet south of the northeast corner of said quarter section; twentieth course, thence north 02 degrees 18 minutes west, 1,074.1 feet along said east line to the place of beginning. The above contains 31.77 acres, more or less, exclusive of the existing highway. Lands abutting said highway shall have no right or easement of access thereto, provided, however, that the remaining lands shall abut upon and have access to said highway over and across the following described courses: Beginning at a point 100.0 feet south 61 degrees 10 minutes east from the end of said 'third' course and extending north 61 degrees 10 minutes west, 100.0 feet; also, beginning at the beginning of said 'seventh' course and extending south 57 degrees 38 minutes east, 280.0 feet; also, all of said 'fourth' and 'sixth' courses.
(b) A permanent easement for controlled access highway right-of-way and removal of borrow material over and upon a tract of land in the south half of the southeast quarter and the south half of the north half of the southeast quarter of section 1, township 18 south, range 22 east of the 6th P.M., described as follows: Beginning at a point on the west line, 660.0 feet south of the northwest corner of said quarter section; first course, thence south 02 degrees 18 minutes east, 414.1 feet along said west line; second course, thence south 58 degrees 17 minutes east, 180.2 feet; third course, thence on a curve of 1,050.91 feet radius to the right, an arc distance of 747.1 feet with a chord which bears south 32 degrees 04 minutes east, 731.5 feet; fourth course, thence south 11 degrees 42 minutes east, 204.7 feet; fifth course, thence on a curve of 913.51 feet radius to the left, an arc distance of 732.2 feet with a chord which bears south 34 degrees 40 minutes east, 712.8 feet; sixth course, thence south 20 degrees 14 minutes east, 36.0 feet; seventh course, thence south 01 degree 24 minutes east, 25.0 feet to a point on the south line, 936.9 feet east of the southwest corner of said quarter section; eighth course, thence north 88 degrees 36 minutes east, 713.7 feet along said south line; ninth course, thence north 01 degree 24 minutes west, 25.0 feet; tenth course, thence north 79 degrees 43 minutes west, 222.3 feet; eleventh course, thence on a curve of 748.51 feet radius to the right, an arc distance of 989.74 feet with a chord which bears north 53 degrees 31 minutes west, 919.2 feet; twelfth course, thence north 00 degrees 47 minutes east, 199.9 feet; thirteenth course, thence north 24 degrees 34 minutes west, 320.8 feet; fourteenth course, thence on a curve of 1,215.91 feet radius to the left, an arc distance of 610.5 feet with a chord which bears north 38 degrees 03 minutes west, 604.1 feet; fifteenth course, thence north 47 degrees 21 minutes west, 225.5 feet; sixteenth course, thence north 36 degrees 10 minutes east to a point 660.0 feet south and 270.1 feet east of the place of beginning; seventeenth course, thence south 89 degrees 40 minutes west, 270.1 feet to the place of beginning. The above contains 9.72 acres, more or less, exclusive of the existing highway. Lands abutting said highway shall have no right or easement of access thereto, provided, however, that the remaining lands shall abut upon and have access to said highway over and across the following described courses: Beginning at the end of said 'second' course and extending north 58 degrees 17 minutes west, 74.6 feet; also, beginning at the beginning of said 'fifteenth' course and extending north 47 degrees 21 minutes west, 74.6 feet; also, all of said 'third,' 'fourth,' 'fifth,' 'sixth,' 'tenth,' 'eleventh,' 'twelfth,' 'thirteenth' and 'fourteenth' courses.
History: L. 1973, ch. 383, § 1; March 12.
The instruments of conveyance of the property authorized to be sold and conveyed in K.S.A. 75-3344, and amendments thereto, shall be executed in the name of the state board of social welfare by its chairman and secretary. Before such sale shall be made, such board shall cause such property to be appraised by three disinterested appraisers, which appraisement shall be in writing and filed with the secretary of the board, and shall advertise for sealed bids thereon for not less than 30 days by publication in a newspaper of general circulation in Miami county, Kansas, and authorized by law to publish legal notices. Such sale or sales shall be made to the highest responsible bidder, except that such board may reject any and all bids, and in any such case, new bids may be called for as in the first instance. Each bid shall be accompanied by a certified check in the amount of 5% of such bid which sum shall be forfeited in case of default by any bidder whose bid is accepted. In no event shall any of such property be sold for less than ¾ of the amount of the appraisement thereof. When any of such property shall be sold, the proceeds thereof, after deduction of the expenses of such sale or sales, 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. 1973, ch. 383, § 2; L. 2001, ch. 5, § 381; July 1.
The secretary of social and rehabilitation services is hereby authorized to release, remit and remise by quitclaim deed to the department of health, education and welfare of the United States of America real estate situated in Saline county, Kansas, described as follows: The east five hundred eighty and five tenths feet (580.5') of block six (6) of the Schilling subdivision to the city of Salina, Saline county, Kansas, and located in the northeast quarter (NE ¼) of section three (3), township fifteen (15) south, range three (3) west of the sixth principal meridian in Saline county, Kansas, together with improvements on all of the above described real estate.
History: L. 1974, ch. 357, § 1; L. 1975, ch. 444, § 1; March 8.
The instruments of conveyance quitclaiming, releasing and remising the real estate described in K.S.A. 75-3346, and amendments thereto, shall be executed in the name of the secretary for children and families. The secretary shall execute the quitclaim deed for the reason that such real estate is no longer needed or used for purposes which existed on the date the United States of America, grantor, conveyed such real estate and appurtenances to the Kansas department for children and families.
History: L. 1975, ch. 444, § 2; L. 2014, ch. 115, § 334; July 1.
(a) The secretary of social and rehabilitation services shall convey to unified school district No. 413, Neosho county, Kansas, the following described state property adjacent to the grounds of southeast Kansas tuberculosis hospital, consisting of approximately 33.67 acres, and described as follows: That portion of the southwest quarter of the southeast quarter (SW ¼ SE ¼) of section 19, township 27 south, range 18 east of the 6th p.m., Neosho county, Kansas, commencing at the southwest corner thereof, thence north along the west line thereof to the northwest corner thereof, thence east along the north line thereof to the northeast corner thereof, thence south 415 feet, thence west 300 feet, thence south to the south line thereof, thence west to the point of beginning, less the highway right-of-way adjacent to the south side of said tract.
(b) The deed conveying the above-described land shall be approved by the attorney general and shall be executed by the secretary of social and rehabilitation services. Such deed shall provide that in the event the above-described land shall cease to be used for school purposes, then all right, title and interest in such land shall revert to the state of Kansas.
History: L. 1975, ch. 423, § 1; July 1.
(a) The secretary of social and rehabilitation services is hereby authorized to convey, without consideration, to the Kansas fish and game commission the following described state property located in Shawnee county, Kansas:
A tract of land in the northwest quarter of section 26, township 11 south, range 15 east of the sixth principal meridian described as follows: Beginning at a point on the west line of said northwest quarter 1061.00 feet north of the southwest corner; thence east 30.0 feet to a point 1060.5 feet north of the south line of said quarter section; thence easterly 312.5 feet to a point 1068.9 feet north of said south line; thence easterly 241.5 feet to a point 970.6 feet north of said south line; thence easterly 424.6 feet to a point 952.1 feet north of said south line; thence easterly to a point on the east line of the west half of the northwest quarter 959.3 feet north of the southeast corner of the west half of the northwest quarter section; thence north 110.7 feet along the east line of the west half of said northwest quarter; thence east 100.0 feet; thence north, 100.0 feet east of and parallel to the east line of the west half of the northwest quarter to the south bank of the Kansas River; thence westerly along the south bank of the Kansas River to the west line of said northwest quarter; thence south along the west line of said northwest quarter to the point of beginning, except Chicago, Rock Island and Pacific Railway right-of-way, and except any road right-of-way across said tract, containing 16.9 acres more or less.
A tract of land in the northeast quarter of section 26, township 11 south, range 15 east of the sixth principal meridian described as follows: Commencing at the southwest corner of the northeast quarter of section 26; thence north along the west line of said quarter 1070.0 feet; thence east 120.0 feet to a point 1070.2 feet north of the south line of said northeast quarter; thence northeasterly 1179.7 feet to a point 1415.1 feet north of said south line; thence north 201.6 feet to the point of beginning, said point of beginning being on the east line of property previously deeded to the City of Topeka and on the north right-of-way line of interstate highway 70; thence northeasterly along a curve of 2993.13 feet radius to the right to a point 1733.7 feet north and 951.5 feet west of the southeast corner of said quarter section; thence northeasterly 308.5 feet to a point 1824.1 feet north of the south line of said quarter section; thence northeasterly 504.4 feet to a point 187.7 feet west of the east line of said quarter section; thence northwesterly 25.0 feet to a point 195.3 feet west of said east line; thence northwesterly 154.5 feet to a point 324.1 feet west of said east line; thence northeasterly 30.0 feet to the southerly right-of-way line of the Chicago, Rock Island and Pacific Railway; thence westerly along the southerly right-of-way line of the said railway to a point 100.0 feet east of the east line of property previously deeded to the City of Topeka; thence northerly, and 100.0 feet east of and parallel to the City of Topeka property line to the south bank of the Kansas River; thence westerly along the south bank of the Kansas River to the said City of Topeka east property line; thence south along said City of Topeka property line to the point of beginning, except Chicago, Rock Island and Pacific Railway right-of-way, and except any road right-of-way across said tract, containing 7.5 acres more or less.
(b) The deed conveying the above described land shall be approved by the attorney general and shall be executed by the secretary of social and rehabilitation services.
History: L. 1979, ch. 268, § 1; April 13.
The secretary of social and rehabilitation services shall convey to the city of Parsons, Kansas, by a deed of proper conveyance the following described state property: That tract of land beginning 1099 feet south of the northeast corner of the northwest quarter of section 13, in township 31, of range 19, Labette county, Kansas, thence south 117 feet, thence east 1030 feet to the railroad right-of-way, thence north 117 feet, thence west 1030 feet to the place of beginning; for the purpose of using such property as public parklands.
The deed conveying the above-described land shall be approved by the attorney general and shall be executed by the secretary of social and rehabilitation services. Said deed shall contain a reversionary clause that in the event such lands ever shall cease to be used for the purpose hereinbefore specified, which purpose shall be set forth in such deed, then the title thereto and the possession thereof shall immediately revert to the state of Kansas.
History: L. 1979, ch. 265, § 1; March 7.
The secretary of administration is hereby authorized to sell and convey on behalf of the state of Kansas in the manner hereinafter provided the following described land situated in the county of Mitchell, State of Kansas:
A tract of land commencing at the Northeast corner of the Northeast Quarter of Section Four (4), Township Seven (7) South, Range Seven (7) West of the 6th P.M.; thence Westerly on the section line approximately 927 feet; thence Southerly 548.3 feet; thence Westerly to the U.S. Highway 24 Right-of-Way line; thence along said Right-of-Way line southeasterly to the South line of the Northeast one-fourth (NE ¼) of the Northeast one-fourth (NE ¼) of the above cited section; thence Easterly along such line to the Southeast corner of the Northeast one-fourth (NE ¼) of the Northeast one-fourth (NE ¼) of above cited section; thence Northerly along the section line to the point of beginning.
History: L. 1979, ch. 271, § 1; L. 2000, ch. 149, § 3; June 1.
(a) Before any property is sold under the provisions of this act, the real estate described in K.S.A. 75-3351, and amendments thereto, shall be appraised by three disinterested appraisers acquainted with land values in the county in which such land is located and appointed as provided in K.S.A. 75-3043a, and amendments thereto. The appraisal shall be in writing and filed with the secretary, and the cost of the appraisal shall be paid from the proceeds of the sale.
(b) Upon the filing of such appraisal the secretary of administration shall proceed to sell the real estate described in K.S.A. 75-3351, and amendments thereto, in accordance with this section. The secretary of administration shall develop and adopt procedures for the sale of the real estate described in K.S.A. 75-3351, and amendments thereto. The procedures adopted for such sale may prescribe competitive bidding procedures, public auction, public requests for proposals and negotiation with interested parties or such other process as may be deemed by the secretary of administration to be in the best interests of the state in consultation with the commissioner of juvenile justice. The procedures may include provisions for bid bonds or such other sureties as may be required thereunder.
(c) Conveyance of title in such real estate offered for sale by the secretary of administration in accordance with this section shall be executed on behalf of the state of Kansas by the secretary of administration. The deed for the conveyance may be by warranty deed or by quitclaim deed as determined to be in the best interests of the state by the secretary of administration in consultation with the commissioner of juvenile justice.
(d) The proceeds of the sale of such real estate under this section, after deduction of the expenses of such sale and the cost of the appraisal of the real estate, 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. The amount deducted for the expenses of such sale and the cost of the appraisal shall be credited to the property contingency fund of the department of administration.
History: L. 1979, ch. 271, § 2; L. 2000, ch. 149, § 4; L. 2001, ch. 5, § 382; July 1.
(a) The secretary of social and rehabilitation services shall convey, without consideration, to Neosho county, Kansas, the following described state property consisting of approximately 2.196 acres: That portion of section 19, township 27 south, range 18 east of the sixth principal meridian in Neosho county, Kansas, commencing at a point 690 feet west of the southeast corner of the section, thence west along the south line of the section 215 feet, thence in a northerly direction 445 feet, thence in an easterly direction 215 feet to a point 690 feet west of the east line of the section, thence south 445 feet to the point of beginning.
(b) The deed conveying the land described in subsection (a) shall be approved by the attorney general and shall be executed by the secretary of social and rehabilitation services. The deed shall provide that in the event the land described in subsection (a) ceases to be used for hospital purposes, then all right, title and interest in the land shall revert to the state of Kansas. Neosho county shall be responsible for all drainage problems on the land described in subsection (a). The conveyance of land authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a.
History: L. 1981, ch. 317, § 1; July 1.
(a) As used in this section, "ward" means any child committed to or in the custody of the secretary for children and families.
(b) There is hereby established the wards' trust fund. The secretary for children and families shall designate one or more employees to manage and be in charge of the wards' trust fund and subsidiary accounts thereof. All moneys in the possession of the secretary belonging to wards shall be within the wards' trust fund. The persons in charge of the wards' trust fund shall maintain a separate subsidiary account for each ward having any money in the wards' trust fund.
(c) All moneys received that are within the wards' trust fund shall be deposited in a bank account in a bank designated by the pooled money investment board. The persons in charge of the wards' trust fund shall be the persons authorized to write checks on such bank account.
(d) The persons in charge of the wards' trust fund may withdraw money from such bank account and deposit amounts in savings accounts of a bank or savings and loan association which is insured by the federal government or agency thereof and designated by the pooled money investment board for this purpose. Interest earned on money deposited in savings accounts under this subsection shall be distributed proportionately to each subsidiary account of the wards' trust fund.
(e) Moneys in the wards' trust fund and in all subsidiary accounts thereof shall not be in or a part of the state treasury but shall be subject to post audit under the legislative post audit act.
(f) The wards' account established by former K.S.A. 38-828a is hereby continued in existence as the wards' trust fund established by this section. The use and management of the wards' account and subsidiary accounts thereof in the manner prescribed by former K.S.A. 38-828a during the period from January 1, 1983, until the effective date of this act is hereby ratified but shall be subject to post audit under the legislative post audit act. Whenever the wards' account established by former K.S.A. 38-828a or any subsidiary account thereof is mentioned by statute, contract or other document, the reference shall be deemed to apply to the wards' trust fund or the appropriate subsidiary account thereof, respectively.
History: L. 1983, ch. 139, § 1; L. 2014, ch. 115, § 335; July 1.
(a) The secretary of social and rehabilitation services is hereby authorized to sell and convey on behalf of the state of Kansas in the manner hereinafter provided the following described real estate:
A tract of land and the improvements thereon located in the North ½ of Section 4, Township 7 South, Range 7 West of the 6th P.M. in Mitchell county, Kansas, described as follows: Beginning at a point on the center section line 92.3 feet South of the N ¼ corner of Section 4, thence Easterly along the highway right-of-way line 478 feet to a point 98.0 feet South of the North line of Section 4, thence South parallel to the West line of the NE ¼ of Section 4, 451.4 feet, thence West 260.0 feet, thence South 234.0 feet, thence West 217.7 feet to a point on the West line of the NE ¼, thence North along the center section line (West line of the NE ¼) 692.7 feet to the point of beginning.
(b) The real estate described in subsection (a) shall be sold and conveyed subject to an easement granted to the city of Beloit on October 31, 1973. That portion of such real estate which is subject to such easement is described as follows: Commencing at a point formed by the intersection of the South right-of-way line of US Highway 24 with the East right-of-way line of Walnut Street, extended North; thence Easterly along the said South right-of-way line of US Highway 24 a distance of 100 feet; thence Southerly on a line parallel to and 100 feet East of the East right-of-way line of said Walnut Street, extended North, a distance of 100 feet; thence Westerly on a line parallel to and 100 feet South of the South right-of-way line of US Highway 24 a distance of 100 feet to intersect with the East right-of-way line of Walnut Street, extended North; thence Northerly along the said East line of the right-of-way of Walnut Street, extended North, a distance of 100 feet to the point of beginning. All references to US Highway 24 and Walnut Street being as described in the recorded plat of the city of Beloit, in Mitchell county, Kansas.
(c) The secretary of social and rehabilitation services is hereby authorized to sell and convey the real estate described in subsection (a) to unified school district No. 273, Mitchell county, Kansas, for a purchase price to be negotiated and agreed upon by the secretary and the board of education of the unified school district.
(d) The deed conveying the real estate described in subsection (a) shall be executed and duly acknowledged by the secretary before an officer authorized by law to take acknowledgments. Such deed shall be approved as to form by the attorney general. When such real estate is sold, the proceeds thereof shall be paid into the state treasury to the credit of the state general fund.
(e) The sale and conveyance authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a, and amendments thereto.
History: L. 1984, ch. 300, § 1; L. 1989, ch. 268, § 1; April 13.
(a) The secretary of social and rehabilitation services is hereby authorized to convey, without consideration, to the Kansas department of transportation the following described state property located in Shawnee county, Kansas:
A tract of land in the west half of the northwest quarter of section 26, township 11 south, range 15 east described as follows: Beginning at a point on the west line 190.0 feet north of the southwest corner of said quarter section; first course, thence north along said west line 871.0 feet; second course, thence east, 30.0 feet to a point 1,060.5 feet north of the south line of said quarter section; third course, thence easterly, 312.5 feet to a point 1,068.9 feet north of said south line; fourth course, thence southeasterly 241.5 feet to a point 970.6 feet north of said south line; fifth course, thence easterly, 424.6 feet to a point 952.1 feet north of said south line; sixth course, thence easterly to a point on the east line 959.3 feet north of the southeast corner of said west half of the northwest quarter section; seventh course, thence south along said east line 249.1 feet; eighth course, thence westerly 613.0 feet to a point 615.4 feet north of said south line; ninth course, thence southwesterly 121.2 feet to a point 566.6 feet north of said south line; tenth course, thence south to a point 190.0 feet north of said south line; eleventh course, thence west to the place of beginning.
(b) The deed conveying the above described land shall be approved by the attorney general and shall be executed by the secretary of social and rehabilitation services. The conveyance of land authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a and amendments thereto.
History: L. 1986, ch. 313, § 1; May 8.
(a) The secretary of social and rehabilitation services is hereby authorized to sell and convey on behalf of the state of Kansas in the manner hereinafter provided the following described real estate: A tract of land in the northeast quarter of section 26, township 11 south, range 15 east of the 6th P.M., city of Topeka, Shawnee county, Kansas, more particularly described as: Beginning at a point on the east line of said northeast quarter 2,168.89 feet north of the southeast corner of said northeast quarter, said point being on the north right of way line of the Chicago, Rock Island, and Pacific railroad; thence westerly on the north right of way line of the Chicago, Rock Island and Pacific railroad to a point 160.00 feet east of the city of Topeka property; thence northerly and parallel with the east line of the city of Topeka property to the south bank of the Kansas river; thence easterly on the south bank of the Kansas river to the east line of said northeast quarter; thence south on the east line of said northeast quarter 351.62 feet, more or less, to the point of beginning. The above described tract contains 5.5 acres, more or less.
(b) Before any property shall be sold under the provisions of this act, the real estate described in subsection (a) shall be appraised by three disinterested appraisers acquainted with real estate values in Shawnee county and appointed as provided in K.S.A. 75-3043a and amendments thereto. Such appraisement shall be in writing and filed with the secretary, and the cost of the appraisement may be paid from the proceeds of the sale. Upon the filing of such appraisement the secretary of social and rehabilitation services shall advertise for sealed bids on the real estate described in subsection (a) for not less than three consecutive weeks by publication in the Kansas register. Subject to the approval of the governor, such sale shall be made to the highest responsible bidder whose bid is submitted within 30 days after the last publication of such notice. The secretary or governor may reject any and all bids, and in case all bids are rejected, bids may be called for again as in the first instance. Each bid shall be accompanied by a certified check in the amount of 5% of such bid which sum shall be forfeited in case of default by any bidder whose bid is accepted. In no event shall such real estate be sold for less than the appraisement thereof.
(c) Upon acceptance of any such bid, a deed conveying such real estate shall be executed and duly acknowledged by the secretary before an officer authorized by law to take acknowledgments. Such deed shall contain a recital of all proceedings in compliance with this act, and such recital shall be prima facie evidence that the proceedings were had in the manner and form recited. Such deed shall be approved as to form by the attorney general.
(d) When such real estate is sold, the proceeds thereof, after deduction of the expenses of such sale and the cost of the survey and the appraisement of the real estate, shall be paid into the state treasury to the credit of the state general fund.
History: L. 1987, ch. 326, § 1; July 1.
(a) The secretary of social and rehabilitation services shall convey to the Shawnee community mental health center the following described state property located in the city of Topeka, Shawnee county, Kansas, described as follows:
A tract of land situate in the southeast quarter of section 26, township 11 south, range 15 east of the 6th principal meridian, in Shawnee county, Kansas, more particularly described as follows: Commencing at the southwest corner of the southeast quarter; thence on a bearing of north 00°15'09" east, along the west line of the southeast quarter, a distance of 1,148.90 feet to the point of beginning; thence continuing on a bearing of north 00°15'09" east, along the west line, a distance of 654.21 feet; thence on a bearing of north 89°08'13" east, a distance of 278.01 feet; thence on a bearing of south 01°03'45" east, a distance of 497.95 feet; thence on a bearing of south 43°17'11" west, a distance of 233.28 feet; thence on a bearing of north 85°55'06" west, a distance of 130.48 feet to the point of beginning. The above described tract contains 4.033 acres, more or less. Said tract of land is subject to all restrictions, reservations, easements, and covenants of record, if any.
(b) Such land shall be used for construction and operation of facilities to provide services and treatment for the mentally ill and drug and alcohol dependent persons.
(c) The deed conveying the above-described land shall be approved by the attorney general and shall be executed by the secretary of social and rehabilitation services. Such deed shall provide that in the event the above-described land shall cease to be used by the Shawnee community mental health center, or its successors, then all right, title and interest in such land shall revert to the state of Kansas.
History: L. 1989, ch. 249, § 1; April 13.
The secretary of social and rehabilitation services is authorized to sell and convey or lease on behalf of the state of Kansas the following described real estate otherwise known as the Kansas City workshop for the blind:
A tract of land situated in the southwest quarter (SW ¼) of the southeast quarter (SE ¼) of section 28, township 10 south, range 25 east of the sixth principal meridian, in Wyandotte county, Kansas, commonly known as 925 Sunshine Road, Kansas City, Kansas, and more particularly described as follows: Beginning at a point in the south line of Sunshine Road (formerly White Eagle Road) as originally established 66 feet, that is 483 feet distant east, measured at right angles, from the north and south center line of said section 28; thence east along the south line of Sunshine Road as originally established 66 feet wide a distance of 183.0 feet; thence southeasterly along a straight line which forms an angle of 45 degrees 4 minutes from east to south with said south line of Sunshine Road as originally established, a distance of 38.13 feet, more or less, to a point 693 feet distant east, measured at right angles, from said north and south center line of section 28; thence south along a straight line parallel with and 393 feet distant east, measured at right angles, from said north and south center line of section 28, a distance of 36.62 feet; thence southerly and southwesterly along a tangent curve to the right, having a radius of 340.0 feet, a distance of 400.59 feet, more or less, to a point 483 feet distant east, measured at right angles, from said north and south center line of section 28; thence north along a straight line parallel with and 483 feet distant east, measured at right angles, from said north and south center line of section 28, a distance of 376.95 feet, more or less, to the point of beginning; containing an area of 60,611 square feet, more or less; subject to all covenants, restrictions, rights, liens and claims that shall run with the land.
History: L. 1990, ch. 297, § 1; July 1.
(a) The secretary may sell or lease the real estate described in K.S.A. 75-3359 for one dollar and other good and valuable consideration and without the necessity of appraisal, bid or publication.
(b) In the event that the real estate described in K.S.A. 75-3359 is not continuously used as a workshop for the blind and operated by a charitable not-for-profit organization, ownership of the real estate shall automatically revert back to the state of Kansas. The title to the real estate shall revert back to the state of Kansas immediately upon discovery that the property is being used for an unintended purpose or is being operated by other than a charitable not-for-profit organization.
History: L. 1990, ch. 297, § 2; July 1.
The secretary may sell or lease such personal property located on or at the real estate described in K.S.A. 75-3359 for one dollar and other good and valuable consideration and without the necessity of appraisal, bid or publication. Sale or lease of such personal property pursuant to this act shall be exempt from the requirements of K.S.A. 75-6601 et seq. and amendments thereto (the state surplus property act).
History: L. 1990, ch. 297, § 3; July 1.
The proceeds from the sale or lease of any property under the provisions of this act, after deducting the expenses of such sale or lease, shall be paid into the state treasury to the credit of the state general fund.
History: L. 1990, ch. 297, § 4; July 1.
(a) The secretary of social and rehabilitation services is hereby authorized to convey, without consideration, to the city of Topeka, Kansas, the following described state property located in Shawnee county, Kansas:
A tract of land in the northwest quarter of section 11, township 12 south, range 15 east of the 6th principal meridian in the city of Topeka, Shawnee county, Kansas, more particularly described as follows: Commencing at the northeast corner of such northwest quarter; thence west along the north line of such quarter section a distance of 1,017.1 feet; thence south along the west property line a distance of 30.00 feet to the true point of beginning; thence south along such west line a distance of 25.00 feet; thence east parallel to and 55.00 feet south of the north line of such quarter section to a point on the east line; thence north along such east line for a distance of 25.00 feet; thence west to the point of beginning, containing 0.58 acre of land, more or less.
(b) The deed conveying the above described land shall be approved by the attorney general and shall be executed by the secretary of social and rehabilitation services. Such deed shall provide that in the event the above-described land is not used for the purpose of widening southwest 21st street in the city of Topeka, Kansas, then all right, title and interest in such land shall revert to the state of Kansas. The conveyance of land authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a and amendments thereto.
History: L. 1991, ch. 252, § 1; July 1.
(a) The secretary of social and rehabilitation services is hereby authorized to sell and convey on behalf of the state of Kansas in the manner hereinafter provided the following described real estate, including any improvement thereon: A part of fractional section 14, township 11, south-range 15, east of the 6th p.m. described as follows: Beginning at the southwest corner of said section which is the northwest corner of Kaw Half Breed Reserve No. 3; thence north along the east line of Kaw Half Breed Reserve No. 2, 1107.15 feet to the northwest corner of said fractional section 24; thence east along the north line of said fractional section, 1158.57 feet; thence south 1106.67 feet to the north line of said Reserve No. 3; thence west 1156.60 feet to the point of beginning. Containing 29.42 acres, more or less, all in Shawnee county, Kansas.
(b) Before any property shall be sold under the provisions of this act, the real estate described in subsection (a) shall be appraised by three disinterested appraisers acquainted with real estate values in Shawnee county and appointed as provided in K.S.A. 75-3043a and amendments thereto. Such appraisement shall be in writing and filed with the secretary, and the cost of the appraisement may be paid from the proceeds of the sale. Upon the filing of such appraisement the secretary of social and rehabilitation services shall publish a notice for not less than three consecutive weeks in the Kansas register describing the real estate authorized to be sold by subsection (a), and stating the date, time and place at which such property shall be sold at auction. Subject to the approval of the governor, such sale shall be made to the highest responsible bidder whose bid is equal to or exceeds the appraisement. The secretary or governor may reject any and all bids, and in case all bids are rejected, the secretary shall again give notice that the property will be sold at auction, in the manner provided for the original offer for sale. In no event shall such real estate be sold for less than the appraisement thereof.
(c) Upon acceptance of any such bid, a deed conveying such real estate shall be executed and duly acknowledged by the secretary before an officer authorized by law to take acknowledgments. Such deed shall contain a recital of all proceedings in compliance with this act, and such recital shall be prima facie evidence that the proceedings were had in the manner and form recited. Such deed shall be approved as to form by the attorney general.
(d) When such real estate is sold, the proceeds thereof, after deduction of the expenses of such sale and the cost of the survey and the appraisement of the real estate, shall be paid into the state treasury to the credit of the state general fund.
History: L. 1994, ch. 177, § 1; July 1.
(a) The secretary of social and rehabilitation services is hereby authorized to sell and convey on behalf of the state of Kansas in the manner provided by this act the following described real estate: The southwest Quarter of Section 24; Township 22, Range 13 in Stafford County, Kansas. The above described property being that which was willed to the state of Kansas by Otto Hitz following the life estate created for Delmar Lee Hitz.
(b) When the real estate described in subsection (a) is sold, the proceeds thereof, after deduction of the expenses of such sale and the cost of the survey and the appraisal of the real estate, 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 with ½ being credited to the Parsons state hospital patient benefit fund and ½ being credited to the Kansas neurological institute patient benefit fund.
History: L. 1998, ch. 127, § 3; L. 2001, ch. 5, § 383; L. 2001, ch. 165, § 1; July 1.
(a) The secretary of social and rehabilitation services is hereby authorized to sell and convey on behalf of the state of Kansas in the manner provided by this act the following described real estate: A part of Section 3, Township 15, Range 3; however, the city has approved a preliminary plat in which the subject property will be legally described as, "Lots 15, 16, 17, and 18, in Block 12, Schilling Subdivision No. 5, City of Salina, Saline County, Kansas."
(b) When the real estate described in subsection (a) is sold, the proceeds thereof, after deduction of the expenses of such sale and the cost of the survey and the appraisal of the real estate, shall be deposited in the state treasury to the credit of the social welfare fund.
History: L. 1998, ch. 127, § 4; April 30.
(a) Before any property shall be sold under the provisions of this act, the real estate described in K.S.A. 75-3365 and 75-3366 shall be appraised by three disinterested appraisers who shall be appointed as provided in K.S.A. 75-3043a, and amendments thereto. Such appraisals shall be in writing and filed with the secretary of social and rehabilitation services, and the cost of the appraisals may be paid from the proceeds of the sales. Upon the filing of such appraisals, the secretary of social and rehabilitation services shall advertise for public auction or sealed bids on the real estate described in K.S.A. 75-3365 and 75-3366 for not less than three consecutive weeks by publication in the Kansas register. Subject to the approval of the governor, such sales shall be made to the highest responsible bidder whose bid is submitted within 30 days after the last publication of such notice. The secretary of social and rehabilitation services or the governor may reject any and all bids, and in case all bids are rejected, bids may be called for again as in the first instance. Each bid shall be accompanied by a certified check in the amount of 5% of such bid which sum shall be forfeited in case of default by any bidder whose bid is accepted.
(b) Upon acceptance of any such bid, a deed conveying such real estate shall be executed and duly acknowledged by the secretary before an officer authorized by law to take acknowledgments. Such deed shall contain a recital of all proceedings in compliance with this act, and such recital shall be prima facie evidence that the proceedings were had in the manner and form recited. Such deed shall be approved as to form by the attorney general.
History: L. 1998, ch. 127, § 5; April 30.
(a) The secretary of the department of social and rehabilitation services is authorized to convey, without consideration, to the Miami county mental health center the following described state property located in Miami county, Kansas, containing 12.34 acres more or less:
A tract of land in the Northeast Quarter of the Southwest Quarter of Section 1, Township 18 South, Range 22 East of the Sixth Principal Meridian, being more particularly described as follows:
Beginning at the Northwest corner of the Northeast Quarter of the Southwest Quarter of Section 1, Township 18 South, Range 22 East of the Sixth Principal Meridian;
THENCE South 01 degrees 43 minutes 24 seconds East for a distance of 229.70 feet, deed & measured, along the West line of the Northeast Quarter of said Quarter Section to the True Point of Beginning, said point being on the right of way line of Highway 169;
THENCE South 78 degrees 05 minutes 00 seconds East for a distance of 284.50 feet, deed & measured, along said Highway right of way;
THENCE South 57 degrees 38 minutes East for a distance of 509.2 feet, by deed, South 57 degrees 23 minutes 21 seconds East for a distance of 509.24 feet, measured, along said right of way;
THENCE South 23 degrees 16 minutes West, by deed, South 23 degrees 24 minutes 45 seconds West for a distance of 825.79 feet, measured, along said right of way to a point on the South line of the Northeast Quarter of said Southwest Quarter;
THENCE South 89 degrees 30 minutes 17 seconds West for a distance of 346.30 feet, deed & measured, along said South line to the Southwest corner of the Northeast Quarter of said Quarter Section;
THENCE North 01 degrees 43 minutes 24 seconds West for a distance of 1094.48 feet along the West line of the Northeast Quarter of said Quarter Section to the TRUE POINT OF BEGINNING;
Together with and subject to covenants, easements and restrictions of record.
(b) The deed conveying the real estate described under subsection (a) shall be approved by the attorney general and shall be executed by the secretary of the department of social and rehabilitation services.
(c) The conveyance authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a, and amendments thereto.
History: L. 1999, ch. 28, § 1; April 8.
(a) The secretary of social and rehabilitation services is authorized to convey, without consideration, to the city of Osawatomie, Kansas, the following described state property located in Miami county, Kansas, containing less than one acre:
All that part of the East one-half of the Southwest ¼ Section of Section 1, Township 18 South, Range 22 East of the 6th P.M., Miami County, Kansas and being more particularly described as follows: Beginning at the Northwest corner of the East one-half of said Southwest ¼, thence North 89'20'00" [89°20′00″]East along the North line of said Southwest ¼, 250.00 feet; thence South 2'10'00" [2°10′00″] East parallel with the West line of said East ½ of said Southwest ¼, 96.40 feet to the North line of Highway No. 279; thence along said North line North 69'46'43" [69°46′43″] West (Measured) North 70'09'00" [70°09′00″] West (Deed) 270.29 feet to the point of beginning. CONTAINS: 12,046.05 sq. ft. = 0.28 acres.
(b) The deed conveying the real estate described under subsection (a) shall be approved by the attorney general and shall be executed by the secretary of the department of social and rehabilitation services.
(c) The conveyance authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a, and amendments thereto.
History: L. 1999, ch. 28, § 2; April 8.
(a) The secretary of social and rehabilitation services shall convey, without consideration, to the city of Osawatomie, Kansas, the following described tracts of real estate located in Miami county, Kansas:
TRACT 1
That portion of the East Half (E ½) of the Southwest Quarter (SW ¼) of Section 1, Township 18 South, Range 22 East of the Sixth Principal Meridian, Miami County, Kansas lying East of US 169 Highway and South of 343rd Street, being more particularly described as follows:
Commencing at the Northeast corner of the East Half (E ½) of said Southwest Quarter (SW ¼); Thence South 02 Degrees 18 Minutes 25 Seconds West (Assumed Bearings based on the Kansas State Plane Coordinate System) along the East line of said East Half (E ½) a distance of 1074.10 feet to the intersection with the Northerly right-of-way of K 279 Highway, said intersection being the point of beginning; Thence continuing South 02 Degrees 18 Minutes 25 Seconds West along said East line a distance of 1582.50 feet to the Southeast corner of said East Half (E ½); Thence South 89 Degrees 29 Minutes 17 Seconds West along the South line of said East Half (E ½) a distance of 1012.35 feet to a point on the Easterly right-of-way of US Highway 169, said point being 315.60 feet East of the Southwest corner of said East Half (E ½); Thence North 17 Degrees 40 Minutes 40 Seconds East along said Easterly right-of-way a distance of 576.70 feet to the beginning of a curve to the right having a radius of 4183.22 feet; Thence Northeasterly along said right-of-way along said curve an arc distance of 473.35, chord to said curve being 473.10 feet on a bearing of North 20 Degrees 55 Minutes 40 Seconds West; Thence North 32 Degrees 08 Minutes 40 Seconds East along said right-of-way a distance of 249.54 feet; Thence North 46 Degrees 00 Minutes 27 Seconds East along said right-of-way a distance of 596.07 feet to the Southerly right-of-way of K 279 Highway; Thence South 58 Degrees 23 Minutes 59 Seconds East along said right-of-way a distance of 50.36 feet to the point of beginning.
and
That portion of the South Half (S ½) of the Southeast Quarter (SE ¼) and that part of the South Half (S ½) of the North Half (N ½) of the Southeast Quarter (SE ¼) of Section 1, Township 18 South, Range 22 East of the Sixth Principal Meridian, Miami County, Kansas lying South and West of K 279 Highway, being more particularly described as follows:
Commencing at the Northwest corner of said Southeast Quarter (SE ¼); Thence South 02 Degrees 18 Minutes 25 Seconds West (Assumed Bearings based on the Kansas State Plane Coordinate System) along the East line of said East Half (E ½) a distance of 1074.10 feet to the intersection with the Southerly right-of-way of K 279 Highway, said intersection being the point of beginning; Thence South 58 Degrees 17 Minutes 25 Seconds East along said right-of-way a distance of 180.20 feet to the beginning of a curve to the right having a radius of 1050.91 feet; Thence Southeasterly along said right-of-way along said curve an arc length of 747.14 feet, chord to said curve being 731.50 feet on a bearing of South 32 Degrees 04 Minutes 25 Seconds East; Thence South 11 Degrees 42 Minutes 25 Seconds East along said right-of-way a distance of 204.70 feet to the beginning of a curve to the left having a radius of 913.51; Thence Southeasterly along said right-of-way along said curve an arc distance of 732.25 feet, chord to said curve being 712.80 feet on a bearing of South 34 Degrees 40 Minutes 25 Seconds East; Thence South 20 Degrees 14 Minutes 25 Seconds East along said right-of-way a distance of 36.00 feet; Thence South 02 Degrees 12 Minutes 42 Seconds West a distance of 23.55 feet to a point on the South line being 936.90 feet East of the Southwest corner of said Southeast Quarter (SE ¼); Thence South 88 Degrees 36 Minutes 43 Seconds West along the South line of said Southeast Quarter (SE ¼) a distance of 936.90 feet to the Southwest corner of said Southeast Quarter (SE ¼); Thence North 02 Degrees 18 Minutes 25 Seconds West along the West line of said Southwest Quarter (SW ¼) a distance of 1582.50 feet to the point of beginning.
and
That portion of the South Half (S ½) of the Southeast Quarter (SE ¼) and that part of the South Half (S ½) of the North Half (N ½) of the Southeast Quarter (SE ¼) of Section 1, Township 18 South, Range 22 East of the Sixth Principal Meridian, Miami County, Kansas lying North and East of K 279 Highway and East of US Highway 169, being more particularly described as follows:
Commencing at the Southeast corner of the Southeast Quarter (SE ¼) of said Section 2; Thence South 88 Degrees 36 Minutes 43 Seconds West (Assumed Bearings based on the Kansas State Plane Coordinate System) along the South line of said Southeast Quarter (SE ¼) a distance of 763.57 feet to the point of beginning; Thence North 01 Degree 24 Minutes 25 Seconds West perpendicular to said South line a distance of 25.00 feet; Thence North 88 Degrees 36 Minutes 43 Seconds East parallel with said South line a distance of 718.25 feet to a point being 45.00 feet West of the East line of said Southeast Quarter (SE ¼); Thence North 01 Degree 47 Minutes 48 Seconds West parallel with said East line a distance of 84.68 feet; Thence North 88 Degrees 12 Minutes 12 Seconds East perpendicular to the East line of said Southeast Quarter (SE ¼) a distance of 45.00 feet to a point on said East line being 130.00 feet North of the Southeast corner of said Southeast Quarter (SE ¼); Thence North 01 Degree 47 Minutes 48 Seconds West along said East line a distance of 1842.98 feet to the Northeast corner of the South Half (S ½) of the North Half (N ½) of said Southeast Quarter (SE ¼); Thence South 89 Degrees 01 Minute 29 Seconds West along the North line of the South Half (S ½) of the North Half (N ½) of said Southeast Quarter (SE ¼) a distance of 2406.39 feet to the intersection with the Easterly right-of-way of US Highway 69; Thence South 36 Degrees 15 Minutes 01 Second West along said right-of-way a distance of 278.07 feet to the Northerly right-of-way of K 279 Highway; Thence South 47 Degrees 21 Minutes 25 Seconds East along said K 279 right-of-way a distance of 225.50 feet to the beginning of a curve to the right having a radius of 1215.91 feet; Thence Southeasterly along said right-of-way along said curve an arc distance of 610.49 feet, chord to said curve being 604.10 feet on a bearing of South 38 Degrees 03 Minutes 25 Seconds East; Thence South 24 Degrees 34 Minutes 25 Seconds East along said right-of-way a distance of 320.80 feet; Thence South 00 Degrees 46 Minutes 35 Seconds West along said right-of-way a distance of 199.90 feet to the beginning of a curve to the left having a radius of 748.51 feet; Thence Southeasterly along said right-of-way along said curve an arc distance of 989.75 feet, chord to said curve being 919.20 feet on a bearing of South 53 Degrees 31 Minutes 25 Seconds East; Thence South 79 Degrees 43 Minutes 25 Seconds East along said right-of-way a distance of 222.30 feet; Thence South 01 Degree 24 Minutes 25 Seconds East a distance of 25.00 feet to a point on the South line being 1650.60 feet East of the Southwest corner of said Southeast Quarter (SE ¼); Thence North 88 Degrees 36 Minutes 43 Seconds East along said South line a distance of 241.60 feet to the point of beginning.
TRACT 2
That part of the West Half of the Northwest Quarter of Section 1, Township 18 South, Range 22 East of the Sixth Principal Meridian, Miami County, Kansas described as follows:
Beginning at the Northwest Corner of said Northwest Quarter; thence along the north line of said Northwest Quarter on an assumed bearing of N88°30'16"E, 1323.45 feet to the northeast corner of said West Half; thence along the east line of said West Half S01°58'38"E, 2319.05 feet to a point being a perpendicular distance of 275.00 feet north of the south line of said Northwest Quarter; thence parallel with said south line S89°09'21"W, 801.13 feet; thence N21°23'10"W, 109.33 feet to a point being a perpendicular distance of 485.00 feet east of the west line of said Northwest Quarter; thence parallel with said west line N02°00'20"W, 892.81 feet to a point being a perpendicular distance of 1270.00 feet north of the south line of said Northwest Quarter; thence parallel with said south line S89°09'21"W, 485.10 feet to west line of said Northwest Quarter; thence along said west line N02°00'20"W, 1308.83 feet to the point of beginning.
TRACT 3
The Southwest Quarter (¼) of the Southwest Quarter, also the East half (½) of the Northwest Quarter (¼) of the Southwest Quarter (¼) of Section Thirty-six (36), in Township Seventeen (17) South, Range Twenty-two (22) East, Miami County, Kansas.
TRACT 4
The South one half (½) of the Southeast Quarter (¼) of Section Thirty-five (35), Township Seventeen (17) South, Range Twenty-two (22) East, Miami County, Kansas.
(b) The deed conveying the real estate described under subsection (a) shall be approved by the attorney general and shall be executed by the secretary of the department of social and rehabilitation services. The deed for the conveyance shall provide that on July 1, 2026, that in the event that any portion of the above-described real estate has not been used for economic development, then all right, title and interest in such portion of such real estate shall revert to the state of Kansas. The deed for the conveyance may be by warranty deed or by quitclaim deed as determined to be in the best interests of the state by the attorney general in consultation with the secretary of social and rehabilitation services.
(c) The conveyance authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a or K.S.A. 75-6609 or 75-6610, and amendments thereto.
History: L. 2006, ch. 150, § 3; L. 2007, ch. 108, § 4; April 19.
(a) The secretary for aging and disability services is hereby authorized to enter into an interagency agreement with the secretary of corrections and the director of the Kansas office of veterans services transferring the charge, care, management and control of the Winfield state hospital and training center property to the department of corrections and the Kansas office of veterans services in accordance with the current uses of the Winfield state hospital and training center property and as agreed upon by the secretary of corrections and the director of the Kansas office of veterans services.
(b) At such time as specific title descriptions to the portion of the Winfield state hospital and training center property that is transferred to the charge, care, management and control of the department of corrections and the portion of the Winfield state hospital and training center property that is transferred to the charge, care, management and control of the director of the Kansas office of veterans services have been determined and are available, the secretary for aging and disability services shall convey, without compensation, title to such portions of the Winfield state hospital and training center property to the department of corrections and the Kansas office of veterans services, respectively. The conveyance prescribed by this section shall not be subject to the provisions of K.S.A. 75-3043a, and amendments thereto.
(c) As used in this section, "Winfield state hospital and training center property" means the state-owned real estate, including any improvements thereon, which is located in the city of Winfield and Cowley county and which is described as follows:
(1) The Southwest Quarter of Section 14, Township 32 South, Range 4 East of the 6th P.M., Cowley County, Kansas;
(2) The Southeast Quarter of Section 15, Township 32 South, Range 4 East of the 6th P.M., Cowley County, Kansas, less Road Right of Way; and
(3) Part of the Northwest Quarter of Section 15, Township 32 South, Range 4 East of the 6th P.M., that lies East of the Centerline of Timber Creek, and described as follows: Commencing at the Northeast corner of said Quarter Section; Thence West along the North line of said Quarter Section to the center of the Channel of Timber Creek; Thence Southerly down the center of the channel of said creek (following the meanderings thereof) to the South line of said Quarter Section; Thence East along the South line of said Quarter Section to the Southeast Corner of said Quarter Section; Thence North along the East line of said Quarter Section to the Point of Beginning.
History: L. 1999, ch. 142, § 1; L. 2014, ch. 83, § 34; L. 2024, ch. 84, § 46; July 1.
As used in this section:
(a) "West parking lot" means: A tract of land in the Southeast Quarter of Section 27 and the Southwest Quarter of Fractional Section 26, Township 11 South, Range 25 East of the Sixth Principal Meridian in Kansas City, Wyandotte County, Kansas, being more particularly described as follows:
Commencing at the Southeast corner of said Section 27, said point also being the Southwest corner of said Fractional Section 26: THENCE South 89° 52′ 04″ West 18.68 feet, along the South line of said Fractional Section 27; THENCE North 37° 10′ 40″ West 340.27 feet; THENCE North 26° 02′ 37″ West 95.94 feet; THENCE North 11° 50′ 19″ West 69.03 feet; THENCE North 00° 21′ 04″ East 111.93 feet; THENCE South 89° 53′ 40″ East 88.17 feet; THENCE North 85° 44′ 47″ East 74.42 feet; THENCE North 60° 52′ 01″ East 61.08 feet; THENCE North 09° 18′ 23″ East 34.82 feet to a point on the Southeasterly right-of-way line of 36th Avenue, as now established, and a point on a curve concave to the South having a radius of 340.00 feet; THENCE Northeasterly 29.08 feet, along said Southeasterly right-of-way line and said curve; THENCE North 43° 00′ 28″ East 3.39 feet, along said Southeasterly right-of-way line; THENCE South 01° 44′ 25″ East 61.07 feet, departing from said right-of-way line; THENCE South 07° 53′ 36″ East 63.88 feet; THENCE South 05° 45′ 03″ East 126.04 feet; THENCE South 02° 32′ 11″ East 159.70 feet; THENCE South 15° 51′ 35″ East 16.56 feet; THENCE South 55° 15′ 49″ East 24.11 feet; THENCE South 87° 54′ 32″ East 64.98 feet; THENCE South 83° 38′ 39″ East 120.30 feet; THENCE South 06° 53′ 33″ West 167.11 feet to a point on the South line of the Southeast Quarter of said Fractional Section 26; THENCE South 89° 52′ 04″ West 189.24 feet, along said South line to the Southwest corner of said Fractional Section 26 and the point of beginning, containing 3.2 acres more or less. SUBJECT TO SURVEY and all easements and restrictions of record.
(b) "East parking lot" means: A tract of land in the Southwest Quarter of Fractional Section 26, Township 11 South, Range 25 East of the Sixth Principal Meridian in Kansas City, Wyandotte County, Kansas, being more particularly described as follows:
Commencing at the Southwest corner of said Fractional Section 26, said point also being the Southeast corner of Section 27, Township 11 South, Range 23 East: THENCE North 89° 52′ 04″ East 498.04 feet, along the South line of said Fractional Section 26, to the TRUE POINT OF BEGINNING; THENCE North 00° 07′ 56″ West 114.76 feet; THENCE North 89° 52′ 04″ East 23.21 feet; THENCE North 00° 33′ 33″ East 111.14 feet; THENCE North 01° 19′ 24″ East 331.54 feet; THENCE North 05° 10′ 25″ West 53.01 feet; THENCE North 08° 52′ 42″ West 115.11 feet; THENCE North 05° 22′ 21″ West 38.90 feet; THENCE North 02° 40′ 12″ East 55.93 feet; THENCE North 08° 49′ 10″ East 49.39 feet; THENCE North 26° 40′ 27″ West 29.20 feet; THENCE North 18° 04′ 39″ East 130.98 feet; THENCE North 20° 52′ 07″ East 40.16 feet; THENCE North 39° 36′ 45″ East 32.58 feet; THENCE North 61° 53′ 31″ East 32.13 feet; THENCE North 79° 11′ 37″ East 51.31 feet to a point on the West right-of-way line of Eaton Street, as now established, said right-of-way line being a curve concave to the West having a radius of 1457.50 feet; THENCE Southerly 288.15 feet, along said West right-of-way line and said curve; THENCE South 00° 04′ 51″ West 840.21 feet, along said West right-of-way line, to a point on the South line of said Fractional Section 26; THENCE South 89° 52′ 04″ West 126.91 feet, along said South line, to the TRUE POINT OF BEGINNING, containing 2.8 acres, more or less. SUBJECT TO SURVEY and all easements and restrictions of record.
(c) The secretary of social and rehabilitation services is authorized to convey, without consideration, to the university of Kansas medical center the property described in subsections (a) and (b).
(d) The university of Kansas medical center shall maintain in good condition all existing curbs and gutters to direct surface water away from the property line of the east parking lot.
(e) The university of Kansas medical center shall pay for and make repairs to the east parking lot if the rock bluff located on the east parking lot collapses, shifts or becomes unstable as a result of any capital improvement project for any construction, reconstruction, maintenance or repair project undertaken on the east parking lot by the university of Kansas medical center.
(f) The university of Kansas medical center shall grant rainbow mental health facility, or persons designated by such facility, reasonable access to the east parking lot to make repairs to the rock bluff located west of the east parking lot resulting from natural causes.
(g) The deeds conveying the real estate described under subsections (a) and (b) shall be approved by the attorney general and shall be executed by the secretary of social and rehabilitation services.
(h) The conveyance authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a, and amendments thereto.
History: L. 1999, ch. 142, § 3; May 20.
History: L. 2011, ch. 13, § 1; Repealed, L. 2012, ch. 166, § 24; July 1.
(a) The secretary of social and rehabilitation services shall convey by quitclaim deed, without consideration, all of the rights, title and interest in the following described real estate, and any improvements thereon, located in Ellsworth county, Kansas, to the evangelical lutheran good samaritan society:
A tract of land in the Southwest Quarter of Section 29, Township 15 South, Range 8 West of the 6th P.M. in Ellsworth County, Kansas, described as follows: COMMENCING at the Southeast Corner of said Quarter Section, thence on an assumed bearing of South 89 degrees 29 minutes 36 seconds West, 943.70 feet along the south line of said Quarter Section to the POINT OF BEGINNING; FIRST COURSE, thence South 89 degrees 29 minutes 36 seconds West, 300.34 feet along the south line of said Quarter Section; SECOND COURSE, thence North 02 degrees 04 minutes 45 seconds West, 1182.69 feet; THIRD COURSE, thence North 89 degrees 29 minutes 36 seconds East, 1286.17 feet to the east line of said Quarter Section; FOURTH COURSE, thence South 00 degrees 02 minutes 18 seconds East, 723.78 feet along the east line of said Quarter Section; FIFTH COURSE, thence South 89 degrees 59 minutes 12 seconds West, 120.33 feet to the existing westerly K-14/K-156 right of way; SIXTH COURSE, thence South 44 degrees 21 minutes 14 seconds West, 418.34 feet along said westerly right of way; SEVENTH COURSE, thence South 78 degrees 21 minutes 59 seconds West, 499.13 feet along said westerly right of way; EIGHTH COURSE, thence South 48 degrees 36 minutes 13 seconds West, 55.95 feet along said westerly right way to the existing northerly township road right of way; NINTH COURSE, thence South 00 degrees 30 minutes 24 seconds East, 30.00 feet to the south line of said Quarter Section and the point of beginning.
The above described tract contains 29.641 acres, which includes 1.592 acres of existing right of way, resulting in a tract of 28.049 acres, more or less.
(b) The deed conveying the real estate described in subsection (a) shall be approved by the attorney general and executed by the secretary of social and rehabilitation services.
(c) The deed to the real estate described in subsection (a) shall provide for the retention by the state of Kansas of all mineral rights in and under such property, except that any exercise of these rights shall be without degradation, use or damage to the surface or any improvements thereto in any manner.
(d) The conveyance of real property authorized by this section shall not be subject to the provisions of K.S.A. 75-6609 or 75-6611, and amendments thereto.
(e) In the event that the secretary of social and rehabilitation services determines that the legal description of the parcel described by this section is incorrect, the secretary of social and rehabilitation services may convey the property utilizing the correct legal description but the deed conveying the property shall be subject to the approval of the attorney general.
History: L. 2012, ch. 166, § 1; July 1.
(a) Notwithstanding any other provision of law, no state agency shall enter into any agreement or take any action to outsource or privatize any operations or facilities of the Larned state hospital, the Osawatomie state hospital, the south central regional mental health hospital or any facility that provides mental health services and that is operated by a state agency without prior specific authorization by an act of the legislature or an appropriation act of the legislature. The restriction imposed by this subsection applies to any action to outsource or privatize all or any part of any operation or facility of the Larned state hospital, the Osawatomie state hospital, the south central regional mental health hospital or any facility that provides mental health services and that is operated by a state agency, including, but not limited to, any action to transfer all or any part of the rated bed capacity at the Larned state hospital, the Osawatomie state hospital or the south central regional mental health hospital, in effect on the effective date of this act, to another facility.
(b) Nothing in this section shall prevent the Kansas department for aging and disability services from renewing, in substantially the same form as an existing agreement, any agreement in existence prior to March 4, 2016, for services at the Larned state hospital or the Osawatomie state hospital.
(c) Nothing in this section shall prevent the Kansas department for aging and disability services from entering into an agreement for services at the Larned state hospital or the Osawatomie state hospital with a different provider if such agreement is substantially similar to an agreement for services in existence prior to March 4, 2016.
History: L. 2016, ch. 105, § 18; L. 2017, ch. 12, § 7; L. 2025, ch. 90, § 19; July 1.
History: L. 1939, ch. 294, § 1; L. 1947, ch. 416, § 23; L. 1949, ch. 449, § 1; L. 1955, ch. 370, § 1; L. 1965, ch. 458, § 25; L. 1967, ch. 443, § 19; L. 1974, ch. 361, § 77; Repealed, L. 1976, ch. 370, § 104; July 1.
History: L. 1939, ch. 294, § 2; Repealed, L. 1976, ch. 370, § 104; July 1.
History: L. 1939, ch. 294, § 3; L. 1943, ch. 277, § 26; L. 1975, ch. 52, § 25; Repealed, L. 1976, ch. 370, § 104; July 1.
Revisor's Note: Section transferred to 44-601b.
History: L. 1939, ch. 294, § 5; Repealed, L. 1974, ch. 364, § 40; January 13, 1975.
History: L. 1945, ch. 333, §§ 1, 2; Repealed, L. 1951, ch. 445, § 1; June 30.
History: L. 1955, ch. 348, § 1; L. 1961, ch. 262, § 4; L. 1974, ch. 348, § 93; Repealed, L. 1975, ch. 445, § 2; July 1.
History: L. 1955, ch. 348, §§ 2, 3; Repealed, L. 1975, ch. 445, § 2; July 1.
History: L. 1975, ch. 445, § 1; Repealed, L. 1976, ch. 370, § 104; July 1.
For the purposes of this act: "Records" mean all documents, correspondence, original papers, maps, drawings, charts, indexes, plans, memoranda, sound recordings, microfilm, motion-picture or other photographic records, or other materials bearing upon the activities and functions of the department or agency or its officers or employees.
History: L. 1945, ch. 306, § 1; L. 1957, ch. 452, § 1; April 10.
For the purpose of the permanent preservation of important state records and to provide an orderly method for the disposition of other state records, there is hereby created the state records board, consisting of the attorney general, state librarian, secretary of administration, secretary of the state historical society, or their designated representatives, the state archivist, and such ex officio members as are hereinafter provided. The attorney general shall be the chairman and the state archivist shall be the secretary of the board.
History: L. 1945, ch. 306, § 2; L. 1957, ch. 452, § 2; L. 1974, ch. 364, § 26; January 13, 1975.
The state records board created by K.S.A. 75-3502 is hereby attached to the department of administration, and from and after the effective date of this act shall be within the department of administration as a part thereof.
History: L. 1972, ch. 332, § 27; July 1.
The elective state officer, director, chairman, or other officer, the records of whose department or agency are being considered, or his or her designated representative, and the head of the specific division to which the records under consideration appertain shall be ex officio members of the board.
History: L. 1945, ch. 306, § 3; L. 1957, ch. 452, § 3; April 10.
The board shall pass upon the requests of the state departments or other agencies for the destruction or other disposition of records, and shall have power to order the destruction, reproduction, temporary or permanent retention, and disposition of the public records of any department or agency of the state, to establish records disposal schedules for the orderly retirement of records, and to adopt such other rules and regulations as they may deem necessary to accomplish the purposes of this act. The disposal schedules shall be filed by the board with the secretary of state. Records so scheduled may be transferred to the state records center at regular intervals, in accordance with procedures to be established by the center, without further action by the board. In all its acts the board shall be specifically required to safeguard the legal, financial and historical interests of the state in such records.
History: L. 1945, ch. 306, § 4; L. 1957, ch. 452, § 4; L. 1965, ch. 506, § 39; L. 1988, ch. 366, § 26; June 1.
As used in this act, the term "public officer" means any officer, board, commission or agency of the state.
History: L. 1945, ch. 331, § 1; June 28.
Any public officer of the state may cause any or all records, papers or documents kept by the public officer to be photographed, microphotographed, reproduced on film or optical disc. Such photographic film or optical disc shall comply with standards recommended by the state archivist and approved by the state records board pursuant to K.S.A. 45-412, and amendments thereto, and the device used to reproduce such records on such film or optical disc shall be one which accurately reproduces the original thereof in all details.
History: L. 1945, ch. 331, § 2; L. 1972, ch. 41, § 4; L. 1989, ch. 269, § 2; L. 1989, ch. 270, § 1; July 1.
Such photographs, microphotographs, photographic film or reprinted images from an optical disc shall be deemed to be an original record for all purposes, including introduction in evidence in all courts or administrative agencies. A transcript, exemplification or certified copy thereof shall, for all purposes recited herein, be deemed to be a transcript, exemplification, or certified copy of the original.
History: L. 1945, ch. 331, § 3; L. 1989, ch. 269, § 3; July 1.
History: L. 1945, ch. 331, § 4; L. 1957, ch. 452, § 5; Repealed, L. 1981, ch. 331, § 14; July 1.
There is hereby established, under the supervision and control of the state historical society, a state records center which shall serve as a depository for inactive records of state agencies and departments. The secretary of the state historical society shall have authority to obtain a suitable building or buildings to be used as a records center, to employ personnel for the records center staff, and to supervise all operations of the center. No expenditures shall be made under this act or expense incurred except in pursuance of specific appropriations therefor.
History: L. 1957, ch. 459, § 1; L. 1959, ch. 341, § 1; L. 1989, ch. 271, § 1; July 1.
In accordance with records retention and disposal schedules established by the state records board in cooperation with the agencies and departments concerned, the records center shall receive, store, and ultimately dispose of, inactive and noncurrent records of state agencies and departments. Ultimate disposition shall be defined as meaning destruction, reproduction followed by destruction, or, if a record shall be determined to have permanent value, transfer to the state archives or to another agency if deemed more appropriate. In cases where the agencies and departments are equipped to provide storage space, or where the transfer of records to the center is not practical for other reasons, such inactive records may be stored elsewhere and disposed of as the records board may direct.
History: L. 1957, ch. 459, § 2; April 8.
Records stored in the records center shall be available promptly when called for by the originating agencies or departments, but they shall not be used by others except with the approval of the originating department.
History: L. 1957, ch. 459, § 3; April 8.
History: L. 1959, ch. 207, §§ 1 to 3; Repealed, L. 1973, ch. 186, § 42; January 1, 1974.
As used in this act, unless the context otherwise requires:
(a) "Real estate transaction" means to acquire real estate, or any right, title or interest therein, by purchase, grant, gift, devise, lease or otherwise or to sell, convey, lease, exchange, transfer or otherwise dispose of real estate, or any right, title or interest therein, but does not include the lease or rental of real estate, or any right, title or interest therein, for a term of five (5) years or less.
(b) "State agency" means any state office, officer, department, board, commission, institution, bureau or any other state authority, which is authorized by law to engage in any real estate transaction for and in the name of the state of Kansas.
History: L. 1979, ch. 278, § 1; July 1.
(a) Each state agency shall have the legal custody of all deeds to real estate held or acquired by such state agency for and in the name of the state of Kansas, together with the abstracts of title thereto and the title insurance policies therefor, and of all other original instruments relating to real estate transactions of such state agency. Each state agency shall keep, preserve and file all such deeds, abstracts of title, title insurance policies and other instruments, and all such instruments in the custody of the secretary of state on the effective date of this act shall be and are hereby transferred to the custody of the respective state agencies.
(b) Each state agency shall record or cause to be recorded all deeds to real estate acquired by the state agency with the register of deeds of the county where the real estate is located and any other instruments relating to the agency's real estate transactions provided by law to be recorded.
(c) The director of accounts and reports shall maintain inventory records of the real property owned by the state, which records shall reflect all real property held and every real estate transaction engaged in by each state agency except the secretary of transportation. Such inventory records shall include, but not be limited to, the acreage, the location by city and county, a brief legal description and the use and purpose of each lot, tract or parcel of land held by a state agency.
(d) (1) The secretary of transportation shall deliver to the secretary of the senate and the chief clerk of the house of representatives on or before January 30, 2002, and January 30th of each year thereafter, a written report concerning the department of transportation's system of inventory of records pertaining to all real property owned by the department of transportation and all real estate transactions engaged in by the department of transportation. Each report shall describe the current status of the inventory system and the steps taken during the past year to improve such inventory system and comply with the requirements of this section. The secretary of transportation shall notify each member of the legislature of the availability of copies of the report.
(2) On or before January 30, 2002, and January 30th of each year thereafter, the secretary of transportation shall make a presentation to the joint committee on state building construction on the report described in paragraph (1).
History: L. 1979, ch. 278, § 2; L. 2001, ch. 153, § 3; July 1.
All records and printed documents created by state agencies shall be produced on acid-free paper having a minimum pH of 7.0, unless use of such paper is infeasible because of excessive costs or inadequate availability of the paper.
History: L. 1992, ch. 179, § 1; July 1.
The state records board shall designate certain types of records and printed documents produced by state agencies which must be created on paper conforming to the American national standards for permanent paper for printed library materials (ANSI Z39.48-1984). When notified prior to September 1 by the state records board that a designated record series or printed document title shall be produced on permanent paper, the agency responsible for creating the record or document shall comply during the following fiscal year. The customary symbol indicating use of permanent paper shall be included in such printed documents.
History: L. 1992, ch. 179, § 2; July 1.
For an image recognition and information storage system which is used by an agency to record and store information from records, papers or documents and which complies with standards recommended by the state archivist and approved by the state records board pursuant to K.S.A. 45-412, and amendments thereto, and K.S.A. 45-414, and amendments thereto, the agency's statement of the information shall be deemed to be an original record of the information for all purposes, including introduction into evidence in all courts or administrative agencies.
History: L. 1996, ch. 157, § 3; L. 2010, ch. 5, § 3; March 11.
(a) (1) Unless required by federal law, no document available for public inspection or copying shall contain an individual's social security number if such document contains such individual's personal information. "Personal information" shall include, but not be limited to, name, address, phone number or e-mail address.
(2) (A) The provisions of paragraphs (1) and (3) shall not apply to documents recorded in the official records of any recorder of deeds of the county or to any documents filed in the official records of the court and shall be included, but not limited to, such documents of any records that when filed constitutes:
(i) A consensual or nonconsensual lien;
(ii) an eviction record;
(iii) a judgment;
(iv) a conviction or arrest;
(v) a bankruptcy;
(vi) a secretary of state filing; or
(vii) a professional license.
(B) The provisions of paragraphs (1) and (3) shall not apply to documents recorded pursuant to article 9 of chapter 84 of the Kansas Statutes Annotated, and amendments thereto, if the social security number is improperly placed on a form, in a description or included in an attachment.
(3) Any document or record that contains all or any portion of an individual's social security number shall have all portions of all social security numbers redacted before the document or record is made available for public inspection or copying.
(4) (A) An agency shall give notice as defined in K.S.A. 50-7a01, and amendments thereto, to any individual whose personal information was disclosed in violation of this subsection when it becomes aware of the unauthorized disclosure. Notice shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement and any measures necessary to determine the scope of unauthorized disclosures.
(B) The agency shall offer to such individuals credit monitoring services at no cost for a period of one year. The agency shall provide all information necessary for such individual to enroll in such services and shall include information on how such individual can place a security freeze on such individual's consumer report.
(b) (1) No person, including an individual, firm, corporation, association, partnership, joint venture or other business entity, or any employee or agent therefor, shall solicit, require or use for commercial purposes an individual's social security number unless such number is necessary for such person's normal course of business and there is a specific use for such number for which no other identifying number may be used.
(2) Paragraph (1) does not apply to documents or records that are recorded or required to be open to the public pursuant to state or federal law, or by court rule or order, and this paragraph does not limit access to these documents or records.
(3) Paragraph (1) does not apply to the collection, use or release of social security numbers for the following purposes:
(A) Mailing of documents that include social security numbers sent as part of an application or enrollment process or to establish, amend or terminate an account, contract or policy or to confirm the accuracy of the social security number;
(B) internal verification or administrative purposes;
(C) investigate or prevent fraud, conduct background checks, conduct social or scientific research, collect a debt, obtain a credit report from or furnish data to a consumer reporting agency pursuant to the fair credit reporting act, 15 U.S.C. § 1681 et seq., undertake a permissible purpose enumerated under the Gramm-Leach Bliley Act, 15 U.S.C. § 6802 (e), or locate an individual who is missing, a lost relative, or due a benefit, such as pension, insurance or unclaimed property benefit; or
(D) otherwise required by state or federal law or regulation.
(c) An individual who is aggrieved by a violation of this section may recover a civil penalty of not more than $1,000 for each violation.
History: L. 2006, ch. 149, § 2; L. 2018, ch. 87, § 9; L. 2021, ch. 61, § 53; July 1.
History: L. 1945, ch. 314, § 1; L. 1953, ch. 395, § 13; Repealed, L. 1961, ch. 411, § 14; July 1.
History: L. 1945, ch. 314, § 2; L. 1947, ch. 428, § 1; L. 1959, ch. 342, § 1; Repealed, L. 1961, ch. 411, § 14; July 1.
History: L. 1945, ch. 314, § 3; Repealed, L. 1947, ch. 428, § 4; April 9.
History: L. 1945, ch. 314, § 4; Repealed, L. 1961, ch. 411, § 14; July 1.
History: L. 1947, ch. 428, §§ 2, 3; Repealed, L. 1961, ch. 411, § 14; July 1.
History: L. 1953, ch. 395, § 1; L. 1961, ch. 411, § 4; L. 1965, ch. 461, § 12; L. 1978, ch. 330, § 12; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1953, ch. 395, § 2; L. 1957, ch. 453, § 1; L. 1959, ch. 342, § 2; L. 1963, ch. 234, § 87; L. 1965, ch. 461, § 13; L. 1978, ch. 330, § 13; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1980, ch. 274, § 1; Repealed, L. 1981, ch. 340, § 1; July 1.
History: L. 1953, ch. 395, §§ 3, 4; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1953, ch. 395, § 5; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1953, ch. 395, § 6; L. 1974, ch. 45, § 11; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1953, ch. 395, § 7; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1953, ch. 395, § 8; L. 1961, ch. 411, § 5; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1953, ch. 395, § 9; L. 1961, ch. 411, § 6; L. 1977, ch. 298, § 1; L. 1983, ch. 287, § 15; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1961, ch. 411, § 13; L. 1965, ch. 461, § 14; L. 1974, ch. 386, § 1; Repealed, L. 1977, ch. 298, § 2; May 13.
History: L. 1953, ch. 395, § 10; L. 1975, ch. 495, § 19; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1953, ch. 395, § 11; L. 1961, ch. 411, § 7; L. 1983, ch. 287, § 16; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1961, ch. 411, § 11; L. 1965, ch. 461, § 15; L. 1978, ch. 330, § 14; Repealed, L. 1983, ch. 287, § 23; July 1.
History: L. 1953, ch. 395, § 12; Repealed, L. 1965, ch. 461, § 30; July 1.
As used in this act, the term "state zoning area" shall include and be the following described area in the city of Topeka, Kansas: Beginning at the centerline of west Seventh street and its intersection with the centerline of the north-south alley extended between Kansas avenue and Jackson street; thence westward along the centerline of west Seventh street to the center line of Polk street; thence southward along the centerline of Polk street to the centerline of west Fourteenth street; thence eastward along the centerline of west Fourteenth street to the centerline of Jackson street; thence southward along the centerline of Jackson street to its intersection with the centerline of west Fourteenth street and the centerline of the north-south alley extended between Kansas avenue and Jackson street; thence northward along the centerline of the north-south alleys extended between Kansas avenue and Jackson street to the place of beginning.
History: L. 1955, ch. 377, § 1; L. 1967, ch. 457, § 1; L. 1971, ch. 277, § 1; L. 1973, ch. 351, § 1; July 1.
(a) The capitol area plaza authority shall make a study of the physical development of zoning in the state zoning area. The following shall be submitted to the authority for its consideration and approval or rejection: All changes in zoning, in height or setback restrictions and the granting of variances or exceptions within the state zoning area acted upon (1) by the board of zoning appeals subject to the provisions of subsection (b), or (2) by the governing body of the city of Topeka. Before any change of zoning or change in height or setback restrictions on, or the granting of any variance or exception or any tract or piece of land within the state zoning area shall become effective, notice of such proposed change shall be submitted to the secretary of the authority personally or by registered mail by the city clerk, and the authority shall approve or disapprove such change not later than sixty (60) days after receipt of such notice. If the authority does not approve or disapprove the proposed change within the sixty-day period, the proposed change shall be deemed and considered approved. If the authority disapproves of any proposed change, the same shall not become effective. In the event the authority approves any proposed change the change shall become effective upon publication of the ordinance of the governing body of the city of Topeka approving such change.
(b) When the board of zoning appeals grants a zoning variance within the state zoning area with regard to a proposed building project which will also require approval of other zoning matters by the governing body of the city of Topeka before construction of the proposed building project may be commenced, the capitol area plaza authority shall not act upon such zoning variance until the governing body of the city of Topeka has approved the other zoning matters that are required prior to commencing construction of the proposed building project. The purpose of this subsection is to avoid having the capitol area plaza authority consider zoning matters that may be subject to subsequent disapproval by local officials.
History: L. 1955, ch. 377, § 2; L. 1963, ch. 430, § 1; L. 1965, ch. 469, § 8; L. 1967, ch. 458, § 1; L. 1972, ch. 333, § 7; L. 1973, ch. 351, § 2; L. 1980, ch. 273, § 1; July 1.
Revisor's Note: Section transferred to 75-4506.
History: L. 1955, ch. 376, § 2; L. 1965, ch. 461, § 18; Repealed, L. 1972, ch. 332, § 97; July 1.
Revisor's Note: Section transferred to 75-4510.
History: L. 1955, ch. 376, § 4; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1955, ch. 376, §§ 5, 6; L. 1961, ch. 411, §§ 8, 9; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1955, ch. 376, § 7; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1955, ch. 376, § 8; L. 1961, ch. 411, § 10; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1971, ch. 278, § 1; L. 1978, ch. 330, § 15; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1971, ch. 278, § 2; L. 1976, ch. 386, § 3; L. 1978, ch. 330, § 16; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1971, ch. 278, § 3; L. 1978, ch. 330, § 17; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1971, ch. 278, § 4; L. 1978, ch. 330, § 18; L. 1983, ch. 287, § 17; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1971, ch. 278, § 5; L. 1972, ch. 331, § 2; L. 1978, ch. 330, § 19; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1971, ch. 278, § 6; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1973, ch. 352, § 1; L. 1978, ch. 330, § 20; L. 1980, ch. 274, § 2; Repealed, L. 1981, ch. 340, § 1; July 1.
History: L. 1973, ch. 352, § 2; L. 1975, ch. 404, § 8; L. 1978, ch. 330, § 21; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1973, ch. 352, § 3; L. 1975, ch. 446, § 1; L. 1978, ch. 330, § 22; L. 1983, ch. 287, § 18; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1973, ch. 352, § 4; L. 1978, ch. 330, § 23; L. 1983, ch. 287, § 19; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1973, ch. 352, § 5; L. 1975, ch. 446, § 2; L. 1978, ch. 330, § 24; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1973, ch. 352, § 6; L. 1978, ch. 330, § 25; Repealed, L. 1981, ch. 340, § 1; July 1.
History: L. 1973, ch. 353, §§ 1, 2; L. 1978, ch. 330, §§ 26, 27; Repealed, L. 1980, ch. 274, § 3; July 1.
History: L. 1973, ch. 353, § 3; Repealed, L. 1980, ch. 274, § 3; July 1.
History: L. 1974, ch. 356, § 1; L. 1978, ch. 330, § 28; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1974, ch. 356, § 2; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1974, ch. 356, § 3; L. 1978, ch. 330, § 29; L. 1983, ch. 287, § 20; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1974, ch. 356, § 4; L. 1978, ch. 330, § 30; Repealed, L. 1988, ch. 334, § 1; July 1.
(a) The secretary of administration is hereby authorized to acquire by negotiation the fee simple title to the following described tracts of land and improvements thereon, and personal property located therein, in the city of Topeka in the 900 block of Jackson street, commonly known as the Santa Fe office building, all more particularly described as follows: Lots 290, 292, 294, 296, 298, 300, 302, 304, 306, 308, 310 and 312 along with the north half of the vacated alley lying south of and adjacent to said lot 312, all on the east side of Jackson street, all in the city of Topeka, Shawnee county, Kansas. Prior to payment for the purchase of any property so acquired, the attorney general shall approve the abstract of title or title insurance policies as showing merchantable fee simple title and shall approve the warranty deeds to such property. If, in the judgment of the secretary of administration a satisfactory agreement for the purchase of the lots and tracts hereinbefore authorized for acquisition cannot be negotiated, the secretary may proceed to acquire the fee simple title to such lots and tracts of land by exercising the power of eminent domain. Upon request of the secretary of administration, the attorney general shall prosecute condemnation proceedings in the name of the state to acquire such property.
(b) The provisions of subsection (a) shall include authorization to acquire either the real or personal property, or both, pursuant to a lease purchase agreement. Any such lease purchase agreement shall be subject to approval of 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.
History: L. 1982, ch. 343, § 1; May 20.
(a) To provide for the payment of the costs of acquisition of the property described in K.S.A. 75-3648 and expenses related to such acquisition, the pooled money investment board is authorized and directed to loan to the department of administration sufficient funds therefor, except that no such loan shall be made unless the terms thereof have 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. The pooled money investment board is authorized and directed to use any moneys in the active accounts, inactive accounts or time deposits, open accounts, of the state of Kansas to provide the funds for such loan. Such loan shall bear interest at a rate equal to the interest rate being paid on state inactive account moneys at the time of the making of such loan. The loan principal and interest thereon shall be payable solely from revenues derived from charges imposed for the use of the property, or as otherwise provided by law. 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) There is hereby created in the state treasury the 900 Jackson street acquisition fund. Upon certification to the pooled money investment board by the secretary of administration of the amount of the loan approved pursuant to subsection (a), the pooled money investment board shall transfer the amount so certified from the state bank accounts described in subsection (a) to the 900 Jackson street acquisition fund.
History: L. 1982, ch. 343, § 2; May 20.
Revenues derived from the lease of the property described in K.S.A. 75-3648 shall be deposited in the state buildings operating fund. Except as otherwise authorized by law, expenditures from such fund shall be used to pay interest and principal on the loan authorized by K.S.A. 75-3649 or the principal and interest on bonds issued pursuant to K.S.A. 75-3653 and to pay the costs of operating and maintaining the property described in K.S.A. 75-3648.
History: L. 1982, ch. 343, § 3; L. 1983, ch. 287, § 21; July 1.
(a) Within the limits of appropriations and other funds available therefor, the secretary of administration shall have the power to:
(1) Modify and equip the property described in K.S.A. 75-3648, and amendments thereto;
(2) make contracts of every nature necessary or convenient for the orderly accomplishment of the acquisition, development and management of the property;
(3) to permit the use of the property by any state agency or others, enter into agreements therefor and to fix and alter charges for use of the property in such amounts as the secretary may determine as beneficial or necessary;
(4) assume leases entered into by executive branch state agencies, or enter into leases on behalf of executive branch state agencies;
(5) sublet any premises leased by executive branch state agencies to any executive branch state agency or others and to establish accounting procedures and accounts deemed necessary for the efficient exercise of such power;
(6) direct any executive branch state agency or agencies presently housed in publicly or privately owned office space, other than buildings or property specifically exempted under K.S.A. 75-3765, and amendments thereto, from the provisions of K.S.A. 75-3765, and amendments thereto, to occupy space in the building acquired under this act, or other space made available by the secretary of administration, and to assess a charge therefor subject to funding being available in appropriations or other funds;
(7) accept grants or gifts from any person, firm, association or corporation, the federal government or any of its agencies and to enter into contracts or other transactions with any federal agency in connection therewith; and
(8) do all things and acts necessary or convenient to carry out the powers granted to the secretary of administration by this act or any other acts, except that the secretary of administration shall have no power at any time, or in any manner, to pledge the taxing power or credit of the state except as authorized by K.S.A. 75-3649 or 75-3653, and amendments thereto.
(b) The secretary of administration shall present a report on or before December 31, 1994, and on or before each December 31 thereafter, to the joint committee on state building construction concerning any actions taken by the secretary pursuant to authority granted to the secretary under this section. The report shall describe the action taken and the statutory authority authorizing such action.
History: L. 1982, ch. 343, § 4; L. 1994, ch. 274, § 16; July 1.
(a) Subject to the provisions of subsection (c), the secretary of administration is hereby authorized to sell all or any portions of lots 145 to 169, inclusive, 173, 175, 177 and 179, all in the original town of Topeka, Shawnee county, Kansas.
(b) There is hereby created in the state treasury the property contingency fund. The proceeds from any sale authorized by subsection (a) shall be deposited in the state treasury and credited to the property contingency fund. Moneys credited to such fund shall first be used to retire any indebtedness on property described in subsection (a) and the remainder may be expended for supplemental rents, moving costs, equipment, space modification and remodeling costs, and other costs associated with moving state agencies from publicly owned or privately leased space to other quarters.
(c) The provisions of K.S.A. 75-3739 shall not be applicable to the sale of property described in subsection (a), but no sale of such property shall be made unless such property has been appraised by at least three disinterested appraisers. Such appraisements shall be in writing and filed with the secretary of administration. No agreement for the sale of such property shall be made unless the terms thereof have 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. Upon approval of the agreement by the state finance council, a deed conveying such real estate, in a form approved by the attorney general, shall be executed by the secretary of administration, and duly acknowledged by the secretary of administration before any officer authorized by law to take acknowledgments. Such deed shall contain a recital of all proceedings in compliance with this act, and such recital shall be prima facie evidence that the proceedings were carried out in the manner and form recited.
History: L. 1982, ch. 343, § 5; May 20.
(a) As an alternative to financing under K.S.A. 75-3649 and subject to the approval of the state finance council acting on the 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, the secretary of administration may issue revenue bonds for acquisition of the property described in K.S.A. 75-3648.
(b) There is hereby created in the state treasury the 900 Jackson street bond proceeds fund. The state treasurer shall deposit the proceeds received from the sale of revenue bonds authorized by this section in the 900 Jackson street bond proceeds fund. Subject to the approval of the attorney general required by K.S.A. 75-3648, the director of accounts and reports shall issue warrants to the seller or sellers of such property for the purchase price thereof, such warrants to be paid from moneys in the 900 Jackson street bond proceeds fund. On order of the secretary of administration, the director of accounts and reports shall transfer any moneys in the 900 Jackson street bond proceeds fund which are not and will not be required for acquisition of the property described in K.S.A. 75-3648 to the 900 Jackson street operating fund.
(c) Subject to the limitations of this act, the provisions of K.S.A. 75-3611, 75-3613, 75-3615 and 75-3616, and amendments to any of these sections, shall be applicable to revenue bonds authorized by this section and the secretary of administration may exercise the powers and authority authorized by such sections in the acquisition, development and management of the property described in K.S.A. 75-3648. Notwithstanding any provision of this subsection (c), the amount of bonds issued pursuant to this section shall be subject to the approval of the state finance council as provided in subsection (a) but shall not otherwise be limited as to amount.
(d) There is hereby created in the state treasury the 900 Jackson street bond and interest sinking fund. On order of the secretary of administration, the director of accounts and reports, in accordance with the covenants contained in the bonds issued pursuant to this section, shall transfer from the state buildings operating fund to the 900 Jackson street bond and interest sinking fund, an amount necessary to pay the principal and interest then due and unpaid upon such bonds. There shall be credited at least annually to the state buildings depreciation fund amounts as deemed necessary for installation, repair and replacement of equipment and facilities of the buildings and grounds described in K.S.A. 75-3648 and acquired and maintained under this act. The amounts to be so transferred from the state buildings operating fund to the 900 Jackson street bond and interest sinking fund and to the state buildings depreciation fund shall be determined at least annually by the secretary of administration.
History: L. 1982, ch. 343, § 6; L. 1983, ch. 287, § 22; July 1.
There is hereby created in the state treasury the state buildings operating 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 administration or by a person designated by the secretary.
History: L. 1983, ch. 287, § 13; July 1.
(a) There is hereby created in the state treasury the state buildings depreciation fund. All expenditures from the state buildings depreciation 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 administration or by a person designated by the secretary.
(b) Moneys shall be transferred in accordance with the provisions of this subsection from the state buildings operating fund to the state buildings depreciation fund which are sufficient to provide for the replacement of depreciable machinery and equipment and for maintenance and capital improvements, as authorized by appropriation act, for state-owned buildings at the former Forbes air force base in Shawnee county, Kansas, the state office building in Topeka, Kansas, the two office buildings in the 500 block of Kansas avenue in Topeka, Kansas and the office building located in the 900 block of Jackson street in Topeka, Kansas. The exact amount to be credited to the state buildings depreciation fund shall be determined by the secretary of administration, but such amount shall not be less than 5% of the amount collected by the state as rental charges for state-owned office space at the former Forbes air force base in Shawnee county, Kansas, the state office building in Topeka, Kansas, the two office buildings in the 500 block of Kansas avenue in Topeka, Kansas, and the office building located in the 900 block of Jackson street in Topeka, Kansas. The secretary of administration shall notify the director of accounts and reports of the amounts to be transferred, and the director of accounts and reports, on the first day of each month, shall transfer such amounts from the state buildings operating fund to the state buildings depreciation fund. Upon making such transfer the director of accounts and reports shall notify the state treasurer who shall make proper entries in the records showing such transfer.
History: L. 1983, ch. 287, § 14; July 1.
History: L. 1983, ch. 287, §§ 1 to 12; Repealed, L. 1988, ch. 334, § 1; July 1.
On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the property contingency fund interest earnings based on:
(a) The average daily balance of moneys in the property contingency fund for the preceding month; and
(b) the net earnings rate for the pooled money investment portfolio for the preceding month.
History: L. 1983, ch. 267, § 1; L. 1992, ch. 272, § 15; L. 1996, ch. 253, § 31; May 23.
The secretary of administration is hereby authorized to sell the Wichita state office building property located in the area of Douglas and Rutan streets in the city of Wichita, Kansas.
History: L. 1992, ch. 145, § 1; April 23.
In accordance with the provisions of this act and within the limitations of appropriations therefor, the secretary of administration may provide for the construction of a building or facility for use as a state printing plant.
History: L. 1984, ch. 312, § 1; July 1.
(a) To provide for the payment of the costs of constructing the facility described in K.S.A. 75-3675, and amendments thereto, and expenses related thereto, the pooled money investment board is authorized and directed to loan to the secretary of administration sufficient funds therefor in amounts which in the aggregate do not exceed $3,856,900. 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. Commencing on January 1, 1986, such loan shall bear interest at a rate of 8.8% for calendar year 1986; each year thereafter the rate of interest shall be fixed on January 1 of such year at a rate equal to the average yield before taxes received on 91-day United States treasury bills as determined by the federal reserve banks as fiscal agents of the United States at its most recent public offering of such bills in effect on such date. The loan principal and interest thereon shall be payable solely from revenues derived from charges imposed for services performed by the division of printing and credited to the intragovernmental printing service fund, or as otherwise provided by law. 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) There is hereby created in the state treasury the state printing plant construction fund. From and after the effective date of this act, the secretary of administration may periodically certify to the pooled money investment board amounts to be transferred pursuant to this subsection. Upon certification to the pooled money investment board by the secretary of administration of the amounts of the loan authorized by subsection (a), the pooled money investment board shall transfer amounts certified by the secretary of administration from the state bank accounts described in subsection (a) to the state printing plant construction fund which in the aggregate do not exceed the amount specified in subsection (a).
History: L. 1984, ch. 312, § 2; L. 1992, ch. 146, § 6; July 1.
Subject to the limitations of this section and K.S.A. 75-3676 the secretary of administration shall determine and certify to the pooled money investment board, on or before the date of the first certification pursuant to subsection (b) of K.S.A. 75-3676, the terms and conditions of repayment of the principal and interest of such loan amounts. Commencing in calendar year 1986, the principal and interest of such loan amounts shall be repaid in payments payable at least annually for a period of not more than 25 years. The repayment amounts shall be recomputed each year to reflect the interest rate prescribed by K.S.A. 75-3676 and shall be calculated each year on a substantially level payment basis based on a total original amortization period of 25 years.
History: L. 1984, ch. 312, § 3; July 1.
In accordance with the provisions of this act and within the limitations of appropriations therefor, the secretary of administration shall make renovations to the state-owned Santa Fe office building.
History: L. 1986, ch. 312, § 1; July 1.
(a) To provide for the payment of the costs of making renovations to the state-owned Santa Fe building and expenses related thereto, the pooled money investment board is authorized and directed to loan to the secretary of administration sufficient funds therefor in amounts which in the aggregate do not exceed $4,530,000. 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 funds for such loan. Commencing on January 1, 1988, such loan shall bear interest and the rate of interest shall be fixed each January 1 at a rate equal to the average yield before taxes received on 91-day United States treasury bills as determined by the federal reserve banks as fiscal agents of the United States at its most recent public offering of such bills in effect on such date. The loan principal and interest thereon shall be payable solely from revenues derived from charges imposed pursuant to K.S.A. 75-3651, and amendments thereto, or as otherwise provided by law. 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) There is hereby created in the state treasury the Santa Fe office building renovation fund. The secretary of administration may periodically certify to the pooled money investment board amounts to be transferred pursuant to this subsection. Upon certification to the pooled money investment board by the secretary of administration of each portion of the loan amount to be transferred, the pooled money investment board shall transfer the amount certified by the secretary of administration from the state bank accounts described in subsection (a) to the Santa Fe office building renovation fund, except that the total of the amounts so certified shall not exceed the loan amount specified in subsection (a).
History: L. 1986, ch. 312, § 2; L. 1992, ch. 146, § 7; July 1.
Commencing in calendar year 1988, the principal and interest of such loan amounts shall be repaid in payments payable annually in the month of March over a period of 15 years. The repayment amounts shall be recomputed each year to reflect the interest rate prescribed by K.S.A. 75-3679 and shall be calculated each year on a substantially level payment basis based on a total original amortization period of 15 years.
History: L. 1986, ch. 312, § 3; July 1.
(a) The secretary of administration, for and on behalf of the state of Kansas, is hereby authorized to exchange and convey the real property described in subsection (b) and improvements thereon to the first Presbyterian church, Topeka, Kansas, in consideration for which the first Presbyterian church, Topeka, Kansas, is hereby authorized to exchange and convey the real property described in subsection (c) and improvements thereon to the state of Kansas. The parties to such exchange and conveyance of real property and improvements thereon may negotiate and grant or convey easements in any real property exchanged and conveyed under this section. The exchange and conveyance of real property and improvements thereto by the secretary of administration under this section shall be executed in the name of the state of Kansas and shall be delivered upon receipt of a good and sufficient warranty deed from the first Presbyterian church, Topeka, Kansas, to the real property described in subsection (c). Before an agreement to exchange and convey such property is entered into under this section, arrangements shall be made to replace with other acceptable parking space the parking area lost by the state through the exchange of such property. The exchange and conveyance of real property and improvements thereon authorized under this section shall be made only upon approval of the state finance council, after review by the joint committee on state building construction, 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. Upon approval of the state finance council and before such real property and improvements thereon is exchanged and conveyed, the attorney general shall approve the instruments of conveyance of the secretary of administration to the first Presbyterian church, Topeka, Kansas, and the instruments of conveyance of the first Presbyterian church, Topeka, Kansas, to the secretary of administration and shall approve the title to the real property and improvements thereon exchanged and conveyed by the first Presbyterian church, Topeka, Kansas.
(b) In accordance with the provisions of this section, the secretary of administration is hereby authorized to exchange and convey the following described real property to the first Presbyterian church, Topeka, Kansas: A tract of land in lots 11, 13, 15, 17, 19, 21 and 23 on Eighth avenue east, original townsite of the city of Topeka, Shawnee county, Kansas, containing 22,750 square feet more or less.
(c) In accordance with the provisions of this section, the secretary of administration is hereby authorized to accept title on behalf of the state of Kansas to the following described real property conveyed to the state of Kansas by the first Presbyterian church, Topeka, Kansas: A tract of land in lots 277, 279, 281, 283, 285 and 287 on Harrison street, original townsite of the city of Topeka, Shawnee county, Kansas, containing 22,500 square feet more or less, upon which is located a house known as the Hiram Price Dillon house.
(d) The exchange and conveyance of real property and improvements thereon authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a and amendments thereto.
History: L. 1989, ch. 258, § 1; May 18.
Upon acquisition of the property as authorized by K.S.A. 75-3681 and amendments thereto, the same shall be placed under the charge, care, management and control of the secretary of administration, except that the use of such property and the assignment of space and facilities in the Hiram Price Dillon House located on such property shall be made by a vote of five members of the legislative coordinating council.
History: L. 1989, ch. 258, § 2; May 18.
(a) Subject to the approval of the legislative coordinating council, the Dillon House advisory commission established by the legislative coordinating council shall have the power to accept on behalf of the state any grants, gifts, contributions, bequests or donations of personal property or money for the purpose of restoring, renovating, furnishing, improving or beautifying the property identified in subsection (c) of K.S.A. 75-3681, and amendments thereto, which is known as the Hiram Price Dillon House. The Dillon House advisory commission shall advise the legislative coordinating council of any offers of gifts, contributions, grants, bequests or donations of items or services for the Hiram Price Dillon House.
(b) Any moneys donated for the Hiram Price Dillon House and received and accepted by the Dillon House advisory commission with the approval of the legislative coordinating council shall be paid to the department of administration and 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 Dillon House account within the state facilities gift fund established by K.S.A. 75-3684, and amendments thereto. If any monetary donation for the Hiram Price Dillon House is subject to terms and conditions established by the donor, the legislative coordinating council shall be advised of the donation and its associated terms and conditions and acceptance of the donation shall be approved by the legislative coordinating council before the donation is accepted and deposited in the state treasury.
History: L. 1999, ch. 33, § 4; L. 2001, ch. 5, § 384; July 1.
There is hereby established in the state treasury the state facilities gift fund which shall be administered by the secretary of administration. All expenditures from the state facilities gift fund shall be in accordance with the provisions of appropriation acts upon warrants of the director of accounts and reports pursuant to vouchers approved by the secretary of administration or the secretary's designee.
History: L. 1999, ch. 33, § 5; April 1.
(a) In accordance with the provisions of this section and in the discretion of the secretary of administration, whenever a contract will involve any repair, restoration, renovation, remodeling, refurnishing or other improvement to a state historic building, the contract shall not be subject to the provisions of:
(1) K.S.A. 75-430a, and amendments thereto, relating to publication of notice prior to negotiating for ancillary technical services or architectural, engineering or other related services;
(2) K.S.A. 75-1250 through 75-1266 or K.S.A. 75-5801 through 75-5807, and amendments thereto, relating to the acquisition of architectural, engineering, construction management or other services; or
(3) the competitive bid procedures and requirements of K.S.A. 75-3739 through 75-3744, and amendments thereto.
(b) With respect to any such contract, the provisions of K.S.A. 75-1258, 75-1264 and 75-3741c, and amendments thereto, shall apply to any such contract and to any such repair, restoration, renovation, remodeling, refurnishing or other improvement for a state historic building. The contract or project for any such repair, restoration, renovation, remodeling, refurnishing or other improvement shall be subject to such design, construction or other procedures and standards as may be prescribed by the secretary of administration therefor.
(c) As used in this section, "state historic building" means (1) the statehouse, (2) the property identified in K.S.A. 75-121, and amendments thereto, which is known as Cedar Crest, and (3) the property identified in subsection (c) of K.S.A. 75-3681, and amendments thereto, which is known as the Hiram Price Dillon house.
History: L. 1999, ch. 33, § 1; April 1.
(a) The secretary of administration may lease real estate titled in the name of the state of Kansas or any state agency, other than real estate which is held by a state agency under the jurisdiction and control of the state board of regents or by the Kansas department of transportation, upon a finding that such real estate is not currently required for state purposes. No such lease shall be executed until the secretary of administration has consulted with and reviewed the lease with the joint committee on state building construction. Except as otherwise specifically provided by law, the state buildings operating fund shall be utilized for the operating expenses and revenues of any such leased property.
(b) Any real estate leased by the state pursuant to this section shall be exempt from ad valorem taxation as long as such property is owned by the state of Kansas and such property is:
(1) Used by the state of Kansas or any of its agencies;
(2) vacant;
(3) leased by an entity exempt from the payment of ad valorem taxation; or
(4) used for a purpose that is exempt from the payment of ad valorem taxation.
The provisions of K.S.A. 79-201 et seq., and amendments thereto, requiring the requesting and filing of property tax exemptions shall not apply to the exemption provided by this section.
(c) The only portion of state-owned property that shall not be exempt from ad valorem taxation is the actual space leased by a person or entity that is not exempt from the payment of ad valorem taxation and is not used for a tax exempt purpose. Any common area used by such a lessee that is also used by the state, an entity exempt from the payment of ad valorem taxation or used for the purpose that is exempt from the payment of ad valorem taxation, shall be exempt from ad valorem taxation.
(d) The provisions of K.S.A. 41-719, and amendments thereto, relating to alcoholic liquor and the provisions of K.S.A. 75-3337 et seq., and amendments thereto, relating to vending facilities on state property shall not be applicable to property leased pursuant to this section unless the lessee is a governmental entity.
History: L. 2002, ch. 200, § 4; June 6.
(a) The secretary of administration is hereby authorized and empowered, for and on behalf of the state of Kansas, to sell and convey all of the rights, title and interest in the following tracts of real estate located in Shawnee county, Kansas:
TRACT 1: The South 7 feet of Lot 160, and all Lots 162, 164, 166 and 168, on Harrison Street; AND Lots 26, 28, 30, 32, 34 and 36 on 6th Avenue East, along with vacated alley lying South of Lot 168 on Harrison Street, and North of Lots 26, 28, 30, 32, 34 and 36 on 6th Avenue East, all in the Original Town, City of Topeka, Shawnee County, Kansas.
TRACT 2: Lots 25, 27, 29, 31, 33, 35, 37, 39, 41, 43, 45 and 47, on 6th Avenue East; AND Lots 193, 195, 197, 199, 201, 203, 205, 207, 209, 211, 213, and 215 on Van Buren Street; AND Lots 194, 196, 198, 200, 202, 204, and 206, on Harrison Street, along with all of the vacated alleys in the block bounded by 6th Avenue on the North, Van Buren Street on the East, Seventh Avenue on the South, and Harrison Street on the West, all in the Original Town, City of Topeka, Shawnee County, Kansas, except the South 1.5 feet of said Lot 206.
TRACT 3: Lots 217, 219, 221, 223, 225, 227, 229, 231 and 233 on Van Buren Street; AND Lots 218, 220, 222, 224, 226, 228, 230, 232 and 234 on Harrison Street, along with the vacated alley lying West of Lots 217 through 233 (odd) on Van Buren Street and East of Lots 218 through 234 (even) on Harrison Street; AND Lots 236, 238 and 240 on Harrison Street, all in the Original Town, City of Topeka, Shawnee County, Kansas.
(b) No sale or conveyance of the real property described in subsection (a) shall be authorized or approved by the secretary of administration without having first advised and consulted with and approved by the joint committee on state building construction.
(c) Prior to the sale or conveyance of the real property described in subsection (a), the state finance council shall approve the sale, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711, and amendments thereto. The matter may be submitted to the state finance council for approval at any time, including periods of time during which the legislature is in session.
(d) (1) When the sale is made, the proceeds thereof 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 Eisenhower building escrow fund which is hereby created in the state treasury. Moneys in the Eisenhower building escrow fund shall be used only to: (A) Call and redeem outstanding bonds associated with any of the property described in subsection (a) in accordance with their terms on or after their first optional redemption date as may be permitted in accordance with the applicable bond covenants, along with any other legally available revenues as may be necessary; and (B) pay the expenses of such sale and any costs of appraisal.
(2) The Kansas development finance authority shall be responsible for certifying to the secretary of administration and the state treasurer that the outstanding bonds associated with any of the property described in subsection (a) have been legally defeased in full. The president of the Kansas development finance authority shall transmit a copy of such certification to the director of legislative research.
(3) Upon receiving such certification, except as provided in subsection (f), the state treasurer shall transfer any remaining moneys in the Eisenhower building escrow fund as provided for the proceeds from the sale of surplus real estate pursuant to subsection (f) of K.S.A. 75-6609, and amendments thereto.
(4) Expenditures from the Eisenhower building escrow fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of administration.
(e) In the event that the secretary of administration determines that the legal description of the parcel described by this section is incorrect, the secretary of administration may convey the property utilizing the correct legal description but the deed conveying the property shall be subject to the approval of the attorney general.
(f) The director of accounts and reports, in consultation with the secretary of administration, shall transfer any remaining moneys pursuant to subsection (d)(3) from such sale proceeds, not exceeding $15,000,000 in total sum combined with the sale proceeds from K.S.A. 75-3688, and amendments thereto, to the docking state office building rehab, repair and razing fund of the department of administration. The secretary of administration shall determine and certify the amount of moneys that are transferred under this subsection. The secretary shall transmit a copy of such certification to the director of legislative research.
History: L. 2014, ch. 91, § 1; April 24.
(a) The secretary of administration is hereby authorized and empowered, for and on behalf of the state of Kansas, to sell and convey all of the rights, title and interest in the following tract of real estate located in Shawnee county, Kansas:
A tract of land in the Southeast Quarter of Section 31, Township 11 South, Range 16 East of the 6th Principal Meridian in the City of Topeka, County of Shawnee, State of Kansas, and more particularly described as follows: All of Lots Nos. 290, 292, 294, 296, 298, 300, 302, 304, 306, 308, 310, and 312 on Jackson Street in original town and the Northerly one-half of alley lying Southerly of and adjacent to Lot 312 as vacated by Ordinance No. 3009 dated October 6, 1909, and pursuant to Ord. 3021 dated Nov. 19, 1909, and A.T.&S.F. Cont. No. 25487 filed with Register of Deeds, Shawnee County, March 15, 1982, at 1:48 p.m. in Book 2160, commencing on page 172. Said lots and portion of vacated alley containing 46,800 square feet of land, more or less.
(b) No sale or conveyance of the real property described in subsection (a) shall be authorized or approved by the secretary of administration without having first advised and consulted with and approved by the joint committee on state building construction.
(c) Prior to the sale or conveyance of the real property described in subsection (a), the state finance council shall approve the sale, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711, and amendments thereto. The matter may be submitted to the state finance council for approval at any time, including periods of time during which the legislature is in session.
(d) When the sale is made, the proceeds thereof shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of such remittance, except as provided in subsection (f), the state treasurer shall deposit the entire amount in the state treasury and credit as provided for the proceeds from the sale of surplus real estate pursuant to subsection (f) of K.S.A. 75-6609, and amendments thereto.
(e) In the event that the secretary of administration determines that the legal description of the parcel described by this section is incorrect, the secretary of administration may convey the property utilizing the correct legal description but the deed conveying the property shall be subject to the approval of the attorney general.
(f) The director of accounts and reports, in consultation with the secretary of administration, shall transfer any moneys pursuant to subsection (d) from such sale proceeds, not exceeding $15,000,000 in total sum combined with the sale proceeds from K.S.A. 75-3687, and amendments thereto, to the docking state office building rehab, repair and razing fund of the department of administration. The secretary of administration shall determine and certify the amount of moneys that are transferred under this subsection. The secretary shall transmit a copy of such certification to the director of legislative research.
History: L. 2014, ch. 91, § 2; April 24.
(a) The secretary of administration is hereby authorized and empowered, for and on behalf of the state of Kansas, to act as the tenant for the state of Kansas - Kansas department for children and families, known as the department of social and rehabilitation services in the lease with option to purchase agreement dated January 1, 1999, to exercise such tenant's option to purchase the Van Buren project and the land pursuant to such lease with option to purchase agreement.
(b) No option to purchase, sale or conveyance of the real property described in subsection (a) shall be authorized or approved by the secretary of administration without having first advised and consulted with and approved by the joint committee on state building construction.
(c) Prior to the exercising of the option to purchase and the sale or conveyance of the real property described in subsection (a), the state finance council shall approve the option to purchase and sale, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711, and amendments thereto. The matter may be submitted to the state finance council for approval at any time, including periods of time during which the legislature is in session.
(d) When such option has been exercised, the secretary of administration is hereby authorized and empowered, for and on behalf of the state of Kansas, to sell and convey all of the rights, title and interest in the Van Buren project and land subject to the terms and conditions of the lease and any outstanding bonds.
(e) When the sale is made, the proceeds thereof shall be used only to: (1) Call and redeem outstanding bonds associated with the Van Buren project and the land in accordance with their terms on or after their first optional redemption date as may be permitted in accordance with the applicable bond covenants, along with any other legally available revenues as may be necessary; (2) pay the costs and expenses resulting from exercising the option to purchase; and (3) pay the closing costs and expenses of such sale. Any remaining moneys shall be remitted to the state treasurer in accordance with the provisions of 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 and credit as provided for the proceeds from the sale of surplus real estate pursuant to subsection (f) of K.S.A. 75-6609, and amendments thereto.
(f) In the event that the secretary of administration determines that the legal description of the parcel described by this section is incorrect, the secretary of administration may convey the property utilizing the correct legal description but the deed conveying the property shall be subject to the approval of the attorney general.
(g) As used in this section:
(1) "Van Buren project and land" means the following described real estate located in Shawnee County, Kansas, including all buildings, improvements, machinery and equipment constructed, located or installed on such real estate:
All of lots 146, 148, 150, 152, 154, 156, 158, 160, 162, 164, 166 and 168 on Van Buren streets in the City of Topeka, Shawnee County, Kansas.
(2) "Lease with option to purchase agreement dated January 1, 1999" means the lease with option to purchase agreement dated January 1, 1999, as amended, entered into between the Topeka public building commission and the state of Kansas - department of social and rehabilitation services, currently known as the Kansas department for children and families.
History: L. 2014, ch. 91, § 3; April 24.
(a) The secretary of administration is hereby authorized and empowered, for and on behalf of the state of Kansas, as the tenant for the state of Kansas - Kansas department administration in the lease with option to purchase agreement dated December 1, 1998, to exercise such tenant's option to purchase the Curtis state office building and the land pursuant to such lease with option to purchase agreement.
(b) No option to purchase, sale or conveyance of the real property described in subsection (a) shall be authorized or approved by the secretary of administration without having first advised and consulted with and approved by the joint committee on state building construction.
(c) Prior to the exercising of the option to purchase and the sale or conveyance of the real property described in subsection (a), the state finance council shall approve the option to purchase and sale, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711, and amendments thereto. The matter may be submitted to the state finance council for approval at any time, including periods of time during which the legislature is in session.
(d) When such option has been exercised, the secretary of administration is hereby authorized and empowered, for and on behalf of the state of Kansas, to sell and convey all of the rights, title and interest in the Curtis state office building and land subject to the terms and conditions of the lease and any outstanding bonds.
(e) When the sale is made, the proceeds thereof shall be used only to: (1) Call and redeem outstanding bonds associated with the Curtis state office building and the land in accordance with their terms on or after their first optional redemption date as may be permitted in accordance with the applicable bond covenants, along with any other legally available revenues as may be necessary; (2) pay the costs and expenses resulting from exercising the option to purchase; and (3) pay the closing costs and expenses of such sale. Any remaining moneys shall be remitted to the state treasurer in accordance with the provisions of 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 and credit as provided for the proceeds from the sale of surplus real estate pursuant to subsection (f) of K.S.A. 75-6609, and amendments thereto.
(f) In the event that the secretary of administration determines that the legal description of the parcel described by this section is incorrect, the secretary of administration may convey the property utilizing the correct legal description but the deed conveying the property shall be subject to the approval of the attorney general.
(g) As used in this section:
(1) "Curtis state office building and land" means the following described real estate located in Shawnee County, Kansas, including all buildings, improvements, machinery and equipment constructed, located or installed on such real estate:
Lots 325, 327, 329, 331, 333, 335, 337, 339, 341, 343, 345 and 347 on Kansas Avenue; Lots 73, 75, 77, 79, 81, 83, 85, 87 and 89 on 10th Avenue East; and Lots 338, 340, 342, 344, 346 and 348 on Jackson Street in the City of Topeka, Shawnee County, Kansas.
(2) "Lease with option to purchase agreement dated December 1, 1998" means the lease with option to purchase agreement dated December 1, 1998, as amended, entered into between the Topeka public building commission and the state of Kansas - department of administration.
History: L. 2014, ch. 91, § 4; April 24.
(a) The secretary of administration is hereby authorized and empowered, for and on behalf of the state of Kansas, as the tenant for the state of Kansas - Kansas department administration in the lease with option to purchase agreement dated December 1, 1998, to exercise such tenant's option to purchase the Curtis parking facility and the land pursuant to such lease with option to purchase agreement.
(b) No option to purchase, sale or conveyance of the real property described in subsection (a) shall be authorized or approved by the secretary of administration without having first advised and consulted with and approved by the joint committee on state building construction.
(c) Prior to the exercising of the option to purchase and the sale or conveyance of the real property described in subsection (a), the state finance council shall approve the option to purchase and sale, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711, and amendments thereto. The matter may be submitted to the state finance council for approval at any time, including periods of time during which the legislature is in session.
(d) When such option has been exercised, the secretary of administration is hereby authorized and empowered, for and on behalf of the state of Kansas, to sell and convey all of the rights, title and interest in the Curtis parking facility and land subject to the terms and conditions of the lease and any outstanding bonds.
(e) When the sale is made, the proceeds thereof shall be used only to: (1) Call and redeem outstanding bonds associated with the Curtis parking facility and the land in accordance with their terms on or after their first optional redemption date as may be permitted in accordance with the applicable bond covenants, along with any other legally available revenues as may be necessary; (2) pay the costs and expenses resulting from exercising the option to purchase; and (3) pay the closing costs and expenses of such sale. Any remaining moneys shall be remitted to the state treasurer in accordance with the provisions of 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 and credit as provided for the proceeds from the sale of surplus real estate pursuant to subsection (f) of K.S.A. 75-6609, and amendments thereto.
(f) In the event that the secretary of administration determines that the legal description of the parcel described by this section is incorrect, the secretary of administration may convey the property utilizing the correct legal description but the deed conveying the property shall be subject to the approval of the attorney general.
(g) As used in this section:
(1) "Curtis parking facility and land" means the following described real estate located in Shawnee County, Kansas, including all buildings, improvements, machinery and equipment constructed, located or installed on such real estate:
Lots 349, 351, 353, 357 and 359 on Kansas Avenue; and Lots 350, 352, 354, 356, 358 and 360 on Jackson Street in the City of Topeka, Shawnee County, Kansas.
(2) "Lease with option to purchase agreement dated December 1, 1998" means the lease with option to purchase agreement dated December 1, 1998, as amended, entered into between the Topeka public building commission, the state of Kansas - department of administration and the City of Topeka, Kansas.
History: L. 2014, ch. 91, § 5; April 24.
(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 is:
(A) Any state officer or employee required to file a written statement of substantial interests pursuant to the state governmental ethics law;
(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 in Shawnee county or the governing body of Shawnee county; 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 any entity to bid on or purchase any property described in K.S.A. 75-3687, 75-3688, 75-3689, 75-3690 or 75-3691, and amendments thereto.
(c) No state or local official or affiliated person shall represent, appear for or negotiate on behalf of any person or entity submitting a proposal to bid on or purchase any property described in K.S.A. 75-3687, 75-3688, 75-3689, 75-3690 or 75-3691, and amendments thereto.
(d) 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 or entity submitting a proposal to bid on or purchase any property described in K.S.A. 75-3687, 75-3688, 75-3689, 75-3690 or 75-3691, and amendments thereto.
(e) No state or local official shall solicit or accept, directly or indirectly, any complimentary service or discount from any person submitting a proposal to bid on or purchase any property described in K.S.A. 75-3687, 75-3688, 75-3689, 75-3690 or 75-3691, and amendments thereto, 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.
(f) No state or local official shall influence, or attempt to influence, by use of official authority, the decision of the secretary of administration in selling or conveying any property described in K.S.A. 75-3687, 75-3688, 75-3689, 75-3690 or 75-3691, and amendments thereto. Any such attempt shall be reported promptly to the attorney general.
(g) Willful violation of this section is a class A misdemeanor.
History: L. 2014, ch. 91, § 6; April 24.
As used in this section and K.S.A. 75-36,102 through 75-36,106, and amendments thereto:
(a) "Director" means the director of the division of facilities management.
(b) "Division" means the division of facilities management within the department of administration.
(c) "Memorial" means any permanent commemorative plaque, monument, sculpture, statuary, work of art or other object, structure or capital improvement project, but does not include construction or maintenance of walkways or roadways or any landscaping, landscape gardening or other maintenance or development of the capitol grounds unless such project or activity is specifically for commemorative purposes.
History: L. 2001, ch. 12, § 1; March 22.
(a) The fallen firefighters memorial adjacent to the Kansas firefighters museum at 1300 S. Broadway Wichita, KS 67211, is hereby designated as the official fallen firefighters memorial within the state of Kansas. Annually, the director shall cause the name or names of any firefighters who have lost their lives in the line of duty in the service of the state to be inscribed upon the memorial.
(b) It shall be the duty of the state fire marshal on or before the 15th day of March of each year to notify the secretary of administration of the name or names of any firefighters who have lost their lives in the line of duty during the preceding calendar year. The state fire marshal shall gather the necessary information regarding any such firefighter and report such information to the director.
(c) The Kansas fallen firefighters memorial council is hereby authorized to receive any grants, gifts, contributions or bequests made for the purpose of financing expenditures authorized pursuant to subsection (d).
(d) There is hereby established in the state treasury the Kansas fallen firefighters memorial fund. Expenditures from the fund shall be made for the purposes of updating and repairing the fallen firefighters memorial and may be made for other purposes related to memorializing and honoring Kansas firefighters 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 Kansas fallen firefighters memorial council and made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of administration or the secretary's designee.
(e) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas fallen firefighters memorial fund interest earnings based on:
(1) The average daily balance of moneys in the Kansas fallen firefighters memorial fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
History: L. 2001, ch. 12, § 2; L. 2025, ch. 80, § 5; April 24.
History: L. 2001, ch. 12, § 3; Repealed, L. 2025, ch. 80, § 6; April 24.
(a) The secretary of administration shall review the historic structure report on the capitol and shall develop and maintain a preservation plan for the capitol grounds. In addition, the secretary of administration shall develop guidelines and standards for memorials on the grounds of the capitol. All guidelines and standards for memorials on the grounds of the capitol shall be consistent with the statement of purpose and use for the capitol grounds and shall be designed to:
(1) Ensure the subjects of memorials are of historic and lasting significance for Kansas;
(2) ensure the design excellence of all memorials on the grounds of the capitol;
(3) preserve, protect and enhance the limited amount of available space on the capitol grounds;
(4) preserve and further the implementation of the long-range plan of development for the capitol area;
(5) ensure that memorials proposed for the grounds of the capitol are appropriately planned, designed and sited and are reviewed, funded and constructed in a timely manner;
(6) ensure that adequate and appropriate opportunities are provided for the involvement of or comment by interested members of the public throughout the development of the proposal for the memorial; and
(7) ensure that individuals, groups and organizations have a clear understanding of the process that must be completed in order to propose and to have a memorial constructed or placed on the grounds of the capitol.
(b) After advising and consulting with the state historic preservation officer of the state historical society, the legislative coordinating council and the heads of other state agencies with offices located in the capitol, the secretary of administration shall recommend guidelines and standards for memorials on the grounds of the capitol to the capitol area plaza authority. After receipt of such guidelines and standards, the capitol area plaza authority shall review and consider such guidelines and standards. If the authority approves of the proposed guidelines and standards, the authority shall adopt the proposed guidelines and standards for memorials on the grounds of the capitol. If the authority does not adopt the recommended guidelines and standards or any amendments thereto, the authority shall make recommendations to the secretary of administration for amendments or additions to the proposed guidelines and standards or any amendments thereto.
(c) In the same manner, the secretary of administration may propose and recommend amendments or additions to the guidelines and standards for memorials on the grounds of the capitol for consideration by the capitol area plaza authority.
History: L. 2001, ch. 12, § 4; March 22.
History: L. 2001, ch. 12, §§ 5, 6; Repealed, L. 2010, ch. 139, § 3; July 1.
The Kansas firefighters memorial advisory committee is hereby abolished, and all powers, duties, functions, records and other property of the Kansas firefighters memorial advisory committee are hereby transferred to the Kansas fallen firefighters memorial council created by section 2, and amendments thereto.
History: L. 2025, ch. 80, § 1; April 24.
(a) There is hereby established the Kansas fallen firefighters memorial council, which shall be composed of nine members as follows:
(1) A representative of the Kansas state firefighters association appointed by the governor;
(2) a representative of the Kansas state association of fire chiefs appointed by the governor;
(3) a representative of the Kansas firefighters museum appointed by the governor;
(4) a representative of the Kansas council of firefighters appointed by the governor;
(5) a representative of the Wichita park board appointed by the governor;
(6) a representative of the Kansas state funeral assistance team appointed by the governor;
(7) a representative of the fire marshal's association of Kansas appointed by the governor;
(8) the state fire marshal or the marshal's designee; and
(9) the executive director of the Kansas state historical society or the executive director's designee.
(b) The council shall make recommendations to the governor and the legislature regarding appropriate activities memorializing or commemorating the services of firefighters in Kansas, including, but not limited to, recommendations concerning the updating and repairing of the fallen firefighters memorial pursuant to K.S.A. 75-36,102, and amendments thereto. The council may solicit grants, gifts, contributions and bequests for the memorial and shall remit all moneys so received for deposit in the state treasury to the credit of the Kansas firefighters memorial fund in accordance with K.S.A. 75-36,102, and amendments thereto.
(c) The members of the council shall organize annually by electing a chairperson and vice chairperson. The council shall meet at least once each year upon the call of the chairperson. The secretary of administration, or the secretary's designee, shall serve as secretary for the council. Members of the council appointed by the governor under this section shall serve at the pleasure of the governor.
History: L. 2025, ch. 80, § 2; April 24.
As used in part I of this act unless the context requires otherwise:
(1) "Department" means the department of administration;
(2) "executive director" means the secretary of administration;
(3) "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;
(4) "personnel director" means the director of personnel services;
(5) "finance council" means the state finance council created by K.S.A. 75-3708;
(6) "allotment" means a limitation on the use of amounts available to state agencies under the allotment system with a period of from one (1) to twelve (12) months within a fiscal year;
(7) "incoming governor" means the person entitled to hold the office of governor until the adjournment of the regular legislative session to which the governor's budget report is to be submitted;
(8) "regular legislative session" means a regular annual session required by the Kansas constitution.
History: L. 1953, ch. 375, § 1; L. 1967, ch. 459, § 1; L. 1972, ch. 332, § 67; L. 1978, ch. 345, § 13; July 1.
History: L. 1953, ch. 375, § 2; L. 1963, ch. 419, § 13; L. 1965, ch. 461, § 1; L. 1965, ch. 458, § 38; Repealed, L. 1972, ch. 332, § 97; July 1.
(a) There is hereby created a department of administration, the head of which shall be the secretary of administration. The governor shall appoint the secretary of administration, 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 of administration shall serve at the pleasure of the governor. The department of administration shall be administered under the direction and supervision of the secretary of administration. The secretary of administration shall receive an annual salary fixed by the governor.
(b) The provisions of the Kansas governmental operations accountability law apply to the department of administration, and the department is subject to audit, review and evaluation under such law.
History: L. 1972, ch. 332, § 1; L. 1982, ch. 347, § 55; L. 1990, ch. 314, § 1; L. 1992, ch. 116, § 42; L. 2001, ch. 86, § 8; L. 2008, ch. 121, § 23; July 1.
(a) All the powers, duties and functions of the existing state department of administration and the existing executive director of the department of administration are hereby transferred to and conferred and imposed, respectively, upon the department of administration and the secretary of administration created by this act, except as is herein otherwise provided.
(b) The department of administration and the secretary of administration created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the state department of administration and executive director of the department of administration in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed in the exercise of such powers, duties and functions by or under the authority of the department of administration or secretary of administration created by this act, respectively, shall be deemed to have the same force and effect as if performed by the state department of administration or executive director of the department of administration, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the state department of administration, 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 administration created by this act.
(d) Whenever the executive director of the department of administration, 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 administration created by this act.
(e) All rules and regulations and all orders and directives of the department of administration or the executive director of the department of administration 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 administration created by this act, until revised, amended or revoked as provided in K.S.A. 75-3706; or until the same are nullified according to law.
(f) The department of administration and secretary of administration created by this act, respectively, shall be continuations of the state department of administration created by K.S.A. 75-3702 and the executive director of the department of administration created by K.S.A. 75-3703.
History: L. 1972, ch. 332, § 2; July 1.
Except as provided in article 12 of chapter 75 of Kansas Statutes Annotated, the secretary of administration shall appoint, subject to the Kansas civil service act, all officers and employees of the department of administration, and all such officers and employees shall be within the classified service, unless otherwise specifically provided by law.
History: L. 1972, ch. 332, § 30; L. 1976, ch. 387, § 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 existing state agency mentioned in this act, or by or against any officer of the state in his or her official capacity or in relation to the discharge of official duties, shall abate by reason of the taking effect of reorganization 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 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 act.
History: L. 1972, ch. 332, § 31; July 1.
Effective July 1, 1972, officers and employees who were engaged immediately prior to said date in the performance of powers, duties, and functions of any existing state agency which becomes a part of the department of administration created by this act or the powers, duties and functions of which are transferred to the department of administration created by this act, and who, in the opinion of the secretary of administration are necessary to perform the powers, duties, and functions of the department of administration, or of any division, section, or other unit thereof shall become officers and employees of the department of administration, and shall retain all retirement benefits and all rights of civil service which such officer or employee had before July 1, 1972, 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. This section shall not apply to members of boards, commissions and councils.
History: L. 1972, ch. 332, § 32; July 1.
In all cases where, under the provisions of this act, part or all of the powers, duties, and functions of any existing state agency are divided between the department of administration and any other existing state agency or newly created department, division or officer, the department of administration 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. Any conflict as to the proper disposition of such property or records arising under this section, and resulting from the transfer or abolishment, of any existing 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. 1972, ch. 332, § 33; 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. 1972, ch. 332, § 34; July 1.
History: L. 1972, ch. 332, § 35; L. 1976, ch. 387, § 6; Repealed, L. 1994, ch. 274, § 24; July 1.
If any word, phrase, sentence or provision of this act is determined to be invalid, such invalidity shall not affect the other provisions of this act and they shall be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable.
History: L. 1972, ch. 332, § 96; July 1.
(a) Subject to the limitations of this section, the secretary of administration may organize the department of administration in the manner the secretary deems most efficient. Division heads and employees of the department of administration 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 administration may prescribe. Such division heads and employees shall act for, and exercise the powers of, the secretary of administration to the extent authority to do so is delegated by the secretary of administration.
(b) Subject to the provisions of subsections (a) and (c), personnel of each division of the department of administration shall perform such duties and shall exercise such powers as the head of the division may prescribe and shall perform such duties and shall exercise powers as are prescribed by law. Personnel of each division shall act for, and exercise the powers of, their division head to the extent the authority to do so is delegated by the division head.
(c) Whenever any power, duty or function is designated by statute to be carried out by a particular organizational unit or employee within the department of administration, the secretary of administration is authorized to transfer any such power, duty or function to any other organizational unit or employee within the department. Included within the secretary's authority to reorganize the department is the authority to abolish organizational units and consolidate powers, duties and functions of such organizational units. Transfers and reorganization pursuant to this subsection (c) shall be subject to the approval of the governor.
(d) The division of the budget shall not be subject to the provisions of subsections (a) or (c).
History: L. 1994, ch. 274, § 15; July 1.
(a) The secretary of commerce, for the sole purpose of efficiently wrapping up and concluding the affairs of Kansas, Inc. and satisfying any outstanding liabilities or commitments of Kansas, Inc., shall be the successor in every way to the powers, duties, and functions of the Kansas, Inc., and its chief executive officer and president, hereinafter referred to as president, in which the same were vested prior to the effective date of this order. Every act performed in the exercise of such abolished powers, duties, and functions by or under the authority of the secretary of commerce shall be performed by the existing employees of the department of commerce and shall be deemed to have the same force and effect as if performed by Kansas, Inc., or its president in which such powers, duties, and functions were vested prior to the effective date of K.S.A. 74-8001a and 75-3702k through 75-3702p, and amendments thereto.
(b) In furtherance of the sole purpose set forth in subsection (a) above, whenever Kansas, Inc., or words of like effect are referred to or designated by a statute, contract, memorandum of agreement or other document, such reference or designation shall be deemed to apply to the secretary of commerce.
(c) In furtherance of the sole purpose set forth in subsection (a) above, whenever the president of Kansas Inc., or words of like effect are referred to or designated by a statute, contract, memorandum of agreement or other document, such reference or designation shall be deemed to apply to the secretary of commerce.
(d) In furtherance of the sole purpose set forth in subsection (a) above, all rules and regulations, orders, and directives of Kansas, Inc., or its president which are in effect on the effective date of K.S.A. 74-8001a and 75-3702k through 75-3702p, and amendments thereto, 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.
(e) In furtherance of the sole purpose set forth in subsection (a) above, all orders and directives of the Kansas, Inc., or its president in existence on the effective date of K.S.A. 74-8001a and 75-3702k through 75-3702p, and amendments thereto, shall continue to be effective and shall be deemed to be orders and directives of the secretary of commerce, until revised, amended or nullified pursuant to law.
History: Executive Reorganization Order No. 37, § 2; L. 2011, ch. 133, § 2; L. 2012, ch. 65, § 30; July 1.
(a) The secretary of commerce shall succeed to whatever right, title or interest that Kansas, Inc., has acquired in any real property in this state, and the secretary of commerce shall hold the same for and in the name of the state of Kansas.
(b) Whenever any statute, contract, deed or other document concerns the power or authority of Kansas, Inc., or its president to acquire, hold or dispose of real property or any interest therein, the secretary of commerce shall succeed to such power or authority.
History: Executive Reorganization Order No. 37, § 3; L. 2011, ch. 133, § 3; L. 2012, ch. 65, § 31; July 1.
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 Kansas, Inc., or its president.
History: Executive Reorganization Order No. 37, § 4; L. 2011, ch. 133, § 4; L. 2012, ch. 65, § 32; July 1.
(a) The balances of all funds or accounts thereof appropriated or reappropriated for Kansas, Inc., relating to the powers, duties, and functions abolished by K.S.A. 74-8001a and 75-3702k through 75-3702p, and amendments thereto, 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 employees of Kansas, Inc., during the period commencing on the first day of the first payroll period chargeable to fiscal year 2012 and ending in* on June 30, 2011, shall be assumed and paid by the department of commerce.
History: Executive Reorganization Order No. 37, § 5; L. 2011, ch. 133, § 5; L. 2012, ch. 65, § 33; July 1.
When any conflict arises as to the disposition of any records, property, power, duty, or function or the unexpended balance of any appropriation as a result of any abolition made by or under the authority of K.S.A. 74-8001a and 75-3702k through 75-3702p, and amendments thereto, such conflict shall be resolved by the governor, whose decision shall be final.
History: Executive Reorganization Order No. 37, § 6; L. 2011, ch. 133, § 6; 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. 74-8001a and 75-3702k through 75-3702p, 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. 74-8001a and 75-3702k through 75-3702p, 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. 74-8001a and 75-3702k through 75-3702p, and amendments thereto.
History: Executive Reorganization Order No. 37, § 7; L. 2011, ch. 133, § 7; July 1.
Except as otherwise provided in this act, the secretary of administration 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 administration.
The secretary of administration shall keep a seal which shall be surrounded by the words "secretary of administration of the department of administration of Kansas," which shall be of such diameter and with such device as the governor and the secretary of administration may prescribe, an impression of which shall be filed in the office of secretary of state. Copies of any such department of administration record, memorandum, writing, entry, print, representation, or combination thereof, or of any production thereof pursuant to any authority conferred by law, certified by him or her, and authenticated by seal, shall in all cases be evidence in all courts or administrative agencies equally and in like manner as the original.
History: L. 1953, ch. 375, § 3; L. 1965, ch. 461, § 2; L. 1972, ch. 332, § 68; July 1.
History: L. 1953, ch. 375, § 4; L. 1965, ch. 461, § 3; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1965, ch. 472, § 1; Repealed, L. 1972, ch. 332, § 97; July 1.
Revisor's Note: Section transferred to 75-4706.
Revisor's Note: Section transferred to 75-4707.
History: L. 1953, ch. 375, § 5; L. 1965, ch. 461, § 4; Repealed, L. 1967, ch. 434, § 69; July 1.
The secretary of administration may appoint attorneys for the department of administration and its divisions and officers, except attorneys for the state finance council. All attorneys appointed under this section shall be subject to assignment and reassignment of duty within the department of administration as may be determined by the attorney designated by the secretary of administration as chief attorney of the department of administration. All attorneys appointed hereunder shall be in the unclassified service and shall receive annual salaries fixed by the secretary of administration and approved by the state finance council.
History: L. 1972, ch. 332, § 29; July 1.
The secretary of administration shall submit to the governor proposed rules and regulations with respect to the manner of performance of any power or duty of the department, the execution of any business of the department and its relations to and business with other state agencies, appeals from the final decisions or final actions of the secretary of administration, and such other matters as are provided by law. Before any such proposed rules and regulations are submitted to the governor, the same shall have received the approval required by K.S.A. 77-420, the attorney general shall have made the finding required by K.S.A. 77-420, and the secretary of administration shall have held the hearing thereon required by K.S.A. 77-421. The governor shall either approve, modify and approve or reject any such proposed rules and regulations. The secretary of administration shall adopt such rules and regulations so approved or so modified and approved.
History: L. 1953, ch. 375, § 6; L. 1972, ch. 332, § 69; L. 1980, ch. 275, § 1; July 1.
In general, but not by way of limitation, the department of administration shall have and exercise administrative functions of the state, in the manner as provided by law, in relation to:
(1) Developing financial policies and plans for consideration by the governor and incoming governor as the basis for the budget and recommendations to the legislature, and preparing the detailed documents in accordance with such financial plans for presentation to the legislature.
(2) Coordinating and supervising the fiscal affairs and fiscal procedures of the state to insure the carrying into effect of the definite financial policies and plans approved by the legislature.
(3) Accounting, including budgetary accounting, and accounting control of the incurring of obligations.
(4) Fiscal reporting.
(5) Preauditing of claims, commitments, disbursements, receipts and receivables.
(6) Special investigations upon request of the governor or the finance council.
(7) Purchasing.
(8) Storekeeping and control of stores.
(9) Installing and maintaining records of state property and establishing accountability for property of state agencies.
(10) Keeping accounts concerning receivables.
(11) Issuing warrants on the state treasurer for all claims to be paid out of the state treasury.
(12) Developing plans for improvements and economies in organization and operation of the several state agencies and installing such plans as are approved by the respective heads of such agencies or as directed by law or by the governor with the approval of the finance council.
(13) Personnel matters as to (a) recruitment, (b) working conditions, (c) terms of employment, (d) vacations, (e) sick and other leaves, (f) tenure and termination of employment, (g) pay scales, and (h) determining when and if salary ranges assigned to classified positions shall be changed so as to either increase or decrease the cost of such employment.
History: L. 1953, ch. 375, § 7; L. 1972, ch. 332, § 70; L. 1978, ch. 332, § 43; July 1.
Revisor's Note: Section transferred to 75-4511.
Revisor's Note: Section transferred to 75-4512.
History: L. 1957, ch. 454, § 3; Repealed, L. 1972, ch. 332, § 97; July 1.
Revisor's Note: Section transferred to 75-4108a.
(a) As the infrastructure provider for information technology for the state of Kansas, the office of information technology services must insure the highest level of information security and privacy in order to protect law enforcement, state agencies and the citizens of Kansas. The department of administration or the office of information technology services shall require sensitive employees to be fingerprinted in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto, for the purposes of verifying the identity of such individuals and obtaining records of criminal arrests and convictions.
(b) As used in this section, "sensitive employee" means a person who has applied for a position of employment or is currently employed by the department of administration or the office of information technology services in a position with unescorted physical access to any state-operated or contracted data center, telecommunications facility or other security-sensitive area as designated by the secretary of administration or the executive chief information technology officer.
History: L. 2002, ch. 6, § 1; L. 2013, ch. 62, § 11; L. 2024, ch. 15, § 94; July 1.
(a) The surplus property programs provided for in K.S.A. 27-311 et seq., and K.S.A. 75-6601 et seq., and amendments thereto, are hereby transferred from the department of corrections to the department of administration in accordance with this act. All of the powers, duties and functions of the secretary of corrections, the director of Kansas correctional industries and the surplus property officer that relate to these surplus property programs are hereby transferred to and imposed upon the secretary of administration.
(b) Whenever the secretary of corrections, the director of Kansas correctional industries or the surplus property officer, 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 secretary of administration by this section, such reference or designation shall be deemed to apply to the secretary of administration. Whenever the department of corrections 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 administration by this section, such reference or designation shall be deemed to apply to the department of administration.
(c) All rules and regulations, orders and directives of the secretary of corrections, the director of Kansas correctional industries or the surplus property officer that relate to the functions transferred by this section and which are in effect on the effective date of this act shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the secretary of administration until revised, amended, revoked or nullified pursuant to law.
(d) The secretary of administration shall succeed to all property, property rights and records pertaining to the surplus property programs transferred by this act. 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.
(e) 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.
(f) On the effective date of this act, the balances of all funds or accounts thereof appropriated or reappropriated for the department of corrections that are attributable to the powers, duties and functions transferred by this act are hereby transferred within the state treasury to the department of administration and shall be used only for the purpose for which the appropriation was originally made.
(g) On the effective date of this act, liability for all accrued compensation or salaries of officers and employees who are transferred to the department of administration under this act shall be assumed and paid by the department of administration.
(h) 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 act, such conflict shall be resolved by the governor, whose decision shall be final. No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
(i) All officers and employees of the department of corrections or Kansas correctional industries within the department of corrections who, immediately prior to the effective date of this act, are engaged solely in the exercise and performance of the powers, duties and functions transferred by this act are hereby transferred to the department of administration. All classified employees so transferred shall retain their status as classified employees.
(j) Officers and employees of the department of corrections transferred by this act 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 act shall affect the classified status of any transferred person employed prior to the date of transfer by the department of corrections.
History: L. 2004, ch. 121, § 1; July 1.
There is hereby created the state finance council consisting of nine members. The members of the finance council shall be (1) the governor, (2) the president of the senate, (3) the speaker of the house of representatives, (4) the majority floor leader of the senate, (5) the minority floor leader of the senate, (6) the chairperson of the senate committee on ways and means, (7) the majority floor leader of the house of representatives, (8) the minority floor leader of the house of representatives, and (9) the chairperson of the house of representatives committee on appropriations. The governor shall be the chairperson and the secretary of administration shall be the secretary of the council but shall not be a member of such council.
History: L. 1953, ch. 375, § 8; L. 1973, ch. 157, § 13; L. 1974, ch. 387, § 1; L. 1987, ch. 196, § 14; February 19.
History: L. 1972, ch. 332, § 28; Repealed, L. 1976, ch. 388, § 4; April 23.
In case of a vacancy in the office of the governor, president of the senate, speaker of the house of representatives, the majority or minority floor leader of the senate, or the majority or minority floor leader of the house of representatives, such officers successor shall be a member of the finance council. In the event of a vacancy in the council in case of:
(a) The chairperson of the senate committee on ways and means, the president of the senate shall appoint a successor from the membership of such committee; and
(b) the chairperson of the house of representatives committee on appropriations, the speaker of the house shall appoint a successor from the membership of such committee.
History: L. 1953, ch. 375, § 9; L. 1974, ch. 387, § 2; L. 1987, ch. 196, § 15; February 19.
Upon call of the chairman, the state finance council shall meet as often as may be necessary to perform its duties. The legislative members of the state finance council shall for attendance at meetings of the state finance council receive compensation and travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212, and amendments thereto. The director of legislative administrative services, the director of the legislative research department and each member of the state finance council shall be given notice by the chairman of each meeting called and a copy of the agenda therefor and a copy of all accompanying documents in advance of such meeting, except in cases of emergency. Upon such notification, the director of legislative administrative services shall mail a notice of the meeting of the state finance council to each member of the legislature, together with a copy of the agenda, and shall keep a copy of the agenda and of all accompanying documents for such meeting on file. The agenda for each meeting of the finance council shall indicate whether there are accompanying documents for any agenda item, the nature of such documents and that a copy of each such document is on file with the director of legislative administrative services. Notwithstanding the above, the chairman of the state finance council may add items to the agenda at the time of any meeting of the state finance council. The chairman shall cause minutes to be prepared for each meeting of the council, and a copy thereof shall be sent to each person who is required by this section to be notified of the council's meetings.
History: L. 1953, ch. 375, § 10; L. 1968, ch. 208, § 12; L. 1974, ch. 387, § 3; L. 1975, ch. 447, § 1; L. 1976, ch. 233, § 2; April 20.
(a) The governor shall:
(1) Hear and determine appeals by any state agency from final decisions or final actions of the secretary of administration or the director of computer services.
(2) Approve, modify and approve or reject proposed rules and regulations submitted by the secretary of administration as provided in K.S.A. 75-3706, and amendments thereto.
(3) Make allocations to, and approve expenditures by a state agency, from any appropriations to the governor for that purpose, of funds for unanticipated and unbudgeted needs, under guidelines and limitations prescribed by K.S.A. 75-3711c, and amendments thereto, or other legislative enactment enhancing or altering K.S.A. 75-3711c, and amendments thereto.
(4) Exercise powers and perform functions specified for the state finance council or governor by the Kansas civil service act.
(b) (1) The chairperson and five or more other members of the state finance council shall constitute a quorum. Approval by the governor and approval by a majority vote of the legislative members of the state finance council shall govern, unless a unanimous vote is required by statute in any particular case.
(2) Whenever a matter is to be acted on by the state finance council and a unanimous vote is required to approve the particular matter by K.S.A. 75-3713, 75-3713b or 75-3713c, and amendments thereto, or by any other statute, each member who is unable to attend the meeting at which the matter was voted on, may vote on the motion by written absentee vote in the manner prescribed by this subsection. In any such case, an absent member may vote on the motion by writing the member's signature on a copy of the resolution setting forth the matter that is the subject of the motion, writing the date and indicating the member's vote for or against adoption of the resolution and submitting the copy of the resolution bearing the absentee vote to the secretary of the state finance council either before or not more than 10 days after the date of the meeting at which the motion was voted on. The secretary of the state finance council shall maintain each copy of a resolution bearing an absentee vote as part of the minutes and records of the meeting at which the motion on the resolution was voted on. The secretary shall indicate in the minutes of the meeting the name of each member voting in writing by absentee vote and the date on which the absentee vote was submitted to the secretary. If a particular matter requiring a unanimous vote receives the affirmative vote of each member of the state finance council attending the meeting and the affirmative absentee vote pursuant to this subsection of each member not attending the meeting, then the matter shall be deemed to have received the unanimous vote of all members of the state finance council.
(c) Whenever statutes provide for any matter to receive state finance council action, such matter shall be made a matter of business before such council, if and only if the matter is characterized as a legislative delegation, and in other such cases the governor shall exercise the function specified for the state finance council by applying the guidelines and limitations of K.S.A. 75-3711c, and amendments thereto, or other legislative enactment enhancing or altering such function.
History: L. 1953, ch. 375, § 11; L. 1972, ch. 332, § 73; L. 1975, ch. 447, § 2; L. 1976, ch. 388, § 1; L. 2004, ch. 63, § 1; L. 2021, ch. 7, § 13; March 25.
(a) Any state agency not otherwise specifically authorized by law may, with the approval of the state finance council, receive grants of money and funds appropriated under any federal act or from any other source.
(b) Subject to the provisions of K.S.A. 75-3711b, and amendments thereto, any state agency not otherwise specifically authorized by law may contract with and (1) receive or spend or transfer or (2) receive and spend or transfer moneys from other state or federal agencies, with the approval of the state finance council.
(c) In addition to the findings required by subsection (c) of K.S.A. 75-3711c, and amendments thereto, functions under subsections (a) and (b) of this section shall be exercised only after a finding by the governor and a majority vote of the legislative members of the state finance council that the program proposed will benefit the health or welfare of the people of this state.
(d) No authorization under this section shall undertake to give any vested commitment that a future legislative enactment will provide any additional state funds to the purpose of the proposed program.
History: L. 1973, ch. 355, § 1; L. 1975, ch. 448, § 1; L. 1976, ch. 388, § 3; L. 1979, ch. 289, § 1; L. 2003, ch. 114, § 1; July 1.
(a) Nothing in K.S.A. 75-3711a, and amendments thereto, shall be construed to require approval of the state finance council to allow any state agency specifically authorized by any other statute to do so, to receive grants of money and funds appropriated under any federal act or from any other source, or to contract with and (1) receive or spend or transfer or (2) receive and spend or transfer moneys from any other state or federal agencies.
(b) Nothing in K.S.A. 75-3711a, and amendments thereto, shall require approval of the state finance council for any contract requiring expenditures or transfers of an amount equal to $250,000 or less between any state educational institution, as defined in subsection (a) of K.S.A. 76-711, and amendments thereto, and any other state agency, including another state educational institution. Within 30 days after entering into each such contract, the state agency required to expend or transfer funds under the contract shall file a copy of the contract with the legislative research department.
History: L. 1973, ch. 355, § 2; L. 1975, ch. 448, § 2; L. 1979, ch. 289, § 2; L. 2003, ch. 114, § 2; July 1.
(a) The following matters of business before the state finance council are hereby declared to be matters characterized as legislative delegations:
(1) Increase of expenditure limitations on special revenue funds imposed by legislative act.
(2) Grant of approval pursuant to K.S.A. 75-3711a and amendments thereto.
(3) Exercise of functions specified in K.S.A. 75-3712, 75-3713, 75-3713a or 75-3725a and amendments thereto.
(4) Exercise of the functions specified in K.S.A. 48-938 and amendments thereto.
(5) Increase of limitations imposed by legislative act on expenditures from reappropriated balances in state general fund accounts.
(6) Increase of limitations imposed by legislative act on the number of personnel positions paid from appropriations.
(b) All matters of business provided by this act to be performed by the governor in lieu of the state finance council are hereby declared to be executive functions to be exercised by the executive department subject to subsequent enactment by the legislature.
(c) The matters specified in subsection (a) shall be approved, authorized or directed by the governor and a majority vote of the legislative members of the state finance council. Except for functions specified in K.S.A. 75-3725a and amendments thereto or as otherwise specified by legislative act, such approval, authorization or direction shall be given only when the legislature is not in session, upon findings, in addition to any enhancement or alteration thereof by legislative enactment, that:
(1) Unforeseeable occurrence or unascertainable effects of a foreseeable occurrence characterize the need for the requested action, and delay until the next legislative session on the requested action would be contrary to paragraph (3) of this subsection.
(2) The requested action is not one that was rejected in the next preceding session of the legislature, and is not contrary to known legislative policy.
(3) In cases where the action is requested for a single state agency, the requested action will assist the state agency in attaining an objective or goal which bears a valid relationship to powers and functions of the state agency.
History: L. 1976, ch. 388, § 2; L. 1983, ch. 288, § 2; L. 1986, ch. 325, § 1; July 1.
History: L. 1979, ch. 289, § 3; Repealed, L. 2003, ch. 114, § 8; July 1.
(a) The state emergency fund is hereby continued in the state treasury for the use of the state finance council created by K.S.A. 75-3708, and amendments thereto, for the purposes and within the limitations prescribed by K.S.A. 75-3713, 75-3713a, 75-3713b, 75-3713c, 75-3713d, 75-3714 and K.S.A. 75-3713e, and amendments thereto.
(b) (1) Upon certification by the director of the budget to the director of accounts and reports that the unencumbered balance in the state emergency fund is insufficient to pay an amount that is necessary to finance an action approved by the state finance council pursuant to K.S.A. 75-3713, 75-3713a, 75-3713b, 75-3713c, 75-3713d or K.S.A. 75-3713e, and amendments thereto, the director of accounts and reports shall transfer an amount equal to the insufficient amount from the state general fund to the state emergency fund. The total of all amounts transferred from the state general fund to the state emergency fund pursuant to this subsection (b)(1) during any fiscal year shall not exceed $10,000,000, excluding all amounts transferred from the state general fund pursuant to subsection (b)(2).
(2) In addition to the provisions of subsection (b)(1), during the period commencing on the effective date of this act until January 14, 2008, notwithstanding the provisions of any other statute to the contrary:
(A) The director of the budget shall provide (i) notice to the state finance council that the unencumbered balance in the state emergency fund is insufficient to pay an amount that is necessary to finance an action approved by the state finance council pursuant to K.S.A. 75-3713, 75-3713a, 75-3713b, or K.S.A. 75-3713e, and amendments thereto, which is directly related to a severe weather-related state of disaster emergency declared by the governor pursuant to K.S.A. 48-924, and amendments thereto, and (ii) the director of the budget shall include with such notice the director's recommendations regarding a specific amount or amounts, which in the aggregate are equal to the insufficient amount, and which could be transferred to the state emergency fund for such purpose from the state general fund or any special revenue fund or funds, or any account or accounts of the state general fund or any such special revenue fund or funds; and
(B) upon approval such recommendation or any modification thereof by the state finance council, by unanimous vote of all of the members of the 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, the director of the budget shall certify to the director of accounts and reports such recommendation, including any modifications, as approved by the state finance council; and
(C) upon receipt of such certification by the director of the budget, the director of accounts and reports shall transfer the amount or amounts specified in such certification from the state general fund or any special revenue fund or funds, or any account or accounts of the state general fund or any such special revenue fund or funds, to the state emergency fund, except that the total of all amounts transferred to the state emergency fund pursuant to this subsection (b)(2) during the period commencing on the effective date of this act until January 14, 2008, shall not exceed $25,000,000.
History: L. 1953, ch. 375, § 12; L. 1971, ch. 279, § 12; L. 1974, ch. 388, § 1; L. 1990, ch. 315, § 2; L. 2000, ch. 53, § 1; L. 2007, ch. 202, § 4; May 31.
The state finance council, by unanimous vote of all its members, is hereby authorized and empowered to make allocations to, and authorize expenditures by, state agencies from the state emergency fund for the following purposes, subject to the limitations hereinafter prescribed:
(a) Preservation of the public health and the protection of persons and property from extraordinary conditions arising after, or which were not foreseen at the time, appropriations were made by the preceding regular legislative session.
(b) Repair or replacement of any building or equipment owned by the state which has been destroyed or damaged by sabotage, fire, flood, wind, tornado, catastrophe or act of God if such building or equipment is absolutely necessary for carrying out the function of the state agency using such building or equipment.
(c) Whenever the president of the United States, pursuant to Pub. L. No. 93-288 (May 22, 1974), the disaster relief act of 1974, has declared a major disaster to exist in this state, payment of the state share of the grants made to individuals and families in this state who are adversely affected by such major disaster, to meet disaster-related necessary expenses and serious expenses of such individuals and families under the grant program administered by the governor as authorized under K.S.A. 48-938 and as provided in said disaster relief act of 1974, subject to the limitations that such share shall not exceed an amount equal to twenty-five percent (25%) of the actual cost of meeting such expenses and needs as authorized by section 408 of said disaster relief act of 1974, and in any event shall not exceed one thousand two hundred and fifty dollars ($1,250) in the aggregate to any one individual or family with respect to any one major disaster.
History: L. 1953, ch. 375, § 13; L. 1955, ch. 372, § 1; L. 1967, ch. 460, § 1; L. 1975, ch. 283, § 31; April 11.
(a) By unanimous vote of all of its members, the state finance council is hereby authorized and empowered to make loans or grants of funds in the state emergency fund, which is provided for in K.S.A. 75-3712, to cities, townships, counties and other political subdivisions, for the purpose of repairing or replacing any building or equipment owned by any such political subdivision which has been damaged or destroyed by sabotage, fire, wind, tornado, catastrophe or act of God, if such building or equipment is essential to the performance of a governmental function of the political subdivision and cannot be repaired or replaced by other means available to the political subdivision without undue interruption of the governmental function.
(b) Whenever a city, township, county or other political subdivision has any building or equipment damaged or destroyed by sabotage, fire, wind, tornado, catastrophe or act of God, such political subdivision may apply to the state finance council for a loan or grant of funds under this section. The loan or grant of funds by the state finance council under this section shall constitute authorization for such political subdivision to expend said funds to repair or replace any such damaged or destroyed building or equipment, if other authority does not exist therefor. Any funds received by a political subdivision pursuant to this section may be expended in the budget year in which they are received, even though the same were not included in such political subdivision's budget of expenditures for such year.
History: L. 1975, ch. 283, § 19; April 11.
(a) By unanimous vote of all of its members, the state finance council is hereby authorized and empowered to make allocations to, and authorize expenditures by, the adjutant general from the state emergency fund for the following purposes, subject to the limitations hereinafter imposed directly or by reference:
(1) The payment of claims for entitlements under K.S.A. 48-265, 48-266, 48-267 or 48-269, and amendments thereto, which accrue to members of the Kansas national guard or the Kansas state guard in accordance with and subject to the provisions of K.S.A. 48-261 to 48-271, inclusive, and amendments thereto;
(2) the payment of any expenses or other amounts required to be paid which arise under the national guard mutual assistance compact in accordance with and subject to the provisions of said compact and K.S.A. 48-1701 to 48-1703, inclusive, and amendments thereto; and
(3) the payment of death benefits pursuant to K.S.A. 48-282, and amendments thereto.
(b) The exercise of functions specified in subsection (a) are hereby declared to be matters characterized as legislative delegations. Such functions may be exercised by the state finance council only when the legislature is not in session and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto.
History: L. 1976, ch. 235, § 1; L. 1980, ch. 276, § 1; L. 2005, ch. 207, § 3; L. 2005, ch. 1, § 3 (Special Session); September 1.
(a) 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, is hereby authorized to make allocations to and authorize expenditures by a state agency from the state emergency fund for one or more of the following purposes concerning a capital improvement project for the construction of a building or for major repairs or improvements to a building for the state agency:
(1) To identify the nature, extent and causes of defects in the design, construction or other work on the project;
(2) to provide architectural, engineering or other technical services to determine methods for correcting or repairing such defects; or
(3) to correct or repair such defects or to make other repairs or perform maintenance related to such defects.
(b) The functions specified in subsection (a) may be exercised by the state finance council only:
(1) By unanimous vote of all members of the state finance council;
(2) when the legislature is not in session; and
(3) for those purposes under subsection (a) for which there are not sufficient funds available and unencumbered (A) within the existing appropriations for such capital improvement project for the state agency or (B) within other existing appropriations for the state agency which are available for transfer to such capital improvement project under K.S.A. 75-3726a.
History: L. 1981, ch. 321, § 1; July 1.
(a) Moneys in the state emergency fund in the amount of $250,000 are hereby specifically dedicated as a self-insurance fund for the state fair board in conjunction with the provisions of the financing of the Kansas development finance authority in the form of bonds issued on March 1, 1989, for improvements to the grandstand at the state fair as authorized by the provisions of K.S.A. 2-223 and amendments thereto. The moneys in such self-insurance fund shall remain dedicated for such purpose for the remainder of the ten-year term of such bonds and as prescribed by this section.
(b) Except as otherwise provided in this act or by appropriation act of the legislature, moneys in such self-insurance fund of the state emergency fund may be used only for the purpose of repairing, constructing or replacing the property consisting of the improvements to the grandstand of the state fair and any furnishings, equipment or other property thereof which is under the care, custody and control of the state fair board when the original of any such property has been damaged, destroyed, stolen or otherwise lost by casualty, and which loss or any part thereof was not covered by insurance in a commercial insurance company. Moneys in such self-insurance fund may be expended for any auxiliary purpose, such as, but not limited to, business interruption losses, as are required under the bond covenants of the bonds issued on March 1, 1989, for the improvements to the grandstand at the state fair, except that third-party liability or employee casualty losses may not be paid from such self-insurance fund and no waiver of governmental immunity shall exist which will permit payment of any liability of such self-insurance fund except as specifically authorized by this section.
(c) The self-insurance fund established in the state emergency fund shall be administered by the state finance council. No expenditures shall be made from the moneys in such self-insurance fund, except that transfers may be made to the state fair capital improvements fund established by K.S.A. 2-223 and amendments thereto for expenditure for the purposes specified in subsection (b). Upon authorization by the chairperson of the state finance council for a purpose authorized by this section, the director of accounts and reports shall transfer the amount specified by the chairperson, of not to exceed $250,000, from the self-insurance fund established by this section in the state emergency fund to the state fair capital improvements fund.
History: L. 1990, ch. 315, § 1; April 5.
(a) There is hereby established the county business restoration assistance program which shall be implemented and administered by the secretary of revenue in accordance with this section. The program is established for the purpose of assisting businesses that were in operation in a county which was struck by the tornado and other severe weather in Kansas on May 4, 2007, which had damage and destruction to governmental buildings and facilities to the extent that there was a complete interruption of all governmental services provided by a major town and the county government, and which suffered a major loss of the property tax base for the county of 25% or more, and that were damaged by such tornado and other severe storms on May 4, 2007, to rebuild business facilities, to acquire business machinery and equipment, and to reestablish jobs in such county for such businesses.
(b) The assistance payments under the program shall be available only for qualifying businesses as defined by this section. The program shall provide investment assistance payments and job restoration assistance payments that are applied for during the period commencing on the effective date of this act through June 30, 2008.
(c) Each investment assistance payment shall be an amount of not more than 10% of a qualifying investment made to rebuild or replace the building or structure or to replace the business machinery and equipment in the county. In accordance with policies adopted by the secretary of revenue, the investment assistance payment shall be for the purpose of assisting the business recover from the damage sustained from the storm on May 4, 2007. To be a qualifying investment under this program, the investment must be made between May 4, 2007, and June 30, 2008.
(d) Each job restoration assistance payment shall be an amount of not more than $3,500 per full-time-equivalent job for an employee the applicant business hires back in the county. In accordance with policies adopted by the secretary of revenue, the job restoration assistance payment shall be for the purpose of assisting the business recover from the damages sustained from the storm on May 4, 2007.
(e) As used in this section:
(1) "Business facility" means a building or structure used in business operations located within the county;
(2) "business machinery and equipment" means the real and tangible personal property permanently and physically located at a business facility and used in the business operations and shall not include (A) mobile equipment, such as motor vehicles, or (B) any items held for sale, such as business inventory;
(3) "qualifying business" means a business that was in existence and in operation providing goods or services within a county, which was struck by the tornado and other severe weather in Kansas on May 4, 2007, which had damage and destruction to governmental buildings and facilities to the extent that there was a complete interruption of all governmental services provided by a major town and the county government, and which suffered a major loss of the property tax base for the county of 25% or more, and that was damaged by the tornado and other severe storms that struck Kansas on May 4, 2007; and
(4) "qualifying job" means a job with a qualifying business that was lost as a result of damage sustained by the tornado and other severe storms that struck Kansas on May 4, 2007, that is restored and filled by an employee hired back in the county between May 4, 2007, and June 30, 2008, and shall not include any part-time job that provides the employee with less than 20 hours per week of paid employment.
(f) In accordance with the provisions of this section, the secretary of revenue shall adopt policies and procedures for the implementation and administration of the county business restoration assistance program and shall present such information to the state finance council requesting approval to make expenditures from the state emergency fund for assistance payments under the program in accordance with the proposed implementation and administration of the program. Upon approval of the state finance council by the affirmative vote of the governor and by a majority vote of the legislative members of 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, and subject to the limitation that not more than $5,000,000 may be approved by the state finance council to be expended from the state emergency fund for such payments, the director of the budget shall certify to the director of accounts and reports the amount approved by the state finance council for expenditure by the department of revenue for such assistance payments from the state emergency fund.
History: L. 2007, ch. 202, § 1; May 31.
The secretary of the finance council shall keep complete minutes of its proceedings which shall be signed by each member of the finance council present and if any member objects to any matter contained in said minutes, he or she may enter objection in writing at the time of signing the same. Such minutes shall be kept on file in the office of the secretary of administration and shall be open to public inspection during regular office hours.
History: L. 1953, ch. 375, § 14; July 1.
There is hereby established, within and as a part of the department of administration, a division of the budget, the head of which shall be the director of the budget. Under the supervision of the governor, the director of the budget shall administer the division of the budget. The director of the budget shall be in the unclassified service under the Kansas civil service act and shall be appointed by the governor.
History: L. 1972, ch. 332, § 3; L. 1981, ch. 341, § 1; L. 1988, ch. 332, § 2; May 12.
(a) All of the powers, duties and functions of the existing budget division and the existing budget director are hereby transferred to and conferred and imposed, respectively, upon the division of the budget and the director of the budget created by this act, except as is herein otherwise provided.
(b) The division of the budget and the director of the budget created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the budget division and budget director in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed in the exercise of such powers, duties and functions by or under the authority of the division of the budget or director of the budget created by this act, respectively, shall be deemed to have the same force and effect as if performed by the budget division or budget director, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the budget division, 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 division of the budget created by this act.
(d) Whenever the budget director, 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 budget created by this act.
(e) All orders and directives of the budget director or the budget division 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 budget created by this act, until revised, amended, revoked or nullified pursuant to law.
(f) The division of the budget and director of the budget created by this act, respectively, shall be continuations of the budget division created by K.S.A. 75-3715 and the budget director provided to be appointed under K.S.A. 75-3703.
History: L. 1972, ch. 332, § 4; July 1.
The director of the budget shall:
(a) Keep in continuous touch with the operations, plans and needs of state agencies, and with the sources and amounts of revenue and other receipts of the state;
(b) analyze the quantity and quality of services rendered by each agency, and the needs for such services and for any new services;
(c) prepare under the supervision of the incoming governor, the budget report for submission to the legislature;
(d) prepare a legislative measure or measures reflecting the incoming governor's budget;
(e) consider and act on applications for transfers between appropriations of the same agency as provided by law;
(f) survey such work programs and periodical allotment requests submitted by state agencies as are required by this act;
(g) report to the governor and to the incoming governor on the operation of the budget system and advise and assist the governor, incoming governor, state finance council, legislature and its ways and means and appropriations committees on request, concerning any matters relating to the budget; and
(h) Provide management analysis service to state agencies.
History: L. 1953, ch. 375, § 15; L. 1972, ch. 332, § 74; L. 1987, ch. 196, § 16; February 19.
Fiscal notes shall be provided for all bills increasing or decreasing state revenues or the revenues of counties, cities and school districts, making state appropriations or increasing or decreasing existing appropriations or the fiscal liability of the state, or imposing functions or responsibilities on counties, cities and school districts which will increase their expenditures or fiscal liability. The director of the budget, or the director's designee, shall consult with the League of Kansas municipalities, Kansas association of counties and the Kansas association of school boards, as appropriate, when preparing such fiscal notes. Not more than seven days following the first reading of any such bill, the director of the budget shall furnish to the committee or committees to which such bill was referred a statement explaining the fiscal effect of such bill. Fiscal notes are required for original bills only and not for amendments.
The fiscal note, if possible, shall include a reliable estimate in dollars of the anticipated change in revenue, expenditures, or fiscal liability under the provisions of the bill. It also shall include a statement as to the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. If, after careful investigation, it is determined that no dollar estimate is possible, the note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. Every agency and department of the state is directed to cooperate with the division of the budget in preparation of any fiscal note provided for by this act when, and to the extent, requested by the director of the budget.
No comment or opinion shall be included in the fiscal note regarding the merits of the measure for which the note is prepared.
History: L. 1965, ch. 470, § 1; L. 1971, ch. 280, § 1; L. 1994, ch. 232, § 3; July 1.
In addition to all requirements for fiscal notes pursuant to law, fiscal notes for bills which provide a new benefit, an increase in existing benefits or any other type of benefit enhancement for members of the Kansas public employees retirement system and systems thereunder, including a cost-of-living adjustment or postretirement benefit increase, shall include an actuarial valuation and appraisal of the liability to the system and the required contributions necessary to discharge such liability and maintain the system on an actuarial reserve basis created by such benefit enhancement to be conducted by the qualified actuary employed or retained by the system pursuant to K.S.A. 74-4908, and amendments thereto. Such fiscal note shall be available to members of any standing committee of the legislature to which such bill has been assigned prior to such committee taking any action on such bill.
History: L. 2012, ch. 171, § 29; July 1.
The director of the budget shall prepare the budget report, with the related legislative measure or measures, for the incoming governor's approval and submission to the legislature. The director of the budget shall, on or before September first of each year, furnish to every state agency or person authorized to spend or receive state funds a sufficient number of budget estimate forms. The forms shall be prepared by the director of the budget and shall be so designed as to show actual expenditures for at least the last preceding completed fiscal year, estimated expenditures for the current fiscal year, and requests for each succeeding fiscal year, and data for like periods with respect to receipts and actual or estimated balances at the end of such fiscal years.
The director of the budget may require the estimated expenditures to be classified so as to set forth the data by funds, state agencies, character and objects of expenditures, which expenditures may also be required to be classified by functions and activities. The director of the budget may require the revenue estimates to show the basis upon which the estimates were made and the factors involved in the same, and to be classified so as to show receipts by funds, and sources and types of income. The director of the budget may require such further detail, work programs, supplemental and supporting data, and such information as may be necessary to carry out the provisions of this act.
History: L. 1953, ch. 375, § 16; L. 1972, ch. 332, § 75; July 1.
(a) As provided in this section, each state agency, not later than October 1 of each year, shall file with the division of the budget its budget estimates for the next fiscal year, and all amendments and revisions thereof, except that, in lieu of such annual filing, each agency listed in subsection (f), not later than October 1, 2000, and every two years thereafter, shall file budget estimates for the next fiscal year and for the ensuing fiscal year thereafter. Each agency listed in subsection (f) may file adjustments to such agency's budget that was approved by the legislature during a prior fiscal year. All such budget estimates shall be in the form provided by the director of the budget. Each agency's budget estimates shall include:
(1) A full explanation of the agency's request for any appropriations for the expansion of present services or the addition of new activities, including an estimate of the anticipated expenditures for the next fiscal year and for each of the three ensuing fiscal years which would be required to support each expansion of present services or addition of new services as requested by the state agency;
(2) a listing of all programs of the agency that provide services for children and their families and the following information regarding each such program: Of the amount of the agency's request for appropriations to fund the program, that amount which will be spent on services for children or families with children and the number of children or families with children who are served by the program; and
(3) a listing of the sources and amounts of all federal funds received or budgeted for by a state agency for the purpose of homeland security or for the purpose of sustaining, enhancing or improving the safety and security of the state, the amount of such funds budgeted for expenditure on administrative cost and the amount of such funds budgeted for expenditure on aid to each unit of local government.
(b) At the same time as each state agency submits to the division of the budget a copy of its budget estimate, and all amendments and revisions thereof, each such state agency shall submit a copy of such estimate, and all amendments and revisions thereof, directly to the legislative research department for legislative use.
(c) The director of the budget shall require the agencies to submit a sufficient number of copies of their budget estimates, and all amendments and revisions thereof, to the director's office to satisfy the requirements of such office and one additional copy for legislative use which shall be retained in the division of the budget until the budget of the governor is submitted to the legislature. On or before the day that such budget is submitted to the legislature such legislative use copy, posted to reflect the governor's budget recommendations, shall be submitted to the legislative research department for use by the ways and means committee of the senate and the committee on appropriations of the house of representatives. Following presentation of the governor's budget report to the legislature, the legislative research department may request and shall receive detailed information from the division of the budget on the governor's budget recommendations.
(d) The director of the budget may prepare budget estimates for any state agency failing to file a request.
(e) As used in this section, "services for children and their families" includes, but is not limited to, any of the following services, whether provided directly or made accessible through subsidies or other payments:
(1) Financial support for children and families with children or enforcement of the obligation to support a child or a family with one or more children;
(2) prenatal care, health care for children or immunizations for children;
(3) mental health or retardation services for children;
(4) nutrition for children or families with children or nutritional counseling or supplements for pregnant or nursing women;
(5) child care, early childhood education or parenting education;
(6) licensure or regulation of child care or early childhood education programs;
(7) treatment, counseling or other services to preserve families;
(8) care, treatment, placement or adoption of children without functioning families;
(9) services to prevent child abuse and to treat and protect child abuse victims;
(10) services for children who are pregnant, substance abusers or otherwise involved in high risk behavior;
(11) services related to court proceedings involving children; and
(12) youth employment services.
(f) On a biennial basis, the following state agencies shall file budget estimates under the provisions of subsection (a): Abstracters' board of examiners, behavioral sciences regulatory board, board of accountancy, board of examiners in optometry, board of nursing, consumer credit commissioner, Kansas board of barbering, Kansas board of examiners in fitting and dispensing of hearing aids, Kansas dental board, Kansas real estate commission, Kansas state board of cosmetology, office of the securities commissioner of Kansas, real estate appraisal board, state bank commissioner, state board of healing arts, state board of mortuary arts, state board of pharmacy, state board of technical professions, state board of veterinary examiners, Kansas public disclosure commission, state department of credit unions, and Kansas home inspectors registration board.
History: L. 1953, ch. 375, § 17; L. 1971, ch. 184, § 24; L. 1975, ch. 277, § 2; L. 1976, ch. 146, § 47; L. 1978, ch. 355, § 1; L. 1985, ch. 282, § 1; L. 1987, ch. 196, § 17; L. 1990, ch. 316, § 1; L. 1992, ch. 294, § 9; L. 1994, ch. 208, § 1; L. 1994, ch. 274, § 17; L. 2000, ch. 168, § 4; L. 2004, ch. 148, § 2; L. 2010, ch. 137, § 1; L. 2025, ch. 65, § 25; July 1.
Nothing in this act shall be construed to limit or be contrary to any inherent prerogative of the executive department or the legislature.
History: L. 1975, ch. 277, § 4; July 1.
(a) Whenever a state agency proposes a capital improvement project for the construction of a building or for major repairs or improvements to a building, such state agency shall prepare a capital improvement budget estimate to be submitted to the division of the budget in such form as may be required by the director of the budget and this section. Such state agency shall prepare and include as a part of such capital improvement budget estimate a written program statement describing the project. Such program statement shall: (1) Include a detailed justification for the project including an analysis of the programs, activities and other needs and intended uses for the additional or improved space and an analysis of the alternative means by which such space needs and uses could be satisfied; (2) request appropriations for the project in the three phases of preliminary planning, final planning and construction; (3) describe in detail each such phase of the project; and (4) include cost estimates for land, site surveys, soil investigations, equipment, buildings or major repairs or improvements to buildings and other items necessary for the project.
(b) Not later than July 1 of each year, such state agency shall submit to the division of the budget a copy of such capital improvement budget estimate, and all amendments and revisions thereof, and at the same time such state agency shall submit copies of such capital improvement budget estimate, and all amendments and revisions thereof, directly to the state building advisory commission and to the joint committee on state building construction.
(c) Not later than July 1 of each year, each state agency submitting such budget estimates shall prepare and submit to the division of the budget, to the state building advisory commission and to the joint committee on state building construction copies of a five-year capital improvement program and facilities plan which shall set forth the current and future space needs and utilization plans for the next five ensuing fiscal years for that state agency in such form and containing such additional information as prescribed by the secretary of administration.
(d) Except as provided in this subsection, the provisions of this section do not apply to any capital improvement project for the adjutant general that is funded entirely by moneys from the federal government. During the month of January each year, the adjutant general shall present a report to the joint committee on state building construction on all capital improvement projects that are funded entirely by moneys from the federal government and that are proposed for the current and ensuing fiscal years.
(e) The provisions of this section do not apply to any capital improvement project for Kansas correctional industries of the department of corrections as provided in subsection (d) of K.S.A. 75-5282, and amendments thereto.
History: L. 1978, ch. 337, § 9; L. 1979, ch. 280, § 2; L. 1993, ch. 153, § 1; L. 1999, ch. 163, § 1; L. 2012, ch. 77, § 2; July 1.
For the purpose of preparation of the governor's budget report and related legislative measure or measures for submission to the legislature, the college of veterinary medicine at Kansas state university shall be considered a separate state agency and shall be titled for such purpose as the "Kansas State University Veterinary Medical Center." The budget estimates and requests of such college shall be presented as a state agency separate from Kansas state university, and such separation shall be maintained in the budget documents and reports prepared by the director of the budget and the governor, or either of them, including all related legislative reports and measures submitted to the legislature.
History: L. 1978, ch. 21, § 20; July 1.
For the purpose of preparation of the governor's budget report and related legislative measure or measures for submission to the legislature, the extension systems and agriculture research programs of Kansas state university shall be considered a separate state agency and shall be titled for such purpose as the "Kansas State University — Extension Systems and Agriculture Research Programs." The budget estimates and requests of such systems and programs shall be presented as a state agency separate from Kansas state university, and such separation shall be maintained in the budget documents and reports prepared by the director of the budget and the governor, or either of them, including all related legislative reports and measures submitted to the legislature.
History: L. 1991, ch. 271, § 1; July 1.
For the purpose of preparation of the governor's budget report and related legislative measure or measures for submission to the legislature, the pooled money investment board established in K.S.A. 75-4221a, and amendments thereto, shall be considered a separate state agency and shall be titled for such purpose as the "pooled money investment board." The budget estimates and requests of such board shall be presented as from a state agency separate from the state treasurer and such separation shall be maintained in the budget documents and reports prepared by the director of the budget and the governor, or either of them, including all related legislative reports and measures submitted to the legislature.
History: L. 2016, ch. 47, § 1; May 12.
(a) The director of the budget shall have in continuous process and revision a tentative budget for the coming years, in the light of direct studies of the operations, plans and needs of the state agencies and of the existing and prospective sources of revenue. Except as otherwise provided by this section, after summarizing estimates of funds which may be available and the estimated requirements for the several state agencies, the director shall cause them to be reviewed in relation to the general financial condition and needs of the state and shall cause to be made such further inquiries and investigations, and such revision of the tentative budget, as the director may deem necessary.
(b) Not later than November 10 of each year, the director of the budget shall notify each state agency in writing of any revision of the agency's requests and the agency affected may request a hearing on such revision which request may be filed within 10 days after receipt of notice but, in any case, not later than November 20 of such year. If requested, the secretary of administration shall hold hearings on the tentative budget at which the administrative head of each state agency or the representative of such administrative head shall be entitled to be heard. The hearings provided for in this section shall be concluded not later than December 15 of such year.
(c) The director of the budget shall not revise the budget estimate for the judicial branch of state government that is submitted pursuant to K.S.A. 20-158, and amendments thereto.
History: L. 1953, ch. 375, § 18; L. 1955, ch. 373, § 1; L. 1972, ch. 332, § 76; L. 1979, ch. 290, § 2; L. 2003, ch. 99, § 21; July 1.
The chairperson of the senate ways and means committee and the chairperson of the house of representatives committee on appropriations shall be entitled to attend, or be represented by another member of such committees, at all hearings on the tentative budget prior to the convening of each regular legislative session. Each such chairperson or the representative of such chairperson, shall receive compensation and travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212 and amendments thereto.
History: L. 1955, ch. 373, § 2; L. 1963, ch. 281, § 2; L. 1968, ch. 208, § 13; L. 1987, ch. 196, § 18; February 19.
(a) On or before January 14, 2019, the secretary of administration, in consultation with the division of the budget, the office of revisor of statutes and the Kansas legislative research department, shall implement a budget process that accomplishes the following objectives:
(1) A program service inventory, to be complete on or before January 9, 2017. Such inventory shall include, but not be limited to, the following:
(A) Identification of agency programs and subprograms by objective, function and purpose;
(B) the state or federal statutory citation authorizing those programs, if any;
(C) identification of programs that are mandatory versus discretionary;
(D) a history of the programs, including interaction with other agency programs and objectives;
(E) state matching or other federal financial requirements;
(F) prioritization of the level of all programs and subprograms; and
(G) the consequence of not funding the program or subprogram.
(2) An integrated budget fiscal process, to be complete on or before January 6, 2018. Such process shall institute common accounting procedures consistent with budget development, budget approval, budget submission, through actual expenditures by fund.
(3) A performance based budgeting system, to be completed on or before January 14, 2019. Such budgeting system shall include, but not be limited to, the following:
(A) Incorporation of various outcome based performance measures, for state programs; and
(B) enhancement of the capability to compare program effectiveness across multiple state and political boundaries.
(b) The provisions of this section shall not apply to postsecondary educational institutions that have implemented the performance agreement pursuant to K.S.A. 74-3202d, and amendments thereto.
History: L. 2016, ch. 106, § 1; L. 2018, ch. 67, § 2; June 29.
In case the incoming governor is a person other than the governor currently in office, the director of the budget shall report the budget estimates to such incoming governor immediately after the identity of the incoming governor is known, and the secretary of administration shall make available to him or her all information, staff, and facilities in the department of administration relating to the budget. Such incoming governor, or his or her representative, shall be entitled to attend all hearings on tentative budgets. Such incoming governor shall be compensated at the rate of one hundred dollars ($100) per day for each day spent in the city of Topeka in preparing for the assumption of official duties as governor plus actual traveling and necessary expenses incurred in connection therewith. All officers and employees of the department of administration shall render such incoming governor or his or her representative every practicable assistance in his or her consideration and revision of the tentative budget in process.
History: L. 1953, ch. 375, § 19; L. 1972, ch. 332, § 77; L. 1980, ch. 277, § 6; July 1.
(a) After the incoming governor has had an opportunity to review, amend and approve the tentative budget, it shall be known as the governor's budget report.
(b) The budget director shall cause the governor's budget report to be printed prior to the date the governor is required to submit the governor's budget report to the legislature in accordance with K.S.A. 75-3721. On such date, copies of the governor's budget report shall be presented to each member of the legislature and made available to the public.
History: L. 1953, ch. 375, § 20; L. 1980, ch. 278, § 2; July 1.
(a) On or before the eighth calendar day of each regular legislative session, the governor shall submit the budget report to the legislature, except that in the case of the regular legislative session immediately following the election of a governor who was elected to the office of governor for the first time, that governor shall submit the budget report to the legislature on or before the 21st calendar day of that regular legislative session.
(b) The budget report of the governor shall be set up in three parts, the nature and contents of which shall include the following:
(1) Part one shall consist of a budget message by such governor, including the governor's recommendations with reference to the fiscal policy of the state government for the current fiscal year and the ensuing fiscal year, describing the important features of the budget plan for each of the fiscal years included, embracing a general budget summary setting forth the aggregate figures of the budget so as to show the balanced relation between the total proposed expenditures and the total anticipated income for the current fiscal year and the ensuing fiscal year, with the basis and factors upon which the estimates were made, and the means of financing the budget plan for each of the fiscal years included, compared with the corresponding figures for at least the last completed fiscal year, and the director of the budget shall prepare the figures for the governor for such comparisons.
(A) The budget plan shall not include: (i) Any proposed expenditures of anticipated income attributable to proposed legislation that would provide additional revenues from either current or new sources of revenue; or (ii) any proposed expenditures of moneys in the ending balance in the state general fund required by K.S.A.
75-6702, and amendments thereto.
(B) The general budget summary may be supported by explanatory schedules or statements, classifying the expenditures contained therein by state agencies, objects, and funds, and the income by state agencies, funds, sources and types. The general budget summary shall include all special or fee funds as well as the state general fund, and shall include the estimated amounts of federal aids, for whatever purpose provided, together with estimated expenditures therefrom.
(2) Part two shall embrace the detailed budget estimates for each of the fiscal years included, both of expenditures and revenues, showing the requests of the state agencies, if any, and the governor's recommendations thereon, which shall include amounts for payments by the state board of regents pursuant to K.S.A.
75-4364, and amendments thereto. It shall also include statements of the bonded indebtedness of the state, showing the actual amount of the debt service for at least the last completed fiscal year, and the estimated amount for the current fiscal year and for each of the ensuing fiscal years included, the debt authorized and unissued, and the condition of the sinking funds.
(3) Part three shall consist of a draft of a legislative measure or measures reflecting the governor's budget for all of the fiscal years included in the budget report.
(c) The division of the budget shall compile a children's budget document consisting of the information contained in agency budget estimates regarding programs that provide services for children and their families. Such document shall be provided to the Kansas children's cabinet established by K.S.A.
38-1901, and amendments thereto, and other persons or entities on request.
(d) The division of the budget, upon request, shall furnish the governor or the legislature with any further information required concerning the budget.
(e) Nothing in this section shall be construed to restrict or limit the privilege of the governor to present supplemental budget messages or amendments to previous budget messages, which may include proposals for expenditure of new or increased sources of revenue derived from proposed legislation.
(f) The budget estimate for the judicial branch of state government as submitted to the director of the budget pursuant to K.S.A.
20-158, and amendments thereto, shall be included in the governor's budget report.
(g) The division of the budget shall compile a Kansas homeland security budget document consisting of the information contained in agency budget estimates under K.S.A.
75-3717(a)(3), and amendments thereto. Such document shall be provided to the house of representatives committee on appropriations, the senate committee on ways and means and such other committees upon request.
(h) Commencing with fiscal year 2018, the ending balance in the state general fund in any fiscal year shall include the unexpended and unencumbered balances in the:
(1) State general fund; and
(2) budget stabilization fund, established in K.S.A. 75-6706, and amendments thereto.
History: L. 1953, ch. 375, § 21; L. 1955, ch. 373, § 3; L. 1975, ch. 277, § 3; L. 1980, ch. 278, § 1; L. 1985, ch. 282, § 2; L. 1988, ch. 332, § 3; L. 1990, ch. 316, § 2; L. 1992, ch. 294, § 10; L. 1994, ch. 13, § 1; L. 1994, ch. 274, § 18; L. 2003, ch. 99, § 22; L. 2004, ch. 148, § 3; L. 2005, ch. 120, § 2; L. 2016, ch. 106, § 3; July 1.
History: L. 1953, ch. 375, § 21; L. 1955, ch. 373, § 3; L. 1975, ch. 277, § 3; L. 1980, ch. 278, § 1; L. 1985, ch. 282, § 2; L. 1988, ch. 332, § 3; L. 1990, ch. 350, § 4; Repealed, L. 1992, ch. 294, § 11; May 28.
(a) An allotment system will be applicable to the expenditure of the resources of any state agency, under rules and regulations established as provided in K.S.A. 75-3706, and amendments thereto, only if in the opinion of the secretary of administration on the advice of the director of the budget, the use of an allotment plan is necessary or beneficial to the state. In making this determination the secretary of administration shall take into consideration all pertinent factors including:
(1) Available resources;
(2) current spending rates;
(3) work loads;
(4) new activities, especially any proposed activities not covered in the agency's request to the governor and the legislature for appropriations;
(5) the minimum current needs of each agency;
(6) requests for deficiency appropriations in prior fiscal years;
(7) unexpended and unencumbered balances; and
(8) revenue collection rates and prospects.
(b) Whenever for any fiscal year it appears that the resources of the general fund or any special revenue fund are likely to be insufficient to cover the appropriations made against such general fund or special revenue fund, the secretary of administration, on the advice of the director of the budget, shall, in such manner as the secretary may determine, inaugurate the allotment system so as to assure that expenditures for any particular fiscal year will not exceed the available resources of the general fund or any special revenue fund for that fiscal year. When reviewing the resources of the general fund or any special revenue fund for the purposes of issuing an allotment, the secretary shall not take into consideration the balance in the budget stabilization fund.
(c) (1) The allotment system shall not apply to the legislature or to the courts or their officers and employees, or to payments made from the juvenile justice improvement fund, established in K.S.A. 75-52,164, and amendments thereto, for the development and implementation of evidence-based community programs and practices for juvenile offenders and their families. During the fiscal year ending June 30, 2017, the allotment system provided by this section shall not apply to any item of appropriation for employer contributions for the state of Kansas and participating employers who are eligible employers as specified in K.S.A.
74-4931(1), (2) and (3), and amendments thereto, under the Kansas public employees retirement system pursuant to K.S.A.
74-4939, and amendments thereto.
(2) Agencies affected by decisions of the secretary of administration under this section shall be notified in writing at least 30 days before such decisions may become effective and any affected agency may, by written request addressed to the governor within 10 days after such notice, ask for a review of the decision by the finance council. The finance council shall hear appeals and render a decision within 20 days after the governor receives requests for such review.
History: L. 1953, ch. 375, § 22; L. 2016, ch. 12, § 111; L. 2016, ch. 46, § 61; L. 2016, ch. 106, § 4; July 1.
The director of the budget shall obtain from each state agency when subject to the allotment system as provided in this act, and it shall be the duty of the administrative head of such agency, to furnish upon forms prescribed by the director of the budget and in such detail and with such supplemental and supporting information as the director of the budget may require, the following:
(1) Thirty (30) days (or at such other time as requested by the director of the budget) before the beginning of the fiscal year, or before the effective date the agency is required to come under the allotment system, if it is different than the fiscal year, a statement of the funds estimated to become available, together with classifications of anticipated expenditures by month, quarter, semiannual or annual periods as determined.
(2) Thirty (30) days (or at such other time as requested by the director of the budget) before the beginning of the designated budget period (monthly, quarterly, semiannually or annually) of the fiscal year, and thirty (30) days (or at such other time as requested by the director of the budget) before the beginning of each budget period thereafter in the fiscal year, detailed statements of funds available, showing their sources and the specific purposes for which these funds are to be used.
These statements shall be coordinated with the statements required under subsection 1 of this section, and in each instance shall show that the agency will be able to keep within the funds available to it on an annual basis and to comply with the laws and any rules and regulations of the department.
History: L. 1953, ch. 375, § 23; July 1.
No appropriations to any state agency subject to the allotment system as provided in this act shall become available for expenditure until an allotment has been applied for on forms prescribed by the director of the budget and has been approved, increased or decreased and funds allotted as hereinbefore or hereinafter provided.
History: L. 1953, ch. 375, § 24; July 1.
The director of the budget, under rules and regulations adopted as provided in K.S.A. 75-3706, shall make available to the director of accounts and reports all information as to allotment plans and available funds as will assist the director of accounts and reports in recording, by funds and items, the amounts appropriated for, and the estimated revenues of each state agency, the amounts allotted and available for expenditure, the amounts of expenditure obligations authorized to be incurred, actual receipts and disbursements, actual balances on hand, and the unencumbered balances after deduction of all actual and authorized expenditures.
History: L. 1953, ch. 375, § 25; L. 1972, ch. 332, § 78; July 1.
(a) Whenever it appears that the estimated resources for any fiscal year in the state general fund are sufficient to meet in full the estimated expenditures and obligations for that fiscal year, but that the estimated resources in the state general fund in any month or months of such fiscal year are insufficient to meet in full the estimated expenditures and obligations for such month or months as the same become due, the director of the budget shall so inform the secretary of administration. Unless the secretary finds that the estimates of the director of the budget are grossly incorrect, the secretary shall inform the governor of the report of the director of the budget, and thereupon the governor shall call a meeting of the state finance council within 48 hours after receiving such notice for the sole purpose of implementing provisions of this act. At such meeting the director of the budget shall inform the state finance council of the facts which caused the meeting to be called and together with the director of accounts and reports shall report upon the finances of the state relevant to the call of such meeting, including the availability of moneys invested in accordance with the provisions of article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto, to meet all the obligations of the state as the same become due. Thereupon the state finance council may by the affirmative vote of the governor and of six of the legislator members of the council order the pooled money investment board to issue a written certificate of indebtedness subject to redemption from the state general fund not later than June 30 next following the issuance of such certificate of indebtedness. Upon the issuance of any such certificate of indebtedness the state treasurer shall purchase the same for the amount specified therein from state moneys available for investment in accordance with the provisions of article 42 of chapter 75 of Kansas Statutes Annotated, and amendments thereto. Upon the occurrence of any such purchase the state treasurer and the director of accounts and reports shall make appropriate entries to credit the state general fund in the amount of the state treasurer's purchase. In the event that the state finance council orders the issuance of any certificate of indebtedness under authority of this act, the amount thereof shall be sufficient in the opinion of the state finance council to increase the resources of the state general fund such that such resources will be sufficient to meet the estimated expenditures and obligations from the state general fund in each month for the balance of such fiscal year. No interest shall accrue or be paid on any such certificate of indebtedness. Not later than June 30 following the issuance of any such certificate of indebtedness the pooled money investment board shall redeem such certificate of indebtedness by issuing an order to the state treasurer to return such certificate of indebtedness with the word "canceled" written across the same by the state treasurer, and thereupon the state treasurer and the director of accounts and reports shall make appropriate entries to reduce the balance of the state general fund by the amount specified in such certificate of indebtedness and restore the same to the state moneys available for investment in accordance with the provisions of article 42 of chapter 75 of Kansas Statutes Annotated, and amendments thereto.
(b) Whenever it appears that the estimated resources for any fiscal year in the state general fund are sufficient to meet in full the estimated expenditures and obligations from such fund for such fiscal year and in addition to redeem any outstanding certificates of indebtedness issued pursuant to subsection (a), but that the estimated resources in the state general fund, including the amount of any outstanding certificate of indebtedness, in any month or months of such fiscal year are insufficient to meet in full the estimated expenditures and obligations for such month or months as the same become due, the state finance council may direct the pooled money investment board to issue another certificate of indebtedness. The issuance and redemption of any certificate of indebtedness issued under this subsection (b) shall be governed by the provisions of subsection (a).
History: L. 1970, ch. 363, § 1; L. 1976, ch. 58, § 6; L. 1983, ch. 288, § 1; L. 1994, ch. 13, § 2; March 17.
History: L. 1953, ch. 375, § 26; Repealed, L. 1975, ch. 449, § 2; April 18.
It is the intention of this act to provide flexibility in appropriations subject to the conditions and limitations herein specified. Any state agency may, with the approval of the state finance council, transfer all or any part of one of its items of appropriation to another of its items of appropriation. The state finance council shall cause any transfer so approved to be made.
History: L. 1975, ch. 449, § 1; April 18.
During any fiscal year, the attorney general may transfer all or any part of one of the attorney general's items of appropriation for the fiscal year from the state general fund to another of the attorney general's items of appropriation for the fiscal year from the state general fund for operating expenditures regarding interstate water rights. The attorney general shall certify each such transfer to the director of accounts and reports and shall transmit a copy of each such certification at the same time to the director of the budget and the director of the legislative research department. The provisions of this section shall not apply to any item of appropriation for the attorney general for the Kansas bureau of investigation.
History: L. 2003, ch. 95, § 1; April 24.
History: L. 1953, ch. 375, § 27; Repealed, L. 1972, ch. 332, § 97; July 1.
There is hereby established within and as a part of the department of administration, a division of accounts and reports, the head of which shall be the director of accounts and reports. Under the supervision of the secretary of administration, the director of accounts and reports shall administer the division of accounts and reports. The director of accounts and reports shall be in the unclassified service under the Kansas civil service act and shall be appointed by the secretary of administration.
History: L. 1972, ch. 332, § 5; L. 1984, ch. 323, § 16; July 1.
(a) All of the powers, duties and functions of the existing accounts and reports division and the controller are hereby transferred to and conferred and imposed, respectively, upon the division of accounts and reports and the director of accounts and reports created by this act, except as is herein otherwise provided.
(b) The division of accounts and reports and the director of accounts and reports created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the accounts and reports division and controller in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed in the exercise of such powers, duties and functions by or under the authority of the division of accounts and reports or director of accounts and reports created by this act, respectively, shall be deemed to have the same force and effect as if performed by the accounts and reports division or controller, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the accounts and reports division, 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 division of accounts and reports created by this act.
(d) Whenever the controller, 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 accounts and reports created by this act.
(e) All orders and directives of the controller or accounts and reports division 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 accounts and reports or division of accounts and reports created by this act, until revised, amended, revoked or nullified pursuant to law.
(f) The division of accounts and reports and the director of accounts and reports created by this act, respectively, shall be continuations of the accounts and reports division created by K.S.A. 75-3727 and the controller provided to be appointed under K.S.A. 75-3703.
History: L. 1972, ch. 332, § 6; July 1.
The director of accounts and reports shall formulate a system of central accounting and maintain centralized accounting records which shall include the general and controlling accounts of the state and which shall be co-ordinated with the accounting records maintained by state agencies. The state agencies shall maintain such uniform classification of accounts and reports as shall be prescribed by the director of accounts and reports and shall submit such reports and statements as may be required in order to carry out the provisions of this act. The director of accounts and reports shall design, revise and direct the use of accounting records and fiscal procedure and prescribe uniform classifications for receipts and expenditures for all state agencies. The accounting system shall be in accordance with accepted principles of governmental (fund) accounting and shall include both budgetary and proprietary (real) accounts. The director of accounts and reports shall prescribe the necessary forms to be used by the state agencies in connection with such accounting system.
The system shall provide records showing at all times by funds, accounts and other pertinent classifications, the amounts appropriated, the estimated revenues, actual revenues or receipts, the amounts available for expenditure, the total expenditures, the unliquidated obligations, actual balances on hand and the unencumbered balances of allotments or appropriations for each state agency.
The director of accounts and reports shall prescribe the necessary forms to be used by each county officer with reference to money to be received and transmitted to the state from any source in which the state may have an interest and it shall be the duty of every officer, assistant or employee of each county to use the forms of receipts, vouchers, classifications, reporting and accounting prescribed by the director of accounts and reports with reference to the conduct of state business and render such assistance as he or she may deem necessary in carrying out the provisions of this act.
History: L. 1953, ch. 375, § 28; July 1.
As used in this act, unless the context otherwise requires:
(a) "State agency" means any state office or officer, department, board, commission, institution, bureau or any other state authority which may lawfully request a state appropriation.
(b) "Head of a state agency" means the secretary of revenue, the secretary of administration, the secretary for children and families, the state board of regents, the chief executive officer of a state educational institution, the state board of education and the officer, board, commission or authority determined by the director of accounts and reports to have the chief policy making executive function of a state agency.
History: L. 1974, ch. 365, § 1; L. 1996, ch. 261, § 6; L. 2014, ch. 115, § 336; July 1.
(a) The head of any state agency may apply to the director of accounts and reports for authority to write off any accounts receivable or taxes receivable of the state agency or any institution thereof. Upon the receipt of any such application accompanied by documentation satisfactory to the director of accounts and reports, the director may authorize the write-off of any or all such accounts receivable or taxes receivable to the extent and under conditions specified by rules and regulations adopted under K.S.A. 75-3728c, and amendments thereto. The accounts receivable specified in any such authorization shall be promptly written off. Thereafter, subject to the provisions of subsection (d), the state agency shall make appropriate accounting entries to reflect the write-off and such accounts receivable shall no longer be shown in the accounts and reports of such state agency, except that nothing in this act and no action under this section shall be deemed to void any debt, account or liability (civil or criminal) prior to the expiration of the statute of limitations applicable thereto.
(b) Subject to the provisions of subsection (d), all accounts receivable and taxes receivable that have been written off by a state agency pursuant to this section are hereby assigned to the director of accounts and reports. The director of accounts and reports is hereby authorized to pursue the collection of all accounts receivable and taxes receivable assigned to the director under this subsection. Each state agency to which such accounts receivable or taxes receivable were owed prior to the write-off and assignment thereof, shall give the director of accounts and reports all information relating thereto requested by the director of accounts and reports and officers and employees of such state agency shall participate in any hearings or litigation relating to collection of such accounts receivable or taxes receivable when requested to participate by the director of accounts and reports. The provisions of K.S.A. 75-6212, and amendments thereto, shall be applicable to information relating to accounts receivable and taxes receivable assigned pursuant to this section.
(c) All moneys collected by the director of accounts and reports on accounts receivable and taxes receivable written off and assigned to the director of accounts and reports 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 accounting services recovery fund, except that in cases involving collection of debts arising out of the employment security law, the entire amount collected shall be credited to the employment security fund and an equal amount shall be transferred from the special employment security fund to the account services recovery fund.
(d) With regard to any accounts receivable that were payable to the secretary of labor pursuant to the employment security law, that were written off and assigned to the director of accounts and reports pursuant to this section and that the secretary of labor determines to be collectable by the secretary pursuant to the employment security law, the secretary of labor may request the director of accounts and reports to reinstate any such accounts receivable at any time prior to collection by the director of accounts and reports pursuant to this section. Upon receipt of such request, the director of accounts and reports shall reinstate such accounts receivable as debts owed to the secretary of labor and appropriate entries shall be made in the accounts and reports of the department of labor therefor. Upon such reinstatement, such reinstated accounts receivable are hereby reassigned to the secretary of labor.
History: L. 1974, ch. 365, § 2; L. 1983, ch. 289, § 2; L. 1988, ch. 343, § 2; L. 2001, ch. 5, § 385; L. 2004, ch. 179, § 117; July 1.
The secretary of administration shall adopt rules and regulations as provided in K.S.A.
75-3706, and amendments thereto, specifying the conditions that shall apply to the write-off of accounts receivable and taxes receivable. Any such rule and regulation may apply generally or be limited to receivables of certain state agencies or institutions or to certain classes of receivables.
History: L. 1974, ch. 365, § 3; L. 1978, ch. 356, § 1; L. 2021, ch. 36, § 2; July 1.
No account receivable or tax receivable of any state agency shall be written-off after the effective date of this act, except in accordance with the provisions of this act. This act shall not be deemed to apply to the write-off of accounts receivable or taxes receivable for which another procedure for write-off is provided by law.
History: L. 1974, ch. 365, § 4; July 1.
As used in this act, unless the context otherwise requires:
(a) "Canteen" means a retail store which offers for sale items of necessity, comfort and morale which otherwise are not accessible to persons in the environment of a state institution.
(b) "Canteen fund" means the moneys and other assets used for operation of a canteen.
(c) "Benefit fund" means the moneys and other assets available:
(1) To provide property, services or entertainment for persons in a state institution or in the legal custody of the secretary of corrections;
(2) to provide incentives for program and work participation and performance and other activities related to offender management for persons in the legal custody of the secretary of corrections; or
(3) for other purposes that benefit persons in a state institution or in the legal custody of the secretary of corrections.
(d) "Work therapy project" means a sheltered workshop or other similar vocational training activity provided by a state institution, whether on or off campus.
(e) "Work therapy fund" means the moneys and other assets used to operate a work therapy project for persons in a state institution.
(f) "State institution" means:
(1) Any institution as defined by K.S.A. 38-2302, K.S.A. 75-5202 or 76-12a01, and amendments thereto;
(2) the Kansas state school for the blind;
(3) the Kansas state school for the deaf; and
(4) the Kansas veterans' home and the Kansas soldiers' home, which are operated and administered by the commission on veterans affairs.
History: L. 1974, ch. 405, § 1; L. 1990, ch. 317, § 1; L. 1993, ch. 41, § 1; L. 2001, ch. 106, § 1; L. 2006, ch. 169, § 123; January 1, 2007.
(a) The superintendent, president or other chief administrative officer of any state institution may apply to the director of accounts and reports for authority to establish one or more canteens, canteen funds, work therapy funds or benefit funds in the institution supervised by such officer. The director of accounts and reports may authorize the establishment of any canteen, canteen fund, work therapy fund or benefit fund for which application is made under this section. The director of accounts and reports shall prescribe a system of accounts and accounting procedures to be used in the operation of canteens, work therapy projects and benefit funds. Canteens and work therapy projects may make purchases of personal property as provided in K.S.A. 75-3739, and amendments thereto.
(b) Moneys of canteen funds, work therapy funds and benefit funds shall be deposited in an account of a financial institution designated by the pooled money investment board. Such financial institution shall be:
(1) A bank, a savings and loan association or a federally chartered savings bank, which bank, association or savings bank is insured by the federal government or an agency thereof; or
(2) a credit union which is insured with an insurer or guarantee corporation as required under K.S.A. 17-2246, and amendments thereto.
Except as otherwise directed by the pooled money investment board, moneys of canteen funds, work therapy funds and benefit funds shall be placed in one or more interest-bearing accounts.
(c) The provisions of K.S.A. 75-4217, and amendments thereto, and the provisions relating to security of article 42 of chapter 75 of Kansas Statutes Annotated shall apply to accounts in banks, savings and loan associations, credit unions and federally chartered savings banks under this section.
(d) Interest earned on moneys invested under this section shall be prorated at least monthly according to procedures approved by the director of accounts and reports and credited to the appropriate canteen funds, work therapy funds and benefit funds from which they were invested.
(e) Canteen funds, work therapy funds and benefit funds shall be subject to post audit under the provisions of the statutes contained in article 11 of chapter 46 of Kansas Statutes Annotated.
History: L. 1974, ch. 405, § 2; L. 1984, ch. 324, § 1; L. 1990, ch. 317, § 2; L. 2001, ch. 106, § 2; July 1.
The annual budget requests of each institution which has a canteen, work therapy or a benefit fund shall contain canteen operations, work therapy project operations and benefit fund operations as separate activities, each of which shall be justified on the basis of recommended expenditures, estimated revenues and proposed distribution of profits. Profits of a canteen or a work therapy project or any part thereof may be retained in their respective funds or distributed to a benefit fund of the institution, in accordance with appropriation acts of the legislature.
History: L. 1974, ch. 405, § 3; L. 1990, ch. 317, § 3; March 29.
History: L. 1974, ch. 405, §§ 4, 5; L. 1990, ch. 317, §§ 4, 5; Repealed, L. 2001, ch. 106, § 5; July 1.
From and after July 1, 1979, the director of accounts and reports shall design, establish and implement a system of centralized accounting for receivables which shall be coordinated with the general and controlling accounts of the state and the accounting records maintained by the state agencies. All state agencies shall maintain such uniform classifications of accounts, notes and other categories of receivables and shall submit such reports and statements as may be prescribed by the director of accounts and reports and as may be required to implement and administer the receivables accounting system. The director of accounts and reports shall design, revise and direct the use of accounting records, prescribe the necessary forms and recording methods to be used in connection with the receivables accounting system. The receivables accounting system shall be operated in accordance with accepted principles of governmental accounting and as prescribed by the director of accounts and reports, shall include accounting for uncollected receivables and doubtful account balances, subject to established write-off procedures, and shall include standards for collection procedures and for collection and reporting of data necessary to analyze receivables data and the effectiveness of collection procedures. The system shall include preparation and reporting of data showing at all times, by funds, accounts and other pertinent classifications, the date of charges, types of charge, standard billing rates, amounts charged, other assessments, collections to date, adjustments and compromises of amounts due, accounts written off, abatements, balances due, status of collection activity, legal actions initiated, accounts assigned for collection, allowances for doubtful accounts and such other related matters as may be prescribed by the director of accounts and reports. As used in this section, "state agency" shall have the meaning ascribed thereto in K.S.A. 75-3701.
History: L. 1979, ch. 275, § 1; July 1.
History: L. 1980, ch. 260, § 1; Repealed, L. 1981, ch. 342, § 16; July 1.
The director of accounts and reports shall design, devise and direct the use of inventory records by all state agencies to show all fixed and movable property of the state. The records shall be based on a physical inventory and shall be charged with all subsequent purchases, manufacture of property or other methods of acquisition and shall be reduced by all property traded in, condemned or otherwise disposed of. The accuracy of such property record shall be verified periodically by actual inspection of such property by the state agency and shall be verified periodically by the division of accounts and reports. The state agencies may be required to take physical inventory of such properties annually and at such other times as the director of accounts and reports may direct.
History: L. 1953, ch. 375, § 29; L. 1990, ch. 318, § 2; July 1.
All commitments and claims shall be preaudited by the division of accounts and reports as provided in K.S.A. 75-3731. No payment shall be made and no obligation shall be incurred against any fund, allotment, or appropriation, except liabilities representing the expenses of the legislature, unless the director of accounts and reports shall first certify that his or her records disclose there is a sufficient unencumbered balance available in such fund, allotment, or appropriation to meet the same and until such commitment statements as may be required under rules and regulations established as provided in K.S.A. 75-3706, shall have been duly filed with the director of accounts and reports: Provided, In case of contracts or transactions where it is impracticable to comply with the foregoing requirements, the director of accounts and reports shall dispense therewith under such regulations so established as will insure the proper payment of such obligations.
History: L. 1953, ch. 375, § 30; July 1.
History: L. 1973, ch. 362, §§ 1, 2; Repealed, L. 1998, ch. 203, § 201; June 4.
(a) Unless a claim is ordered paid by act of the legislature, the director of accounts and reports may refuse to pay any account, bill, claim, refund or demand on funds in the state treasury when the director determines that it is not a valid obligation or was not incurred in accordance with applicable laws and rules and regulations.
(b) Procedures for the processing of payrolls shall be prescribed by the director of accounts and reports, subject to the approval of the secretary of administration.
(c) The state treasurer shall transmit to the director of accounts and reports copies of all receipt documents showing all receipts received by the state treasurer. Such receipt documents shall be audited and examined by the director of accounts and reports.
History: L. 1953, ch. 375, § 31; L. 1968, ch. 311, § 1; L. 1990, ch. 318, § 3; L. 1994, ch. 274, § 10; July 1.
Subject to the approval of the secretary of administration, the director of accounts and reports may prescribe limitations and procedures relating to expenditures for official hospitality by agencies within the executive branch of state government.
History: L. 1982, ch. 338, § 1; April 29.
(a) Subject to the provisions of K.S.A. 75-3731, and amendments thereto, the director of accounts and reports shall provide for the payment of accounts, bills, claims, funds and demands by issuing warrants drawn on the state treasurer or as an alternative, permissive method in the case of claims for salaries or wages, by utilizing procedures authorized by K.S.A. 75-5540, and amendments thereto. Except as authorized by subsection (c) and (d), the director of accounts and reports shall sign and the state treasurer shall cosign all such warrants for money before their delivery by the director of accounts and reports to the persons entitled thereto. Forms for such warrants shall be prescribed by the director of accounts and reports. The director of accounts and reports shall transmit to the state treasurer a duplicate copy of the director's record of all warrants issued by the director.
(b) When the claim as shown to be due any individual payee on any voucher submitted by an agency is less than $5, no warrant shall be issued except as approved by the director of accounts and reports. Claims for amounts less than $5 shall be paid by an agency from the agency's imprest fund or petty cash fund under procedures prescribed by the director of accounts and reports or as otherwise prescribed by the director.
(c) The director of accounts and reports may designate one or more persons to sign, on behalf of the director of accounts and reports, warrants which do not exceed $5,000 for the payment of prizes to the holders of valid winning lottery tickets or shares pursuant to K.S.A. 74-8712, and amendments thereto.
(d) The secretary of administration and the state treasurer may agree, in writing, to establish funds transfers pursuant to article 4a of chapter 84 of the Kansas Statutes Annotated for various categories of payments. In addition to the paper warrants described in subsection (a), the term warrant or state warrant as used in state law, shall also include payments pursuant to any funds transfers authorized pursuant to this subsection.
History: L. 1953, ch. 375, § 32; L. 1979, ch. 291, § 1; L. 1986, ch. 326, § 1; L. 1987, ch. 292, § 28; L. 1990, ch. 318, § 4; L. 1994, ch. 105, § 2; April 14.
History: L. 1979, ch. 291, § 2; Repealed, L. 1988, ch. 344, § 3; January 1, 1989.
Federal funds received by or granted to any state agency shall be deposited in the state treasury and disbursed upon warrants issued by the director of accounts and reports and shall be subject to the fiscal controls imposed by this act, except:
(a) When federal laws or regulations of the federal agency making such funds available to the state prevent certain federal funds from being deposited, allocated or expended as provided by this act; or
(b) when authorized by the state treasurer and the director of accounts and reports and approved by the secretary of administration.
History: L. 1953, ch. 375, § 34; L. 1997, ch. 131, § 1; July 1.
The director of accounts and reports shall:
(1) At least annually, prepare reports as of the close of the preceding reporting period or fiscal year showing the financial condition of each fund as of the close of the respective periods and the transactions of each fund for such reporting period or fiscal year. Each report shall be summarized for the governor, and whenever possible, shall be prepared on a basis comparative to like preceding periods.
(2) File with the governor on or before December 31 of each year, a report of the financial transactions of the preceding fiscal year and of the financial condition of the state as of the end of that year. The report also shall include any comments and supplementary data deemed necessary. This report shall be made available to the legislature and the public.
(3) Receive and respond to requests for information as to the financial condition and operation of the state, either directly or in cooperation with any state agency.
(4) Compile statistics necessary for the budget and other statistics required by the secretary of administration.
History: L. 1953, ch. 375, § 35; L. 2001, ch. 110, § 1; L. 2004, ch. 31, § 3; July 1.
The director of accounts and reports shall require the submission of financial reports and statements by state agencies in such form and at such times as may be deemed necessary for the proper administration of this act and shall receive all financial reports, statements or exhibits from state agencies and county officials and perform certain duties required under statutes enumerated in K.S.A. 75-3753.
History: L. 1953, ch. 375, § 36; July 1.
In the regular course of business or activity of the department, the secretary of administration as the official custodian, may require the director of accounts and reports to keep or record any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, by causing any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic or other process which accurately reproduces or forms a durable medium for so reproducing the original, and thereafter the original, upon the approval of the secretary of administration, may be destroyed in the regular course of business after it has been on file in his or her office for a period of three years or more unless longer preservation of the item is required by law.
Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such production is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of the court. The introduction of a reproduced record, enlargement or facsimile does not preclude admission of the original. Nothing in this section shall affect the admissibility of evidence permitted by K.S.A. 75-3505 to 75-3508, inclusive, or any amendments thereto.
History: L. 1953, ch. 375, § 37; July 1.
There is hereby established, within and as a part of the department of administration, a division of purchases, the head of which shall be the director of purchases. Under the supervision of the secretary of administration, the director of purchases shall administer the division of purchases. The director of purchases shall be in the unclassified service under the Kansas civil service act and shall be appointed by the secretary of administration.
History: L. 1972, ch. 332, § 7; L. 1978, ch. 332, § 44; July 1.
(a) All of the powers, duties and functions of the existing purchasing division and the existing director of purchases are hereby transferred to and conferred and imposed, respectively, upon the division of purchases and the director of purchases created by this act, except as is herein otherwise provided.
(b) The division of purchases and the director of purchases created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the purchasing division and director of purchases in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed under the authority of the division of purchases or director of purchases created by this act, respectively, shall be deemed to have the same force and effect as if performed by the purchasing division or director of purchases, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the purchasing division, 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 division of purchasing created by this act.
(d) Whenever the director of purchases, 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 purchases created by this act.
(e) All orders and directives of the director of purchases or purchasing division 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 purchases created by this act, until revised, amended, revoked or nullified pursuant to law.
(f) The division of purchases and director of purchases created by this act, respectively, shall be continuations of the purchasing division created by K.S.A. 75-3738 and the director of purchases provided to be appointed under K.S.A. 75-3703.
History: L. 1972, ch. 332, § 8; July 1.
The director of purchases shall:
(a) Purchase, rent or otherwise provide for the furnishing of supplies, materials, equipment or contractual services for all state agencies.
(b) Have power to authorize any state agency to purchase directly certain specified supplies, materials, equipment or contractual services under prescribed conditions and procedures.
(c) Prescribe the manner in which supplies, materials and equipment shall be purchased, delivered and distributed.
(d) Prescribe the time, manner and authentication of making requisitions for supplies, materials, equipment and contractual services.
(e) Establish standards of quality and quantity and develop standard specifications in consultation with the several state agencies.
(f) Prescribe the manner of making chemical and physical tests of samples submitted with bids and samples of deliveries to determine compliance with specifications and the manner in which state agencies shall inspect all deliveries of supplies, materials and equipment.
(g) Prescribe the amounts and form of, accounting for and disposition of any deposit or bond required to be submitted with a bid or a contract and the amount of any such deposit or bond to be given for the faithful performance of a contract.
History: L. 1953, ch. 375, § 38; L. 1963, ch. 432, § 1; L. 1972, ch. 332, § 79; L. 1983, ch. 290, § 3; L. 1986, ch. 327, § 4; L. 1987, ch. 341, § 4; L. 2003, ch. 114, § 3; July 1.
In the manner as provided in this act and rules and regulations established thereunder:
(a) All contracts for construction and repairs and all purchases of and contracts for supplies, materials, equipment and contractual services to be acquired for state agencies shall be based on competitive bids, except that competitive bids need not be required in the following instances:
(1) For contractual services, supplies, materials or equipment when, in the judgment of the director of purchases, no competition exists;
(2) when, in the judgment of the director of purchases, chemicals and other material or equipment for use in laboratories or experimental studies by state agencies are best purchased without competition, or where rates are fixed by law or ordinance;
(3) when, in the judgment of the director of purchases, an agency emergency requires immediate delivery of supplies, materials or equipment, or immediate performance of services;
(4) when any statute authorizes another procedure or provides an exemption from the provisions of this section;
(5) when compatibility with existing contractual services, supplies, materials or equipment is the overriding consideration;
(6) when a used item becomes available and is subject to immediate sale;
(7) when, in the judgment of the director of purchases and the head of the acquiring state agency, not seeking competitive bids is in the best interest of the state; or
(8) when a public-private partnership between the secretary of corrections and a private entity exists for any public-private project to develop, finance, construct or renovate a building at a correctional institution, provided state funds do not exceed 25% of the total cost. The provisions of this paragraph shall not apply to the procurement process established in K.S.A.
75-5801
et seq., and amendments thereto, regarding engineering services. As used in this paragraph, "public-private partnership," "private entity" and "public-private project" mean the same as defined in K.S.A. 2025 Supp.
75-52,167, and amendments thereto.
When the director of purchases approves a purchase of or contract for supplies, materials, equipment, or contractual services in any instance specified in this subsection, the director may delegate authority to make the purchase or enter the contract under conditions and procedures prescribed by the director. Except for purchases or contracts entered into without a competitive bid under subsection (a)(3), (a)(4), (a)(6) or subsection (h), no purchase or contract entered into without a competitive bid for an amount in excess of $100,000 shall be entered into by the head of any state agency or approved by the director of purchases unless the director of purchases first posts an on-line notice of the proposed purchase or contract at least seven days before the purchase or contract is awarded. The director of purchases shall provide notice thereof to members of the legislature at the beginning of each calendar year that such information will be posted and the director of the division of purchases shall provide the uniform resource locator (URL) and the number of times such information shall be available. In the event a written protest of the awarding of such a contract occurs during the seven-day notice period, the director of purchases shall request from the protestor the contact information, including name and mailing address, of the person or entity that has expressed an interest in supplying the goods or services and provide a copy of the specification to the person or entity that has expressed an interest in supplying the goods or services and verify that such person or entity is interested and capable of supplying such goods or services.
Upon satisfaction of the director of purchases regarding the validity of the protest and the existence of competition, the director of purchases shall proceed with a competitive procurement. A competitive procurement shall not be required when, in the judgment of the director of purchases, the validity of the protest cannot be determined or competition for such goods or services cannot be verified by the director of purchases.
The director of purchases shall prepare a detailed report at least once in each calendar quarter of all contracts over $5,000 entered into without competitive bids under subsection (a)(1), (2), (3), (5), (6), (7) or (8). The director shall submit the report to the legislative coordinating council, the chairperson of the committee on ways and means of the senate and the chairperson of the committee on appropriations of the house of representatives.
(b) (1) If the amount of the purchase is estimated to exceed $50,000, sealed bids shall be solicited by notice published once in the Kansas register not less than 10 days before the date stated in the notice for the opening of the bids. The director of purchases may waive this publication of notice requirement when the director determines that a more timely procurement is in the best interest of the state. The director of purchases also may designate a trade journal for the publication. The director of purchases also shall solicit such bids by sending notices by mail to prospective bidders and by posting the notice on a public bulletin board for at least 10 business days before the date stated in the notice for the opening of the bids unless otherwise provided by law. All bids shall be sealed when received and shall be opened in public at the hour stated in the notice.
(2) The director of purchases shall prepare a detailed report at least once in each calendar quarter of all instances in which the director waived publication of the notice of bid solicitations in the Kansas register as provided in this subsection. The director shall submit the report to the legislative coordinating council, the chairperson of the committee on ways and means of the senate and the chairperson of the committee on appropriations of the house of representatives.
(c) All purchases estimated to exceed approximately $25,000 but not more than $50,000, shall be made after receipt of sealed bids following at least three days' notice posted on a public bulletin board.
(d) All purchases estimated to be more than $5,000, but less than $25,000, may be made after the receipt of three or more bid solicitations by telephone, telephone facsimile or sealed bid, following at least three days' notice posted on a public bulletin board. Such bids shall be recorded as provided in subsection (f) of K.S.A.
75-3740, and amendments thereto. Any purchase that is estimated to be less than $5,000 may be purchased under conditions and procedures prescribed by the director of purchases. Purchases made in compliance with such conditions and procedures shall be exempt from other provisions of this section.
(e) With the approval of the secretary of administration, the director of purchases may delegate authority to any state agency to make purchases of less than $25,000 under certain prescribed conditions and procedures. The director of purchases shall prepare a report at least once in each calendar quarter of all current and existing delegations of authority to state agencies as provided in this subsection. The director shall submit the report to the legislative coordinating council, the chairperson of the committee on ways and means of the senate and the chairperson of the committee on appropriations of the house of representatives.
(f) Subject to the provisions of subsection (e), contracts and purchases shall be based on specifications approved by the director of purchases. When deemed applicable and feasible by the director of purchases, such specifications shall include either energy efficiency standards or appropriate life cycle cost formulas, or both, for all supplies, materials, equipment and contractual services to be purchased by the state. The director of purchases may reject a contract or purchase on the basis that a product is manufactured or assembled outside the United States. No such specifications shall be fixed in a manner to effectively exclude any responsible bidder offering comparable supplies, materials, equipment or contractual services.
(g) Notwithstanding anything herein to the contrary, all contracts with independent construction concerns for the construction, improvement, reconstruction and maintenance of the state highway system and the acquisition of rights-of-way for state highway purposes shall be advertised and let as now or hereafter provided by law.
(h) The director of purchases may authorize state agencies to contract for services and materials with other state agencies, or with federal agencies, political subdivisions of Kansas, agencies of other states or subdivisions thereof, or private nonprofit educational institutions, without competitive bids.
(i) The director of purchases may participate in, sponsor, conduct, or administer a cooperative purchasing agreement or consortium for purchases of supplies, materials, equipment, and contractual services with federal agencies or agencies of other states or local units of government. Cooperative purchasing agreements entered into under this subsection shall not be subject to K.S.A. 75-3739 through
75-3740a, and amendments thereto.
(j) The director of purchases may delegate authority to any state agency to make purchases under certain prescribed conditions and procedures when the acquisition is funded, in whole or in part, from a grant. Except as otherwise provided in subsection (k), purchases made in compliance with such conditions and procedures shall be exempt from other provisions of this section. As used in this subsection the term "grant" means a disbursement made from federal or private funds, or a combination of these sources, to a state agency. Nothing in this subsection shall allow federal grant moneys to be handled differently from any other moneys of the state unless the requirements of the applicable federal grant specifically require such federal moneys to be handled differently.
(k) The director of purchases shall prepare a detailed report at least once each calendar quarter of all contracts over $5,000 for services, supplies, materials or equipment entered into pursuant to subsection (h), (i) or (j) and submit it to the legislative coordinating council, the chairperson of the committee on ways and means of the senate and the chairperson of the committee on appropriations of the house of representatives.
(l) Except as otherwise specifically provided by law, no state agency shall enter into any lease of real property without the prior approval of the secretary of administration. A state agency shall submit to the secretary of administration such information relating to any proposed lease of real property as the secretary may require. The secretary of administration shall either approve, modify and approve or reject any such proposed lease.
(m) The director of purchases shall require all bidders on state contracts to disclose all substantial interests held by the bidder in the state.
(n) As used in article 37 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto, and other statutory provisions concerning state procurement, "sealed bids," "bulletin boards" and "mail" shall include electronic bids, electronic bulletin boards and electronic mail when such items are utilized in accordance with procedures prescribed by the director of purchases.
History: L. 1953, ch. 375, § 39; L. 1968, ch. 311, § 2; L. 1975, ch. 450, § 1; L. 1978, ch. 357, § 1; L. 1979, ch. 289, § 5; L. 1980, ch. 279, § 1; L. 1981, ch. 324, § 25; L. 1984, ch. 325, § 1; L. 1987, ch. 341, § 5; L. 1987, ch. 196, § 19; L. 1987, ch. 342, § 1; L. 1987, ch. 343, § 1; L. 1987, ch. 343, § 2; L. 1996, ch. 201, § 8; L. 1998, ch. 182, § 27; L. 2003, ch. 114, § 6; L. 2012, ch. 163, § 6; L. 2021, ch. 86, § 6; July 1.
(a) Subject to the provisions of K.S.A. 75-3317 through 75-3322, and amendments thereto, the director of purchases shall have power to utilize the reverse auctioning electronic procurement process for the purchase of selected goods or materials for one or more state agencies in accordance with this section. The director of purchases shall adopt policies and procedures for such reverse auctioning electronic procurements process in accordance with and subject to the provisions of this section.
(b) The provisions of K.S.A. 75-430, and amendments thereto, relating to advertisements in the Kansas register and the provisions of K.S.A. 75-3739 et seq., and amendments thereto, regarding procedures for sealed bidding and the opening of bids shall not apply to bids or purchases conducted under the reverse auctioning electronic procurement process in accordance with this section. All bids submitted under the reverse auctioning electronic procurement process in accordance with this section shall be subject to the open records act.
(c) Reverse auctioning shall not be used for the acquisition of any services for construction projects or for the acquisition of any other services.
(d) As used in this section, "reverse auctioning" means a procurement process following procedures approved by the director of purchases where bidders are invited to bid on specific goods through real-time electronic bidding, with the award being made to the lowest responsible and responsive bidder; during the bidding process, bidders' prices are revealed and bidders shall have the opportunity to modify their bid prices for the duration of the time period established for the bid opening.
History: L. 2001, ch. 212, § 1; L. 2002, ch. 183, § 1; L. 2003, ch. 114, § 7; July 1.
(a) Except as provided by K.S.A. 75-3740b, and amendments thereto, and subsections (b) and (k), all contracts and purchases made by or under the supervision of the director of purchases or any state agency for which competitive bids are required shall be awarded to the lowest responsible bidder, taking into consideration conformity with the specifications, terms of delivery, and other conditions imposed in the call for bids.
(b) A contract shall be awarded to a certified business or disabled veteran business which is also a responsible bidder, whose total bid cost is not more than 10% higher than the lowest competitive bid. Such contract shall contain a promise by the certified business that the percentage of employees that are individuals with disabilities will be maintained throughout the contract term and a condition that the certified business shall not subcontract for goods or services in an aggregate amount of more than 25% of the total bid cost.
(c) The director of purchases shall have power to decide as to the lowest responsible bidder for all purchases, but if:
(1) (A) A responsible bidder purchases from a qualified vendor goods or services on the list certified by the director of purchases pursuant to K.S.A. 75-3317 et seq., and amendments thereto, the dollar amount of such purchases made during the previous fiscal year shall be deducted from the original bid received from such bidder for the purpose of determining the lowest responsible bid, except that such deduction shall not exceed 10% of the original bid received from such bidder; or
(B) a responsible bidder purchases from a certified business the dollar amount of such purchases made during the previous fiscal year shall be deducted from the original bid received from such bidder for the purpose of determining the lowest responsible bid, except that such deduction shall not exceed 10% of the original bid received from such bidder;
(2) the dollar amount of the bid received from the lowest responsible bidder from within the state is identical to the dollar amount of the bid received from the lowest responsible bidder from without the state, the contract shall be awarded to the bidder from within the state; and
(3) in the case of bids for paper products specified in K.S.A. 75-3740b, and amendments thereto, the dollar amounts of the bids received from two or more lowest responsible bidders are identical, the contract shall be awarded to the bidder whose bid is for those paper products containing the highest percentage of recycled materials.
(d) (1) Any or all bids may be rejected, and a bid shall be rejected if it contains any material alteration or erasure made after the bid is opened. The director of purchases may reject the bid of any bidder who is in arrears on taxes due the state, who is not properly registered to collect and remit taxes due the state or who has failed to perform satisfactorily on a previous contract with the state. The secretary of revenue is hereby authorized to exchange such information with the director of purchases as is necessary to effectuate the preceding sentence notwithstanding any other provision of law prohibiting disclosure of the contents of taxpayer records or information. Prior to determining the lowest responsible bidder on contracts for construction of buildings or for major repairs or improvements to buildings for state agencies, the director of purchases shall consider the:
(A) Criteria and information developed by the secretary of administration, with the advice of the state building advisory commission to rate contractors on the basis of their performance under similar contracts with the state, local governmental entities and private entities, in addition to other criteria and information available; and
(B) recommendations of the project architect, or, if there is no project architect, the recommendations of the secretary of administration or the agency architect for the project as provided in K.S.A. 75-1254, and amendments thereto.
(2) In any case where competitive bids are required and where all bids are rejected, new bids shall be called for as in the first instance, unless otherwise expressly provided by law or the state agency elects not to proceed with the procurement.
(e) Before the awarding of any contract for construction of a building or the making of repairs or improvements upon any building for a state agency, the director of purchases shall receive written approval from the state agency for which the building construction project has been approved, that the bids generally conform with the plans and specifications prepared by the project architect, by the secretary of administration or by the agency architect for the project, as the case may be, so as to avoid error and mistake on the part of the contractors. In all cases where material described in a contract can be obtained from any state institution, the director of purchases shall exclude the same from the contract.
(f) All bids with the names of the bidders and the amounts thereof, together with all documents pertaining to the award of a contract, shall be made a part of a file or record and retained by the director of purchases for five years, unless reproduced as provided in K.S.A. 75-3737, and amendments thereto, and shall be open to public inspection at all reasonable times.
(g) As used in this section:
(1) "Certified business" means any business certified as provided by subsection (l) by the department of administration that is a sole proprietorship, partnership, association or corporation domiciled in Kansas, or any corporation, even if a wholly owned subsidiary of a foreign corporation, that:
(A) Does business primarily in Kansas or substantially all of its production in Kansas;
(B) employs at least 10% of its employees who are individuals with disabilities and reside in Kansas;
(C) offers to contribute at least 75% of the premium cost for individual health insurance coverage for each employee. The department of administration shall require a certification of these facts as a condition to the certified business being awarded a contract pursuant to subsection (b); and
(D) does not employ individuals under a certificate issued by the United States secretary of labor under 29 U.S.C. § 214(c);
(2) "individuals with disabilities" or "individual with a disability" means any individual who:
(A) Is certified by the Kansas department for aging and disability services or by the Kansas department for children and families which administers the rehabilitation services program as having a physical or mental impairment that constitutes a substantial barrier to employment;
(B) works a minimum number of hours per week for a certified business necessary to qualify for health insurance coverage offered pursuant to subsection (g)(1); and
(C) (i) is receiving services, has received services or is eligible to receive services under a home and community based services program, as defined by K.S.A. 39-7,100, and amendments thereto;
(ii) is employed by a charitable organization domiciled in the state of Kansas and exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986, as amended; or
(iii) is an individual with a disability pursuant to the disability standards established by the social security administration as determined by the Kansas disability determination services under the Kansas department for children and families;
(3) "physical or mental impairment" means:
(A) Any physiological disorder or condition, cosmetic disfigurement or anatomical loss substantially affecting one or more of the following body systems:
(i) Neurological;
(ii) musculoskeletal;
(iii) special sense organs;
(iv) respiratory, including speech organs;
(v) cardiovascular;
(vi) reproductive;
(vii) digestive;
(viii) genitourinary;
(ix) hemic and lymphatic;
(x) skin; or
(xi) endocrine; or
(B) any mental or psychological disorder, such as intellectual disability, organic brain syndrome, mental illness and specific learning disabilities. "Physical or mental impairment" includes, but is not limited to, orthopedic, visual, language and hearing disorders, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis and intellectual disability;
(4) "project architect" means the same as defined in K.S.A. 75-1251, and amendments thereto;
(5) "disabled veteran" means a person who:
(A) Served in the active military, naval, air or space service, including those groups and individuals listed under 38 C.F.R. § 3.7, and who was discharged or released therefrom under an honorable discharge or a general discharge under honorable conditions;
(B) received a disability that was incurred or aggravated in the line of duty in the active military, naval, air or space service; and
(C) has a service-connected evaluation percentage equal to or greater than 10% pursuant to 38 U.S.C. § 1101 et seq. or 10 U.S.C. § 1201 et seq.; and
(6) "disabled veteran business" means a business certified annually by the department of administration that is a sole proprietorship, partnership, association or corporation domiciled in Kansas, or any corporation, even if a wholly owned subsidiary of a foreign corporation, and is verified by the Kansas office of veterans services that:
(A) Not less than 51% of such business is owned by one or more disabled veterans or, in the case of a publicly owned business, not less than 51% of the stock is owned by one or more disabled veterans;
(B) the management and daily business operations of such business are controlled by one or more disabled veterans; and
(C) such business maintains the requirements of subparagraphs (A) and (B) during the entire contract term.
(h) Any state agency authorized by the director of purchases to make purchases pursuant to K.S.A. 75-3739(e), and amendments thereto, shall consider any unsolicited proposal for goods or services under this section.
(i) The secretary of administration and the secretary for aging and disability services, jointly, shall adopt rules and regulations as necessary to effectuate the purpose of this section.
(j) At the beginning of each regular session of the legislature, the secretary of administration and the secretary for aging and disability services shall submit to the social services budget committee of the house of representatives and the appropriate subcommittee of the committee on ways and means of the senate, a written report on the number of:
(1) Certified businesses certified by the department of administration during the previous fiscal year;
(2) certified businesses awarded contracts pursuant to subsection (b) during the previous fiscal year;
(3) contracts awarded pursuant to subsection (b) to each certified business during the previous fiscal year;
(4) individuals with disabilities removed from, reinstated to or not reinstated to home and community based services or other medicaid program services during the previous fiscal year as a result of employment with a certified business;
(5) individuals employed by each certified business during the previous fiscal year; and
(6) individuals with disabilities employed by each certified business during the previous fiscal year.
(k) When a state agency is receiving bids to purchase passenger motor vehicles, such agency shall follow the procedures prescribed in subsection (c)(2), except in the case where one of the responsible bidders offers motor vehicles that are assembled in Kansas. In such a case, 3% of the bid of the responsible bidder that offers motor vehicles assembled in Kansas shall be subtracted from the bid amount, and that amount shall be used to determine the lowest bid pursuant to subsection (c)(2). This subsection shall only apply to bids that match the exact motor vehicle specifications of the agency purchasing passenger motor vehicles.
(l) The secretary of administration shall certify that a business meets the requirements for a certified business as defined in subsection (g), and shall recertify such business as having met such requirements every three years thereafter.
History: L. 1953, ch. 375, § 40; L. 1978, ch. 337, § 12; L. 1986, ch. 328, § 1; L. 1990, ch. 319, § 14; L. 2003, ch. 114, § 4; L. 2012, ch. 153, § 6; L. 2013, ch. 133, § 28; L. 2014, ch. 129, § 6; L. 2017, ch. 65, § 1; L. 2022, ch. 75, § 12; L. 2024, ch. 84, § 47; L. 2024, ch. 104, § 8; L. 2025, ch. 97, § 13; July 1.
To the extent permitted by federal law and regulations whenever the state of Kansas or any agency, department, bureau or division thereof or any municipality of the state including, but not limited to, county, school district, improvement district or other public body lets bids for contracts for the erection, construction, alteration or repair of any public building or structure or any addition thereto or for any public work or improvement or for any purchases of any goods, merchandise, materials, supplies or equipment of any kind, the contractor domiciled outside the state of Kansas, to be successful, shall submit a bid the same percent less than the lowest bid submitted by a responsible Kansas contractor as would be required of such Kansas domiciled contractor to succeed over the bidding contractor domiciled outside Kansas on a like contract let in such contractor's domiciliary state.
History: L. 1972, ch. 336, § 1; L. 1984, ch. 326, § 1; July 1.
(a) As used in this section:
(1) "Newsprint," "printing paper" and "writing paper" have the meanings provided by 40 C.F.R. 250.4 (53 Fed. Reg. 23562-23563).
(2) "Waste paper" means waste paper, as defined by 40 C.F.R. 250.4 (53 Fed. Reg. 23562-23563), containing not less than 10% postconsumer material by weight.
(b) Subject to the provisions of subsection (c), the state shall spend on newsprint or high grade bleached printing or writing paper containing not less than 50% waste paper by weight, if sufficient amounts of such paper are available:
(1) For the fiscal years beginning July 1, 1991, and July 1, 1992, an amount equal to not less than 10% of the total dollar amount of newsprint and high grade bleached printing and writing paper purchased by the state during the immediately preceding fiscal year;
(2) for the fiscal year beginning July 1, 1993, an amount equal to not less than 15% of the total dollar amount of newsprint and high grade bleached printing and writing paper purchased by the state during the immediately preceding fiscal year;
(3) for the fiscal year beginning July 1, 1994, an amount equal to not less than 20% of the total dollar amount of newsprint and high grade bleached printing and writing paper purchased by the state during the immediately preceding fiscal year; and
(4) for fiscal years beginning on and after July 1, 1995, an amount equal to not less than 25% of the total dollar amount of newsprint and high grade bleached printing and writing paper purchased by the state during the immediately preceding fiscal year.
(c) In determining the lowest responsible bidder for any purchase of newsprint or high grade bleached printing or writing paper, the director of purchases of the department of administration, or any other state officer or employee authorized to make purchases directly for a state agency, shall give the following price preferences to any bidder whose bid is for newsprint or high grade bleached printing or writing paper containing not less than 50% waste paper by weight unless the requirements of subsection (b) have been met:
(1) For the fiscal years beginning July 1, 1991, and July 1, 1992, 20%;
(2) for the fiscal year beginning July 1, 1993, 15%;
(3) for the fiscal year beginning July 1, 1994, 10%; and
(4) for fiscal years beginning on and after July 1, 1995, 5%.
(d) The director of accounts and reports and the director of purchases of the department of administration, and any other state officer or employee authorized to make purchases directly for a state agency, shall cooperate to implement the provisions of this section.
(e) Annually, on or before the first day of the regular legislative session, the director of the division of purchases of the department of administration shall submit to the legislature a report on progress in implementing the provisions of this section.
History: L. 1990, ch. 319, § 12; July 1.
The director of purchases of the department of administration shall review all state procurement practices and specifications and modify any such practices or specifications so as to eliminate any discrimination against purchases of products made from recycled materials.
History: L. 1990, ch. 319, § 13; July 1.
History: L. 1953, ch. 375, § 40; L. 1978, ch. 337, § 12; L. 1986, ch. 328, § 1; L. 1990, ch. 319, § 14; L. 2003, ch. 114, § 4; L. 2012, ch. 163, § 7; Repealed, L. 2013, ch. 133, § 37; July 1.
As used in K.S.A. 75-3740e and 75-3740f, and amendments thereto:
(a) "Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with persons or entities doing business in Israel or in territories controlled by Israel, if those actions are taken either:
(1) In compliance with or adherence to calls for a boycott of Israel other than those boycotts to which 50 U.S.C. § 4607(c) applies; or
(2) in a manner that discriminates on the basis of nationality, national origin or religion, and that is not based on a valid business reason;
(b) "company" means an organization, association, corporation, partnership, venture or other entity, its subsidiary or affiliate, that exists for profitmaking purposes or to otherwise secure economic advantage;
(c) "contract" means a written agreement between the state and a company to acquire or dispose of goods or services with an aggregate price of more than $100,000. "Contract" does not mean a written agreement between the state and an individual to acquire or dispose of goods or services, including employment or consultant services; and
(d) "state" means this state or an agency, board, commission or department of this state.
History: L. 2017, ch. 97, § 1; L. 2018, ch. 60, § 2; July 1.
(a) Except as provided in subsection (c), the state shall not enter into a contract with a company, unless such company submits a written certification that such company is not currently engaged in a boycott of goods or services from Israel that constitutes an integral part of business conducted or sought to be conducted with the state.
(b) The state may not adopt a procurement, investment or other policy that has the effect of inducing or requiring a person to boycott the government of Israel or its instrumentalities, or to boycott a person doing business in Israel or territories under its jurisdiction, when such boycott is on the basis of such person's location in such places.
(c) The secretary of administration will approve contracts, or may waive application of this section on any contract with any state agency if the secretary determines that compliance is not practicable.
History: L. 2017, ch. 97, § 2; L. 2018, ch. 60, § 3; July 1.
The purpose of K.S.A. 75-3740e and 75-3740f, and amendments thereto, is to declare that Israel is a prominent trading partner of the state of Kansas and that the state, and those companies that do business by and through the state, in the interest of the state's economic policy, should not boycott trade with Israel. Companies that refuse to deal with United States trade partners such as Israel make discriminatory decisions on the basis of national origin that impair those companies' commercial soundness. Israel is known for its dynamic and innovative approach in many business sectors, and a company's decision to discriminate against persons or entities doing business in Israel or in territories controlled by Israel is an unsound business practice making the company an unduly risky contracting partner. It is also the public policy of the United States, as enshrined in several federal acts, including 50 U.S.C. § 4607, to oppose such boycotts, and congress has concluded as a matter of national trade policy that cooperation with Israel materially benefits United States companies and improves American competitiveness.
History: L. 2018, ch. 60, § 1; July 1.
(a) In addition to the provisions of K.S.A. 75-3739, and amendments thereto, and any other applicable statutes concerning purchases, a governmental agency shall not purchase or acquire any drone or any related services, maintenance agreements or equipment, the critical components of which were:
(1) Produced in any country of concern; or
(2) produced or owned by any foreign principal.
(b) Any critical components for drones or any related services or equipment that were acquired prior to July 1, 2025, and that are not in compliance with subsection (a) may continue to be used by the governmental agency that acquired such critical components. When a governmental agency determines that a critical component must be replaced, the governmental agency may use any replacement component acquired prior to July 1, 2025, but no new replacement component shall be acquired from any foreign principal.
(c) Any acquisition that is otherwise prohibited under subsection (a) or (b) may be completed by a governmental agency if:
(1) There is no other reasonable means to acquire such critical components or of addressing the needs of the governmental agency necessitating such acquisition;
(2) the agreement for such acquisition is approved by the secretary of administration after consultation with the adjutant general; and
(3) failure to acquire such critical components or otherwise address the needs of the governmental agency would pose a greater threat to the safety and security of this state than that posed by entering into such acquisition agreement.
(d) The provisions of this section shall not apply to any contract or agreement entered into prior to July 1, 2025.
History: L. 2025, ch. 68, § 12; July 1.
As used in K.S.A. 2025 Supp. 75-3740h, and amendments thereto:
(a) "Company" means any:
(1) For-profit corporation, partnership, limited partnership, limited liability partnership, limited liability company, joint venture, trust, association, sole proprietorship or other organization, including any:
(A) Subsidiary of such company, a majority ownership interest of which is held by such company;
(B) parent company that holds a majority ownership interest of such company;
(C) other affiliate or business association of such company whose primary purpose is to make a profit; and
(D) representative agent of such company; or
(2) nonprofit organization.
(b) (1) "Country of concern" means the following:
(A) People's republic of China, including the Hong Kong special administrative region;
(B) republic of Cuba;
(C) islamic republic of Iran;
(D) democratic people's republic of Korea;
(E) Russian federation; and
(F) Bolivarian republic of Venezuela.
(2) "Country of concern" does not include the republic of China (Taiwan).
(c) (1) "Critical component" means those components or subcomponents that are:
(A) Distinct and serviceable articles; and
(B) the primary component or subcomponent of an identifiable process or subprocess necessary to the recording, storing or transmitting of data or any other form of information.
(2) "Critical component" includes any software installed in a drone or in any device or network device used in support of the operations of a drone.
(d) "Domicile" means the country where a:
(1) Company is organized;
(2) company completes a substantial portion of its business; or
(3) majority of a company's ownership interest is held.
(e) "Drone" means an unmanned aircraft that is controlled remotely by a human operator or operates autonomously through computer software or other programming.
(f) "Foreign principal" means:
(1) The government or any official of the government of a country of concern;
(2) any political party, subdivision thereof or any member of a political party of a country of concern;
(3) any corporation, partnership, association, organization or other combination of persons organized under the laws of or having its principal place of business in a country of concern. "Foreign principal" includes any subsidiary owned or wholly controlled by any such entity;
(4) any agent of or any entity otherwise under the control of a country of concern;
(5) any individual whose residence is in a country of concern and who is not a citizen or lawful permanent resident of the United States; or
(6) any individual, entity or combination thereof described in paragraphs (1) through (5) that has a controlling interest in any company formed for the purpose of manufacturing, distributing, transporting or selling critical components for drones and related services and equipment.
(g) "Governmental agency" means the state or any political or taxing subdivision of the state or any office, agency or instrumentality thereof.
History: L. 2025, ch. 68, § 13; July 1.
(a) Subject to the applicable provisions of K.S.A. 75-3739 and 75-3740, and amendments thereto, all contracts for the construction of buildings or for major repairs or improvements to buildings which are specifically authorized by the legislature for the use and benefit of any state agency shall be let by the director of purchases to the lowest responsible bidder based on plans and specifications prepared for the project and approved by the secretary of administration and administrative head of the state agency concerned.
(b) (1) Prior to the preparation of contract documents for a project for the construction of a building or for major repairs or improvements to a building under this section, it shall be determined in accordance with this paragraph (1) of subsection (b) if plans and specifications will be prepared and bids let for the project as a whole or if plans and specifications will be prepared and bids let independently for: (A) Electrical work portions of the project; (B) mechanical work portions of the project; and (C) all other work required for completion of the project. If the total cost of the project is expected to exceed $250,000, the secretary of administration, with the advice of the project architect and the negotiating committee convened for the project under K.S.A. 75-1253, and amendments thereto, shall determine if plans and specifications will be prepared and bids let for the project as a whole or for each of the three specified portions of the project independently. If the total cost of the project is not expected to exceed $250,000 but a project architect will provide the architectural services for the project, the secretary of administration, with the advice of the project architect, shall determine if plans and specifications will be prepared and bids let for the project as a whole or for each of the three specified portions of the project independently. Whenever the architectural services for any project are provided by the state under K.S.A. 75-1254, and amendments thereto, the secretary of administration shall determine if plans and specifications will be prepared and bids let for the project as a whole or for each of the three specified portions of the project independently.
(2) Upon any project for which plans and specifications will be prepared and bids let for the project as a whole the general contractor shall submit with the bid the names and addresses of subcontractors in accordance with this paragraph (2) of subsection (b). The general contractor shall submit the name and address of the electrical subcontractor for the electrical work portions of the project and the name and address of the mechanical subcontractor for the mechanical work portions of the project, if the general contractor will be subcontracting for such work. If there are project alternates listed in the bid documents and the general contractor's choice of subcontractors is dependent upon the combination of project alternates the state chooses, the general contractor shall submit for each combination of project alternates under which any subcontractor would change from the one named in the base bid, at the time such contractor submits such bid: (A) The name and address of the electrical subcontractor, if the general contractor will be subcontracting for the electrical work portions thereunder; and (B) the name and address of the mechanical subcontractor, if the general contractor will be subcontracting for the mechanical work portions thereunder. All changes and substitutions in listed subcontractors shall be subject to approval of the secretary of administration.
(3) Upon any project for which plans and specifications will be prepared and bids let independently for each of the three specified portions of the work for the project, the contractor for one of the three specified portions of the project shall be designated as the prime contractor for the project in accordance with this paragraph (3) of subsection (b). If the total cost of the project is expected to exceed $250,000, the secretary of administration, with the advice of the project architect and the negotiating committee convened for the project under K.S.A. 75-1253, and amendments thereto, shall designate the prime contractor for the project. If the total cost of the project is not expected to exceed $250,000 but a project architect will provide the architectural services for the project, the secretary of administration, with the advice of the project architect, will designate the prime contractor for the project. Whenever the architectural services for any project are provided by the state under K.S.A. 75-1254, and amendments thereto, the secretary of administration shall designate the prime contractor for the project. The prime contractor shall be responsible for coordinating all work upon the project, and all other contractors and subcontractors shall provide work for the project in accordance with the direction of the prime contractor. In each case where a contractor or subcontractor for the project delays the work on the project or incorporates materials or work of unsatisfactory quality into the project, the prime contractor shall notify the secretary of administration, the project architect, the state agency concerned and such contractor or subcontractor of such delay or unsatisfactory materials or work.
(4) The secretary of administration shall adopt, with the advice of the state building advisory commission, a standard contract for use in connection with projects upon which bids are let for the project as a whole and a separate standard contract for each of the portions of a project for which bids are let independently. No such standard contract adopted by the secretary of administration shall contain any provisions authorizing arbitration of any matters thereunder.
(5) The secretary of administration may adopt rules and regulations necessary for the implementation and administration of the provisions of this subsection (b).
(c) The project architect performing construction administration services as described in K.S.A. 75-1260, and amendments thereto, or, if there is no project architect, the secretary of administration or the agency architect for the project as provided in K.S.A. 75-1254, shall have charge of the construction of all buildings and the major repairs or improvements to buildings for state agencies. The original construction contracts for such projects shall be changed only by written change order signed by the director of architectural services with the approval of the secretary of administration and upon the recommendation of: (1) The project architect or, if there is no project architect, at the direction of the secretary of administration or the agency architect for the project as provided in K.S.A. 75-1254, and amendments thereto; (2) the state agency for which the building construction project has been approved; and (3) the director of accounts and reports. In each case where a change order is competitively bid, the change order shall also be signed by the director of purchases.
(d) If the director of purchases believes there is collusion and combination involved in any bids received for any contract for the construction of a building or for major repairs or improvements to a building for the use and benefit of a state agency, the director of purchases shall reject any and all such bids and shall solicit new bids for the contract. If after receiving new bids the director of purchases believes there is again collusion and combination and that such collusion and combination would not be avoided by again soliciting new bids, the director of purchases shall let the contract by direct negotiation, except that: (1) The cost thereof shall not exceed the lowest responsible bid that had been offered; and (2) such contract shall not be negotiated or entered into with any bidder believed by the director of purchases to have been involved to any degree in such collusion and combination.
(e) In the event of a disagreement between the project architect, the secretary of administration or the agency architect for the project as provided in K.S.A. 75-1254, and amendments thereto, and the administrative head of the state agency for which the project is to be completed, as to the administration of the provisions of this section, the secretary of administration shall submit the matter to the governor and the decision of the governor shall be final.
(f) The provisions of this section shall not be construed to prohibit the administrative head of any state agency from making any improvement or improvements when the same can be made by institutional labor or the use of material manufactured in any state institution.
History: L. 1953, ch. 375, § 41; L. 1978, ch. 337, § 13; L. 1979, ch. 280, § 3; L. 1981, ch. 343, § 4; L. 1983, ch. 291, § 1; July 1.
Each change order to a contract entered into under K.S.A. 75-3741, and amendments thereto, shall be related to an item or a matter that was included within the original program statement which was prepared and submitted with the capital improvement budget estimate for the project under K.S.A. 75-3717b. Each such change order may be negotiated with a contractor performing work under the original contract for the project unless the secretary of administration requires such change order to be let by competitive bids as a separate contract under K.S.A. 75-3739, and amendments thereto.
History: L. 1981, ch. 343, § 3; July 1.
(a) In the discretion of the secretary of administration, contracts for the construction, repair or improvement of state buildings or facilities in the amount of $10,000 or less, may be entered into by negotiation in the manner prescribed by this section. In such cases, after the secretary of administration has solicited proposals from at least three firms for such construction, repair or improvement a contract may be negotiated therefor with one such firm. Such contracts shall not be subject to the competitive bid requirements of K.S.A. 75-3739 to 75-3741, inclusive, and amendments thereto.
(b) The secretary of administration shall report any such negotiated contract to the joint committee on state building construction.
(c) No contract entered into under this section by a state agency shall be binding on the state agency until sufficient moneys have been encumbered therefor on the records of the division of accounts and reports.
History: L. 1983, ch. 271, § 1; July 1.
(a) No state capital improvement project for the construction, reconstruction, remodeling, improvement, repair or maintenance of any building or facility for use by one or more state agencies, shall be subject to any building permit requirement or building code of any county, township, district, city or other political subdivision of this state or fees charged therefor. No project shall be subject to any inspection requirement or any requirement to obtain any permit, license or other instrument of approval for the project which is imposed by any city, township, district, city or other political subdivision of this state, except that such project shall be subject to reasonable inspections for the sole purpose of allowing members of the police and fire departments and other public emergency services personnel to become familiar with the project. As used in this section "building code" means any building code and includes any plumbing code, electrical wiring code, gas piping code or similar code. This act shall apply to all capital improvement projects in existence prior to the effective date of this act and to those commenced on or after the effective date.
(b) Notwithstanding the provisions of subsection (a), the secretary of administration, with the concurrence of the state agency that owns the property, may request that the city, township, county or other political subdivision in which a state capital improvement project is located provide code review or inspection services required by this section or K.S.A. 75-1262, and amendments thereto. The city, township, county or other political subdivision shall be compensated for such services from funds appropriated for the project or available therefor. The amount of such compensation shall be based on the fee schedule established by the city, county, township or other political subdivisions.
(c) State capital improvement projects shall be exempt from the payment of fees relating to local zoning ordinances and resolutions, but the state shall reimburse a political subdivision for any related publication expenses incurred by the political subdivision.
History: L. 1983, ch. 270, § 1; L. 2003, ch. 92, § 2; April 24.
The secretary of administration may assist in all matters relating to the preparation of written program statements for prospective buildings and for major repairs and improvements to buildings for state agencies and for which legislative appropriations are to be requested, as well as for such buildings, major repairs and improvements which have been authorized by the legislature.
History: L. 1953, ch. 375, § 42; L. 1978, ch. 337, § 14; L. 1979, ch. 280, § 4; May 17.
Whenever the secretary of administration or any division head of the department of administration shall so require, certain specified contracts and leases of any state agency shall be approved as to form or execution by the attorney general. All orders or requisitions for supplies, materials and equipment shall be made on forms prescribed by the director of accounts and reports, unless a purchase order is required for each payment against a contract.
History: L. 1953, ch. 375, § 43; L. 1972, ch. 332, § 80; L. 2018, ch. 91, § 3; July 1.
Except as otherwise provided in this act and rules and regulations adopted thereunder:
(a) Every contract subject to the approval of the attorney general shall be signed by the administrative head of the affected state agency. No such contract shall be valid or effective without the approval and signature of the director of purchases.
(b) All other purchase orders and contracts issued or entered into by the division of purchases shall be signed by the director of purchases. Such purchase orders shall show on their face that an appropriation fund or allotment has been encumbered for the full amount of the liability.
History: L. 1953, ch. 375, § 44; L. 1972, ch. 332, § 81; L. 1973, ch. 356, § 1; L. 2018, ch. 91, § 4; July 1.
(a) As used in this section, "motor-vehicle fuels" has the meaning provided by K.S.A. 79-3401, and amendments thereto.
(b) All bulk motor-vehicle fuels purchased by any state agency, as defined in K.S.A. 75-3701, and amendments thereto, in each fiscal year for use in state-owned motor vehicles shall be motor-vehicle fuels blends containing at least 10% ethanol. No state agency shall spend more than ten cents per gallon more on fuel blends containing at least 10% ethanol than the current price per gallon of regular fuel on bulk motor vehicle fuel purchases.
(c) Where available under current state purchasing agreements, individual motor-vehicle fuel purchases for state-owned motor vehicles shall be of motor-vehicle fuels blends containing at least 10% ethanol. Individual motor vehicle fuel purchases for state-owned motor vehicles shall not be more than 10 cents per gallon more on fuel blends containing at least 10% ethanol than the current price per gallon of regular fuel.
(d) Where available, and as long as the price is no greater than 10 cents more per gallon than the price of diesel fuel, a 2% or higher blend of biodiesel must be purchased for use in state-owned diesel powered vehicles and equipment.
History: L. 2003, ch. 68, § 2; July 1.
History: L. 1953, ch. 375, § 45; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1972, ch. 332, §§ 9, 10; Repealed, L. 1978, ch. 345, § 17; July 1.
There is hereby established, within and as a part of the department of administration, a division of personnel services, the head of which shall be the director of personnel services. Under the supervision of the secretary of administration, the director of personnel services shall administer the division of personnel services. The director of personnel services and the assistant director of personnel services shall be in the unclassified service of the Kansas civil service act and shall be appointed by the secretary of administration.
History: L. 1978, ch. 345, § 1; July 1.
(a) All of the powers, duties, functions, property and records of the existing division of personnel and the existing director of personnel are hereby transferred to and conferred and imposed, respectively, upon the division of personnel services and the director of personnel services created by this act, except as is herein otherwise provided.
(b) The division of personnel services and the director of personnel services created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the division of personnel and director of personnel in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed under the authority of the division of personnel services or director of personnel services created by this act, respectively, shall be deemed to have the same force and effect as if performed by the division of personnel or director of personnel, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the division of personnel, 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 division of personnel services created by this act.
(d) Whenever the director of personnel, 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 personnel services created by this act.
(e) All orders and directives of the director of personnel or division of personnel 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 personnel services created by this act, until revised, amended, revoked or nullified pursuant to law.
(f) The division of personnel services and director of personnel services created by this act, respectively, shall be continuations of the division of personnel created by K.S.A. 1978 Supp. 75-3745a and the director of personnel provided to be appointed under K.S.A. 1978 Supp. 75-3745a.
History: L. 1978, ch. 345, § 2; July 1.
No suit, action, or other proceedings, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the secretary of administration or the division of personnel of the department of administration or by or against any employee of the division of personnel of the department of administration in the official capacity of such employee or in relation to the discharge of the official duties of such employee shall abate by reason of the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the secretary of administration or the successor of the division of personnel of the department of administration or any officer affected.
History: L. 1978, ch. 345, § 3; July 1.
On July 1, 1978, all officers and employees who were engaged immediately prior to such date in the performance of powers, duties and functions of the division of personnel of the department of administration and who, in the opinion of the secretary of administration, are necessary to perform the powers, duties and functions transferred to the division of personnel services and to the director of personnel services under this act shall become officers and employees of the division of personnel services of the department of administration. 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, 1978, and the services of each such officer or employee so transferred shall be deemed to have been continuous. All transfers and any abolishments 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.
History: L. 1978, ch. 345, § 4; July 1.
(a) 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 abolishment or transfer 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.
(b) When 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. 1978, ch. 345, § 5; July 1.
On July 1, 1978, 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 division of personnel of the department of administration, or the powers, duties and functions transferred to the division of personnel services of the department of administration by this act, shall be assumed and paid by the department of administration.
History: L. 1978, ch. 345, § 6; July 1.
The director of personnel services shall:
(a) Require the development of effective personnel administration within all agencies in the state and make available the facilities of the division of personnel services to this end.
(b) Keep in the office of the division of personnel services an official roster of the state civil service showing the employment history of each and every person who has been appointed to, employed, promoted, reduced or reinstated in any position in such service. The director of personnel services shall have access to all public records and papers, the examination of which will aid in the discharge of the director's duty in connection with this roster.
(c) Prepare, in accordance with the provisions of the Kansas civil service act and rules and regulations adopted thereunder as provided in K.S.A. 75-3706 and amendments thereto, examinations, eligible lists and ratings of candidates for appointment.
(d) Make certification for appointment within the classified service, in accordance with the provisions of the Kansas civil service act.
(e) Make investigations concerning all matters touching the enforcement and effect of the provisions of the Kansas civil service act and rules and regulations adopted thereunder as provided in K.S.A. 75-3706 and amendments thereto.
(f) Make an annual report to the secretary of administration, the legislature and the governor regarding the activities of the division.
(g) Attend or designate a representative to attend all meetings of the state civil service board.
(h) Prepare and recommend to the secretary of administration rules and regulations suitable for adoption as provided in K.S.A. 75-3706 and amendments thereto for the purpose of carrying out the provisions of the Kansas civil service act. Such rules and regulations shall provide, among other things, for current records of efficiency for methods of regular distribution of communication materials; the manner of completing appointments and promotions; the rejection of eligible candidates; competitive examinations; creation of eligible lists with successful candidates ranked according to their rating in the examinations; leave of absence with and without pay; transfers, reinstatements, layoffs, vacations and public notice of examinations; procedure for changes in rates of pay; hours of work and other conditions of employment; the establishment of programs, including trainee programs, designed to attract and utilize persons with limited qualifications, but with potential for development, in order to provide career development opportunities; establishment of a plan for resolving employee grievances and complaints; development and operation of programs to improve work effectiveness, including orientation, on-the-job training, supervisory training, managerial development, safety, fringe benefit counseling and employee relations; and the establishment of policies regarding manpower allocation and control.
(i) Conduct regular planned assistance visits from the division of personnel services to review personnel practices of agencies and identify agency needs.
(j) Administer the Kansas civil service act.
History: L. 1953, ch. 375, § 46; L. 1972, ch. 332, § 82; L. 1978, ch. 345, § 14; L. 1985, ch. 276, § 9; July 1.
(a) The secretary of administration shall:
(1) As provided in K.S.A. 75-3706, and amendments thereto, adopt, modify and adopt or reject rules and regulations prepared and recommended by the director of personnel services for carrying out the purposes of this act and the Kansas civil service act;
(2) perform all powers and duties prescribed by law with respect to civil service and personnel administration. On June 5, 2015, through sine die adjournment of the 2015 regular legislative session, for the purposes of civil service and personnel administration relating to state officers or employees being furloughed, every state officer or employee shall be considered an essential officer or employee;
(3) adopt, as provided in K.S.A. 75-3706, and amendments thereto, special rules and regulations or exceptions to general rules and regulations for those agencies listed in K.S.A. 75-2934, and amendments thereto, to insure compliance with federal laws and regulations;
(4) when the services of the division of personnel services and the state civil service board are required, enter into agreements with the state adjutant general whereby the cost incurred in connection with the assignment of positions to classes and with the examination, selection, promotion, transfer, discipline or hearing of appeals of employees in county, city and interjurisdictional disaster agencies and in the division of emergency management under the jurisdiction of the adjutant general shall be paid in whole or in part from moneys granted by the federal government for the administration of state laws and state plans administered by the adjutant general; and
(5) when necessary to facilitate activities relating to civil service and personnel administration, enter into contracts with other state agencies for such purposes.
(b) The adjutant general may enter into the agreements described in subsection (a)(5) with the secretary of administration. All moneys paid under such agreements or from other sources 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) The secretary of administration may:
(1) Perform duties and functions provided in the Kansas civil service act;
(2) make investigations either at the request of the governor, or upon petition of a citizen for just cause, or of its own motion, concerning the enforcement and effect of the Kansas civil service act; and
(3) make the services and facilities of the division of personnel services and its staff available upon request, subject to rules and regulations adopted as provided in K.S.A. 75-3706, and amendments thereto, to political subdivisions of the state.
(d) In making available the service and facilities prescribed in subsection (c)(3), it shall be understood that requirements for the enforcement and administration of the provisions of this act shall be given precedence and that the political subdivisions shall reimburse the state for the reasonable cost of such services and facilities, and such reimbursement moneys 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. 1953, ch. 375, § 47; L. 1961, ch. 419, § 1; L. 1972, ch. 332, § 83; L. 1975, ch. 462, § 120; L. 1976, ch. 389, § 1; L. 1978, ch. 345, § 15; L. 1983, ch. 292, § 1; L. 1985, ch. 276, § 10; L. 1994, ch. 248, § 29; L. 2001, ch. 5, § 386; L. 2015, ch. 86, § 1; June 6.
History: L. 1953, ch. 375, § 48; Repealed, L. 1972, ch. 332, § 97; July 1.
On July 1, 1953, all of the powers, duties, authority and jurisdiction now exercised and imposed by law upon the state department of civil service as to the old-age and survivors insurance for public employees under sections 40-2302 to 40-2309, both sections inclusive, of the General Statutes Supplement of 1951 are hereby transferred to and imposed upon the controller under the supervision of the executive director of the state department of administration, subject to the approval of the state finance council of any rules and regulations established or promulgated thereunder in the manner as required under K.S.A. 75-3706.
History: L. 1953, ch. 375, § 49; July 1.
History: L. 1953, ch. 375, § 54; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1953, ch. 375, § 56; L. 1961, ch. 311, § 6; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1953, ch. 375, § 76; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1953, ch. 375, §§ 72, 73; Repealed, L. 1974, ch. 364, § 40; January 13, 1975.
History: L. 1953, ch. 375, §§ 74, 75; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1957, ch. 458, §§ 1 to 3; Repealed, L. 1972, ch. 332, § 97; July 1.
Revisor's Note: Section transferred to 75-4502.
Revisor's Note: Later act, see 75-1202a.
History: L. 1965, ch. 461, § 6; Repealed, L. 1972, ch. 332, § 97; July 1.
Subject to K.S.A. 75-3763, 75-3764 and 75-3765, and amendments thereto, and other related provisions of this act, the secretary of administration shall have the charge, care, management and control of the statehouse, the state office building, the Kansas technical institute (being real estate owned by the state of Kansas in Shawnee county by virtue of deeds dating October 18, 1910, October 18, 1923, and September 19, 1923, respectively, shown and recorded in book 34 at page 65, book 500 at page 18, and book 500 at page 133 in the office of the register of deeds of Shawnee county, Kansas), the office building at 801 Harrison, Topeka, Shawnee county, Kansas, the memorial hall, the governor's mansion, and any and all grounds, walks, parks, gardens, statuary, and auxiliary buildings pertaining to or used in connection with any of such buildings; and further, any and all other buildings or grounds now or hereafter owned or to be owned by the state in Shawnee county, the custody of which buildings or grounds is not assigned by law to some other state agency.
History: L. 1965, ch. 461, § 7; L. 1971, ch. 184, § 35; L. 1978, ch. 330, § 31; July 1.
The secretary of administration shall be responsible for the maintenance, repair and upkeep of any buildings, the charge, care, management and control of which is conferred by law upon the secretary. Notwithstanding the foregoing provisions of this section, maintenance, repair and upkeep including changes and improvements in space and facilities in the state capitol building assigned to the legislature and staff offices, departments and agencies thereof shall be accomplished and conducted in accordance with instructions or approval of the legislative coordinating council.
History: L. 1965, ch. 461, § 8; L. 1967, ch. 434, § 61; L. 1971, ch. 184, § 36; L. 1978, ch. 330, § 32; July 1.
Subject to K.S.A. 75-3763 and 75-3765, and amendments thereto, and related provisions of this act, the secretary of administration shall attend to the cleaning, repair, alteration and beautification of all buildings assigned by law to the charge, care, management and control of the secretary, and may enter into necessary contracts and authorize necessary expenditures therefor, such contracts and expenditures to be made in the manner provided by law for other state agencies.
History: L. 1965, ch. 461, § 9; L. 1971, ch. 184, § 37; L. 1978, ch. 330, § 33; July 1.
History: L. 1975, ch. 421, § 1; Repealed, L. 1978, ch. 358, § 1; July 1.
History: L. 1976, ch. 355, § 1; L. 1978, ch. 330, § 34; Repealed, L. 1979, ch. 292, § 2; July 1.
Revisor's Note: For later act, see 75-2249.
History: L. 1979, ch. 292, § 1; Repealed, L. 1984, ch. 327, § 2; May 31.
(a) (1) The secretary of administration shall assign space and facilities in all state-owned or operated property or buildings in Shawnee county, Kansas, except the state capitol, Topeka correctional facility, the Kansas neurological institute, the Topeka juvenile correctional facility, the Kansas juvenile correctional complex, the employment security administrative office building, 401 Topeka avenue, Kansas state employment service building, 1309 Topeka avenue, state highway shops and laboratory and property of the Kansas national guard for the use of the various state agencies. The secretary may determine, fix and establish a system of rental charges by the square foot and collect the same monthly for space and facilities occupied by each state agency whenever any appropriation for rental for space and facilities is made therefor, in an amount not to exceed the amount appropriated.
(2) The secretary of administration may assign space and facilities, establish a system of rental charges and collect rents for property and buildings owned or controlled by the department of administration in other parts of the state.
(3) The amounts collected under paragraphs (1) and (2) shall be remitted by the secretary of administration 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 buildings operating fund or other funds of the department of administration as prescribed by the secretary of administration.
(4) On or before December 31 of each year, the secretary of administration shall present a report to the joint committee on state building construction concerning any actions taken by the secretary pursuant to authority granted to the secretary under this subsection. The report shall describe the action taken and the statutory authority authorizing such action.
(b) The secretary of administration shall require five-year building space utilization plans from all state agencies and develop a database of all state-owned or leased building and storage space. This database shall serve as the central repository of state-owned or leased building and storage space information. All changes made in the ownership or leasing status of all building space utilized by state agencies shall be reported to the secretary of administration and entered into this database. The database shall include the actual and budgeted amount of money paid by state agencies for building and storage space. The database may include any other information related to the building space needs of the state as determined to be necessary by the secretary of administration.
All state agencies shall cooperate with requests for information concerning building space and storage space made by the secretary of administration or the secretary of administration's designee.
On or before December 31 of each year, the secretary of administration shall present a report of state-owned or leased building and storage space information to the joint committee on state building construction and shall provide notice at the same time to the secretary of the senate and to the chief clerk of the house of representatives that such report is available to members of the legislature.
(c) As used in this section, "state agencies" also shall include any quasi-state agency.
History: L. 1965, ch. 461, § 10; L. 1971, ch. 184, § 38; L. 1972, ch. 331, § 1; L. 1978, ch. 330, § 35; L. 1990, ch. 309, § 40; L. 1991, ch. 260, § 6; L. 1994, ch. 274, § 19; L. 1996, ch. 229, § 128; L. 1999, ch. 142, § 5; L. 2001, ch. 5, § 387; L. 2003, ch. 72, § 5; July 1.
Assignment of space and facilities in the state capitol building shall be made by a vote of five of the members of the legislative coordinating council. Except as otherwise provided by this section, space and facilities in the state capitol building shall be permanently assigned only to the governor, lieutenant governor and the legislature and staff offices, departments and agencies thereof. The rooms designated as 240-N and 241-N in the state capitol building shall be used by the secretary of state and other state officials for ceremonial and other purposes subject to scheduling and approval by the director of legislative administrative services in accordance with policies of the legislative coordinating council. Except as otherwise provided by this section, space and facilities in the state capitol building occupied on the effective date of this act by the secretary of state, department of administration, state library and agencies, offices and departments thereof are temporarily assigned in accordance with such occupancy, but such occupancies shall be modified in accordance with this section from time to time as other offices and facilities become available. The secretary of administration shall provide offices and facilities outside of the state capitol building at the earliest practicable time for occupants of the state capitol building other than the foregoing permanent and temporary assignments.
History: L. 1972, ch. 331, § 3; L. 1978, ch. 330, § 36; L. 1998, ch. 172, § 1; July 1.
(a) On and after the effective date of this act, all leases for office space in nonstate-owned buildings and facilities for state officers and employees shall be negotiated and entered into by the secretary of administration, or the secretary's designee, in accordance with this section and the policies and procedures adopted thereunder. The secretary of administration shall plan and coordinate the leasing of office space in nonstate-owned buildings and facilities for state officers and employees of all state agencies. The head of each state agency shall provide information to and cooperate with the secretary of administration for the purposes of implementing and administering this section and the policies and procedures prescribed by the secretary of administration.
(b) The secretary of administration shall develop and adopt policies and procedures for centralizing the function of leasing of office space in nonstate-owned buildings and facilities for state officers and employees of all state agencies. After June 30, 2000, each existing lease of office space for state officers and employees in nonstate-owned buildings and facilities may be renewed or extended only upon approval by the secretary of administration and in accordance with policies and procedures prescribed by the secretary.
(c) The secretary of administration may delegate authority to any state agency to negotiate and enter into leases for office space in nonstate-owned buildings and facilities for state officers and employees of the state agency, including renewals or extensions of existing leases, under conditions and procedures prescribed by the secretary in accordance with this section.
(d) No lease of office space for state officers and employees in nonstate-owned buildings or facilities, which is for the lease of more than 10,000 net assignable square feet or for a term longer than 24 months, shall be entered into or approved by the secretary of administration unless the secretary of administration has first advised and consulted with the joint committee on state building construction.
(e) The secretary of administration is hereby authorized to fix, charge and collect a lease negotiation service fee to recover the costs incurred by the department in providing lease negotiation services under this section. Such fee shall be paid in annual installments over the term of such lease. Such fees shall be deposited in the state treasury and credited to the state buildings operating fund.
(f) Nothing in this section shall be construed as requiring the renegotiation of the terms of any lease in existence on July 1, 2000. At the request of an agency, the secretary may renegotiate a lease in existence on July 1, 2000.
History: L. 2000, ch. 144, § 22; May 25.
Any state agency assigned office space in the state office building by the secretary of administration is hereby authorized to enter into agreements with the secretary of administration for the use and occupancy of such space, such rental to be paid by such state agency from any available funds or moneys authorized to be spent by such state agency.
History: L. 1965, ch. 461, § 11; L. 1978, ch. 330, § 37; July 1.
History: L. 1965, ch. 461, § 16; Repealed, L. 1983, ch. 287, § 23; July 1.
Any rents or charges for the use of any parking facilities owned by the state shall be remitted by the secretary of administration 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 building and grounds fund created by K.S.A. 75-3765, and amendments thereto.
History: L. 1965, ch. 461, § 20; L. 1978, ch. 330, § 38; L. 2001, ch. 5, § 388; July 1.
History: L. 1965, ch. 461, § 23; L. 1971, ch. 184, § 39; Repealed, L. 1972, ch. 332, § 97; July 1.
Revisor's Note: Section transferred to 75-4507.
Revisor's Note: Section transferred to 75-4504.
History: L. 1965, ch. 461, § 26; L. 1971, ch. 184, § 40; Repealed, L. 1972, ch. 331, § 4; March 24.
The secretary of administration is authorized to enter into contracts for the furnishing of heat, lights, water, telephone service and all other utilities that may be required to render the buildings and grounds under the care and control of the secretary, fully serviceable to the state officers and agencies occupying them. To effectuate this section the secretary of administration may enter into contracts and agreements with any state agency or subdivision of government of this state, or with any private person, firm or corporation to provide for the furnishing of and payment for such utility services.
History: L. 1965, ch. 461, § 27; L. 1978, ch. 330, § 39; July 1.
History: L. 1965, ch. 461, § 28; Repealed, L. 1978, ch. 337, § 39; April 25.
History: L. 1965, ch. 461, § 29; Repealed, L. 1978, ch. 330, § 42; July 1.
(a) On July 1, 1978, except as otherwise specifically provided by law, all of the powers, duties and functions of the director of architectural services and the division of architectural services, which powers, duties and functions are disposed of by this act, shall be and are hereby transferred to and conferred and imposed as provided in this act upon the secretary of administration. Except as otherwise specifically provided by law, the secretary of administration shall be the successor in every way to the powers, duties and functions of the director of architectural services and the division of architectural services which are transferred, conferred and imposed as provided in this act and in which director and division the same were vested prior to July 1, 1978. For the purposes of the powers, duties and functions transferred to and conferred and imposed upon the secretary of administration under the provisions of this act, the secretary of administration shall be a continuation of the director of architectural services and the division of architectural services, and every act performed pursuant to such powers, duties and functions under the authority of the secretary of administration shall be deemed to have the same force and effect as if performed by the director of architectural services or the division of architectural services, in which such powers, duties and functions were vested prior to July 1, 1978.
(b) Except as otherwise specifically provided by law, on and after July 1, 1978, whenever the director of architectural services, or words of like effect, is referred to or designated by a statute, contract or other document and such reference or designation is to a power, duty or function which is transferred to and conferred and imposed upon the secretary of administration under the provisions of this act, such reference or designation shall be deemed to apply to the secretary of administration.
(c) Except as otherwise specifically provided by law, on and after July 1, 1978, whenever the division of architectural services, or words of like effect, is referred to or designated by a statute, contract or other document and such reference or designation is to a power, duty or function which is transferred to and conferred and imposed upon the secretary of administration under the provisions of this act, such reference or designation shall be deemed to apply to the secretary of administration.
(d) All rules and regulations and all orders and directives of the director of architectural services or the division of architectural services or the secretary of administration, respectively, in existence on July 1, 1978, which rules and regulations and orders and directives were duly adopted or issued under authority of any power, duty or function which is transferred to and conferred and imposed upon the secretary of administration under the provisions of this act, shall continue in force and effect and shall be deemed to be the duly adopted rules and regulations and duly issued orders and directives of the secretary of administration, until revised, amended, repealed or nullified pursuant to law.
History: L. 1978, ch. 330, § 1; July 1.
All officers and employees who were engaged immediately prior to July 1, 1978, in the performance of powers, duties and functions of the director of architectural services or the division of architectural services which are transferred to and conferred and imposed upon the secretary of administration under the provisions of this act, and who, in the opinion of the secretary of administration, are necessary to perform powers, duties and functions of the secretary of administration, shall become officers and employees of the secretary of administration. 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, 1978, and the service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers and any abolishment of positions 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. 1978, ch. 330, § 2; July 1.
(a) 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 abolishment or transfer 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.
(b) The secretary of administration 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 administration under the provisions of this act. Any conflict as to the proper disposition of such property or records arising under this section, and resulting from the transfer of the powers, duties and functions of the director of architectural services or the division of architectural services to the secretary of administration as provided in this act, shall be determined by the governor, whose decision shall be final.
History: L. 1978, ch. 330, § 3; July 1.
(a) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, pertaining to any power, duty or function which is transferred to and conferred and imposed upon the secretary of administration under the provisions of this act, by or against any state agency mentioned in this act, or by or against any officer of the state in his or her official capacity or in relation to the discharge of official duties, shall abate by reason of the taking effect of reorganization under the provisions of this act. The court shall 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. 1978, ch. 330, § 4; July 1.
(a) There is hereby created the state building advisory commission which shall be composed of seven members. The state building advisory commission shall be attached to and shall be a part of the department of administration. All budgeting, purchasing and related management functions shall be administered under the supervision and direction of the secretary of administration. The secretary of administration shall be a member and shall serve as chairperson of the state building advisory commission. The next membership position on the state building advisory commission shall be filled for alternating two-year terms by: (1) The dean of the college of architecture and design of Kansas state university of agriculture and applied science, or the head of the architecture program if such dean is not an architect, and (2) the dean of the school of architecture and urban design of the university of Kansas, or the head of the architecture program if such dean is not an architect. Such membership position shall be filled for the first two-year term by the person specified in (2) above. The five remaining members shall be appointed by the governor from among the members of the two political parties represented by the candidates for secretary of state who received the highest and second highest number of votes at the last general election preceding appointment at which a secretary of state was elected. At no time shall more than three of the five members appointed by the governor be members of the same political party at the time of appointment. At least one of the appointed members of the state building advisory commission shall be a member of a building trades union affiliated with the Kansas state federation of labor, A.F.L.-C.I.O. and at least one of such members shall be a member of an association of building construction contractors. The Kansas state federation of labor, A.F.L.-C.I.O. and each of the major associations of building construction contractors may submit to the governor a list containing the names of not less than three members of their respective organizations. In making appointments to the commission, the governor shall give consideration to the persons named in such lists.
(b) The first five gubernatorial appointees to the state building advisory commission shall serve terms as follows: One member shall be appointed for a term expiring on December 31, 1979; one member shall be appointed for a term expiring on December 31, 1980; one member shall be appointed for a term expiring on December 31, 1981; and two members shall be appointed for terms expiring on December 31, 1982.
(c) Upon the expiration of the term of each member appointed by the governor in accordance with this section, a succeeding member shall be appointed by the governor and shall hold office for a term of four years and until a successor is appointed and qualified. If a vacancy in the appointed membership of the state building advisory commission occurs before the expiration of the term of office, the vacancy shall be filled by appointment by the governor.
History: L. 1978, ch. 337, § 1; L. 1982, ch. 347, § 56; July 1.
Members of the state building advisory commission attending meetings of such commission or attending a subcommittee meeting thereof authorized by such commission, shall be paid compensation, subsistence allowance, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
History: L. 1978, ch. 337, § 2; April 25.
The state building advisory commission shall meet monthly on dates fixed by the commission. Special meetings may be held upon the call of the chairperson or upon the petition to the chairperson of four members of the commission. The date and place of all special meetings shall be designated in the call or petition. Four (4) members of such commission shall constitute a quorum for the transaction of business but a lesser number may adjourn any regular or specially called meeting to a definite time and place. Except as otherwise specifically provided by law, all actions of the state building advisory commission shall be taken by a majority of all members of the commission.
History: L. 1978, ch. 337, § 3; April 25.
(a) In addition to other powers and duties, and with the advice of the state building advisory commission, the secretary of administration shall:
(1) Collect and maintain current data on construction costs, including materials and labor, and the current and forecasted economic status and activity of the construction industry in the state;
(2) establish criteria and procedures to evaluate the qualifications and performance of contractors providing any architectural services, as defined in subsection (c) of K.S.A. 75-1251, and amendments thereto, engineering services, as defined in subsection (b) of K.S.A. 75-5802, and amendments thereto, and construction services for capital improvement projects for the construction of buildings or for major repairs or improvements to buildings for state agencies; and gather information on and evaluate the past and present performance of all such contractors on similar public and private projects;
(3) issue a written order, personally signed by the secretary, to the contractor stopping the progress of the work upon any project whenever the secretary determines that the work does not comply with contract documents; and
(4) develop and adopt standards, with the advice and assistance of the director of architectural services, for the inspection and acceptance of projects for the construction of buildings and major repairs and improvements to buildings for state agencies and for the qualifications of inspection personnel employed by state agencies.
(b) With the advice of the state building advisory commission, the secretary of administration may develop and adopt rules and regulations in accordance with the provisions of K.S.A. 77-415 et seq., and amendments thereto, establishing standards for planning, design and construction of buildings and major repairs and improvements to buildings for state agencies, which standards shall include energy conservation standards.
History: L. 1978, ch. 337, § 8; L. 1979, ch. 280, § 5; L. 1983, ch. 291, § 2; July 1.
The secretary of administration or state agency is hereby authorized to contract for ancillary technical services for any project for the construction of a building or for repairs or improvements to a building for a state agency which are not provided by any firm or state agency providing architectural services or engineering services for the project. Such ancillary technical services shall include but 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. Such contract shall not be subject to the provisions of K.S.A. 75-3739, and amendments thereto, or to the provisions of the acts contained in articles 54 or 58 of chapter 75 of the Kansas Statutes Annotated. Expenditures for such ancillary technical services shall be made from funds appropriated for the project or available therefor.
History: L. 1979, ch. 280, § 6; L. 2008, ch. 130, § 18; July 1.
(a) There is hereby created in the state treasury the construction defects recovery fund.
(b) All proceeds received by state agencies shall be deposited in the construction defects recovery fund. All expenditures from the construction defects recovery fund in excess of $25,000 for the purposes stated in paragraph (4) of this subsection shall be subject to the prior approval of the state finance council, 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. All other expenditures from the construction defects recovery fund shall be subject to the prior approval of the secretary of administration, and the secretary of administration shall report each such expenditure to the joint committee on state building construction. Where expenditures are made in support of litigation in which the state is involved, such expenditures also shall be subject to the prior approval of the attorney general. All expenditures shall be paid pursuant to vouchers of the director of accounts and reports approved by the director of architectural services and shall be for one or more of the following purposes:
(1) To identify the nature, extent and causes of defects in the design, construction or other work on capital improvements;
(2) to provide architectural, engineering or other technical services to determine methods for correcting or repairing such defects;
(3) to provide services in support of claims by the state or to defend claims against the state concerning state construction projects; or
(4) to correct or repair defects in buildings or facilities under the jurisdiction of state agencies, or to make other repairs or perform maintenance related to such defects.
(c) As used in this section, "proceeds" means money paid to the state of Kansas or any state agency for forfeited bid bonds, or by an insurer, or by a person or firm performing duties related to construction under a contract with a state agency, to compensate the state for errors, omissions or other construction, architectural or engineering related defects adversely affecting the state or a state agency.
History: L. 1982, ch. 337, § 1; L. 1984, ch. 328, § 1; L. 1987, ch. 344, § 1; L. 1989, ch. 261, § 2; April 18.
History: L. 1953, ch. 375, §§ 92 to 94; Repealed, L. 1974, ch. 364, § 40; January 13, 1975.
(1) Any person who shall violate any provision of this act shall, upon conviction of any such violation, be punished by a fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500) or by imprisonment of not to exceed six (6) months or by both such fine and imprisonment.
(2) Any officer or employee of any state agency convicted of violating any of the provisions of this act shall forfeit office and ouster proceedings shall be brought in the manner as prescribed in the code of civil procedure.
History: L. 1953, ch. 375, § 77; July 1.
The executive director of the department of administration of the state of Kansas is hereby authorized to sell in the manner hereinafter provided, all or a portion of the tract hereinafter described, the salt deposits, or any rights or interests therein necessary for the removal of salt therefrom under such tract of land owned by the state of Kansas, the legal description of which tract is as follows: That portion of the northeast quarter, the southeast quarter, and the southwest quarter and the east one-half of the northwest quarter of section 19, township 23, range 5 west of the 6th P.M. lying west of Lorraine street and south of G street adjacent to the city of Hutchinson, Reno county, containing five hundred sixty (560) acres, more or less.
History: L. 1972, ch. 337, § 1; L. 1990, ch. 309, § 41; May 24.
The director shall appoint three (3) competent appraisers who shall make an appraisal of said salt beds which appraisal shall be in writing and signed by the appraisers under oath and filed with the director, which appraisal shall constitute the minimum price for which said salt beds or rights or interests therein may be sold. The director shall have the right to approve or reject any appraisal. In the event an appraisal is rejected, the director shall in the same manner cause the salt beds to be again appraised. All appraisals shall be in writing and signed by the appraisers under oath. After the filing of the appraisal, the director of purchases, at the request of the executive director of the department of administration shall invite bids as authorized by K.S.A. 75-3739 and the sale of such rights or interests therein shall be made to the highest responsible bidder. The right to reject all bids and invite new bids whenever he or she shall deem the bids received to be unsatisfactory shall be reserved by the director.
History: L. 1972, ch. 337, § 2; July 1.
If such sale involves a property interest for which a deed is required the director shall as soon as practicable after said sale is made, furnish the purchaser an abstract of title to the property purchased, at purchaser's expense and the purchaser shall have twenty (20) days in which to have said abstract examined. If any defects be found in the title, said director shall, and is hereby authorized to do all things necessary in order to make said title merchantable. Within ten (10) days after the expiration of the twenty (20) days above provided for the examination of the abstract, if said abstract shows a merchantable title, upon payment by the purchaser of the entire purchase price as determined in K.S.A. 75-3791, a deed conveying the property purchased to the purchaser shall be executed and delivered to said purchaser.
History: L. 1972, ch. 337, § 3; July 1.
Any deed or contracts executed under the authority of this act shall be executed by the executive director of the department of administration and attested by the secretary of state. Such deed or contract shall be approved as to form by the attorney general.
History: L. 1972, ch. 337, § 4; July 1.
The cost of any proceedings necessary to perfect title and other expenses of sale shall be paid out of the proceeds of said sale, and the balance shall be placed by the state treasurer in the general fund of the state.
History: L. 1972, ch. 337, § 5; July 1.
History: L. 1981, ch. 323, § 1; Repealed, L. 1982, ch. 359, § 1; March 4.
History: L. 1981, ch. 32, § 69; Repealed, L. 1982, ch. 31, § 57; May 20.
History: L. 1982, ch. 324, § 4; Repealed, L. 1988, ch. 334, § 1; July 1.
(a) The state agency unemployment claims audit fund is hereby established in the state treasury. Within the limits of appropriations and the provisions of appropriations acts relating thereto, moneys credited to the fund shall be used by the secretary of administration to pay for the auditing of claims made against the state's reimbursing account under the employment security law and to provide for the development, implementation and operation of administrative policies and procedures relating to such claims.
(b) Commencing with the fiscal year ending June 30, 1985, the secretary of administration may charge and collect a claims processing and auditing fee each fiscal year from all covered state agencies at a rate fixed by the secretary which shall not exceed .1% of covered total wages under the employment security law, except that for the fiscal year ending June 30, 1985, such rate shall not exceed .04% of covered total wages. The claims processing and auditing fee shall be collected as part of the amounts collected for the state of Kansas reimbursement payments levied against state agencies pursuant to subsection (e)(2)(G) of K.S.A. 44-710 and amendments thereto and shall be deducted from such amounts and credited to the state agency unemployment claims audit fund.
History: L. 1984, ch. 184, § 1; May 24.
(a) Upon request of the chief administrative officer of a state agency and subject to the approval of the secretary of administration, the director of purchases may convene a financial services negotiating committee to obtain financial services for the state agency under this section.
(b) Each financial services negotiating committee shall be composed of (1) the director of purchases, or a person designated by the director of purchases, (2) the chief administrative officer of the state agency needing financial services, or a person designated by the officer, and (3) the director of accounts and reports, or a person designated by the director of accounts and reports.
(c) The financial services negotiating committee is authorized to negotiate contracts with qualified parties to provide financial services, including services relating to installment purchase, lease, or lease-purchase of equipment or to other financial related services needed by the state agency.
(d) Prior to negotiating for financial services, the committee shall advertise for proposals, negotiate with one or more of the firms submitting proposals and select from among those submitting such proposals the party to contract with for the purpose of providing financial services.
(e) Contracts entered into pursuant to this section for financial services shall not be subject to the provisions of K.S.A. 75-3738 to 75-3740a, inclusive, and any amendments thereto.
History: L. 1984, ch. 308, § 1; May 17.
(a) Upon approval of the secretary of administration, a state agency may negotiate directly with a bank having a fee agency account of the state agency under K.S.A. 75-4214 and amendments thereto and enter into a contract providing for the collection of charge credit card tickets accepted by the state agency in payment of fees, tuition and other charges. Any state agency so authorized may allow the bank a discount from the face value of charge credit card tickets to compensate them for services provided in collecting such accounts, except that any discount shall not exceed 3% of the face value of the charge credit card tickets. All contracts entered into under this subsection shall be exempt from the provisions of K.S.A. 75-3739 to 75-3744, inclusive, and any amendments to those sections.
(b) In lieu of the procedure authorized by subsection (a), the secretary of administration may prepare specifications and solicit sealed proposals from banks or other financial institutions for the collection of charge credit card tickets accepted by all state agencies in payment of fees, tuition and other charges or for the sale of charge credit card tickets accepted by all state agencies to banks or other financial institutions. The specifications and sealed proposals shall state the terms, schedules for settlement and conditions under which payment for the charge credit card tickets are to be made. If one or more proposals are adopted by entering into contracts therefor, each state agency covered (1) may pay service charges, if any, for such services from the fee or other special revenue fund in which the receipts are credited or, if the receipts are credited to the state general fund, from appropriations from the state general fund which are available therefor, or (2) may allow discounts from the face value of the charge credit card tickets to compensate the banks or other financial institution for the cost of handling the transactions. No service charges or discounts under a proposal adopted under this subsection shall exceed 3% of the face value of the charge credit card tickets.
(c) The director of accounts and reports shall prescribe within the central accounting system those procedures necessary to implement the provisions of this section.
History: L. 1984, ch. 303, § 1; April 19.
(a) The secretary of administration is authorized to enter into certificate of participation financing arrangements to provide financing or refinancing for personal property and fixtures acquired for one or more state agencies, subject to approval of 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, except that such approval may also be given when the legislature is in session.
(b) As used in this section, certificate of participation financing means an installment purchase or lease purchase agreement that is subject to appropriations and which is structured to allow investors to receive a portion of the principal and interest payments made by state agencies as required by the agreement.
History: L. 1985, ch. 270, § 1; May 9.
(a) Upon request of the chief administrative officer of a state agency and subject to the approval of the secretary of administration, the director of purchases may convene a procurement negotiating committee to obtain services or technical products for the state agency.
(b) Each procurement negotiating committee shall be composed of: (1) The director of purchases, or a person designated by the director; (2) the chief administrative officer of the state agency desiring to make the procurement, or a person designated by the officer; and (3) the secretary of administration, or a person designated by the secretary or, if a procurement involves information technology or services, the executive chief information technology officer or a person designated by the executive chief information technology officer.
(c) The negotiating committee is authorized to negotiate for the procuring state agency contracts with qualified parties to provide services or technical products needed by the state agency.
(d) Prior to negotiating for the procurement, a notice to bidders first shall be published in the Kansas register. Upon receipt of bids or proposals, the committee may negotiate with one or more of the firms or certified businesses submitting bids or proposals and select from among those submitting such bids or proposals the party to contract with to provide the services or technical products. In selecting the party to contract with to provide services or technical products under this section, the committee shall consider whether such party is:
(1) A certified business or purchased goods or services from a qualified vendor on the list certified by the director of purchases pursuant to K.S.A. 75-3317 et seq., and amendments thereto; or
(2) a disabled veteran business:
(A) Doing business as a Kansas firm, corporation or individual; or
(B) maintaining offices or places of business in Kansas.
(e) Contracts entered into pursuant to this section shall not be subject to the provisions of K.S.A. 75-3738 through 75-3740a, and amendments thereto. Meetings to conduct negotiations pursuant to this section shall not be subject to the provisions of K.S.A. 75-4317 through 75-4320a, and amendments thereto. The director of purchases shall submit a report at least once in each calendar quarter to the legislative coordinating council and the chairpersons of the senate committee on ways and means and the house of representatives committee on appropriations of all contracts entered into pursuant to this section. In the event that the negotiating committee selects a bid which is not the lowest bid on a given contract, the directors report shall contain a rationale explaining why the lowest bidder was not awarded the contract.
(f) Nothing in this section shall be construed as requiring either negotiations pursuant to this section or bids pursuant to K.S.A. 75-3739, and amendments thereto, for the procurement of professional services or services for which, in the judgment of the director of purchases, meaningful specifications cannot be determined.
(g) As used in this section:
(1) "Certified business" shall mean the same as in K.S.A. 75-3740, and amendments thereto;
(2) "disabled veteran" shall mean the same as in K.S.A. 75-3740, and amendments thereto; and
(3) "disabled veteran business" shall mean the same as in K.S.A. 75-3740, and amendments thereto.
History: L. 1987, ch. 324, § 1; L. 1996, ch. 6, § 3; L. 2013, ch. 62, § 12; L. 2014, ch. 129, § 7; July 1.
Notwithstanding the provisions of K.S.A. 75-37,102(b), and amendments thereto, for the purposes of selecting a vendor to perform the unemployment insurance modernization project authorized by K.S.A. 44-772, and amendments thereto, the procurement negotiating committee shall be composed of: (a) The director of purchases, or a person designated by the director; (b) the chairperson of the joint committee on information technology pursuant to the provisions of K.S.A. 46-2101, and amendments thereto; and (c) the secretary of administration, or a person designated by the secretary or, if a procurement involves information technology or services, the executive chief information technology officer or a person designated by the executive chief information technology officer.
History: L. 2021, ch. 92, § 9; May 13.
(a) After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the secretary of administration, after consultation with the contracting agency and the attorney general, shall have authority to debar a person for cause from consideration for award of contracts. The debarment shall not be for a period exceeding three years. The secretary, after consultation with the contracting agency and the attorney general, shall have authority to suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity which might lead to debarment. The suspension shall not be for a period exceeding three months unless an indictment has been issued for an offense which would be a cause for debarment under subsection (b), in which case the suspension shall, at the request of the attorney general, remain in effect until after the trial of the suspended person.
(b) The causes for debarment include the following:
(1) Conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract;
(2) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a state contractor;
(3) conviction under state or federal antitrust statutes;
(4) failure without good cause to perform in accordance with the terms of the contract; or
(5) any other cause the secretary determines to be so serious and compelling as to affect responsibility as a state contractor, including debarment by another governmental entity for any cause pursuant to rules and regulations.
History: L. 1996, ch. 6, § 1; July 1.
State agencies, in cooperation with the director of purchases, are hereby authorized to develop a list of prequalified vendors of particular goods and services and a set of standards which vendors must meet in order to be qualified. Any prequalification procedure shall be in writing and published sufficiently in advance to permit vendors to comply with the process. Additionally, state agencies may require that any prequalified vendor have sufficient administrative and accounting controls to insure compliance with any contractual requirements. Solicitation mailing lists of potential contractors shall include, but not be limited to prequalified firms.
History: L. 1996, ch. 6, § 2; July 1.
(a) As used in this section, "state agency" has the meaning ascribed thereto by K.S.A. 75-3701, and amendments thereto, and includes the governor's department, lieutenant governor, attorney general, secretary of state, state treasurer, commissioner of insurance, each agency of the executive branch, the legislature and each agency of the legislative branch, the judicial branch and each agency of the judicial branch and any appointed state council or state commission.
(b) (1) There is established an employee award and recognition program for state employees. Under this program monetary or non-monetary awards may be made to state employees. An appointing authority may implement a program of award and recognition for classified and unclassified employees or teams of employees for distinguished accomplishment, meritorious service, innovations, Kansas quality management, volunteerism or length of service. Under this program monetary or non-monetary awards may be made to state employees. Non-monetary awards may include, but are not limited to, a medal, an annual award luncheon held by the employee's respective state agency or public recognition by the Kansas house of representatives or the Kansas senate.
(2) All awards and recognition provided under this section shall meet the conditions for a discretionary bonus set out in 29 C.F.R. § 778.211.
(c) The total gross value of awards to any employee of the state during a single fiscal year shall not exceed $3,500 except as provided in subsection (g). No award paid pursuant to this section during the fiscal year shall be compensation, within the meaning of K.S.A. 74-4901 et seq., and amendments thereto, for any purpose under the Kansas public employees retirement system and shall not be subject to deductions for employee contributions thereunder. Each taxable award paid under this section shall be a discretionary bonus, as defined by 29 C.F.R. § 778, and shall be in addition to the regular earnings to which that employee may be entitled or for which the employee may become eligible. Monetary awards are subject to taxes in accordance with federal internal revenue code regulations. The value of non-monetary awards shall be reported by state agencies in accordance with sections 74 and 132 of the federal internal revenue code and procedures prescribed by the director of accounts and reports.
(d) The award and recognition program shall be paid from moneys appropriated and available for operating expenditures of the state agency or from other funding sources as appropriated. In the case of employee suggestions, the award or recognition for each employee shall be paid or provided by the state agency that benefited from and implemented the suggestion.
(e) The regulations of the employee award board adopted pursuant to K.S.A. 75-37,108, and amendments thereto, are hereby revoked.
(f) The secretary of administration shall adopt rules and regulations that provide oversight and administrative review of state agency award and recognition programs. The secretary of administration shall adopt rules and regulations to provide safeguards to preclude opportunities for abuse within the employee award and recognition program in each state agency and to ensure objective decision-making procedures in award and recognition determinations for all participating employees.
(g) (1) (A) The secretary of administration shall establish a state employee suggestion program through which state employees may submit suggestions for cost reductions to their respective state agency through increased efficiencies or other economies or savings in the operations of the state agency.
(B) Each employee making a suggestion for cost reduction shall be awarded a monetary or non-monetary employee award or awards for innovation pursuant to subsection (b) of this section upon adoption of the suggestion by the state agency. Monetary awards for innovation shall be nondiscretionary and shall be in the amount of 10% of the cost reduction, accrued during the first 12 months after implementation of the suggestion, as documented to the division of the budget, up to a maximum of $5,000. Should multiple employees make similar suggestions for cost reduction, as determined by the state agency, each employee shall submit to the head of the state agency a list of each employee's percentage contribution to the suggestion for cost reduction. Upon adoption of the suggestion by the state agency, the head of the state agency shall make the final determination as to each employee's percentage contribution. Such multiple employees shall then share the documented cost reduction in such percentage shares as determined by the head of the state agency, up to a maximum of $5,000 per employee.
(C) The state agency shall retain 10% of the documented cost reduction. Savings achieved through this cost reduction shall be placed in a separate special revenue fund or funds for such purpose to be administered by that state agency. The remaining balance of the savings achieved through this cost reduction shall revert to the state general fund.
(2) Each state agency shall submit each suggestion it receives, together with the state agency's estimated cost reduction, if any, and dispensation of the suggestion to the division of the budget. The director of the budget shall file copies with the director of the legislative research department, who shall report annually on the information to members of the legislative budget committee.
(3) Each state agency that has awarded an employee under the state agency's employee suggestion program pursuant to this subsection shall report all information related to the award to the secretary of administration.
(4) At the beginning of each regular session of the legislature, the secretary of administration shall provide all information received by state agencies pursuant to subsection (g)(3) to the appropriate committees of the legislature.
(5) The secretary of administration shall provide all information regarding the state employee suggestion program to all state agencies by a pamphlet, brochure or by publication on the official website of the department of administration.
(h) Awards and incentives and other recognition pursuant to this section shall not be deemed in violation of K.S.A. 46-237a, and amendments thereto.
(i) Any person elected or appointed to a state agency position shall not be a recipient of a monetary award under this section.
History: L. 2002, ch. 136, § 2; L. 2003, ch. 133, § 1; L. 2011, ch. 108, § 1; July 1.
History: L. 1986, ch. 320, § 1; Repealed, L. 2002, ch. 136, § 4; July 1.
History: L. 1986, ch. 320, § 2; L. 1989, ch. 272, § 2; Repealed, L. 2002, ch. 136, § 4; July 1.
History: L. 1986, ch. 320, § 3; Repealed, L. 2002, ch. 136, § 4; July 1.
History: L. 1986, ch. 320, §§ 4, 5; L. 1989, ch. 272, §§ 3, 1; Repealed, L. 2002, ch. 136, § 4; July 1.
As used in this act:
(a) "State agency" means any state office or officer, department, board, commission, bureau, division, authority, agency or institution of this state, except political subdivisions of the state, requesting or receiving appropriations from the state treasury; and
(b) "agency head" means an individual or body of individuals in which the ultimate legal authority of the state agency is vested by any provision of law.
History: L. 1989, ch. 252, § 1; July 1.
(a) Subject to approval by the secretary of administration, a state agency may enter into financing agreements with the Kansas development finance authority to provide financing for energy conservation improvements. Each such financing agreement shall specify:
(1) The projected annual energy cost savings identified by an engineering analysis of the proposed energy conservation improvement;
(2) the estimated cost of the proposed energy conservation improvement, including the costs of planning and financing; and
(3) the estimated time that annual energy cost savings will commence.
(b) Payments made to the Kansas development finance authority pursuant to each agreement entered into under this act shall be made from moneys credited to the energy conservation improvement fund and in accordance with the provisions of appropriations acts. The total amount of such payments for a fiscal year under all such agreements shall not exceed the amount of annual energy cost savings identified by an engineering analysis conducted prior to carrying out the energy conservation improvements.
(c) No state agency shall enter into an agreement to finance an energy conservation improvement under this act unless the state agency has first advised and consulted with the joint committee on state building construction on the proposed energy conservation improvement and the director of architectural services has reviewed and approved the project for the proposed energy conservation improvement.
History: L. 1989, ch. 252, § 2; July 1.
(a) There is hereby created in the state treasury the energy conservation improvement fund which shall be administered by the Kansas development finance authority.
(b) Not later than October 1 each year, the Kansas development finance authority shall certify to the director of the budget a list of projects for energy conservation improvements financed pursuant to this act. The listing shall identify the repayment schedule for each project and shall include such other information relating to the project as may be requested by the director of the budget. The director of the budget shall make appropriate adjustments to the budgets of each state agency with one or more projects for energy conservation improvements and shall recommend transfers to and appropriations from the energy conservation improvement fund in amounts to repay the amounts required under the agreements authorized by and entered into under this act and related program costs.
(c) In accordance with the provisions of appropriations acts, the Kansas development finance authority may make expenditures of moneys credited to the energy conservation improvement fund for payments made pursuant to agreements entered into by state agencies under this act and for the payment of costs incurred in connection with the implementation of projects for energy conservation improvements and the financing of such projects.
History: L. 1989, ch. 252, § 3; July 1.
The projects for energy conservation improvements for state facilities which are initiated by state agencies under this act 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 the projects for energy conservation improvements under this act for any fiscal year, exclusive of financing costs, shall not exceed the amounts approved for such energy conservation improvements by the state corporation commission.
History: L. 1989, ch. 252, § 4; L. 2007, ch. 116, § 2; July 1.
(a) There is hereby established the Kansas quality program within the department of administration for the purposes of providing procedures and incentives for the enhancement of quality in the business of state government. The secretary of administration shall administer the program and shall promote and assist the creation and development of Kansas quality teams in each state agency. The secretary of administration shall develop and coordinate appropriate training programs for state officers and employees in total quality management principles, which may include presentations by existing total quality management programs in firms and other organizations operating in Kansas.
(b) (1) The Kansas quality program shall be based on the principles of total quality management. The program shall provide opportunities for involvement of as many officers and employees of each state agency in Kansas quality teams as practicable to examine and improve the operations and activities of the state agency, except that no Kansas quality team shall be composed of more than 40 members unless specifically authorized by the secretary of administration. The Kansas quality program shall provide opportunities for individual quality improvement activities and recognition where such activities are determined to be more efficient and effective than establishing a Kansas quality team.
(2) In accordance with this section and with policies, procedures and guidelines prescribed by rules and regulations adopted by the secretary of administration, each state agency shall prepare a quality improvement plan containing proposed activities and quality goals for the state agency during a specified fiscal year or a portion thereof. Each quality improvement plan shall include comprehensive goals and specific goals for individual achievement or team achievement, shall be based on performance standards and other objective measures and shall be submitted for review and approval by the secretary of administration. All performance standards and other objective measures shall be stated in terms of quantitative measures in accordance with rules and regulations adopted by the secretary of administration under this section.
(c) The secretary of administration shall adopt rules and regulations for the administration and implementation of the Kansas quality program.
(d) As used in this section, "state agency" has the meaning ascribed thereto by K.S.A. 75-3701, and amendments thereto.
History: L. 1994, ch. 91, § 1; L. 2002, ch. 136, § 3; July 1.
As used in K.S.A. 75-37,116 through 75-37,119:
(a) "Alternative fuel" has the meaning provided by 42 U.S.C. 13211.
(b) "Alternative-fueled vehicle" means a vehicle that operates on an alternative fuel and that meets or exceeds the clean fuel vehicle standards in the federal clean air act amendments of 1990, Title II.
(c) "Fueling station" means the property which is directly related to the delivery of alternative fuel into the fuel tank of a motor vehicle propelled by such fuel, including the compression equipment and storage vessels for such fuel at the point where such fuel is delivered.
(d) "Government agency" means a county, a city, a school district or another governmental unit, including a public transit agency.
(e) "Government fleet" means a fleet of 10 or more motor vehicles owned and operated by a government agency.
(f) "Incremental cost" means the cost that results from subtracting the manufacturer's list price of the vehicle operating on conventional gasoline or diesel fuel from the manufacturer's list price of the same model vehicle designed to operate on an alternate fuel.
(g) "Secretary" means the secretary of administration.
History: L. 1995, ch. 262, § 2; July 1.
(a) There is hereby established the alternative fuels loan program for the purpose of making loans to government agencies which own and operate motor vehicles to encourage and assist them to:
(1) Purchase new alternative-motor fueled vehicles;
(2) convert existing motor vehicles which operate on gasoline and diesel fuel to operate on alternative fuels; and
(3) construct motor vehicle fueling facilities to serve alternative-fueled vehicles.
(b) The alternative-fuels loan program shall be administered by the secretary. The secretary shall adopt rules and regulations establishing procedures, criteria and conditions for making loans from the alternative-fuels government fleet loan fund and such other rules and regulations as necessary to operate the alternative-fuels loan program.
History: L. 1995, ch. 262, § 3; July 1.
(a) There is hereby established the alternative-fuels government fleet loan fund in the state treasury. All moneys in the alternative-fuels government fleet loan fund shall be used for loans in accordance with K.S.A. 75-37,119, and amendments thereto, and the provisions of appropriation acts. Such fund shall consist of:
(1) Amounts appropriated by the legislature for the purposes of the fund;
(2) amounts of repayments made by government agencies of loans received under K.S.A. 75-37,116 through 75-37,119, and amendments thereto, together with payments of interest thereon, in accordance with agreements entered into by such government agencies and the secretary; and
(3) 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. 75-37,119, 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 alternative-fuels government fleet loan fund.
(c) All expenditures from the alternative-fuels government fleet loan fund shall be made in accordance with K.S.A. 75-37,116 through 75-37,119, and amendments thereto, and the provisions of appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person designated by the secretary.
History: L. 1995, ch. 262, § 4; L. 2001, ch. 5, § 389; July 1.
(a) In accordance with the provisions of this section, the secretary is hereby authorized to enter into loan agreements with government agencies for the purposes stated in K.S.A. 75-37,117 and to loan moneys in the alternative-fuels government fleet loan fund in accordance with such agreements.
(b) Loans made from the alternative-fuels government fleet loan fund may be for the following amounts:
(1) For the incremental cost of purchasing a new alternative-fueled vehicle:
(A) A maximum of $2,000 per vehicle for vehicles having a gross vehicle weight of 10,000 lbs. or less; (B) a maximum of $5,000 per vehicle for vehicles having a gross weight of more than 10,000 lbs. but less than 26,000 lbs.; and (C) a maximum of $50,000 for vehicles having a gross vehicle weight of 26,000 lbs. or more;
(2) for the conversion of a new or used vehicle designed to operate on conventional gasoline or diesel fuel to operate on an alternative fuel:
(A) A maximum of $2,000 per vehicle for vehicles having a gross vehicle weight of 10,000 lbs. or less; (B) a maximum of $5,000 per vehicle for vehicles having a gross weight of more than 10,000 lbs. but less than 26,000 lbs.; and (C) a maximum of $50,000 for vehicles having a gross vehicle weight of 26,000 lbs. or more; and
(3) a maximum of $100,000 for the construction of alternative-fuel fueling stations;
(c) No government agency shall be entitled to receive an aggregate amount of more than $100,000 in loans for new alternative-fueled vehicle purchases or vehicle conversions in any fiscal year, nor shall any government agency be entitled to receive an aggregate amount of more than $100,000 in loans for construction of alternative-fuel fueling stations in any fiscal year.
(d) Government agencies receiving loans from the alternative-fuels government fleet loan fund shall:
(1) Agree to use the alternative fuel for which any alternative-fueled vehicle is purchased or converted using loan proceeds;
(2) agree to notify the secretary in writing if a vehicle converted using loan proceeds becomes inoperable through mechanical failure or accident and to pursue a remedy outlined in rules and regulations;
(3) provide reasonable data requested by the secretary on the performance of alternative-fueled vehicles purchased or converted with loan proceeds;
(4) submit alternative-fueled vehicles purchased or converted with loan proceeds to reasonable inspections by the secretary as required by rules and regulations; and
(5) make alternative-fuel fueling stations constructed with loan proceeds available to other government alternative-fueled fleets and, within the capacity of the fueling facility, to public alternative-fueled vehicle operators.
(e) Each loan agreement entered into under this section shall fix the terms of repayment and shall provide for interest payable on the loan. Such interest may be at fixed or variable rates. Such terms of repayment shall be fixed to require a loan repayment schedule not to exceed four years. When developing repayment schedules for loans, the secretary shall consider the projected savings to the government agency resulting from the use of an alternative fuel.
(f) The secretary shall develop uniform application forms to be used for all loans.
(g) The secretary shall evaluate the plans developed by the applicant government agency for converting its fleet to operate on alternative fuels and shall give preference in making loans to those government agencies which are prepared to make substantial investments of their own funds in converting their fleets to operate on alternative fuels and which are prepared to work cooperatively with the state, other government agencies and private sector persons in developing an alternative-fuels fueling infrastructure in the state.
(h) The secretary 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 government agency that is delinquent in its loan repayment.
History: L. 1995, ch. 262, § 5; July 1.
(a) There is created the office of administrative hearings within the department of administration, to be headed by a director appointed by the secretary of administration. The director shall be in the unclassified service under the Kansas civil service act.
(b) The office may employ or contract with presiding officers, court reporters and other support personnel as necessary to conduct proceedings required by the Kansas administrative procedure act for adjudicative proceedings of the state agencies, boards and commissions specified in subsection (h). The office shall conduct adjudicative proceedings of any state agency that is specified in subsection (h) when requested by such agency. Only a person admitted to practice law in this state or a person directly supervised by a person admitted to practice law in this state may be employed as a presiding officer. The office may employ regular part-time personnel. Persons employed by the office shall be under the classified civil service.
(c) If the office cannot furnish one of its presiding officers within 60 days in response to a requesting agency's request, the director shall designate in writing a full-time employee of an agency other than the requesting agency to serve as presiding officer for the proceeding, but only with the consent of the employing agency. The designee shall possess the same qualifications required of presiding officers employed by the office.
(d) The director may furnish presiding officers on a contract basis to any governmental entity to conduct any proceeding other than a proceeding as provided in subsection (h).
(e) The secretary of administration may adopt rules and regulations:
(1) To establish procedures for agencies to request and for the director to assign presiding officers. An agency may neither select nor reject any individual presiding officer for any proceeding except in accordance with the Kansas administrative procedure act;
(2) to establish procedures and adopt forms, consistent with the Kansas administrative procedure act, the model rules of procedure, and other provisions of law, to govern presiding officers; and
(3) to facilitate the performance of the responsibilities conferred upon the office by the Kansas administrative procedure act.
(f) The director may implement the provisions of this section and rules and regulations adopted under its authority.
(g) The secretary of administration may adopt rules and regulations to establish fees to charge a state agency for the cost of using a presiding officer.
(h) The following state agencies, boards and commissions shall utilize the office of administrative hearings for conducting adjudicative hearings under the Kansas administrative procedure act in which the presiding officer is not the agency head or one or more members of the agency head:
(1) On and after July 1, 2005: Kansas department for children and families, department of corrections, Kansas department for aging and disability services, department of health and environment, Kansas public employees retirement system, Kansas water office, Kansas department of agriculture division of animal health and Kansas insurance department.
(2) On and after July 1, 2006: Emergency medical services board, emergency medical services council and Kansas human rights commission.
(3) On and after July 1, 2007: Kansas lottery, Kansas racing and gaming commission, state treasurer, pooled money investment board, Kansas department of wildlife and parks and state board of tax appeals.
(4) On and after July 1, 2008: Department of human resources, state corporation commission, Kansas department of agriculture division of conservation, agricultural labor relations board, department of administration, department of revenue, board of adult care home administrators, Kansas state grain inspection department, board of accountancy and Kansas wheat commission.
(5) On and after July 1, 2009, all other Kansas administrative procedure act hearings not mentioned in subsections (1), (2), (3) and (4).
(i) (1) Effective July 1, 2005, any presiding officer in agencies specified in subsection (h)(1) that conduct hearings pursuant to the Kansas administrative procedure act, except those exempted pursuant to K.S.A. 77-551, and amendments thereto, and support personnel for such presiding officers, shall be transferred to and shall become employees of the office of administrative hearings. Such personnel shall retain all rights under the state personnel system and retirement benefits under the laws of this state that had accrued to or vested in such personnel prior to the effective date of this section. Such person's services shall be deemed to have been continuous. All transfers 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. This section shall not affect any matter pending before an administrative hearing officer at the time of the effective date of the transfer, and such matter shall proceed as though no transfer of employment had occurred.
(2) Effective July 1, 2006, any presiding officer in agencies specified in subsection (h)(2) that conduct hearings pursuant to the Kansas administrative procedure act, except those exempted pursuant to K.S.A. 77-551, and amendments thereto, and support personnel for such presiding officers, shall be transferred to and shall become employees of the office of administrative hearings. Such personnel shall retain all rights under the state personnel system and retirement benefits under the laws of this state that had accrued to or vested in such personnel prior to the effective date of this section. Such person's services shall be deemed to have been continuous. All transfers 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. This section shall not affect any matter pending before an administrative hearing officer at the time of the effective date of the transfer, and such matter shall proceed as though no transfer of employment had occurred.
(3) Effective July 1, 2007, any presiding officer in agencies specified in subsection (h)(3) that conduct hearings pursuant to the Kansas administrative procedure act, except those exempted pursuant to K.S.A. 77-551, and amendments thereto, and support personnel for such presiding officers, shall be transferred to and shall become employees of the office of administrative hearings. Such personnel shall retain all rights under the state personnel system and retirement benefits under the laws of this state that had accrued to or vested in such personnel prior to the effective date of this section. Such person's services shall be deemed to have been continuous. All transfers 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. This section shall not affect any matter pending before an administrative hearing officer at the time of the effective date of the transfer, and such matter shall proceed as though no transfer of employment had occurred.
(4) Effective July 1, 2008, any full-time presiding officer in agencies specified in subsection (h)(4) that conduct hearings pursuant to the Kansas administrative procedure act, except those exempted pursuant to K.S.A. 77-551, and amendments thereto, and support personnel for such presiding officers, shall be transferred to and shall become employees of the office of administrative hearings. Such personnel shall retain all rights under the state personnel system and retirement benefits under the laws of this state that had accrued to or vested in such personnel prior to the effective date of this section. Such person's services shall be deemed to have been continuous. All transfers 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. This section shall not affect any matter pending before an administrative hearing officer at the time of the effective date of the transfer, and such matter shall proceed as though no transfer of employment had occurred.
(5) Effective July 1, 2009, any full-time presiding officer in agencies specified in subsection (h)(5) that conduct hearings pursuant to the Kansas administrative procedure act, except those exempted pursuant to K.S.A. 77-551, and amendments thereto, and support personnel for such presiding officers, shall be transferred to and shall become employees of the office of administrative hearings. Such personnel shall retain all rights under the state personnel system and retirement benefits under the laws of this state that had accrued to or vested in such personnel prior to the effective date of this section. Such person's services shall be deemed to have been continuous. All transfers 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. This section shall not affect any matter pending before an administrative hearing officer at the time of the effective date of the transfer, and such matter shall proceed as though no transfer of employment occurred.
History: L. 1997, ch. 182, § 88; L. 2000, ch. 132, § 1; L. 2004, ch. 145, § 34; L. 2006, ch. 4, § 1; L. 2007, ch. 192, § 1; L. 2008, ch. 109, § 67; L. 2012, ch. 47, § 117; L. 2012, ch. 166, § 19; L. 2013, ch. 133, § 29; L. 2014, ch. 141, § 74; L. 2015, ch. 100, § 13; L. 2023, ch. 7, § 131; July 1.
History: L. 1997, ch. 182, § 88; L. 2000, ch. 132, § 1; L. 2004, ch. 145, § 34; L. 2006, ch. 4, § 1; L. 2007, ch. 192, § 1; L. 2008, ch. 109, § 67; L. 2012, ch. 140, § 119; Repealed, L. 2013, ch. 133, § 37; July 1.
History: L. 1997, ch. 182, § 88; L. 2000, ch. 132, § 1; L. 2004, ch. 145, § 34; L. 2006, ch. 4, § 1; L. 2007, ch. 192, § 1; L. 2008, ch. 109, § 67; L. 2012, ch. 47, § 117; L. 2012, ch. 166, § 19; L. 2013, ch. 133, § 29; L. 2014, ch. 115, § 337; Repealed, L. 2015, ch. 100, § 17; July 1.
History: L. 1997, ch. 182, § 89; Repealed, L. 2004, ch. 145, § 51; July 1, 2005.
(a) As used in this section, "Topeka state hospital property" means all state-owned land and improvements in the city of Topeka, Kansas, which is in the area bounded by west Sixth street on the south, MacVicar avenue on the east, Interstate 70 on the north, and Oakley avenue on the west, including the adjacent state-owned land west of Oakley avenue, excluding the state printing plant land designated by the secretary of administration.
(b) The secretary of administration shall have custody and control of the Topeka state hospital property and may operate and maintain the property. The secretary of administration may make expenditures for the following:
(1) Goods and services relating to the use, sale, lease or other disposition of the Topeka state hospital property;
(2) marketing the use, sale, lease or other disposition of the Topeka state hospital property; and
(3) operating and maintaining the Topeka state hospital property, including security, repair and capital improvements.
(c) The secretary of administration may:
(1) Enter into agreements to lease all, or any portion, of the Topeka state hospital property for a period not to exceed five years;
(2) enter into agreements to lease all, or any portion, of the Topeka state hospital property for a period longer than five years after review and consultation with the joint committee on state building construction;
(3) enter into agreements and fix or alter charges for the use of the Topeka state hospital property by state agencies and others in any amounts that the secretary of administration determines to be beneficial or necessary; and
(4) enter into agreements to sell all or any portion of the Topeka state hospital property, subject to approval of the state finance council. The approval of the sale of all, or any portion, of the Topeka state hospital property 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. Approval by the state finance council may be given when the legislature is in session.
(d) If that portion of the Topeka state hospital campus which includes the division of services for the blind is sold or otherwise becomes unavailable for its current use, ample time shall be allowed for the division of services for the blind to acquire replacement facilities of equal or better usefulness for services to the blind. If the Kansas industries for the blind must be closed as a part of the sale of Topeka state hospital property, the Kansas industries for the blind shall not be closed until suitable alternatives, including similar wages and benefits, for persons employed by Kansas industries for the blind have been arranged.
(e) The Topeka state hospital property and any portion thereof shall be exempt from ad valorem taxation as long as such property is owned by the state of Kansas and such property is:
(1) Used by the state of Kansas or any of its agencies;
(2) vacant;
(3) leased by an entity exempt from the payment of ad valorem taxation; or
(4) used for a purpose that is exempt from the payment of ad valorem taxation.
(f) The provisions of K.S.A. 79-201 et seq., and amendments thereto, requiring the requesting and filing of property tax exemptions shall not apply to the exemption provided by this section.
(g) (1) There is hereby created the Topeka state hospital property advisory committee which shall be composed of the following members:
(A) One member shall be a member of the house of representatives whose representative district includes a portion of Shawnee county and who is appointed by the speaker of the house of representatives and such member shall serve for a term ending on the first day of the regular session of the legislature in next ensuing odd-numbered year;
(B) one member shall be a member of the house of representatives whose representative district includes a portion of Shawnee county and who is appointed by the minority leader of the house of representatives and such member shall serve for a term ending on the first day of the regular session of the legislature in next ensuing odd-numbered year;
(C) one member shall be a member of the senate whose senate district includes a portion of Shawnee county and who is appointed by the president of the senate and such member shall serve for a term ending on the first day of the regular session of the legislature next ensuing odd-numbered year;
(D) one member shall be a member of the senate whose senate district includes a portion of Shawnee county and who is appointed by the minority leader of the senate and such member shall serve for a term ending on the first day of the regular session of the legislature in the next ensuing odd-numbered year;
(E) one member shall be the mayor of the city of Topeka, or designee; and
(F) at least one member but not more than three members shall be appointed by the secretary of administration from among those persons who are not officers or employees of any state or local governmental agency and each such member shall serve at the pleasure of the secretary of administration.
(2) The Topeka state hospital property advisory committee shall organize at its first meeting which shall be called by the secretary of administration by electing a chairperson and vice-chairperson from among the members. The advisory committee shall meet on call of the chairperson and shall meet at least once each calendar quarter.
(3) Members of the Topeka state hospital property advisory committee shall serve without compensation.
(4) The Topeka state hospital property advisory committee shall meet and shall advise and consult with the secretary of administration and other representatives of the department of administration with regard to current and proposed uses and other dispositions of the Topeka state hospital property. The secretary of administration shall present formal and informal proposals for new or different uses or other dispositions of the Topeka state hospital property and shall solicit comments from the advisory committee thereon. The advisory committee shall study and shall provide a forum for the expression and discussion of concerns and recommendations from residents of Shawnee county relating to current and proposed uses and other dispositions of the Topeka state hospital property.
(5) Nothing in this section shall be construed to limit the discretion of the secretary in the disposition of Topeka state hospital property.
(6) The Topeka state hospital property advisory committee shall terminate when the Topeka state hospital property passes entirely from state ownership or on December 31, 2002, whichever is sooner.
(h) This section shall take effect and be in force from and after July 1, 1999.
History: L. 1999, ch. 142, § 4; May 20.
(a) There shall be placed on the grounds of the former Topeka state hospital a memorial for the persons who are buried on such grounds. The state shall retain title to that portion of the grounds of the former Topeka state hospital where such persons are buried and such portion of the grounds shall be known as the Topeka state hospital cemetery. The memorial shall include appropriate fencing which shall be placed around the area where such persons are buried and a suitable plaque to identify the nature of the memorial. The plaque shall be inscribed with the names of the persons who are buried in the Topeka state hospital cemetery and shall include such other appropriate information as may be determined by the secretary of administration. The Topeka state hospital cemetery memorial may include such additional memorial features and components as are appropriate, for which funds are available and which are approved by the secretary of administration for the memorial.
(b) The memorial shall be constructed in accordance with design and architectural drawings approved by the director of architectural services. The secretary of administration shall maintain the memorial and the grounds of the Topeka state hospital cemetery. The secretary may contract with private individuals or entities for the maintenance of such memorial and grounds.
(c) The secretary of administration shall appoint an advisory committee of persons who are interested in establishing and maintaining a memorial for persons buried in the Topeka state hospital cemetery to advise the secretary of administration. The members of the advisory committee shall receive no compensation or expense allowances for their service as members of the advisory committee.
(d) The secretary of administration is hereby authorized to accept on behalf of the state any grants, gifts, contributions, bequests or donations of money for the purposes of the memorial for persons who are buried in the Topeka state hospital cemetery. Prior to accepting any such grant, gift, contribution, bequest or donation, the secretary may consult with the advisory committee appointed by the secretary for the Topeka state hospital cemetery. All moneys donated for the memorial for persons buried in the Topeka state hospital cemetery and received and accepted by the secretary of administration shall be paid to the department of administration and shall be deposited to the credit of the Topeka state hospital cemetery memorial gift fund which is hereby established in the state treasury. All expenditures from the Topeka state hospital cemetery memorial gift fund shall be in accordance with vouchers approved by the secretary of administration or the secretary's designee.
(e) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the Topeka state hospital cemetery memorial gift fund interest earnings based on:
(1) The average daily balance of moneys in the Topeka state hospital cemetery memorial gift fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
History: L. 2000, ch. 178, § 1; May 25.
(a) As used in this act:
(1) "Federal entity" means the government of the United States of America or any bureau, department, instrumentality or other agency of the federal government.
(2) "Political subdivision" shall have the meaning ascribed thereto in subsection (o) of K.S.A. 74-8902, and amendments thereto.
(3) "State agency" means any office, department, board, commission, bureau, division, public corporation, agency or instrumentality of this state.
(4) "Energy conservation measure" means an energy study, audit, improvement or equipment which is designed to provide energy and operational cost savings at least equivalent to the amount expended by a participating political subdivision or state agency for such energy study, audit, improvement or equipment over a period of not more than 30 years after the date such improvement or equipment is installed or becomes operational, as the case may be.
(b) Subject to the provisions of subsection (c), a political subdivision or state agency, which include the board of regents and a regent's institution and a community or technical college, may enter into a contract or lease-purchase agreement for an energy conservation measure which meets the criteria of this section. In addition to any other authority provided by law a political subdivision or state agency may solicit proposals to contract for an energy conservation measure by advertising for proposals and qualifications in a newspaper of general circulation or the Kansas register, and by sending requests for proposals to at least three vendors and negotiating a lease-purchase agreement with one or more vendors submitting a proposal thereto. Negotiations entered into pursuant to this section with individual vendors shall not be subject to the provisions of the open meetings act. After an agreement has been executed, the agreement and all proposals from vendors shall be open records available for public inspection in accordance with the open records act. A state agency may utilize the procedures prescribed in K.S.A. 75-37,102, and amendments thereto, by the procurement negotiating committee to negotiate and contract for energy conservation measures. Each state agency shall provide copies of plans of the proposed energy conservation measure to the state corporation commission for review. No state agency may enter into a contract for an energy conservation measure unless such measure has been approved by the state corporation commission. Plans submitted under this section shall be retained and maintained by the state corporation commission.
(c) Before executing any contract or finance, pledge, loan or lease-purchase agreement under this section, the energy conservation contractor shall provide the political subdivision or state agency with plans for the proposed energy conservation measures prepared by an engineer licensed to practice in Kansas. The energy conservation contractor shall also provide a report of the calculations showing the estimated energy and operational cost savings that would result from the proposed energy conservation measures. Notwithstanding any provision contained in K.S.A. 71-201 and 72-1149, and amendments thereto, or other provisions of law, the board of education of any school district and the board of any community college or technical college may enter into a contract or finance, pledge, loan or lease-purchase agreement for an energy conservation measure for a period exceeding 10 years. Political subdivisions and state agencies may include a provision in the contract with an entity providing the energy conservation measure requiring such entity to guarantee that the actual amount of savings of energy and operational costs attributable to the energy conservation measure be not less than the cost of the energy conservation measure over the time specified including financing costs.
(d) Within the limits of appropriations available therefor, the state corporation commission is authorized to provide grants for engineering studies and energy conservation measures for political subdivisions and state agencies.
(e) The state corporation commission, or its designee, may provide administrative support and resources available under the facility conservation improvement program under this section or K.S.A. 75-37,111 et seq., and amendments thereto, as requested by school districts, private and public colleges in Kansas, political subdivisions, state agencies or federal entities for purposes of this section. The state corporation commission, or its designee, may fix, charge and collect reasonable fees for any administrative support and resources or other services provided by the state corporation commission, or its designee, under this subsection.
(f) The provisions of the cash basis law and K.S.A. 79-2925, and amendments thereto, shall not apply to any contract or lease-purchase agreement entered into pursuant to this section.
History: L. 2000, ch. 88, § 1; L. 2006, ch. 88, § 1; L. 2007, ch. 116, § 3; July 1.
As used in K.S.A. 75-37,126 through 75-37,129a, and amendments thereto:
(a) "ASHRAE" means American society of heating, refrigerating and air-conditioning engineers, inc. standard 90.1-2007.
(b) "Energy star" means the joint program of the United States environmental protection agency and the United States department of energy which labels certain products that meet energy efficiency standards adopted for such products.
(c) "IECC" means the 2006 international energy conservation code.
(d) "New construction" means any building or structure which is constructed by the state or any agency of the state and the construction of which commences on or after July 1, 2010.
History: L. 2009, ch. 141, § 17; May 28.
Within 18 months after the effective date of this act, the secretary of administration shall adopt rules and regulations for state agencies for the purchase of products and equipment, including, but not limited to, appliances, lighting fixtures and bulbs, and computers, which meet energy efficiency guidelines which are not less than the guidelines adopted for such products to qualify as an energy star product if the projected cost savings for the useful life of such products and equipment is equal to or greater than the additional cost compared to functionally equivalent products and equipment of lower efficiency.
History: L. 2009, ch. 141, § 18; May 28.
(a) The secretary of administration shall adopt rules and regulations, within 18 months of the effective date of this act, for state agencies for the conduct of an energy audit at least every five years on all state-owned real property. On or before the first day of the 2010 regular session of the legislature and on or before the first day of each ensuing regular session of the legislature, the secretary of administration shall submit a written report to the joint committee on state building construction, the house committee on energy, utilities and telecommunications and the senate committee on utilities, or their successors, and an electronic copy to the legislature, identifying state-owned real property locations in which an excessive amount of energy is being used in accordance with rules and regulations adopted, within 18 months after the effective date of this act, by the secretary of administration concerning energy efficiency performance standards for state-owned real property.
(b) (1) Except as provided in subsection (b)(2), the secretary of administration shall not approve a new lease or a renewal or extension of an existing lease of non-state owned real property unless the lessor has submitted an energy audit for such real property that is the subject of such lease. Within 18 months after the effective date of this act, the secretary of administration shall adopt rules and regulations establishing energy efficiency performance standards which shall apply to leased space and improvements which the lessor shall be required to address based on such energy audit.
(2) An energy audit shall not be required if the secretary of administration determines that it is not economically feasible to conduct such energy audit, and the secretary of administration provides the rationale for that determination in written form to the joint committee on state building construction.
History: L. 2009, ch. 141, § 19; L. 2018, ch. 91, § 2; July 1.
Within the limitations of appropriations therefor, the energy programs division of the state corporation commission shall develop and increase the participation of school districts and local governments in the facilities conservation improvements program pursuant to K.S.A. 75-37,125, and amendments thereto.
History: L. 2009, ch. 141, § 20; May 28.
Within 18 months after the effective date of this act, the secretary of administration shall adopt rules and regulations prescribing energy efficiency performance standards requiring that all new construction and, to the extent possible, renovated state-owned buildings, be designed and constructed to achieve energy consumption levels that meet the levels established under the ASHRAE standard or the IECC, as appropriate, if such levels of energy consumption are life-cycle cost-effective for such buildings and also recommend that new and, to the extent possible, renovated school and municipal buildings meet the same requirements.
History: L. 2009, ch. 141, § 21; May 28.
K.S.A. 75-37,130 through 75-1,135, and amendments thereto, shall be known and may be cited as the professional services sunshine act.
History: L. 2000, ch. 124, § 5; July 1.
As used in the professional services sunshine act:
(a) (1) "Professional services" means services performed under a contract with a state agency by any:
(A) Certified public accountant;
(B) attorney; or
(C) consultant.
(2) "Professional services" shall not include the services of persons who assist in the preparation of expert testimony for litigation or who act as expert witnesses in litigation.
(b) "Consultant" means an individual or firm providing contractual services in the form of professional or technical advice or opinions.
History: L. 2000, ch. 124, § 6; July 1.
(a) Except as provided in this section, all contracts for professional and consultant services, shall be negotiated in accordance with the provisions of K.S.A. 75-37,102, and amendments thereto.
(b) The provisions of subsection (a) shall not apply to any contract for professional or consultant services that the director of purchases determines meets one or more of the criteria established in subsections (a) and (h) of K.S.A. 75-3739, and amendments thereto. When the director of purchases approves a contract for professional or consultant services under this subsection, the director may delegate authority to the agency to enter into the contract under conditions and procedures prescribed by the director.
(c) The provisions of subsection (a) shall not apply to any contract for professional or consultant services that is not anticipated to exceed $25,000 in any fiscal year. Such a contract shall be entered into by the state agency on the basis of competitive negotiations with at least two individuals or firms unless the head of the agency determines that competitive negotiations are not in the best interest of the state. The agency head shall make a report to the director of purchases at least once in each calendar quarter during the term of each contract for professional or consultant services that exceeds $5,000 and that was entered into without competitive negotiations.
(d) The director of purchases shall prepare a detailed report at least once in each calendar quarter during the term of each contract for professional or consultant services that exceeds $5,000 that is entered into under subsection (b) and all contracts for professional or consultant services reported to the director under subsection (c). The director of purchases shall submit such report to the legislative coordinating council, the chairperson of the committee on ways and means of the senate, the chairperson of the committee on appropriations of the house of representatives and the chairperson of the Kansas performance review board.
(e) All contracts for architectural services, engineering services, construction management or ancillary technical services entered into by a state agency shall be entered into in accordance with the provisions of K.S.A. 75-430a, 75-1250 through 75-1266 and 75-5801 through 75-5807, and amendments thereto.
(f) All contracts for professional services entered into by the board of governors of the health care stabilization fund shall be entered into in accordance with the provisions of K.S.A. 40-3410 and 40-3411, and amendments thereto.
(g) Upon written certification from the commissioner of insurance to the director of purchases and the legislative budget committee that an emergency exists and the best interests of the state would be jeopardized by compliance with subsection (a), the provisions of subsections (a) and (c) shall not apply to contracts for legal services performed under article 36 of chapter 40 of the Kansas Statutes Annotated.
(h) In the case of any contract for professional services or consultant services for the board of trustees of the Kansas public employees retirement system that is negotiated in accordance with the provisions of K.S.A. 75-37,102, and amendments thereto:
(1) The negotiating committee shall be composed of the members of the board of trustees, notwithstanding the provisions of subsection (b) of K.S.A. 75-37,102, and amendments thereto, to the contrary; and
(2) the board of trustees shall report each contract for professional services or consultant services entered pursuant to this subsection to the director of purchases, including the rationale of the board of trustees if the bid or proposal selected by the board of trustees was not the lowest cost bid or proposal submitted and a report of such contract and such rationale shall be included in the report submitted by the director of purchases pursuant to subsection (e) of K.S.A. 75-37,102, and amendments thereto.
History: L. 2000, ch. 124, § 7; L. 2001, ch. 209, § 47; May 31.
If a state agency expends grant funds to purchase goods or services for which the state agency receives a direct service or a tangible asset, the procurement of those goods or services shall be subject to K.S.A. 75-3739, 75-37,102 and K.S.A. 75-37,132, and amendments thereto, or other applicable statutes relating to procurement of those goods and services.
History: L. 2000, ch. 124, § 8; July 1.
Nothing in K.S.A. 75-37,132 or 75-37,133, and amendments thereto, shall be construed to allow federal grant moneys received by a state agency to be handled differently from any other moneys of the state unless the requirements of the applicable federal grant specifically require such federal moneys to be handled differently.
History: L. 2000, ch. 124, § 9; July 1.
(a) (1) Prior to entering a contract for legal services where the amount of the fees paid to an attorney or firm of attorneys reasonably may exceed $1,000,000, the director of purchases shall submit the proposed request for proposal to the legislative budget committee. Within 30 days after submission of such request for proposal, the committee may hold a public hearing on the proposed request for proposal and shall issue a report to the director of purchases. The report shall include any proposed changes to the proposed request for proposal suggested by the committee. The committee is not authorized to waive the evidentiary privileges of the state, or any of the persons or entities that state attorneys are representing or acting in concert with in any litigation or anticipated litigation. The committee, the director of purchases and their employees shall take all reasonable steps to protect such privileges. The director of purchases shall review the report and adopt a final request for proposal as deemed appropriate in view of the report and shall file the final request for proposal with the legislative budget committee.
(2) If the proposed request for proposal does not contain the changes proposed by the committee, the director of purchases shall submit with the final request for proposal a letter stating the reasons why such proposed changes were not adopted. The director of purchases shall not release the final request for proposal until at least 10 days after the date of submission of the final request for proposal to the legislative budget committee.
(3) If the legislative budget committee makes no suggested changes to the proposed request for proposal or fails to report any suggested changes within 60 days of the submission of the proposed request for proposal to such committee, the director of purchases may release the request for proposal.
(b) After awarding a contract for legal services where the amount of the fees paid to an attorney or firm of attorneys reasonably may exceed $1,000,000, the director of purchases shall submit the contract to the legislative budget committee. Within 30 days after submission of such contract, the committee may hold a public hearing on the contract and shall issue a report to the director of purchases. The report shall include any concerns of the committee.
(c) The provisions of this section shall not apply in any action in which the state of Kansas or any state agency, officer or employee is a defendant and a contract for legal services is to be entered. The director of purchases shall prepare a report each calendar quarter while such legal proceeding is in progress. Such report shall include the case citation and the date upon which the action was filed. The director of purchases shall submit the report to the legislative coordinating council, the chairperson of the committee on ways and means of the senate, the chairperson of the committee on appropriations of the house of representatives and the chairperson of the Kansas performance review board.
(d) The director of purchases shall prepare a detailed report at least once in each calendar quarter of each legal proceeding which has been completed and for which a contingency fee arrangement was entered. Such report shall disclose the hours worked on the case, the expenses incurred, the aggregate fee amount and a breakdown as to the hourly rate, based on hours worked divided into fee recovered, less expenses. The director of purchases shall submit the report to the legislative coordinating council, the chairperson of the committee on ways and means of the senate, the chairperson of the committee on appropriations of the house of representatives and the chairperson of the Kansas performance review board.
(e) Reasonable attorney fees to be paid by the state or defendant in an action where the attorney was hired by the state with a contingency fee agreement shall be approved by the judge after an evidentiary hearing and prior to final disposition of the case by the district court. Any individual may provide information to the court and be heard before the court with regard to the reasonableness of attorney fees paid by the state or defendant under the contingency fee agreement. Compensation for reasonable attorney fees for services performed in an appeal of a judgment in any such action to the court of appeals shall be approved after an evidentiary hearing by the chief judge or by the presiding judge of the panel hearing the case. Compensation for reasonable attorney fees for services performed in an appeal of a judgment in any such action to the supreme court shall be approved after an evidentiary hearing by the departmental justice for the department in which the appeal originated. In determining the reasonableness of such compensation, the judge or justice shall consider the following:
(1) The time and labor required, the novelty and difficulty of the questions involved and the skill requisite to perform the legal service properly.
(2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the attorney.
(3) The fee customarily charged in the locality for similar legal services.
(4) The amount involved and the results obtained.
(5) The time limitations imposed by the client or by the circumstances.
(6) The nature and length of the professional relationship with the client.
(7) The experience, reputation and ability of the attorney or attorneys performing the services.
(8) Whether the fee is fixed or contingent.
(f) In the case of any contract for legal services for the board of trustees of the Kansas public employees retirement system negotiated or to be negotiated in accordance with the provisions of K.S.A. 75-37,102, and amendments thereto, where the amount of fees paid to an attorney or to a firm of attorneys reasonably may exceed $1,000,000, references to the "director of purchases" in subsections (a), (b) and (c) of this section shall be construed to apply to the board of trustees of the Kansas public employees retirement system and each duty or function prescribed in such subsections shall be assumed and performed by the board of trustees of the Kansas public employees retirement system.
History: L. 2000, ch. 124, § 10; L. 2001, ch. 209, § 48; May 31.
K.S.A. 75-37,141 through 75-37,147, and amendments thereto, shall be known and may be cited as the Kansas alternative project delivery building construction procurement act.
History: L. 2006, ch. 80, § 1; July 1.
As used in the Kansas alternative project delivery construction procurement act, unless the context expressly provides otherwise:
(a) "Act" means the Kansas alternative project delivery building construction procurement act.
(b) "Agency" means the agency or state educational institution, as defined in K.S.A. 76-756, and amendments thereto, with the authority to award public contracts for building design and construction.
(c) "Alternative project delivery" means an integrated comprehensive building design and construction process, including all procedures, actions, sequences of events, contractual relations, obligations, interrelations and various forms of agreement all aimed at the successful completion of the design and construction of buildings and other structures whereby a construction manager or general contractor or building design-build team is selected based on a qualifications and best value approach.
(d) "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 air conditioning, ventilating, heating and other mechanical building systems and testing and consultant services that are determined by the agency to be required for the project.
(e) "Architectural services" means those services described as the "practice of architecture," as defined in K.S.A. 74-7003, and amendments thereto.
(f) "Best value selection" means a selection based upon project cost, qualifications and other factors.
(g) "Building construction" means furnishing labor, equipment, material or supplies used or consumed for the design, construction, alteration, renovation, repair or maintenance of a building or structure. Building construction does not include highways, roads, bridges, dams, turnpikes or related structures, or stand-alone parking lots.
(h) "Building design-build" means a project for which the design and construction services are furnished under one contract.
(i) "Building design-build contract" means a contract between the agency and a design-builder to furnish the architecture or engineering and related design services required for a given public facilities construction project and to furnish the labor, materials and other construction services for such public project.
(j) "Construction services" means the process of planning, acquiring, building, equipping, altering, repairing, improving, or demolishing any structure or appurtenance thereto, including facilities, utilities or other improvements to any real property, excluding highways, roads, bridges, dams, turnpikes or related structures, or stand-alone parking lots.
(k) "Construction management at-risk services" means the services provided by a firm which has entered into a contract with the agency to be the construction manager or general contractor 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 the project and to enter into the trade contracts for a project with the lowest responsible bidder therefor. Construction management at-risk services may include, but are not limited to, scheduling, value analysis, system analysis, constructability reviews, progress document reviews, subcontractor involvement and prequalification, subcontractor bonding policy, budgeting and price guarantees, and construction coordination.
(l) "Construction management at-risk contract" means the contract whereby the state agency acquires from a construction manager or general contractor a series of preconstruction services and an at-risk financial obligation to carry out construction under a specified cost agreement.
(m) "Construction manager or general contractor" means any individual, partnership, joint venture, corporation, or other legal entity who is a member of the integrated project team with the state agency, design professional and other consultants that may be required for the project, who utilizes skill and knowledge of general contracting to perform preconstruction services and competitively procures and contracts with specialty contractors assuming the responsibility and the risk for construction delivery within a specified cost and schedule terms including a guaranteed maximum price.
(n) "Design-builder" means any individual, partnership, joint venture, corporation or other legal entity that furnishes the architectural or engineering services and construction services, whether by itself or through subcontracts.
(o) "Design criteria consultant" means a person, corporation, partnership, or other legal entity duly registered and authorized to practice architecture or professional engineering in this state pursuant to K.S.A. 74-7003, and amendments thereto, and who is employed by contract to the agency to provide professional design and administrative services in connection with the preparation of the design criteria package.
(p) "Design criteria package" means performance-oriented specifications for the public construction project sufficient to permit a design-builder to prepare a response to the division's request for proposals for a building design-build project.
(q) "Director" means the director of the division of facilities management.
(r) "Division of facilities management" means the division of facilities management of the department of administration.
(s) "Engineering services" means those services described as the "practice of engineering," as defined in K.S.A. 74-7003, and amendments thereto.
(t) "Guaranteed maximum price" means the cost of the work as defined in the contract.
(u) "Negotiating committee" means a group of individuals as defined by K.S.A. 75-1251 and 75-5802, and amendments thereto.
(v) "Parking lot" means a designated area constructed on the ground surface for parking motor vehicles. A parking lot included as part of a building construction project shall be subject to the provisions of this act. A parking lot designed and constructed as a stand-alone project shall not be subject to the provisions of this act.
(w) "Preconstruction services" means a series of services that can include, but are not necessarily limited to: Design review, scheduling, cost control, value engineering, constructability evaluation, and preparation and coordination of bid packages.
(x) "Project services" means architectural, engineering services, land surveying, construction management at-risk services, ancillary technical services or other construction-related services determined by the agency to be required by the project.
(y) "Public construction project" means the process of designing, constructing, reconstructing, altering or renovating a public building or other structure. Public construction project does not include the process of designing, constructing, altering or repairing a public highway, road, bridge, dam, turnpike or related structure.
(z) "State building advisory commission" means the state building advisory commission created by K.S.A. 75-3780, and amendments thereto.
(aa) "Stipend" means an amount paid to the unsuccessful proposers to defray the cost of submission of phase II of the building design-build proposal.
History: L. 2006, ch. 80, § 2; L. 2014, ch. 88, § 35; July 1.
(a) Notwithstanding any other provision of the law to the contrary, the state building advisory commission is hereby authorized to institute an alternative project delivery program whereby construction management at-risk or building design-build procurement processes may be utilized on state agency public projects pursuant to this act. This authorization for construction management at-risk and building design-build procurement shall be for the sole and exclusive use of planning, acquiring, designing, building, equipping, altering, repairing, improving, or demolishing any structure or appurtenance thereto, including facilities, utilities, or other improvements to any real property, but shall not include highways, roads, bridges, dams, turnpikes or related structures, or stand-alone parking lots.
(b) To assist in the procurement of alternative project delivery construction services as defined 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 the following:
(1) The firm's capacity and experience, including experience on similar or related projects;
(2) the capabilities and other qualifications of the firm's personnel; and
(3) such other information related to qualifications and capability of the firm to perform construction services for projects as may be described by the secretary of administration.
(c) The state building advisory commission shall approve those projects for which the use of alternative project delivery procurement process is appropriate. In making such determination, the commission shall consider the following factors:
(1) The likelihood that the alternative project delivery method of procurement selected will serve the public interest by providing substantial savings of time or money over the traditional design-bid-build delivery process.
(2) The ability to overlap design and construction phases is required to meet the needs of the end user.
(3) The use of an accelerated schedule is required to make repairs resulting from an emergency situation.
(4) The project presents significant phasing or technical complexities, or both, requiring the use of an integrated team of designers and constructors to solve project challenges during the design or preconstruction phase.
(5) The use of an alternative project delivery method will not encourage favoritism in awarding the public contract or substantially diminish competition for the public contract.
(d) When a request is made for alternative delivery procurement by an agency, the director shall publish a notice in the Kansas register and notify all active general contractor industry associations in the state that the state building advisory commission will be holding a public hearing with the opportunity for comment on such request. Notice shall be published and notifications shall be made at least 15 days prior to the hearing.
(e) Notwithstanding the provisions of K.S.A. 75-3738 through 75-3744, and amendments thereto, if the state building advisory commission finds that the project does not qualify for the alternative project delivery methods included under this act, then the construction services for such project shall be obtained pursuant to competitive bids and all contracts for construction services shall be awarded to the lowest responsible bidder in accordance with procurement procedures determined and administered by the division of facilities management which shall be consistent with the provisions of K.S.A. 75-3738 through 75-3744, and amendments thereto.
(f) The secretary of administration may adopt regulations pursuant to K.S.A. 75-3783, and amendments thereto, for the conduct of the alternative project delivery process.
(g) When it is necessary in the judgment of the agency to obtain project services for a particular project as described under this act, the director shall publish a notice of the request for qualifications and proposals for the required project services at least 15 days prior to the commencement of such request in the Kansas register in accordance with K.S.A. 75-430a, and amendments thereto, notify all active general contractor industry associations in the state of such request at the same time of the notice and publish in such other appropriate manner as may be determined by the agency.
History: L. 2006, ch. 80, § 3; L. 2015, ch. 11, § 2; July 1.
Construction management at-risk project delivery procedures shall be conducted as follows:
(a) The director shall determine the scope and level of detail required to permit qualified construction manager or general contractors to submit construction management at-risk proposals in accordance with the request for proposals given the nature of the project.
(b) Prior to completion of the construction documents, but as early as during the schematic design phase, the construction manager or general contractor shall be selected. The project design professional may be employed or retained by the agency to assist in the selection process. The design professional shall be selected and its contract negotiated in compliance with K.S.A. 75-1257 and 75-5804, and amendments thereto.
(c) The agency shall publish a notice of the request for qualifications and proposals for the required project services at least 15 days prior to the commencement of such requests in the Kansas register in accordance with K.S.A. 75-430a, and amendments thereto, notify all active general contractor industry associations in the state of such request at the same time of the notice and publish in such other appropriate manner as may be determined by the agency.
(d) The director shall solicit proposals in a three stage qualifications based selection process. Phase I shall be the solicitation of qualifications and prequalifying a minimum of three but no more than five construction manager or general contractors to advance to phase II. Phase II shall be the solicitation of a request for proposal for the project, and phase III shall include an interview with each proposer to present their qualifications and answer questions.
(1) Phase I shall require all proposers to submit a statement of qualifications which shall include, but not be limited to:
(A) Similar project experience;
(B) experience in this type of project delivery system;
(C) references from design professionals and owners from previous projects;
(D) description of the construction manager or general contractor's project management approach;
(E) financial statements; and
(F) bonding capacity. Firms submitting a statement of qualifications shall be capable of providing a public works bond in accordance with K.S.A. 60-1111, and amendments thereto, and shall present evidence of such bonding capacity to the state building advisory commission with their statement of qualifications. If a firm fails to present such evidence, such firm shall be deemed unqualified for selection under this subsection.
(2) The state building advisory commission shall evaluate the qualifications of all proposers in accordance with the instructions of the request for qualifications. The state building advisory commission shall prepare a short list containing a minimum of three and maximum of five qualified firms, which have the best and most relevant qualifications to perform the services required of the project, to participate in phase II of the selection process. If three qualified proposers cannot be identified, the selection process shall cease. The state building advisory commission shall have discretion to disqualify any proposer that, in the state building advisory commission's opinion, lacks the minimal qualifications required to perform the work.
(3) Phase II of the process shall be conducted as follows:
(A) Prequalified firms selected in phase I shall be given a request for proposal. The request for proposal shall require all proposers to submit a more in depth response including, but not be limited to:
(i) Company overview;
(ii) experience or references, or both, relative to the project under question;
(iii) resumes of proposed project personnel;
(iv) overview of preconstruction services;
(v) overview of construction planning; and
(vi) proposed safety plan.
(B) All proposers shall submit proposed fees, in a format required by the department of administration including fees for preconstruction services, fees for general conditions, fees for overhead and profit and fees for self-performed work, if any, directly and only to the secretary of administration. The secretary of administration shall consider and make recommendations to the negotiating committee on the fees. The recommendations of the secretary of administration to the negotiating committee shall be open for public view. The scores on fees shall not account for more than 25% of the total possible score.
(4) Phase III shall be conducted as follows:
(A) Once all proposals have been submitted, the negotiating committee shall interview all of the proposers, allowing the competing firms to present their proposed team members, qualifications, project plan and to answer questions. Interview scores shall not account for more than 50% of the total possible score.
(B) The negotiating committee shall select the firm providing the best value based on the proposal criteria, weighting factors utilized to emphasize important elements of each project and recommendation of the secretary of administration. All scoring criteria and weighting factors shall be identified by the agency in the request for proposal instructions to proposers. The negotiating committee shall proceed to negotiate with and attempt to enter into contract with the firm receiving the best total score to serve as the construction manager or general contractor for the project. The negotiations shall proceed in accordance with the same process with which negotiations are undertaken to contract with design professionals under K.S.A. 75-1250 and 75-5804, and amendments thereto, to the extent that such provisions are consistent with this act. Should the negotiating committee be unable to negotiate a satisfactory contract with the firm scoring the best total score, negotiations with that firm shall be terminated, and the committee shall undertake negotiations with the firm with the next best total score, in accordance with this act.
(C) If the negotiating committee determines, that it is not in the best interest of the agency to proceed with the project pursuant to the proposals offered, the negotiating committee shall reject all proposals. If all proposals are rejected, the director may solicit new proposals using different design criteria, budget constraints or qualifications.
(D) The contract to perform construction management at-risk services for a project shall be prepared by the secretary of administration and entered into between the agency and the firm performing such construction management at-risk services. A construction management at-risk contract utilizing a cost plus guaranteed maximum price contract value shall return all savings under the guaranteed maximum price to the agency.
(E) The director shall publish a construction services bid notice in the Kansas register and in such other appropriate manner for the construction manager or general contractor as may be determined by the state agency. Each construction services bid notice shall include the request for bids and other bidding information prepared by the construction manager or general contractor and the state agency 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 or general contractor and the state agency 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. The agency may allow the construction manager or general contractor to self-perform construction services provided the construction manager or general contractor submits a bid proposal under the same conditions as all other competing firms. 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 or general contractor shall evaluate the bids and shall determine the lowest responsible bidder except in the case of self-performed work for which the agency and the department of administration shall determine the lowest responsible bidder. The construction manager or general contractor shall enter into a contract with each firm performing the construction services for the project and make a public announcement of each firm selected in accordance with this subsection.
History: L. 2006, ch. 80, § 4; L. 2015, ch. 11, § 3; July 1.
Building design-build project delivery procedures shall be conducted as follows:
(a) The director shall determine the scope and level of detail required to permit qualified persons to submit building design-build proposals in accordance with the request for proposals given the nature of the project.
(b) Notice of requests for proposals shall be advertised in accordance with K.S.A. 75-430a, and amendments thereto. The director shall publish a notice and notify all active general contractor industry associations in the state of a request for proposal with a description of the project, the procedures for submittal and the selection criteria to be used.
(c) The director shall establish in the request for proposal a time, place and other specific instructions for the receipt of proposals. Proposals not submitted in strict accordance with such instructions shall be subject to rejection.
(d) A request for proposals shall be prepared for each building design-build contract containing at minimum the following elements:
(1) The procedures to be followed for submitting proposals, the criteria for evaluation of proposals and their relative weight, and the procedures for making awards.
(2) The proposed terms and conditions for the building design-build contract.
(3) The design criteria package.
(4) A description of the drawings, specifications or other information to be submitted with the proposal, with guidance as to the form and level of completeness of the drawings, specifications or other information that will be acceptable.
(5) A schedule for planned commencement and completion of the building design-build contract.
(6) Budget limits for the building design-build contract, if any.
(7) Requirements, including any available ratings for performance bonds, payment bonds and insurance.
(8) Any other information that the agency at its discretion chooses to supply, including without limitation, surveys, soil reports, drawings of existing structures, environmental studies, photographs or references to public records.
(e) The director shall solicit proposals in a three-stage process. Phase I shall be the solicitation of qualifications of the building design-build team. Phase II shall be the solicitation of a technical proposal including conceptual design for the project and phase III shall be the proposal of the construction cost.
(1) The state building advisory commission shall review the submittals of the proposers and assign points to each proposal as prescribed in the instructions of the request for proposal.
(2) Phase I shall require all proposers to submit a statement of qualifications which shall include, but not be limited to, the following:
(A) Demonstrated ability to perform projects comparable in design, scope and complexity.
(B) References of owners for whom building design-build projects have been performed.
(C) Qualifications of personnel who will manage the design and construction aspects of the project.
(D) The names and qualifications of the primary design consultants and contractors with whom the building design-builder proposes to subcontract. The building design-builder may not replace an identified subcontractor or subconsultant without the written approval of the agency.
(E) Firms submitting a statement of qualifications shall be capable of providing a public works bond in accordance with K.S.A. 60-1111, and amendments thereto, and shall present evidence of such bonding capability to the state building advisory commission with their statement of qualifications. If a firm fails to present such evidence, such firm shall be deemed unqualified for selection under this subsection.
(3) The state building advisory commission shall evaluate the qualifications of all proposers in accordance with the instructions prescribed in the request for proposal. Designers on the project shall be evaluated in accordance with the requirements of K.S.A. 74-7003, and amendments thereto. Qualified proposers selected by the evaluation team may proceed to phase II of the selection process. Proposers lacking the necessary qualifications to perform the work shall be disqualified and shall not proceed to phase II of the process. Under no circumstances shall price or fees be considered as a part of the prequalification criteria. Points assigned in the phase I evaluation process shall not carry forward to phase II of the process. All qualified proposers shall be ranked on points given in phases II and III only. The two phase evaluation and scoring process shall be combined to determine the greatest value to the state agency.
(4) The state building advisory commission shall have discretion to disqualify any proposer, which in the state building advisory commission's opinion, lacks the minimal qualifications required to perform the work.
(5) The state building advisory commission shall prepare a short list containing a minimum of three, but no more than the top five qualified proposers to participate in phase II of the process. If three qualified proposers cannot be identified, the contracting process shall cease.
(6) Phase II of the process shall be conducted as follows:
(A) Proposers shall submit their design for the project to the level of detail required in the request for proposal. The design proposal should demonstrate compliance with the requirements set out in the request for proposal.
(B) Up to 20% of the points awarded to each proposer in phase II may be based on each proposer's qualifications and ability to design, construct and deliver the project on time and within budget.
(C) The design proposal shall not contain any reference to the cost of the proposal.
(D) The design submittals shall be evaluated and assigned points in accordance with the requirements of the request for proposal.
(7) Phase III shall be conducted as follows:
(A) The phase III proposal shall provide a firm fixed cost of construction. The proposal shall be accompanied by bid security and any other submittals as required by the request for proposal.
(B) The proposed contract time, in calendar days, for completing a project as designed by a proposer shall be considered as an element of evaluation in phase III. The request for proposal shall establish a user delay value for each proposed calendar day identified in the proposal.
(C) Cost and schedule proposals shall be submitted in accordance with the instructions of the request for proposal. Failure to submit a cost proposal on time shall be cause to reject the proposal.
(8) Proposals for phase II and III shall be submitted concurrently at the time and place specified in the request for proposal. The phase III cost proposals shall be opened only after the phase II design proposals have been evaluated and assigned points.
(9) Phase III cost and schedule, which shall prescribe containing the number of calendar days, proposals shall be opened and read aloud at the time and place specified in the request for proposal. At the same time and place, the evaluation team shall make public its scoring of phase II. Cost proposals shall be evaluated in accordance with the requirements of the request for proposal. In evaluating the proposals, each proposers' adjusted score shall be determined by adding the phase III cost proposal to the product of the proposed contract time and the user delay cost, and dividing that sum by the phase II score.
(10) The responsive proposer with the lowest total number of points shall be awarded the contract. If the director determines, that it is not in the best interest of the state to proceed with the project pursuant to the proposal offered by the proposer with the lowest total number of points, the director shall reject all proposals. In such event, all qualified proposers with higher point totals shall receive a stipend pursuant to subsection (e)(12) of this section, and amendments thereto, of this act, and the proposer with the lowest total number of points shall receive an amount equal to two times such stipend.
(11) If all proposals are rejected, the negotiating committee may solicit new proposals using different design criteria, budget constraints or qualifications.
(12) As an inducement to qualified proposers, the agency shall pay a stipend, the amount of which shall be established in the request for proposal, to each prequalified building design-builder whose proposal is substantially responsive but not accepted. Upon payment of the stipend to any unsuccessful building design-build proposer, the state shall acquire a nonexclusive right to use the design submitted by the proposer, and the proposer shall have no further liability for its use by the state in any manner. If the building design-build proposer desires to retain all rights and interest in the design proposed, the proposer shall forfeit the stipend.
History: L. 2006, ch. 80, § 5; L. 2015, ch. 11, § 4; July 1.
Every bid conforming to the terms of the advertisement, together with the name of the bidder, shall be recorded, and all such records with name of the successful bidder indicated thereon shall, after award or letting of the contract, be subject to public inspection upon request. The secretary of administration shall, within five days after award or letting of the contract, publish the name of the successful bidder. The public notice on public display shall show the phase II and III scores and the adjusted final score. The secretary of administration shall, within five days after award or letting of the contract, have the names of all proposers whose bids were not selected, together with phase II and III scores and the final adjusted score for each, available for public review.
History: L. 2006, ch. 80, § 6; July 1.
The provisions of the Kansas alternative project delivery building construction procurement act shall not apply to the process of designing, constructing, altering or repairing a public highway, road, bridge, dam, turnpike or related structures, or stand-alone parking lots.
History: L. 2006, ch. 80, § 7; July 1.
(a) Notwithstanding any other statute, on and after the effective date of this section, no real estate located within or without the state of Kansas, nor any interest therein, may be transferred to the state of Kansas or any agency or instrumentality thereof: (1) Through any probate proceeding, except upon the express, written prior consent of the secretary of administration and the attorney general, which shall be filed with the probate court; or (2) otherwise without consideration, except upon the express, written prior consent of the secretary of administration and such agency or instrumentality, if any, receiving such real estate.
(b) The attorney general may bring a civil action to declare any transfer in violation of this section void ab initio or for such other relief as the attorney general may deem appropriate.
(c) As used in this section, "agency" means any state office, department, board, commission, bureau or other state authority. "Agency" shall not include a state educational institution as defined in K.S.A. 76-711, and amendments thereto, a community college as defined in K.S.A. 71-701(d), and amendments thereto, or the department of transportation.
History: L. 2017, ch. 98, § 1; June 29.
(a) Beginning in calendar year 2019, a financial-compliance audit shall be conducted each year of the general purpose financial statements prepared by the division of accounts and reports of the department of administration for its annual financial report. The first financial-compliance audit shall examine the general purpose financial statements for fiscal year 2019. This audit shall be conducted in accordance with generally accepted governmental auditing standards. The resulting written audit report shall be issued as soon after the end of the fiscal year as is practicable, but shall be completed no later than the deadlines as set forth in K.S.A. 75-37,158, and amendments thereto.
(b) (1) Beginning in fiscal year 2020, and once every two years thereafter, separate written audit reports on the financial management practices of the office of the state treasurer and the pooled money investment board shall be prepared addressing the adequacy of financial management practices and compliance with applicable state laws. The separate audit of the pooled money investment board also shall include a comparative investment performance review and an analysis of the investment program, including an evaluation of investment policies and practices and of specific investments in the pooled money investment portfolio. The analysis of the specific investments in the pooled money investment portfolio shall review whether such investments meet the investment priorities of safety, liquidity and performance. The performance of such investments shall be measured by comparison to an appropriate market index. The resulting written audit report shall be completed no later than the deadlines as set forth in K.S.A. 75-37,158, and amendments thereto.
(2) In addition, whenever an individual is first elected or appointed and qualified to the office of the state treasurer, there shall be conducted a transition audit within two weeks after the date such individual enters upon the duties of the office of the state treasurer. The purpose of the transition audit shall be to review the assets in the custody of the office of the state treasurer for significant discrepancies at the time of the transition. A separate written report shall be prepared for each transition audit.
(3) Any additional costs associated with preparing the separate additional reports on the office of the state treasurer and the pooled money investment board shall be borne by the office of the state treasurer and the pooled money investment board in accordance with K.S.A. 75-37,159, and amendments thereto.
(c) (1) Books and accounts of the state treasurer and the director of accounts and reports, including the bond register of the state treasurer, may be examined monthly if the department of administration audit contract committee so determines, and such examination may include detailed checking of every transaction or test checking.
(2) Any person receiving tax information under the provisions of subsection (a) or (b) shall be subject to the same duty of confidentiality imposed by law upon the personnel of the department of revenue and shall be subject to any civil or criminal penalties imposed by law for violations of such duty of confidentiality.
History: L. 2018, ch. 89, § 11; May 24.
(a) Beginning in fiscal year 2019, the department of administration shall be responsible for procuring and managing audit services for any audit of the financial affairs and transactions of a state agency that is required to comply with federal government audit requirements for receiving federal awards or grants.
(b) As used in this section, "state agency" means any state office, officer, department, board, commission, institution, bureau, agency or authority or any division or unit thereof.
History: L. 2018, ch. 89, § 12; May 24.
(a) There is hereby created the department of administration contract audit committee, which shall consist of the following members: (1) The secretary of administration or a person designated by the secretary of administration; (2) the director of accounts and reports or a person designated by the director of accounts and reports; (3) the post auditor or a person designated by the post auditor; (4) the state treasurer or a person designated by the state treasurer; and (5) the director of the budget or a person designated by the director of the budget. The secretary of administration or the person designated by the secretary to serve as a member of the department of administration contract audit committee shall be the chairperson of the committee.
(b) The department of administration contract audit 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 such action of the committee.
History: L. 2018, ch. 89, § 13; May 24.
(a) In the procurement of a firm or firms to perform an audit required by K.S.A. 75-37,152 and 75-37,153, and amendments thereto, the secretary of administration shall encourage firms engaged in the lawful practice of their professions to place their names on a list maintained by the secretary of firms to receive requests for proposals on audit contracts.
(b) The secretary of administration shall establish specifications for the conduct by a firm or firms of an audit required by K.S.A. 75-37,152 and 75-37,153, 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. 75-37,152 and 75-37,153, and amendments thereto, the secretary of administration 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 secretary shall evaluate the proposals received in response to the request 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 secretary, qualified to perform such audit. Such list shall be submitted to the department of administration audit contract committee.
History: L. 2018, ch. 89, § 14; May 24.
(a) The department of administration audit contract committee may conduct discussions with each of the firms submitted by the secretary of administration and then shall select a firm or firms from such listing to provide an audit as required by K.S.A. 75-37,152 and 75-37,153, and amendments thereto.
(b) The department of administration audit contract committee shall consider, in making their selection, qualifications of the firm and staff, the technical proposal and fee.
(c) If the department of administration audit contract committee is unable to contract with any of the selected firms, the committee shall request the secretary of administration 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, § 15; May 24.
(a) Each contract for an audit required by K.S.A. 75-37,152 and 75-37,153, and amendments thereto, entered into under K.S.A. 75-37,155 and 75-37,156, and amendments thereto, shall be entered into between the secretary of administration and the firm selected to perform the audit. Each such contract shall require the firm selected to submit evidence that is satisfactory to the department of administration 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 that 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, § 16; May 24.
(a) The department of administration audit contract committee shall monitor the performance of the firm conducting an audit pursuant to a contract entered into under K.S.A. 75-37,157, and amendments thereto, to ensure that such audit is performed in accordance with the specifications developed for the conduct of such audit.
(b) Written reports from audits required by K.S.A. 75-37,152 and 75-37,153, and amendments thereto, shall be issued according to the following deadlines:
(1) For an audit of the state financial statements required by K.S.A. 75-37,152(a), and amendments thereto, a final written report shall be issued to the secretary of administration and to the legislative post audit committee by December 1 following the audited fiscal year;
(2) for a biennial audit of the state treasurer's office and the pooled money investment board required by K.S.A. 75-37,152(b), and amendments thereto, a final written report shall be issued to the state treasurer or the pooled money investment board, as appropriate, and to the secretary of administration and the legislative post audit committee by December 1 following the audited fiscal year; and
(3) for a federal compliance audit required by K.S.A. 75-37,153, and amendments thereto, a final written report shall be issued to the secretary of administration and the legislative post audit committee not less than 15 calendar days before the federal deadline for such report.
(c) In the performance of an audit pursuant to K.S.A. 75-37,152 and 75-37,153, and amendments thereto, 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 or state agency subject to the audit.
History: L. 2018, ch. 89, § 17; May 24.
(a) Whenever the secretary of administration contracts with a firm to perform any audit work for any state agency to satisfy financial-compliance audit requirements prescribed by K.S.A. 75-37,152 and 75-37,153, and amendments thereto, and incurs costs in addition to those attributable to the operations of the department of administration in performance of other duties and responsibilities, the secretary shall make charges for such additional costs.
(b) All moneys received for reimbursement to the department of administration 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 department of administration audit services fund, which fund is hereby created in the state treasury. All expenditures from the department of administration audit 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 of administration or a person or persons designated by the secretary.
History: L. 2018, ch. 89, § 18; May 24.
(a) Each state agency awarded a federal grant or other federal financial assistance that is subject to an audit pursuant to K.S.A. 75-37,153, and amendments thereto, as a condition of such grant or assistance shall notify the secretary of administration immediately of the award of such grant or assistance. Based on the amount and nature of federal moneys received by the state agency, the secretary shall compute annually the amount of federal moneys reasonably anticipated to be required to provide audit coverage in accordance with federal requirements. The amounts determined for such audits shall be reviewed and approved by the department of administration audit contract committee. Upon such approval, the state agency, in accordance with K.S.A. 75-37,159, and amendments thereto, shall reimburse the secretary of administration for the amount approved by the contract audit committee.
(b) The secretary of administration shall compute the amount of money reasonably anticipated to be required to provide a financial-compliance audit as required pursuant to K.S.A. 75-37,153, and amendments thereto. The amounts determined for such audits shall be reviewed and approved by the department of administration contract audit committee.
(c) The secretary of administration shall remit all money received 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 audit services fund.
(d) In addition to expenditures that may be made from the department of administration audit services fund under K.S.A. 75-37,159, and amendments thereto, expenditures shall be made from such fund, and from other available appropriations, to pay for the cost of financial-compliance audits performed to comply with federal government audit requirements.
History: L. 2018, ch. 89, § 19; May 24.
The division of post audit is hereby exempt from paying any monumental building surcharge charged and collected by the department of administration or any other state agency that is levied against all state agency-leased square footage in Shawnee county.
History: L. 2018, ch. 91, § 1; July 1.
(a) There is hereby established, within the department of administration, the division of the state employee health benefits plan. The head of the division shall be the director of the state employee health benefits plan, who shall be appointed by and serve under the direction of the secretary of administration. 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 administration and approved by the governor.
(b) (1) The secretary of administration shall appoint, in accordance with the provisions of the Kansas civil service act, such employees as maybe needed, in the judgment of the secretary and director, to carry out the powers and duties of the state employee health benefits plan.
(2) All officers and employees of the division of the state employee health benefits plan shall act for and exercise the powers of the director of the state employee health benefits plan to the extent that authority to do so is delegated by the secretary and director. Subject to the provisions of K.S.A. 75-3702j, and amendments thereto, the secretary and director may organize the division of the state employee health benefits plan in the manner deemed most efficient.
History: Executive Reorganization Order No. 45, § 1; July 1, 2020.
All powers, duties and functions of the staff of the division of health care finance of the department of health and environment established in K.S.A. 65-1,252 through 65-1,258, and amendments thereto, K.S.A. 75-7405(c)(7) and (8), and K.S.A. 75-6501 through 75-6523 and amendments thereto involving the administration of the state employee health benefits plan are hereby transferred to and imposed upon the department of administration, under the direction of the secretary of administration, and its division of the state employee health benefits plan, under the direction of the director of the state employee health benefits plan.
History: Executive Reorganization Order No. 45, § 2; July 1, 2020.
(a) The department of administration and the division of the state employee health benefits plan shall be the successor in every way to the powers, duties and functions of the division of health care finance of the department of health and environment involving the administration of the state employee health benefits plan in which the same were vested pursuant to K.S.A. 65-1,252 through 65-1,258, and amendments thereto, and that are transferred pursuant to this order.
(b) Every act performed in the exercise of such transferred powers, duties and functions by or under the authority of the department of administration and the division of the state employee health benefits plan, the secretary of administration or the director of the state employee health benefits plan, involving the administration of the state employee health benefits plan, shall be deemed to have the same force and effect as if performed by the division of health care finance of the department of health and environment in which the same were vested pursuant to K.S.A. 65-1,252 through 65-1,258, and amendments thereto, in which such powers, duties and functions were vested prior to the effective date of this order.
(c) Whenever the division of health care finance of the department of health and environment or words of like effect are referred to or designated by a statute, contract, memorandum of agreement or other document and such reference is in regard to any of the powers, duties or functions transferred to the department of administration and its division of the state employee health benefits plan, such reference or designation shall be deemed to apply to the department of administration and the division of the state employee health benefits plan.
(d) All rules and regulations, orders and directives of the division of health care finance of the department of health and environment that relate to the 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 administration until revised, amended, repealed or nullified pursuant to law.
History: Executive Reorganization Order No. 45, § 3; July 1, 2020.
(a) The balances of all funds or accounts thereof appropriated or re-appropriated for the division of health care finance of the department of health and environment or any state agency, department, board, commission or council, relating to the powers, duties and functions involving the administration of the state employee health benefits plan by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, are hereby transferred within the state treasury to the department of administration for the division of the state employee health benefits plan 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 administration and the division of the state employee health benefits plan pursuant to this order shall be assumed and paid by the division of the state employee health benefits plan of the department of administration.
History: Executive Reorganization Order No. 45, § 4; July 1, 2020.
(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 this order, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The division of the state employee health benefits plan in the department of administration shall succeed to all property, property rights, contracts and records that were used for or pertain to the performance of powers, duties and functions involving the administration of the state employee health benefits plan that were transferred to the division of health care finance in the department of health and environment pursuant to K.S.A. 65-1,252 through 65-1,258, and amendments thereto. Any conflict as to the proper disposition of property, personnel or records arising under the provisions of this order, shall be determined by the governor, whose decision shall be final.
History: Executive Reorganization Order No. 45, § 5; July 1, 2020.
(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 K.S.A. 65-1,252 through 65-1,258, 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 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. 45, § 6; July 1, 2020.
(a) All officers and employees of the division of health care finance 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 involving the administration of the state employee health benefits plan and 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 administration 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 the state employee health benefits plan of the department of administration. All classified officers and employees so transferred shall retain their status as classified employees.
(b) Officers and employees of the division of health care finance of the department of health and environment 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 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 division of health care finance of the department of health and environment 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 division of health care finance of the department of health and environment to the division of the state employee health benefits plan of the department of administration shall commence at the start of a payroll period.
History: Executive Reorganization Order No. 45, § 7; July 1, 2020.
(a) All powers, duties and functions of the staff of the department of health and environment established in K.S.A. 44-575 through 44-580, and amendments thereto, involving the administration of the state workers compensation self-insurance fund are hereby transferred to and imposed upon the department of administration, under the direction of the secretary of administration, and its division of the state employee health benefits plan, under the direction of the director of the state employee health benefits plan.
(b) The secretary of administration shall administer the state workers compensation self-insurance fund and all payments from such fund shall be upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of administration or a person or persons designated by the secretary. The director of accounts and reports may issue warrants pursuant to vouchers approved by the secretary for payments from the state workers compensation self-insurance fund not-withstanding the fact that claims for such payments were not submitted or processed for payment from money appropriated for the fiscal year in which the state workers compensation self-insurance fund first became liable to make such payments.
(c) The secretary of administration shall remit all moneys received by or for the secretary in the capacity as administrator of the state workers compensation self-insurance 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 to the credit of the state workers compensation self-insurance fund.
(d) The balances of all funds or accounts thereof appropriated or re-appropriated for the division of health care finance of the department of health and environment or any state agency, department, board, commission or council, relating to the powers, duties and functions involving the administration of the state workers compensation self-insurance fund are hereby transferred within the state treasury to the department of administration for the division of the state employee health benefits plan and shall be used only for the purpose for which the appropriation was originally made. Liability for all accrued compensation or salaries of officers and employees who are transferred to the department of administration and the division of the state employee health benefits plan pursuant to this order shall be assumed and paid by the division of the state employee health benefits plan of the department of administration.
(e) There is hereby established the state workplace health and safety program within the state workers compensation self-insurance program of the department of administration. The secretary of administration shall implement and the division of industrial health and safety of the Kansas department of labor shall assist in administering the state workplace health and safety program for state agencies. The state workplace health and safety program shall include, but not be limited to:
(1) Workplace health and safety hazard surveys in all state agencies, including onsite interviews with employees;
(2) workplace health and safety hazard prevention services, including inspection and consultation services;
(3) procedures for identifying and controlling workplace hazards;
(4) development and dissemination of health and safety informational materials, plans, rules and work procedures; and
(5) training for supervisors and employees in healthful and safe work practices.
(f) Except as provided in this order, the secretary of administration shall be the successor in every way to the powers, duties and functions of the secretary of health and environment that relate to the state workers compensation self-insurance fund, in which the same were vested prior to the effective date of this order.
(g) All orders and directives of the secretary of health and environment that relate to the state workers compensation self-insurance fund in existence immediately prior to the effective date of this order shall continue to be effective and shall be deemed to be the orders or directives of the secretary of administration, until revised, amended, repealed or nullified pursuant to law.
(h) The secretary of administration shall succeed to all property, property rights, contracts and records that were used for or pertain to the performance of the powers, duties and functions transferred to the secretary of administration from the division of the state workers compensation self-insurance fund of the department of health and environment pursuant to this order. Any conflicts as to the proper disposition of property, property rights, contracts and records arising under this section shall be resolved by the governor, whose decision shall be final.
(i) All officers and employees of the division of the state workers compensation self-insurance fund 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 involving the administration of the state workers compensation self-insurance fund and 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 administration 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 administration, under the direction of the secretary of administration, and its division of the state employee health benefits plan. All classified officers and employees so transferred shall retain their status as classified employees.
(j) Officers and employees of the division of the state workers compensation self-insurance fund of the department of health and environment 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 division of the state workers compensation self-insurance fund of the department of health and environment prior to the date of transfer.
History: Executive Reorganization Order No. 45, § 8; July 1, 2020.
(a) All claims for compensation under the workers compensation act against any state agency for claims arising on and after July 1, 1974, and claims for compensation remaining from the self-insurance program which existed prior to July 1, 1974, for institutional employees of the commission of community services and programs of the Kansas department for aging and disability services shall be made against the state workers compensation self-insurance fund. Such claims shall be served upon the secretary of administration in the secretary's capacity as administrator of the state workers compensation self-insurance fund in the manner provided for claims against other employers under the workers compensation act. The chief attorney for the department administration, or another attorney of the department of administration designated by the chief attorney, shall represent and defend the state workers compensation self-insurance fund in all proceedings under the workers compensation act.
(b) The secretary of administration shall investigate, or cause to be investigated, each claim for compensation against the state workers compensation self-insurance fund. For the purposes of such investigations, the secretary of administration is authorized to obtain expert medical advice regarding the injuries, occupational diseases and disabilities involved in such claims. If, based upon such investigation and any other available information, the secretary of administration finds that there is no material dispute as to any issue involved in the claim, that the claim is valid and that the claim should be settled by agreement, the secretary of administration may proceed to enter into such an agreement with the claimant, for the state workers compensation self-insurance fund. Any such agreement may provide for lump-sum settlements subject to approval by the director and all such agreements shall be filed in the office of the director for approval as provided in K.S.A. 44-527, and amendments thereto. All other claims for compensation against such fund shall be paid in accordance with the workers compensation act pursuant to final awards or orders of an administrative law judge or the board or pursuant to orders and findings of the director under the workers compensation act.
(c) For purposes of the workers compensation act, a volunteer member of a regional emergency medical response team as provided in K.S.A. 48-928, and amendments thereto, shall be considered a person in the service of the state in connection with authorized training and upon activation for emergency response, except when such duties arise in the course of employment or as a volunteer for an employer other than the state.
History: Executive Reorganization Order No. 45, § 9; July 1, 2020.
The secretary of administration may adopt rules and regulations necessary for the administration of the state workers compensation self-insurance fund, including the processing and settling of claims for compensation made against such fund.
History: Executive Reorganization Order No. 45, § 10; July 1, 2020.
(a) The department of administration shall adopt written policies governing the negotiated procurement of state medicaid services to be provided by managed care organizations pursuant to a contract with the Kansas program of medical assistance governed by K.S.A. 75-37,102, and amendments thereto.
(b) Such policy shall include:
(1) A prohibition on destruction of records, including evaluation documents, that complies with the Kansas open records act;
(2) adoption of a tiebreak procedure if part of the evaluation process used to make award recommendations involves scoring by individuals or committees;
(3) a requirement to be transparent with the legislature during each step of the procurement process to the fullest extent permitted by state law; and
(4) an appeals process. Appeals shall be overseen and adjudicated by an appeals committee. Such committee shall be comprised of the president of the senate, the chairperson and ranking minority member of the senate standing committee on financial institutions and insurance, the chairperson and ranking minority member of the senate standing committee on public health and welfare, the speaker of the house of representatives, the chairperson and ranking minority member of the house standing committee on insurance and the chairperson and ranking minority member of the house standing committee on health and human services. Such appeals committee shall oversee and adjudicate appeals pursuant to this section in accordance with policies adopted by the department of administration.
(c) Policies required by this section shall be adopted and implemented prior to July 1, 2026.
History: L. 2025, ch. 106, § 1; July 1.
History: L. 1953, ch. 375, §§ 78, 79; Repealed, L. 1971, ch. 185, § 21; April 27.
Revisor's Note: Section transferred to 75-516.
History: L. 1953, ch. 375, §§ 81 to 86; Repealed, L. 1971, ch. 185, § 21; April 27.
Revisor's Note: Section transferred to 75-517.
History: L. 1935, ch. 275, § 6; Repealed, L. 1971, ch. 185, § 21; April 27.
Revisor's Note: Sections relating to Department of Wildlife and Parks transferred to 32-801 through 32-806.
Except as otherwise provided in this order, on the effective date of this order, 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 that is abolished by this order, or that becomes a part of the Kansas department of wildlife and parks, or the powers, duties and functions of which are transferred to the secretary of wildlife and parks, and who, in the opinion of the secretary of wildlife and parks, are necessary to perform the powers, duties and functions of the Kansas department of wildlife and parks, 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 that had accrued to or vested in such officer or employee prior to the effective date of this order. The service of each such officer and employee so transferred shall be deemed to have been continuous.
History: L. 1987, ch. 417, § 7; L. 2012, ch. 47, § 118; L. 2023, ch. 7, § 132; 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, transfer, attachment or change made by or under authority of this order, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The Kansas department of wildlife and parks shall succeed to all property, property rights and records that were used for or pertain to the performance of the powers, duties and functions transferred to the secretary of wildlife and parks. 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 office, or all or part of the powers, duties and functions thereof, shall be determined by the governor, whose decision shall be final.
History: L. 1987, ch. 417, § 8; L. 2012, ch. 47, § 119; L. 2023, ch. 7, § 133; 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 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: L. 1987, ch. 417, § 9; July 1.
(a) On the effective date of this order, the balance of all funds appropriated and reappropriated to any of the state agencies abolished by this order is hereby transferred to the Kansas department of wildlife and parks and shall be used only for the purpose for which the appropriation was originally made.
(b) On the effective date of this order, 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 order, or that becomes a part of the Kansas department of wildlife and parks established by this order, or the powers, duties and functions of which are transferred to the secretary of wildlife and parks provided for by this order, shall be assumed and paid by the Kansas department of wildlife and parks established by this order.
History: L. 1987, ch. 417, § 10; L. 2012, ch. 47, § 120; L. 2023, ch. 7, § 134; July 1.
As used in this act:
(a) "Public security" means a bond, note, certificate of indebtedness, or other obligation for the payment of money, issued by this state or by any of its departments, agencies, boards, or other instrumentalities or by any of its political or taxing subdivisions.
(b) "Instrument of payment" means a check, draft, warrant, or order for the payment, delivery, or transfer of funds.
(c) "Authorized officer" means any official of this state or any of its departments, agencies, boards, or other instrumentalities or any of its political or taxing subdivisions whose signature to a public security or instrument of payment is required or permitted.
(d) "Facsimile signature" means a reproduction by engraving, imprinting, stamping, or other means of the manual signature of an authorized officer.
History: L. 1963, ch. 65, § 1; July 1.
Any authorized officer, after filing with the secretary of state his or her manual signature certified by him or her under oath, may execute or cause to be executed with a facsimile signature in lieu of his or her manual signature: (a) Any public security, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and (b) any instrument of payment. Upon compliance with this act by the authorized officer, his or her facsimile signature has the same legal effect as his or her manual signature.
History: L. 1963, ch. 65, § 2; July 1.
When the seal of this state or any of its departments, agencies, boards, officers, or other instrumentalities or of any of its political or taxing subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal.
History: L. 1963, ch. 65, § 3; July 1.
Any person who with intent to defraud uses on a public security or an instrument of payment:
(a) A facsimile signature, or any reproduction of it, of any authorized officer shall on conviction be adjudged guilty of forgery as defined in K.S.A. 21-5823, and amendments thereto; or
(b) Any facsimile seal, or any reproduction of it, of this state or any of its departments, agencies, boards, officers, or other instrumentalities or of any of its political or taxing subdivisions shall on conviction be adjudged guilty of forgery as defined in K.S.A. 21-5823, and amendments thereto.
History: L. 1963, ch. 65, § 4; L. 2011, ch. 30, § 274; July 1.
This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
History: L. 1963, ch. 65, § 5; July 1.
This act may be cited as the uniform facsimile signature of public officials act.
History: L. 1963, ch. 65, § 6; July 1.
If any provision of this act or the application thereof to any person or circumstance 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. 1963, ch. 65, § 7; July 1.
(a) There is hereby created a committee on surety bonds and insurance, which shall consist of the state treasurer, the attorney general and the commissioner of insurance or their respective designees. The commissioner of insurance shall be the chairperson of the committee and the director of purchases or the director's designee shall be the ex officio secretary. The committee shall meet upon the call of the chairperson and at such other times as the committee shall determine. The members of the committee shall serve without compensation. The secretary shall be the custodian of all property, records and proceedings of the committee. Except as provided in this section and K.S.A. 74-4925, 74-4927, 75-6501 through 75-6511 and 76-749, and amendments thereto, no state agency shall purchase any insurance of any kind or nature or any surety bonds upon state officers or employees, except as provided in this act. Except as otherwise provided in this section, healthcare coverage and healthcare services of a health maintenance organization for state officers and employees designated under K.S.A. 75-6501(c), and amendments thereto, shall be provided in accordance with the provisions of K.S.A. 75-6501 through 75-6511, and amendments thereto.
(b) The Kansas turnpike authority may purchase group life, health and accident insurance or health care services of a health maintenance organization for its employees or members of the highway patrol assigned, by contract or agreement entered pursuant to K.S.A. 68-2025, and amendments thereto, to police toll or turnpike facilities, independent of the committee on surety bonds and insurance and of the provisions of K.S.A. 75-6501 through 75-6511, and amendments thereto. Such authority may purchase liability insurance covering all or any part of its operations and may purchase liability and related insurance upon all vehicles owned or operated by the authority independent of the committee on surety bonds and insurance and such insurance may be purchased without complying with K.S.A. 75-3738 through 75-3744, and amendments thereto. Any board of county commissioners may purchase such insurance or healthcare services, independent of such committee, for district court officers and employees any part of whose total salary is payable by the county. Nothing in any other provision of the laws of this state shall be construed as prohibiting members of the highway patrol so assigned to police toll or turnpike facilities from receiving compensation in the form of insurance or health maintenance organization coverage as herein authorized.
(c) The agencies of the state sponsoring a foster grandparent or senior companion program, or both, shall procure a policy of accident, personal liability and excess automobile liability insurance insuring volunteers participating in such programs against loss in accordance with specifications of federal grant guidelines. Such agencies may purchase such policy of insurance independent of the committee on surety bonds and insurance and without complying with K.S.A. 75-3738 through 75-3744, and amendments thereto.
(d) Any state educational institution as defined by K.S.A. 76-711, and amendments thereto, may purchase insurance of any kind or nature except employee health insurance. Such insurance shall be purchased on a competitively bid or competitively negotiated basis in accordance with procedures prescribed by the state board of regents. Such insurance may be purchased independent of the committee on surety bonds and insurance and without complying with K.S.A. 75-3738 through 75-3744, and amendments thereto.
(e) (1) The state board of regents may enter into one or more group insurance contracts to provide health and accident insurance coverage or healthcare services of a health maintenance organization for all students attending a state educational institution as defined in K.S.A. 76-711, and amendments thereto, and such students' dependents, except that such insurance shall not provide coverage for elective procedures that are not medically necessary as determined by a treating physician. The participation by a student in such coverage shall be voluntary. In the case of students who are employed by a state educational institution in a student position, the level of employer contributions toward such coverage shall be determined by the board of regents.
(2) The state board of regents is hereby authorized to independently provide, through self-insurance or the purchase of insurance contracts, healthcare benefits for employees of a state educational institution, as such term is defined in K.S.A. 76-711, and amendments thereto, when the state healthcare benefits program is insufficient to satisfy the requirements of 22 C.F.R. § 62.14, as in effect upon April 13, 2017. Such healthcare benefits shall be limited to only those for whom the state healthcare benefits program does not meet federal requirements.
(3) The state board of regents may purchase cybersecurity insurance as it deems necessary to protect student records, labor information and other statutorily protected data that the board maintains, independent of the committee on surety bonds and insurance and without complying with the provisions of K.S.A. 75-3738 through 75-3744, and amendments thereto. As used in this paragraph, "cybersecurity insurance" includes, but is not limited to, first-party coverage against losses such as data destruction, denial of service attacks, theft, hacking and liability coverage guaranteeing compensation for damages from errors such as the failure to safeguard data.
(4) The state board of regents may adopt rules and regulations necessary to administer and implement the provisions of this section.
History: L. 1965, ch. 458, § 39; L. 1969, ch. 406, § 1; L. 1971, ch. 281, § 1; L. 1974, ch. 364, § 27; L. 1977, ch. 110, § 8; L. 1979, ch. 293, § 1; L. 1982, ch. 360, § 1; L. 1984, ch. 329, § 14; L. 1986, ch. 329, § 1; L. 1987, ch. 345, § 1; L. 1989, ch. 273, § 1; L. 2006, ch. 189, § 1; L. 2014, ch. 7, § 1; L. 2017, ch. 16, § 1; L. 2019, ch. 54, § 18; L. 2025, ch. 87, § 37; July 1.
All insurance contracts or contracts for health care services of a health maintenance organization purchased by the Kansas turnpike authority pursuant to K.S.A. 75-4101, and amendments thereto, shall be purchased by the authority in the manner prescribed for the purchase of supplies, material, equipment or contractual services under K.S.A. 75-3738 to 75-3744, inclusive, and amendments thereto. Any such contract having a premium or rate in excess of $500 shall be purchased on sealed bids.
History: L. 1971, ch. 281, § 2; L. 1979, ch. 293, § 2; L. 1986, ch. 329, § 2; July 1.
Notwithstanding any provision of K.S.A. 75-4101, or any amendments thereto, to the contrary, the Kansas turnpike authority is hereby authorized to purchase workmen's compensation insurance independent of the committee on surety bonds and insurance. All insurance contracts purchased by the Kansas turnpike authority pursuant to this section shall be purchased by the authority subject to and in accordance with the provisions of K.S.A. 75-4101a.
History: L. 1974, ch. 204, § 7; April 8.
History: L. 1965, ch. 458, § 39; L. 1969, ch. 406, § 1; L. 1971, ch. 281, § 1; L. 1974, ch. 364, § 27; L. 1977, ch. 110, § 8; L. 1979, ch. 293, § 1; L. 1982, ch. 360, § 1; L. 1984, ch. 329, § 14; L. 1986, ch. 330, § 3; Repealed, L. 1987, ch. 345, § 2; July 1.
Each elective state officer, before entering upon the duties of office, shall give corporate surety in an amount and upon terms and conditions, as may be specified and provided by the committee created by this act. Such surety shall be furnished by a company duly qualified under the insurance laws of this state. Any such elected official shall be deemed to have furnished surety if he or she is covered by a blanket bond purchased pursuant to this act.
History: L. 1965, ch. 458, § 40; L. 1969, ch. 406, § 2; L. 1973, ch. 357, § 1; July 1.
The committee shall not later than November 1, 1965, and as necessary thereafter, designate which appointive officers or employees of any state agency shall be required to give surety to the state, having due regard for the duties and responsibilities of any such office or employment and the committee shall require such surety in such amount or amounts and upon such terms and conditions as to the committee shall seem necessary and proper.
(A) Any such officer or employee shall be deemed to have furnished surety if he or she is covered by a blanket bond. The committee shall purchase a surety contract or contracts in the form known as a "blanket bond" whenever such blanket bond may be purchased for a premium that is less than the aggregate of premiums chargeable for individual bonds covering each officer and employee to be covered by such blanket bond.
History: L. 1965, ch. 458, § 41; L. 1969, ch. 406, § 3; July 1.
The committee shall not later than November 1, 1965, and as necessary thereafter, set the terms, conditions, or penalties of the bonds for state officers and employees to be covered by surety contracts purchased under this act. The committee shall also determine which officers and employees of the state shall be required to be bonded and shall set the amount of coverage of the bond or bonds so required. In determining which officers or employees shall be bonded, the committee may make such determination by classes of employees with due regard to the duties and responsibilities of officers and employees falling within such class. A blanket surety contract purchased hereunder may cover both elected and appointed officers and employees.
History: L. 1965, ch. 458, § 42; L. 1969, ch. 406, § 4; July 1.
Except as provided in K.S.A. 2-224 and K.S.A. 75-4125, and amendments thereto, all surety bonds and insurance contracts purchased pursuant to this act shall be purchased by the committee in the manner prescribed for the purchase of supplies, materials, equipment or contractual services under K.S.A. 75-3738 to 75-3744, inclusive, and amendments thereto. The director of accounts and reports shall not pay any premium or rate on any surety bond or insurance contract until the purchase of such surety bond or contract shall have been approved by the secretary of the committee. Surety bonds or insurance contracts having a premium or rate in excess of $500 purchased hereunder shall be purchased on sealed bids as provided by law for the purchase of other materials, equipment or contractual services. Where more than one state agency is covered by any bond or insurance contract, the committee shall prorate the cost of premiums or rates on any and all such bonds or contracts, except as provided in K.S.A. 75-4114, and amendments thereto, purchased as charges upon the funds of the state agency wherein any covered state officers or employees are employed or covered property is located or controlled. Such prorated charges shall constitute a lawful charge by the committee upon the funds available to any such state agency and shall be paid by each such state agency to the committee, or to the surety or insurance carrier if the committee requires it, in the manner provided by law for the payment of other obligations of such state agency.
History: L. 1965, ch. 458, § 43; L. 1969, ch. 406, § 7; L. 1970, ch. 364, § 1; L. 1971, ch. 282, § 1; L. 1972, ch. 335, § 2; L. 1976, ch. 390, § 1; L. 1979, ch. 293, § 3; L. 1984, ch. 329, § 15; L. 1986, ch. 329, § 3; L. 2004, ch. 159, § 13; L. 2014, ch. 101, § 6; July 1.
All surety bonds or insurance contracts purchased shall be kept in the office of the secretary of the committee or in the office of the designated representative of the secretary. No bond or contract purchased hereunder may be canceled by the insurance or surety company, the health maintenance organization or the committee during the term of such contract unless a substitute contract upon the same terms and conditions covering the affected officers, employees or property is in force, or the committee determines that the officers, employees or property or class of officers, employees or property affected no longer requires the coverage provided by the contract.
History: L. 1965, ch. 458, § 44; L. 1969, ch. 406, § 8; L. 1970, ch. 364, § 2; L. 1979, ch. 293, § 4; L. 1984, ch. 329, § 16; August 1.
Whenever by any presently existing law of this state or by any law hereafter enacted any officer or employee is required to furnish bond as a prerequisite to employment, such requirement as to terms, conditions, penalty, amount, or quality or type of surety shall be and is hereby deemed and defined to mean the furnishing of a bond or surety contract in the manner and amount and under the provisions and requirements of this act. Whenever any officer, board, commission, committee, department, authority, or any state agent or agency by whatever name called, shall be authorized by any law of this state to purchase any official bond, surety bond, blanket bond or surety contract upon any state officers or employees or is authorized to purchase any type of property or casualty insurance coverage, such authority is hereby transferred and conferred upon the committee created by this act and such authority so transferred and conferred shall be exercised by the committee in the manner and under the provisions and requirements prescribed by this act.
History: L. 1965, ch. 458, § 45; L. 1969, ch. 406, § 9; July 1.
History: L. 1969, ch. 406, § 5; L. 1972, ch. 335, § 3; L. 1974, ch. 390, § 24; L. 1975, ch. 451, § 1; L. 1975, ch. 452, § 18; L. 1979, ch. 293, § 5; L. 1980, ch. 264, § 13; Repealed, L. 1984, ch. 329, § 17; August 1.
History: L. 1967, ch. 463, § 1; L. 1969, ch. 406, § 10; L. 1972, ch. 335, § 1; L. 1974, ch. 390, § 25; L. 1975, ch. 452, § 19; L. 1979, ch. 293, § 6; L. 1980, ch. 264, § 14; Repealed, L. 1984, ch. 329, § 17; August 1.
(a) Subject to the provisions of K.S.A. 2-224, and amendments thereto, the committee, at least once every three years, shall approve the property and casualty insurance coverages that shall be purchased by each state agency.
(b) Subject to the provisions of K.S.A. 2-224, and amendments thereto, the committee shall require that each state agency purchase the insurance coverages prescribed by K.S.A. 74-4703, 74-4705, 74-4707, 75-712e, 75-2728, 76-218, 76-391, 76-394, 76-747 and 76-491, and amendments thereto, and shall prescribe the terms, conditions and amounts of such coverage giving due regard to the operations and requirements of the agencies involved.
(c) Subject to the provisions of K.S.A. 2-224, and amendments thereto, the committee shall, in addition to the coverages specified in subsection (b), designate the insurance coverages to be purchased by each state agency that are deemed by the committee to be necessary to protect the state for property of others that may be in the possession or control of such state agencies.
(d) Such coverages as are specified in subsections (b) and (c) may also include coverages on property of the state that are deemed by the committee to be incidental to the basic coverages herein required, and the committee shall prescribe the terms, conditions and amounts of all insurance coverages purchased pursuant to this section. Property of the state board of regents of any university or college which is referred to in subsection (b) may be self-insured as provided under this act.
(e) No property insurance coverage may be purchased by the committee, except as provided herein or by K.S.A. 75-4125, and amendments thereto, or specifically required by other Kansas statutes or appropriations.
History: L. 1969, ch. 406, § 6; L. 1971, ch. 279, § 11; L. 1974, ch. 204, § 9; L. 1979, ch. 186, § 28; L. 1983, ch. 293, § 3; L. 1985, ch. 253, § 5; L. 1986, ch. 329, § 4; L. 1987, ch. 346, § 1; L. 1991, ch. 261, § 3; L. 2004, ch. 159, § 14; L. 2014, ch. 101, § 7; July 1.
History: L. 1969, ch. 406, § 6; L. 1971, ch. 279, § 11; L. 1974, ch. 204, § 9; L. 1979, ch. 186, § 28; L. 1983, ch. 293, § 3; L. 1985, ch. 253, § 5; L. 1986, ch. 293, § 4; Repealed, L. 1987, ch. 346, § 2; July 1.
History: L. 1969, ch. 406, § 11; L. 1972, ch. 335, § 4; L. 1973, ch. 358, § 1; L. 1974, ch. 389, § 1; L. 1974, ch. 391, § 1; L. 1975, ch. 451, § 2; L. 1975, ch. 452, § 20; L. 1976, ch. 391, § 1; L. 1976, ch. 392, § 1; L. 1977, ch. 299, § 1; L. 1978, ch. 359, § 1; L. 1979, ch. 293, § 7; L. 1980, ch. 264, § 15; Repealed, L. 1984, ch. 329, § 17; August 1.
The committee may establish rules and regulations necessary to carry out the provisions of this act.
History: L. 1969, ch. 406, § 12; July 1.
As used in this act the term "state agency" shall mean any state office or officer whether elected or appointed, department, board, commission, institution, bureau, authority or any agency, division or unit within any office, department, board or other state authority.
History: L. 1969, ch. 406, § 13; July 1.
History: L. 1970, ch. 364, § 3; L. 1971, ch. 282, § 2; L. 1972, ch. 335, § 5; L. 1977, ch. 110, § 9; L. 1979, ch. 293, § 8; L. 1982, ch. 361, § 1; Repealed, L. 1984, ch. 329, § 17; August 1.
History: L. 1979, ch. 291, § 5; Repealed, L. 1984, ch. 329, § 17; August 1.
The committee, in addition to the coverages specified in K.S.A. 75-4109, may, within the limitations of appropriations made by the legislature therefor, purchase such liability insurance as they deem necessary for the protection of the state and its officers, employees and agents against any liability for injuries or damages resulting from any tortious conduct of such officers, employees or agents arising from the course of their employment or from any liability for injuries or damages resulting from conduct or decisions of such officers, employees or agents in carrying out the official duties of their offices pursuant to existing law, rule or regulation or court order.
History: L. 1970, ch. 364, § 4; L. 1974, ch. 393, § 1; L. 1976, ch. 390, § 2; July 1.
History: L. 1971, ch. 279, §§ 1 to 10; Repealed, L. 1974, ch. 388, § 3; July 1.
(a) The committee on surety bonds and insurance is hereby authorized to negotiate and enter into contracts with qualified insurers and sureties for the purpose of purchasing insurance, surety coverage and similar coverages, including the purchase of insurance, surety coverage and similar coverage for any state agency authorized by law to make such purchase, and the acquisition of consulting and other services necessary therefor. The committee shall advertise for proposals. If the committee receives at least three proposals, the committee shall negotiate with the parties submitting proposals and select the party to negotiate with for the purpose of entering into contracts. If less than three parties submit bids, then the committee shall readvertise for proposals. Upon receiving proposals in response to the second advertisement for proposals, the committee shall negotiate with the parties submitting proposals and select from those parties submitting proposals, the party to negotiate with for the purpose of entering into contracts regardless of the number of proposals received. The division of purchases shall: (1) Maintain records of the requests for proposals; (2) handle the receipt of proposals; and (3) assist the committee in negotiating procedures and the award of contracts.
(b) The provisions of K.S.A. 75-4317 through 75-4320a, and amendments thereto, shall not apply to meetings of the committee when the committee meets solely for the purpose of discussing and preparing strategies for negotiations for such contracts.
(c) Contracts entered into pursuant to this section, shall not be subject to the provisions of K.S.A. 75-3738 to 75-3740, inclusive, and amendments thereto. Such contracts may be for terms of not more than three years and may be renegotiated and renewed. All such contracts shall be subject to the limits of appropriations made or available therefor and subject to the provisions of appropriations acts relating thereto.
(d) The provisions of this section shall be a complete alternative to other procurement procedures available to the committee pursuant to law.
(e) This section shall take effect on and after July 1, 2004.
History: L. 2004, ch. 159, § 12; May 27.
As used in this act, unless the context otherwise requires:
(a) "Treasurer" means state treasurer.
(b) "Controller" means director of accounts and reports.
(c) "Board" means the pooled money investment board.
(d) "Bank" means a bank incorporated under the laws of this state, or organized under the laws of the United States or another state and which has a main or branch office in this state.
(e) "State moneys" means all moneys in the treasury of the state or coming lawfully into the possession of the treasurer.
(f) "State bank account" means state moneys or fee agency account moneys deposited in accordance with the provisions of this act.
(g) "Operating account" means a state bank account which is payable or withdrawable, in whole or in part, on demand.
(h) "Investment account" means a state bank account which is not payable on demand.
(i) "Fee agency account" means a state bank account of any state agency consisting of moneys authorized by law prior to remittance to the state treasurer.
(j) "Disbursement" means a payment of any kind whatsoever made from the state treasury or from any operating account, except transfer of moneys between or among operating accounts and investment accounts or either or both of them.
(k) "Securities" means, for the purposes of this section and K.S.A. 75-4218, and amendments thereto, securities, security entitlements, financial assets and securities account consisting of any one or more of the following, and security entitlements thereto, which may be accepted or rejected by the pooled money investment board:
(1) Direct obligations of, or obligations that are insured as to principal and interest by, the United States government or any agency thereof and obligations, letters of credit and securities of United States sponsored enterprises which under federal law may be accepted as security for public funds.
(2) Kansas municipal bonds which are general obligations of the municipality issuing the same.
(3) Revenue bonds of any agency or arm of the state of Kansas.
(4) Revenue bonds of any municipality, as defined by K.S.A. 10-101, and amendments thereto, within the state of Kansas or bonds issued by a public building commission as authorized by K.S.A. 12-1761, and amendments thereto, if approved by the state bank commissioner, except (A) bonds issued under the provisions of K.S.A. 12-1740 et seq., and amendments thereto, unless such bonds are rated at least MIG-1 or Aa by Moody's Investors Service or AA by Standard & Poor's Corp. and (B) bonds secured by revenues of a utility which has been in operation for less than three years. Any expense incurred in connection with granting approval of revenue bonds shall be paid by the applicant for approval.
(5) Temporary notes of any municipal corporation or quasi-municipal corporation within the state of Kansas which are general obligations of the municipal corporation or quasi-municipal corporation issuing the same.
(6) Warrants of any municipal corporation or quasi-municipal corporation within the state of Kansas the issuance of which is authorized by the state board of tax appeals and which are payable from the proceeds of a mandatory tax levy.
(7) Bonds of any municipal or quasi-municipal corporation of the state of Kansas which have been refunded in advance of their maturity and are fully secured as to payment of principal and interest thereon by deposit in trust, under escrow agreement with a bank, of direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States of America. A copy of such escrow agreement shall be furnished to the treasurer.
(8) Securities listed in paragraph (14) of subsection (d) of K.S.A. 9-1402, and amendments thereto, within limitations of K.S.A. 9-1402, and amendments thereto.
(9) A corporate surety bond guaranteeing deposits in a bank, savings or savings and loan association in excess of federal deposit insurance corporation insurance, underwritten by an insurance company authorized to do business in the state of Kansas.
(10) Commercial paper that does not exceed 270 days to maturity and which has received one of the two highest commercial paper credit ratings by a nationally recognized investment rating firm.
(11) All of such securities shall be current as to interest according to the terms thereof.
(l) "Savings bank" means a savings bank organized under the laws of the United States or another state insured by the federal deposit insurance corporation or its successor and having a main or branch office in the county in which a state agency making collection of any fees, tuition, or charges is located.
(m) "Savings and loan association" means a savings and loan association incorporated under the laws of this state or organized under the laws of the United States or another state, insured by the federal deposit insurance corporation or its successor and having a main or branch office in the county in which a state agency making collection of any fees, tuition or charges is located.
(n) "Custodial bank" means a bank holding on deposit collateral which is security for state bank accounts.
(o) "Centralized securities depository" means a clearing agency registered with the securities and exchange commission which provides safekeeping and book-entry settlement services to its participants.
(p) "Depository bank" means a bank, savings bank or savings and loan association authorized and eligible to receive state moneys.
(q) "Main office" means the place of business specified in the articles of association, certificate of authority or similar document, where the business of the institution is carried on and which is not a branch.
(r) "Branch" means any office, agency or other place of business within this state, other than the main office, at which deposits are received, checks paid or money lent with approval of the appropriate regulatory authorities. Branch does not include an automated teller machine, remote service unit or similar device.
(s) "Securities," "security entitlements," "financial assets," "securities account," "security agreement," "security interest," "perfection" and "control" shall have the meanings given such terms under the Kansas uniform commercial code.
History: L. 1967, ch. 447, § 1; L. 1968, ch. 236, § 2; L. 1969, ch. 411, § 1; L. 1970, ch. 365, § 1; L. 1970, ch. 63, § 2; L. 1975, ch. 453, § 1; L. 1978, ch. 360, § 1; L. 1982, ch. 362, § 1; L. 1983, ch. 49, § 96; L. 1986, ch. 331, § 1; L. 1989, ch. 48, § 104; L. 1991, ch. 262, § 1; L. 1992, ch. 146, § 10; L. 1993, ch. 207, § 5; L. 1994, ch. 105, § 3; L. 1996, ch. 254, § 14; L. 1997, ch. 180, § 21; L. 2001, ch. 5, § 1; L. 2008, ch. 109, § 68; L. 2014, ch. 141, § 75; July 1.
All state moneys and credits received by the treasurer shall be deposited daily in one or more operating accounts. All disbursements shall be drawn from operating accounts. All banks having a state bank account shall service all warrants, drafts or checks of the state or its agencies. The board shall determine the compensation for services rendered that banks may receive on state bank accounts. Such compensation may be either compensating balances or fees.
History: L. 1967, ch. 447, § 2; L. 1992, ch. 146, § 11; L. 1996, ch. 254, § 15; May 23.
The treasurer shall prepare daily deposits in accordance with K.S.A. 75-4206, and amendments thereto. The treasurer shall prepare and provide a form upon which all daily deposits shall be listed in sufficient detail to make effective the purposes of this act, and such form shall be called the "daily cash sheet." The daily cash sheet shall be completed in sufficient copies, and there shall be delivered daily one copy thereof to the director of accounts and reports and one copy shall be retained by the treasurer. Before any deposit of state moneys is made, each copy of the daily cash sheet shall be signed by the treasurer or a deputy duly authorized by the treasurer.
History: L. 1967, ch. 447, § 3; L. 2000, ch. 125, § 10; July 1.
All orders of the treasurer transferring moneys from one state bank account to another shall be signed by the treasurer or the treasurer's duly authorized deputy.
History: L. 1967, ch. 447, § 4; L. 1968, ch. 75, § 1; L. 1996, ch. 254, § 16; L. 2000, ch. 125, § 11; July 1.
The board shall designate one or more banks to receive operating accounts. In determining the amount of the award of an operating account to any bank designated under this section therefor, the board shall give consideration to the amount of service to be required of it.
History: L. 1967, ch. 447, § 5; L. 1968, ch. 236, § 3; L. 1975, ch. 453, § 2; L. 1982, ch. 362, § 2; L. 1986, ch. 332, § 8; L. 1987, ch. 295, § 11; L. 1992, ch. 146, § 12; July 1.
History: L. 1967, ch. 447, § 6; L. 1975, ch. 453, § 3; L. 1982, ch. 362, § 3; Repealed, L. 1992, ch. 146, § 28; July 1.
History: L. 1967, ch. 447, § 11; Repealed, L. 1992, ch. 146, § 28; July 1.
The board shall follow the procedure prescribed in rules and regulations adopted under the provisions of K.S.A. 75-4232, in designating banks to receive deposit of state moneys in operating accounts and investment accounts. The board shall determine which banks shall receive state operating and investment accounts and shall designate the types of accounts to be awarded each such bank and the initial amount of each award. Such initial awards which are operating accounts shall be made as provided in K.S.A. 75-4205, and amendments thereto. Such initial awards which are investment accounts shall be awarded as is provided in K.S.A. 75-4209, and amendments thereto. Upon making the awards provided for above, the board shall notify each bank of its award, and that the same is subject to approval of securities to be pledged as prescribed in this act.
History: L. 1967, ch. 447, § 12; L. 1973, ch. 63, § 3; L. 1981, ch. 324, § 26; L. 1989, ch. 48, § 96; L. 1992, ch. 146, § 13; L. 1997, ch. 180, § 22; May 29.
(a) The director of investments may invest and reinvest state moneys eligible for investment which are not invested in accordance with K.S.A.
75-4237, and amendments thereto, in the following investments:
(1) Direct obligations of, or obligations that are insured as to principal and interest by, the United States of America or any agency thereof and obligations and securities of the United States sponsored enterprises which under federal law may be accepted as security for public funds, on and after the effective date of this act moneys available for investment under this subsection shall not be invested in mortgage-backed securities of such enterprises and of the government national mortgage association, except that any such mortgage-backed securities held prior to the effective date of this act may be held to maturity;
(2) repurchase agreements with a bank or a primary government securities dealer which reports to the market reports division of the federal reserve bank of New York for direct obligations of, or obligations that are insured as to principal and interest by, the United States government or any agency thereof and obligations and securities of United States government sponsored enterprises which under federal law may be accepted as security for public funds;
(3) commercial paper that does not exceed 270 days to maturity and which has received one of the two highest commercial paper credit ratings by a nationally recognized investment rating firm; and
(4) corporate bonds which have received one of the two highest ratings by a nationally recognized investment rating firm.
(b) When moneys are available for deposit or investments, the director of investments may invest in SKILL act projects and bonds pursuant to K.S.A.
74-8920, and amendments thereto, and in state agency bonds and bond projects.
(c) When moneys are available for deposits or investments, the director of investments may invest in preferred stock of Kansas venture capital, inc., under terms and conditions prescribed by K.S.A.
74-8203, and amendments thereto, but such investments shall not in the aggregate exceed a total amount of $10,000,000.
(d) When moneys are available for deposits or investments, the director of investments may invest in loans pursuant to legislative mandates, except that not more than the greater of 10% or $140,000,000 of the state moneys shall be invested. The provisions of this subsection shall not apply to the provisions of subsection (m).
(e) Interest on investment accounts in banks is to be paid at maturity, but not less than annually.
(f) Investments made by the director of investments under the provisions of this section shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.
(g) Investments under subsection (a) or (b) or under K.S.A.
75-4237, and amendments thereto, shall be for a period not to exceed four years, except that linked deposits authorized under the provisions of K.S.A.
2-3703 through
2-3707, and amendments thereto, shall not exceed a period of 10 years; agricultural production loan deposits authorized under the provisions of K.S.A.
75-4268 through 75-4274, and amendments thereto, shall not exceed a period of eight years and housing loan deposits authorized under K.S.A.
75-4276 through
75-4282, and amendments thereto, shall not exceed a period of five years or 20 years, as applicable pursuant to K.S.A.
75-4279, and amendments thereto.
(h) Investments in securities under subsection (a)(1) shall be limited to securities which do not have any more interest rate risk than do direct United States government obligations of similar maturities. For purposes of this subsection, "interest rate risk" means market value changes due to changes in current interest rates.
(i) The director of investments shall not invest state moneys eligible for investment under subsection (a), in the municipal investment pool fund, created under K.S.A.
12-1677a, and amendments thereto.
(j) The director of investments shall not invest moneys in the pooled money investment portfolio in derivatives. As used in this subsection, "derivatives" means a financial contract whose value depends on the value of an underlying asset or index of asset values.
(k) Moneys and investments in the pooled money investment portfolio shall be invested and reinvested by the director of investments in accordance with investment policies developed, approved, published and updated on an annual basis by the board. Such investment policies shall include at a minimum guidelines which identify credit standards, eligible instruments, allowable maturity ranges, methods for valuing the portfolio, calculating earnings and yields and limits on portfolio concentration for each type of investment. Any changes in such investment policies shall be approved by the pooled money investment board. Such investment policies may specify the contents of reports, methods of crediting funds and accounts and other operating procedures.
(l) The board shall adopt rules and regulations to establish an overall percentage limitation on the investment of moneys in investments authorized under subsection (a)(3), and within such authorized investment, the board shall establish a percentage limitation on the investment in any single business entity.
(m) (1) During the fiscal year ending June 30, 2017, the director of the budget shall estimate on or before June 27, 2017, the amount of the unencumbered ending balance in the state general fund for fiscal year 2017. If the amount of such unencumbered ending balance in the state general fund is less than $50,000,000, the director of the budget shall certify the difference between $50,000,000, and the amount of such unencumbered ending balance to the pooled money investment board. Upon the liquidation of all investments and reinvestments of state moneys pursuant to K.S.A.
75-2263(j), and amendments thereto, and upon receipt of such certification by the director of the budget, during the fiscal year ending June 30, 2017, the pooled money investment board shall authorize the director of accounts and reports to transfer an amount equal to the amount certified by the director of the budget pursuant to this subsection from the pooled money investment portfolio to the state general fund. Upon receipt of such authorization, the director of accounts and reports shall make such transfer. The chairperson of the pooled money investment board shall transmit a copy of such authorization to the director of legislative research and the director of the budget.
(2) (A) On or before June 30, 2019, the director of accounts and reports shall transfer an amount equal to 1/6 of the amount transferred pursuant to subsection (m)(1) from the state general fund to the pooled money investment portfolio.
(B) On or before June 30, 2020, the director of accounts and reports shall transfer an amount equal to 1/2 of the amount transferred pursuant to subsection (m)(1), reduced by the amount transferred pursuant to subsection (m)(2)(A) from the state general fund to the pooled money investment portfolio.
(C) On or before June 30, 2021, and June 30, 2022, during each such fiscal year, the director of accounts and reports shall transfer an amount equal to 1/2 of the amount transferred pursuant to subsection (m)(1), reduced by the amount transferred pursuant to subsection (m)(2)(A) and (m)(2)(B) from the state general fund to the pooled money investment portfolio.
(3) During the fiscal year ending June 30, 2018, after any transfer made pursuant to subsection (m)(1), the pooled money investment board shall authorize the director of accounts and reports to transfer the remaining amount of all investments and reinvestments of state moneys liquidated pursuant to K.S.A.
75-2263(j), and amendments thereto, from the pooled money investment portfolio to the state general fund. Upon receipt of such authorization, the director of accounts and reports shall make such transfer. The chairperson of the pooled money investment board shall transmit a copy of such authorization to the director of legislative research and the director of the budget.
(4) (A) On or before June 30, 2019, the director of accounts and reports shall transfer an amount equal to 1/6 of the amount transferred pursuant to subsection (m)(3) from the state general fund to the pooled money investment portfolio.
(B) On or before June 30, 2020, the director of accounts and reports shall transfer an amount equal to 1/2 of the amount transferred pursuant to subsection (m)(3), reduced by the amount transferred pursuant to subsection (m)(4)(A) from the state general fund to the pooled money investment portfolio.
(C) On or before June 30, 2021, and June 30, 2022, during each such fiscal year, the director of accounts and reports shall transfer an amount equal to 1/2 of the amount transferred pursuant to subsection (m)(3), reduced by the amount transferred pursuant to subsection (m)(4)(A) and (m)(4)(B) from the state general fund to the pooled money investment portfolio.
History: L. 1967, ch. 447, § 13; L. 1975, ch. 453, § 4; L. 1976, ch. 393, § 1; L. 1982, ch. 362, § 4; L. 1992, ch. 146, § 14; L. 1993, ch. 207, § 6; L. 1994, ch. 105, § 4; L. 1995, ch. 194, § 2; L. 1996, ch. 254, § 17; L. 1997, ch. 180, § 23; L. 2000, ch. 82, § 15; L. 2000, ch. 159, § 11; L. 2008, ch. 115, § 9; L. 2008, ch. 150, § 8; L. 2010, ch. 84, § 2; L. 2012, ch. 158, § 1; L. 2017, ch. 54, § 45; L. 2018, ch. 109, § 125; L. 2019, ch. 68, § 172; L. 2021, ch. 98, § 179; May 17.
The director of investments shall calculate the investment rate, as defined in subsection (g) of K.S.A. 1997 Supp. 12-1675a, on Monday of each week and publish such rate that week in the Kansas register.
History: L. 1967, ch. 447, § 14; L. 1973, ch. 63, § 1; L. 1975, ch. 453, § 5; L. 1992, ch. 146, § 15; L. 1996, ch. 254, § 18; L. 1997, ch. 180, § 24; May 29.
Interest earned on state moneys shall be credited to the state general fund, unless required by law, contract or bequest to be credited to a fund other than the state general fund. When interest earnings are required by law, contract or bequest to be credited to a fund other than the state general fund, such earnings shall be based on the average daily balance in the fund for each month and the net earnings rate of the pooled money investment portfolio for such month unless such law, contract or bequest provides a different method of computing interest earnings.
History: L. 1975, ch. 453, § 6; L. 1996, ch. 254, § 19; May 23.
History: L. 1967, ch. 447, § 15; L. 1973, ch. 63, § 4; L. 1980, ch. 280, § 1; L. 1982, ch. 362, § 5; Repealed, L. 1992, ch. 146, § 28; July 1.
History: L. 1967, ch. 447, § 16; L. 1973, ch. 63, § 5; L. 1974, ch. 394, § 1; L. 1975, ch. 453, § 7; L. 1982, ch. 362, § 6; Repealed, L. 1992, ch. 146, § 28; July 1.
Whenever the balance in operating accounts is insufficient to meet the state's obligations or withdrawals from the municipal investment pool fund, and there are state moneys in authorized investments, the director of investments, with approval of the board, may:
(a) Borrow upon the security of any one or more investment accounts an amount sufficient to meet the state's or the municipal investment pool fund's obligations. Any such loan shall be repaid in full within 60 days or prior to July 1, whichever occurs first. Interest payment by the state for any loan under this section shall be made only by way of setoff from interest obligations to the state from the bank making such loan. The amount borrowed under this section from any bank, shall never exceed an amount equal to the amount of state moneys on deposit in such bank; or
(b) enter into reverse repurchase agreements utilizing securities purchased by the board pursuant to subsection (a) of K.S.A. 75-4209, and amendments thereto. Such reverse repurchase agreements may be entered into with banks or primary government securities dealers which report to the market reports division of the federal reserve bank of New York. Expenses of reverse repurchase agreements shall be paid by deducting such expenses against other interest income to the state.
History: L. 1975, ch. 453, § 12; L. 1992, ch. 146, § 16; L. 1993, ch. 207, § 7; L. 1996, ch. 254, § 20; L. 1997, ch. 180, § 25; May 29.
History: L. 1967, ch. 447, § 18; L. 1975, ch. 453, § 8; L. 1987, ch. 295, § 12; L. 1992, ch. 146, § 17; L. 1993, ch. 207, § 8; Repealed, L. 1996, ch. 254, § 33; May 23.
(a) Any state agency making collection of any moneys, with the approval of the board, may select a bank, savings bank or savings and loan association in the county in which the agency is located to have a fee agency account for the deposit of such moneys.
(b) To be eligible to hold a fee agency account as provided under subsection (a), any designated bank, savings bank or savings and loan association must meet the minimum capital requirements for a commercial bank as required by the federal deposit insurance corporation.
(c) At the end of each month any bank, savings bank or savings and loan association having a fee agency account shall forward to the board a detailed statement of such account.
History: L. 1967, ch. 447, § 21; L. 1975, ch. 453, § 14; L. 1976, ch. 386, § 8; L. 1986, ch. 333, § 1; L. 1991, ch. 262, § 2; L. 1994, ch. 105, § 5; L. 2001, ch. 5, § 2; July 1.
(a) All moneys collected by any state agency shall be remitted daily to the state treasurer unless otherwise authorized by the board to remit less frequently.
(b) If a state agency is authorized by the board to maintain a fee agency account pursuant to K.S.A. 75-4214, and amendments thereto, any moneys collected by the state agency shall be deposited daily in the fee agency account. Fee agency account balances shall be remitted daily or less often if authorized by the board, to the state treasurer by such agency drawing on such fee agency account all moneys therein except for any balances required for direct refunds of tuition, fees or charges from such fee agency account authorized under K.S.A. 76-738, and amendments thereto. When requested, such agency shall file with the board a detailed and verified report with each deposit showing the sources from which such moneys were received. The board shall have the authority to limit specific types of moneys that can be deposited in a fee agency account.
(c) Fee agency accounts and moneys to be deposited therein shall be subject to post audit under article 11 of chapter 46 of Kansas Statutes Annotated.
History: L. 1967, ch. 447, § 20; L. 1975, ch. 453, § 9; L. 1977, ch. 300, § 2; L. 1986, ch. 333, § 2; L. 1994, ch. 105, § 6; L. 2001, ch. 5, § 3; July 1.
The treasurer and director of accounts and reports shall keep an account of all moneys received from each state agency and place the same to the credit of the proper fund and account.
History: L. 1967, ch. 447, § 22; June 1.
Awards of all state bank accounts shall be made pursuant to a written agreement between the depository bank and the board. This agreement shall be approved by the board of directors of the depository bank and reflected in the minutes of the board of directors. From the time of execution, the agreement shall remain continuously an official record of the depository bank. Separate agreements shall be entered into for each class of account in each depository bank.
History: L. 1967, ch. 447, § 19; L. 1994, ch. 105, § 7; L. 1997, ch. 180, § 26; May 29.
(a) All state bank accounts shall be secured as provided in this section.
The bank, savings bank or savings and loan association receiving or having a state bank account shall deposit, maintain, pledge, assign, and grant a security interest in, or cause its agent, trustee, wholly-owned subsidiary, or affiliate having identical ownership to deposit, maintain, pledge, assign, and grant a security interest in, for the benefit of the state of Kansas, in the manner provided in this act, securities owned by the depository bank directly or indirectly through its agent or trustee holding securities on its behalf, or owned by the depository bank's wholly-owned subsidiary or by such affiliate, the market value of which is equal to 100% of the amount of the account plus accrued interest, less that portion of the amount of the account plus accrued interest which is insured by the federal deposit insurance corporation or its successor.
(b) All securities securing state bank accounts shall be deposited in a securities account with a bank having the prior approval of the board, a credit union having the prior approval of the board, the federal home loan bank of Topeka or with the state treasurer pursuant to a written custodial agreement, and a receipt taken therefor with one copy going to the treasurer and one copy going to the bank, savings bank or savings and loan association which has secured such state bank account. The receipt shall identify the securities which are subject to a security interest to secure payment of the state bank account. This section shall not prohibit any custodial bank receiving securities on deposit from issuing a receipt and depositing securities identified in the receipt in such bank's account with any bank chartered in Kansas or any other state, any trust company chartered in Kansas or any other state, any national bank, or any centralized securities depository wherever located within the United States. No securities securing state bank accounts shall be deposited in any bank, trust company or national bank which is owned directly or indirectly by any parent corporation of the depository bank, or with any bank, trust company, or national bank having common controlling shareholders, having a common majority of the board of directors or having common directors with the ability to control or influence directly or indirectly the acts or policies of the bank, savings and loan association or savings bank securing such state bank account. Any custodial bank which releases securities securing a state bank account without being authorized to do so under the custodial agreement shall be liable to the state for any loss to the state resulting therefrom.
(c) Securities securing state bank accounts may be deposited with the federal reserve bank of Kansas City to be there held in such manner, under regulations and operating letters of the federal reserve bank, as to secure payment of the state bank account in the depository bank.
(d) The depository bank, and any agent, trustee, wholly-owned subsidiary or affiliate having identical ownership granting a security interest shall enter into a written agreement with the state of Kansas granting the state of Kansas a security interest in the securities to secure payment of the state bank account. Such security interest shall be perfected by the depository bank and any agent, trustee, wholly-owned subsidiary or affiliate having identical ownership granting a security interest causing control of the securities under the Kansas uniform commercial code to be given to the state of Kansas. The security agreement and the custodial agreement shall be in writing, executed by all parties thereto, maintained as part of their official records, and, except for the state of Kansas, approved by their boards of directors or their loan committees, which approvals shall be reflected in the minutes of the boards or committees.
History: L. 1967, ch. 447, § 7; L. 1968, ch. 75, § 2; L. 1973, ch. 63, § 2; L. 1975, ch. 453, § 10; L. 1985, ch. 58, § 3; L. 1987, ch. 56, § 2; L. 1991, ch. 262, § 3; L. 1992, ch. 146, § 18; L. 1994, ch. 105, § 8; L. 1996, ch. 254, § 21; L. 1997, ch. 180, § 27; L. 2021, ch. 87, § 22; April 29.
Whenever interest bearing time deposits in any commercial bank located in Kansas are authorized by the provisions of K.S.A. 12-3718, 12-3724, 32-858, 40-2307, 58-3029, 68-2311, 75-2527, 75-4254 and 76-2473 and amendments thereto, such deposits shall be secured by pledge of securities as provided in K.S.A. 75-4218, and amendments thereto.
History: L. 1975, ch. 404, § 11; L. 1989, ch. 48, § 97; L. 1989, ch. 118, § 188; L. 1989, ch. 274, § 5; July 1.
The treasurer as custodian of securities deposited by banks, and the sureties of the treasurer shall be responsible for the safekeeping of such securities and shall be liable therefor. The treasurer, upon written application of the bank owning any bonds, shall detach any and all matured coupons and deliver them to the bank, taking proper receipt therefor, which shall be filed in his or her office. Any bank making deposit of securities with the treasurer may cause such securities to be examined in the treasurer's office to show that they are deposited as collateral, and are not transferable except upon the conditions provided in this act.
In any exchange of deposited securities for new securities, the amount of security on deposit at any time shall not be decreased below that otherwise required by this act.
History: L. 1967, ch. 447, § 8; June 1.
Each depository bank and its agent, trustee, wholly-owned subsidiary or affiliate having identical ownership granting a security interest pursuant to K.S.A. 75-4218, and amendments thereto, shall be liable for payment if: (a) The depository bank fails to: (1) Pay any check, draft or warrant drawn by the treasurer and director of accounts and reports; or (2) account for any check, draft, warrant, order, or certificate of deposit, or any money entrusted to such bank by the treasurer; or (b) a conservator or receiver is appointed for the depository bank.
Any loss incurred by the state by reason of failure by any depository bank to safely keep and account for moneys and interest thereon shall be recovered by the state from the depository bank and a sale of the securities securing payment of such moneys under this act. The attorney general is authorized to prosecute in the name of the state any and all actions for recovery of any loss incurred by the state under this act.
In case of default by any depository bank having a state bank account of any type, the securities securing payment of such account under this act, if not in the possession of the treasurer, shall be transferred to the treasurer by the custodial bank to be sold by the treasurer and payment of the proceeds of such sale shall be made to the state to the extent of the state's interest, subject to the provisions of K.S.A. 75-4221, and amendments thereto.
History: L. 1967, ch. 447, § 9; L. 1994, ch. 105, § 9; L. 1996, ch. 254, § 22; L. 1997, ch. 180, § 28; May 29.
(a) Any state agency which is authorized to maintain a bank account, shall be responsible for determining that the securities pledged, assigned, deposited or in which a security interest is granted by the depository bank are adequate to secure the balance in the account pursuant to K.S.A. 75-4218, and amendments thereto. The agency shall immediately notify the board if the securities pledged, assigned, deposited or in which a security interest is granted by the depository bank have become inadequate. The board shall immediately notify such depository bank and demand that additional security be pledged to make good such inadequacy and in default of such additional security being promptly furnished, the board shall instruct the treasurer to close the account.
(b) In cases where a depository bank fails to meet the requirements established by the board pursuant to K.S.A. 75-4232, and amendments thereto, the board shall instruct the treasurer to advise the depository bank it must select one of the following options:
(1) Close the account for the full amount, including accrued interest and without penalty if the deposit exceeds seven days; or
(2) convert the account to a repurchase agreement under terms acceptable to the board.
(c) In the event of the insolvency or dissolution from any cause of a depository bank having a state bank account of any type, the state shall be entitled to file a claim for the full amount of such account and shall retain or collect dividends or interest on securities pledged by such depository bank until the amount of the dividends or interest added to the amount realized from sale of any securities so pledged to the state equals the amount of the account and any interest due thereon.
The state shall be fully responsible to any depository bank for the safe return of any securities deposited in the state treasury in accordance with this act.
History: L. 1967, ch. 447, § 10; L. 1994, ch. 105, § 10; L. 2001, ch. 78, § 1; L. 2001, ch. 167, § 7; July 1.
(a) There is hereby established the pooled money investment board which shall consist of five members, four of whom 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. 1997 Supp. 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. The fifth member shall be the state treasurer. Not more than three members of the board shall be of the same political party. All members appointed to the board shall have at least 10 years of direct work experience in the areas of finance, accounting or management of investments or shall have at least a baccalaureate degree from an accredited college or university and at least five years of direct work experience in the areas of finance, accounting or management of investments. Except as provided by subsection (b), members appointed by the governor shall serve for a term of four years and until successors are appointed and confirmed. The governor shall select one of the board members to serve as chairperson.
(b) (1) On July 1, 1992, the two appointive board members serving on the board immediately prior to such date shall cease to be members of the board and on such date, or as soon thereafter as possible, the governor shall appoint four members to the board to serve for terms as specified by this subsection. The two appointive members serving on the board immediately prior to July 1, 1992, may be reappointed to the board on or after such date under this subsection. Of the members first appointed on or after July 1, 1992, two members shall be appointed for a term commencing on July 1, 1992, and ending on June 30, 1994, and two members shall be appointed for a term commencing on July 1, 1992, and ending on June 30, 1996. The governor shall designate the term for each member so appointed. Except as provided in paragraph 2 of this subsection, members appointed to the board shall serve for four-year terms and until their successors are appointed and confirmed. 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.
(2) 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 and by section 3 of chapter 194 of the session laws of 1995. Thereafter members shall be appointed for terms of four years and until their successors are appointed and confirmed.
(c) Members of the pooled money investment 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.
(d) No member of the pooled money investment board, within one year after termination of the member's position with the board, shall accept employment with the pooled money investment board.
History: L. 1974, ch. 364, § 35; L. 1981, ch. 299, § 34; L. 1982, ch. 347, § 57; L. 1992, ch. 146, § 24; L. 1992, ch. 272, § 18; L. 1995, ch. 194, § 3; L. 1995, ch. 241, § 22; L. 1996, ch. 254, § 24; L. 1997, ch. 111, § 1; July 1.
(a) It shall be unlawful for the pooled money investment board to award a state bank account to any depository bank in which any member of the board is interested as a stockholder or officer, except upon the unanimous vote of the other members of the board.
(b) The board shall appoint a director of investments who shall be in the unclassified service under the Kansas civil service act. The board may appoint investment officers and investment analysts, who shall be in the unclassified service of the Kansas civil service act. In addition the board may appoint such employees as may be needed who shall be in the classified service of the Kansas civil service act.
(c) From and after the effective date of this act, all current employees of the office of the state treasurer performing any responsibilities, powers, duties or functions related to the municipal investment pool fund are hereby transferred to the pooled money investment board. All such employees shall retain all retirement benefits and all rights of civil service which such employees had before the effective date of this act and their service shall be deemed to have been continuous. All such transfers shall be in accordance with civil service laws and rules and regulations.
(d) The employees working for the pooled money investment board shall have access at all times to all papers, documents and property in the custody or possession of the state treasurer that relate to duties of the board, and the state treasurer shall take such steps as may be necessary to make this provision of law effective for such purposes as the pooled money investment board may indicate.
(e) The director of investments shall keep and preserve a written record of the board's proceedings.
(f) The board shall make an annual report to the legislature of the investments by the board of all moneys under the jurisdiction and control of the board, by filing a copy of the report with the chief clerk of the house of representatives and with the secretary of the senate no later than the 10th calendar day of each regular session of the legislature.
History: L. 1967, ch. 447, § 25; L. 1974, ch. 364, § 36; L. 1975, ch. 454, § 1; L. 1978, ch. 332, § 45; L. 1992, ch. 261, § 1; L. 1994, ch. 105, § 11; L. 1996, ch. 254, § 25; L. 1998, ch. 161, § 4; L. 2016, ch. 47, § 2; May 12.
The board shall not award any bank a state bank account if such bank claims exemption from the payment of any sales or compensating use tax under the laws of this state. The director of taxation shall notify the board at least ten (10) days before any award of state bank accounts of the names and addresses of all banks which have claimed exemption from the payment of any of said taxes.
History: L. 1967, ch. 447, § 26; June 1.
History: L. 1967, ch. 447, § 27; Repealed, L. 1992, ch. 146, § 28; July 1.
Nothing contained in this act shall be construed or interpreted to impair the obligation of any contract. This act shall be construed to limit the obligations of the state on any existing contract or agreement for the deposit of public moneys or funds to that which is specifically provided in any such contract to the shortest term or period of time authorized by such contract. All options of the state to terminate in any manner whatsoever any agreement in conflict with the provisions of this act shall be and hereby are exercised. Every state officer, board, commission and employee administering any of the affairs or matters of the state and having the right to exercise such an option is hereby directed to exercise such option under penalty of removal from office or state service and personal liability for any loss resulting therefrom.
History: L. 1967, ch. 447, § 28; June 1.
The interest requirements on investment accounts as provided in this act shall not at any time be in violation of any act of the congress of the United States, or of any rule or regulation of the federal reserve system or the federal deposit insurance corporation, or any other fiscal agency of the United States or created by it. Should the United States or any of its agencies at any time fix the maximum rate of interest which may be paid on investment accounts at an amount lower than the rate at which interest is required to be paid under the provisions of this act, such maximum rates fixed by the United States or its agencies shall become the rate at which interest shall be paid on such accounts.
History: L. 1967, ch. 447, § 29; L. 1992, ch. 146, § 19; July 1.
History: L. 1967, ch. 447, § 17; Repealed, L. 1968, ch. 236, § 4; March 26.
The making of profit by the treasurer or director of accounts and reports out of any moneys in the state treasury, the custody of which the treasurer or director of accounts and reports is charged with, by lending, depositing, or otherwise using, or disposing of the same in any manner whatsoever not provided in this act, or the removal by the treasurer or director of accounts and reports or by such official's consent, of any securities deposited by any bank under the provisions of this act out of the treasury, or failing to return or dispose of any securities as provided by law, shall be deemed a felony, and on conviction thereof, the treasurer or director of accounts and reports shall be punished by imprisonment in the custody of the secretary of corrections for a term of not less than two nor more than five years. In addition to such criminal liability the treasurer or director of accounts and reports and the surety thereof shall also be liable, on official bond, for all profits realized from such unlawful use of any moneys. It shall be the duty of the attorney general to enter and prosecute to final termination all actions for violation of this act.
History: L. 1967, ch. 447, § 23; L. 1990, ch. 309, § 42; L. 1996, ch. 254, § 23; May 23.
If any member of the board neglects at any time to do or perform any duty required of him or her by this act, he or she shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine of one thousand dollars ($1,000).
History: L. 1967, ch. 447, § 24; June 1.
History: L. 1967, ch. 438, § 1; Repealed, L. 1967, ch. 453, § 15; April 25.
The provisions of this act shall apply to all contracts for deposit of state moneys for terms commencing on or after August 1, 1975, and shall not apply to contracts for terms ending prior to August 1, 1975.
History: L. 1975, ch. 453, § 13; April 25.
State moneys shall be invested and reinvested by the director of investments in accordance with investment policies provided by law, by rules and regulations and published policies of the board. The pooled money investment board shall not contract for management of investments by a money manager. The board shall adopt rules and regulations or published policies pursuant to K.S.A. 75-4209, and amendments thereto establishing investment policies and procedures. Such policies and procedures shall address liquidity, diversification, safety of principal, yield, maturity and quality and capability of investment management, with primary emphasis on safety and liquidity. Such investment policy shall specify when or under what circumstances securities may be disposed of prior to maturity. Such investment policies and procedures shall be reviewed annually by the pooled money investment board.
History: L. 1992, ch. 146, § 8; L. 1996, ch. 254, § 26; May 23.
The provisions of this act shall apply to all contracts for deposit of state moneys for terms commencing on or after August 1, 1992, and shall not apply to contracts for terms ending prior to August 1, 1992.
History: L. 1992, ch. 146, § 27; July 1.
(a) Except as provided in subsection (c) and in subsection (f), all moneys in the state treasury shall be invested as a single portfolio which is hereby designated as the pooled money investment portfolio. The portfolio shall be invested in accordance with article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto. The director of investments shall compute daily the earnings of the portfolio, including realized gains and losses. The pooled money investment board by written policy may provide for allocation of unrealized gains or losses. The director of investments shall calculate on a daily basis and shall deduct from earnings an administrative fee which shall be set by the board and applied as a fixed percentage of moneys in the pooled money investment portfolio. The administrative fee shall not exceed .25% annually on moneys deposited in the municipal investment pool and .10% annually on other moneys in the pooled money investment portfolio. The director of investments shall deposit the administrative fee in accordance with K.S.A. 75-4235, and amendments thereto. The gross earnings, after deduction of the administrative fee, shall be designated as the net earnings of the pooled money investment portfolio.
(b) The pooled money investment board may contract for the services of an external investment advisor to provide advisory services concerning the investment policies and practices of the pooled money investment portfolio. Such investment advisor shall not be the person or firm contracted with under K.S.A. 75-4264, and amendments thereto.
(c) Moneys in the employment security fund established by K.S.A. 44-712, and amendments thereto, shall not be invested in the pooled money investment portfolio except as may be authorized by the secretary of labor pursuant to subsection (e) of K.S.A. 44-712, and amendments thereto.
(d) For moneys in funds designated in this subsection that are in the pooled money investment portfolio and which are not invested in the municipal investment pool, interest is to be paid on such moneys based on the average daily balance in the fund for each month and the net earnings rate of the pooled money investment portfolio for such month. This subsection shall apply to the state highway fund and funds for bonds and other debt instruments of state agencies and authorities.
(e) Moneys in funds designated in this subsection shall not be invested in investment options of the municipal investment pool fund for which the minimum term of such investment is less than 21 days. This subsection shall apply to state moneys, other than moneys of municipalities as described in subsection (a) of K.S.A. 12-1675, and amendments thereto.
(f) The amount of state moneys certified by the state treasurer as equivalent to the aggregate net amount received for unclaimed property under K.S.A. 75-2263, and amendments thereto, shall be managed and invested as provided in K.S.A. 75-2263, and amendments thereto.
History: L. 1996, ch. 254, § 1; L. 1998, ch. 161, § 5; L. 2000, ch. 110, § 3; L. 2004, ch. 179, § 118; July 1.
(a) The administrative fee authorized by K.S.A. 75-4234 shall be credited to the pooled money investment portfolio fee fund, which is hereby created.
(b) The director of investments may deduct from the pooled money investment portfolio fee fund amounts to pay expenses incurred in the administration of the pooled money investment portfolio. All expenditures from such fee fund for reimbursement of administrative expenses shall be made in accordance with appropriation acts pursuant to vouchers of the director of investments. The director of investments shall certify, periodically, the amount in the pooled money investment portfolio fee fund not necessary for reimbursement of administrative expenses and the director of accounts and reports shall transfer and credit the amount certified in accordance with the provisions of subsection (c).
(c) The total amount transferred pursuant to subsection (b) shall be credited to the municipal investment pool fund until an amount equal to the net losses in such fund as of July 1, 1996, have been credited to such fund, thereafter, the total amount transferred pursuant to subsection (b), shall be credited to the state general fund.
History: L. 1996, ch. 254, § 2; May 23.
On and after the effective date of this act, whenever in the law it is provided that the pooled money investment board may or shall invest or invest and reinvest moneys of the state or any state agency or municipality, or words of like effect, the same shall mean that the director of investments may or shall invest or invest and reinvest moneys of the state or such state agency or municipality in accordance with investment policies established by the pooled money investment board under K.S.A. 75-4232, and amendments thereto.
History: L. 1996, ch. 254, § 3; May 23.
(a) The director of investments shall accept requests from banks interested in obtaining investment accounts of state moneys. Such requests may be submitted any business day and shall specify the dollar amount and maturity. The director of investments is authorized to award the investment account to the requesting bank at the investment rate established by subsection (b). Awards of investment accounts pursuant to this section shall be subject to investment policies of the pooled money investment board. When multiple requests are received and are in excess of the amount available for investment that day for any maturity, awards shall be made available in ascending order from smallest to largest dollar amount requested, subject to investment policies of the board. The maximum dollar amount invested in any one bank shall not exceed 2.5% of the bank certificate of deposit program.
(b) The investment rate shall be determined each business day by the director of investments, in accordance with any procedures established by the pooled money investment board, at an interest rate that is up to 2% less than the market rate provided by this section.
(c) The market rate shall be determined each business day by the director of investments, in accordance with any procedures established by the pooled money investment board. Subject to any policies of the board, the market rate shall reflect the highest rate at which state moneys can be invested on the open market in investments authorized by K.S.A. 75-4209(a), and amendments thereto, for equivalent maturities.
(d) (1) Notwithstanding the provisions of this section, linked deposits made pursuant to the provisions of K.S.A. 2-3703 through 2-3707, and amendments thereto, shall be at an interest rate that is 2% less than the market rate determined under this section and that shall be recalculated on the first business day of each calendar year using the market rate then in effect.
(2) Notwithstanding the provisions of this section, agricultural production loan deposits made pursuant to the provisions of K.S.A. 75-4268 through 75-4274, and amendments thereto, shall be at an interest rate that is 2% less than the market rate provided by this section and that shall be recalculated on the first business day of each calendar year using the market rate then in effect.
(3) Notwithstanding the provisions of this section, loan deposits made pursuant to the city utility low-interest loan program shall be at an interest rate that is 2% less than the market rate provided by this section and that shall be recalculated on the first business day of each calendar year using the market rate then in effect.
(4) Notwithstanding the provisions of this section, economic recovery loan deposits made pursuant to the Kansas economic recovery loan deposit program shall be at an interest rate that is 2% less than the market rate provided by this section and that shall be recalculated on the first business day of each calendar year using the market rate then in effect.
(5) Notwithstanding the provisions of this section, extraordinary utility costs loan deposits made pursuant to the Kansas extraordinary utility costs loan deposit program shall be at an interest rate that is 2% less than the market rate provided by this section and that shall be recalculated on the first business day of each calendar year using the market rate then in effect.
(e) (1) The director of investments may place deposits through a selected bank, savings and loan association or savings bank that is part of a reciprocal deposit program in which the bank, savings and loan association or savings bank:
(A) Receives reciprocal deposits from other participating institutions located in the United States in an amount equal to the amount of funds deposited by the municipal corporation or quasi-municipal corporation; and
(B) for which the total cumulative amount of each deposit does not exceed the maximum deposit insurance amount for one depositor at one financial institution as determined by the federal deposit insurance corporation.
(2) Such deposits shall not be treated as securities and need not be secured as provided in this or any other act, except that such deposits shall be secured as provided in K.S.A. 75-4218, and amendments thereto, when they are held by the selected financial institution prior to placement with reciprocal institutions or upon maturity.
(f) The pooled money investment board shall establish procedures for administering reciprocal deposit programs in its investment policies, as authorized by K.S.A. 75-4232, and amendments thereto.
History: L. 1997, ch. 180, § 1; L. 2000, ch. 82, § 16; L. 2000, ch. 159, § 12; L. 2001, ch. 78, § 2; L. 2009, ch. 49, § 3; L. 2021, ch. 4, § 7; L. 2021, ch. 87, § 23; L. 2025, ch. 41, § 10; July 1.
Whenever any state agency or authority has issued bonds in accordance with law and has received proceeds from the sale thereof, all of which proceeds are not immediately needed to pay for obligations for which the bonds were issued, such amounts not so immediately needed are referred to in this act as "currently surplus bond proceeds" or "surplus proceeds." Whenever surplus proceeds exist and investment thereof is not specifically prohibited by the statute authorizing the bond issue, or the trust agreement, indenture or resolution under which the bonds were issued, then the surplus proceeds shall be invested as provided in this act, subject only to any limitations contained in the applicable bond statute, trust agreement, indenture and resolution, or any of them.
History: L. 1973, ch. 359, § 1; July 1.
Whenever any state agency has issued bonds, and there exists a sinking fund or other reserve fund in connection therewith, and such sinking fund or other reserve fund contains any moneys not immediately needed for payment of the obligations of such sinking fund or other reserve fund, such amounts not so immediately needed are referred to in this act as "currently surplus reserve funds" or "surplus reserves." Whenever surplus reserves exist and investment thereof is not specifically prohibited by the statute authorizing the bond issue, or the trust agreement, indenture or resolution under which the bonds are issued, then the surplus reserves shall be invested as provided in this act, subject only to any limitations contained in the applicable bond statute, trust agreement; indenture and resolution, or any of them.
History: L. 1973, ch. 359, § 2; July 1.
Whenever any state agency or authority has issued any bonds in connection with which there exists surplus proceeds or surplus reserves, the director of investments shall have management responsibility to invest the same as required by this act, unless the applicable bond statute, trust agreement, indenture or resolution requires a different management responsibility, in which case the person or agency so specified to have such management responsibility shall invest such surplus proceeds or surplus reserves as provided in this act.
History: L. 1973, ch. 359, § 3; L. 1976, ch. 386, § 4; L. 1996, ch. 254, § 27; May 23.
The director of investments may invest and reinvest the moneys of surplus proceeds and surplus reserves in:
(a) Investments enumerated in K.S.A. 10-131, and amendments thereto; or
(b) the pooled money investment portfolio.
History: L. 1973, ch. 359, § 4; L. 1975, ch. 404, § 9; L. 1987, ch. 295, § 13; L. 1989, ch. 48, § 98; L. 1996, ch. 254, § 28; May 23.
Except as provided in this section the custody of moneys to which this act applies and securities acquired under authority of this act shall remain in the custody of the state treasurer or in such other custody as may be specifically required by the applicable bond statute, trust agreement, indenture or resolution. The net interest or other income from investments authorized by this act shall be considered income of the fund having such surplus proceeds or surplus reserves.
History: L. 1973, ch. 359, § 5; July 1.
All moneys, investments and funds to which this act applies shall be subject to post audit under article 11 of chapter 46 of Kansas Statutes Annotated.
History: L. 1973, ch. 359, § 6; L. 1980, ch. 281, § 1; L. 1988, ch. 184, § 8; July 1.
History: L. 1973, ch. 361, § 1; L. 1976, ch. 58, § 7; Repealed, L. 1985, ch. 283, § 2; July 1.
History: L. 1973, ch. 361, § 2; Repealed, L. 1985, ch. 283, § 2; July 1.
History: L. 1973, ch. 361, § 3; L. 1975, ch. 453, § 11; L. 1976, ch. 386, § 5; Repealed, L. 1985, ch. 283, § 2; July 1.
History: L. 1973, ch. 361, § 4; Repealed, L. 1985, ch. 283, § 2; July 1.
On July 1, 1985, the director of accounts and reports shall transfer all moneys in the federal revenue sharing fund to the state general fund. All moneys constituting unencumbered balances in accounts in the federal revenue sharing fund on such date shall at the time of transfer be credited to comparable accounts in the state general fund which shall be created by the director of accounts and reports for such purpose. All moneys in the accounts so created are hereby reappropriated for the purposes for which they were originally appropriated from the federal revenue sharing fund. On July 1, 1985, all liabilities of the federal revenue sharing fund are hereby imposed on the state general fund and the federal revenue sharing fund is hereby abolished.
History: L. 1985, ch. 283, § 1; July 1.
(a) State agencies having statutorily authorized loans from the pooled money investment board are hereby authorized to undertake projects to convert such loans to bond financing in accordance with this section.
(b) No bonds shall be issued for any such project unless: (1) The secretary of administration has determined that it is in the financial best interests of the state; (2) the bonds are sold at public sale; (3) bond counsel provides an opinion that the interest on the bonds is excluded from gross income for federal income tax purposes; and (4) such project has been approved by the secretary of administration. Upon approval by the secretary of administration, any such project is hereby approved for the purposes of subsection (b) of K.S.A. 74-8905, and amendments thereto.
(c) The director of investments is hereby authorized to invest the proceeds of loans repaid pursuant to this section, and interest earnings thereon, in: (1) United States government obligations with maturities no longer than the date the loan from the board was to be repaid; or (2) investments with banks operating in Kansas, at interest rates at or above the average yield that investments in United States securities would earn for similar maturities.
History: L. 1992, ch. 152, § 1; L. 1996, ch. 254, § 29; May 23.
(a) Except as provided in subsection (b), moneys of a state agency or public instrumentality of this state which may be invested by the director of investments in accordance with investment policies established by the pooled money investment board under K.S.A. 75-4232, and amendments thereto, expressly for such agency or instrumentality, or invested directly by the agency or instrumentality, may be invested in the municipal investment pool fund established in K.S.A. 1997 Supp. 12-1677a and amendments thereto. Such agency or instrumentality shall be treated as a municipality for purposes of participation in such fund.
(b) On and after July 1, 1996, state moneys eligible for investment under subsection (a) of K.S.A. 75-4209, and amendments thereto, shall not be invested in the municipal investment pool fund.
History: L. 1993, ch. 207, § 10; L. 1995, ch. 194, § 4; L. 1996, ch. 254, § 30; L. 1997, ch. 180, § 29; May 29.
History: L. 1998, ch. 161, § 3; Repealed, L. 2003, ch. 4, § 2; July 1.
(a) The secretary of health and environment and the secretary for aging and disability services shall take necessary actions to establish an intergovernmental transfer program as a part of the nursing facility services payment program within the medicaid state plan.
(b) In implementing the intergovernmental transfer program, the secretary for aging and disability services shall disburse moneys received from the federal government for the intergovernmental transfer program and moneys transferred from the state general fund to the intergovernmental transfer fund for the program to units of government which have entered into participation agreements with the secretary for aging and disability services and the secretary of health and environment. The amount of moneys disbursed to the units of government from moneys transferred from the state general fund to the intergovernmental transfer fund for the program shall not exceed the amount necessary to match federal funds available to the state under the intergovernmental transfer program. The secretary for aging and disability services shall periodically calculate the amount of federal funds available under the program according to the methodology prescribed for the intergovernmental transfer program in the medicaid state plan.
(c) The secretary of health and environment and the secretary for aging and disability services are authorized to enter into intergovernmental transfer program participation agreements with units of government which own and operate nursing facilities. The participation agreements may permit the units of government to retain a participation fee specified by the secretary for aging and disability services from moneys received under the intergovernmental transfer program which are otherwise required to be transferred back to the secretary for aging and disability services.
(d) (1) There is hereby established the intergovernmental transfer fund in the state treasury which shall be administered by the secretary for aging and disability services in accordance with this act. All expenditures from the intergovernmental transfer fund shall be to disburse the state match amount under the intergovernmental transfer 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 secretary for aging and disability services or the secretary's designee. Subject to the provisions of appropriation acts, when the secretary for aging and disability services determines that an amount of federal medicaid moneys is available for the intergovernmental transfer program, the secretary for aging and disability services shall determine the amount required as the state match and shall certify that amount to the director of accounts and reports. Upon receipt of each such state match certification, the director of accounts and reports shall transfer the amount certified by revenue transfer from the state general fund to the intergovernmental transfer fund. Upon the crediting of such state match amount in the intergovernmental transfer fund, the secretary for aging and disability services shall disburse the amount of federal moneys and the state match amount to the units of government that have entered into participation agreements under the program.
(2) Each unit of government receiving a disbursement under the intergovernmental transfer program shall reimburse the amount of money received, less the amount of the participation fee, to the secretary for aging and disability services. Upon receipt of each amount of moneys from participating units of government under the intergovernmental transfer program, the secretary for aging and disability services shall deposit the entire amount in the state treasury to the credit of the intergovernmental transfer fund. The secretary for aging and disability services shall determine the amount of each such deposit that was transferred from the state general fund to match medicaid federal funds under the intergovernmental transfer program and shall certify such amount to the director of accounts and reports. Upon receipt of each such certification, the director of accounts and reports shall retransfer the amount certified from the intergovernmental transfer fund to the state general fund.
(e) There is hereby established the intergovernmental transfer administration fund in the state treasury which shall be administered by the secretary for aging and disability services in accordance with this act. All expenditures from the intergovernmental transfer administration fund shall be to pay the costs of administering the intergovernmental transfer 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 secretary for aging and disability services or the secretary's designee. The secretary for aging and disability services shall recover the costs of administering the intergovernmental transfer program from the intergovernmental transfer fund by certifying the amount of such costs to the director of accounts and reports each calendar quarter. Upon receipt of each certification of costs from the secretary for aging and disability services under this subsection, the director of accounts and reports shall transfer the amount certified from the intergovernmental transfer fund to the intergovernmental transfer administration fund.
(f) After each amount of moneys is credited to the intergovernmental transfer fund and the amount of the state match that had been transferred from the state general fund has been transferred back to the state general fund pursuant to subsection (d)(2), and after the transfer of the amount certified by the secretary for aging and disability services to the intergovernmental transfer administration fund pursuant to subsection (e), if any, the director of accounts and reports shall transfer the remaining amount in the intergovernmental transfer fund as follows:
Seventy percent of such amount shall be transferred to the senior services trust fund, 5% of such amount shall be transferred to the long-term care loan and grant fund and 25% of such amount shall be transferred to the following special revenue funds in an amount specified by appropriation acts of the legislature for each such fund: State medicaid match – fund – Kansas department for aging and disability services and the state medicaid match fund – department of health and environment.
(g) There is hereby established the senior services fund in the state treasury which shall be administered by the secretary for aging and disability services in accordance with this act. All expenditures from the senior 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 for aging and disability services or the secretary's designee. Moneys in the senior services fund shall be used by the secretary for aging and disability services only for projects intended: (1) To reduce future medicaid costs to the state; (2) to help seniors avoid premature institutionalization; (3) to improve the quality of care or the quality of life of seniors who are customers of long-term care programs; (4) to satisfy state matching requirements for senior service programs authorized by federal law; or (5) to provide financial assistance under the senior pharmacy assistance program. Moneys credited to the senior services fund from income of investments of the moneys in the senior services trust fund shall not be used to create or fund any entitlement program not in existence on the effective date of this act.
(h) There is hereby established the long-term care loan and grant fund in the state treasury which shall be administered by the secretary for aging and disability services in accordance with this act. All expenditures from the long-term care loan and 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 secretary for aging and disability services or the secretary's designee. Moneys in the long-term care loan and grant fund shall be used to make loans under the long-term care loan program developed by the secretary for aging and disability services in accordance with this section and grants under the long-term grant program developed by the secretary for aging and disability services in accordance with this section.
(i) The secretary for aging and disability services is hereby authorized to develop and implement a long-term care loan program in accordance with this section. Subject to the provisions of this section and the provisions of appropriation acts, the secretary for aging and disability services may enter into loan agreements for market-rate, low-interest or no-interest, fully or partially secured or unsecured loans with repayment provisions and other terms and conditions as may be prescribed by the secretary under such program. Loans under the long-term care loan program may be made for the following:
(1) Converting all or parts of some types of licensed adult care homes from their existing licensure types to different licensure types to meet demonstrated changing service demands in their communities;
(2) converting private residences to licensed homes plus facilities, as defined by K.S.A. 39-923, and amendments thereto;
(3) converting space in rural hospitals to hospital-based long-term care facilities;
(4) improving quality in some types of licensed adult care homes;
(5) rural hospitals contracting for physician, physician assistant or licensed professional nurse services; or
(6) building congregate housing for seniors in Kansas cities with populations of 2,500 or less.
(j) The secretary for aging and disability services may consider the following factors to prioritize and select loans under the long-term care loan program, grants under the long-term care grant program and projects financed from the senior services fund:
(1) Type of loan – higher interest is preferable to lower interest and more secured is preferable to less secured;
(2) size of facility – facilities having less than 60 beds are preferable to facilities having 60 beds or more;
(3) availability and utilization of the same type of facilities or services in the proposed loan or project area;
(4) type of facility owner or borrower – unit of government, not-for-profit organizations, for-profit organizations, and individuals, in that order of preference; and
(5) type of research project organization – geriatric schools or programs in Kansas colleges or universities, Kansas colleges or universities, educational foundations, foreign colleges or universities, Kansas not-for-profit organizations, Kansas for-profit organizations, foreign not-for-profit organizations, foreign for-profit organizations, and individuals, in that order of preference.
(k) All moneys received from repayments of principal and interest of any loan made under this act shall be deposited in the state treasury and credited to the long-term care loan and grant fund within the state treasury and used to make new loans or grants under this section. The repayment of a loan or of a senior services fund project contract or grant may not be forgiven, in whole or in part, except as authorized by law.
(l) The secretary for aging and disability services is hereby authorized to develop and implement a long-term care grant program in accordance with this section. Subject to the provisions of this section and the provisions of appropriation acts, the secretary for aging and disability services may make competitive matching grants under such terms and conditions as may be prescribed by the secretary under such program. Grants under the long-term care grant program may be made only from the amount of moneys received for interest payments under loan agreements under the long-term care loan program and credited to the long-term care loan and grant fund. Grants under the long-term care grant program may be made for the following:
(1) Grants for improvements in the quality of case management services under home and community-based services (HCBS) programs and for improvements for adult care homes; and
(2) financial assurance grants for community service providers under home and community-based services (HCBS) programs.
(m) For purposes of this section, "units of government" and "units of government which own and operate nursing facilities" which are eligible to enter into intergovernmental transfer program participation agreements shall be limited to cities of the first class, cities of the second class, counties, hospital districts, or health care facilities and services hospital districts which hold legal title to and are actively involved in the day-to-day operations of any of the following:
(1) Medicaid-certified nursing facilities and nursing facilities for mental health, as defined in K.S.A. 39-923, and amendments thereto;
(2) medicaid-certified long-term care facilities which are operated in connection with city hospitals established under K.S.A. 13-14b01 et seq., and amendments thereto or K.S.A. 14-601 et seq., and amendments thereto, county hospitals established under K.S.A. 19-4601 et seq., and amendments thereto, or district hospitals established under K.S.A. 80-2501 et seq., and amendments thereto; or
(3) medicaid-certified long-term care facilities operated under authority of K.S.A. 80-2550 et seq., and amendments thereto.
(n) Entities eligible to apply for loans under the long-term care loan program under this section shall be limited to the owners of:
(1) Licensed adult care homes, excluding nursing facilities for mental health and intermediate care facilities for people with intellectual disability, as defined in K.S.A. 39-923, and amendments thereto;
(2) medicaid-certified licensed hospitals and medicaid-certified long-term care facilities based in or operated in connection with licensed hospitals as defined in K.S.A. 65-425, and amendments thereto;
(3) private residences which the owners will contract to convert into licensed homes plus facilities, as defined in K.S.A. 39-923, and amendments thereto, and in which the owners will reside after the conversion and licensure; or
(4) congregate senior housing projects being built with loans in Kansas cities with a population of 2,500 or less.
(o) There is hereby established the state medicaid match fund – Kansas department for aging and disability services in the state treasury which shall be administered by the secretary for aging and disability services in accordance with this act. All expenditures from the state medicaid match fund – Kansas department for aging and disability services 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 for aging and disability services or the secretary's designee. Moneys in the state medicaid match fund – Kansas department for aging and disability services shall be used to match moneys for federal medicaid programs which are the most cost efficient in providing services.
(p) There is hereby established the HCBS programs fund in the state treasury which shall be administered by the secretary for aging and disability services. All moneys in the HCBS programs fund shall be used for programs and services under the home and community-based services (HCBS) programs and as otherwise provided by law. All expenditures from the HCBS programs 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 for aging and disability services or the secretary's designee.
History: L. 2000, ch. 105, § 2; L. 2012, ch. 91, § 59; L. 2014, ch. 115, § 338; July 1.
(a) The board of trustees is responsible for the management and investment of the senior services trust fund which is hereby established in the state treasury. The board of trustees shall discharge the board's duties relative to the fund for the exclusive purpose of providing investment revenue for the purposes for which the fund moneys may be used and defraying reasonable expenses of administering the fund. The board shall invest and reinvest moneys in the fund and acquire, retain, manage, including the exercise of any voting rights, and dispose of investments of the fund within the limitations and according to the powers, duties and purposes as prescribed by this section.
(b) Moneys in the fund shall be invested and reinvested to achieve the investment objective which is preservation of the fund to provide income 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 the sole or primary investment objective is for economic development or social purposes or objectives.
(c) In investing and reinvesting moneys in the fund and in acquiring, retaining, managing and disposing of investments of the fund, the board of trustees 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.
(d) In the discharge of such management and investment responsibilities the board of trustees may contract for services of one or more professional investment advisors or other consultants in the management and investment of moneys in the fund and otherwise in the performance of the duties of the board of trustees under this act.
(e) The board of trustees shall require that each person contracted with under subsection (d) to provide services shall obtain commercial insurance which provides for errors and omissions coverage for such person in an amount to be specified by the board of trustees. The amount of such coverage specified by the board of trustees 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 of trustees shall require a person contracted with under subsection (d) to provide services 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 of trustees, with corporate surety authorized to do business in this state. Such persons contracted with the board of trustees pursuant to subsection (d) and any persons contracted with such persons to perform the functions specified in subsection (b) shall be deemed to be fiduciary agents of the board of trustees in the performance of contractual obligations.
(f) (1) Subject to the objective set forth in subsection (b) and the standards set forth in subsection (c), the board of trustees shall formulate and adopt 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 be in writing and shall include:
(A) Specific asset allocation standards and objectives;
(B) establishment of criteria for evaluating the risk versus the potential return on a particular investment; and
(C) a requirement that all investment advisors, and any managers or others with similar duties and responsibilities as investment advisors, shall immediately report all instances of default on investments to the board of trustees and provide such board of trustees with recommendations and options, including, but not limited to, curing the default or withdrawal from the investment.
(2) The board of trustees shall review such policies and objectives, make changes considered necessary or desirable and readopt such policies and objectives on an annual basis.
(g) (1) Except as provided in subsection (d) 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 of trustees 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.
(2) The state treasurer and the board of trustees shall collect the principal and interest or other income of investments or the proceeds of sale of securities of the fund in the custody of the state treasurer and shall pay such moneys when so collected into the state treasury to the credit of the fund.
(3) The principal and interest or other income or the proceeds of sale of securities of the fund as provided in paragraph (1) of this subsection shall be reported to the state treasurer, the director of accounts and reports and the board of trustees and credited to the fund.
(h) All interest or other income of the investments of the moneys in the fund, after payment of any management fees, shall be considered income of the fund and shall be withdrawn and deposited quarterly in the state treasury to the credit of the senior services fund to be used by the secretary for aging and disability services for the purposes permitted by K.S.A. 75-4265, and amendments thereto.
(i) As used in this section:
(1) "Board of trustees" means the board of trustees of the Kansas public employees retirement system established by K.S.A. 74-4905, and amendments thereto.
(2) "Fiduciary" means a person who, with respect to the fund, is a person who:
(A) Exercises any discretionary authority with respect to administration of the fund;
(B) exercises any authority to invest or manage assets of the fund or has any authority or responsibility to do so;
(C) provides investment advice for a fee or other direct or indirect compensation with respect to the assets of the fund or has any authority or responsibility to do so;
(D) provides actuarial, accounting, auditing, consulting, legal or other professional services for a fee or other direct or indirect compensation with respect to the fund or has any authority or responsibility to do so; or
(E) is a member of the board of trustees or of the staff of the board of trustees.
(3) "Fund" means the senior services trust fund.
(4) With respect to the investment of moneys in the senior services trust fund, "purposes for which the moneys may be used" means the purposes for which the moneys in the senior services fund may be used, as provided in K.S.A. 75-4265, and amendments thereto.
History: L. 2000, ch. 105, § 3; L. 2014, ch. 115, § 339; July 1.
The board of trustees of the Kansas public employees retirement system shall report to the governor and to the legislature on the moneys credited to the senior services trust fund and investment earnings thereon at least once each calendar quarter and on a monthly basis upon request of the governor, the president of the senate or the speaker of the house of representatives. The director of the budget and the governor shall use the information in such reports in the preparation of the governor's budget report under K.S.A. 75-3721, and amendments thereto.
History: L. 2000, ch. 105, § 4; April 27.
(a) The provisions of K.S.A. 75-4268 through 75-4274, and amendments thereto, shall be known and may be cited as the Kansas agricultural production loan deposit program.
(b) The provisions of K.S.A. 75-4268 through 75-4274, and amendments thereto, shall be effective on and after July 1, 2000.
History: L. 2000, ch. 101, § 1; April 27.
As used in K.S.A. 75-4268 through 75-4274, and amendments thereto: (a) "Agricultural production loan deposit" means an investment account placed by the director of investments under the provisions of article 42 of chapter 75 of the Kansas Statutes Annotated with an eligible lending institution for the purpose of carrying out the intent of this act;
(b) "agricultural production loan deposit loan package" means the forms provided by the state treasurer for the purpose of applying for an agricultural production loan deposit;
(c) "eligible lending institution" means:
(1) A bank, as defined under K.S.A. 75-4201, and amendments thereto, that agrees to participate in the Kansas agricultural production loan deposit program and is eligible to be a depository of state funds; or
(2) an institution of the farm credit system organized under the federal farm credit act of 1971 (12 U.S.C. § 2001), as amended, that agrees to participate in the Kansas agricultural production loan deposit program and provides securities acceptable to the pooled money investment board pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto; and
(d) "eligible agricultural borrower" means any individual, limited liability agricultural company, limited agricultural partnership or family farm corporation as defined in K.S.A. 17-5903, and amendments thereto, involved in farming.
History: L. 2000, ch. 101, § 2; April 27.
(a) The state treasurer is hereby authorized to administer the Kansas agricultural production loan deposit program. Such program shall be for the purpose of providing incentives for the making of agricultural production loans. The state treasurer shall promulgate rules and regulations to carry out the provisions of K.S.A. 75-4268 through 75-4274, and amendments thereto.
(b) The state treasurer shall submit an annual report outlining the status of the program to the governor and the legislature.
History: L. 2000, ch. 101, § 3; April 27.
(a) The state treasurer is hereby authorized to disseminate information and to provide agricultural production loan deposit loan packages to the lending institutions eligible for participation in this act.
(b) The agricultural production loan deposit loan package shall be completed by the borrower before being forwarded to the lending institution for consideration.
(c) (1) An eligible lending institution that agrees to receive an agricultural production loan deposit shall accept and review applications for loans from eligible agricultural borrowers. The lending institution shall apply all usual lending standards to determine the credit worthiness of eligible agricultural borrowers. No single agricultural production loan deposit loan shall exceed $250,000. The total aggregate amount of agricultural production loan deposit loans under this program shall not exceed $55,000,000 of unencumbered funds pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
(2) To be eligible to obtain an agricultural production loan, an eligible agricultural borrower must have a debt-to-asset ratio of 40% or greater.
(3) Only one agricultural production loan deposit loan shall be made and be outstanding at any one time to any agricultural borrower.
(4) No loan shall be amortized for a period of more than eight years.
(d) An eligible agricultural borrower shall certify on its loan application that the reduced rate loan will be used exclusively for the operating expenses involved in farming.
(e) The eligible lending institution may approve or reject an agricultural production loan deposit loan package based on the lending institution's evaluation of the eligible agricultural borrowers included in the package, the amount of the individual loan in the package and other appropriate considerations.
(f) The eligible lending institution shall forward to the state treasurer, an approved agricultural production loan deposit loan package, in the form and manner prescribed and approved by the state treasurer. The package shall include information regarding the amount of the loan requested by each eligible agricultural borrower and such other information regarding each eligible agricultural borrower the state treasurer requires, including a certification by the applicant that such applicant is an eligible agricultural borrower.
History: L. 2000, ch. 101, § 4; L. 2001, ch. 180, § 1; July 1.
(a) The state treasurer may accept or reject an agricultural production loan deposit loan package based on the state treasurer's evaluation of whether the loan to the eligible agricultural borrower meets the purposes of this act. If sufficient funds are not available for an agricultural production loan deposit, then the applications may be considered in the order received when funds are once again available subject to a review by the lending institution.
(b) Upon acceptance, the state treasurer shall certify to the director of investments the amount required for such agricultural production loan deposit loan package and the director of investments shall place an agricultural production loan deposit in the amount certified by the state treasurer with the eligible lending institution at an interest rate, which is 2% below the market rate provided in K.S.A. 75-4237, and amendments thereto, and which shall be recalculated on the first business day of January and July of each year using the market rate then in effect. The minimum interest rate shall be .50%, if the market rate is below 2.5%. When necessary, the state treasurer may request the director of investments to place such agricultural production loan deposit prior to acceptance of an agricultural production loan deposit loan package.
(c) The eligible lending institution shall enter into an agricultural production loan deposit agreement with the state treasurer, which shall include requirements necessary to implement the purposes of the Kansas agricultural production loan deposit program. Such requirements shall include an agreement by the eligible lending institution to lend an amount equal to the agricultural production loan deposit to eligible agricultural borrowers at an interest rate which is not more than 4% greater than the interest rate on agricultural production loan deposits as provided in subsection (b), except that for agricultural production loans made commencing on the effective date of this act and ending June 30, 2003, such interest rate shall be 4%. Such rate shall be recalculated on the first business day of January and July of each year using the market rate then in effect. The agreement shall include provisions for the agricultural production loan deposit to be placed for a maturity considered appropriate in coordination with the underlying agricultural production loan. The agreement shall include provisions for the reduction of the agricultural production loan deposit in an amount equal to any payment of loan principal by the eligible agricultural borrower.
History: L. 2000, ch. 101, § 5; L. 2001, ch. 180, § 2; L. 2003, ch. 31, § 1; L. 2009, ch. 123, § 2; July 1.
(a) Upon the placement of an agricultural production loan deposit with an eligible lending institution, the institution shall fund the loan to each approved eligible agricultural borrower listed in the agricultural production loan deposit loan package in accordance with the agricultural production loan deposit agreement between the institution and the state treasurer. The loan shall be at a rate as provided in K.S.A. 75-4272, and amendments thereto. A certification of compliance with this section in the form and manner as prescribed by the state treasurer shall be required of the eligible lending institution.
(b) The state treasurer shall take any and all steps necessary to implement the Kansas agricultural production loan deposit program.
History: L. 2000, ch. 101, § 6; April 27.
The state and the state treasurer shall not be liable to any eligible lending institution in any manner for payment of the principal or interest on the loan to an eligible agricultural borrower. Any delay in payments or default on the part of an eligible agricultural borrower does not in any manner affect the agricultural production loan deposit agreement between the eligible lending institution and the state treasurer.
History: L. 2000, ch. 101, § 7; April 27.
Any state bank, national banking association or production credit association or agricultural credit association chartered by the farm credit administration under the federal farm credit act, as amended (12 U.S.C. § 2001 et seq.), who claims a tax credit pursuant to K.S.A. 79-1126a or 79-32,181a, and amendments thereto, shall not use any funds from an agricultural production loan deposit, invested pursuant to K.S.A. 75-4268 through 75-4274, and amendments thereto, for agricultural production loans to qualify for the tax credit pursuant to K.S.A. 79-1126a or 79-32,181a, and amendments thereto.
History: L. 2000, ch. 101, § 12; April 27.
The provisions of K.S.A. 75-4276 through 75-4282, and amendments thereto, shall be known and may be cited as the Kansas housing loan deposit program.
History: L. 2008, ch. 115, § 2; July 1.
As used in K.S.A. 75-4276 through 75-4282, and amendments thereto:
(a) "Housing loan deposit" means an investment account placed by the director of investments under the provisions of article 42 of chapter 75 of the Kansas Statutes Annotated with an eligible lending institution for the purpose of carrying out the intent of this act;
(b) "housing loan deposit loan package" means the forms provided by the state treasurer for the purpose of applying for a housing loan deposit;
(c) "eligible lending institution" means a depository bank, as defined under K.S.A. 75-4201, and amendments thereto, that agrees to participate in the Kansas housing loan deposit program and is eligible to be a depository of state funds;
(d) "eligible developer borrower" means any person, firm or corporation building new houses or not-for-profit adult care homes or rehabilitating existing houses or not-for-profit adult care homes;
(e) "house" means a single-family or multi-family dwelling that initially sells or is appraised at or below the average area purchase price safe harbor for the state of Kansas as established by the state treasurer through rules and regulations based on the requirements of section 143(e) of the internal revenue code of 1986 for homes that are eligible for mortgage revenue bonds; and
(f) "adult care home" means the same as in K.S.A. 39-923, and amendments thereto.
History: L. 2008, ch. 115, § 3; L. 2010, ch. 113, § 1; L. 2012, ch. 158, § 2; July 1.
(a) The state treasurer is hereby authorized to administer the Kansas housing loan deposit program. Such program shall be for the purpose of providing incentives for the making of housing and adult care homes construction development loans. The state treasurer shall promulgate rules and regulations to carry out the provisions of K.S.A. 75-4276 through 75-4282, and amendments thereto.
(b) The state treasurer shall submit an annual report outlining the status of the program to the governor and the legislature.
History: L. 2008, ch. 115, § 4; L. 2012, ch. 158, § 3; July 1.
(a) The state treasurer is hereby authorized to disseminate information and to provide housing loan deposit loan packages to the lending institutions eligible for participation in this act.
(b) The housing loan deposit loan package shall be completed by the borrower before being forwarded to the lending institution for consideration.
(c) (1) An eligible lending institution that agrees to receive a housing loan deposit shall accept and review applications for loans from eligible developer borrowers. The lending institution shall apply all usual lending standards to determine the credit worthiness of eligible developer borrowers. The total aggregate amount of housing loan deposit loans under this program shall not exceed $60,000,000 of unencumbered funds pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
(2) No more than $2,000,000 shall be outstanding at any one time to any developer borrower.
(3) No loan for a house shall be amortized for a period of more than five years.
(4) No loan for an adult care home shall be amortized for a period of more than 20 years.
(5) Loans for adult care homes shall not exceed 40% of the aggregate amount available under subsection (c)(1), except such limitation shall not apply to loans for assisted living, residential health care or home plus facilities. Loans for assisted living, residential health care, home plus facilities and other adult care homes shall not exceed 90% of the aggregate amount available.
(d) An eligible developer borrower shall certify on its loan application that the reduced rate loan will be used exclusively for the expenses involved in building houses.
(e) The eligible lending institution may approve or reject a housing loan deposit loan package based on the lending institution's evaluation of the eligible developer borrowers included in the package, the amount of the individual loan in the package and other appropriate considerations.
(f) The eligible lending institution shall forward to the state treasurer, an approved housing loan deposit loan package, in the form and manner prescribed and approved by the state treasurer. The package shall include information regarding the amount of the loan requested by each eligible developer borrower and such other information regarding each eligible developer borrower the state treasurer requires, including a certification by the applicant that such applicant is an eligible developer borrower.
(g) From July 1, 2008, through December 31, 2010, 50% of the total aggregate amount available under subsection (c)(1), shall be made available for housing loans to eligible developer borrowers building houses in the city of Chanute, Coffeyville, Erie, Fredonia, Greensburg, Independence, Iola, Neodesha, or Osawatomie, Kansas, or within one mile of the city limits of any such city.
History: L. 2008, ch. 115, § 5; L. 2010, ch. 113, § 2; L. 2012, ch. 158, § 4; July 1.
(a) The state treasurer may accept or reject a housing loan deposit loan package based on the state treasurer's evaluation of whether the loan to the eligible developer borrower meets the purposes of this act. If sufficient funds are not available for a housing loan deposit, then the applications may be considered in the order received when funds are once again available subject to a review by the lending institution.
(b) Upon acceptance, the state treasurer shall certify to the director of investments the amount required for such housing loan deposit loan package and the director of investments shall place a housing loan deposit in the amount certified by the state treasurer with the eligible lending institution at an interest rate, which is 2% below the market rate provided in K.S.A. 75-4237, and amendments thereto, and which shall be recalculated on the first business day of January and July of each year using the market rate then in effect. The minimum interest rate shall be .50%, if the market rate is below 2.5%. When necessary, the state treasurer may request the director of investments to place such housing loan deposit prior to acceptance of a housing loan deposit loan package.
(c) The eligible lending institution shall enter into a housing loan deposit agreement with the state treasurer, which shall include requirements necessary to implement the purposes of the Kansas housing loan deposit program. Such requirements shall include an agreement by the eligible lending institution to lend an amount equal to the housing loan deposit to eligible developer borrowers at an interest rate which is not more than 4% greater than the interest rate on housing loan deposits as provided in subsection (b). Such rate shall be recalculated on the first business day of January and July of each year using the market rate then in effect. The agreement shall include provisions for the housing loan deposit to be placed for a maturity considered appropriate in coordination with the underlying housing loan. The agreement shall include provisions for the reduction of the housing loan deposit in an amount equal to any payment of loan principal by the eligible developer borrower.
History: L. 2008, ch. 115, § 6; L. 2009, ch. 123, § 3; July 1.
(a) Upon the placement of a housing loan deposit with an eligible lending institution, the institution shall fund the loan to each approved eligible developer borrower listed in the housing loan deposit loan package in accordance with the housing loan deposit agreement between the institution and the state treasurer. The loan shall be at a rate as provided in K.S.A. 75-4280, and amendments thereto. A certification of compliance with this section in the form and manner as prescribed by the state treasurer shall be required of the eligible lending institution.
(b) The state treasurer shall take any and all steps necessary to implement the Kansas housing loan deposit program.
History: L. 2008, ch. 115, § 7; July 1.
The state and the state treasurer shall not be liable to any eligible lending institution in any manner for payment of the principal or interest on the loan to an eligible developer borrower. Any delay in payments or default on the part of an eligible developer borrower does not in any manner affect the housing loan deposit agreement between the eligible lending institution and the state treasurer.
History: L. 2008, ch. 115, § 8; July 1.
(a) K.S.A. 2025 Supp. 75-4283 through 75-4289, and amendments thereto, shall be known and may be cited as the Kansas extraordinary utility costs loan deposit program.
(b) The Kansas extraordinary utility costs loan deposit program shall be a part of and supplemental to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2021, ch. 87, § 1; April 29.
As used in the Kansas extraordinary utility costs loan deposit program:
(a) "Director of investments" means the person appointed as the director of investments pursuant to K.S.A.
75-4222, and amendments thereto;
(b) "eligible borrower" means any wholesale natural gas customer located in the state of Kansas that incurs extraordinary natural gas costs due to the extreme winter weather event of February 2021 and is not an individual obtaining a loan for personal, family or household purposes; and
(c) "eligible lending institution" means a financial institution that is:
(1) A bank, as defined under K.S.A.
75-4201, and amendments thereto, that agrees to participate in the program and is eligible to be a depository of state funds;
(2) a credit union, as defined under K.S.A.
17-2231, and amendments thereto, that agrees to participate in the program and that provides securities acceptable to the pooled money investment board pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto; or
(3) an institution of the farm credit system organized under the federal farm credit act of 1971, 12 U.S.C. § 2001, as in effect on the effective date of this act, having at least one branch in the state of Kansas and that agrees to participate in the program and that provides securities acceptable to the pooled money investment board pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
(d) "extraordinary utility costs loan deposit" means an investment account placed by the director of investments under the provisions of article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto, with an eligible lending institution for the purpose of carrying out the intent of the Kansas extraordinary utility costs loan deposit program;
(e) "extraordinary utility costs loan deposit loan" or "loan" means a loan made by an eligible lending institution to an eligible borrower from the eligible lending institution's extraordinary utility cost loan deposit as part of the Kansas extraordinary utility costs loan deposit program;
(f) "extraordinary utility costs loan deposit loan package" means the forms provided by the state treasurer for the purpose of applying for an extraordinary utility costs loan deposit;*
(g) "extraordinary utility costs loan deposit program" or "program" means a state-administered program in which eligible lenders are charged less than the market rate of interest and eligible borrowers receive a reduction in interest charged on a loan in the amount of the deposit;**
History: L. 2021, ch. 87, § 2; April 29.
(a) (1) The state treasurer is hereby authorized to administer the Kansas extraordinary utility costs loan deposit program.
(2) The program shall be for the purpose of providing incentives for the making of loans to eligible borrowers for extraordinary natural gas costs incurred during the extreme winter weather event of February 2021.
(3) The total aggregate amount of extraordinary utility costs loan deposit loans under the program shall not exceed the amount of unencumbered funds pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto, certified by the state treasurer and directed to be reinvested pursuant to K.S.A. 2025 Supp. 75-4299, and amendments thereto.
(4) (A) Notwithstanding the provisions of any statute to the contrary, a school district, as defined in K.S.A. 72-6486, and amendments thereto, that is an eligible borrower is hereby authorized to enter into loan agreements under the program.
(B) The provisions and restrictions of the cash basis and budget laws of this state shall not apply to any loan received by a school district under the program.
(C) To the extent that any of the provisions of K.S.A. 2025 Supp. 75-4283 through 75-4289, and amendments thereto, conflict with the provisions of chapter 72 of the Kansas Statutes Annotated, and amendments thereto, the provisions of K.S.A. 2025 Supp. 75-4283 through 75-4289, and amendments thereto, shall control.
(D) Any loan made to a school district under the program shall not be considered bonded indebtedness for the purpose of any statute imposing a limitation on indebtedness of a school district.
(b) The state treasurer shall adopt all rules and regulations necessary to enact and administer the provisions of the Kansas extraordinary utility costs loan deposit program. Such rules and regulations shall be adopted not later than February 1, 2022.
(c) The state treasurer shall submit an annual report to the governor and the legislature identifying the eligible lending institutions that are participating in the program and the eligible borrowers who have received an extraordinary utility costs loan deposit loan. The annual report shall provide the aggregate amount of moneys loaned and the amount of moneys still available for loan, if any. Such report shall be due on or before January 1, 2023, and each January 1 thereafter.
(d) The legislature shall perform a review of the program as a part of the state treasurer's annual report on or after January 1, 2024.
History: L. 2021, ch. 87, § 3; April 29.
(a) The state treasurer is hereby authorized to disseminate information and to provide extraordinary utility costs loan deposit loan packages to the lending institutions eligible for participation in the Kansas extraordinary utility costs loan deposit program.
(b) The extraordinary utility costs loan deposit loan package shall be completed by the eligible borrower before being forwarded to the lending institution for consideration.
(c) (1) An eligible lending institution that agrees to receive an extraordinary utility costs loan deposit shall accept and review applications for loans from eligible borrowers.
(2) The lending institution shall apply all usual lending standards to determine the creditworthiness of eligible borrowers.
(3) No single extraordinary utility costs loan deposit loan shall exceed $500,000.
(4) Only one extraordinary utility costs loan deposit loan shall be made and be outstanding at any one time to any eligible borrower.
(5) No loan shall be amortized for a period of more than three years.
(d) An eligible borrower shall certify on the loan application that the reduced rate loan will be used exclusively for the expenses involved in the borrower's utility costs in Kansas incurred during the extreme winter weather event of February 2021.
(e) The eligible lending institution may approve or reject an extraordinary utility costs loan deposit loan package based on the lending institution's evaluation of the eligible borrowers included in the package, the amount of the individual loan in the package and other appropriate considerations.
(f) The eligible lending institution shall forward to the state treasurer an approved extraordinary utility costs loan deposit loan package in the form and manner prescribed and approved by the state treasurer. The package shall include information regarding the amount of the loan requested by each eligible borrower and such other information regarding each eligible borrower that the state treasurer may require. Such package shall include a certification by the applicant that such applicant is an eligible borrower.
History: L. 2021, ch. 87, § 4; April 29.
(a) The state treasurer may accept or reject an extraordinary utility costs loan deposit loan package based on the state treasurer's evaluation of whether the loan to the eligible borrower meets the requirements of the Kansas extraordinary utility costs loan deposit program. If sufficient funds are not available for an extraordinary utility costs loan deposit, then the applications may be considered in the order received when funds are once again available, subject to a review by the lending institution. The fact that an eligible borrower received a loan under the Kansas economic recovery loan deposit program shall not preclude such eligible borrower from receiving a loan under this program.
(b) Upon acceptance, the state treasurer shall certify to the director of investments the amount required for such extraordinary utility costs loan deposit loan package, and the director of investments shall place an extraordinary utility costs loan deposit in the amount certified by the state treasurer with the eligible lending institution at an interest rate that is 2% below the market rate as provided in K.S.A. 75-4237, and amendments thereto, and that shall be recalculated on the first business day of January of each year using the market rate then in effect. The minimum interest rate shall be 0.25% if the market rate is below 2.25%. When necessary, the state treasurer may request the director of investments to place such extraordinary utility costs loan deposit with the eligible lending institution prior to acceptance of an extraordinary utility costs loan deposit loan package.
(c) The eligible lending institution shall enter into an extraordinary utility costs loan deposit agreement with the state treasurer. Such agreement shall include requirements necessary to implement the purposes of the Kansas extraordinary utility costs loan deposit program. Such requirements shall include an agreement by the eligible lending institution to lend an amount equal to the extraordinary utility costs loan deposit to eligible borrowers at an interest rate that is not more than 3% greater than the interest rate on extraordinary utility costs loan deposits as provided in subsection (b). Such rate shall be recalculated on the first business day of January of each year using the market rate then in effect. The agreement shall include provisions for the extraordinary utility costs loan deposit to be placed for a period of time not to exceed three years and that is considered appropriate in coordination with the underlying extraordinary utility costs loan. The agreement shall include provisions for the reduction of the extraordinary utility costs loan deposit in an amount equal to any payment of loan principal by the eligible borrower.
History: L. 2021, ch. 87, § 5; April 29.
Upon the placement of an extraordinary utility costs loan deposit with an eligible lending institution, the institution shall fund the loan to each approved eligible borrower listed in the extraordinary utility costs deposit loan package in accordance with the extraordinary utility costs loan deposit agreement between the institution and the state treasurer. The loan shall be at a rate as provided in K.S.A. 2025 Supp. 75-4287(c), and amendments thereto. A certification of compliance with this section in the form and manner as prescribed by the state treasurer shall be required of the eligible lending institution.
History: L. 2021, ch. 87, § 6; April 29.
The state of Kansas and the state treasurer shall not be liable to any eligible lending institution in any manner for payment of the principal or interest on any extraordinary utility costs loan deposit loan to an eligible borrower. Any delay in payments or default by an eligible borrower does not in any manner affect the extraordinary utility costs loan deposit agreement between the eligible lending institution and the state treasurer.
History: L. 2021, ch. 87, § 7; April 29.
(a) K.S.A. 2025 Supp. 75-4290 through 75-4296, and amendments thereto, shall be known and may be cited as the Kansas economic recovery loan deposit program.
(b) The Kansas economic recovery loan deposit program shall be a part of and supplemental to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2021, ch. 87, § 8; April 29.
As used in the Kansas economic recovery loan deposit program:
(a) "Director of investments" means the person appointed as the director of investments pursuant to K.S.A. 75-4222, and amendments thereto;
(b) "economic recovery loan deposit" means an investment account placed by the director of investments under the provisions of article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto, with an eligible lending institution for the purpose of carrying out the intent of the Kansas economic recovery loan deposit program;
(c) "economic recovery loan deposit loan" or "loan" means a loan made by an eligible lending institution to an eligible borrower from the eligible lending institution's economic recovery loan deposit as part of the economic recovery loan deposit program;
(d) "economic recovery loan deposit loan package" means the forms provided by the state treasurer for the purpose of applying for an economic recovery loan deposit;
(e) "economic recovery loan deposit program" or "program" means a state-administered program in which eligible lenders are charged less than the market rate of interest and eligible borrowers receive a reduction in interest charged on a loan in the amount of the deposit;
(f) "eligible borrower" means any individual or entity operating a business primarily for commercial or agricultural purposes with not more than 200 full-time employees maintaining offices or operating facilities and transacting business in the state of Kansas and is not an individual obtaining a loan primarily for personal, family or household purposes; and
(g) "eligible lending institution" means a financial institution that is:
(1) A bank, as defined under K.S.A. 75-4201, and amendments thereto, that agrees to participate in the program and is eligible to be a depository of state funds;
(2) a credit union, as defined under K.S.A. 17-2231, and amendments thereto, that agrees to participate in the program and that provides securities acceptable to the pooled money investment board pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto; or
(3) an institution of the farm credit system organized under the federal farm credit act of 1971, 12 U.S.C. § 2001, as in effect on the effective date of this act, having at least one branch in the state of Kansas, that agrees to participate in the program and that provides securities acceptable to the pooled money investment board pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2021, ch. 87, § 9; April 29.
(a) (1) The state treasurer is hereby authorized to administer the Kansas economic recovery loan deposit program.
(2) The program shall be for the purpose of providing incentives for the making of business loans.
(3) The total aggregate amount of economic recovery loan deposit loans under the program shall not exceed $60,000,000 of unencumbered funds pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
(b) The state treasurer shall adopt all rules and regulations necessary to implement and administer the provisions of the Kansas economic recovery loan deposit program. Such rules and regulations shall be adopted not later than February 1, 2022.
(c) The state treasurer shall submit an annual report to the governor and the legislature identifying the eligible lending institutions that are participating in the program and the eligible borrowers who have received an economic recovery loan deposit loan. The annual report shall provide the aggregate amount of moneys loaned and the amount of moneys still available for loan, if any. Such report shall be due on or before January 1, 2023, and each January 1 thereafter.
(d) The legislature shall perform a review of the program as a part of the state treasurer's annual report on or after January 1, 2024.
History: L. 2021, ch. 87, § 10; April 29.
(a) The state treasurer is hereby authorized to disseminate information and to provide economic recovery loan deposit loan packages to the lending institutions eligible for participation in the Kansas economic recovery loan deposit program.
(b) The economic recovery loan deposit loan package shall be completed by the eligible borrower before being forwarded to the lending institution for consideration.
(c) (1) An eligible lending institution that agrees to receive an economic recovery loan deposit shall accept and review applications for loans from eligible borrowers.
(2) The lending institution shall apply all usual lending standards to determine the creditworthiness of eligible borrowers.
(3) No single economic recovery loan deposit loan shall exceed $250,000.
(4) Only one economic recovery loan deposit loan shall be made and be outstanding at any one time to any eligible borrower.
(5) No loan shall be amortized for a period longer than 10 years.
(d) An eligible borrower shall certify on the loan application that the reduced rate loan will be used exclusively for the expenses involved in operating the borrower's business in Kansas.
(e) The eligible lending institution may approve or reject an economic recovery loan deposit loan package based on the lending institution's evaluation of the eligible borrowers included in the package, the amount of the individual loan in the package and other appropriate considerations.
(f) The eligible lending institution shall forward to the state treasurer an approved economic recovery loan deposit loan package in the form and manner prescribed and approved by the state treasurer. The package shall include information regarding the amount of the loan requested by each eligible borrower and such other information regarding each eligible borrower that the state treasurer may require. Such package shall include a certification by the applicant that such applicant is an eligible borrower.
History: L. 2021, ch. 87, § 11; April 29.
(a) The state treasurer may accept or reject an economic recovery loan deposit loan package based on the state treasurer's evaluation of whether the loan to the eligible borrower meets the requirements of the Kansas economic recovery loan deposit program. If sufficient funds are not available for an economic recovery loan deposit, then the applications may be considered in the order received when funds are once again available, subject to a review by the lending institution. The fact that an eligible borrower received a loan under the Kansas extraordinary utility costs loan deposit program shall not preclude such eligible borrower from receiving a loan under this program.
(b) Upon acceptance, the state treasurer shall certify to the director of investments the amount required for such economic recovery loan deposit loan package, and the director of investments shall place an economic recovery loan deposit in the amount certified by the state treasurer with the eligible lending institution at an interest rate that is 2% below the market rate as provided in K.S.A. 75-4237, and amendments thereto, and that shall be recalculated on the first business day of January of each year using the market rate then in effect. The minimum interest rate shall be 0.25% if the market rate is below 2.25%. When necessary, the state treasurer may request the director of investments to place such economic recovery loan deposit with the eligible lending institution prior to acceptance of an economic recovery loan deposit loan package.
(c) The eligible lending institution shall enter into an economic recovery loan deposit agreement with the state treasurer. Such agreement shall include requirements necessary to implement the purposes of the Kansas economic recovery loan deposit program. Such requirements shall include an agreement by the eligible lending institution to lend an amount equal to the economic recovery loan deposit to eligible borrowers at an interest rate that is not more than 3% greater than the interest rate on economic recovery loan deposits as provided in subsection (b). Such rate shall be recalculated on the first business day of January of each year using the market rate then in effect. The agreement shall include provisions for the economic recovery loan deposit to be placed for a period of time not to exceed 10 years that is considered appropriate in coordination with the underlying economic recovery loan. The agreement shall include provisions for the reduction of the economic recovery loan deposit in an amount equal to any payment of loan principal by the eligible borrower.
History: L. 2021, ch. 87, § 12; April 29.
Upon the placement of an economic recovery loan deposit with an eligible lending institution, the institution shall fund the loan to each approved eligible borrower listed in the economic recovery deposit loan package in accordance with the economic recovery loan deposit agreement between the institution and the state treasurer. The loan shall be at a rate as provided in K.S.A. 2025 Supp. 75-4294(c), and amendments thereto. A certification of compliance with this section in the form and manner as prescribed by the state treasurer shall be required of the eligible lending institution.
History: L. 2021, ch. 87, § 13; April 29.
The state of Kansas and the state treasurer shall not be liable to any eligible lending institution in any manner for payment of the principal or interest on any economic recovery loan deposit loan to an eligible borrower. Any delay in payments or default on the part of an eligible borrower does not in any manner affect the economic recovery loan deposit agreement between the eligible lending institution and the state treasurer.
History: L. 2021, ch. 87, § 14; April 29.
(a) K.S.A. 2025 Supp. 75-4297 through 75-42,102, and amendments thereto, shall be known and may be cited as the city utility low-interest loan program.
(b) The city utility low-interest loan program shall be a part of and supplemental to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2021, ch. 4, § 1; L. 2021, ch. 87, § 15; April 29.
As used in the city utility low-interest loan program:
(a) "City" means a city organized and existing under the laws of Kansas or a municipal energy agency as defined in K.S.A. 12-886, and amendments thereto;
(b) "director of investments" means the person appointed as the director of investments pursuant to K.S.A. 75-4222, and amendments thereto;
(c) "loan" means a deposit of unencumbered state funds to a city pursuant to the program; and
(d) "program" means the city utility low-interest loan program.
History: L. 2021, ch. 4, § 2; L. 2021, ch. 87, § 16; April 29.
(a) (1) The state treasurer is hereby authorized to administer the city utility low-interest loan program. The state treasurer and any city are hereby authorized to enter into binding commitments for the provision and receipt of loans in accordance with the provisions of this program.
(2) The program shall be for the purpose of providing loans to cities for extraordinary electric or natural gas costs incurred during the extreme winter weather event of February 2021.
(3) (A) The total aggregate amount of loans under the program shall not exceed $100,000,000 of unencumbered funds pursuant to article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
(B) On the effective date of this act, the state treasurer shall certify to the director of investments the amount of $20,000,000 of unencumbered funds under the program. Upon receipt of such certification, the director of investments shall reinvest such certified amount in accordance with the Kansas extraordinary utility costs loan deposit program, K.S.A. 2025 Supp. 75-4283 through 75-4289, and amendments thereto.
(C) On June 1, 2021, the state treasurer shall certify to the director of investments the amount of any remaining unencumbered funds under the program. Upon receipt of such certification, the director of investments shall reinvest such certified amount in accordance with the Kansas extraordinary utility costs loan program, K.S.A. 2025 Supp. 75-4283 through 75-4289, and amendments thereto.
(4) Any loans received by a city under the provisions of the program shall be construed as bonds for the purposes of K.S.A. 10-1116, and amendments thereto.
(b) The state treasurer shall adopt all rules and regulations necessary to administer the provisions of the program including the development of a streamlined application process. Such rules and regulations shall be adopted not later than January 1, 2022, except that such streamlined application process shall be established within 14 days from March 4, 2021. The adoption of such rules and regulations shall not be a prerequisite for the approval of loans by the state treasurer under the program. The state treasurer shall approve loans under the program in the most expeditious manner possible on or after March 4, 2021.
(c) The state treasurer shall submit an annual report to the governor and the legislature identifying the cities that are participating in the program. Such annual report shall provide the aggregate amount of moneys loaned. Such report shall be due on or before January 1, 2022, and each January 1 thereafter.
(d) The legislature shall perform a review of the program as part of the state treasurer's annual report on or after January 1, 2024.
History: L. 2021, ch. 4, § 3; L. 2021, ch. 87, § 17; April 29.
(a) The state treasurer is hereby authorized to disseminate information and to provide loan applications as soon as practicable on or after March 4, 2021, to cities for participation in the program.
(b) A city shall forward to the state treasurer an application in the form and manner prescribed and approved by the state treasurer. The application shall include information regarding the amount of the loan requested by the city and such other information that the state treasurer may require, including, but not limited to, the specific fund or account of the city in which loan proceeds shall be deposited. Such application shall contain a certification by the governing body of the city that, if the city receives any federal moneys related to the extreme winter weather event of February 2021, the first priority for expenditure of such moneys shall be for the payment of any outstanding balance of a loan made to the city under the program.
(c) The loan shall be only for those extraordinary electric or natural gas costs incurred during the extreme winter weather event of February 2021, as certified by the governing body of the city, and not for any other utility costs previously budgeted for by the city.
(d) No loan shall be amortized for a period of more than 10 years. Payments on such loan may be made monthly, quarterly or semi-annually upon execution of an agreement between the city and the state treasurer.
(e) The state treasurer may create a lien against the city's utility revenue and surcharges to satisfy any outstanding loan balance. Any city that receives a loan under the program shall apply the proceeds of any lawsuit or restitution relating to the extraordinary electric or natural gas costs incurred during the extreme winter weather event of February 2021 to the payment of any outstanding loan balance.
(f) Not more than $20,000,000 of loans shall be approved by the state treasurer under the program on and after the effective date of this act, and no loans shall be approved by the state treasurer under the program on and after June 1, 2021.
History: L. 2021, ch. 4, § 4; L. 2021, ch. 87, § 18; April 29.
(a) The state treasurer may accept or reject an application based on the state treasurer's evaluation of whether the city meets the requirements of the program. If sufficient funds are not available for a loan, the applications may be considered in the order received when funds are once again available.
(b) Upon acceptance of an application, the state treasurer shall certify to the director of investments the amount required for such loan and the director of investments shall place a deposit of such certified amount with the specific fund or account of the city indicated in the loan application and approved by the state treasurer. The interest rate on a loan shall be 2% below the market rate as provided in K.S.A. 75-4237, and amendments thereto, and shall be recalculated on the first business day of January of each year using the market rate then in effect. The minimum interest rate shall be 0.25% if the market rate is below 2.25%. When necessary, the state treasurer may request the director of investments to place such deposit with the city prior to approval of an application.
(c) (1) The treasurer of each city shall remit to the state fiscal agent at least 20 days before the due date of a loan payment, payable at the office of the state treasurer as fiscal agent, sufficient moneys for such loan payment. The treasurer of any city, in lieu of remitting such moneys to the state fiscal agent at such time, may provide the state fiscal agent with electronic fund transfer instructions on forms prescribed by the state treasurer that shall certify that there will be funds on deposit on the transaction date sufficient for the loan payment and that such funds will either reach the office of the state fiscal agent on or before 12 noon of the third working day before the due date of such loan payment or reach the office of the state fiscal agent on or before 12 noon of the first working day before the due date of such loan payment, if such funds are transferred to the state fiscal agent electronically. Upon receipt of such certification, the state fiscal agent shall file the same in the office of the state fiscal agent.
(2) When a city needs moneys that are in the county treasury to make a loan payment, the treasurer of such city shall make a written request of the county treasurer for the amount needed not later than 25 days prior to the due date of such loan payment. Not later than two days following the receipt of such request, the county treasurer shall forward to the treasurer of the city the amount requested, if the county treasurer has collected such moneys for such purpose. If the full amount of such a request is not in the county treasury, the county treasurer shall forward the portion that is in the county treasurer's possession for such purpose.
(3) When a county treasurer is charged with the collection of tax moneys for a city, the territory of which is in more than one county, such treasurer shall forward any such funds when collected to the proper county treasurer as soon as practical but not later than two days following receipt of a request from the county treasurer to whom they are to be forwarded.
(4) Failure to pay loan payment moneys when due is:
(A) Failure of a county treasurer to forward moneys in the county treasury when requested as provided in this section;
(B) failure of the treasurer of a city or any county treasurer to make timely request for moneys as provided in this subsection; or
(C) failure of the treasurer of a city to make timely remittance of moneys for payment of loans under this program when such moneys are available for such remittance.
(5) Failure to pay loan payment moneys when due is a class C misdemeanor.
(d) All moneys received by the state treasurer from cities for payment of loans made under the program shall be deposited in the state treasury to the credit of the pooled money investment portfolio.
History: L. 2021, ch. 4, § 5; L. 2021, ch. 87, § 19; April 29.
(a) To the extent that any provisions of K.S.A. 2025 Supp. 75-4297 through 75-42,102, and amendments thereto, conflict with the provisions of article 42 of chapter 75 of the Kansas Statutes Annotated, or any other provision of law, the provisions of K.S.A. 2025 Supp. 75-4297 through 75-42,102, and amendments thereto, shall control.
(b) Any loan made to a city under the program shall not be considered bonded indebtedness for the purposes of K.S.A. 10-308, and amendments thereto, or any other statute imposing a limitation on indebtedness of a city.
History: L. 2021, ch. 4, § 6; L. 2021, ch. 87, § 20; April 29.
(a) The provisions of K.S.A. 2025 Supp. 75-42a01 through 75-42a06, and amendments thereto, shall be known and may be cited as the Kansas public investments and contracts protection act.
(b) As used in this act:
(1) "Act" means the Kansas public investments and contracts protection act.
(2) "Board" means the board of trustees of the Kansas public employees retirement system.
(3) "Company" means any organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity of business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of such entities or business associations that exists for the purpose of making a profit. "Company" does not mean a sole proprietorship.
(4) "Environmental, social and governance criteria" means any criterion that gives preferential treatment or discriminates based on whether a company meets or fails to meet one or more of the following criteria:
(A) Engaging in the exploration, production, utilization, transportation, sale or manufacturing of:
(i) Fossil fuel-based energy;
(ii) nuclear energy; or
(iii) any other natural resource;
(B) engaging in the production of agriculture;
(C) engaging in the production of lumber;
(D) engaging in mining;
(E) emitting greenhouse gases or not disclosing or offsetting such greenhouse gas emissions;
(F) engaging in the manufacturing, distribution or sale of firearms, firearms accessories, ammunition or ammunition components;
(G) having a governing corporate board or other officers whose race, ethnicity, sex or sexual orientation meets or does not meet any criteria;
(H) facilitating or assisting or not facilitating or assisting employees in obtaining abortions or gender reassignment services; and
(I) doing business with any company described by subparagraphs (A) through (H).
(5) "Fiduciary" means any person acting on behalf of the board or system as an investment manager, proxy advisor or contractor, including the system's board of trustees.
(6) "Fiduciary commitment" means any evidence of a fiduciary's purpose in managing assets as a fiduciary, including, but not limited to, any of the following in a fiduciary's capacity as a fiduciary, specifically on assets managed on behalf of the system:
(A) Advertisements, statements, explanations, reports, communications with portfolio companies, statements of principles or commitments; or
(B) participation in, affiliation with or status as a signatory to any coalition, initiative, joint statement of principles or agreement.
(7) (A) "Financial" means having been prudently determined by a fiduciary to have a material effect on the financial risk or the financial return of an investment.
(B) "Financial" does not include any action taken or factor considered by a fiduciary with any purpose whatsoever to further social, political or ideological interests.
(C) A fiduciary may reasonably be determined to have taken an action or considered a factor with a purpose to further social, political or ideological interests based upon evidence indicating such a purpose, including, but not limited to, any fiduciary commitment to further, through portfolio company engagement, board or shareholder votes or otherwise as a fiduciary, any of the following beyond what controlling federal or state law requires, specifically on assets managed on behalf of the system:
(i) Eliminating, reducing, offsetting or disclosing greenhouse gas emissions;
(ii) instituting or assessing corporate board, employment, composition, compensation or disclosure criteria that incorporates characteristics protected under state law;
(iii) divesting from, limiting investment in or limiting the activities or investments of any company for failing or not committing to meet environmental standards or disclosures;
(iv) accessing abortion, sex or gender change or transgender surgery; or
(v) divesting from, limiting investment in or limiting the activities or investments of any company that engages in, facilitates or supports the manufacture, import, distribution, marketing, advertising, sale or lawful use of firearms, ammunition or component parts and accessories of firearms or ammunition.
(8) "Fossil fuels" means coal, natural gas, petroleum or oil formed by natural processes through decomposition of dead organisms.
(9) "Natural resources" means fossil fuels, minerals, metal ores or any other nonrenewable or finite resource that cannot be readily replaced by natural means at the speed at which it is consumed.
(10) "System" means the Kansas public employees retirement system. "System" does not include participant-directed individual account plans.
History: L. 2023, ch. 80, § 1; July 1.
(a) The state, any agency of the state, any political subdivision of the state, or any instrumentality thereof, including the pooled money investment board established by K.S.A. 75-4221a, and amendments thereto, when engaged in procuring or letting contracts for any purpose, shall ensure that bidders, offerors, contractors or subcontractors are not given preferential treatment or discriminated against based on any environmental, social and governance criteria.
(b) The state, any agency of the state, any political subdivision of the state or any instrumentality thereof, including the pooled money investment board established by K.S.A. 75-4221a, and amendments thereto, shall not adopt any procurement regulation or policy that causes any bidder, offeror, contractor or subcontractor to be given preferential treatment or be subject to discrimination based on any environmental, social and governance criteria, except as otherwise specifically permitted or required by law.
History: L. 2023, ch. 80, § 2; July 1.
(a) In making and supervising investments of the system, the system and any investment manager, proxy advisor or contractor thereof shall discharge its duties solely in the financial interest of the participants and beneficiaries for the exclusive purposes of:
(1) Providing financial benefits to participants and their beneficiaries; and
(2) defraying reasonable expenses of administering the system.
(b) An investment manager, proxy advisor or contractor retained by the system shall be subject to the same fiduciary duties as the system's board of trustees.
(c) A fiduciary shall consider only financial factors when discharging such fiduciary's duties with respect to the system.
(d) All shares held directly or indirectly by or on behalf of the system or the participants and their beneficiaries shall be voted solely in the financial interest of system participants and their beneficiaries.
(e) Unless no economically practicable alternative is available, the system shall not grant proxy voting authority to any person who is not a part of the system, unless such person has a practice of, and in writing commits to, following guidelines that match the system's obligation to act solely upon financial factors, in which case the system may grant proxy voting authority to such person.
(f) Unless no economically practicable alternative is available, in the selection of any proxy advisor, the system shall give preference to a proxy advisor service that commits in writing to engage in voting shares and making recommendations in a strictly fiduciary manner, and without consideration of policy objectives that are not the express policy objectives of the system, in which case the system may engage a proxy voting advisor.
(g) Unless no economically practicable alternative is available, system assets shall not be entrusted to a fiduciary, unless such fiduciary has a practice of, and in writing commits to, following guidelines, when engaging with portfolio companies and voting shares or proxies, that follow the system's obligation to act solely upon financial factors and not upon policy considerations that are not the express policy objectives of the system, in which case the system may entrust engagement and share voting to a fiduciary.
(h) Unless no economically practicable alternative is available, an investment manager or contractor shall not, in providing service for the system, follow the recommendations of a proxy advisor or other service provider, unless such advisor or service provider has a practice of, and in writing commits to, following proxy voting guidelines that follow the system's obligation to act solely upon financial factors, in which case the investment manager or contractor may follow the recommendations of a proxy or other service advisor.
(i) All proxy votes shall be tabulated and reported annually to the system's board of trustees and to the joint committee on pensions, investments and benefits. For each vote, the report shall contain a vote caption, the system's vote, the recommendation of company management and, if applicable, the proxy advisor's recommendation. Such reports shall be posted on the system's website for review by the public.
(j) Subsections (e) through (i) shall apply only to assets managed on behalf of the system and shall not apply to alternative or real estate investments as defined in K.S.A. 74-4921(5), and amendments thereto.
History: L. 2023, ch. 80, § 3; July 1.
(a) As used in this section, "state agency" means an office, board, commission, department, council, bureau, governmental entity or other agency of state government having authority to adopt or enforce rules and regulations.
(b) No state agency shall share or publish information, adopt policies, adopt rules and regulations or issue guidelines for purposes of environmental, social and governance criteria that restrict the ability of any industry to offer products or services. No state agency shall require any person or business to adopt or operate in accordance with environmental, social and governance criteria.
History: L. 2023, ch. 80, § 4; July 1.
(a) This act or any contract subject to this act may be enforced by the attorney general.
(b) If the attorney general has reasonable cause to believe that a person has engaged in, is engaging in or is about to engage in a violation of this act, the attorney general may require:
(1) Such person to file on such forms as the attorney general may prescribe a statement or report in writing, under oath, as to all the facts and circumstances concerning the violation; and
(2) the filing of such other data and information as the attorney general may deem necessary.
(c) In addition to any other remedies available at law or equity, an investment manager or contractor of the system that serves as a fiduciary and violates the provisions of K.S.A. 2025 Supp. 75-42a03, and amendments thereto, shall be obligated to pay damages to the state in an amount equal to three times all moneys paid to the investment manager or contractor by the system for the services of such investment manager or contractor.
History: L. 2023, ch. 80, § 5; July 1.
In a cause of action based on an action, inaction, decision, divestment, investment, report or other determination made or taken in compliance with this act, without regard to whether the person performed services for compensation, the state shall indemnify and hold harmless for actual damages, court costs and attorney fees adjudged against, and defend the system and any of its current and former employees, members of the board or any other officers of the system related to the act or omission on which the damages are based.
History: L. 2023, ch. 80, § 6; July 1.
The provisions of K.S.A. 2025 Supp. 75-42b01 through 75-42b07, and amendments thereto, shall be known and may be cited as the countries of concern divestment act.
History: L. 2024, ch. 65, § 1; July 1.
As used in this act:
(a) "Act" means the countries of concern divestment act.
(b) "Company" means any:
(1) For-profit corporation, partnership, limited partnership, limited liability partnership, limited liability company, joint venture, trust, association, sole proprietorship or other organization, including any:
(A) Subsidiary of such company, a majority ownership interest of which is held by such company;
(B) parent company that holds a majority ownership of such company; and
(C) other affiliate or business association of such company whose primary purpose is to make a profit; or
(2) nonprofit organization.
(c) (1) "Country of concern" means the following:
(A) People's republic of China, including the Hong Kong special administrative region;
(B) republic of Cuba;
(C) islamic republic of Iran;
(D) democratic people's republic of Korea;
(E) Russian federation; and
(F) Bolivarian republic of Venezuela.
(2) "Country of concern" does not include the republic of China (Taiwan).
(d) "Covered transaction" means the same as defined in 31 C.F.R. § 800.213, as in effect on July 1, 2024.
(e) "Covered control transaction" means the same as defined in 31 C.F.R. § 800.210, as in effect on July 1, 2024.
(f) "Domicile" means the country where:
(1) A company is organized;
(2) a company completes a substantial portion of its business; or
(3) a majority of a company's ownership interest is held.
(g) "Person" means an individual.
(h) "Person owned or controlled by or subject to the jurisdiction or direction of a country of concern" means any:
(1) Person, wherever located, who is a citizen of a nation-state controlled by a country of concern, unless such person is a lawful permanent resident of the United States; or
(2) corporation, partnership, association or other organization organized under the laws of a nation-state controlled by a country of concern.
(i) "State agency" means any department, authority, bureau, division, office or other governmental agency of this state.
(j) "State-managed fund" means:
(1) The Kansas public employees retirement fund managed by the board of trustees of the Kansas public employees retirement system in accordance with K.S.A. 74-4921, and amendments thereto;
(2) the pooled money investment portfolio managed by the pooled money investment board in accordance with article 42 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto; and
(3) any other fund that is sponsored or managed by a state agency.
History: L. 2024, ch. 65, § 2; July 1.
(a) (1) Notwithstanding the provisions of K.S.A. 74-4921, and amendments thereto, or any other statute to the contrary, and except as provided in paragraph (2), a state-managed fund shall sell, redeem, divest or withdraw all publicly traded securities of any country of concern or person owned or controlled by or subject to the jurisdiction or direction of a country of concern in accordance with the following schedule:
(A) At least 50% of such assets shall be removed from the state-managed fund's assets under management not later than July 1, 2025, or one year from the date K.S.A. 2025 Supp. 75-42b02, and amendments thereto, is amended to include such country of concern if amended after July 1, 2024, unless the state-managed fund determines that a later date is more prudent based on a good faith exercise of the state-managed fund's fiduciary discretion and subject to subparagraph (B); and
(B) 100% of such assets shall be removed from the state-managed fund's assets under management not later than January 1, 2026, or one year from the date K.S.A. 2025 Supp. 75-42b02, and amendments thereto, is amended to include such country of concern if amended after July 1, 2024.
(2) If a country of concern takes action to prohibit or restrict the selling, redeeming, divesting or withdrawing of publicly traded securities of any country of concern or person owned or controlled by or subject to the jurisdiction or direction of a country of concern beyond the scheduled removal dates provided in paragraph (1), the state-managed fund shall remove 100% of such assets from the state-managed fund's assets not later than one year from the date that such action is ended by such country of concern.
(b) A state-managed fund shall not knowingly acquire securities of any country of concern or person owned or controlled by or subject to the jurisdiction or direction of a country of concern.
(c) A state-managed fund shall not invest or make a deposit in any bank that is domiciled in a country of concern.
History: L. 2024, ch. 65, § 3; July 1.
(a) Notwithstanding the provisions of K.S.A. 74-4921, and amendments thereto, or any other statute to the contrary, a state-managed fund shall divest from any indirect holdings in actively or passively managed investment funds containing publicly traded securities of any country of concern or person owned or controlled by or subject to the jurisdiction or direction of a country of concern. Such state-managed fund may submit letters to the managers of each investment fund containing publicly traded securities of any country of concern or person owned or controlled by or subject to the jurisdiction or direction of a country of concern requesting that they remove such publicly traded securities from the fund or create a similar actively or passively managed fund with indirect holdings devoid of such publicly traded securities. If a manager creates a similar fund with substantially the same management fees and substantially the same level of investment risk and anticipated return, the state-managed fund may replace all applicable investments with investments in the similar fund in a time frame consistent with prudent fiduciary standards but not later than the 450th day after the date the fund is created. If a manager does not create such similar fund, the state-managed fund shall divest from such indirect holdings in actively or passively managed investment funds.
(b) (1) The provisions of this act shall not apply to any real estate or private equity investment commitment made by a state-managed fund prior to July 1, 2024, or to a real estate or private equity investment commitment made by a state-managed fund prior to the date that K.S.A. 2025 Supp. 75-42b02, and amendments thereto, is amended to include a country of concern, if amended after July 1, 2024.
(2) On and after July 1, 2024, a state-managed fund shall not make any new real estate or private equity investment commitment in a person owned or controlled by or subject to the jurisdiction of a country of concern.
History: L. 2024, ch. 65, § 4; July 1.
Not later than the first day of the regular session of the legislature, each year, each state-managed fund shall file a report with the legislature and the Kansas public employees retirement system shall also file such report with the joint committee on pensions, investments and benefits that:
(a) Identifies all securities sold, redeemed, divested or withdrawn in compliance with K.S.A. 2025 Supp. 75-42b03(a), and amendments thereto;
(b) identifies amendments to K.S.A. 2025 Supp. 75-42b02, and amendments thereto, that add or remove a country of concern after the later of July 1, 2024, or the last date such information was reported under this section; and
(c) summarizes any changes made under K.S.A. 2025 Supp. 75-42b04, and amendments thereto.
History: L. 2024, ch. 65, § 5; July 1.
In a cause of action based on an action, inaction, decision, divestment, investment, report or other determination made or taken in compliance with this act, without regard to whether the person performed services for compensation, the state shall indemnify and hold harmless for actual damages, court costs and attorney fees adjudged against members of a state-managed fund or any other officers of such state-managed fund related to the act or omission on which the damages are based and defend the state-managed fund and any of such state-managed fund's current and former employees.
History: L. 2024, ch. 65, § 6; July 1.
(a) The provisions of this act shall expire on July 1, 2029.
(b) On or after July 1, 2028, but before July 15, 2028, the Kansas public employees retirement system shall notify the speaker of the house of representatives, the president of the senate and the chairperson of the joint committee on pensions, investments and benefits that this act is scheduled to expire on July 1, 2029.
History: L. 2024, ch. 65, § 7; July 1.
History: L. 1970, ch. 366, § 1; Repealed, L. 1990, ch. 306, § 24; May 31.
As used in K.S.A. 75-4302a, 75-4303a, 75-4304, 75-4305 and 75-4306, and amendments thereto:
(a) "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, either individually or collectively, has received in the preceding 12 months, without reasonable and valuable consideration, goods or services having an aggregate value of $500 or more from a business or combination of businesses, the individual has a substantial interest in that business or combination of businesses.
(4) If an individual or an individual's spouse holds the position of officer, director, associate, partner or proprietor of any business, other than an organization exempt from federal taxation of corporations under section 501(c)(3), (4), (6), (7), (8), (10) or (19) of chapter 26 of the United States code, the individual has a substantial interest in that business, irrespective of the amount of compensation received by the individual or individual's spouse.
(5) 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.
As used in this subsection, "client or customer" means a business or combination of businesses.
(b) "Business" means any corporation, association, partnership, proprietorship, trust, joint venture, and every other business interest, including ownership or use of land for income.
(c) "Local governmental employee" means any employee of any governmental subdivision or any of its agencies.
(d) "Local governmental officer" means any elected or appointed officer of any governmental subdivision or any of its agencies.
(e) "Candidate for local office" means any candidate for nomination or election to any elective office of a governmental subdivision.
(f) "Governmental subdivision" means any city, county, township, school district, drainage district or other governmental subdivision of the state having authority to receive or hold public moneys or funds.
(g) "Contracts" means agreements including but not limited to sales and conveyances of real and personal property and agreements for the performance of services.
(h) "Acts" means the exercise of power or authority or performance of any duty incident to public office or employment.
(i) "Compensation" means any money, thing of value or economic benefit conferred on, or received by, any person in return for services rendered, or to be rendered, by that person or another, but shall not mean nor include reimbursement of reasonable expenses if the reimbursement does not exceed the amount actually expended for the expenses and it is substantiated by an itemization of expenses.
(j) "Preceding calendar year" has its usual meaning, except that in the case of candidates and individuals newly appointed to office or employment, it means the 12 months immediately preceding a required filing date.
History: L. 1990, ch. 306, § 14; L. 1991, ch. 150, § 45; July 1.
History: L. 1970, ch. 366, § 2; L. 1980, ch. 282, § 1; Repealed, L. 1990, ch. 306, § 24; May 31.
(a) The statement of substantial interests shall include all substantial interests of the individual making the statement.
(b) Statements of substantial interests shall be filed by the following individuals at the times specified:
(1) By a candidate for local office who becomes a candidate on or before the filing deadline for the office, not later than 10 days after the filing deadline, unless before that time the candidacy is officially declined or rejected.
(2) By a candidate for local office who becomes a candidate after the filing deadline for the office, within five days of becoming a candidate, unless within that period the candidacy is officially declined or rejected.
(3) By an individual appointed on or before April 30 of any year to fill a vacancy in an elective office of a governmental subdivision, between April 15 and April 30, inclusive, of that year.
(4) By an individual appointed after April 30 of any year to fill a vacancy in an elective office of a governmental subdivision, within 15 days after the appointment.
(5) By any individual holding an elective office of a governmental subdivision, between April 15 and April 30, inclusive, of any year if, during the preceding calendar year, any change occurred in the individual's substantial interests.
(c) The statement of substantial interests required to be filed pursuant to this section shall be filed in the office where declarations of candidacy for the local governmental office sought or held by the individual are required to be filed.
(d) The Kansas public disclosure commission shall adopt rules and regulations prescribing the form and the manner for filing the disclosures of substantial interests required by law. The commission shall provide samples of the form of the statement to each county election officer.
(e) If an individual or an individual's spouse holds the position of officer, director, associate, partner or proprietor in an organization exempt from federal taxation of corporations under section 501(c)(3), (4), (6), (7), (8), (10) or (19) of chapter 26 of the United States code, the individual shall comply with all disclosure provisions of subsections (a), (b), (c) and (d) of this section notwithstanding the provisions of K.S.A. 75-4301, and amendments thereto, which provide that these individuals may not have a substantial interest in these corporations.
History: L. 1990, ch. 306, § 15; L. 1991, ch. 150, § 46; L. 1998, ch. 117, § 25; L. 2025, ch. 65, § 26; July 1.
History: L. 1970, ch. 366, § 3; L. 1972, ch. 339, § 1; L. 1973, ch. 157, § 14; L. 1974, ch. 395, § 1; Repealed, L. 1974, ch. 396, § 2; April 8.
(a) The Kansas public disclosure commission shall render advisory opinions on the interpretation or application of K.S.A. 75-4301a, 75-4302a, 75-4303a, 75-4304, 75-4305 and 75-4306, and amendments thereto. The opinions shall be rendered after receipt of a written request therefor by a local governmental officer or employee or by any person who has filed as a candidate for local office. Any person who requests and receives an advisory opinion and who acts in accordance with its provisions shall be presumed to have complied with the provisions of the general conflict of interests law. A copy of any advisory opinion rendered by the commission shall be filed by the commission in the office of the secretary of state, and any opinion so filed shall be open to public inspection. All requests for advisory opinions shall be directed to the secretary of state who shall notify the commission thereof.
(b) The Kansas public disclosure commission shall administer K.S.A. 75-4301a, 75-4302a, 75-4303a, 75-4304, 75-4305 and 75-4306, and amendments thereto, and may adopt rules and regulations therefor.
History: L. 1974, ch. 396, § 1; L. 1981, ch. 171, § 47; L. 1990, ch. 306, § 16; L. 1991, ch. 150, § 42; L. 1998, ch. 117, § 26; L. 2025, ch. 65, § 27; July 1.
(a) No local governmental officer or employee shall, in the capacity of such an officer or employee, make or participate in the making of a contract with any person or business by which the officer or employee is employed or in whose business the officer or employee has a substantial interest.
(b) No person or business shall enter into any contract where any local governmental officer or employee, acting in that capacity, is a signatory to or a participant in the making of the contract and is employed by or has a substantial interest in the person or business.
(c) A local governmental officer or employee does not make or participate in the making of a contract if the officer or employee abstains from any action in regard to the contract.
(d) This section shall not apply to the following:
(1) Contracts let after competitive bidding has been advertised for by published notice; and
(2) contracts for property or services for which the price or rate is fixed by law.
(e) Any local governmental officer or employee who is convicted of violating this section shall forfeit the office or employment.
History: L. 1970, ch. 366, § 4; L. 1974, ch. 397, § 1; L. 1990, ch. 306, § 17; May 31.
(a) Any local governmental officer or employee who has not filed a disclosure of substantial interests shall, before acting upon any matter which will affect any business in which the officer or employee has a substantial interest, file a written report of the nature of the interest with the county election officer of the county in which is located all or the largest geographical part of the officer's or employee's governmental subdivision.
(b) A local governmental officer or employee does not pass or act upon any matter if the officer or employee abstains from any action in regard to the matter.
History: L. 1970, ch. 366, § 5; L. 1974, ch. 397, § 2; L. 1990, ch. 306, § 18; May 31.
(a) Violation of K.S.A. 75-4304 or 75-4305, and amendments thereto, or failure to make any disclosure of substantial interests required by K.S.A. 75-4302a is a class B misdemeanor.
(b) If any clause, paragraph, subsection or section of this act is held invalid or unconstitutional it shall be conclusively presumed that the legislature would have enacted the remainder of this act without the invalid or unconstitutional clause, paragraph, subsection or section.
History: L. 1970, ch. 366, § 6; L. 1990, ch. 306, § 19; May 31.
History: L. 1967, ch. 464, § 7; Repealed, L. 1970, ch. 366, § 7; April 1.
Before entering upon the duties of his or her office or employment, each person to be employed by the state or any agency thereof or by any county, city or other municipality of the state including any school, college or university supported in whole or in part by public funds collected under any tax law of the state or any municipality thereof shall be required to subscribe in writing to the oath set out in K.S.A. 54-106.
History: L. 1968, ch. 106, § 1; July 1.
All oaths or affirmations submitted hereunder shall subject the person who shall falsify them to the pains and penalties of perjury.
History: L. 1968, ch. 106, § 2; July 1.
Oaths required hereunder shall be administered before the officers and in the manner prescribed by K.S.A. 54-101, 54-102 and 54-103. All oaths administered under the provisions of this act shall be filed in writing with the governing body of the county, city or any municipality or such governing body's duly authorized agent, or in the case of public schools with the superintendent of any such school district, but in the case of the state or any agency thereof such oath shall be filed with the employing state agency. In the case of private schools receiving public moneys as defined in K.S.A. 75-4308, such oath shall be filed in the office of the chief administrative officer of such school, college or university.
History: L. 1968, ch. 106, § 3; L. 1983, ch. 294, § 1; April 14.
A state agency officer disbursing payroll warrants or a treasurer or other disbursing officer of any city, county or any municipality or of any public school district or of any private school, college or university receiving public funds shall not disburse any funds in payment for services to any officer or employee subject to the provisions of this act until the required oath has been duly subscribed and filed by such officer or employee.
History: L. 1968, ch. 106, § 4; L. 1983, ch. 294, § 2; April 14.
All persons employed by the state or any agency thereof or by any city, county or other municipality or by any public school or by any private school, college or university receiving public funds as defined by K.S.A. 75-4308, at the time this act becomes effective shall take and subscribe the oath required by this act and shall file said oath in writing with the appropriate officer designated by K.S.A. 75-4310 on or before January 1, 1969, and any such officer or employee failing so to do shall be subjected to the penalties as in this act prescribed.
History: L. 1968, ch. 106, § 5; July 1.
It shall be unlawful for any state agency officer disbursing payroll warrants or any treasurer or other disbursing officer of any city, county or any municipality or of any public school district or of any private school, college or university receiving public funds as defined in K.S.A. 75-4308 knowingly to disburse any funds in payment for services to any officer or employee covered by the provisions of this act, which officer or employee has not subscribed and filed the oath required by this act. Violation of this section shall constitute a class C misdemeanor.
History: L. 1968, ch. 106, § 6; L. 1983, ch. 294, § 3; April 14.
Any officer or employee having rendered service for the state or any county, city or any municipality or for any public school district or for any private school, college or university receiving public funds who shall knowingly receive and convert to his or her use any payment for such services without having subscribed and filed an oath as prescribed by this act shall be deemed guilty of a felony and upon conviction thereof shall be punished by confinement and hard labor not exceeding five years or in the county jail not less than six months.
History: L. 1968, ch. 106, § 7; July 1.
Notwithstanding any other provision of law to the contrary, all political subdivisions of the state shall pay to their employees such salaries and wages as may be due and payable, and such compensation may be paid as often as semimonthly. The provisions of this section shall apply to any state agency until biweekly payroll periods are required for such state agency in accordance with the provisions of K.S.A. 75-5501 et seq. and amendments thereto.
History: L. 1968, ch. 310, § 1; L. 1974, ch. 390, § 27; L. 1975, ch. 452, § 21; L. 1980, ch. 264, § 16; L. 1995, ch. 132, § 3; December 17.
Whenever it is provided by law that the governor shall appoint the secretary of any department of state government or the chief administrative or executive officer of any other agency of state government or that the secretary of any department of state government shall appoint the director of a division, whether any of the positions designated herein are in the classified or unclassified service of the Kansas civil service act, and whether such department, agency or division has been specified by statute or authorized by statute to be established, the governor or departmental secretary may appoint an acting secretary, chief administrative or executive officer or director to serve for a period not greater than six months. Any acting state officer appointed under authority of this section shall have and exercise all of the powers, duties and functions of the office in which he or she is acting. Subject to the approval of the state finance council, the governor or the secretary appointing an acting state officer shall fix the salary of the acting state officer if the position is in the unclassified service, and in no event shall the salary of the acting state officer be less than the amount the person appointed is receiving in such person's permanent state employment. In the event the person appointed as an acting state officer is in the classified service prior to such appointment, such person shall retain the right to return to his or her permanent classified status without loss of any civil service right and his or her service shall be deemed to be continuous.
History: L. 1976, ch. 363, § 1; L. 2008, ch. 121, § 36; July 1.
(a) All appointments of public officers which are subject to confirmation by the senate shall be received, considered and acted upon in the manner provided by rules of the senate. Appointments shall be confirmed by the senate only by an affirmative vote of a majority of the senate.
(b) If a majority of the senate votes on the question of confirmation of an appointment to an office and the appointment is not confirmed, the office shall become vacant at that time.
(c) An appointing authority may withdraw an appointment from consideration by the senate at any time before confirmation if:
(1) The appointing authority withdrawing the appointment is the same person, or a body having the same members, as the appointing authority that made the appointment; or
(2) the person or body withdrawing the appointment is a successor to the appointing authority that made the appointment and the appointment was made to fill a vacancy occurring after the person or body was elected to succeed the appointing authority.
(d) If a majority of the senate votes on the question of confirmation of an appointment to an office and the appointment is not confirmed, the appointing authority which made the appointment shall not subsequently appoint to the same office the person who failed to be confirmed.
(e) If an appointment to a public office is subject to confirmation by the senate, any appointment to fill a vacancy in an unexpired term of that office shall also be subject to confirmation by the senate.
(f) As used in this section "majority of the senate" means a majority of all members of the senate then elected (or appointed) and qualified.
History: L. 1982, ch. 347, § 1; July 1.
If a statute imposes congressional district residency requirements for members of or appointees to a board, commission, council, committee, authority or other governmental body and the boundaries of congressional districts are changed in such a way that the requirements are no longer met, each member serving at the time of the change in district boundaries shall continue to serve the remainder of the member's current term and until a successor is appointed and qualifies unless the member's position becomes vacant before the end of such term. Unless otherwise provided by law, upon any vacancy on the governmental body, appointment to fill the vacancy shall be made in such a manner that the residency requirements are met in the least time possible.
History: L. 1992, ch. 262, § 1; July 1.
(a) As used in this section:
(1) "Office" means any state office or board, commission, council, committee, authority or other governmental body the members of which are required by law to be appointed by an appointing authority, and which appointment is subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto.
(2) "Appointing authority" means a person, other than the governor, who is required by law to make an appointment to an office.
(3) "Chairperson" means the chairperson of the confirmation oversight committee.
(4) "Committee" means the confirmation oversight committee established by K.S.A. 46-2601, and amendments thereto.
(5) "Director" means the director of the Kansas legislative research department or the director's designee.
(b) No person may be appointed to an office unless such person has completed and submitted a nomination form as required by the rules of the committee. No person may be appointed to an office unless such person has filed a statement of substantial interest as required by K.S.A. 46-247, and amendments thereto. A copy of the nomination form and the statement of substantial interest shall be kept on file in the office of the director and shall be subject to disclosure under the Kansas open records act.
(c) No person may be appointed to an office unless such person has consented to a background investigation conducted by the Kansas bureau of investigation. No person may be appointed to an office unless such person is current in the payment of taxes and consents to the release of a tax certification by the Kansas department of revenue which states whether such person is, or is not, current in the payment of taxes.
(d) Any appointing authority who desires to appoint a person to an office shall forward to the chairperson a completed copy of the nomination form, the statement of substantial interest, the consent to the release of the tax certification and a written request that a background investigation be conducted on the person nominated for appointment to an office. Upon receipt of such information, the chairperson shall forward such information and a written direction to the director to request the Kansas bureau of investigation to conduct a background investigation of such nominee in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto, and to request the Kansas department of revenue to release the tax certification for such person.
(e) Any information received by the director pursuant to this section from the Kansas department of revenue or the Kansas bureau of investigation shall be kept on file in the office of the director or in a secure location under the control of the director within the Kansas legislative research department. After receipt of information, the director shall notify the appointing authority who nominated the person for appointment to an office and the nominee that the information is available for review in the office of the director. Upon the written request of such appointing authority or the nominee, the director shall allow such appointing authority and the nominee to review the information. Such information shall not be removed from the office of the director and shall not be duplicated or copied in any manner. If the appointing authority chooses to proceed with the nomination of the person for appointment to an office, the director shall notify the chairperson and the vice chairperson of the committee that such information is available for review by either legislator, or both, upon the written request of either legislator, or both.
(f) Any information received by the director pursuant to this section which relates to a person whose nomination for appointment to an office is confirmed by the senate as provided by K.S.A. 75-4315b, and amendments thereto, may be disposed of in the manner provided by K.S.A. 75-3501 et seq., and amendments thereto. Any information received by the director pursuant to this section which relates to a person whose nomination is withdrawn or whose appointment is not confirmed by the senate as provided by K.S.A. 75-4315b, and amendments thereto, shall be destroyed by the director. The destruction of such records shall occur no sooner than one year, and no later than two years, following the withdrawal of the nomination of the appointment or the failure of the senate to confirm the appointment of such person.
History: L. 2008, ch. 121, § 1; L. 2009, ch. 126, § 3; L. 2024, ch. 15, § 95; July 1.
(a) For the purpose of this act, "public employee" means any employee of the state of Kansas, any employee of a city incorporated under the laws of the state of Kansas or any employee of a county, township, school district or other political subdivision of the state of Kansas.
(b) No public employee shall be discharged from employment solely by reason of the fact that he or she has availed himself or herself of or has been subjected by creditors to any proceeding in a state or federal court due to such employee's financial condition, which shall include, but not be limited to, a proceeding in bankruptcy, a proceeding to effect a wage earners' plan or any other similar proceeding instituted because of such employee's insolvency.
(c) Any person who discharges a public employee from employment in violation of this act shall be guilty of a class A misdemeanor.
History: L. 1971, ch. 283, § 1; July 1.
(a) In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the policy of this state that meetings for the conduct of governmental affairs and the transaction of governmental business be open to the public.
(b) It is declared hereby to be against the public policy of this state for any such meeting to be adjourned to another time or place in order to subvert the policy of open public meetings as pronounced in subsection (a).
(c) K.S.A. 75-4317 through 75-4320a shall be known and may be cited as the open meetings act.
History: L. 1972, ch. 319, § 1; L. 1975, ch. 455, § 1; L. 1999, ch. 96, § 1; July 1.
As used in the open meetings act, "meeting" means any gathering or assembly in person or through the use of a telephone or any other medium for interactive communication by a majority of the membership of a public body or agency subject to this act for the purpose of discussing the business or affairs of the public body or agency.
History: L. 1977, ch. 301, § 1; L. 1994, ch. 64, § 1; L. 2008, ch. 178, § 1; L. 2015, ch. 68, § 14; July 1.
(a) Subject to the provisions of subsection (g), all meetings for the conduct of the affairs of, and the transaction of business by, all legislative and administrative bodies and agencies of the state and political and taxing subdivisions thereof, including boards, commissions, authorities, councils, committees, subcommittees and other subordinate groups thereof, receiving or expending and supported in whole or in part by public funds shall be open to the public and no binding action by such public bodies or agencies shall be by secret ballot. Meetings of task forces, advisory committees or subcommittees of advisory committees created pursuant to a governor's executive order shall be open to the public in accordance with this act.
(b) Notice of the date, time and place of any regular or special meeting of a public body or agency designated in subsection (a) shall be furnished to any person requesting such notice, except that:
(1) If notice is requested by petition, the petition shall designate one person to receive notice on behalf of all persons named in the petition, and notice to such person shall constitute notice to all persons named in the petition;
(2) if notice is furnished to an executive officer of an employees' organization or trade association, such notice shall be deemed to have been furnished to the entire membership of such organization or association; and
(3) the public body or agency may require that a request to receive notice must be submitted again to the public body or agency prior to the commencement of any subsequent fiscal year of the public body or agency during which the person wishes to continue receiving notice, but, prior to discontinuing notice to any person, the public body or agency must notify the person that notice will be discontinued unless the person resubmits a request to receive notice.
(c) It shall be the duty of the presiding officer or other person calling the meeting, if the meeting is not called by the presiding officer, to furnish the notice required by subsection (b).
(d) Prior to any meeting mentioned by subsection (a), any agenda relating to the business to be transacted at such meeting shall be made available to any person requesting the agenda.
(e) The use of cameras, photographic lights and recording devices shall not be prohibited at any meeting mentioned by subsection (a), but such use shall be subject to reasonable rules designed to insure the orderly conduct of the proceedings at such meeting.
(f) Except as provided by section 22 of article 2 of the constitution of the state of Kansas, interactive communications in a series shall be open if they collectively involve a majority of the membership of the public body or agency, share a common topic of discussion concerning the business or affairs of the public body or agency, and are intended by any or all of the participants to reach agreement on a matter that would require binding action to be taken by the public body or agency.
(g) The provisions of the open meetings law shall not apply:
(1) To any administrative body that is authorized by law to exercise quasi-judicial functions when such body is deliberating matters relating to a decision involving such quasi-judicial functions;
(2) to the prisoner review board when conducting parole hearings or parole violation hearings held at a correctional institution;
(3) to any impeachment inquiry or other impeachment matter referred to any committee of the house of representatives prior to the report of such committee to the full house of representatives; and
(4) if otherwise provided by state or federal law or by rules of the Kansas senate or house of representatives.
(h) When a subcommittee or other subordinate group is created by a public body or agency, whenever a majority of such subcommittee or other subordinate group meets, such subcommittee or other subordinate group shall be subject to the requirements of this act.
(i) Unless otherwise stated in law, a private entity will only be considered a subordinate group of a legislative or administrative body of the state or a political and taxing subdivision if such private entity is under the control, whether directly or indirectly, of a legislative or administrative body of the state or a political and taxing subdivision.
(j) A public body or agency that voluntarily elects to live stream their meeting on television, the internet or any other medium shall ensure that all aspects of the open meeting are available through the selected medium for the public to observe. An unintentional technological failure or an action taken by the provider of the selected medium that disrupts or prevents such live stream shall not constitute a violation of this subsection.
History: L. 1972, ch. 319, § 2; L. 1975, ch. 455, § 2; L. 1977, ch. 301, § 2; L. 1978, ch. 361, § 1; L. 1985, ch. 284, § 1; L. 2001, ch. 122, § 1; L. 2002, ch. 162, § 1; L. 2008, ch. 178, § 2; L. 2009, ch. 58, § 1; L. 2012, ch. 16, § 32; L. 2015, ch. 68, § 15; L. 2025, ch. 89, § 5; July 1.
(a) Upon formal motion made, seconded and carried, all public bodies and agencies subject to the open meetings act may recess, but not adjourn, open meetings for closed or executive meetings. Any motion to recess for a closed or executive meeting shall include: (1) A statement describing the subjects to be discussed during the closed or executive meeting; (2) the justification listed in subsection (b) for closing the meeting; and (3) the time and place at which the open meeting shall resume. The complete motion shall be recorded in the minutes of the meeting and shall be maintained as a part of the permanent records of the public body or agency. Discussion during the closed or executive meeting shall be limited to those subjects stated in the motion.
(b) Justifications for recess to a closed or executive meeting may only include the following, the need:
(1) To discuss personnel matters of nonelected personnel;
(2) for consultation with an attorney for the public body or agency, which would be deemed privileged in the attorney-client relationship;
(3) to discuss employer-employee negotiations whether or not in consultation with the representative or representatives of the public body or agency;
(4) to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trusts, and individual proprietorships;
(5) to discuss matters relating to actions adversely or favorably affecting a person as a student, patient or resident of a public institution, except that any such person shall have the right to a public hearing if requested by the person;
(6) for the preliminary discussion of the acquisition of real property;
(7) to discuss matters relating to parimutuel racing permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 74-8804, and amendments thereto;
(8) to discuss matters relating to the care of children permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 38-2212(d)(1) or 38-2213(e), and amendments thereto;
(9) to discuss matters relating to the investigation of child deaths permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 22a-243(j), and amendments thereto;
(10) to discuss matters relating to patients and providers permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 39-7,119(g), and amendments thereto;
(11) to discuss matters required to be discussed in a closed or executive meeting pursuant to a tribal-state gaming compact;
(12) to discuss matters relating to security measures, if the discussion of such matters at an open meeting would jeopardize such security measures, that protect: (A) Systems, facilities or equipment used in the production, transmission or distribution of energy, water or communications services; (B) transportation and sewer or wastewater treatment systems, facilities or equipment; (C) a public body or agency, public building or facility or the information system of a public body or agency; or (D) private property or persons, if the matter is submitted to the public body or agency for purposes of this paragraph. For purposes of this paragraph, security means measures that protect against criminal acts intended to intimidate or coerce the civilian population, influence government policy by intimidation or coercion or to affect the operation of government by disruption of public services, mass destruction, assassination or kidnapping. Security measures include, but are not limited to, intelligence information, tactical plans, resource deployment and vulnerability assessments;
(13) to discuss matters relating to maternity centers and child care facilities permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 65-525(d), and amendments thereto;
(14) to discuss matters relating to the office of inspector general permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 75-7427, and amendments thereto;
(15) for the governor's domestic violence fatality review board to conduct case reviews; *
(16) for the general regulatory sandbox program advisory committee to discuss applications to the general regulatory sandbox program.
(c) No binding action shall be taken during closed or executive recesses, and such recesses shall not be used as a subterfuge to defeat the purposes of this act.
(d) Any confidential records or information relating to security measures provided or received under the provisions of subsection (b)(12), shall not be subject to subpoena, discovery or other demand in any administrative, criminal or civil action.
History: L. 1972, ch. 319, § 3; L. 1977, ch. 301, § 3; L. 1981, ch. 344, § 1; L. 1988, ch. 315, § 4; L. 1992, ch. 318, § 9; L. 1993, ch. 286, § 75; L. 1994, ch. 254, § 3; L. 1996, ch. 256, § 23; L. 1999, ch. 96, § 2; L. 2001, ch. 190, § 2; L. 2004, ch. 177, § 2; L. 2005, ch. 126, § 4; L. 2007, ch. 177, § 16; L. 2009, ch. 132, § 14; L. 2012, ch. 16, § 33; L. 2015, ch. 68, § 16; L. 2017, ch. 73, § 4; L. 2025, ch. 107, § 8; July 1.
History: L. 1972, ch. 319, § 3; L. 1977, ch. 301, § 3; L. 1981, ch. 344, § 1; L. 1988, ch. 315, § 4; L. 1992, ch. 312, § 39; Repealed, L. 1993, ch. 286, § 77; July 1.
History: L. 1972, ch. 319, § 3; L. 1977, ch. 301, § 3; L. 1981, ch. 344, § 1; L. 1988, ch. 315, § 4; L. 1992, ch. 318, § 9; L. 1993, ch. 286, § 75; L. 1994, ch. 254, § 3; L. 1996, ch. 256 § 23; L. 1999, ch. 96, § 2; L. 2001, ch. 190, § 2; L. 2004, ch. 178, § 6; Repealed, L. 2005, ch. 126, § 9; July 1.
(a) Any member of a public body or agency subject to the open meetings act who knowingly violates any of the provisions of such act or who intentionally fails to furnish information as required by K.S.A. 75-4318(b), and amendments thereto, shall be liable for the payment of a civil penalty in an action brought by the attorney general or county or district attorney, in a sum set by the court of not to exceed $500 for each violation. In addition, any binding action which is taken at a meeting not in substantial compliance with the provisions of the open meetings act shall be voidable in any action brought by the attorney general or county or district attorney in the district court of the county in which the meeting was held within 21 days of the meeting, and the court shall have jurisdiction to issue injunctions or writs of mandamus to enforce the provisions of the open meetings act.
(b) Civil penalties sued for and recovered hereunder by the attorney general shall be paid into the attorney general's open government fund. Civil penalties sued for and recovered hereunder by a county or district attorney shall be paid into the general fund of the county where the proceedings were instigated.
(c) No fine shall be imposed pursuant to subsection (a) for violations of K.S.A. 75-4318(f), and amendments thereto, which occur prior to July 1, 2009.
History: L. 1972, ch. 319, § 4; L. 1977, ch. 301, § 4; L. 2004, ch. 177, § 3; L. 2008, ch. 178, § 3; L. 2015, ch. 68, § 17; July 1.
(a) The district court of any county in which a meeting is held shall have jurisdiction to enforce the purposes of K.S.A. 75-4318 and 75-4319, and amendments thereto, with respect to such meeting, by injunction, mandamus, declaratory judgment or other appropriate order, on application of any person. The district court may require a defendant to complete training approved by the attorney general concerning the requirements of the open meetings act.
(b) In any action hereunder or under K.S.A. 75-4320d, and amendments thereto, the burden of proof shall be on the public body or agency to sustain its action.
(c) In any action hereunder, the court may award court costs to the person seeking to enforce the provisions of K.S.A. 75-4318 or 75-4319, and amendments thereto, if the court finds that the provisions of those statutes were violated. The award shall be assessed against the public body or agency responsible for the violation.
(d) In any action hereunder in which the defendant is the prevailing party, the court may award to the defendant court costs if the court finds that the plaintiff maintained the action frivolously, not in good faith or without a reasonable basis in fact or law.
(e) In any action hereunder brought by the attorney general or a county or district attorney, if the court finds that any provisions of K.S.A. 75-4318 or 75-4319, and amendments thereto, were violated, such court:
(1) Except as provided in subsection (e)(2), may award the attorney general's or the county or district attorney's reasonable expenses, investigation costs and attorney fees; and
(2) shall award the same if the court determines that the violation was not made in good faith and without a reasonable basis in fact or law.
(f) Except as otherwise provided by law, proceedings arising under this section shall take precedence over all other cases and shall be assigned for hearing and trial at the earliest practicable date.
(g) As used in this section, "meeting" has the meaning provided by K.S.A. 75-4317a, and amendments thereto.
History: L. 1981, ch. 344, § 2; L. 2015, ch. 68, § 18; July 1.
(a) In investigating alleged violations of the open meetings act, the attorney general or county or district attorney may:
(1) Subpoena witnesses, evidence, records, documents or other material;
(2) take testimony under oath;
(3) examine or cause to be examined any records or other documentary material of whatever nature relevant to such alleged violations;
(4) require attendance during such examination of documentary material and take testimony under oath or acknowledgment in respect of any such documentary material;
(5) serve interrogatories; and
(6) administer oaths and affirmations.
(b) Service by the attorney general or a county or district attorney of any interrogatories or subpoena upon any person shall be made:
(1) By certified mail, return receipt requested, to the last known place of business, residence or abode within or without this state; or
(2) in the manner provided in the code of civil procedure as if a petition had been filed.
(c) If any person willfully fails or refuses to file any response to a request for information, records or other materials required by this section, respond to interrogatories or obey any subpoena issued by the attorney general or a county or district attorney, the attorney general or a county or district attorney may, after notice, apply to the district court of the county where the request, interrogatories or subpoena was issued, or of any other county where venue is proper, and after a hearing thereon the district court may:
(1) Issue an order requiring a response to the request for information, records or other materials, a response to interrogatories or compliance with the subpoena; or
(2) grant such other relief as may be required, until the person provides the requested response for information, records or other materials, responds to the interrogatories or obeys the subpoena.
History: L. 2000, ch. 156, § 7; L. 2015, ch. 68, § 19; July 1.
The Sunflower Foundation: Health Care for Kansas, established pursuant to the settlement agreement entered into by the attorney general in the action filed by Blue Cross and Blue Shield of Kansas, Inc., in the district court of Shawnee county, Kansas, case no. 97CV608, shall be and is hereby deemed to be a public body and shall be subject to the open meetings law.
History: L. 2001, ch. 122, § 3; April 26.
(a) The attorney general may determine by a preponderance of the evidence after an investigation that a public body or agency has violated K.S.A. 75-4317 et seq., and amendments thereto, and may, at any time prior to the filing of an action pursuant to K.S.A. 75-4320a, and amendments thereto, either enter into a consent order with the public body or agency or issue a finding of violation to the public body or agency.
(1) If the attorney general enters into a consent order with the public body or agency, the consent order:
(A) May contain admissions of fact and any or all of the following:
(i) Require completion of training approved by the attorney general concerning the requirements of K.S.A. 75-4317 et seq., and amendments thereto;
(ii) impose a civil penalty as provided for in K.S.A. 75-4320, and amendments thereto, in an amount not to exceed $250 for each violation; and
(iii) set forth the public body's or agency's agreement that it will comply with the requirements of the open meetings act, K.S.A. 75-4317 et seq., and amendments thereto; and
(B) shall bear the signature of the head of the public body or agency, of any officer found to have violated the provisions of K.S.A. 75-4317 et seq., and amendments thereto, and of any other person required by the attorney general.
(2) If the attorney general issues a finding of violation to the public body or agency, the finding may contain findings of fact and conclusions of law and require the public body or agency to do any or all of the following:
(A) Cease and desist from further violation;
(B) comply with the provisions of K.S.A. 75-4317 et seq., and amendments thereto;
(C) complete training approved by the attorney general concerning the requirements of K.S.A. 75-4317 et seq., and amendments thereto; and
(D) pay a civil penalty as provided for in K.S.A. 75-4320, and amendments thereto, in an amount not to exceed $500 for each violation.
(b) The attorney general may require submission of proof that requirements of any consent order entered pursuant to subsection (a)(1) or any finding of violation issued pursuant to subsection (a)(2) have been satisfied.
(c) (1) The attorney general may apply to the district court to enforce a consent order pursuant to subsection (a)(1) or finding of violation pursuant to subsection (a)(2). Prior to applying to the district court, the attorney general shall make a demand to the public body or agency to comply with the consent order or finding of violation and afford reasonable opportunity for the public body or agency to cure the violation.
(2) An enforcement action under this section may be filed in the district court of the county where the consent order or finding of violation is issued or is effective. The district court of any county shall have jurisdiction to enforce any consent order or finding of violation.
(3) If the district court finds the attorney general did not abuse the attorney general's discretion in entering into the consent order or issuing the finding of violation, the district court shall enter an order that:
(A) Enjoins the public body or agency to comply with the consent order or finding of violation;
(B) imposes a civil penalty as provided for in K.S.A. 75-4320, and amendments thereto. The penalty shall be set by the court in an amount not less than the amount ordered by the attorney general, nor more than $500 for each violation;
(C) requires the public body or agency to pay the attorney general's court costs and costs incurred in investigating the violation; and
(D) provides for any other remedy authorized by K.S.A. 75-4320a(a), and amendments thereto, that the court deems appropriate.
(4) In any enforcement action under this section, if the court finds that any of the provisions of K.S.A. 75-4317 et seq., and amendments thereto, were violated, such court:
(A) Except as provided in subsection (c)(4)(B), may require the public body or agency to pay the attorney general's reasonable attorney fees; and
(B) shall require the public body or agency to pay the attorney general's reasonable attorney fees, if the public body's or agency's violation was not made in good faith and without a reasonable basis in fact or law.
(d) Any finding of violation issued by the attorney general pursuant to subsection (a)(2) shall be served upon the public body or agency:
(1) By certified mail, return receipt requested, to the last known place of business, residence or abode within or without this state; or
(2) in the manner provided in the code of civil procedure as if a petition had been filed.
(e) The attorney general shall maintain and make available for public inspection all consent orders entered pursuant to subsection (a)(1) and all findings of violation issued pursuant to subsection (a)(2).
(f) This section shall be a part of and supplemental to the open meetings act.
History: L. 2015, ch. 68, § 4; July 1.
(a) Any complaint submitted to the attorney general shall be on a form prescribed by the attorney general setting forth the facts that the complaining party believes show that K.S.A. 75-4317 et seq., and amendments thereto, have been violated. The person submitting the complaint must attest to the facts under penalty of perjury pursuant to K.S.A. 53-601, and amendments thereto.
(b) This section shall be a part of and supplemental to the open meetings act.
History: L. 2015, ch. 68, § 6; July 1.
(a) In lieu of bringing an action as provided in K.S.A. 75-4320a, and amendments thereto, the attorney general or a county or district attorney may resolve the matter by accepting a consent judgment with respect to any act or practice declared to be a violation of this act. Before any consent judgment entered into pursuant to this section shall be effective, such judgment must be approved by the district court and an entry made thereof in the manner required for making an entry of judgment. Once such approval is received, any breach of the conditions of the consent judgment shall be treated as a violation of a court order, and shall be subject to all the penalties provided by law therefor.
(b) A consent judgment may contain any remedy available to the district court, except it shall not include an award of reasonable expenses, investigation costs or attorney fees.
(c) This section shall be a part of and supplemental to the open meetings act.
History: L. 2015, ch. 68, § 5; July 1.
(a) The legislature hereby finds and declares that:
(1) The people of this state have a fundamental interest in the development of harmonious and cooperative relationships between government and its employees;
(2) the denial by some public employers of the right of public employees to organize and the refusal by some to accept the principle and procedure of full communication between public employers and public employee organizations can lead to various forms of strife and unrest;
(3) the state has a basic obligation to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of government;
(4) there neither is, nor can be, an analogy of statuses between public employees and private employees, in fact or law, because of inherent differences in the employment relationship arising out of the unique fact that the public employer was established by and is run for the benefit of all the people and its authority derives not from contract nor the profit motive inherent in the principle of free private enterprise, but from the constitution, statutes, civil service rules, regulations and resolutions; and
(5) the difference between public and private employment is further reflected in the constraints that bar any abdication or bargaining away by public employers of their continuing legislative discretion and in the fact that constitutional provisions as to contract, property, and due process do not apply to the public employer and employee relationship.
(b) Subject to the provisions of subsection (c), it is the purpose of this act to obligate public agencies, public employees and their representatives to enter into discussions with affirmative willingness to resolve grievances and disputes relating to conditions of employment, acting within the framework of law. It is also the purpose of this act to promote the improvement of employer-employee relations within the various public agencies of the state and its political subdivisions by providing a uniform basis for recognizing the right of public employees to join organizations of their own choice, or to refrain from joining, and be represented by such organizations in their employment relations and dealings with public agencies.
(c) The governing body of any public employer, other than the state and its agencies, by a majority vote of all the members may elect to bring such public employer under the provisions of this act, and upon such election the public employer and its employees shall be bound by its provisions from the date of such election. Once an election has been made to bring the public employer under the provisions of this act it continues in effect unless rescinded by a majority vote of all members of the governing body. No vote to rescind shall take effect until the termination of the next complete budget year following such vote.
History: L. 1971, ch. 264, § 1; March 1, 1972.
As used in this act:
(a) "Public employee" means any person employed by any public agency, except those persons classed as supervisory employees, professional employees of school districts, as defined by subsection (c) of K.S.A. 72-5413, elected and management officials, and confidential employees.
(b) "Supervisory employee" means any individual who normally performs different work from his subordinates, having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend a preponderance of such actions, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. A memorandum of agreement may provide for a definition of "supervisory employees" as an alternative to the definition herein.
(c) "Confidential employee" means any employee whose unrestricted access to confidential personnel files or other information concerning the administrative operations of a public agency, or whose functional responsibilities or knowledge in connection with the issues involved in the meet and confer process would make his membership in the same employee organization as other employees incompatible with his official duties.
(d) "Professional employee" includes any employee: (1) Whose work is predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; involves the consistent exercise of discretion and judgment; requires knowledge of an advanced type in a field of science or learning customarily acquired by prolonged study in an institution of higher learning; or (2) who has completed courses of prolonged study as described in paragraph (1) of this subsection, and is performing related work under the supervision of a professional person in order to qualify as a professional employee as defined in paragraph (1) of this subsection; or (3) attorneys-at-law or any other person who is registered as a qualified professional by a board of registration or other public body established for such purposes under the laws of this state.
(e) "Elected and management officials" means any elective official and any appointed officer charged by law with major administrative and management responsibilities.
(f) "Public agency" or "public employer" means every governmental subdivision, including any county, township, city, school district, special district, board, commission, or instrumentality or other similar unit whose governing body exercises similar governmental powers, and the state of Kansas and its state agencies.
(g) "Governing body" means the legislative body, policy board or other authority of the public employer possessing legislative or policymaking responsibilities pursuant to the constitution or laws of this state.
(h) "Representative of the public agency" means the chief executive officer of the public employer or his or her designee, except when the governing body provides otherwise, and except in the case of the state of Kansas and its state agencies. Such chief executive shall be for counties, the chairman of the board of county commissioners; for cities, the mayor, city manager or city superintendent; for school districts, the president of the board of education; and for other local units, such similar elected or appointed officer. In the case of the state of Kansas and its state agencies, "representative of the public employer" means a team of persons, the head of which shall be a person designated by the secretary of administration and the heads of the state agency or state agencies involved or one person designated by each such state agency head.
(i) "Employee organization" means any organization which includes employees of a public agency and which has as one of its primary purposes representing such employees in dealings with that public agency over conditions of employment and grievances.
(j) "Recognized employee organization" means an employee organization which has been formally acknowledged by the public agency or certified as representing a majority of the employees of an appropriate unit.
(k) "Business agent" means any authorized person who is a full-time official of an employee organization and whose principal duties are to act or to attempt to act for an employee organization (1) in proceedings to meet and confer and other proceedings involving a memorandum of agreement, (2) in servicing existing memorandums of agreement, or (3) in organizing employees into employee organizations.
(l) "Board" means the public employee relations board established pursuant to this act.
(m) "Meet and confer in good faith" is the process whereby the representative of a public agency and representatives of recognized employee organizations have the mutual obligation personally to meet and confer in order to exchange freely information, opinions and proposals to endeavor to reach agreement on conditions of employment.
(n) "Memorandum of agreement" means a written memorandum of understanding arrived at by the representatives of the public agency and a recognized employee organization which may be presented to the governing body of a public employer or its statutory representative and to the membership of such organization for appropriate action.
(o) "Mediation" means effort by an impartial third party to assist in reconciling a dispute regarding conditions of employment between representatives of the public agency and recognized employee organizations through interpretation and advice.
(p) "Fact-finding" means investigation of such a dispute by an individual, panel, or board with the fact-finder submitting a report to the parties describing the issues involved; the report shall contain recommendations for settlement and may be made public.
(q) "Arbitration" means interpretation of the terms of an existing or a new memorandum of agreement or investigation of disputes by an impartial third party whose decision may or may not be final and binding. Arbitration is advisory when the results are not binding upon the parties; it is final and binding when both parties, of their own volition, agree to submit a dispute to, and to abide by the decision of, the impartial third party.
(r) "Strike" means an action taken for the purpose of coercing a change in the conditions, rights, privileges or obligations of employment through the failure by concerted action with others to report for duty or to work at usual capability in the performance of the normal duties of employment.
(s) "Lockout" means action taken by the public employer to provoke interruptions of or prevent the continuity of work normally and usually performed by the employees for the purpose of coercing the employees into relinquishing rights guaranteed by this act.
(t) "Conditions of employment" means salaries, wages, hours of work, vacation allowances, sick and injury leave, number of holidays, retirement benefits, insurance benefits, prepaid legal service benefits, wearing apparel, premium pay for overtime, shift differential pay, jury duty and grievance procedures, but nothing in this act shall authorize the adjustment or change of such matters which have been fixed by statute or by the constitution of this state.
(u) "Grievance" means a statement of dissatisfaction by a public employee, supervisory employee, employee organization or public employer concerning interpretation of a memorandum of agreement or traditional work practice.
(v) "Budget submission date" means (1) for any public employers subject to the budget law in K.S.A. 79-2925 et seq. the date of July 1, and (2) for any other public employer the date fixed by law. "Budget submission date" means, in the case of the state and its state agencies, the date of September 15.
(w) "Legislature" means the legislature of the state of Kansas.
(x) "State agency" means the same as is ascribed thereto in K.S.A. 75-3701.
History: L. 1971, ch. 264, § 2; L. 1972, ch. 340, § 1; L. 1973, ch. 363, § 1; L. 1974, ch. 207, § 6; L. 1977, ch. 302, § 1; July 1.
(a) There is hereby created the public employee relations board, which shall consist of five 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 board shall exercise any power, duty or function as a member of the board until confirmed by the senate. One member shall be representative of public employers; one member shall be representative of public employees; and three members shall be representative of the public at large and hold no other public office or public employment. Of the three members representing the public, one shall be selected by the board as chairperson thereof. Not more than three members of the board shall be members of the same political party. Except as provided by subsection (b), each member shall be appointed for a term of four years and until a successor is appointed and confirmed. The governor shall appoint qualified successors to fill vacancies occurring by reason of the expiration of the terms. In case of any other vacancy on the board, the governor shall appoint a qualified successor for 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) Members of the public employee relations 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. The secretary of labor shall provide office space and such clerical and other staff assistance as necessary to assist the board in carrying out the provisions of this act.
(d) The secretary of labor may establish, after consulting with representatives of employee organizations and of public agencies, panels of qualified persons, broadly representative of the public, to be available to serve as mediators, arbitrators or members of fact-finding boards and may appoint or may contract with such persons as necessary for the performance of the board's functions, including, but not limited to, mediators, members of fact-finding boards and representatives of employee organizations and public employers to serve as technical advisors to fact-finding boards. Such persons shall perform the duties and exercise the powers prescribed by the secretary, by the board or by law. The secretary shall fix the compensation of such persons and shall provide for reimbursement of their expenses within the amounts made available therefor by the legislature.
(e) In addition to the authority provided in other sections, the board may:
(1) Establish procedures for the prevention of improper public employer and employee organization practices as provided in K.S.A. 75-4333, and amendments thereto, except that the board shall provide only for the entering of an order directing the public agency or employee organization to meet and confer in good faith in the case of a claimed violation of subsection (b)(5) or (c)(3) of K.S.A. 75-4333, and amendments thereto. The pendency of proceedings under this paragraph shall not be used as the basis to delay or interfere with determination of representation status pursuant to K.S.A. 75-4327, and amendments thereto, or with meeting and conferring.
(2) Hold such hearings and make such inquiries as it considers necessary to carry out properly its functions and powers. For the purpose of such hearings and inquiries, the board may administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence and compel attendance of witnesses and the production of documents by the issuance of subpoenas. Any of these powers may be delegated to any member of the board or to any person appointed by the secretary of labor to perform the functions of the board. The subpoenas shall be regulated and enforced in the same manner as provided for the secretary of labor under the provisions of K.S.A. 44-611, and amendments thereto.
(3) Make, amend and rescind such rules and regulations, and exercise such other powers, as appropriate to effectuate the purposes and provisions of this act.
(f) The board shall intervene in the public employer-public employee relations of political subdivisions to the minimum extent possible to secure the objectives expressed in K.S.A. 75-4321, and amendments thereto.
History: L. 1971, ch. 264, § 3; L. 1973, ch. 363, § 2; L. 1974, ch. 348, § 95; L. 1976, ch. 370, § 100; L. 1982, ch. 347, § 58; L. 1995, ch. 241, § 23; L. 2004, ch. 179, § 119; July 1.
Public employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing, for the purpose of meeting and conferring with public employers or their designated representatives with respect to grievances and conditions of employment. Public employees also shall have the right to refuse to join or participate in the activities of employee organizations.
History: L. 1971, ch. 264, § 4; March 1, 1972.
Nothing herein shall prohibit any individual employed as a supervisory employee from becoming or remaining a member of an employee organization, but no public employer subject to this act shall be compelled to deem individuals defined herein as supervisory employees as public employees for the purposes of this act.
History: L. 1971, ch. 264, § 5; March 1, 1972.
Nothing in this act is intended to circumscribe or modify the existing right of a public employer to:
(a) Direct the work of its employees;
(b) Hire, promote, demote, transfer, assign and retain employees in positions within the public agency;
(c) Suspend or discharge employees for proper cause;
(d) Maintain the efficiency of governmental operation;
(e) Relieve employees from duties because of lack of work or for other legitimate reasons;
(f) Take actions as may be necessary to carry out the mission of the agency in emergencies; and
(g) Determine the methods, means and personnel by which operations are to be carried on.
History: L. 1971, ch. 264, § 6; March 1, 1972.
(a) Public employers shall recognize employee organizations for the purpose of representing their members in relations with public agencies as to grievances and conditions of employment. Employee organizations may establish reasonable provisions for an individual's admission to or dismissal from membership.
(b) Where an employee organization has been certified by the board as representing a majority of the employees in an appropriate unit, or recognized formally by the public employer pursuant to the provisions of this act, the appropriate employer shall meet and confer in good faith with such employee organization in the determination of conditions of employment of the public employees as provided in this act, and may enter into a memorandum of agreement with such recognized employee organization.
(c) A recognized employee organization shall represent not less than a majority of the employees of an appropriate unit. When a question concerning the designation of an appropriate unit is raised by a public agency, employee organization or by five or more employees, the public employee relations board, at the request of any of the parties, shall investigate such question and, after a hearing in accordance with the provisions of the Kansas administrative procedure act, rule on the definition of the appropriate unit in accordance with subsection (e).
(d) Following determination of the appropriate unit of employees, the public employee relations board, at the request of the public employer or on petition of employees, shall investigate questions and certify to the parties in writing, the names of the representatives that have been designated for an appropriate unit. The filing of a petition for the investigation or certification of a representative of employees shall show the names of not less than 30% of the employees within an appropriate unit. In any such investigation, the board may provide for an appropriate hearing, shall determine voting eligibility and shall take a secret ballot of employees in the appropriate unit involved to ascertain such representatives for the purpose of formal recognition. Recognition shall be granted only to an employee organization that has been selected as a representative of an appropriate unit, in a secret ballot election, by a majority of the employees in an appropriate unit who voted at such election. Each employee eligible to vote shall be provided the opportunity to choose the employee organization such employee wishes to represent such employee, from among those on the ballot, or to choose "no representation." When an election in which the ballot provided for three or more choices between representatives and no representation resulted in no choice receiving a majority of the valid votes cast, the board shall conduct a run-off election by secret ballot. The ballot in a run-off election shall only provide for a selection between the two choices receiving the largest and second largest number of votes in the original election. The board is authorized to hold elections to determine whether: (1) An employee organization should be recognized as the formal representative of employees in a unit; (2) an employee organization should replace another employee organization as the formal representative of employees in a unit; (3) a recognized employee organization should be decertified.
Any petition calling for an election in accordance with this section shall be dismissed by the board without determining the questions raised therein if such petition is filed more than 150 days or less than 90 days prior to the expiration date of an existing memorandum of agreement which governs the terms and conditions of employment of the employees within the appropriate unit.
If the board has certified a formally recognized representative in an appropriate unit, it shall not be required to consider the matter again for a period of one year, unless the board determines that sufficient reason exists. The board may promulgate such rules and regulations as may be appropriate to carry out the provisions of subsections (c) and (d).
(e) Any group of public employees considering the formation of an employee organization for formal recognition, any public employer considering the recognition of an employee organization on its own volition and the board, in investigating questions at the request of the parties as specified in this section, shall take into consideration, along with other relevant factors: (1) The principle of efficient administration of government; (2) the existence of a community of interest among employees; (3) the history and extent of employee organization; (4) geographical location; (5) the effects of overfragmentation and the splintering of a work organization; (6) the provisions of K.S.A. 75-4325, and amendments thereto; and (7) the recommendations of the parties involved.
(f) A recognized employee organization shall not include: (1) Both professional and other employees, unless a majority of the professional employees vote for inclusion in the organization; (2) uniform police employees and public property security guards with any other public employees, but such employees may form their own separate homogenous units; or (3) uniformed firemen with any other public employees, but such employees may form their own separate homogenous units. The employees of a public safety department of cities which has both police and fire protection duties shall be an appropriate unit.
(g) It is the intent of this act that employer-employee relations affecting the finances of a public employer shall be conducted at such times as will permit any resultant memorandum of agreement to be duly implemented in the budget preparation and adoption process. A public employer, during the 60 days immediately prior to its budget submission date, shall not be required to recognize an employee organization not previously recognized, nor shall it be obligated to initiate or begin meet and confer proceedings with any recognized employee organization for a period of 30 days before and 30 days after its budget submission date.
(h) No employee organization shall be recognized unless it establishes and maintains standards of conduct providing for: (1) The maintenance of democratic procedures and practices, including periodic elections by secret ballot and the fair and equal treatment of all members; and (2) the maintenance of fiscal integrity, including accurate accounting and periodic financial reports open to all members and the prohibition of business or financial interests by officers which conflict with their fiduciary responsibilities.
(i) The board shall assess the reasonable costs for conducting a secret ballot of the employees against the party seeking the election. For the purposes of this subsection, the term "costs" shall include amounts expended by the board for printing of ballots and necessary postage.
History: L. 1971, ch. 264, § 7; L. 1972, ch. 340, § 3; L. 1973, ch. 363, § 5; L. 1981, ch. 345, § 1; L. 1988, ch. 356, § 304; L. 2013, ch. 61, § 1; July 1.
(a) A public employer shall extend to a certified or formally recognized employee organization the right to represent the employees of the appropriate unit involved in meet and confer proceedings and in the settlement of grievances, and also shall extend the right to unchallenged representation status, consistent with subsection (d) of K.S.A. 75-4327, during the twelve (12) months following the date of certification or formal recognition.
History: L. 1971, ch. 264, § 8; March 1, 1972.
Every public agency, other than the state, acting through its governing body, may establish procedures, not inconsistent with the provisions of K.S.A. 75-4327 and 75-4328 and, after consultation with interested employee organizations and employer representatives, may resolve disputes concerning the recognition status of employee organizations composed of employees of such agency. In the absence of such procedures, such disputes shall be submitted to the public employee relations board in accordance with K.S.A. 75-4327.
History: L. 1971, ch. 264, § 9; March 1, 1972.
(a) The scope of a memorandum of agreement may extend to all matters relating to conditions of employment, except proposals relating to (1) any subject preempted by federal or state law or by a municipal ordinance passed under the provisions of section 5 of article 12 of the Kansas constitution; (2) public employee rights defined in K.S.A. 75-4324, and amendments thereto; (3) public employer rights defined in K.S.A. 75-4326, and amendments thereto; or (4) the authority and power of any civil service commission, personnel board, personnel agency or its agents established by statute, ordinance or special act to conduct and grade merit examinations and to rate candidates in the order of their relative excellence, from which appointments or promotions may be made to positions in the competitive division of the classified service of the public employer served by such civil service commission or personnel board. Any memorandum of agreement relating to conditions of employment entered into may be executed for a maximum period of three years, notwithstanding the provisions of the cash-basis law contained in K.S.A. 10-1102 et seq., and amendments thereto, and the budget law contained in K.S.A. 79-2925 et seq., and amendments thereto.
(b) Such memorandum agreement may contain a grievance procedure and may provide for the impartial arbitration of any disputes that arise on the interpretation of the memorandum agreement. Such arbitration shall be advisory or final and binding, as determined by the agreement, and may provide for the use of a fact-finding board. The public employee relations board is authorized to establish rules for procedure of arbitration in the event the agreement has not established such rules. In the absence of arbitrary and capricious rulings by the fact-finding board during arbitration, the decision of that board shall be final. Judicial review shall be in accordance with the Kansas judicial review act.
(c) Notwithstanding the other provisions of this section and the act of which this section is a part, when a memorandum of agreement applies to the state or to any state agency, the memorandum of agreement shall not be effective as to any matter requiring passage of legislation or state finance council approval, until approved as provided in this subsection. When executed, each memorandum of agreement shall be submitted to the state finance council. Any part or parts of a memorandum of agreement which relate to a matter which can be implemented by amendment of rules and regulations of the secretary of administration or by amendment of the pay plan and pay schedules of the state may be approved or rejected by the state finance council, and if approved, shall thereupon be implemented by it to become effective at such time or times as it specifies. Any part or parts of a memorandum of agreement which require passage of legislation for the implementation thereof shall be submitted to the legislature at its next regular session, and if approved by the legislature shall become effective on a date specified by the legislature.
History: L. 1971, ch. 264, § 10; L. 1972, ch. 340, § 2; L. 1986, ch. 318, § 138; L. 2010, ch. 17, § 201; July 1.
If agreement is reached by the representatives of the public agency and the recognized employee organization, they jointly shall prepare a memorandum of understanding and, within fourteen (14) days, present it to the appropriate governing body or authority for determination. The governing body or authority, as soon as practicable after receiving a report from the chief financial officer for the agency of the fiscal effect the terms of such memorandum will have upon the agency, shall consider the memorandum and take appropriate action. If the public employer is a taxing subdivision subject to the provisions of K.S.A. 79-4401, et seq., such financial report shall also include information as to the impact of such memorandum on the subdivision's aggregate tax levy and operating expense limitations. If a settlement is reached with an employee organization and the governing body or authority, the governing body or authority shall implement the settlement in the form of a law, ordinance, resolution, executive order, rule or regulation. If the governing body or authority rejects a proposed memorandum, the matter shall be returned to the parties for further deliberation.
History: L. 1971, ch. 264, § 11; March 1, 1972.
(a) Public employers may include in memoranda of agreement concluded with recognized employee organizations a provision setting forth the procedures to be invoked in the event of disputes which reach an impasse in the course of meet and confer proceedings. Such memorandum shall define conditions under which an impasse exists, and if the employer is bound by the budget law set forth in K.S.A. 79-2925 et seq., and amendments thereto, the memorandum shall provide that an impasse is deemed to exist if the parties fail to achieve agreement at least 14 days prior to budget submission date.
(b) In the absence of such memorandum of procedures, or upon the failure of such procedures resulting in an impasse, either party may request the assistance of the public employee relations board, or the board may render such assistance on its own motion. In either event, if the board determines an impasse exists in meet and confer proceedings between a public employer and a recognized employee organization, the board shall aid the parties in effecting a voluntary resolution of the dispute, and request the appointment of a mediator or mediators, representative of the public, from a list of qualified persons maintained by the secretary of labor, and such appointment of a mediator or mediators shall be made forthwith by the secretary.
(c) All verbal or written information transmitted between any party to a dispute and a mediator conducting the proceeding, or the staff of an approved program under K.S.A. 5-501 et seq., and amendments thereto, shall be confidential communications. No admission, representation or statement made in the proceeding shall be admissible as evidence or subject to discovery. A mediator shall not be subject to process requiring the disclosure of any matter discussed during the proceedings unless all the parties consent to a waiver. Any party, including the neutral person or staff of an approved program conducting the proceeding, participating in the proceeding has a privilege in any action to refuse to disclose, and to prevent a witness from disclosing, any communication made in the course of the proceeding. The privilege may be claimed by the party or anyone the party authorizes to claim the privilege.
(d) The confidentiality and privilege requirements of this section shall not apply to:
(1) Information that is reasonably necessary to establish a defense for the mediator or staff of an approved program conducting the proceeding in the case of an action against the mediator or staff of an approved program that is filed by a party to the mediation;
(2) any information that the mediator is required to report under K.S.A. 38-2223, and amendments thereto;
(3) any information that is reasonably necessary to stop the commission of an ongoing crime or fraud or to prevent the commission of a crime or fraud in the future for which there was an expressed intent to commit such crime or fraud; or
(4) any information that the mediator is required to report or communicate under the specific provisions of any statute or in order to comply with orders of the court.
(e) If the impasse persists seven days after the mediators have been appointed, the board shall request the appointment of a fact-finding board of not more than three members, each representative of the public, from a list of qualified persons maintained by the secretary of labor. The fact-finding board shall conduct a hearing, may administer oaths, and may request the board to issue subpoenas. It shall make written findings of facts and recommendations for resolution of the dispute and, not later than 21 days from the day of appointment, shall serve such findings on the public employer and the recognized employee organization. The board may make this report public seven days after it is submitted to the parties. If the dispute continues 14 days after the report is submitted to the parties, the report shall be made public.
(f) If the parties have not resolved the impasse by the end of a 40-day period, commencing with the appointment of the fact-finding board, or by a date not later than 14 days prior to the budget submission date, whichever date occurs first: (1) The representative of the public employer involved shall submit to the governing body of the public employer involved a copy of the findings of fact and recommendations of the fact-finding board, together with the representative's recommendations for settling the dispute; (2) the employee organization may submit to such governing body its recommendations for settling the dispute; (3) the governing body or a duly authorized committee thereof shall forthwith conduct a hearing at which the parties shall be required to explain their positions; and (4) thereafter, the governing body shall take such action as it deems to be in the public interest, including the interest of the public employees involved. The provisions of this subsection shall not be applicable to the state and its agencies and employees.
(g) The cost for the fees of court reporters and fact finders provided by the secretary of labor upon the request of the board shall be borne equally by the parties to a dispute.
History: L. 1971, ch. 264, § 12; L. 1976, ch. 370, § 101; L. 1996, ch. 129, § 7; L. 2004, ch. 179, § 120; L. 2006, ch. 200, § 116; L. 2013, ch. 61, § 2; July 1.
(a) The commission of any prohibited practice, as defined in this section, among other actions, shall constitute evidence of bad faith in meet and confer proceedings.
(b) It shall be a prohibited practice for a public employer or its designated representative willfully to:
(1) Interfere, restrain or coerce public employees in the exercise of rights granted in K.S.A. 75-4324, and amendments thereto;
(2) dominate, interfere or assist in the formation, existence, or administration of any employee organization;
(3) encourage or discourage membership in any employee organization, committee, association or representation plan by discrimination in hiring, tenure or other conditions of employment, or by blacklisting;
(4) discharge or discriminate against an employee because such employee has filed any affidavit, petition or complaint or given any information or testimony under this act, or because such employee has formed, joined or chosen to be represented by any employee organization;
(5) refuse to meet and confer in good faith with representatives of recognized employee organizations as required in K.S.A. 75-4327, and amendments thereto;
(6) deny the rights accompanying certification or formal recognition granted in K.S.A. 75-4328, and amendments thereto;
(7) deliberately and intentionally avoid mediation, fact-finding, and arbitration endeavors as provided in K.S.A. 75-4332, and amendments thereto; or
(8) institute or attempt to institute a lockout.
(c) It shall be a prohibited practice for public employees or employee organizations willfully to:
(1) Interfere with, restrain or coerce public employees in the exercise of rights granted in K.S.A. 75-4324, and amendments thereto;
(2) interfere with, restrain or coerce a public employer with respect to management rights granted in K.S.A. 75-4326, and amendments thereto, or with respect to selecting a representative for the purposes of meeting and conferring or the adjustment of grievances;
(3) refuse to meet and confer in good faith with a public employer as required in K.S.A. 75-4327, and amendments thereto;
(4) deliberately and intentionally avoid mediation, fact-finding and arbitration efforts as provided in K.S.A. 75-4332, and amendments thereto; or
(5) engage in a strike.
(d) (1) It shall be a prohibited practice for a public employee organization to endorse candidates, spend any of its income, directly or indirectly, for partisan or political purposes or engage in any kind of activity advocating or opposing the election of candidates for any public office.
(2) For the purposes of this section, "partisan or political purposes" means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate for public office at any caucus, political convention, primary or election.
(e) In the application and construction of this section, fundamental distinctions between private and public employment shall be recognized, and no body of federal or state law applicable wholly or in part to private employment shall be regarded as binding or controlling precedent.
History: L. 1971, ch. 264, § 13; L. 2013, ch. 6, § 2; July 1.
(a) Any controversy concerning prohibited practices may be submitted to the board. Proceedings against the party alleged to have committed a prohibited practice shall be commenced within six months of the date of such alleged practice by service upon the accused party by the board of a written notice, together with a copy of the charges. The accused party shall have seven days within which to serve a written answer to such charges, unless the board determines an emergency exists and requires the accused party to serve a written answer to such charges within 24 hours of their receipt. Hearings on prohibited practices shall be conducted in accordance with the provisions of the Kansas administrative procedure act. If the board determines an emergency exists, the board may use emergency adjudicative proceedings as provided in K.S.A. 77-536, and amendments thereto. A strike or lockout shall be construed to be an emergency. The board may use its rulemaking power, as provided in K.S.A. 75-4323, and amendments thereto, to make any other procedural rules it deems necessary to carry on this function.
(b) The board shall either dismiss the complaint or determine that a prohibited practice has been or is being committed. If the board finds that the party accused has committed or is committing a prohibited practice, the board shall make findings as authorized by this act and shall file them in the proceedings.
(c) Any action of the board pursuant to subsection (b) is subject to review and enforcement in accordance with the Kansas judicial review act. The procedures for obtaining injunction and allied remedies shall be as set forth in the code of civil procedure, except that the provisions of K.S.A. 60-904, and amendments thereto, shall not control injunction actions arising out of public employer-employee relations under this act.
(d) If there is an alleged violation of either subsection (b)(8) or (c)(5) of K.S.A. 75-4333, and amendments thereto, the aggrieved party is authorized to seek relief in district court in the manner provided for the board in subsection (c) while proceedings on such prohibited practices are pending before the board. Any ruling of the district court shall remain in effect until set aside by the court on motion of the parties or of the board or upon review of the board's order as provided by subsection (c).
History: L. 1971, ch. 264, § 14; L. 1973, ch. 363, § 6; L. 1986, ch. 318, § 139; L. 1988, ch. 356, § 305; L. 2010, ch. 17, § 202; July 1.
This act, except for K.S.A. 75-4322, 75-4323, 75-4324, 75-4325, 75-4326, 75-4327, 75-4328, 75-4333 and 75-4334, shall be inapplicable to any public employer, other than the state and its agencies which, acting through its governing body, has adopted by ordinance or resolution its own provisions and procedures which have been submitted to the board by such public employer and as to which there is in effect a determination by the board that such provisions and procedures and the continuing implementation thereof are reasonably equivalent to the provisions and procedures set forth in this act with respect to the state.
History: L. 1971, ch. 264, § 15; March 1, 1972.
(a) Every person desiring to act as a business agent for an employee organization shall first obtain a registration certificate from the secretary of state by filing an application therefor and paying a registration fee of $12.50. No person shall be issued a registration certificate unless: (1) The applicant is a citizen of the United States; (2) the applicant's name, address and length of residence in Kansas are stated in the application; and (3) the application is accompanied by a statement, signed by the president and secretary of the employee organization, which authorizes the applicant to act as agent for such employee organization.
(b) Unless it has been surrendered, suspended or revoked at an earlier date, the registration certificate shall be valid for the calendar year in which it was obtained and shall expire on December 31 or, for registration certificates obtained after December 31, 1982, each such registration certificate may be valid for the fiscal year of the employee organization represented by the business agent in which the certificate was obtained and shall expire on the last day of such fiscal year.
(c) If a person has obtained a registration certificate as a business agent under the provisions of K.S.A. 44-804 and amendments thereto to act in such capacity for a labor organization thereunder and such labor organization is an employee organization, such registration shall fully satisfy the requirements of this section and no further registration or registration fee shall be required of such person desiring to act as a business agent for such employee organization.
History: L. 1973, ch. 363, § 3; L. 1974, ch. 207, § 7; L. 1982, ch. 363, § 10; July 1.
History: L. 1973, ch. 363, § 4; L. 1974, ch. 207, § 8; L. 1980, ch. 150, § 2; L. 1982, ch. 363, § 11; Repealed, L. 2025, ch. 29, § 14; July 1.
(a) It shall be a prohibited practice for any professional employees' organization, as defined in K.S.A. 72-2218, and amendments thereto, or public employee organization, as defined in K.S.A. 75-4322, and amendments thereto, to use any dues, fees, money or other assessments deducted from a member's paycheck for the purpose of engaging in partisan or political purposes as defined in subsection (d). A professional employees' organization or public employee organization may not require any contribution to a candidate, personal campaign committee, political action committee, registered political party, or political fund as a condition of membership or participation in the professional employees' organization or public employee organization.
(b) (1) A professional employees' organization or a public employee organization wishing to make expenditures for partisan or political purposes shall establish a political fund.
(2) Each professional employees' organization or public employee organization that establishes a political fund shall:
(A) Maintain the political fund as a separate, segregated account apart from any account containing money received by a professional employees' organization or a public employee organization as union dues;
(B) ensure that each contribution to the political fund is voluntary; and
(C) establish the political fund as a political action committee.
(3) (A) A professional employees' organization or a public employee organization may only make expenditures for partisan or political purposes from a political fund established in accordance with this section.
(B) A professional employees' organization or a public employee organization may not expend union dues for partisan or political purposes or transfer union dues to a political fund.
(c) (1) Nothing in this section precludes a professional employees' organization or a public employee organization from making expenditures of union dues to communicate directly with its own members about political candidates or political issues.
(2) Nothing in this section precludes a professional employees' organization or public employee organization from making expenditures of union dues either for the establishment of a political fund or to solicit contributions from its members to a political fund.
(d) (1) "Partisan or political purposes" means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate for public office at any caucus, political convention, primary, or election.
(2) "Political fund" means a separate segregated fund established by a professional employees' organization or a public employee organization for partisan and political purposes that meets the requirements of this section.
(3) "Union dues" means dues, fees, money, or other assessments required as a condition of membership or participation in a professional employees' organization or a public employee organization.
(e) This section as it relates to public employee organizations shall be supplemental to the provisions of K.S.A. 75-4333, and amendments thereto, and shall be enforced pursuant to the provisions of K.S.A. 75-4334, and amendments thereto.
(f) This section as it relates to professional employees' organizations shall be supplemental to the provisions of K.S.A. 72-2235, and amendments thereto, and shall be enforced pursuant to the provisions of K.S.A. 72-2236, and amendments thereto.
History: L. 2013, ch. 6, § 1; July 1.
If any provision of this act, including any amendment made by this act, or the application of any such provision to any person or circumstance, is held invalid, the validity of any other provision of this act, or the application of such provision to other persons and circumstances, shall not be affected thereby.
History: L. 2013, ch. 6, § 3; July 1.
A qualified interpreter shall be appointed in the following cases for persons whose primary language is one other than English, or who is a deaf, hard of hearing or speech impaired person: (a) In any grand jury proceeding, when such person is called as a witness;
(b) in any court proceeding involving such person and such proceeding may result in the confinement of such person or the imposition of a penal sanction against such person;
(c) in any civil proceeding, whether such person is the plaintiff, defendant or witness in such action;
(d) in any proceeding before a board, commission, agency, or licensing authority of the state or any of its political subdivisions, when such person is the principal party in interest;
(e) prior to any attempt to interrogate or take a statement from a person who is arrested for an alleged violation of a criminal law of the state or any city ordinance.
History: L. 1972, ch. 341, § 1; L. 1973, ch. 364, § 1; L. 1993, ch. 223, § 5; July 1.
(a) All interpreters appointed under the provisions of this act shall be appointed by the judge if the appearance is before any court or by the chairman or presiding or executive officer of any board, commission or agency by which the proceeding involving the person is being conducted. The court or agency conducting the proceeding shall determine and fix a reasonable fee for the services of the interpreter and may provide for the payment of such costs out of funds appropriated for the operation of the courts and agencies. At no time shall the fees for interpreter services be assessed against the person whose primary language is one other than English or who is deaf, hard of hearing or speech impaired.
(b) Fees for interpreters paid by the state board of indigents' defense services shall be in accordance with standards adopted by such board.
History: L. 1972, ch. 341, § 2; L. 1973, ch. 364, § 2; L. 1982, ch. 364, § 1; L. 1982, ch. 142, § 28; L. 1993, ch. 223, § 7; July 1.
(a) No one shall be appointed to serve as an interpreter for a person pursuant to the provisions of K.S.A. 75-4351, and amendments thereto, if such interpreter is married to that person, related to that person within the first or second degrees of consanguinity, living with that person or is otherwise interested in the outcome of the proceeding, unless the appointing authority determines that no other qualified interpreter is available to serve.
(b) No person shall be appointed as an interpreter pursuant to the provisions of K.S.A. 75-4351, and amendments thereto, unless the appointing authority makes a preliminary determination that the interpreter is able to readily communicate with the person whose primary language is one other than English and is able to accurately repeat and translate the statement of such person.
(c) In appointing a qualified interpreter for a person whose primary language is other than English pursuant to the provisions of K.S.A. 75-4351 et seq., and amendments thereto, the appointing authority shall appoint: (A) A qualified interpreter who meets the following criteria; or (B) a qualified interpreter who is employed by a technology-based, telecommunications interpretation service available on a twenty-four hour basis who meets the following criteria:
(1) A general understanding of cultural concepts, usage and expressions of the foreign language being interpreted, including the foreign language's varieties, dialects and accents;
(2) the ability to interpret and translate in a manner which reflects the educational level and understanding of the person whose primary language is other than English;
(3) basic knowledge of legal rights of persons involved in law enforcement investigations, administrative matters and court proceedings and procedures, as the case may be; and
(4) sound skills in written and oral communication between English and the foreign language being translated, including the qualified interpreter's ability to translate complex questions, answers and concepts in a timely, coherent and accurate manner.
History: L. 1972, ch. 341, § 3; L. 1973, ch. 364, § 3; L. 1993, ch. 223, § 6; July 1.
(a) Every interpreter appointed pursuant to the provisions of K.S.A. 75-4351, and amendments thereto, before entering upon such interpreter's duties, shall take an oath that such interpreter will make a true interpretation in an understandable manner to the person for whom such interpreter is appointed, and that such interpreter will repeat the statements of such person in the English language to the best of such interpreter's skill and judgment.
(b) An interpreter who is employed to interpret, transliterate or relay a communication between a person who can speak English and a person whose primary language is one other than English is a conduit for the communication and may not disclose or be compelled to disclose, through reporting, testimony or by subpoena, the contents of the communication.
History: L. 1972, ch. 341, § 4; L. 1993, ch. 223, § 8; July 1.
This act shall not be construed to limit the inherent power of a court to appoint an interpreter in other cases.
History: L. 1972, ch. 341, § 5; July 1.
An interpreter registered with the Kansas commission for the deaf and hard of hearing shall be secured for any person who is deaf, hard of hearing or speech impaired in any grand jury, court or jury proceeding whether such person is a plaintiff, defendant, juror or witness in such action, and the interpreter shall interpret throughout the actual trial and during the time that the jury is sequestered or engaged in its deliberations.
History: L. 1993, ch. 223, § 1; L. 2022, ch. 50, § 8; July 1.
(a) All interpreters for the deaf, hard of hearing and individuals that have speech and language impairments, secured under the provisions of K.S.A. 75-4355a through 75-4355d, and amendments thereto, or in compliance with any state or federal law or rules and regulations, shall be registered with the Kansas commission for the deaf and hard of hearing or an agency designated by the commission. The chairperson of the governmental committee or commission, the head of the governmental agency or other entity, or the court is responsible for assuring the procurement of the interpreter.
(b) The commission shall recommend reasonable fees for the services of the interpreter. At no time shall the fees for interpreter services be assessed against the person who is deaf, hard of hearing or has speech and language impairments.
(c) No person shall serve as an interpreter if such interpreter is married to that person, related to that person or is otherwise interested in the outcome of the proceeding. Exceptions can be made in extreme conditions, subject to the approval of the commission.
(d) No person shall serve as an interpreter pursuant to K.S.A. 75-4355a through 75-4355d, and amendments thereto, unless the commission makes the determination that the person is qualified to interpret. The commission may designate the executive director of the commission or a local agency to make such determination and approval under the provisions of K.S.A. 75-4355a through 75-4355d, and amendments thereto. A person is qualified to interpret if such person is able to interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary.
(e) If preferred by the deaf, hard of hearing or speech impaired person and if feasible, other communication access services or other technology may be used in place of an interpreter.
History: L. 1993, ch. 223, § 2; L. 2022, ch. 50, § 9; July 1.
An interpreter who is employed to interpret, transliterate or relay a communication between a person who can hear and a person who is deaf, hard of hearing or speech impaired is a conduit for the communication and may not disclose or be compelled to disclose, through reporting, testimony or by subpoena, the contents of the communication.
History: L. 1993, ch. 223, § 3; July 1.
Any person shall have the right to enforce the provisions of K.S.A. 75-4355a through 75-4355d in the district court. Nothing in K.S.A. 75-4355a through 75-4355d shall be construed to limit or impair rights existing under any other state laws.
History: L. 1993, ch. 223, § 4; July 1.
History: L. 1972, ch. 324, §§ 1, 2; L. 1977, ch. 290, §§ 1, 2; Repealed, L. 1979, ch. 186, § 33; July 1.
History: L. 1977, ch. 290, § 5; Repealed, L. 1979, ch. 186, § 33; July 1.
History: L. 1972, ch. 324, § 3; L. 1977, ch. 290, § 3; L. 1978, ch. 67, § 11; L. 1979, ch. 52, § 194; Repealed, L. 1979, ch. 294, § 1; Repealed, L. 1979, ch. 186, § 33; July 1.
History: L. 1972, ch. 324, § 4; Repealed, L. 1979, ch. 186, § 33; July 1.
If the governor, the adjutant general, the superintendent of the highway patrol or any officer or trooper of the highway patrol, or agent of the Kansas bureau of investigation, or any person employed by the state correctional institutions in a correctional or supervisory or custodial capacity or any person formerly serving in such capacity is prosecuted by civil action for any act performed or committed by such person in the performance of duties imposed upon such person by law, and required in the enforcement of the laws of this state, all of the expenses of the defense of such actions, including attorney's fees, witnesses' fees for the defense, defendant's court costs and all costs for transcripts of records and abstracts thereof on appeal, shall be paid by the state during his or her term of office or employment, or after such term of office or employment if such action was based upon any act performed or committed by such person during such term of office or employment. The attorney general shall be first consulted in regards to the selection of the attorney for the defense of any such person, and shall have approval thereof, except that the attorney general may, if he or she sees fit, assume the responsibility for the defense of such person and may conduct the same personally or by one or more of his or her assistants. The expenses of such defense shall be paid by the attorney general from any moneys made available to the attorney general for such purpose upon vouchers approved by the attorney general and in accordance with the provisions of appropriation acts.
History: L. 1968, ch. 78, § 1; L. 1970, ch. 360, § 1; L. 1976, ch. 372, § 5; L. 1977, ch. 290, § 7; July 1.
History: L. 1977, ch. 290, § 4; Repealed, L. 1979, ch. 186, § 33; July 1.
(a) The director of the division of personnel services of the department of administration shall have the authority to establish and implement a drug screening program for persons taking office as governor, lieutenant governor, attorney general or members of the Kansas senate or house of representatives and for applicants for safety sensitive positions in state government, but no applicant for a safety sensitive position shall be required to submit to a test as a part of this program unless the applicant is first given a conditional offer of employment.
(b) The director also shall have the authority to establish and implement a drug screening program based upon a reasonable suspicion of illegal drug use by any person currently holding one of the following positions or offices:
(1) The office of governor, lieutenant governor or attorney general;
(2) members of the Kansas senate or house of representatives;
(3) any safety sensitive position;
(4) any position in an institution of mental health, as defined in K.S.A. 76-12a01, and amendments thereto, that is not a safety sensitive position;
(5) any position in the Kansas state school for the blind, as established under K.S.A. 76-1101 et seq., and amendments thereto; or
(6) any position in the Kansas state school for the deaf, as established under K.S.A. 76-1001 et seq., and amendments thereto.
(c) Any public announcement or advertisement soliciting applications for employment in a safety sensitive position in state government shall include a statement of the requirements of the drug screening program established under this section for applicants for and employees holding a safety sensitive position.
(d) Except for a person who has access to a secured biological laboratory in the office of laboratory services of the department of health and environment, no person shall be terminated solely due to positive results of a test administered as a part of a program authorized by this section if:
(1) The employee has not previously had a valid positive test result; and
(2) the employee undergoes a drug evaluation and successfully completes any education or treatment program recommended as a result of the evaluation. Nothing herein shall be construed as prohibiting demotions, suspensions or terminations pursuant to K.S.A. 75-2949e or 75-2949f, and amendments thereto.
(e) Except in hearings before the state civil service board regarding disciplinary action taken against the employee, the results of any test administered as a part of a program authorized by this section shall be confidential and shall not be disclosed publicly.
(f) The secretary of administration may adopt such rules and regulations as necessary to carry out the provisions of this section.
(g) "Safety sensitive positions" means the following:
(1) All state law enforcement officers who are authorized to carry firearms;
(2) all state corrections officers;
(3) all state parole officers;
(4) heads of state agencies who are appointed by the governor and employees on the governor's staff;
(5) all employees with access to secure facilities of a correctional institution, as defined in K.S.A. 21-5914, and amendments thereto;
(6) all employees of a juvenile correctional facility, as defined in K.S.A. 38-2302, and amendments thereto;
(7) all employees within an institution of mental health, as defined in K.S.A. 76-12a01, and amendments thereto, who provide clinical, therapeutic or habilitative services to the clients and patients of those institutions;
(8) all employees who have access to a secured biological laboratory in the office of laboratory services of the department of health and environment; and
(9) all employees of the Kansas office of veterans services.
History: L. 1988, ch. 325, § 1; L. 1990, ch. 309, § 43; L. 1998, ch. 187, § 15; L. 2002, ch. 111, § 1; L. 2006, ch. 169, § 124; L. 2011, ch. 30, § 275; L. 2013, ch. 80, § 5; L. 2013, ch. 133, § 30; L. 2014, ch. 83, § 35; L. 2018, ch. 86, § 5; L. 2024, ch. 84, § 48; July 1.
History: L. 1991, ch. 146, § 1; Repealed, L. 2002, ch. 111, § 2; July 1.
(a) This section shall be known and may be cited as the Kansas hero's scholarship act.
(b) As used in this section:
(1) "Accident" means an undesigned, sudden and unexpected traumatic event, usually of an afflictive or unfortunate nature and often, but not necessarily, accompanied by a manifestation of force. An "accident" shall be identifiable by the time and place of occurrence, produce at the time symptoms of an injury and occur during a single work shift. The "accident" shall be the prevailing factor in causing the injury.
(2) "Covered person" means a public safety officer or Kansas resident in military service to whom this section applies.
(3) "Dependent" means: (A) A birth child, adopted child or stepchild; or (B) any child other than the foregoing who is actually dependent in whole or in part on the individual and who is related to such individual by marriage or consanguinity.
(4) "Emergency medical service provider" means the same as defined in K.S.A. 65-6112, and amendments thereto.
(5) "Fees" means those charges required by an institution to be paid by every student as a condition of enrollment. "Fees" does not include all other charges associated with the student's academic program or living costs.
(6) "Firefighter" means a person who is: (A) Employed by any city, county, township or other political subdivision of the state and who is assigned to the fire department thereof and engaged in the fighting and extinguishment of fires and the protection of life and property therefrom; or (B) a volunteer member of a fire district, fire department or fire company.
(7) "Injured or disabled" means that the covered person, because of the injury or disability, has been rendered incapable of performing the duties of the following:
(A) The position being performed at the time the injury or disability was sustained; and
(B) any position that is at or above the pay level of the position the covered person was in at the time the injury or disability was sustained, if the covered person is a paid employee.
(8) "Injury" and "disability" mean any lesion or change in the physical structure of the body causing damage or harm thereto that is not transitory or minor. "Injury" and "disability" shall occur only by accident, intentional act of violence or repetitive trauma.
(9) (A) "Intentional act of violence" means one or a combination of the following:
(i) A deliberate act by a third party that results in inflicting harm on a covered person while such person is performing those duties; or
(ii) a deliberate act by a covered person in the reasonable performance of duties as a covered person that results in the infliction of harm on the covered person.
(B) An "intentional act of violence" shall be identifiable by the time and place of occurrence, produce at the time symptoms of an injury and occur during a single work shift. The "intentional act of violence" shall be the prevailing factor in causing the injury.
(C) "Intentional act of violence" does not include repetitive trauma in any form.
(10) "Kansas postsecondary educational institution" means and includes community colleges, the municipal university, state educational institutions, the institute of technology at Washburn university and technical colleges.
(11) "Law enforcement officer" means a person who by virtue of office or public employment is vested by law with a duty to maintain public order or to make arrests for violation of the laws of the state of Kansas or ordinances of any municipality thereof or with a duty to maintain or assert custody or supervision over persons accused or convicted of crime, and includes wardens, superintendents, directors, security personnel, officers and employees of adult and juvenile correctional institutions, jails or other institutions or facilities for the detention of persons accused or convicted of crime, while acting within the scope of their authority.
(12) "Military service" means any active service in any armed service of the United States and any active state or federal service in the Kansas army or air national guard.
(13) "Nature of the employment" means that, to the occupation, trade or employment in which the covered person was engaged, there is attached a particular and peculiar hazard of the injury or disability that distinguishes the performance of job duties from other occupations and employments and that creates a hazard of such injury or disability in excess of the hazard of the injury or disability in general.
(14) "Prisoner of war" means any person who was a resident of Kansas at the time the person entered service of the United States armed forces and who, while serving in the United States armed forces, has been declared to be a prisoner of war, as established by the United States secretary of defense, after January 1, 1960.
(15) "Public safety employee" means any employee of a law enforcement office, sheriff's department, municipal fire department, volunteer and non-volunteer fire protection association, emergency medical services provider or correctional institution of the department of corrections.
(16) "Public safety officer" means a law enforcement officer, a firefighter, an emergency medical service provider or a public safety employee.
(17) (A) "Repetitive trauma" means the cause of an injury that occurs as a result of repetitive use, cumulative traumas or microtraumas. The repetitive nature of the injury shall be demonstrated by diagnostic or clinical tests. The "repetitive trauma" shall be the prevailing factor in causing the injury.
(B) For purposes of the educational benefit conferred by this section, "repetitive trauma" includes only an injury arising out of the performing of duties and resulting from the nature of the employment in which a covered person was engaged and that was actually contracted while so engaged. The injury shall appear to have had its origin in a special risk of the injury connected with the particular type of employment and to have resulted from that source as a reasonable consequence of the risk. Ordinary injuries of life and conditions to which the general public is or could be exposed outside of the particular employment, and hazards of injuries and conditions attending employment in general, shall not qualify as "repetitive trauma."
(18) "Resident of Kansas" means a person who is a domiciliary resident as defined by K.S.A. 76-729, and amendments thereto.
(19) "Spouse" means the spouse of a public safety officer or member of the military service who has not remarried.
(20) "State board" means the state board of regents.
(c) (1) Up to the aggregate limit for such financial assistance established for each academic year by the state board of regents based on the annual appropriated amounts for the reimbursements paid pursuant to subsection (d), every Kansas postsecondary educational institution shall provide for enrollment without charge of tuition or fees for:
(A) Any eligible dependent or spouse of a public safety officer who:
(i) Was injured or disabled while performing duties as a public safety officer; or
(ii) died as the result of injury sustained while performing duties as a public safety officer;
(B) any dependent or spouse of any resident of Kansas who:
(i) Died while serving in military service;
(ii) sustained a service-connected injury or disability that rendered the servicemember incapable of continuing such servicemember's military service; or
(iii) is entitled to compensation from the United States department of veterans affairs for a service-connected disability of at least 80%; and
(C) any prisoner of war.
(2) Any such dependent or spouse and any prisoner of war shall be eligible for enrollment at a Kansas postsecondary educational institution without charge of tuition or fees for not to exceed 10 semesters of undergraduate instruction, or the equivalent thereof, at all such institutions.
(d) Subject to appropriations therefor, any Kansas postsecondary educational institution, at which enrollment, without charge of tuition or fees, of a prisoner of war or a dependent or spouse is provided for under subsection (c), may file a claim with the state board for reimbursement of the amount of such tuition and fees. The state board shall include in its budget estimates pursuant to K.S.A. 75-3717, and amendments thereto, a request for appropriations to cover tuition and fee claims pursuant to this section. The state board shall be responsible for payment of reimbursements to Kansas postsecondary educational institutions upon certification by each such institution of the amount of reimbursement to which such institution is entitled. Payments to Kansas postsecondary educational institutions shall be made upon vouchers approved by the state board, or the state board's designee, and upon warrants of the director of accounts and reports. Payments may be made by issuance of a single warrant to each Kansas postsecondary educational institution at which one or more eligible dependents or spouses or prisoners of war are enrolled for the total amount of tuition and fees not charged for enrollment at that institution. The director of accounts and reports shall cause such warrant to be delivered to the Kansas postsecondary educational institution at which any such eligible dependents or spouses or prisoners of war are enrolled. If an eligible dependent or spouse or prisoner of war discontinues attendance before the end of any semester, after the Kansas postsecondary educational institution has received payment under this subsection, such institution shall pay to the state the entire amount that such eligible dependent or spouse or prisoner of war would otherwise qualify to have refunded, not to exceed the amount of the payment made by the state in behalf of such dependent or spouse or prisoner of war for the semester. All amounts paid to the state by Kansas postsecondary educational institutions under this subsection shall be deposited in the state treasury and credited to the state general fund.
(e) The state board shall adopt rules and regulations for administration of the provisions of this section and shall determine the qualification of persons as dependents and spouses of public safety officers or United States military personnel and the eligibility of such persons for the benefits provided for under this section.
History: L. 1996, ch. 165, § 1; L. 2001, ch. 210, § 1; L. 2003, ch. 134, § 4; L. 2005, ch. 120, § 1; L. 2010, ch. 119, § 19; L. 2011, ch. 97, § 43; L. 2019, ch. 64, § 36; L. 2021, ch. 85, § 2; L. 2022, ch. 94, § 34; L. 2024, ch. 82, § 24; May 2.
(a) In establishing certified pools of eligible candidates under the Kansas civil service act, a preference shall be given to each state officer or employee who (1) (A) is in the classified service under the Kansas civil service act and 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 (B) is laid off from employment with such institution for the reason of such closure, abolition or cessation of operations or such imposition of a budget reduction, and (C) remains in such employment until the date the officer or employee is laid off or (2) (A) is in the classified service under the Kansas civil service act and is laid off from employment at the Topeka correctional facility due to the transfer of the reception and diagnostic unit from the Topeka correctional facility to the El Dorado correctional facility, and (B) remains in such employment until the date the officer or employee is laid off.
(b) To qualify for the preference established by this section, a person described in subsection (a) also shall meet the requirements for the vacant position. In addition to other applicable provisions of the Kansas civil service act and rules and regulations and policies adopted thereunder, the preference established by this section (1) shall place the person into the reemployment pool, (2) shall provide an opportunity for an interview for any vacant position in the same or higher pay grade than the position from which the person was laid off and for which the person meets the qualifications, and (3) shall grant a right of first refusal for any vacant position. No state agency shall be required to interview more than seven applicants for any one position. The right of first refusal shall allow the person the right to accept the first position applied for by the person for which the person meets the qualifications and for which the pay grade is the same as or lower than the pay grade of the position from which the person was laid off. The right of first refusal may be exercised only one time and must be exercised within the 24 months following the date of layoff.
(c) The secretary of administration shall give a global notice of layoff to all state officers and employees, who are employed by an institution that is scheduled for closure, abolition or cessation of operations, up to 180 days prior to such closure, abolition or cessation of operations. The global notice of layoff shall be effective for all such state officers and employees, including any state officer or employee who is transferred to or employed by such institution within 180 days of the date of such closure, abolition or cessation of operations, for all purposes of lay off procedures under K.S.A. 75-2948, and amendments thereto, except each such officer or employee receiving the global notice of layoff shall also be given an individual notice of layoff which specifies such officer or employee's individual date of layoff.
(d) Notice of layoff pursuant to K.S.A. 75-2948, and amendments thereto, shall be given to state officers and employees whose proposed layoff is caused by the transfer of the reception and diagnostic unit from the Topeka correctional facility to the El Dorado correctional facility.
(e) The secretary of administration shall adopt rules and regulations necessary to implement the provisions of this section.
(f) This section shall be part of and supplemental to the Kansas civil service act.
History: L. 1996, ch. 255, § 1; L. 2000, ch. 152, § 28; May 25.
(a) Each state officer or employee who (1) (A) 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 (B) is laid off from employment with such institution for the reason of such closure, abolition or cessation of operations or such imposition of a budget reduction, and (C) remains in such employment until the date the officer or employee is laid off; or (2) (A) is in the classified service under the Kansas civil service act and is laid off from employment at the Topeka correctional facility due to the transfer of the reception and diagnostic unit from the Topeka correctional facility to the El Dorado correctional facility, and (B) remains in such employment until the date the officer or employee is laid off, may receive compensation for 20% of all accumulated hours of sick leave credited to such state officer or employee as of the date of being laid off. Each state officer or employee, who is eligible for and who elects to receive compensation for accumulated sick leave under this section, shall file a written statement of election therefor which shall be in such form as may be prescribed by the secretary of administration and which shall include a specific waiver of any right to receive any payment for accumulated sick leave under the provisions of K.S.A. 75-5517, and amendments thereto. No state officer or employee, who receives compensation for accumulated sick leave under this section, shall receive any payment for accumulated sick leave under the provisions of K.S.A. 75-5517, and amendments thereto. Payment for accumulated sick leave under this section shall be made from the state leave payment reserve fund.
(b) For the purposes of retirement employee contributions and retirement benefits, each payment of compensation for accumulated sick leave under this section shall be subject to the applicable provisions of the statutes governing the Kansas public employees retirement system, K.S.A. 74-4901 et seq., and amendments thereto.
(c) The secretary of administration shall adopt rules and regulations necessary to implement the provisions of this section.
History: L. 1996, ch. 255, § 2; L. 2000, ch. 152, § 29; May 25.
(a) Each state officer or employee who (1) (A) 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 (B) is laid off from employment with such institution for the reason of such closure, abolition or cessation of operations or such imposition of a budget reduction, and (C) remains in such employment until the date the officer or employee is laid off; or (2) (A) who is in the classified service under the Kansas civil service act and is laid off from employment at the Topeka correctional facility due to the transfer of the reception and diagnostic unit from the Topeka correctional facility to the El Dorado correctional facility, and (B) remains in such employment until the date the officer or employee is laid off, shall continue to be qualified to participate in the state health care benefits program as provided in this section.
(b) In accordance with the following, each such state officer or employee may participate in the state health care benefits program after being laid off for the following periods:
(1) For the six-month period after the date of such person's layoff, during which period that portion of the cost of participation of such person which would have been paid by the state agency if such person was still a state officer or employee shall be paid as provided in subsection (c); and
(2) for the eighteen-month period after such six-month period, during which period the entire cost of participation of such person shall be paid by such person.
(c) There is hereby established the closure health insurance fund in the state treasury which shall be administered by the secretary of administration. In accordance with the provisions of appropriation acts, the secretary of administration shall cause to be deposited in the closure health insurance fund an amount equal to the full cost for six months of the employer contribution for full-time single member health care insurance under the state health care benefits program for each such laid off state officer and employee on the officer or employee's last day of service. Expenditures shall be made from the closure health insurance fund for the purpose of paying the employer's portion for full-time single member health insurance under the state health care benefits program for each such laid off state officer or employee until the expiration of six months or until notified by the laid off officer or employee that such officer or employee is otherwise covered by health care insurance. The secretary of administration shall establish a system to account for the state health insurance expenditures for each such laid off state officer or employee. Upon notice that the person who had been laid off is otherwise covered by health care insurance, the balance attributed to such person shall be paid to the person who had been laid off. After such six-month period, any participation by such person in the state health care benefits program shall be paid by such person.
(d) Except as otherwise provided by this section, the participation of each such state officer or employee in the state health care benefits program shall be in accordance with the provisions of K.S.A. 75-6501 through 75-6513, and amendments thereto, and rules and regulations and policies adopted by the Kansas state employees health care commission. Each such state officer or employee may obtain family coverage under the state health care benefits program administered by the Kansas state employees health care commission generally in the same manner as other state officers and employees and shall pay the entire cost of such family coverage.
History: L. 1996, ch. 255, § 3; L. 2000, ch. 152, § 30; May 25.
(a) Each state officer or employee who (1) (A) 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 (B) is laid off from employment with such institution for the reason of such closure, abolition or cessation of operations or such imposition of a budget reduction, and (C) remains in such employment until the date the officer or employee is laid off; or (2) (A) is in the classified service under the Kansas civil service act and who is laid off from employment at the Topeka correctional facility due to the transfer of the reception and diagnostic unit from the Topeka correctional facility to the El Dorado correctional facility, and (B) remains in such employment until the date of [the] officer or employee is laid off, shall be eligible for the extended death benefit plan providing term life insurance under this section.
(b) The extended death benefit plan providing term life insurance under this section shall provide a death benefit equal to 150% of the annual rate of compensation of the covered state officer or employee, as of the date the covered state officer or employee is laid off, for each state officer or employee described in subsection (a). The extended death benefit plan providing term life insurance under this section shall provide death benefit coverage for a period of 24 months after the date the covered state officer or employee is laid off.
(c) The secretary of administration shall administer the provisions of this section. The secretary of administration shall issue a request for proposals from qualified vendors for term life insurance under this section and is hereby authorized to enter into contracts for such term life insurance pursuant to competitive bids. Contracts entered into for such insurance shall not be subject to the provisions of K.S.A. 75-4101, and amendments thereto.
(d) There is hereby created in the state treasury the closure term life insurance fund which shall be administered by the secretary of administration. All expenditures of moneys credited to the closure term life insurance fund shall be for the provision of term life insurance under this section in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of administration or the secretary's designee.
History: L. 1996, ch. 255, § 4; L. 2000, ch. 152, § 32; May 25.
(a) The head of any state agency, as defined by K.S.A. 75-3701, and amendments thereto, who hires any state officer or employee who is laid off or transferred in lieu of layoff between state agencies, may agree to reimburse such officer or employee's in-state moving expenses in an aggregate amount of not more than $2,000, as verified by receipts. No such moving expenses shall be paid when such transfer results in the new official duty station being less than 25 miles from the old station.
(b) Moving expenses may include, but not be limited to, the cost of packing and transporting household goods and personal effects, subsistence expenses while en route from the old residence to the new residence, subsistence expenses while occupying temporary quarters in the new location and the expenses of a premove trip to look for a new residence.
(c) Any state agency, as defined by K.S.A. 75-3701, and amendments thereto, which hires any state officer or employee, who is a blind person employed at Kansas industries for the blind at facilities on the Topeka state hospital property and who is laid off or transferred between state agencies, in lieu of being laid off, shall purchase or otherwise provide all adaptive equipment and other accommodations required by such state officer or employer [employee] for such state officer or employee's position at such state agency.
(d) As used in this section, "state officer or employee" means a state officer or employee who (1) (A) 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 (B) is laid off from employment with such institution for the reason of such closure, abolition or cessation of operations, and (C) remains in such employment with such institution until the date the officer or employee is laid off; or (2) (A) is in the classified service under the Kansas civil service act and is laid off from employment at the Topeka correctional facility due to the transfer of the reception and diagnostic unit from the Topeka correctional facility to the El Dorado correctional facility, and (B) remains in such employment until the date the officer or employee is laid off.
History: L. 1996, ch. 255, § 5; L. 2000, ch. 152, § 33; May 25.
(a) Each state officer or employee: (1) 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 (2) who is a direct care employee as defined by this section; and (3) who is laid off from employment with such institution for the reason of such closure, abolition, or cessation of operations or such imposition of a budget reduction; and (4) who remains in such employment until the date the employee is laid off, shall receive compensation from the Kansas department for aging and disability services for the following:
(A) Forty hours of pay at the state officer or employee's regular hourly rate of pay on the date the employee is laid off if such employee has completed one full year of service but less than two full years of service on the layoff date;
(B) eighty hours of pay at the state officer or employee's regular hourly rate of pay on the date the employee is laid off if such employee has completed two full years of service but less than three full years of service on the layoff date;
(C) one hundred twenty hours of pay at the state officer or employee's regular hourly rate of pay on the date the employee is laid off if such employee has completed three full years of service but less than four full years of service on the layoff date; or
(D) one hundred sixty hours of pay at the state officer or employee's regular hourly rate of pay on the date the employee is laid off if the employee has completed four full years of service or more on the layoff date.
(b) As used in this section, "direct care employee" means state officers or employees in the classified service under the Kansas civil service act who: (1) Are exempt from the provisions of K.S.A. 75-6801, and amendments thereto, as prescribed in policies and procedures prescribed by the secretary of administration, including, but not limited to, state officers and employees whose positions are in the following job class series: (A) Activity therapist, (B) activity therapy technician, (C) licensed mental health technician, (D) licensed mental health technician specialist, (E) licensed practical nurse, (F) licensed practical nurse, senior, (G) mental health aide, (H) radiologic technologist, (I) registered nurse, (J) activity specialist, (K) intellectual disability specialist, (L) intellectual disability technician, and (M) intellectual disability trainee; or
(2) are in positions that are assigned to job classes or job class series that are designated as direct care employee job classes or job class series by the secretary for aging and disability services for purposes of this section.
History: L. 1996, ch. 255, § 6; L. 2012, ch. 91, § 60; L. 2014, ch. 115, § 340; July 1.
As used in K.S.A. 75-4370 through 75-4376, and amendments thereto, except as otherwise specifically provided in such statutes:
(a) "Institution" means the Kansas industries for the blind of the Kansas department for children and families;
(b) "laid off" means: (1) 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 (2) 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 a budget reduction or expenditure authority reduction and a reduction of F.T.E. positions under K.S.A. 75-6801, and amendments thereto.
History: L. 1996, ch. 255, § 7; L. 2000, ch. 152, § 34; L. 2014, ch. 115, § 341; July 1.
Notwithstanding the provisions of K.S.A. 75-4321 et seq., and amendments thereto, the secretary of administration may adopt, amend and implement personnel rules and regulations that relate to matters covered by memoranda of agreement entered into by state agencies and public employee organizations under K.S.A. 75-4320 et seq., and amendments thereto as deemed necessary by the secretary for purposes of implementing the provisions included in K.S.A. 75-4370 through 75-4376 and amendments thereto. Before adopting any such rules and regulations, the secretary of administration shall give a copy of the proposed rules and regulations and a notice of meeting to each employee organization certified by the public employee relations board to represent one or more units of state employees. Notwithstanding the provisions of K.S.A. 75-4321 et seq., and amendments thereto, after such meeting the secretary shall consider the comments from employee organizations and may thereafter adopt and implement the rules and regulations as proposed or revised, subject to the approval of the governor. The notice, comment and hearing requirements of K.S.A. 77-421 and amendments thereto shall constitute compliance with the meet and confer requirements of K.S.A. 75-4321 et seq., and amendments thereto for the purposes of implementing the provisions included in K.S.A. 75-4370 through 75-4376 and amendments thereto.
History: L. 1996, ch. 255, § 8; July 1.
The secretary for children and families is hereby authorized and directed to develop and administer provisions for health care benefits and related assistance which shall be provided to each person who is a blind person who was employed prior to the effective date of this act at Kansas industries for the blind at facilities on the Topeka state hospital property, as defined by K.S.A. 75-37,123, and amendments thereto, and who voluntarily terminates or retires or who is laid off from such employment due to the closure, abolition or other cessation of operations of the Kansas industries for the blind as a state program at such location.
History: L. 2000, ch. 152, § 31; L. 2014, ch. 115, § 342; July 1.
(a) (1) A hiring agency shall require each applicant interviewed by such agency for a law enforcement officer position who has submitted an application for a law enforcement officer position with or been employed in a law enforcement position by another state or local law enforcement agency or governmental agency to execute a written waiver that:
(A) Explicitly authorizes each state or local law enforcement agency or governmental agency that has employed the applicant in a law enforcement position, received an application from the applicant for a law enforcement position or conducted an employment background investigation on the applicant to disclose the applicant's files to the hiring agency; and
(B) releases the hiring agency and each state or local law enforcement agency or governmental agency described in subparagraph (A) from any liability related to the use and disclosure of the applicant's files.
(2) An applicant who refuses to execute the written waiver shall not be considered for employment by the hiring agency.
(3) The hiring agency shall include the written waiver with each request for information submitted to a state or local law enforcement agency or governmental agency.
(b) Except as provided in subsection (c), a state or local law enforcement agency or governmental agency that receives a written waiver described in subsection (a) shall disclose the applicant's files to the hiring agency not more than 21 days after such receipt. Such law enforcement agency or governmental agency may choose to disclose the applicant's files by either:
(1) Providing copies to the hiring agency; or
(2) allowing the hiring agency to review the files at the law enforcement agency's office or governmental agency's office.
(c) (1) A state or local law enforcement agency or governmental agency is not required to disclose the applicant's files pursuant to subsection (b) if such agency is prohibited from providing the files pursuant to a binding nondisclosure agreement to which such agency is a party, and such agreement was executed before July 1, 2018.
(2) A state or local law enforcement agency or governmental agency is required to disclose the applicant's files pursuant to subsection (b) if such files are subject to a binding nondisclosure agreement to which such agency is a party, and such agreement was executed on or after July 1, 2018, but the disclosure shall be limited to files necessary to determine the qualifications and fitness of the applicant for performance of duties in a law enforcement officer position.
(3) A state or local law enforcement agency or governmental agency may redact personally identifiable information of persons other than the applicant in files disclosed to the hiring agency.
(d) A state or local law enforcement agency or governmental agency shall not be liable for complying with the provisions of this section in good faith or participating in an official oral interview with an investigator regarding the applicant.
(e) Except as provided in subsection (f), or except as necessary for such agency's internal hiring processes, files obtained pursuant to this section shall not be disclosed by the hiring agency.
(f) Files obtained pursuant to this section shall constitute, for the purposes of the open records act, a record of the state or local law enforcement agency or governmental agency that made, maintained or kept such files. Such files shall not be subject to a request for inspection and copying under the open records act directed toward the hiring agency obtaining the files. The official custodian of such files, for the purposes of the open records act, shall be the official custodian of the records of such state or local law enforcement agency or governmental agency. Except in a civil action involving negligent hiring, such files shall not be subject to discovery, subpoena or other process directed toward the hiring agency obtaining the files.
(g) As used in this section:
(1) (A) "Files" means:
(i) All performance reviews or other files related to job performance, commendations, administrative files, grievances, previous personnel applications, personnel-related claims, disciplinary actions, internal investigation files, suspensions, investigation-related leave, documents concerning termination or other departure from employment, all complaints and all early warning information; and
(ii) regardless of whether the applicant was ultimately hired, the employment application, background investigations, polygraph or voice stress analysis examination results and law enforcement-related psychological evaluation reports connected to the application process.
(B) "Files" does not include nonperformance documents or data, including, but not limited to, medical files, psychological examination reports not directly related to the applicant's suitability for law enforcement employment or certification, schedules, pay and benefit information or similar administrative data or information.
(2) "Early warning information" means information from a database management tool designed to identify officers who may be exhibiting precursors of problems on the job that can result in providing those officers with counseling or training to divert them away from conduct that may become a disciplinary matter.
(3) "Governmental agency" means the state or subdivision of the state with oversight of the state or local law enforcement agency.
(4) "Hiring agency" means a state or local law enforcement agency processing an application for employment, regardless of whether the applicant is ultimately hired.
(5) "State or local law enforcement agency" means any public agency employing a law enforcement officer as defined in K.S.A. 74-5602, and amendments thereto.
History: L. 2018, ch. 93, § 1; L. 2023, ch. 63, § 1; July 1.
(a) The provisions of K.S.A. 2025 Supp. 75-4380 through 75-4383, and amendments thereto, shall be known and may be cited as the fostering competitive career opportunities act.
(b) The fostering competitive career opportunities act removes unnecessary postsecondary degree requirements from hiring considerations for state employment positions. Many such positions have experienced a phenomenon called degree inflation as more employers rely on a postsecondary degree as an indicator of career readiness, instead of using relevant work experience. These requirements limit opportunities for hard-working Americans and encourage unnecessary student debt. This act does not apply to positions for which a postsecondary degree is a justifiable necessity.
History: L. 2025, ch. 12, § 1; July 1.
As used in K.S.A. 2025 Supp. 75-4380 through 75-4383, and amendments thereto:
(a) "Applicant" means any individual seeking gainful employment from a state employer;
(b) "baseline requirement" means the minimum skills, prior training or prior experience necessary to perform the primary duties of a position;
(c) "postsecondary degree" means an associate's, bachelor's or graduate degree from an accredited postsecondary educational institution;
(d) "direct experience" means any verifiable, previous work experience during which:
(1) The applicant's primary duties were consistent with the primary duties of the position currently sought; or
(2) the skills necessary to perform the applicant's primary duties are transferable to the position currently sought;
(e) "hiring consideration" means:
(1) A decision to move an applicant on to a subsequent round in the hiring process;
(2) a decision to include the applicant on a list of applicants for consideration by another member of the employer's team;
(3) a decision to offer an applicant an interview for a position;
(4) a decision to promote, retain, increase compensation or provide some other benefit to an employee of the state employer;
(5) an interview conducted in good faith between the state employer and the applicant; or
(6) a decision to make a final offer of employment; and
(f) "state employer" means any state office or officer, department, board, commission, institution, bureau, society or any agency, division or unit within any state office, department, board, commission or other state authority. "State employer" does not include any state office or officer, department, board, commission, institution, bureau or society in the legislative or judicial branches of government.
History: L. 2025, ch. 12, § 2; July 1.
(a) For all hiring considerations, a state employer shall not make any decision based solely on an applicant's lack of a postsecondary degree.
(b) State employers shall determine the baseline requirements for applicants for each job posting. Baseline requirements may include prior direct experience, specific certifications or specific courses of instruction, but shall not include a postsecondary degree requirement except as provided in subsection (c). In all hiring considerations, no state employer shall impose any additional requirements on applicants for a job posting that exceed the baseline requirements.
(c) State employers may require a postsecondary degree for a position if the state employer demonstrates that such degree is necessary for the position based on specific skills required for the position that can only be obtained through the attainment of a degree. For any job posting that requires a postsecondary degree, a state employer shall include information in such job posting substantiating the necessity of the specific postsecondary degree required. Such information shall demonstrate that the postsecondary degree is the only possible measure to determine if an applicant possesses the specific skills required for the position or that the position requires accreditation or licensure that is only available to holders of specific postsecondary degrees.
(d) Each job posting shall include any tests, training, apprenticeships or other forms of assessment that may validate the competencies of a candidate for such position.
(e) For any position in which direct experience may be considered in lieu of a postsecondary degree, the state employer shall not require more years of direct experience than:
(1) Two years for an associate's degree;
(2) four years for a bachelor's degree;
(3) six years for a master's degree;
(4) seven years for a professional degree; or
(5) nine years for a doctoral degree.
(f) Nothing in this section shall apply to any position that is filled by political appointment.
History: L. 2025, ch. 12, § 3; July 1.
Any state employer that issues a request for proposal or other solicitation for any goods or services shall not require any minimum experience or postsecondary educational attainment for any contractor personnel as a prerequisite for consideration for an award of a contract unless the state employer includes in the request for proposal or solicitation a statement describing why the needs of the state employer cannot be met without such requirement and how such requirement ensures that such needs will be met.
History: L. 2025, ch. 12, § 4; July 1.
The state of Kansas recognizes that intergovernmental cooperation is an essential factor in resolving problems affecting this state and that the interchange of personnel between and among governmental agencies at the same or different levels of government is a significant factor in achieving such cooperation.
History: L. 1969, ch. 82, § 1; April 21.
For the purposes of this act:
(a) "Sending agency" means any department or agency of the federal government or a state or local government which sends any employee thereof to another government agency under this act.
(b) "Receiving agency" means any department or agency of the federal government or a state or local government which receives an employee of another government under this act.
History: L. 1969, ch. 82, § 2; April 21.
(a) Any department, agency or instrumentality of the state, county, city, municipality, or college or university operated by the state or any local government is authorized to participate in a program of interchange of employees with departments, agencies or instrumentalities of the federal government, another state or locality, or other agencies, municipalities, or instrumentalities of this state as a sending and/or receiving agency.
(b) The period of individual assignment or detail under an interchange program shall not exceed two years. However, the sending agency may extend the period of assignment for not more than two additional years. Details relating to any matter covered in this act may be the subject of an agreement between the sending and receiving agencies. Elected officials shall not be assigned from a sending agency nor detailed to a receiving agency.
History: L. 1969, ch. 82, § 3; April 21.
(a) Employees of a sending agency participating in an exchange of personnel as authorized in K.S.A. 75-4403 may be considered during such participation to be (1) on detail to regular work assignments of the sending agency, or (2) in a status of leave of absence from their positions in the sending agency.
(b) Employees who are on detail shall be entitled to the same salary and benefits to which they would otherwise be entitled and shall remain employees of the sending agency for all other purposes except that the supervision of their duties during the period of detail may be governed by agreement between the sending agency and the receiving agency.
(c) Employees who are in a leave of absence status as provided herein shall be carried on leave without pay: Provided, That they may be granted annual leave or other time off with pay to the extent authorized by law applicable to the sending agency. Except as otherwise provided in this act, employees who are in a leave of absence status shall have the same rights, benefits, and obligations as employees generally who are in such leave status but notwithstanding any other provision of law such employees may be entitled to credit the period of such assignment toward benefits as employees of the sending agency.
(d) Any employee who participates in an exchange under the terms of this section who suffers disability or death as a result of personal injury arising out of and in the course of an exchange, or sustained in performance of duties in connection therewith, shall be treated, for the purposes of the sending agency's employee compensation program, as an employee, as defined in such act, who has sustained such injury in the performance of such duty, but shall not receive benefits under that act for any period for which he or she is entitled to and elects to receive similar benefits under the receiving agency's employee compensation program.
History: L. 1969, ch. 82, § 4; April 21.
A sending agency in this state may, in accordance with the travel regulations of such agency, pay the travel expenses of employees assigned to a receiving agency on either a detail or leave basis, but shall not pay the travel expenses of such employees incurred in connection with their work assignments at the receiving agency. If the assignment or detail will be for a period of time exceeding eight months, travel expenses may include expenses of transportation of immediate family, household goods and personal effects to and from the location of the receiving agency. If the period of assignment is less than eight months, the sending agency may pay a per diem allowance to the employee on assignment or detail.
History: L. 1969, ch. 82, § 5; April 21.
(a) When any unit of government of this state acts as a receiving agency, employees of the sending agency who are assigned under authority of this act may (1) be given appointments in the receiving agency covering the periods of such assignments, with compensation to be paid from receiving agency funds or without compensation, or (2) be considered to be on detail to the receiving agency.
(b) Appointments of persons so assigned may be made without regard to the laws or regulations governing the selection of employees of the receiving agency.
(c) Employees who are detailed to the receiving agency shall not by virtue of such detail be considered to be employees thereof, except as provided in subsection (d), nor shall they be paid a salary or wage by the receiving agency during the period of their detail. The supervision of the duties of such employees during the period of detail may be governed by agreement between the sending agency and the receiving agency.
(d) Any employee of a sending agency assigned in this state who suffers disability or death as a result of personal injury arising out of and in the course of such assignment, or sustained in the performance of duties in connection therewith, shall be treated for the purpose of receiving agency's employee compensation program, as an employee, as defined in such act, who has sustained such injury in the performance of such duty, but shall not receive benefits under that act for any period for which he or she elects to receive similar benefits as an employee under the sending agency's employee compensation program.
History: L. 1969, ch. 82, § 6; April 21.
A receiving agency in this state may, in accordance with the travel regulations of such agency, pay travel expenses of persons assigned thereto under this act during the period of such assignments on the same basis as if they were regular employees of the receiving agency.
History: L. 1969, ch. 82, § 7; April 21.
The department of administration is hereby directed to explore means of implementing this act and to assist departments, agencies and instrumentalities of the state and its political subdivisions in participating in employee interchange programs.
History: L. 1969, ch. 82, § 8; April 21.
History: L. 1972, ch. 332, § 17; Repealed, L. 1976, ch. 387, § 9; July 1.
History: L. 1965, ch. 461, § 5; L. 1972, ch. 332, § 84; L. 1973, ch. 365, § 2; Repealed, L. 1976, ch. 387, § 9; July 1.
(a) There is hereby created the capitol police which shall be under the supervision and management of the superintendent of the highway patrol.
(b) Members of the capitol police shall have statewide law enforcement powers and authority anywhere within this state irrespective of county lines.
(c) All persons arrested by a member of the capitol police shall be turned over to the sheriff of the county in which the arrest occurs, to be dealt with in the same manner as other persons turned over to such sheriff, except in cases of violation of the ordinances of the city of Topeka, any such person may be turned over to the police department of the city of Topeka to be dealt with by it in the same manner as other persons arrested by police officers of the Topeka police department.
History: L. 1955, ch. 364, § 6; L. 1965, ch. 461, § 21; L. 1972, ch. 332, § 88; L. 1976, ch. 394, § 5; L. 1982, ch. 365, § 1; L. 1990, ch. 309, § 44; L. 1991, ch. 263, § 1; L. 1992, ch. 116, § 44; L. 1995, ch. 187, § 3; L. 2001, ch. 86, § 9; L. 2004, ch. 119, § 1; L. 2006, ch. 107, § 6; July 1.
Effective July 1, 1976, officers and employees who were engaged immediately prior to said date in the performance of powers, duties and functions of the capitol police, and who, in the opinion of the superintendent of the highway patrol are necessary to perform the powers, duties, and functions of the capitol police shall become officers and employees thereof under the provisions of K.S.A. 75-4503, and amendments thereto, and shall retain all retirement benefits and all rights of civil service which such officer or employee had before July 1, 1976, 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. The superintendent of the highway patrol for the capitol police shall succeed to all property and records which were used for, or pertain to, the performance of the powers, duties and functions of the capitol police. Any conflict as to the proper disposition of such property or records arising under this section, and resulting from the transfer of all or part of the powers, duties and functions of the capitol police shall be determined by the governor, whose decision shall be final.
History: L. 1976, ch. 394, § 8; L. 2006, ch. 107, § 7; July 1.
The superintendent of the highway patrol shall prescribe the style, material and the color of uniforms and the design of badges and the state shall furnish a uniform and badge of office to be worn by all members of the capitol police.
History: L. 1965, ch. 461, § 25; L. 1972, ch. 332, § 86; L. 1976, ch. 394, § 6; L. 2006, ch. 107, § 8; July 1.
The secretary of administration shall adopt rules and regulations as provided in K.S.A. 75-3706, governing and regulating the conduct of persons on or about any state owned property in Shawnee county, Kansas, designated by such rules and regulations, except properties specified as exceptions in K.S.A. 75-4503.
History: L. 1955, ch. 364, § 7; L. 1965, ch. 461, § 22; L. 1972, ch. 332, § 89; L. 1976, ch. 394, § 7; July 1.
No motor vehicle, whether privately or publicly owned, may be parked upon parking lots, facilities or drives of any state owned or operated property or building in Shawnee county, Kansas, except as authorized under rules and regulations adopted by the secretary of administration as provided in K.S.A. 75-3706, and amendments thereto, or in the case of the statehouse grounds, in accordance with signs posted by the capitol police. Such rules and regulations may fix and provide for collection of rents, charges or fees and administrative fines and procedures for violation of such rules and regulations to be imposed in connection with and for the use of the parking facilities so owned and operated, and the secretary of administration may enter into any contract or contracts therefor with any state officer or employee or with any board, commission, agency or instrumentality of the state of Kansas. The secretary of administration may design and issue parking permits or other forms of authorization to facilitate the best use of any such parking lots, facilities or drives. Parking permits to park on the statehouse grounds shall be designed and issued in accordance with rules or instructions of the legislative coordinating council. Notwithstanding the foregoing provisions of this section, the secretary of administration shall provide not less than 140 parking spaces to meet the needs of the legislative branch and whenever the legislative coordinating council shall determine that additional parking spaces are necessary the secretary of administration shall provide such number of additional parking spaces as may be specified by the legislative coordinating council.
History: L. 1955, ch. 376, § 1; L. 1965, ch. 461, § 17; L. 1972, ch. 332, § 91; L. 1973, ch. 65, § 3; L. 1975, ch. 456, § 2; L. 1976, ch. 394, § 4; L. 2002, ch. 200, § 1; L. 2006, ch. 107, § 9; July 1.
All rules and regulations heretofore adopted by the state office building commission, the executive council, the state architect or the executive director of the state department of administration to regulate the parking of motor vehicles upon lots, facilities, or drives of the state owned property in Shawnee county, Kansas, shall continue to be in full force and effect as rules and regulations of the secretary of administration until amended, revised, revoked or nullified pursuant to law. The secretary of administration shall adopt rules and regulations, as provided in K.S.A. 75-3706, relating to parking of vehicles on property specified in K.S.A. 75-4503, subject to the conditions of said 75-4503.
History: L. 1965, ch. 461, § 24; L. 1972, ch. 332, § 85; July 1.
(a) Except as provided in subsection (b), any person who shall violate any of the provisions of K.S.A. 75-4505, 75-4506 or 75-4507, and amendments thereto, or any rule or regulation made thereunder shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $25 or by imprisonment in the county jail for not more than 30 days or by both such fine and imprisonment.
(b) (1) The secretary of administration is authorized to adopt rules and regulations establishing administrative fines for parking violations in areas where a fee for parking is assessed, except that this subsection shall not apply to parking on the statehouse grounds. Persons paying any such fine shall not be subject to prosecution pursuant to subsection (a) relating to such offense. The secretary of administration shall assign responsibility for enforcement of parking violations under this subsection to the capitol police, the department of administration or other personnel designated by the secretary.
(2) Any administrative fines received under this subsection (b) shall be remitted by the secretary of administration 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. 1955, ch. 364, § 5; L. 1972, ch. 332, § 87; L. 2002, ch. 200, § 2; L. 2006, ch. 107, § 10; July 1.
Except in cases of violation of the ordinances of the city of Topeka, all prosecutions commenced for any violation by a person arrested by a member of the capitol police shall be brought in the district court of Shawnee county and said court shall proceed in any such case in the same manner as it would in any other criminal matter over which it has jurisdiction. All prosecutions for violations of ordinances of the city of Topeka, shall be prosecuted in the municipal court of Topeka by the city attorney of Topeka.
History: L. 1955, ch. 364, § 8; L. 1972, ch. 332, § 90; L. 1977, ch. 105, § 25; L. 2006, ch. 107, § 11; July 1.
Any motor vehicle parked in violation of K.S.A. 75-4510a shall be deemed a common nuisance and the attorney general shall provide for the abatement of such nuisance and for the removal and impounding of such vehicle. The cost of such abating by removal and impounding shall be a lien against the motor vehicle until paid by the owner or his or her representative.
History: L. 1955, ch. 376, § 3; L. 1965, ch. 461, § 19; L. 1972, ch. 332, § 92; L. 1973, ch. 365, § 4; April 9.
Unlawful statehouse parking is parking a vehicle within the statehouse grounds bounded by 8th street, 10th street, Jackson street and Harrison street in the city of Topeka, Kansas:
(a) Contrary to any sign posted by the capitol police;
(b) contrary to any order of an officer of the capitol police; or
(c) without a permit issued under authority of the legislative coordinating council, except for guests in parking spaces posted for guests, emergency vehicles and delivery or maintenance vehicles on authorized business.
Any person found guilty of unlawful statehouse parking shall pay a fine in accordance with K.S.A. 8-2118, and amendments thereto.
History: L. 1973, ch. 365, § 1; L. 1975, ch. 456, § 1; L. 2002, ch. 200, § 3; L. 2006, ch. 107, § 12; July 1.
As used in this act "state agency" means only those state agencies whose offices are located in Shawnee county, but does not include the supreme court or any justice or officer thereof nor offices located in the Shawnee county courthouse. Notwithstanding the foregoing, the secretary of administration may determine that central mail service shall not apply to all or part of any particular agencies providing other more suitable arrangements for mail service are available.
History: L. 1957, ch. 454, § 1; L. 1972, ch. 332, § 71; L. 1976, ch. 387, § 7; July 1.
The secretary of administration shall provide and maintain central and consolidated mail services for state agencies. Each state agency shall use such central and consolidated mail services for the purpose of mailing all matter, but this provision shall not be construed as preventing any state agency from occasionally mailing directly or by other means any mail which requires special or expeditious handling.
The secretary of administration may adopt rules and regulations governing the use and operation of such central and consolidated mail services and the use of other postage as provided in K.S.A. 75-3706. Each state agency shall pay the entire postage charge required on all mail handled for such agency by the central and consolidated mail services at such time as may be determined by the secretary of administration.
History: L. 1957, ch. 454, § 2; L. 1972, ch. 332, § 72; L. 1976, ch. 387, § 8; July 1.
History: L. 1976, ch. 387, § 1; Repealed, L. 1988, ch. 334, § 1; July 1.
The head of each state agency having offices and personnel located within the capitol complex shall designate a current employee within that agency to be the agency's security liaison. The security liaison shall: (1) Work with the Kansas highway patrol's capitol police office to facilitate communication of security issues between the agency and the Kansas highway patrol; (2) collect and disseminate information on current security issues to other employees of the agency; and (3) serve as a contact point for other employees of the agency to express security concerns. The Kansas highway patrol may adopt rules and regulations to administer the provisions of this subsection. As used in this section, capitol complex means the Docking, Landon, Curtis and Eisenhower state office buildings, memorial hall, the Kansas judicial center and the state capitol.
History: L. 2008, ch. 67, § 1; July 1.
As used in this act, unless the context otherwise requires: (a) "State agency" shall have the meaning ascribed thereto in K.S.A. 75-3701.
(b) "Passenger motor vehicle" means a motor vehicle designed primarily for carrying passengers and having a gross vehicle weight of not more than twelve thousand (12,000) pounds.
(c) "Trucks" means every motor vehicle designed, used or maintained primarily for the transportation of property and having a gross vehicle weight of not more than twelve thousand (12,000) pounds.
(d) "Gross vehicle weight" means the weight of a passenger motor vehicle or truck and any type of trailer in combination with either thereof, plus the maximum weight of cargo and passengers which will be transported on or with the same.
(e) "Motor vehicle" means a passenger motor vehicle or a truck.
(f) "Vehicle" shall have the meaning ascribed thereto in K.S.A. 8-126.
History: L. 1972, ch. 29, § 1; July 1.
History: L. 1972, ch. 29, § 2; Repealed, L. 2012, ch. 75, § 1; July 1.
History: L. 1972, ch. 29, § 3; L. 1976, ch. 395, § 1; L. 2001, ch. 5, § 390; Repealed, L. 2012, ch. 75, § 1; July 1.
The secretary of administration shall be responsible for the control, regulation, acquisition, operation, maintenance, repair, and disposal of all motor vehicles of the central motor pool and all branches thereof.
History: L. 1972, ch. 29, § 4; L. 1976, ch. 395, § 2; July 1.
The secretary of administration may contract with the head of any state agency operating facilities available for the maintenance, repair, and storage of state owned motor vehicles to provide for maintenance, repair and storage of motor vehicles of the central motor pool or any branch thereof. He or she may also maintain or contract with any person in the manner provided by K.S.A. 75-3739 for such storage and repair facilities as he or she may deem necessary for the motor vehicles of the central motor pool or any branch thereof, and may provide for or contract with any person in the manner provided for by K.S.A. 75-3739 to provide reasonable maintenance, repair, or storage facilities in connection therewith.
History: L. 1972, ch. 29, § 5; July 1.
History: L. 1972, ch. 29, § 6; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1972, ch. 29, § 7; L. 1976, ch. 395, § 3; Repealed, L. 2012, ch. 75, § 1; July 1.
The secretary of administration, as provided in K.S.A. 75-3706, shall adopt rules and regulations necessary for the efficient and economical operation, maintenance, repair, and replacement of motor vehicles in the central motor pool or any branch thereof and for all other vehicles owned by the state or any state agency, except vehicles of the Kansas highway patrol shall be colored and marked as specified by the superintendent of the patrol. The rules and regulations shall include the requirements for keeping records, reports and schedules, including records used as a basis for charging state agencies for the services furnished. Such rules and regulations shall also provide for periodic reimbursements by the state agencies using motor pool services.
History: L. 1972, ch. 29, § 8; July 1.
History: L. 1972, ch. 29, § 9; L. 1974, ch. 398, § 1; L. 1976, ch. 395, § 4; L. 1982, ch. 366, § 1; Repealed, L. 1988, ch. 334, § 1; July 1.
Every vehicle owned or leased by the state shall display vehicle license tags. The color, numbering system or systems and lettering on such license tags and all other specifications thereof together with procedures for display thereof, and special provisions for registration fees and license tags of leased vehicles, shall be in accordance with rules and regulations adopted by the secretary of administration as provided in K.S.A. 75-3706 and amendments thereto. Such license tags shall be provided upon requisition of the secretary of administration for all motor vehicles of the central motor pool. Such license tags for vehicles not in the central motor pool shall be provided upon the requisition of the head of each state agency for the vehicles owned or leased by such state agency. Such license tags shall be replaced from time to time as the same may become less than plainly legible upon requisition as above provided.
History: L. 1972, ch. 29, § 10; L. 1990, ch. 309, § 45; May 24.
(a) Annually the legislature shall provide for transfer of moneys from the motor pool service fund to the state highway fund in an amount determined by it to be equal to the sum of the annual vehicle registration fees for each vehicle owned or leased by the state or any state agency, less the sum of all registration fees paid as authorized under K.S.A. 75-4612. Except as is provided in this section and said 75-4612, no vehicle registration fee shall be paid for any state owned or leased vehicle.
(b) Annually each state agency having one or more state owned or leased vehicles not in the central motor pool or a branch thereof shall pay to the department of administration, for credit to the motor pool service fund, an amount equal to the sum of the annual vehicle registration fees for all such vehicles of such state agency, less the sum of all registration fees paid as authorized under K.S.A. 75-4612. Such payments shall be made in accordance with procedures therefor prescribed by the director of accounts and reports.
History: L. 1972, ch. 29, § 11; L. 1976, ch. 395, § 5; July 1.
Regular vehicle registration fees may be paid for state owned or leased vehicles and regular license tags issued for vehicles of the central motor pool which are to be made available for investigative or law enforcement work, the same to be purchased by the secretary of administration or upon his or her order.
History: L. 1972, ch. 29, § 12; July 1.
The provisions of this act, except K.S.A. 75-4608 to 75-4612, inclusive, shall not apply to motor vehicles of the highway patrol or to motor vehicles of any other state agency which, in the opinion of the secretary of administration, are specially equipped for the needs of such state agency.
History: L. 1972, ch. 29, § 13; July 1.
All moneys or reimbursements received by the secretary of administration from the operation of the central motor pool or any branch thereof 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 motor pool service fund. There is hereby created within the state treasury, the motor pool service depreciation reserve fund, to which shall be transferred from the motor pool service fund each month an amount equal to that part of all charges received under K.S.A. 75-4607 and 75-46a05, and amendments thereto, that is attributable to depreciation of vehicles in the central motor pool or any branch thereof or vehicles in the state vanpool program which are financed from the motor pool service depreciation reserve fund. Such transfers to the motor pool service depreciation reserve fund shall not constitute a charge against or decrease in any expenditure limitation then in effect by any expenditure limitation act of the legislature on the motor pool service fund. Disbursements may be made from the motor pool service depreciation reserve fund in payment of the cost of replacement of vehicles of the central motor pool or for acquisition of vehicles for the state vanpool program. Amounts received for damage to vehicles of the central motor pool or any branch thereof or vehicles in the state vanpool program which are financed from the motor pool service depreciation reserve fund, in excess of the depreciated value of such vehicle, 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 motor pool service fund and the balance thereof shall be credited to the motor pool service depreciation reserve fund.
History: L. 1972, ch. 29, § 14; L. 1976, ch. 395, § 6; L. 1980, ch. 283, § 2; L. 2001, ch. 5, § 391; July 1.
History: L. 1976, ch. 395, § 7; Repealed, L. 2012, ch. 75, § 1; July 1.
History: L. 1995, ch. 262, § 1; Repealed, L. 2012, ch. 75, § 1; July 1.
(a) Whenever any state agency purchases a motor vehicle, the state agency shall purchase a motor vehicle which utilizes E85 fuels unless: (1) The manufacturer of the vehicle model to be purchased does not offer such vehicle model with an engine that utilizes E85 fuels; or (2) the cost of the vehicle is $250 or more than the cost of such a vehicle model that does not utilize E85 fuels.
(b) The provisions of subsection (a) shall not apply to the following: (1) The purchase of diesel fueled vehicles; (2) vehicles purchased in conformity with federal requirements; or (3) vehicles purchased for the Kansas highway patrol.
(c) Whenever a state agency leases a motor vehicle, the state agency shall lease a motor vehicle that utilizes E85 fuels unless no suitable vehicle that utilizes E85 fuels is available for lease.
(d) As used in this section, "E85 fuels" shall have the meaning ascribed thereto in K.S.A. 79-3401, and amendments thereto.
(e) With the approval of the head of the purchasing state agency, a state agency may purchase a motor vehicle which utilizes E85 fuels even though the cost is $250 or more than the cost of such a vehicle that does not utilize E85 fuels.
History: L. 2007, ch. 106, § 1; July 1.
Within 18 months after the effective date of this act, the secretary of administration shall adopt rules and regulations that require that the average fuel economy standard for state-owned motor vehicles purchased during fiscal year 2011 shall not be less than 10% higher than the average fuel economy standard of state-owned motor vehicles purchased during fiscal year 2008, if such higher average fuel economy standards are life-cycle cost effective for such motor vehicles purchased during fiscal year 2011. The head of each state agency shall provide information to and cooperate with the secretary of administration for the purposes of implementing and administering this section and the rules and regulations adopted by the secretary of administration.
History: L. 2009, ch. 141, § 27; May 28.
In any city in which there is located an office of any state agency, department, board or commission and in which there is located a metropolitan transit authority established pursuant to K.S.A. 12-2801 et seq., the secretary of administration is hereby authorized and empowered to negotiate and enter into a contract with such transit authority to pay all or part of the fares charged for state employees riding to and from their place of employment on vehicles of such transit authority. No such payments shall be made for travel beyond the corporate limits of the city in which such transit authority is located. Each such contract and all such payments shall be subject to available appropriations. The secretary shall designate the state employees to whom the contract applies. In the manner provided in K.S.A. 75-3706, the secretary of administration may adopt rules and regulations for the implementation and administration of this act.
History: L. 1980, ch. 262, § 1; July 1.
The purpose of K.S.A. 75-46a02 to 75-46a09, inclusive, and amendments thereto, is to promote conservation of petroleum resources, reduce traffic and parking congestion, and diminish air pollution by facilitating the creation of self-supporting commuter vanpools in which state employees living and working in similar locations may ride to and from their places of employment.
History: L. 1980, ch. 262, § 2; L. 2004, ch. 104, § 2; July 1.
Subject to the availability of sufficient revenues from passenger fees under K.S.A. 75-46a06, and amendments thereto, the secretary of administration shall purchase such motor vehicles necessary to accomplish the purposes set forth in K.S.A. 75-46a02 to 75-46a09, inclusive, and amendments thereto. The secretary is authorized to obtain and disburse any federal funds made available to accomplish such purposes.
History: L. 1980, ch. 262, § 3; L. 2004, ch. 104, § 3; July 1.
(a) The secretary of administration shall select and assign a driver and an alternate driver for each motor vehicle designated for use in accomplishing the purposes of K.S.A. 75-46a02 to 75-46a09, inclusive, and amendments thereto. Each driver shall be an employee of the state and shall possess a valid driver's license issued by the state.
(b) Every motor vehicle designated for use in the state vanpool program shall be owned and registered in the name of the state. In accordance with K.S.A. 75-4101 et seq., and amendments thereto, the state shall purchase for each vehicle in the state vanpool program such liability, property damage and other insurance as deemed necessary by the committee on surety bonds and insurance, except that a minimum of $1,000,000 of liability coverage shall be purchased for each vehicle in the state vanpool program.
History: L. 1980, ch. 262, § 4; L. 2004, ch. 104, § 4; July 1.
The driver of every motor vehicle designated for use in the state vanpool program shall not be authorized to use the same for personal nonbusiness purposes. Each driver shall keep a log of all miles driven in the vehicle. The log shall be reviewed every month by the department of administration.
History: L. 1980, ch. 262, § 5; L. 1980, ch. 283, § 1; L. 2001, ch. 5, § 392; L. 2004, ch. 104, § 5; July 1.
(a) The driver of each motor vehicle designated for use in the state vanpool program shall charge each passenger a passenger fee in an amount to be determined for each vanpool by the secretary of administration. The secretary of administration shall set the passenger fee for each vanpool at an amount that enables each vanpool to be self-supporting, including, but not limited to, all operating, servicing, repair, insurance, vehicle replacement and administrative costs. Within six days of the first of each month, such funds shall be remitted by the driver to the department of administration.
(b) The provision of maintenance and repair services shall be the responsibility of the state motor pool. All drivers shall be responsible for arranging for necessary maintenance services with the motor pool. All drivers shall be provided with state credit cards for the purchase of fuel.
(c) The secretary of administration shall remit all moneys received 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 motor pool service fund.
History: L. 1980, ch. 262, § 6; L. 2004, ch. 104, § 6; July 1.
Each driver shall develop a route to and from work. The driver shall be responsible for picking up and returning each passenger to a designated location to be determined by the driver. The driver, with assistance from the department of administration, shall be responsible for recruiting passengers for said vehicle. While the program is primarily intended to serve employees of the state of Kansas, non-state employees may also participate to the extent determined to be in the best interest of the state by the secretary of administration. All passengers must sign written agreements to participate in this program. At least one alternate driver shall be selected to drive said vehicle in the absence of the primary driver.
History: L. 1980, ch. 262, § 7; July 1.
The department of administration, in cooperation with the state corporation commission, shall develop and adopt such rules and regulations deemed necessary for the proper and efficient implementation of the provisions of K.S.A. 75-46a02 to 75-46a08, inclusive, and amendments to such sections.
History: L. 1980, ch. 262, § 8; L. 1983, ch. 258, § 11; July 1.
The secretary of administration may bring to the legislature a proposal to terminate the vanpool program if the secretary of administration determines that it is no longer feasible to operate the program in a manner consistent with the provisions of K.S.A. 75-46a02 through 75-46a08, and amendments thereto.
History: L. 1980, ch. 262, § 9; L. 2004, ch. 104, § 7; July 1.
To assist the secretary of administration in making policy decisions relating to the vanpool program, a vanpool program review committee composed of the secretary of administration, the director of the Kansas energy office, the secretary of the Kansas department of transportation, or their designees, and a vanpool rider, shall be convened at the discretion of the chairperson. The chairperson of the committee shall be the secretary of administration or the secretary's designee. The committee shall review instances of mishap or misconduct relating to the vanpool program operations and, if necessary, recommended remedial action.
History: L. 2004, ch. 104, § 1; July 1.
(a) There is hereby established an office of information technology services, the head of which shall be the executive chief information technology officer. The executive chief information technology officer shall administer the office of information technology services. The division of information systems and communications and the office of the director of information systems and communications, created by this section prior to its amendment by this act, are hereby abolished.
(b) The executive chief information technology officer shall be in the unclassified service under the Kansas civil service act and shall be appointed by the governor.
(c) There are hereby established, within the office of information technology services, the offices of the deputy director of information systems and the deputy director of telecommunications who shall be appointed by the executive chief information technology officer and shall be in the unclassified service under the Kansas civil service act. The deputy director of information systems and the deputy director of telecommunications shall have such powers, duties and functions as are prescribed by the executive chief information technology officer.
History: L. 1972, ch. 332, § 18; L. 1974, ch. 399, § 5; L. 1978, ch. 332, § 46; L. 1980, ch. 284, § 21; L. 1981, ch. 328, § 2; L. 1982, ch. 347, § 59; L. 1984, ch. 323, § 1; L. 2013, ch. 62, § 13; July 1.
History: L. 1972, ch. 332, § 18; L. 1974, ch. 399, § 5; L. 1978, ch. 332, § 46; L. 1980, ch. 284, § 21; L. 1981, ch. 299, § 35; Repealed, L. 1984, ch. 323, § 17; July 1.
(a) All of the powers, duties and functions of the existing director of information systems and communications and division of information systems and communications are hereby transferred to and conferred and imposed upon the executive chief information technology officer, except as otherwise provided by this act.
(b) The executive chief information technology officer shall be the successor in every way to the powers, duties and functions of the director of information systems and communications and division of information systems and communications 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 executive chief information technology officer shall be deemed to have the same force and effect as if performed by the director of information systems and communications and division of information systems and communications in which such functions were vested prior to the effective date of this act.
(c) Whenever the director of information systems and computing, the division of information systems and computing, the division of information systems and communications, or the director of information systems and communications, 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 executive chief information technology officer.
History: L. 1972, ch. 332, § 19; L. 1974, ch. 399, § 6; L. 1980, ch. 284, § 22; L. 1984, ch. 323, § 3; L. 2013, ch. 62, § 14; July 1.
History: L. 1980, ch. 284, § 32; Repealed, L. 1984, ch. 323, § 17; July 1.
(a) On July 1, 1984, the position of each officer and employee of the division of information systems and computing is hereby abolished and each such officer and employee is hereby terminated from state service, subject to appointment to a position as provided in subsection (b).
(b) All officers and employees who were engaged immediately prior to July 1, 1984, in the performance of powers, duties and functions of the division of information systems and computing whose positions are abolished under this section, and who, in the opinion of the secretary of administration, are necessary to perform powers, duties and functions of the division of information systems and communications, shall become officers and employees of the division of information systems and communications in accordance with this act. Any such officer or employee shall retain all retirement benefits and applicable rights of civil service which had accrued to or vested in such officer or employee prior to July 1, 1984, and the service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers and any abolishment of positions 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. 1980, ch. 284, § 33; L. 1984, ch. 323, § 4; July 1.
(a) In all cases under this act where the powers, duties and functions of the division or director of information systems and communications are transferred to and imposed upon the office of information technology services, the executive chief information technology officer shall succeed to all property and records which were used for, or pertain to, the performance of the powers, duties and functions so transferred by this act. Any conflict as to the proper disposition of such property or records arising under this section and resulting from the transfer or abolishment of any existing state agency, or the powers, duties and functions thereof, shall be determined by the governor, whose decision shall be final.
(b) 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 or under authority of this act, or the act of which this section is amendatory, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
(c) 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 act, or the act of which this section is amendatory, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of official duties, shall abate by reason of the taking effect of reorganization under the provisions of this act, or the act of which this section is amendatory. 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.
(d) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act, or the act of which this section is amendatory.
History: L. 1980, ch. 284, § 34; L. 1984, ch. 323, § 5; L. 2013, ch. 62, § 15; July 1.
History: L. 1980, ch. 284, § 35; Repealed, L. 1984, ch. 323, § 17; July 1.
(a) On July 1, 1984, the position of each officer and employee of the department of administration who is primarily engaged in the performance of powers, duties and functions related to telecommunications services and who is in the classified service under the Kansas civil service act is hereby abolished and each such officer and employee is hereby terminated from state service, subject to appointment to a position as provided in subsection (b).
(b) All officers and employees whose positions in the classified service under the Kansas civil service act are abolished under this section and who are necessary in the opinion of the secretary of administration to perform powers, duties and functions of the division of information systems and communications, shall become officers and employees of the division of information systems and communications. 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, 1984, 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 service under the Kansas civil service act shall be in accordance with civil service laws and rules and regulations adopted thereunder.
History: L. 1984, ch. 323, § 2; July 1.
The executive chief information technology officer may adopt rules and regulations as provided in K.S.A. 75-4718, and amendments thereto, relating to the following:
(a) Establishment of rates and charges for services performed by the office of information technology services for any other division, department, state agency or governmental unit. Such rates and charges shall be maintained by a cost system in accordance with generally accepted accounting principles. In determining cost rates for billing to agencies or governmental units, overhead expenses shall include but not be limited to light, heat, power, insurance, labor and depreciation. Billings shall include direct and indirect costs and shall be based on the foregoing cost accounting practices.
(b) For determination of priorities for services performed by the office of information technology services, including authority to decline new projects under specified conditions.
(c) Specification of standards for submission of data to be processed by the office of information technology services and the programs for processing the data, including authority to decline to process computer programs and projects not conforming to published standards. Such standards shall be consistent with the standards and policies adopted by the information technology executive council under K.S.A. 75-7203, and amendments thereto.
(d) Specification of standards and measures relating to security, confidentiality and availability of data processed by the office of information technology services. Such standards and measures shall be consistent with the standards and policies adopted by the information technology executive council under K.S.A. 75-7203, and amendments thereto.
History: L. 1972, ch. 332, § 21; L. 1974, ch. 399, § 7; L. 1976, ch. 396, § 1; L. 1980, ch. 284, § 23; L. 1983, ch. 291, § 3; L. 1984, ch. 323, § 6; L. 1992, ch. 228, § 2; L. 1998, ch. 182, § 15; L. 2013, ch. 62, § 16; July 1.
Under the supervision of the executive chief information technology officer, the office of information technology services shall provide data processing and application hosting services for other divisions, departments and agencies of the state, and shall make charges for such services in accordance with the cost system established under K.S.A. 75-4703, and amendments thereto. The furnishing of data processing services and application hosting by the office of information technology services shall be a transaction to be settled in accordance with the provisions of K.S.A. 75-5516, and amendments thereto. All receipts for sales of services shall be deposited in the information technology fund created under K.S.A. 75-4715, and amendments thereto. The provisions of K.S.A. 75-4215, and amendments thereto, shall apply to the information technology fund to the extent not in conflict with this act.
History: L. 1972, ch. 332, § 22; L. 1973, ch. 366, § 1; L. 1974, ch. 399, § 8; L. 1976, ch. 396, § 2; L. 1980, ch. 284, § 24; L. 1984, ch. 323, § 7; L. 1988, ch. 345, § 3; L. 2013, ch. 62, § 18; July 1.
(a) Transfers to the information technology reserve fund shall be made from the information technology fund on a monthly basis and the amounts thereof shall be determined by the executive chief information technology officer as charges for depreciation and obsolescence of the office of information technology services equipment and programs according to generally accepted accounting principles prescribed by the director of accounts and reports. All recoveries from the sale of surplus, obsolete or unused equipment or of other expenditures from the information technology fund 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 information technology reserve fund. The director of accounts and reports shall transfer each month the amount so determined. No such transfer shall constitute a charge against or decrease in any expenditure limitation then in effect on the information technology fund under any appropriations act of the legislature.
(b) Expenditures from the information technology reserve fund may be made for equipment and programs needed for the operation of the office of information technology services.
History: L. 1976, ch. 396, § 3; L. 1980, ch. 284, § 25; L. 1984, ch. 323, § 8; L. 1988, ch. 345, § 4; L. 2001, ch. 5, § 393; L. 2013, ch. 62, § 19; July 1.
Appropriations may be made for capital outlay and other expenses to carry out the purpose of the office of information technology services for the same period as is authorized by K.S.A. 46-155, and amendments thereto, for capital improvements. The executive chief information technology officer may enter into multiple year lease or acquisition contracts, subject to state purchasing laws not in conflict with the foregoing authorization and so long as such contracts do not extend beyond the appropriation periods, limitations and restrictions therefor.
History: L. 1976, ch. 396, § 5; L. 1980, ch. 284, § 26; L. 1984, ch. 323, § 9; L. 2013, ch. 62, § 20; July 1.
(a) Central processing of data by computer, for all divisions, departments and agencies of the state shall be performed by the office of information technology services under the supervision of the executive chief information technology officer. No other division, department or agency of the state shall perform central processing computer functions or control or possess any central processing unit of a computer, except as otherwise provided in this section.
(b) With the approval of the executive chief information technology officer, any division, department or agency of the state may possess and operate central processing units of a computer if the same are adjunct to the central processing computer unit or units of the office of information technology services.
(c) Data to be centrally processed by the office of information technology services shall be prepared for such processing by the division, department or agency of the state requesting the same to be processed in accordance with rules and regulations adopted by the executive chief information technology officer as provided in K.S.A. 75-4703, and amendments thereto. Programs for processing the data of any division, department or agency of the state shall be prepared by such division, department or agency of the state in accordance with standards prescribed by rules and regulations adopted by the executive chief information technology officer as provided in K.S.A. 75-4703, and amendments thereto. Notwithstanding the other provisions of this subsection, the office of information technology services shall prepare data or programs, or provide technical consultation, when a division, department or agency of the state requests such service of the office of information technology services and the executive chief information technology officer.
(d) This section shall not apply to the universities under the jurisdiction and control of the state board of regents.
History: L. 1972, ch. 332, § 23; L. 1973, ch. 366, § 2; L. 1974, ch. 399, § 9; L. 1980, ch. 284, § 27; L. 1984, ch. 323, § 10; L. 1994, ch. 340, § 5; L. 2013, ch. 62, § 21; July 1.
History: L. 1965, ch. 472, § 2; L. 1972, ch. 332, § 94; L. 1974, ch. 399, § 10; L. 1980, ch. 284, § 28; L. 1984, ch. 323, § 11; L. 1987, ch. 292, § 29; L. 1994, ch. 340, § 7; Repealed, L. 1998, ch. 182, § 28; May 21.
Subject to the provisions of K.S.A. 75-7209, and amendments thereto, state agencies using information processing equipment under lease are hereby authorized to enter into contracts with leasing service companies for purchase by the agency of such equipment with non-state funds furnished by such leasing service companies and transfer of title to such equipment by the agency to such leasing service company for lease back to the agency.
History: L. 1969, ch. 409, § 1; L. 1972, ch. 332, § 95; L. 1974, ch. 399, § 11; L. 1980, ch. 284, § 29; L. 1984, ch. 323, § 12; L. 1994, ch. 340, § 8; L. 1998, ch. 182, § 16; May 21.
History: L. 1972, ch. 332, § 20; L. 1974, ch. 348, § 96; L. 1974, ch. 399, § 12; L. 1975, ch. 427, § 246; L. 1980, ch. 284, § 30; L. 1984, ch. 323, § 13; Repealed, L. 1992, ch. 192, § 17; July 1.
(a) The executive chief information technology officer shall provide for and coordinate all telecommunications services for all divisions, departments and agencies of the state pursuant to policies established by the information technology executive council. The executive chief information technology officer shall have the authority to control the acquisition, retention and use of all telecommunications services for all divisions, departments and agencies of the state, and to develop and review plans and specifications for telecommunications services throughout the state.
(b) The executive chief information technology officer, when feasible, may enter into agreements with any entity defined in this subsection extending to such entity the use of state intercity telecommunications facilities and services under the control of the executive chief information technology officer.
As used in this subsection, an "entity" means:
(1) Any governmental unit, including any state agency, taxing subdivision of the state or municipality; or
(2) any hospital or nonprofit corporation which the executive chief information technology officer determines to be performing any state function on an ongoing basis through agreement or otherwise, or any function which will assist a governmental unit in attaining an objective or goal, bearing a valid relationship to powers and functions of such unit.
(c) Every record made, maintained or kept by the secretary of administration or the division of information systems and communications, prior to the effective date of this act, shall be maintained or kept by the executive chief information technology officer or the office of information technology services, or any agency or instrumentality thereof, which relates to the acquisition, retention or use of telecommunications services provided to any division, department or agency of the state, state officer or governmental unit and which pertains to individually identifiable individuals using such telecommunication services shall constitute for purposes of the open records act a record of the division, department or agency of the state, state officer or governmental unit to which such records relate. The official custodian of such records for the purposes of the open records act shall be the official custodian of the records of such division, department or agency of the state, state officer or governmental unit.
History: L. 1974, ch. 399, § 1; L. 1978, ch. 362, § 1; L. 1992, ch. 228, § 3; L. 1994, ch. 340, § 9; L. 1996, ch. 268, § 13; L. 1998, ch. 182, § 17; L. 2013, ch. 62, § 22; July 1.
As used in K.S.A. 75-4709, 75-4712, 75-4713 and 75-4714, and amendments thereto, telecommunications services include, but shall not be limited to, any transmission, emission or reception of signals of any kind containing communications of any nature, by wire, radio, optical or other electromagnetic means, and includes all facilities, equipment, supplies and services for such transmission, emission or reception. Telecommunications services shall include data transmission services and equipment but shall not include data processing services provided or authorized by the office of information technology services, or the acquisition, retention or use of any data processing equipment authorized by the office of information technology services.
History: L. 1974, ch. 399, § 2; L. 1984, ch. 323, § 14; L. 1985, ch. 285, § 3; L. 2013, ch. 62, § 23; July 1.
History: L. 1974, ch. 399, § 3; Repealed, L. 1984, ch. 1, § 5; July 1.
The executive chief information technology officer shall adopt rules and regulations as provided in K.S.A. 75-4718, and amendments thereto, for the acquisition, retention and use of telecommunications services by all divisions, departments and agencies of the state and by private, nonprofit corporations and governmental units which have entered into agreements with the executive chief information technology officer under K.S.A. 75-4709, and amendments thereto, and for the purposes of administering and enforcing the provisions of this act.
History: L. 1974, ch. 399, § 4; L. 1978, ch. 362, § 2; L. 1992, ch. 228, § 4; L. 2013, ch. 62, § 24; July 1.
(a) The telecommunications negotiating committee is a three-person committee composed of (1) the governor, or a person designated by the governor, (2) the director of purchases, or a person designated by the director of purchases, and (3) the executive chief information technology officer, or a person appointed by the executive chief information technology officer. The telecommunications negotiating committee may negotiate contracts for telecommunications services to be entered into by the executive chief information technology officer for state agencies and other entities as provided in K.S.A. 75-4709, and amendments thereto.
(b) Prior to negotiating for telecommunications services, the committee shall advertise for sealed proposals. The committee then may negotiate with one or more firms submitting proposals and select from among those submitting such proposals the party to contract with for the purpose of providing telecommunications services.
(c) Contracts entered into pursuant to this section for telecommunications services shall not be subject to the provisions of K.S.A. 75-3738 to 75-3740a, inclusive, and amendments thereto.
History: L. 1985, ch. 285, § 1; L. 2013, ch. 62, § 25; July 1.
Except as otherwise provided by law and subject to the provisions of appropriations acts relating thereto, all fees and charges imposed by the executive chief information technology officer for telecommunications services provided or contracted for by the executive chief information technology officer shall be deposited in the state treasury and credited to the information technology fund.
History: L. 1985, ch. 285, § 2; L. 1988, ch. 345, § 5; L. 2013, ch. 62, § 26; July 1.
(a) There is hereby created in the state treasury the information technology 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 chief information technology officer or by a person designated by the executive chief information technology officer.
(b) On the effective date of this act, the director of accounts and reports shall transfer all moneys in the computer services fund, created under K.S.A. 75-4704, and amendments thereto, and the state communications services fund, created under K.S.A. 75-4714, and amendments thereto, to the information technology fund.
(c) On the effective date of this act, all liabilities of the computer services fund and the state communications services fund are hereby imposed on the information technology fund, and the computer services fund and the state communications services fund are hereby abolished. Any reference to such funds abolished by this section in any statute, contract or other document shall be deemed to refer to the information technology fund.
History: L. 1988, ch. 345, § 1; L. 2013, ch. 62, § 27; July 1.
(a) There is hereby created in the state treasury the information technology reserve 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 chief information technology officer or by a person designated by the executive chief information technology officer.
(b) On the effective date of this act, the director of accounts and reports shall transfer all moneys in the computer services depreciation reserve fund, created under K.S.A. 75-4704a, and amendments thereto, to the information technology reserve fund. On the effective date of this act, all liabilities of the computer services depreciation reserve fund are hereby imposed on the information technology reserve fund, and the computer services depreciation reserve fund is hereby abolished. Any reference to such fund abolished by this section in any statute, contract or other document shall be deemed to refer to the information technology reserve fund.
History: L. 1988, ch. 345, § 2; L. 2013, ch. 62, § 28; July 1.
As used in K.S.A. 75-4703, 75-4709 and 75-4712, and amendments thereto, "governmental unit" means any county, municipality or other political subdivision thereof, or any school district in this state.
History: L. 1992, ch. 228, § 1; July 1.
(a) The executive chief information technology officer shall submit to the governor proposed rules and regulations with respect to the manner of performance of any power or duty of the office of information technology services, the execution of any business of such office and its relations to and business with other state agencies, appeals from the final decisions or final actions of the executive chief information technology officer, and such other matters as are provided by law. Before any such proposed rules and regulations are submitted to the governor, the same shall have received the approval required by K.S.A. 77-420, and amendments thereto, the attorney general shall have made the finding required by K.S.A. 77-420, and amendments thereto, and the executive chief information technology officer shall have held the hearing thereon required by K.S.A. 77-421, and amendments thereto. The governor shall either approve, modify and approve or reject any such proposed rules and regulations. The executive chief information technology officer shall adopt such rules and regulations so approved or so modified and approved by the governor.
(b) All rules and regulations, orders and directives of the secretary of administration, the department of administration, the director of information systems and communications, or the division of information systems and communications which relate to the powers, duties and functions transferred from the director of information systems and communications and the division of information systems and communications of the department of administration to the executive chief information technology officer and office of information technology services by this act and which are in effect on the effective date of this act shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the executive chief information technology officer and office of information technology services until revised, amended, revoked or nullified pursuant to law.
History: L. 2013, ch. 62, § 1; July 1.
For the purpose of preparation of the governor's budget report and related legislative measure or measures for submission to the legislature, the office of information technology services, established in K.S.A. 75-4701, and amendments thereto, shall be considered a separate state agency and shall be titled for such purpose as the "office of information technology services." The budget estimates and requests of such office shall be presented as from a state agency separate from the department of administration, and such separation shall be maintained in the budget documents and reports prepared by the director of the budget and the governor, or either of them, including all related legislative reports and measures submitted to the legislature.
History: L. 2015, ch. 101, § 2; July 1.
(a) No electronic device that is owned or issued to an employee by a state agency shall be used to access an artificial intelligence platform of concern. Any network that is operated by a state agency shall prohibit the use of artificial intelligence platforms of concern by users who access the network.
(b) Any state agency that utilizes an artificial intelligence platform of concern or has an account with an artificial intelligence platform of concern shall deactivate and delete such account and shall no longer use the artificial intelligence platform.
(c) The provisions of this section shall not apply to state agencies that are using an electronic device owned or issued to an employee by a state agency to access an artificial intelligence platform of concern for the purposes of law enforcement activities or cybersecurity investigations.
(d) As used in this section:
(1) "Artificial intelligence platform of concern" means:
(A) The artificial intelligence model commonly referred to as DeepSeek and any artificial intelligence model that is owned or controlled, directly or indirectly, by Hangzhou DeepSeek Artificial Intelligence Basic Technology Research Company or a subsidiary or successor company of such company; or
(B) an artificial intelligence model that is controlled, directly or indirectly, by a country of concern;
(2) (A) "country of concern" means the following:
(i) People's republic of China, including the Hong Kong special administrative region;
(ii) republic of Cuba;
(iii) islamic republic of Iran;
(iv) democratic people's republic of Korea;
(v) Russian federation; and
(vi) Bolivarian republic of Venezuela.
(B) "Country of concern" does not include the republic of China (Taiwan); and
(3) "state agency" means any state office or officers, department, board, commission, institution or bureau or any agency, division or unit thereof.
History: L. 2025, ch. 84, § 1; July 1.
History: L. 1994, ch. 340, § 1; L. 1995, ch. 256, § 19; Repealed, L. 1998, ch. 182, § 28; May 21.
History: L. 1994, ch. 340, §§ 2 to 4; Repealed, L. 1998, ch. 182, § 28; May 21.
History: L. 1994, ch. 340, § 6; Repealed, L. 1998, ch. 182, § 28; May 21.
History: L. 1974, ch. 350, § 1; L. 1980, ch. 284, § 8; Repealed, L. 1988, ch. 334, § 1; July 1.
As used in this act, unless the context otherwise requires:
"Division" means the division of the budget of the department of administration.
"Director" means the director of the budget.
"State agency" means all departments, boards, commissions and agencies of the state of Kansas.
History: L. 1974, ch. 350, § 2; L. 1980, ch. 284, § 9; July 1.
(a) The division shall be the principal state planning agency for the coordination of and when necessary the preparation of comprehensive development plans for the state's social, economic and physical resources.
(b) Except as otherwise provided in this act, the division's powers and duties shall include, but not be limited to: (1) Preparation of comprehensive, long-range plans and policy recommendations for the orderly and coordinated development of the state, as provided in K.S.A. 75-4804, and amendments thereto;
(2) preparation and updating of annual development programs, setting forth specific actions necessary for the orderly accomplishment of state plans and development policies as provided in K.S.A. 75-4806, and amendments thereto;
(3) continuously surveying and reviewing the accomplishments of state government in achieving the goals and objectives set forth in the state development plans and policies;
(4) encouraging and facilitating the coordination of the planning activities of all state agencies;
(5) conducting and coordinating such research as may be necessary and desirable in supporting the planning activities under this act;
(6) establishing common procedures and assembling basic statistical information as necessary for the use of all state agencies in their planning and programming;
(7) conducting studies and analysis of the actual or potential effects, both short and long range, of present or proposed state policies;
(8) maintaining current information on federal programs and policies presently used by the state or which may potentially be used within the state, advising and assisting any state agency with regard to that state agency's use of federal programs and participation in assistance programs of the federal government to political subdivisions;
(9) authority to apply for, receive, administer and utilize any grants or other financial assistance that the federal government and other public or private sources shall make available for the purposes of this act, and to contract with federal, state, county, city, or other public agencies and with qualified private persons or agencies, except that the division shall not make or administer any grants of financial aid to any political subdivision of this state;
(10) preparation of county income estimates;
(11) maintenance of state input-output economic information system;
(12) maintenance of data relating to firm turnover;
(13) assisting, advising and consulting with the legislature, including its members and committees, state agencies and political subdivisions, planning commissions, civic and other groups, and citizens regarding their planning and research activities or those of the division;
(14) participating in interstate planning and other activities related thereto;
(15) entering into agreements with state agencies and state institutions of higher education for the temporary use of personnel in pursuit of the purposes of this act;
(16) serving as the central agency and clearing house to collect and disseminate ideas and information bearing on public planning problems; and
(17) exercise such other powers as may be necessary to accomplish the purposes of this act.
History: L. 1974, ch. 350, § 3; L. 1976, ch. 350, § 3; L. 1980, ch. 284, § 10; July 1.
History: L. 1974, ch. 350, §§ 4, 5; L. 1980, ch. 284, §§ 11, 12; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1974, ch. 350, § 6; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1974, ch. 350, § 7; Repealed, L. 1980, ch. 284, § 36; July 1.
History: L. 1974, ch. 350, §§ 8, 9; L. 1980, ch. 284, §§ 13, 14; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1974, ch. 350, §§ 10, 11, 17; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1976, ch. 350, § 4; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1980, ch. 284, §§ 1, 2, 3, 6, 7; Repealed, L. 1988, ch. 334, § 1; July 1.
History: L. 1974, ch. 355, § 1; L. 1977, ch. 303, § 7; Repealed, L. 1993, ch. 268, § 16; July 1.
History: L. 1974, ch. 355, § 2; L. 1975, ch. 416, § 22; Repealed, L. 1977, ch. 303, § 8; April 11.
History: L. 1974, ch. 355, §§ 3, 4; Repealed, L. 1977, ch. 303, § 8; April 11.
History: L. 1977, ch. 303, §§ 1, 2; L. 1985, ch. 286, §§ 1, 2; Repealed, L. 1993, ch. 268, § 16; July 1.
History: L. 1977, ch. 303, § 3; L. 1979, ch. 295, § 1; L. 1985, ch. 286, § 3; L. 1992, ch. 255, § 2; Repealed, L. 1993, ch. 268, § 16; July 1.
History: L. 1977, ch. 303, § 4; L. 1979, ch. 295, § 2; L. 1982, ch. 367, § 1; Repealed, L. 1985, ch. 286, § 6; July 1.
History: L. 1977, ch. 303, § 5; L. 1985, ch. 286, § 4; Repealed, L. 1993, ch. 268, § 16; July 1.
History: L. 1977, ch. 303, § 6; L. 1979, ch. 295, § 3; L. 1985, ch. 286, § 5; Repealed, L. 1993, ch. 268, § 16; July 1.
History: L. 1981, ch. 19, § 9; Repealed, L. 1993, ch. 268, § 16; July 1.
(a) The activities of the Kansas public broadcasting council in making grants to noncommercial public television stations and public radio stations serving Kansas for the purpose of providing money for the public television station or public radio station to match federal funds for capital equipment purchases with 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 except that no such bonds shall be issued unless the issuance of such bonds is specifically approved by an appropriation or other act of the legislature, other than this act. The provisions of subsection (a) of K.S.A. 74-8905 and amendments thereto shall not prohibit the issuance of bonds for such purposes and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905 and amendments thereto. Bonds issued under this section shall be financed from moneys appropriated for the public television stations and public radio stations.
History: L. 1992, ch. 255, § 1; L. 1993, ch. 268, § 14; July 1.
K.S.A. 75-4912 through 75-4926 and amendments thereto shall be known and be cited as the Kansas public broadcasting council act.
History: L. 1993, ch. 268, § 1; July 1.
As used in the Kansas public broadcasting council act:
(a) "Kansas public television station" or "television station" means a noncommercial public television broadcasting station licensed as such by the federal communications commission which operates from a community located in Kansas and meets the minimum criteria for receipt of a community service grant set by the corporation for public broadcasting. These terms also include public television station KCPT, which provides primary service to five Kansas counties.
(b) "Kansas public radio station" or "radio station" means a noncommercial public radio broadcasting station which is licensed as such by the federal communications commission and which operates from a community located in Kansas and meets the minimum criteria for receipt of community service grants as set by the corporation for public broadcasting. These terms also include public radio station KKSU-AM, which provides extensive service to most of Kansas.
(c) "Eligible station" means a radio station or television station which has been fully qualified under the grant criteria of the corporation for public broadcasting for a period of four years prior to applying for a grant under this act. Any station seeking to become eligible after the effective date of this act must comply with the requirements of K.S.A. 75-4921 and amendments thereto as a condition of eligibility. In the event that the corporation for public broadcasting ceases to exist, or its community service grant program should terminate, or the eligibility criteria for community service grants should be lowered, then the criteria for eligibility for such grants which were extant on July 1, 1992, shall be applicable for purposes of this act and the methods of calculating and reporting financial information for all purposes shall be those extant on that date. Public radio station KKSU-AM shall be an eligible station and shall be eligible to receive grants under the Kansas public broadcasting council act until such time as ⅔ of all members of the Kansas public broadcasting council vote to find that public radio station KKSU-AM is no longer an eligible station and is not eligible to receive such grants.
(d) "Station" means any eligible radio station or television station.
(e) "Nonfederal, nonlicensee financial support" means the total sum of nonfederal financial support reported to the corporation for public broadcasting under its community service grant program, minus any amount of noncash or in-kind funds included, and minus any cash support provided by the licensee of the station, and minus any grants received from state sources.
(f) "Population covered" means the total population in the counties covered by each eligible station and its associated transmitters or translators as reported in the most recent United States decennial census. The counties covered by each station are to be determined as set forth in K.S.A. 75-4924 and amendments thereto.
(g) (1) For purposes of grants for a radio station for the fiscal year ending June 30, 1997, "per capita earned revenue" means the radio station's nonfederal, nonlicensee financial support divided by the population covered, yielding the revenue that radio station has generated per capita.
(2) For purposes of grants for a television station for the fiscal year ending June 30, 1997, "per capita earned revenue" means the television station's total nonfederal, nonlicensee financial support divided by the number of weekly cume households as reported in the most recent "PBS All-Station Cume Report," yielding the revenue that television station has generated per viewing household.
(3) For purposes of grants for any station for the fiscal year ending June 30, 1998, and for each fiscal year thereafter, "per capita earned revenue" means the station's nonfederal, nonlicensee financial support divided by the population covered, yielding the revenue that the station has generated per capita.
(h) "Radio repeater station" means a radio station in the broadcasting service that is a fully licensed broadcast radio station by the federal communications commission, that is owned and operated by a member radio station of the Kansas public broadcasting council for the purpose of repeating the signal of such member radio station, and that does not originate programming locally under a waiver of the requirement of the federal communications commission to originate programming locally.
(i) "Radio translator station" means a radio station in the broadcasting service that is licensed by the federal communications commission, that is owned and operated by a member radio station of the Kansas public broadcasting council for the purpose of retransmitting the signal of such member radio station, and that, as licensed by the federal communications commission, has a transmitter power output that does not exceed an effective radiated power for FM of 250 watts.
(j) "Television repeater station" means a television station in the broadcast service that is a fully licensed broadcast television station by the federal communications commission, that is owned and operated by a member television station of the Kansas public broadcasting council for the purpose of repeating the signal of such member television station, and that does not originate programming locally under a waiver of the requirement of the federal communications commission to originate programming locally.
(k) "Television translator station" means a television station in the broadcast service that is licensed by the federal communications commission, that is owned and operated by a member television station of the Kansas public broadcasting council for the purpose of retransmitting the signal of such member television station, and that, as licensed by the federal communications commission, has a transmitter power output that does not exceed an effective radiated power for VHF of 10 watts and for UHF of 1,000 watts.
History: L. 1993, ch. 268, § 2; L. 1996, ch. 80, § 1; July 1.
(a) Each eligible station shall certify to the secretary of administration, in such form and at such time as the secretary shall require, its nonfederal, nonlicensee financial support for the second prior fiscal year. Upon acceptance by the secretary of administration, such certification shall constitute the basis for grants provided under this act. The secretary of administration shall have the authority to ascertain that the amounts certified as nonfederal, nonlicensee financial support are accurate, audited and comparable in method of calculation.
(b) Funds appropriated for allocation and distribution under this act shall be appropriated for fiscal years commencing on and after July 1, 1994, and shall be appropriated to the department of administration for distribution in accordance with this act. The provisions of the Kansas public broadcasting council act relating to appropriations, distributions, grants and expenditures of funds shall become effective with fiscal years commencing on and after July 1, 1994. The provisions of the Kansas public broadcasting council act relating to appropriations, distributions, grants and expenditures of funds shall not apply to appropriations, distributions, grants and expenditures of funds for the fiscal year ending June 30, 1994.
History: L. 1993, ch. 268, § 3; July 1.
(a) Funds appropriated for the purpose of making grants under the Kansas public broadcasting council act for the fiscal year ending June 30, 1997, shall be divided into two grant pools, with 75% of such appropriated funds constituting a grant pool for public television stations and 25% of such appropriated funds constituting a grant pool for public radio stations.
(b) Funds appropriated for the purpose of making grants under the Kansas public broadcasting council act for the fiscal year ending June 30, 1998, and for each fiscal year thereafter, shall be allocated as follows:
(1) First, rural service grants shall be allocated to stations as provided in subsection (c); and
(2) then the amount of the appropriated funds for the fiscal year remaining unallocated after the allocation of amounts for rural service grants shall be divided into two grant pools, with 50% of the remaining appropriated funds constituting a grant pool for basic service grants under K.S.A. 75-4917 and amendments thereto and 50% of the remaining appropriated funds constituting a grant pool for incentive grants under K.S.A. 75-4918 and amendments thereto.
(c) After June 30, 1997, each station having an average population density within the station's service area, as determined by the mean population density of all counties within that service area, which is less than 50% of the mean population density of the state, shall receive a rural service grant. The rural service grant for a public radio station shall be $35,000 and the rural service grant for a public television station shall be $120,000.
History: L. 1993, ch. 268, § 4; L. 1996, ch. 80, § 2; July 1.
(a) For the fiscal year ending June 30, 1997, two basic service grant fund amounts shall be established from the grant pools under subsection (a) of K.S.A. 75-4916 and amendments thereto for basic service grants as follows: A television basic service grant fund amount consisting of 85% of the grant pool for television, and a radio basic service grant fund amount consisting of 85% of the grant pool for radio. Each such basic service grant fund amount for the fiscal year ending June 30, 1997, shall be divided into as many units as necessary to provide basic service grants to each eligible station as follows:
(1) If the population density within an eligible station's service area, as determined by the average population density of all counties within that area, is 50% or more of the mean population density of the state, that station shall receive a basic service grant of five units;
(2) if the average population density within an eligible station's service area, as determined by the mean population density of all counties within that service area, is less than 50% of the mean population density of the state, that station shall receive a basic service grant of 11 units; and
(3) KCPT-TV shall receive a basic service grant of four units.
(b) For the fiscal year ending June 30, 1998, and for each fiscal year thereafter, the grant pool for basic service grants determined under subsection (b)(2) of K.S.A. 75-4916 and amendments thereto shall be allocated among all stations as follows:
(1) Basic service grant units shall be awarded to each station for a fiscal year as follows:
(A) A public television station shall receive three basic service units for a main television broadcast station;
(B) a public radio station shall receive one basic service unit for a main radio broadcast station;
(C) a public television station shall receive ½ of one basic service unit for a television repeater station;
(D) a public radio station shall receive 1/10 of one basic service unit for a radio repeater station;
(E) a public television station shall receive 1/10 of one basic service unit for a television translator station;
(F) a public radio station shall not receive any basic service units for a radio translator station; and
(G) KCPT-TV public television station shall receive one basic service unit; and
(2) the basic service grant amount for a station shall be a pro rata share of the grant pool for basic service grants; this share shall bear the same proportion to the total amount in the grant pool for basic service grants as the number of basic service grant units awarded to the station for the fiscal year bears to the total number of basic service grant units awarded to all stations for the fiscal year.
(c) The service areas of each station and the counties to be included in each service area shall be certified to the secretary of administration in the manner set forth in subsection (e) of K.S.A. 75-4924 and amendments thereto.
History: L. 1993, ch. 268, § 5; L. 1996, ch. 80, § 3; July 1.
(a) For the fiscal year ending June 30, 1997, two incentive grant fund amounts shall be established from the grant pools under subsection (a) of K.S.A. 75-4916 and amendments thereto as follows: A television incentive grant fund amount consisting of 15% of the grant pool for television, and a radio incentive grant fund amount consisting of 15% of the grant pool for radio. Each eligible station shall receive an annual incentive grant amounting to a pro rata share of the incentive grant fund amount for which the station is eligible. This share shall bear the same proportion to the incentive grant fund amount from which the share is allocated as the station's per capita earned revenue bore in the second prior fiscal year to the aggregate per capita earned revenue of all eligible stations in such incentive grant fund amount for the same period.
(b) For the fiscal year ending June 30, 1998, and for each fiscal year thereafter, each eligible station shall receive an annual incentive grant which shall be equal to a pro rata share of the total amount in the grant pool for incentive grants determined under subsection (b)(2) of K.S.A. 75-4916 and amendments thereto; this share shall bear the same proportion to the total amount in the grant pool for incentive grants as the station's per capita earned revenue bore in the second prior fiscal year to the aggregate per capita earned revenue of all eligible stations for the same period.
History: L. 1993, ch. 268, § 6; L. 1996, ch. 80, § 4; July 1.
Appropriations may be made in any year for specific projects by more than one eligible station. Such cooperative project grants shall be distributed by the secretary of administration to the Kansas public broadcasting council under the terms of K.S.A. 75-4924 and amendments thereto.
History: L. 1993, ch. 268, § 7; July 1.
Appropriations may be made in any year for the purchase of equipment to be used by an eligible station, or by several such stations, or by the Kansas public broadcasting council except that any grant made to an individual station must be in compliance with K.S.A. 75-4924 and amendments thereto.
History: L. 1993, ch. 268, § 8; L. 1996, ch. 80, § 5; July 1.
(a) Notwithstanding any other provision of this act, for the fiscal year ending June 30, 1997, no station shall be allocated more than 45% of the total funds in the grant pool applicable to the station. For the fiscal year ending June 30, 1997, those funds not obligated by virtue of this limitation shall be returned to the incentive grant pool applicable to the station for distribution to the remaining stations in accordance with the provisions of K.S.A. 75-4918 and amendments thereto.
(b) Institutional licensees eligible to receive grants under this act shall not use funds provided under this act to supplant funds currently provided from other sources.
History: L. 1993, ch. 268, § 9; L. 1996, ch. 80, § 6; July 1.
Each eligible station and its station licensee shall certify to the secretary of administration when applying for a grant under this act that any funds received pursuant to this act shall not supplant or cause to be reduced any other sources of funding for the station, except in case of a reduction in funds which are subject to appropriation by the legislature are reduced by the legislature, and that the licensee is in compliance with the provisions of K.S.A. 75-4921 and amendments thereto regarding reduction of funding from institutional sources. Applicants shall also certify that funds received pursuant to this act will be used solely for the operation of a public broadcasting station and not for general institutional overhead, parent organization expenses or for any other purpose not directly related to the operation of a public broadcasting station.
History: L. 1993, ch. 268, § 10; July 1.
(a) There is hereby created a body politic and corporate to be known as the Kansas public broadcasting council. The Kansas public broadcasting council 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.
(b) The Kansas public broadcasting council shall be governed by a council of directors. The council of directors shall consist of one representative of each station eligible to receive grants under this act.
(c) The Kansas public broadcasting council shall function under such bylaws as shall be written by its initial council of directors and amended from time to time, except that such bylaws shall be in conformity with the applicable laws of the state of Kansas and this act. The bylaws of the Kansas broadcasting council shall provide for (1) the election of a chair of the council of directors and a vice-chair of the council of directors from among the members of the council of directors, (2) terms of office for the chair and vice-chair of not longer than two years, and (3) the rotation of the offices of chair and vice-chair between representatives of television stations and representatives of radio stations among the members of the council of directors.
(d) The provisions of K.S.A. 75-4317 through 75-4320a and amendments thereto, which relate to open meetings, and the open records act are applicable to the Kansas public broadcasting council.
History: L. 1993, ch. 268, § 11; July 1.
(a) The Kansas public broadcasting council shall report annually to the appropriate committees of the legislature on the following matters:
(1) The services provided to the people of Kansas with funds appropriated pursuant to this act, or the law in effect prior to the effective date of this act, in the second prior fiscal year, particularly with respect to the goals of public broadcasting as set forth in subsection (j);
(2) the need and justification for appropriations in the current and future years;
(3) the need for [and] justification for construction of any new public broadcasting facilities;
(4) the methods used to assure the financial integrity of any station receiving a grant under the provisions of this act; and
(5) the ways in which the members of the Kansas public broadcasting council have cooperated, in the previous fiscal year, to provide a more efficient, relevant and cost-effective service for the people of Kansas.
(b) The Kansas public broadcasting council shall present, as a part of its annual report to the legislature, a comprehensive plan setting forth the service goals and operational plans for public broadcasting in Kansas during the ensuing three years, such plans having been developed by and voted upon by the directors of the Kansas public broadcasting council. This plan shall be updated each year to take into account changing needs, technologies and operational circumstances.
(c) The Kansas public broadcasting council shall certify to the secretary of administration, following a vote of the council's directors thereon, that any station seeking eligibility for a grant under this act and which was not in operation prior to July 1, 1994, is essential and necessary for the provision of service to the people of Kansas. This requirement for certification shall also apply to any station eligible for a grant on July 1, 1994, if such station subsequently becomes ineligible and later seeks to again become eligible for a grant. No station for which such certification is required shall be eligible to receive a grant under the terms of this act unless such certification has been provided.
(d) In the event of any conflict between stations with respect to eligibility for grants or the amount of such grants, the issue shall be studied and resolved by the directors of the Kansas public broadcasting council. The decision of that body shall be binding on the secretary of administration with respect to distribution of grants.
(e) The Kansas public broadcasting council shall provide to the secretary of administration a list of the counties covered by each station eligible to receive a grant under this act, together with the population in each county as reported in the most recent United States decennial census and the population density of each county. This report shall be the basis for calculation of each station's basic service grant and incentive grant.
(f) The Kansas public broadcasting council shall review the proposal of any station or group of stations seeking an equipment grant under the terms of K.S.A. 75-4920 and amendments thereto and shall prioritize all requests for equipment grants, taking into account the costs of such equipment, the benefits such equipment would supply to the people of Kansas, the urgency of the request with respect to maintenance of existing services, the relevance of the equipment grant request to the provisions of the long-range plan submitted by the council and such other factors as may be relevant. The Kansas public broadcasting council shall present the council's prioritized list of equipment grant requests to the legislature as a part of the annual budget process and shall support those grant requests in the council's annual report to the legislature.
(g) The Kansas public broadcasting council shall have the power to accept grants or appropriations from the federal government or the state of Kansas, or any agency or instrumentality thereof, to be used for the purchase of equipment for use by the stations as the directors shall determine. Nothing in this act shall preclude the Kansas public broadcasting council from utilizing such equipment for the generation of revenue for the support of Kansas public broadcasting activities, nor shall the Kansas public broadcasting council be precluded from raising funds from other sources for the support of the council's activities.
(h) The Kansas public broadcasting council shall have the financial operations of the council audited annually by a certified public accountant and shall make its audited financial statement available to the secretary of administration upon request.
(i) The Kansas public broadcasting council shall have no power or authority to compel any Kansas public television station or Kansas public radio station to broadcast any program or programs, whether or not funded in whole or in part by the council, nor shall the council have any power to forbid any station to broadcast any program acquired from any other source. The Kansas public broadcasting council shall have no regulatory authority over any individual station, the programming of any station or program scheduling for any station.
(j) The goals of public broadcasting in this state shall be to provide an educational, cultural and informational service to the people of this state; to offer a forum for public discourse on issues of public policy and the conduct of government; to enhance the quality of life for Kansas citizens; to provide public broadcasting service at a level of quality comparable to that available in other states; to explore and celebrate the diversity of cultures, lifestyles and traditions of the people of Kansas; to provide high-quality public broadcasting service to every part of Kansas; and to further the general welfare of the people of Kansas.
History: L. 1993, ch. 268, § 12; July 1.
(a) After June 30, 1994, funds appropriated to the department of administration for allocation and distribution under this act are provided on a ministerial basis only and are to be distributed under the formulae set forth in this act upon compliance with the eligibility criteria set forth in this act.
(b) Nothing in this act shall give any officer, employee, agent or elected official of the state of Kansas any authority to influence or attempt to influence the content or scheduling of any program produced or broadcast by any eligible station, whether or not such influence is intended to be related in any way to receipt of a grant under this act.
History: L. 1993, ch. 268, § 13; July 1.
(a) On the effective date of this act, the Kansas public broadcasting commission is hereby abolished.
(b) On the effective date of this act, all of the records, memoranda, writings and property of the Kansas public broadcasting commission are hereby transferred to the Kansas public broadcasting council established by this act and the council shall have legal custody of the same.
History: L. 1993, ch. 268, § 15; July 1.
(a) In order to coordinate the planning, development and operation of the various modes and systems of transportation within this state, there is hereby established a department of transportation, which shall be administered under the direction and supervision of the secretary of transportation. The secretary of transportation 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 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 secretary shall receive an annual salary fixed by the governor.
(b) The provisions of the Kansas governmental operations accountability law apply to the department of transportation, and the department is subject to audit, review and evaluation under such law.
History: L. 1975, ch. 426, § 1; L. 1981, ch. 299, § 36; L. 1982, ch. 347, § 60; L. 1992, ch. 116, § 45; L. 2001, ch. 86, § 10; L. 2008, ch. 121, § 24; July 1.
History: L. 1975, ch. 426, § 2; L. 1982, ch. 347, § 61; Repealed, L. 2011, ch. 108, § 2; July 1.
History: L. 1975, ch. 426, § 3; L. 1976, ch. 380, § 12; Repealed, L. 2011, ch. 108, § 2; July 1.
(a) On August 15, 1975, the state highway commission created by K.S.A. 74-2001 and the office of director of highways established by K.S.A. 74-2004 shall be and are hereby abolished, and on said date, except as otherwise provided in this act, all of the powers, duties and functions of the state highway commission and the director of highways shall be and are hereby transferred to and conferred and imposed upon the secretary of transportation. Except as otherwise provided in this act, the secretary of transportation shall be the successor in every way to the powers, duties and functions of the state highway commission and director of highways, respectively, in which the same were vested prior to August 15, 1975. The secretary of transportation shall be a continuation of the state highway commission and director of highways, respectively, and every act performed under the authority of the secretary of transportation shall be deemed to have the same force and effect as if performed by the state highway commission or director of highways, respectively, in which such functions were vested prior to August 15, 1975.
(b) Except as otherwise specifically provided in this act or in subsection (d) of K.S.A. 75-5111, on and after August 15, 1975, whenever the state highway 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 secretary of transportation, and whenever any such reference or designation concerns the power and authority of the state highway commission to acquire or dispose of land or any interest in land, the secretary of transportation shall succeed to such power and authority.
(c) On and after August 15, 1975, whenever the director of highways, 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 transportation.
(d) All rules or regulations and all orders or directives of the director of highways or state highway commission, respectively, in existence on August 15, 1975, shall continue to be effective and shall be deemed to be the rules or regulations and orders or directives of the secretary of transportation, until revised, amended, repealed or nullified pursuant to law.
History: L. 1975, ch. 426, § 4; July 1.
The secretary of transportation shall appoint a state transportation engineer, who shall be a licensed professional engineer. The state transportation engineer shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of transportation and approved by the governor. The secretary of transportation also may appoint such other staff assistants and employees as are necessary to enable the secretary to carry out the duties of his or her office. Such staff assistants and employees shall be within the classified service under the Kansas civil service act unless otherwise specifically provided by law. The state transportation engineer and such other staff assistants and employees shall be within the office of the secretary of transportation and shall have such powers, duties and functions as are assigned to them by the secretary or are prescribed by law. Such state transportation engineer, staff assistants and employees shall act for and exercise the powers of the secretary of transportation to the extent authority to do so is delegated by the secretary of transportation.
History: L. 1975, ch. 426, § 5; L. 1978, ch. 332, § 47; July 1.
There is hereby established within and as a part of the department of transportation a division of transportation administration, which shall be administered, under the supervision of the secretary of transportation, by the director of transportation administration, who shall be the chief administrative officer of said division. The director of transportation administration shall be appointed by the secretary of transportation and shall serve at the pleasure of the secretary. The director of transportation administration shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of transportation, with the approval of the state finance council.
History: L. 1975, ch. 426, § 6; July 1.
There is hereby established within and as a part of the department of transportation a division of transportation operations, which shall be administered, under the supervision of the office of the secretary of transportation, by the director of transportation operations, who shall be the chief administrative officer of the division. The director of transportation operations shall be appointed by the secretary of transportation and shall serve at the pleasure of the secretary. The director of transportation operations shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of transportation and approved by the governor.
History: L. 1975, ch. 426, § 7; L. 1981, ch. 346, § 1; L. 1982, ch. 368, § 2; L. 1987, ch. 347, § 3; May 28.
There is hereby established within and as a part of the department of transportation a division of engineering and design, which shall be administered, under the supervision of the office of the secretary of transportation, by the director of engineering and design, who shall be the chief administrative officer of the division. The director of engineering and design shall be appointed by the secretary of transportation and shall serve at the pleasure of the secretary. The director of engineering and design shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of transportation and approved by the governor.
History: L. 1975, ch. 426, § 8; L. 1981, ch. 346, § 2; L. 1982, ch. 368, § 3; L. 1987, ch. 347, § 4; May 28.
There is hereby established within and as a part of the department of transportation a division of planning and development, which shall be administered, under the supervision of the office of the secretary of transportation, by the director of planning and development, who shall be the chief administrative officer of the division. The director of planning and development shall be appointed by the secretary of transportation and shall serve at the pleasure of the secretary. The director of planning and development shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of transportation and approved by the governor.
History: L. 1975, ch. 426, § 9; L. 1982, ch. 368, § 1; L. 1987, ch. 347, § 5; May 28.
There is hereby established within and as a part of the department of transportation a division of aviation, which shall be administered, under the supervision of the office of the secretary of transportation, by the director of aviation, who shall be the chief administrative officer of the division. The director of aviation shall be appointed by the secretary of transportation and shall serve at the pleasure of the secretary. The director of aviation shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of transportation.
History: L. 1975, ch. 426, § 10; L. 1982, ch. 368, § 4; July 1.
Except as otherwise provided in this act, on August 15, 1975, all of the powers, duties and functions of the secretary of economic development relating to aviation are hereby transferred to and conferred and imposed upon the secretary of transportation, and except as otherwise provided in this act, the secretary of transportation shall be the successor in every way to such powers, duties and functions of the secretary of economic development in which the same were vested prior to August 15, 1975. Every act performed in the exercise of such powers, duties and functions under the authority of the secretary of transportation shall be deemed to have the same force and effect as if performed by the secretary of economic development prior to August 15, 1975.
History: L. 1975, ch. 426, § 11; L. 1975, ch. 427, § 251; August 15.
On August 15, 1975, the Kansas turnpike authority created by K.S.A. 68-2003 shall be and is hereby attached to the department of transportation as a part thereof, except that the powers, duties and functions vested in or exercised or performed by said authority pursuant to law shall not be transferred to the secretary of transportation and shall remain the lawful powers, duties and functions of said authority. Persons who are members of the Kansas turnpike authority on August 15, 1975, shall continue to hold such offices under the conditions and limitations provided in K.S.A. 68-2003. Officers and employees of said authority shall not be transferred to the department of transportation as officers and employees thereof, but shall remain as officers and employees of the authority and subject only to the jurisdiction and supervision of the authority. All budgeting, purchasing and related management functions of the authority shall remain under the jurisdiction, supervision and control of the authority under the conditions and limitations prescribed by laws applicable to the authority, and the secretary of transportation shall not exercise any jurisdiction, supervision or control over such functions. To the fullest extent allowed by law, the Kansas turnpike authority shall cooperate with the secretary of transportation so as to achieve maximum coordination in the planning, development and operation of the highway systems in this state.
History: L. 1975, ch. 426, § 12; July 1.
The secretary of transportation and officers of the Kansas City area transportation district and authority compact shall establish a relationship such that the secretary can provide assistance to such compact and such that the secretary is enabled to make appropriate recommendations concerning the functions of such compact.
History: L. 1975, ch. 426, § 13; July 1.
Except as otherwise provided in this act, on August 15, 1975, officers and employees who were engaged immediately prior to said date in the performance of powers, duties and functions of any state agency which becomes a part of the department of transportation or the powers, duties and functions of which are transferred to the secretary of transportation, and who, in the opinion of the secretary of transportation, are necessary to perform the powers, duties and functions of the department of transportation, shall become officers and employees of the department of transportation. 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 August 15, 1975. The service of each such officer and 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 or regulations adopted thereunder.
History: L. 1975, ch. 426, § 14; July 1.
Effective July 1, 1982, officers and employees who, immediately prior to such date, were engaged in the performance of powers or functions which are consolidated, transferred or abolished pursuant to the provisions of this act or K.S.A. 75-5015 and who, in the opinion of the secretary of transportation, are necessary to perform the powers, duties and functions of the department of transportation shall be officers and employees of the department of transportation, and shall retain all retirement benefits and all rights of civil service which such officer or employee had prior to July 1, 1982, 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. 1982, ch. 368, § 5; July 1.
(a) The secretary of transportation may organize the department of transportation in the manner he or she deems most efficient, so long as the same is not in conflict with the provisions of this act or other provisions of law, and he or she may adopt rules or regulations governing the transaction of all business of the department and governing the administration of each of the divisions within the department. The chief administrative officer of each division shall perform such duties and exercise such powers as the secretary of transportation 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 transportation to the extent authority to do so is delegated by the secretary of transportation.
(b) Except as otherwise specifically provided in this act, and subject to the Kansas civil service act, the chief administrative officer of each division shall appoint all subordinate officers and employees of his or her division, subject to the approval of the secretary, and all such subordinate officers and employees shall be within the classified service under the Kansas civil service act. Personnel of each division shall perform such duties and exercise such powers as the chief administrative officer of the division may prescribe and such duties and powers as are designated by law. Personnel of each division shall act for and exercise the powers of the chief administrative officer of their division to the extent authority to do so is delegated by such administrative officer.
History: L. 1975, ch. 426, § 15; July 1.
The secretary of transportation shall appoint a chief attorney for the department of transportation, who shall be in the unclassified service under the Kansas civil service act. The secretary of transportation may appoint additional attorneys to full-time positions within the department of transportation. Such additional attorneys shall be in the classified service under the Kansas civil service act and shall be subject to assignment and reassignment of duty within the department of transportation as may be determined by the chief attorney.
History: L. 1975, ch. 426, § 16; July 1.
(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 abolishment or transfer made by this act, or under authority of this act, such conflict shall be resolved by the governor, with the approval of the state finance council, and such decision shall be final.
(b) In all cases, where, under the provisions of this act, part or all of the powers, duties and functions of any state agency are divided between the secretary of transportation and any other state agency, the department of transportation 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 transportation. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer or abolishment of any state agency, or all or part of the powers, duties and functions thereof, shall be determined by the governor, with the approval of the state finance council, and such decision shall be final.
History: L. 1975, ch. 426, § 17; July 1.
The secretary of transportation may create advisory boards, commissions or committees with the approval of the governor, and members of any such board, commission or committee shall be appointed by the secretary. Any such advisory board, commission or committee so created shall be within the department of transportation as a part thereof. Such advisory boards, commissions or committees shall consult with and advise the secretary or the chief administrative officer of any division designated by the secretary, with reference to the management, control and operation of any programs under the jurisdiction of the department or with reference to any law administered by the department or any division thereof. Members of any advisory board, commission or committee created under authority of this section attending meetings thereof, or attending a subcommittee meeting thereof authorized by such board, commission or committee, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223. All vouchers for expenditures and all payrolls of each of such advisory boards, commissions or committees shall be approved by the presiding officer thereof and the secretary of transportation or a person or persons designated by him or her.
History: L. 1975, ch. 426, § 18; 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 mentioned in this act, 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 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. 1975, ch. 426, § 19; July 1.
History: L. 1975, ch. 426, § 20; Repealed, L. 1989, ch. 209, § 65; July 1.
The secretary of transportation and the department of transportation shall have offices and facilities in Topeka and such other locations throughout the state as are necessary. The engineering testing laboratories at Kansas state university of agriculture and applied science shall be available for the use of the department of transportation at all times.
History: L. 1975, ch. 426, § 21; July 1.
History: L. 1975, ch. 426, § 22; Repealed, L. 1983, ch. 295, § 1; July 1.
The secretary of transportation may apply for, receive and administer any federal funds or other funds now or hereafter made available for highway, road or street purposes or for purposes relating to the various other modes and systems of transportation as shall be provided by law; may plan for the various modes and systems of transportation within this state; and may enter into agreements or compacts, with federal, state or regional agencies, counties, cities, townships, other authorities, individuals, partnerships or corporations.
History: L. 1975, ch. 426, § 23; July 1.
Prior to August 15, 1975, the director of highways or any acting director of highways appointed as successor to such office shall be authorized to expend from the administration accounts of the state highway fund any amounts necessary for expenses incurred by the establishment of a department of transportation, as provided by Laws 1975, ch. 426 [*]. On August 15, 1975, the balance of all funds appropriated and reappropriated to the state highway commission is hereby appropriated to said department of transportation, and on and after said date, all expenditures from the state highway fund for the department of transportation 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 transportation or by a person or persons designated by the secretary.
History: L. 1975, ch. 425, § 1; July 1.
The secretary of transportation pursuant to K.S.A. 75-5023, is hereby authorized to exercise those powers necessary for the state to qualify for rail service continuation subsidies pursuant to the provisions of the railroad revitalization and regulatory reform act of 1976 including authority: (1) To establish a state plan for rail transportation and local rail services; (2) to administer and coordinate the state plan; (3) to provide in the plan for equitable distribution of federal rail service continuation subsidies among state, local and regional transportation authorities; (4) to maintain adequate programs of investigation, research, promotion and development in connection with such purposes and to provide for public participation therein; (5) to provide satisfactory assurance on behalf of the state that such fiscal control of accounting procedures will be adopted by the state as may be necessary to assure proper disbursement of an account for federal funds paid to the state as rail service continuation subsidies; (6) to comply with the regulations of the secretary of transportation and the United States department of transportation affecting federal rail service continuation programs; and (7) to do all things otherwise necessary to maximize federal assistance to the state under title VIII of public law 94-210.
History: L. 1976, ch. 369, § 1; April 27.
The secretary of transportation may accept and utilize federal funds, grants, gifts or donations which are available and any sums that are appropriated, in carrying out the purpose of this act. The secretary of transportation may also apply for discretionary or other funds available under the provisions of the railroad revitalization and regulatory reform act of 1976, or other federal programs.
History: L. 1976, ch. 369, § 2; April 27.
The secretary of transportation may adopt rules and regulations consistent with and for the purpose of adequately implementing the foregoing subdivisions of this act.
History: L. 1976, ch. 369, § 3; L. 1982, ch. 369, § 1; July 1.
History: L. 1978, ch. 363, § 1; Repealed, L. 2013, ch. 113, § 5; July 1.
The railroad rehabilitation loan guarantee fund is hereby established in the state treasury which shall be for the purpose of facilitating the financing, acquisition, rehabilitation of railroads in participation with the federal government to provide rail service in Kansas and for the refinancing thereof. The secretary of transportation shall administer the railroad rehabilitation loan guarantee fund. All expenditures from the railroad rehabilitation loan guarantee 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 transportation or by a person or persons designated by the secretary.
History: L. 1983, ch. 25, § 1; L. 1989, ch. 275, § 2; March 16.
Subject to the provisions of K.S.A. 75-5029, the secretary of transportation shall pay from the railroad rehabilitation loan guarantee fund to the federal railroad administration, or its successor, the amounts for any loan which is in default, which is for the acquisition and rehabilitation of certain railroad facilities by the mid-states port authority from the trustee of the Chicago, Rock Island and Pacific Railway company to provide railroad service in Kansas and which received prior approval by the secretary of transportation, except that the total of all such amounts paid under this section shall not exceed 50% of the loss which would otherwise be assumed by the federal government in the event of default on such loan for such project.
History: L. 1983, ch. 25, § 2; July 1.
For the purpose of facilitating the refinancing of the loan guaranteed by the secretary of transportation in accordance with K.S.A. 75-5030 and amendments thereto, the secretary of transportation is hereby authorized to enter into an agreement with the mid-states port authority and the financial institutions participating in such refinancing to guarantee the repayment of any amounts which are in default on any loan obtained by the mid-states port authority for such refinancing. Such agreement may contain such terms and conditions as the secretary of transportation may deem appropriate to carry out the purposes of this section, except that the total principal amount guaranteed thereby shall not exceed $7,000,000.
History: L. 1989, ch. 275, § 1; March 16.
This act shall be known and may be cited as the Kansas coordinated public transportation assistance act.
History: L. 1989, ch. 259, § 1; L. 1994, ch. 236, § 3; L. 1999, ch. 137, § 18; July 1.
It is declared to be the purpose of this act to provide financial and administrative assistance to transportation systems which provide coordinated transportation services to elderly persons, persons with disabilities and the general public.
History: L. 1989, ch. 259, § 2; L. 1994, ch. 236, § 4; L. 1999, ch. 137, § 19; July 1.
When used in this act:
(a) "Transportation system" means all public and private transportation providers which provide public transportation services to elderly persons, persons with disabilities and the general public, and which receive federal support through 49 U.S.C. §§ 5307, 5310 or 5311 from the U.S. department of transportation, federal transit administration.
(b) "Transportation" means the movement of individuals and meals in a four or more wheeled motorized vehicle designed to carry passengers. Transportation does not include emergency or school transportation.
(c) "Coordination" means where programmatically feasible, all entities involved in administrating and/or providing transportation and related services to elderly persons, persons with disabilities and the general public will work together in a smooth, concerted effort to effectively use resources and alleviate duplication of services.
(d) "Elderly persons" means those persons 60 years of age or older.
(e) "Persons with disabilities" means those persons determined by the department of transportation to be disadvantaged in terms of the transportation services available to them due to physical or mental disability.
(f) "Public transportation services" means those services accessible to elderly persons, persons with disabilities and the general public.
(g) "Department" means the Kansas department of transportation.
(h) "Secretary" means the secretary of the department of transportation or designee.
History: L. 1989, ch. 259, § 3; L. 1994, ch. 236, § 5; L. 1999, ch. 137, § 20; July 1.
(a) There is hereby established in the state treasury the coordinated public transportation assistance fund. Any expenditures from the fund shall be for the coordinated development, improvement or maintenance of transportation systems for elderly persons, persons with disabilities or the general public 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 secretary of transportation or by a person designated by the secretary.
(b) (1) On July 1, 1999, and each July 1 thereafter through July 1, 2012, the director of accounts and reports shall transfer $6,000,000 from the state highway fund to the coordinated public transportation assistance fund.
(2) On July 1, 2013, and each July 1 thereafter, the director of accounts and reports shall transfer $11,000,000 from the state highway fund to the coordinated public transportation assistance fund. The secretary is hereby authorized to transfer additional moneys to the coordinated public transportation assistance fund from the state highway fund and moneys from the coordinated public transportation assistance fund to the state highway fund. In no event shall the amount remaining in the fund and the amount spent or dedicated for grants or projects for public transportation in each fiscal year fall below $11,000,000.
History: L. 1989, ch. 259, § 4; L. 1994, ch. 236, § 6; L. 1999, ch. 137, § 21; L. 2010, ch. 156, § 29; L. 2020, ch. 8, § 10; July 1.
The secretary shall develop a plan establishing guidelines for the implementation of this act.
History: L. 1989, ch. 259, § 5; July 1.
(a) The secretary shall administer and allocate funds appropriated under this act for the purpose of providing financial and administrative assistance to transportation systems.
(b) The secretary shall determine the eligibility of each applicant.
The following criteria shall be used in determining eligibility:
(1) Whether the proposal serves the transportation needs of elderly persons, persons with disabilities and the general public of the proposed service area;
(2) whether resources for transportation services are utilized in an effective and efficient manner;
(3) whether duplicative and inefficient administrative costs and transportation services are avoided.
(c) No more than 1% of the funds provided under this act shall be expended for administrative purposes.
History: L. 1989, ch. 259, § 6; L. 1994, ch. 236, § 7; L. 1999, ch. 137, § 22; July 1.
(a) Upon notice that no concerted effort toward coordination has been undertaken within a geographic area, the department shall withhold funds allocated under this act.
(b) The secretary shall establish an appeal process to allow those areas determined not to be in compliance, or those agencies dissatisfied with the recommendations of their respective area councils, an opportunity for a timely hearing before the secretary, according to the administrative procedure act.
History: L. 1989, ch. 259, § 7; July 1.
(a) The secretary of transportation is authorized to enter into all contracts and agreements necessary to cooperate with the various departments of transportation among the states for the purpose of issuing multi-state special permits consistent with the provisions of K.S.A. 8-1911, and amendments thereto. The secretary is authorized to accept, as agent for the various departments of transportation who are parties to any such agreement, fees for each special permit issued for travel through and upon the highways of any such state. The fees collected by the secretary 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 highway special permit fund which is hereby created. All expenditures from the highway special permit 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 transportation or the secretary's designee.
(b) The secretary may adopt rules and regulations necessary to carry out the provisions of this section.
History: L. 1990, ch. 33, § 1; L. 2001, ch. 5, § 394; July 1.
The legislature finds and determines that integrated systems, including railways, highways and airways, are necessary in order to meet the economic and energy needs of the citizens of the state, both now and in the future. The legislature finds that a portion of the present railroad system in the state does not provide adequate service to citizens of the state. The legislature further finds and determines that it is in the best interest of the state to establish a rail service assistance program in order to preserve and revitalize essential rail service in the state.
History: L. 1991, ch. 149, § 1; May 30.
There is hereby established the rail service assistance program to provide assistance for the preservation and revitalization of rail service in the state, including the guarantee of loans pursuant to K.S.A. 75-5046.
History: L. 1991, ch. 149, § 2; May 30.
There is hereby established the rail service assistance program advisory committee hereinafter referred to as the advisory committee. The advisory committee shall be advisory to the secretary of transportation.
History: L. 1991, ch. 149, § 3; May 30.
The advisory committee shall consist of nine members appointed by the governor as follows:
(a) Two shall be rail shippers;
(b) two shall be representatives of railroad management, one shall represent a class I railroad and one shall represent a regional or short line railroad;
(c) two shall represent railroad labor, one shall be an employee of a class I railroad and one shall be an employee of a regional or short line railroad; and
(d) three shall represent the general public. A person appointed to fill a vacancy which occurs prior to the expiration of a term shall be appointed for the unexpired term. Each member of the advisory committee shall be appointed for a three-year term.
History: L. 1991, ch. 149, § 4; May 30.
(a) The advisory committee shall organize annually by the election from its membership of a chairperson and a secretary. The advisory committee may adopt such rules of procedure as the committee deems necessary for the conduct of business.
(b) The advisory committee 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 committee attending meetings of such committee shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto.
History: L. 1991, ch. 149, § 5; May 30.
The advisory committee shall have the following functions, powers and duties:
(a) To assist the secretary of transportation in setting priorities under the rail service assistance program; and
(b) to provide such advice and assistance as the secretary of transportation deems necessary in carrying out the provisions of the rail service assistance program.
History: L. 1991, ch. 149, § 6; May 30.
(a) Subject to the provisions of subsection (f), the secretary of transportation is hereby authorized upon application by a qualified entity and its lender to enter into an agreement to guarantee the repayment of loans made for the purpose of facilitating the financing, acquisition or rehabilitation of railroads in the state of Kansas.
(b) Such agreement may contain such terms and conditions as the secretary of transportation may deem appropriate to carry out the purposes of this section, except that the aggregate unpaid principal amount of obligations guaranteed thereby shall not exceed $20,000,000 of which not more than $5,000,000 may be available each fiscal year. Any loan guaranteed by the secretary of transportation pursuant to this section, at a minimum, shall meet the following requirements:
(1) The ratio of benefits to costs for any project funded by such guaranteed loan shall be greater than one. The benefit/cost methodology to be used for this determination shall be the most recent standard benefit/cost methodology approved by the federal railroad administration of the United States department of transportation;
(2) the qualified entity shall demonstrate that it is financially sound and capable of fulfilling all obligations created by the proposed loan guarantee agreement; and
(3) the qualified entity shall demonstrate that adequate funding for the proposed project is not otherwise available, on terms that would make the proposed project financially feasible, in the absence of a state loan guarantee.
(c) Prior to any loan being guaranteed under the provisions of this section, the secretary of transportation shall make a determination as to whether the guaranteeing of such loan would adversely affect the rating of any bonds issued and outstanding or authorized to be issued. If the guaranteeing of such loan would adversely affect the rating of such bonds, the secretary of transportation shall not guarantee such loan. Such determination shall be documented in writing by the secretary of transportation.
(d) The secretary of transportation may adopt rules and regulations consistent with and for the purpose of implementing the provisions of this section, including the priorities contained in subsection (a) of K.S.A. 75-4045, and amendments thereto.
(e) "Qualified entity" means any interstate commerce commission certificated railroad, a port authority established in accordance with Kansas laws, or any entity meeting the rules and regulations established by this section.
(f) The secretary of transportation shall not enter into any agreement to guarantee a loan under the provisions of this section unless such action has been authorized by 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 by subsection (c) of K.S.A. 75-3711c, and amendments thereto, except that such approval may also be given when the legislature is in session.
History: L. 1991, ch. 149, § 7; L. 1999, ch. 137, § 23; July 1.
(a) The rail service assistance program loan guarantee fund is hereby established in the state treasury which shall be for the purpose of facilitating the financing, acquisition and rehabilitation of railroads pursuant to the rail service assistance program in K.S.A. 75-5040 through 75-5047 and for the refinancing thereof. The secretary of transportation shall administer the rail service assistance program loan guarantee fund. All expenditures from the rail service assistance program loan guarantee 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 transportation or by a person or persons designated by the secretary.
(b) The secretary of transportation shall pay from the rail service assistance program loan guarantee fund to a lender of a qualified entity, the amounts for any loan which is in default, which is for the financing, acquisition or rehabilitation of railroads pursuant to the provisions of K.S.A. 75-5046.
History: L. 1991, ch. 149, § 8; May 30.
(a) The secretary of transportation is hereby authorized to make loans or grants to a qualified entity for the purpose of facilitating the financing, acquisition, qualified track maintenance or rehabilitation of railroads and rolling stock in the state of Kansas.
(b) Such loans or grants shall be made upon such terms and conditions as the secretary may deem appropriate, and such loans or grants shall be made from funds credited to the rail service improvement fund.
(c) The rail service improvement fund is hereby established in the state treasury which shall be for the purpose of facilitating the financing, acquisition, qualified track maintenance and rehabilitation of railroads pursuant to subsection (a) and for the refinancing thereof. The secretary shall administer the rail service improvement fund. All expenditures from the rail service improvement 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.
(d) All moneys received from the federal government pursuant to K.S.A. 75-5026, 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 rail service improvement fund.
(e) The management and investment of the rail service improvement fund shall be in accordance with K.S.A. 68-2324, and amendments thereto. Notwithstanding anything to the contrary, all interest or other income of the investments, after payment of any management fees, shall be considered income of the rail service improvement fund.
(f) On July 1, 2023, and each July 1 thereafter, the director of accounts and reports shall transfer $10,000,000 from the state highway fund to the rail service improvement fund. The secretary is hereby authorized to transfer moneys from the state highway fund to the rail service improvement fund or from the rail service improvement fund to the state highway fund. In no event shall the amount remaining in the rail service improvement fund and the amount spent or dedicated for loans or grants in each fiscal year be less than $10,000,000.
(g) As used in this section:
(1) (A) "Qualified entity" means:
(i) Any surface transportation board-certificated class II or class III railroad as defined in 49 C.F.R. § 1201.1-1(a), as in effect on July 1, 2023;
(ii) a port authority established in accordance with Kansas laws;
(iii) any entity meeting the rules and regulations established by K.S.A. 75-5050, and amendments thereto; or
(iv) any owner or lessee industry track, as defined in 49 C.F.R. § 218.93, as in effect on July 1, 2023, located on or adjacent to a class II or class III railroad in the state of Kansas.
(B) "Qualified entity" does not include a class I railroad as defined in 49 C.F.R. § 1201.1-1(a), as in effect on July 1, 2023.
(2) "Qualified track maintenance" means gross expenditures for the maintenance, reconstruction or replacement of railroad track, including roadbed, bridges, industrial leads and side track, and related track structures to the extent the expenditures are on track located in the state of Kansas and such track was owned or leased by a qualified entity, as defined in paragraph (1)(D) or (E)* as of July 1, 2023.
History: L. 1991, ch. 149, § 9; L. 1999, ch. 137, § 24; L. 2001, ch. 5, § 395; L. 2006, ch. 108, § 2; L. 2010, ch. 156, § 30; L. 2011, ch. 28, § 1; L. 2020, ch. 8, § 11; L. 2023, ch. 53, § 1; July 1.
The secretary in making any loan or grants pursuant to K.S.A. 75-5048, and amendments thereto, may:
(a) Stipulate minimum operating standards for rail lines designed to achieve reasonable transportation service for shippers and to achieve best use of funds invested in rail line rehabilitation;
(b) require a portion of the total assistance for improving a rail line to be loaned to the railroad by rail users and require the railroad to reimburse rail users for any loan on the basis of use of the line and the revenues produced when the line has been improved;
(c) determine the terms and conditions under which all or any portion of funds loaned shall be repaid to the department of transportation by the railroads. Reimbursement may be made as a portion of the increased revenue derived from the improved rail line. Any reimbursement received by the department 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 rail service improvement fund and shall be appropriated exclusively for the rehabilitation of other rail lines in the state pursuant to K.S.A. 75-5048, and amendments thereto.
(d) The secretary may enter into loan or grant agreements with any entity which is a qualified entity pursuant to K.S.A. 75-5048, and amendments thereto, for payment of all or part of a project's costs. Any governmental unit that is a qualified entity and in coordination with the railroad providing service, may enter into such an agreement and may accept such assistance when so authorized by its governing body.
(e) Upon the failure of a governmental unit, which is a qualified entity, to meet the repayment terms and conditions of a loan agreement under this section, the secretary may order the state treasurer to pay to the rail service improvement fund the portion of such governmental unit's share of the special city and county highway fund as may be necessary to meet the terms of the loan agreement.
(f) Any loans received by a governmental unit under the provisions of K.S.A. 75-5048 through 75-5050, and amendments thereto, shall be construed to be bonds for the purpose of K.S.A. 10-1116, and amendments thereto, and the amount of such loans shall not be included within any limitation on the bonded indebtedness of the governmental unit.
History: L. 1991, ch. 149, § 10; L. 2001, ch. 5, § 396; L. 2011, ch. 28, § 2; July 1.
The secretary of transportation may adopt rules and regulations for the purpose of implementing the provisions of K.S.A. 75-5048 and 75-5049.
History: L. 1991, ch. 149, § 11; May 30.
K.S.A. 75-5051 through 75-5058 shall be known and may be cited as the Kansas coordinated transit districts act.
History: L. 1992, ch. 105, § 2; July 1.
The purpose of the act is to authorize the department to establish coordinated transit districts to enhance coordination and management of state and federal passenger transportation funds. The established coordinated transit districts shall be the designated recipients of funds distributed for operation of transit services from 49 U.S.C. § 5310 (previously section 16), 49 U.S.C. § 5311 (previously section 18), or state funds designated for rural public and specialized transportation services. Establishment of coordinated transit districts is not intended to create an employment relationship between coordinated transit districts or individual transportation service providers and the state of Kansas.
History: L. 1992, ch. 105, § 3; L. 1996, ch. 99, § 1; July 1.
When used in this act:
(a) "Transportation" means the movement of individuals in a four or more-wheeled motorized vehicle designed to carry passengers. Transportation does not include emergency or school transportation.
(b) "Nonurbanized area" designates any city or county with a population of less than 50,000 population.
(c) "Rural transportation system" means all public and private transportation agencies which provide transportation services in nonurbanized portions of the state and which receive federal support through 49 U.S.C. § 5310, 49 U.S.C. § 5311 from the United States department of transportation, federal transit administration, or from the Kansas coordinated public transportation assistance act, or from both.
(d) "Specialized transportation system" means all public and private transportation agencies which provide transportation services to elderly persons or persons with disabilities and which receive federal support through 49 U.S.C. § 5310 from the United States department of transportation, federal transit administration, or the Kansas coordinated public transportation assistance act, or from both.
(e) "Coordinated transit district" means a public or private not-for-profit agency with an established purpose to distribute funds and monitor implementation of passenger transportation services in a designated area of the state.
(f) "Administrator" means the agency selected to receive funds from the department for provision of transportation services in the designated area.
(g) "Elderly person" means those persons 60 years of age or older.
(h) "Persons with disabilities" means those persons determined by the department of transportation to be disadvantaged in terms of the transportation services available to them due to physical or mental disability.
(i) "Coordination" means where programmatically feasible, all entities involved in administrating or providing transportation and related services to elderly persons, persons with disabilities and the general public will work together in a smooth, concerted effort to effectively use resources and alleviate duplication of services.
(j) "Department" means the Kansas department of transportation.
(k) "Secretary" means the secretary of the department of transportation.
History: L. 1992, ch. 105, § 4; L. 1994, ch. 236, § 8; L. 1996, ch. 99, § 2; L. 1999, ch. 137, § 25; July 1.
The department is authorized to establish coordinated transit districts in the state. Responsibilities of the coordinated transit districts shall include:
(a) Contracting with the department for receipt of funds which will enhance transportation coordination in the district;
(b) subcontracting with eligible agencies for provision of transportation; and
(c) monitoring the provision of transportation services in the district to ensure compliance with applicable federal and state laws and regulations.
History: L. 1992, ch. 105, § 5; L. 1996, ch. 99, § 3; July 1.
The secretary shall develop a plan establishing guidelines for the implementation of this act.
History: L. 1992, ch. 105, § 6; July 1.
(a) The secretary shall establish coordinated transit districts for the purpose of providing financial and administrative assistance to transportation systems.
(b) The secretary shall determine the eligibility of each agency to serve as coordinated transit district administrator. The following criteria shall be used in determining eligibility:
(1) Whether the proposal serves the transportation needs of elderly persons, persons with disabilities and the general public of the proposed district;
(2) whether resources for transportation services are utilized in an effective and efficient manner; and
(3) whether the proposal is consistent with the statewide coordinated transit district plan.
(c) The secretary shall administer and allocate funds to qualified coordinated transit district administrators, consistent with the statewide coordinated transit district plan.
History: L. 1992, ch. 105, § 7; L. 1996, ch. 99, § 4; L. 1999, ch. 137, § 26; July 1.
On and after July 1, 1995, any recipient of federal or state grants to provide rural public or specialized transportation services shall be required to become a part of a coordinated transit district prior to July 1, 1995, to continue to be eligible to receive such federal or state grants.
History: L. 1992, ch. 105, § 8; July 1.
The secretary shall establish an appeal process to allow agencies dissatisfied with the recommendations for distribution of funds recommended by the coordinated transit district administrator an opportunity for a timely hearing, before the secretary, according to the administrative procedure act.
History: L. 1992, ch. 105, § 9; July 1.
(a) The secretary of transportation is hereby authorized and empowered to: (1) Solicit and receive moneys from any public or private sources; and (2) establish and administer a grant program for public use general aviation airports for the purpose of planning, constructing, reconstructing or rehabilitating the facilities of such public use general aviation airports.
(b) Such grants shall be made upon such terms and conditions as the secretary deems appropriate, and such grants shall be made from funds credited to the public use general aviation airport development fund.
(c) The public use general aviation airport development fund is hereby established in the state treasury which shall be for the purpose of planning, constructing, reconstructing or rehabilitating the facilities of public use general aviation airports pursuant to subsection (a) of this section. All moneys received pursuant to subsection (a) shall be remitted to the state treasurer at least monthly and deposited in the state treasury to the credit of the public use general aviation airport development fund. The secretary shall administer the public use general aviation airport development fund. All expenditures from the public use general aviation airport development 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.
(d) On July 1, 2024, and each July 1 thereafter, the director of accounts and reports shall transfer $15,000,000 from the state highway fund to the public use general aviation airport development fund. The secretary is hereby authorized to transfer additional moneys to the public use general aviation airport development fund from the state highway fund, and moneys from the public use general aviation airport development fund to the state highway fund. In no event shall the amount remaining in the public use general aviation airport development fund and the amount spent or dedicated for grants in each fiscal year be less than $15,000,000.
(e) As used in this section, "public use general aviation airport" means any airport available for use by the general public for the landing and taking off of aircraft, but shall not include any airport classified as a primary airport by the federal aviation administration.
(f) The secretary may adopt rules and regulations for the purpose of implementing the provisions of this section.
History: L. 1994, ch. 191, § 1; L. 1999, ch. 137, § 27; L. 2010, ch. 156, § 31; L. 2020, ch. 8, § 12; L. 2024, ch. 57, § 1; July 1.
The secretary of transportation is authorized to pay from the highway fund losses incurred by department of transportation employees resulting from the theft of the employee's tools or equipment when taken from a department facility or vehicle. Payment shall be allowed only in circumstances where the employee's supervisor or department policy requires the employee to furnish the tools or equipment as a condition of employment. No payment shall be allowed where the secretary finds that the employee's negligence was the primary cause of the loss or where covered by insurance, except payment can be made to cover any deductible. This section is separate and independent from any other authority the secretary may have to pay losses or claims.
History: L. 1998, ch. 63, § 1; July 1.
The secretary of transportation is hereby authorized to establish a transportation revolving fund to provide assistance to governmental units for transportation projects. The secretary may authorize the creation of separate accounts within the transportation revolving fund with respect to major highway enhancement projects.
History: L. 1999, ch. 137, § 2; L. 2010, ch. 156, § 32; June 3.
As used in K.S.A. 75-5063 through 75-5069, and amendments thereto:
(a) "Cost" means as applied to any qualified project, any or all costs, whenever incurred, approved by the department, for carrying out a qualified project;
(b) "department" means the Kansas department of transportation established under K.S.A. 75-5001, and amendments thereto;
(c) "fund" means the Kansas transportation revolving fund established by K.S.A. 75-5066, and amendments thereto, including one or more of the separate accounts within such fund;
(d) "governmental unit" means any town, city, district, county, commission, agency, authority, board or other instrumentality of the state or of any of its political subdivisions, including any combination thereof, which is responsible for the construction, ownership or operation of a qualified project;
(e) "major highway enhancement project" means a highway project determined by the secretary to be of local, regional or statewide economic significance, including, but not limited to, the construction of new highways, construction of additional traffic lanes, improved access control, corridor improvements, construction, reconstruction or improvement of highway interchanges that have not been developed, have been under-developed or are unlikely to be developed in the absence of governmental assistance;
(f) "private enterprise" means a private person or entity that has entered into a contract with a public authority to design, finance, construct and/or operate a qualified project that is within the jurisdiction of such public authority;
(g) "project" means the acquisition, construction, improvement, repair, rehabilitation, maintenance or extension of transportation projects;
(h) "project costs" means all costs or expenses which are necessary or incident to a project and which are directly attributable thereto;
(i) "project revenues" means all rates, rents, fees, assessments, charges and other receipts derived or to be derived by a qualified borrower from a qualified project;
(j) "qualified borrower" means any governmental unit or private enterprise which is authorized to construct, operate or own a qualified project;
(k) "qualified project" means any public or private transportation project, including, without limitation, the construction, reconstruction, resurfacing, restoration, rehabilitation or replacement of public or private transportation projects within the state;
(l) "revenues" means when used with respect to the department, any receipts, fees, revenues or other payments received or to be received by the department under K.S.A. 75-5063 through 75-5069, and amendments thereto;
(m) "secretary" means the secretary of the Kansas department of transportation;
(n) "transportation project" means any bridge, culvert, highway, road, street, major highway enhancement project or combination thereof.
History: L. 1999, ch. 137, § 3; L. 2010, ch. 156, § 33; June 3.
(a) The secretary shall administer the provisions of K.S.A. 75-5063 through 75-5069 and shall be responsible for the administration and management of the fund, and shall have the power to enter into agreements and contracts and to transfer money between the state highway fund and the fund as required to effect the purposes of K.S.A. 75-5063 through 75-5069.
(b) The secretary shall adopt rules and regulations, to carry out the purposes and provisions of K.S.A. 75-5063 through 75-5069.
History: L. 1999, ch. 137, § 4; July 1.
(a) There is hereby established in the state treasury a fund to be known as the Kansas transportation revolving fund which shall consist of the following:
(1) Amounts appropriated or otherwise made available by the legislature for the purposes of the fund;
(2) the proceeds, if any, from the sale of bonds issued pursuant to K.S.A. 75-5067 for the purposes of the fund to the extent provided in any agreement entered into between the secretary and the Kansas development finance authority;
(3) amounts of repayments made by qualified borrowers of loans received under K.S.A. 75-5063 through 75-5069, together with payments of interest thereon, in accordance with agreements entered into between such qualified borrowers and the secretary;
(4) amounts earned on moneys in the fund;
(5) amounts contributed or otherwise made available by any public or private entity for use in effectuating the purposes of the fund; and
(6) amounts transferred by order of the secretary from the state highway fund.
(b) Subject to the provisions of K.S.A. 75-5063 through 75-5069, expenditures from the fund shall be made for the following purposes:
(1) For the payment of the principal, including sinking fund payments of and premium, if any, and interest on bonds issued pursuant to K.S.A. 75-5063 through 75-5069;
(2) for providing financial assistance to qualified borrowers to finance qualified projects;
(3) for the maintenance of, or provision for, any reserves, additional security, insurance or other form of credit enhancement to secure such bonds required or provided for in any trust agreement entered into pursuant to K.S.A. 75-5063 through 75-5069;
(4) to guarantee, purchase insurance or provide other credit enhancement for bonds of qualified borrowers issued to finance the costs of qualified projects;
(5) to provide reserves for or otherwise secure bonds issued pursuant to K.S.A. 75-5063 through 75-5069 and to provide insurance or other credit enhancement for such bonds;
(6) to provide reserves for, or to otherwise secure, amounts payable by qualified borrowers on loans made by and leases with the department in the event of default by a particular qualified borrower or, on a parity basis, by any qualified borrower;
(7) to provide a subsidy for, or to otherwise assist, qualified borrowers in the payment of debt service costs on loans made by the department hereunder;
(8) for administrative costs of the fund or for any of the foregoing; and
(9) the transfer of money by order of the secretary to the state highway fund.
History: L. 1999, ch. 137, § 5; July 1.
The activities of the department in administering and performing the powers, duties and functions prescribed by the provisions of K.S.A. 75-5063 through 75-5069 are hereby approved for the purposes of subsection (b) of K.S.A. 74-8905, and amendments thereto, and the authorization of issuance of 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. 1999, ch. 137, § 6; July 1.
(a) Qualified borrowers which desire assistance in the form of a loan, credit enhancement or grant under K.S.A. 75-5063 through 75-5069 shall submit an application therefor to the secretary. Applications shall be in such form and shall include such information as the secretary shall require and shall be submitted in a manner and at a time to be determined by the secretary.
(b) The secretary may enter into agreements with any qualified borrower for payment of all or a part of project costs and any governmental unit may enter into such an agreement and may accept such assistance when so authorized by its governing body.
(c) The secretary shall provide any governmental unit, upon its request, with technical advice and assistance regarding a project or an application for assistance. The secretary may assess reasonable fees for providing such assistance.
History: L. 1999, ch. 137, § 7; July 1.
(a) Upon the failure of a governmental unit to meet the repayment terms and conditions of an agreement, the secretary may order the state treasurer to pay to the fund such portion of the governmental unit's share of the special city and county highway fund as may be necessary to meet the terms of the agreement.
(b) Any loans received by a governmental unit under the provisions of K.S.A. 75-5063 through 75-5069 shall be construed to be bonds for the purposes of K.S.A. 10-1116 and 79-5028, and amendments thereto, and the amount of such loans shall not be included within any limitation on the bonded indebtedness of the governmental unit.
History: L. 1999, ch. 137, § 8; July 1.
(a) On and after the effective date of this act, the secretary of the department of transportation shall conduct and analyze noise studies when the secretary participates in highway reconstruction projects which add through traffic lanes.
(b) State highway funds may be used for noise abatement measures when it is determined by the secretary that the overall noise abatement benefits outweigh the overall adverse social, economic and environmental effects and the costs of the noise abatement measures.
(c) The secretary of the department of transportation may adopt rules and regulations necessary for the implementation of the provisions of this section.
History: L. 1999, ch. 137, § 41; July 1.
The provisions of K.S.A. 75-5071 and 75-5072, and amendments thereto, shall be known as and may be cited as the governors of Kansas hometown heritage act.
History: L. 2004, ch. 86, § 1; July 1.
(a) As used in this section:
(1) "Qualified hometown" means a city or unincorporated community that is a governor's hometown as defined by this section and which has satisfied the requirements of this section; and
(2) "governor's hometown" means the city or unincorporated community listed in the election records of the secretary of state as the residence of a successful candidate for governor of the state of Kansas the first time such candidate was elected governor.
(b) For all qualified hometowns, the secretary of the Kansas department of transportation shall install governor's hometown signs at all appropriate locations near the city limits of a city or the edges of an unincorporated community.
The secretary of transportation shall install such governors' hometown signs only if:
(1) The governing body of the city or the board of county commissioners for the unincorporated community has adopted a resolution requesting the installation of such signs;
(2) the city or unincorporated community is located on a highway which is part of the state highway system; and
(3) the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the initial cost of installing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs.
The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing governors' hometown signs.
(c) The secretary of transportation, or the secretary's designee, shall design the governors' hometown signs. The size, shape, color, design and content of such signs shall be distinctive and shall be determined by the secretary of transportation, except that such signs shall include: (1) The name of the city or unincorporated community; (2) the governor's hometown logo; and (3) an indication that such city or unincorporated community is the hometown of one or more governors of Kansas, the name of each governor of Kansas whose hometown is such city or unincorporated community, the numerical designation of each such governor in the succession of governors of Kansas and the years each such governor served as governor of Kansas.
(d) The secretary of commerce, or the secretary's designee, shall conduct a competition for the design of the governor's hometown logo. The logo shall include a representation of the dome of the state capitol building. In organizing and conducting such competition, the secretary of commerce shall consult with and cooperate with the executive director of the state historical society, the director of the Kansas creative arts industries commission, Kansas humanities council and such other agencies, persons or organizations as the secretary finds appropriate.
(e) The governing body of any city or the board of county commissioners for any unincorporated community, not located on a highway which is part of the state highway system, may request a governor's hometown sign from the secretary of transportation which meets the design specifications of subsection (c). Such city or unincorporated community shall reimburse the secretary for the cost of such sign and shall be responsible for the installation, repair, maintenance or replacement of such sign.
(f) (1) The governing body of any city or the board of county commissioners for any unincorporated community which was a territorial capital of Kansas, may request a territorial governor's sign from the secretary of transportation, subject to the same procedure, conditions and limitations contained in subsections (b) and (e).
(2) The secretary of transportation, or the secretary's designee, shall design the territorial governor's signs. The size, shape, color, design and content of such signs shall be distinctive and shall be determined by the secretary of transportation, except that such signs shall include: (1) The name of the city or unincorporated community; and (2) an indication that such city or unincorporated community was a territorial capital of Kansas, the name of each territorial governor of Kansas who served in such territorial capital, the numerical designation of each such governor in the succession of governors of Kansas and the years each such governor served as territorial governor of Kansas.
History: L. 2004, ch. 86, § 2; L. 2012, ch. 111, § 11; July 1.
As used in this act:
(a) "Communication system" means a system of communications to support the purposes of the department and public safety agencies.
(b) "Communication system equipment" means equipment necessary to use, implement, support and maintain the communication system, including, but not limited to, radio towers.
(c) "Department" means the Kansas department of transportation.
(d) "Fund" means the Kansas communication system revolving fund established by K.S.A. 75-5075, and amendments thereto.
(e) "Public safety agency" means any governmental agency providing law enforcement, emergency management, fire fighting, ambulance, emergency medical or other emergency services.
(f) "Revenues" means any receipts, fees, revenues or other payments received or to be received by the department under this act.
(g) "Secretary" means the secretary of the Kansas department of transportation.
History: L. 2004, ch. 17, § 1; April 8.
(a) The secretary may:
(1) Purchase communication system equipment for the purpose of leasing such equipment to public safety agencies;
(2) lease communication system equipment, and access to such equipment, to public safety agencies; and
(3) lease access to communication system equipment to governmental and nongovernmental entities, to the extent such access is not required by the department or public safety agencies.
(b) The secretary shall establish prices for leasing communication system equipment and access to such equipment pursuant to this act. Prices for governmental entities shall recover actual incremental costs of administration, equipment, installation and maintenance for each lessee. Prices for leasing access to such equipment to nongovernmental entities shall be at prevailing rates so as to minimize competition with private business.
History: L. 2004, ch. 17, § 2; April 8.
(a) There is hereby established in the state treasury the communication system revolving fund. The secretary shall remit to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys received by the secretary pursuant to this act. Upon receipt of the remittance, the state treasurer shall deposit the entire amount in the state treasury and credit it to the fund.
(b) The fund shall consist of:
(1) All lease payments received by the secretary pursuant to this act, in accordance with agreements entered into between lessees and the secretary;
(2) amounts appropriated or otherwise made available by the legislature for the purposes of the fund;
(3) the proceeds, if any, from the sale of bonds issued pursuant to this act for the purposes of the fund, to the extent provided in any agreement entered into between the secretary and the Kansas development finance authority;
(4) interest earned on moneys in the fund;
(5) amounts contributed or otherwise made available by any public or private entity, including the federal government, for use in effectuating the purposes of the fund; and
(6) amounts transferred by order of the secretary from the state highway fund.
(c) Subject to the provisions of this act, expenditures from the fund shall be made for the following purposes:
(1) To purchase, maintain and administer the communication system;
(2) to purchase communication system equipment to lease to public safety agencies;
(3) for the payment of the principal of bonds issued pursuant to this act, including sinking fund payments or payments to any other required reserves, and the premium, if any, and interest on such bonds;
(4) for the maintenance of, or provision for, any reserves, additional security, insurance or other form of credit enhancement to secure such bonds required or provided for in any trust agreement entered into pursuant to this act;
(5) to provide reserves for or otherwise secure bonds issued pursuant to this act and to provide insurance or other credit enhancement for such bonds;
(6) for administrative costs of the fund or for any of the foregoing; and
(7) the transfer of money by order of the secretary to the state highway fund.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the communication system revolving fund interest earnings based on:
(1) The average daily balance of moneys in the communication system revolving fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(e) All expenditures from the communication system revolving 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 for the purposes set forth in this section.
History: L. 2004, ch. 17, § 3; April 8.
(a) The secretary shall administer the provisions of this act and shall be responsible for the administration and management of the fund. The secretary shall have the power to enter into agreements and contracts and to transfer money between the state highway fund and the fund as required to effect the purposes of this act.
(b) The secretary shall adopt rules and regulations, to carry out the purposes and provisions of this act.
History: L. 2004, ch. 17, § 4; April 8.
The activities of the secretary in administering and performing the powers, duties and functions prescribed by the provisions of this act and in acquiring financing for acquisition of equipment for the implementation and maintenance of the communication system are hereby approved for the 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 authority 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. 2004, ch. 17, § 5; April 8.
(a) Except as otherwise provided by law, all of the powers, duties and functions of the state corporation commission as it relates to railroads are hereby transferred to and conferred and imposed upon the Kansas department of transportation.
(b) All rules and regulations of the state corporation commission referencing railroads in existence on the date of passage of this act shall be reviewed by the Kansas department of transportation prior to July 1, 2005. Any such rules and regulations which the Kansas department of transportation does not notify the state corporation commission to retain shall be revoked by the state corporation commission prior to the effective date of this act. Any rules and regulations which the Kansas department of transportation notified the state corporation commission to retain shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the Kansas department of transportation until revised, amended, revoked or nullified pursuant to law.
(c) When any conflict arises as to the disposition of any power, function or duty in relation to the transfer of this authority, such conflict shall be resolved by the governor, whose decision shall be final.
(d) The Kansas department of transportation shall take custody of all state corporation commission records, memoranda, writings, entries, prints, representations or combinations thereof relating to railroads. Any conflict as to the proper disposition of records arising under this section and resulting from the transfer shall be determined by the governor, whose decision shall be final.
(e) 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 the 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.
(f) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 2005, ch. 21, § 1; July 1.
(a) The secretary of transportation shall compile and maintain a current listing of all signs that are available for the purposes of increasing tourism or economic development. The listing shall contain a description of the program and the requirements for obtaining a sign under such program.
(b) The secretary of transportation shall publish the information required under subsection (a) at least annually.
History: L. 2006, ch. 141, § 9; July 1.
There is hereby created in the state treasury the traffic records enhancement fund. All moneys credited to the traffic records enhancement fund shall be used by the department of transportation for the purpose of enhancing and upgrading the traffic records systems in the state. All expenditures from traffic records enhancement 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 transportation or the secretary's designee.
History: L. 2007, ch. 140, § 13; April 26.
The secretary of transportation is hereby authorized to establish an intermodal transportation revolving fund to provide assistance to governmental units for intermodal transportation projects.
History: L. 2009, ch. 78, § 1; April 23.
As used in K.S.A. 75-5081 through 75-5087, and amendments thereto:
(a) "Cost" means as applied to any qualified project, any or all costs, whenever incurred, approved by the department, for carrying out a qualified project;
(b) "department" means the department of transportation, established under K.S.A. 75-5001, and amendments thereto;
(c) "fund" means the Kansas intermodal transportation revolving fund established by K.S.A. 75-5084, and amendments thereto;
(d) "governmental unit" means any town, city, district, county, commission, agency, authority, board or other instrumentality of the state or of any of its political subdivisions, including any combination thereof, which has a qualified project located within the boundaries of such entity or within the jurisdiction of such entity;
(e) "intermodal facility" means land, improvements, personal property and fixtures developed primarily to handle the transfer, storage and distribution of freight through railway and trucking operations with a cost in excess of $150,000,000;
(f) "intermodal transportation area" means an area including an intermodal facility and such additional area certified by the secretary to be impacted by such intermodal facility;
(g) "intermodal transportation project" means any bridge, culvert, highway, road, street, underpass, railroad crossing or combination thereof located within an intermodal transportation area;
(h) "private enterprise" means a private person or entity that has entered into a contract with a governmental unit to design, finance, construct or operate a qualified project that is within the jurisdiction of such public authority;
(i) "project" means the acquisition, construction, improvement, repair, rehabilitation, maintenance or extension of transportation facilities;
(j) "project costs" means all costs or expenses which are necessary or incident to a qualified project and which are directly attributable thereto, including, but not limited to, land acquisition;
(k) "qualified borrower" means any governmental unit or private enterprise which is authorized to construct, operate or own a qualified project;
(l) "qualified project" means any public or private intermodal transportation project, including, without limitation, the construction, reconstruction, resurfacing, restoration, rehabilitation or replacement of public or private intermodal transportation projects within the state, that is determined by the secretary to be of statewide as well as local importance and by the city or county in which the qualified project is located to be of local importance;
(m) "revenues" means when used with respect to the department, any receipts, fees, revenues or other payments received or to be received by the department under K.S.A. 75-5081 through 75-5087, and amendments thereto; and
(n) "secretary" means the secretary of the department of transportation.
History: L. 2009, ch. 78, § 2; April 23.
(a) The secretary shall administer the provisions of K.S.A. 75-5081 through 75-5087, and amendments thereto, and shall be responsible for the administration and management of the fund, and shall have the power to enter into agreements and contracts and to transfer money between the state highway fund and the fund as required to effect the purposes of K.S.A. 75-5081 through 75-5087, and amendments thereto.
(b) The secretary shall adopt rules and regulations, to carry out the purposes and provisions of K.S.A. 75-5081 through 75-5087, and amendments thereto.
History: L. 2009, ch. 78, § 3; April 23.
(a) There is hereby established in the state treasury a fund to be known as the Kansas intermodal transportation revolving fund which shall consist of the following:
(1) Amounts appropriated or otherwise made available by the legislature for the purposes of the fund;
(2) the proceeds, if any, from the sale of bonds issued pursuant to K.S.A. 75-5085, and amendments thereto, for the purposes of the fund to the extent provided in any agreement entered into between the secretary and the Kansas development finance authority;
(3) amounts of repayments made by qualified borrowers of loans received under K.S.A. 75-5081 through 75-5087, and amendments thereto, together with payments of interest thereon, in accordance with agreements entered into between such qualified borrowers and the secretary;
(4) amounts earned on moneys in the fund;
(5) amounts contributed or otherwise made available by any public or private entity for use in effectuating the purposes of the fund;
(6) amounts transferred by order of the secretary from the state highway fund; and
(7) any other amounts as may be made available for purposes of the fund.
(b) Subject to the provisions of K.S.A. 75-5081 through 75-5087, and amendments thereto, expenditures from the fund shall be made for the following purposes:
(1) For the payment of the principal, including sinking fund payments of and premium, if any, and interest on bonds issued pursuant to K.S.A. 75-5081 through 75-5087, and amendments thereto;
(2) for providing financial assistance to qualified borrowers to finance qualified projects;
(3) for the maintenance of, or provision for, any reserves, additional security, insurance or other form of credit enhancement to secure such bonds required or provided for in any trust agreement entered into pursuant to K.S.A. 75-5081 through 75-5087, and amendments thereto;
(4) to guarantee, purchase insurance or provide other credit enhancement for bonds of qualified borrowers issued to finance the costs of qualified projects;
(5) to provide reserves for or otherwise secure bonds issued pursuant to K.S.A. 75-5081 through 75-5087, and amendments thereto, and to provide insurance or other credit enhancement for such bonds;
(6) to provide reserves for, or to otherwise secure, amounts payable by qualified borrowers on loans made by and leases with the department in the event of default by a particular qualified borrower or, on a parity basis, by any qualified borrower;
(7) to provide a subsidy for, or to otherwise assist, qualified borrowers in the payment of debt service costs on loans made by the department hereunder;
(8) for administrative costs of the fund or for any of the foregoing;
(9) the transfer of money by order of the secretary to the state highway fund; and
(10) the transfer of money by order of the secretary to the state general fund.
History: L. 2009, ch. 78, § 4; April 23.
(a) The activities of the department in administering and performing the powers, duties and functions prescribed by the provisions of K.S.A. 75-5081 through 75-5087, and amendments thereto, are hereby approved for the purposes of subsection (b) of K.S.A. 74-8905, and amendments thereto, and the authorization of issuance of 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.
(b) The debt service for any bonds issued pursuant to this section shall be paid from revenues, including loan repayments received from qualified borrowers under agreements entered into pursuant to K.S.A. 75-5081 through 75-5087, and amendments thereto, or from any other amounts available in the Kansas intermodal transportation revolving fund pursuant to K.S.A. 75-5084, and amendments thereto, including appropriations of moneys from the state general fund.
(c) Neither the state nor the department 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 Kansas constitution.
(d) No governmental unit is authorized to pledge its full faith and credit or its taxing power for the purpose of repayment of any loan under this act.
History: L. 2009, ch. 78, § 5; April 23.
(a) Qualified borrowers which desire assistance in the form of a loan, credit enhancement or grant under K.S.A. 75-5081 through 75-5087, and amendments thereto, shall submit an application therefor to the secretary. Applications shall be in such form and shall include such information as the secretary shall require and shall be submitted in a manner and at a time to be determined by the secretary.
(b) The secretary may enter into agreements with any qualified borrower for payment of all or a part of project costs. All moneys received by the secretary pursuant to such agreements shall be deposited in the Kansas intermodal transportation revolving fund.
(c) The secretary shall provide any governmental unit, upon its request, with technical advice and assistance regarding a project or an application for assistance. The secretary may assess reasonable fees for providing such assistance.
(d) Any governmental unit may enter into agreements with the secretary and may accept assistance as provided in this section when so authorized by its governing body.
History: L. 2009, ch. 78, § 6; April 23.
(a) Upon the failure of a governmental unit to meet the repayment terms and conditions of an agreement, the secretary may order the state treasurer to pay to the fund such portion of the governmental unit's share of the special city and county highway fund as may be necessary to meet the terms of the agreement. This subsection shall not apply if the source of repayment of a loan with a governmental unit, as identified in the agreement, is not received by such governmental unit prior to the loan repayment date.
(b) Any loans received by a governmental unit under the provisions of K.S.A. 75-5081 through 75-5087, and amendments thereto, shall be construed to be bonds for the purposes of K.S.A. 10-1116, and amendments thereto, and the amount of such loans shall not be included within any limitation on the bonded indebtedness of the governmental unit.
History: L. 2009, ch. 78, § 7; April 23.
Any business owning, operating, or leasing any facility located within the intermodal facility district described in subsection (e) of K.S.A. 79-3620, and amendments thereto, during the time period that the provisions of subsection (e) of K.S.A. 79-3620 and subsection (e) of K.S.A. 79-3710, and amendments thereto, are in effect, shall be ineligible to claim any tax credits or other incentives or benefits with respect to capital investment or jobs in such facility during such time period under the following programs: K.S.A. 79-32,153, 79-32,160a, but not including subsection (e) of that statute, 74-50,210 et seq. or 74-50,102 et seq., and amendments thereto.
History: L. 2010, ch. 160, § 5; July 1.
(a) The secretary of transportation is hereby authorized to establish and implement a passenger rail service program.
(b) The secretary of transportation may, as part of such passenger rail service program, do the following:
(1) Enter into agreements with Amtrak, other rail operators, local jurisdictions and other states for the purpose of developing passenger rail service, serving Kansas and other states interconnected and positioned on a current or proposed route. The agreements may include any of the following provisions:
(A) Cost-sharing agreements associated with initiating service, capital costs, operating subsidies and other costs necessary to develop and maintain service; or
(B) joint powers agreements and other institutional arrangements associated with the administration, management and operation of passenger rail service.
(2) Provide assistance and enter into agreements with local jurisdictions along the proposed route of a midwest regional rail system development or other passenger rail service operations serving Kansas to ensure that rail stations and terminals are designed and developed in accordance with the following objectives:
(A) To meet safety and efficiency requirements outlined by Amtrak and the federal railroad administration;
(B) to aid intermodal transportation; and
(C) to encourage economic development.
(3) Provide loans or grants as provided under the provisions of subsection (c).
(c) (1) The secretary of transportation is hereby authorized to make loans or grants to passenger rail service providers for the following purposes:
(A) To provide assistance for the restoration, conservation, improvement and construction of railroad main lines, branch lines, switching yards, sidings, rail connections, intermodal yards, highway grade separations and other railroad related improvements;
(B) for rail economic development projects that improve rail facilities, including the construction of branch lines, sidings, rail connections, intermodal yards, stations, equipment defined as locomotives and rolling stock, including passenger coaches and other rail-related improvements that spur economic development and job growth; and
(C) costs associated with the initiation, operation and maintenance of passenger rail service.
(2) Passenger rail service providers, who desire assistance in the form of a loan or grant under this section, shall submit an application to the secretary of transportation. Applications shall be in such form and shall include such information as the secretary of transportation shall require and shall be submitted in a manner and at a time to be determined by the secretary of transportation.
(3) Such loans or grants shall be made upon such terms and conditions as the secretary of transportation may deem appropriate, and such loans or grants shall be made from funds credited to the passenger rail service revolving fund.
(4) The passenger rail service revolving fund is hereby established in the state treasury which shall be for the purposes established under subsection (c)(1). The secretary of transportation shall administer the passenger rail service revolving fund. All expenditures from the passenger rail service revolving 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 transportation or by a person or persons designated by the secretary.
The secretary of transportation shall remit to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys received by the secretary pursuant to this act. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the passenger rail service revolving fund.
(5) The management and investment of the passenger rail service revolving fund shall be in accordance with K.S.A. 68-2324, and amendments thereto. Notwithstanding anything to the contrary, all interest or other income of the investments, after payment of any management fees, shall be considered income of the passenger rail service revolving fund.
(d) As part of the annual report required under K.S.A. 68-2315, and amendments thereto, the secretary of transportation shall report on the development and operation of the midwest regional rail system and the state's passenger rail service program.
(e) It is the intent of the state legislature that the enactment of this act shall not affect the terms or duration of railroad assistance agreements entered into under legislation enacted before the effective date of this act.
(f) As used in this section "passenger rail service" means long-distance, intercity and commuter passenger transportation, including the midwest regional rail system development which is provided on railroad tracks.
(g) The secretary of transportation may adopt rules and regulations for the purpose of implementing the provisions of this section.
History: L. 2010, ch. 28, § 1; April 1.
The midwest interstate passenger rail compact is hereby enacted into law and entered into with all other states which adopt the compact in a form substantially as follows:
ARTICLE I
STATEMENT OF PURPOSE
The purposes of this compact are, through joint or cooperative action:
(a) To promote development and implementation of improvements to intercity passenger rail service in the midwest;
(b) to coordinate interaction among midwestern state elected officials and their designees on passenger rail issues;
(c) to promote development and implementation of long-range plans for high speed rail passenger service in the midwest and among other regions of the United States;
(d) to work with the public and private sectors at the federal, state and local levels to ensure coordination among the various entities having an interest in passenger rail service and to promote midwestern interests regarding passenger rail; and
(e) to support efforts of transportation agencies involved in developing and implementing passenger rail service in the midwest.
ARTICLE II
ESTABLISHMENT OF COMMISSION
To further the purposes of the compact, a commission is created to carry out the duties specified in this compact.
ARTICLE III
COMMISSION MEMBERSHIP
(a) The manner of appointment of commission members, terms of office consistent with the terms of this compact, provisions for removal and suspension, and manner of appointment to fill vacancies shall be determined by each party state pursuant to its laws, but each commissioner shall be a resident of the state of appointment. Commission members shall serve without compensation from the commission.
(b) The commission shall consist of four 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, or until a successor is named; one member of the private sector who shall be appointed by the governor and shall serve during the tenure of office of the governor, or until a successor is named; and two legislators, one from each legislative chamber (or two legislators from any unicameral legislature), who shall serve two-year terms, or until successors are appointed, and who shall be appointed by the appropriate appointing authority in each legislative chamber. 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. Each member state shall have equal voting privileges, as determined by the commission bylaws.
ARTICLE IV
POWERS AND DUTIES OF THE COMMISSION
(a) The duties of the commission are to:
(1) Advocate for the funding and authorization necessary to make passenger rail improvements a reality for the region;
(2) identify and seek to develop ways that states can form partnerships, including with rail industry and labor, to implement improved passenger rail in the region;
(3) seek development of a long-term, interstate plan for high speed rail passenger service implementation;
(4) cooperate with other agencies, regions and entities to ensure that the midwest is adequately represented and integrated into national plans for passenger rail development;
(5) adopt bylaws governing the activities and procedures of the commission and addressing, among other subjects: The powers and duties of officers; the voting rights of commission members, voting procedures, commission business, and any other purposes necessary to fulfill the duties of the commission;
(6) expend such funds as required to carry out the powers and duties of the commission; and
(7) report on the activities of the commission to the legislatures and governor of the member states on an annual basis.
(b) In addition to its exercise of these duties, the commission is empowered to:
(1) Provide multistate advocacy necessary to implement passenger rail systems or plans, as approved by the commission;
(2) work with local elected officials, economic development planning organizations and similar entities to raise the visibility of passenger rail service benefits and needs;
(3) educate other state officials, federal agencies, other elected officials and the public on the advantages of passenger rail as an integral part of an intermodal transportation system in the region;
(4) work with federal agency officials and members of congress to ensure the funding and authorization necessary to develop a long-term, interstate plan for high speed rail passenger service implementation;
(5) make recommendations to member states;
(6) if requested by each state participating in a particular project and under the terms of a formal agreement approved by the participating states and the commission, implement or provide oversight for specific rail projects;
(7) establish an office and hire staff as necessary;
(8) contract for or provide services;
(9) assess dues, in accordance with the terms of this compact;
(10) conduct research; and
(11) establish committees.
ARTICLE V
OFFICERS
The commission shall annually elect from among its members a chair, a vice-chair who shall not be a resident of the state represented by the chair, and others as approved in the commission bylaws. The officers shall perform such functions and exercise such powers as are specified in the commission bylaws.
ARTICLE VI
MEETINGS AND COMMISSION ADMINISTRATION
The commission shall meet at least once in each calendar year, and at such other times as may be determined by the commission. Commission business shall be conducted in accordance with the procedures and voting rights specified in the bylaws.
ARTICLE VII
FINANCE
(a) Except as otherwise provided for, the moneys necessary to finance the general operations of the commission 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. Nothing in this compact shall be construed to commit a member state to participate in financing a rail project except as provided by law of a member state.
(b) The commission may accept, for any of its purposes and functions, donations, gifts, grants, and appropriations of money, equipment, supplies, materials and services from the federal government, from any party state or from any department, agency, or municipality thereof, or from any institution, person, firm, or corporation. All expenses incurred by the commission in executing the duties imposed upon it by this compact shall be paid by the commission out of the funds available to it. The commission shall not issue any debt instrument. The commission shall submit to the officer designated by the laws of each party state, periodically as required by the laws of each party state, a budget of its actual past and estimated future expenditures.
ARTICLE VIII
ENACTMENT, EFFECTIVE DATE AND AMENDMENTS
The states of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin are eligible to join this compact. Upon approval of the commission, according to its bylaws, other states may also be declared eligible to join the compact. 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 any three party states incorporating the provisions of this compact into the laws of such states. Amendments to the compact shall become effective upon their enactment by the legislatures of all compacting states.
ARTICLE IX
WITHDRAWAL, DEFAULT AND TERMINATION
(a) Withdrawal from this compact shall be by enactment of a statute repealing the same and shall take effect one year after the effective date of such statute. A withdrawing state shall be liable for any obligations which it may have incurred prior to the effective date of withdrawal.
(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 commission members. Any such defaulting state may be reinstated, upon vote of the commission, by performing all acts and obligations as stipulated by the commission.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
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 hereby. 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. 2010, ch. 32, § 1; July 1.
(a) The secretary of transportation may authorize transit buses to be operated upon the right shoulders of city connecting links and other highways in the state highway system in Johnson and Wyandotte counties.
(b) Transit buses shall be authorized to be operated upon shoulders under subsection (a), only if the speed of traffic on such connecting link or highway has been reduced to less than 35 miles per hour.
(c) Drivers of transit buses being operated upon the shoulder under this section shall:
(1) Not exceed the traffic speed by more than 10 miles per hour; and
(2) yield to merging, entering and exiting traffic and to other vehicles on the shoulder.
(d) The secretary of transportation shall adopt such rules and regulations necessary to implement the provisions of this section, including any requirements for highway signage.
(e) The secretary of transportation and persons designated by the board of county commissioners of Johnson and Wyandotte counties shall report to the legislature on or before March 1, in 2018, 2019 and 2020, concerning the implementation and operation of the program authorized by this section.
History: L. 2010, ch. 134, § 1; L. 2017, ch. 67, § 1; July 1.
The department of transportation is directed to organize a discussion with the public and all interested stakeholders about the long-term feasibility of relying on the motor fuel tax as the primary mechanism of funding the state's highway maintenance and construction program and as the major contributor of state aid to local government transportation budgets. The department is to report its findings and policy recommendations to the governor and the legislature by January 1, 2014.
History: L. 2012, ch. 73, § 1; July 1.
(a) The secretary of transportation is hereby authorized and empowered to participate in projects or make grants for projects, the purpose of which is the planning, assessment and fielding of new capabilities and innovative technology for all modes of transportation, including, but not limited to, aviation and highway transportation. Such new capabilities should represent increased efficiency for state operations, public cost savings, increased safety or economic development.
(b) There is hereby established in the state treasury the transportation technology development fund. All moneys credited to such fund shall be used to provide assistance with the planning, assessment and fielding of new capabilities for all modes of transportation, including, but not limited to, aviation and highway transportation. 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 or the secretary's designee.
(c) Grants made by the secretary from the transportation technology development fund shall be made upon such terms and conditions as the secretary may deem appropriate, and such grants shall be made from funds credited to the transportation technology development fund.
(d) On July 1, 2020, and each July 1 thereafter through July 1, 2030, the director of accounts and reports shall transfer $2,000,000 from the state highway fund to the transportation technology development fund. The secretary is hereby authorized to transfer additional moneys to the transportation technology development fund from the state highway fund, and moneys from the transportation technology development fund to the state highway fund.
History: L. 2020, ch. 8, § 2; July 1.
(a) The secretary of transportation is hereby authorized and empowered to make grants for construction projects, the purpose of which is to expand and improve broadband service in the state of Kansas. The secretary of transportation is authorized to make such grants when working jointly with the office of broadband development within the department of commerce.
(b) There is hereby established in the state treasury the broadband infrastructure construction grant fund. All moneys credited to such fund shall be used to provide grants for the expansion of broadband service in the state of Kansas. 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 transportation or the secretary's designee.
(c) Grants made by the secretary of transportation from the broadband infrastructure construction grant fund shall reimburse grant recipients for up to 50% of actual construction costs in expanding and improving broadband service in the state of Kansas. Such grant reimbursements shall be upon such terms and conditions as the secretary of transportation may deem appropriate, in coordination with the secretary of commerce.
(d) On July 1, 2020, and each July 1 thereafter through July 1, 2022, the director of accounts and reports shall transfer $5,000,000 from the state highway fund to the broadband infrastructure construction grant fund. On July 1, 2023, and each July 1 thereafter through July 1, 2030, the director of accounts and reports shall transfer $10,000,000 from the state highway fund to the broadband infrastructure construction grant fund. At the end of each fiscal year, the secretary of transportation is hereby authorized to notify the director of accounts and reports to transfer all remaining and unencumbered funds from the broadband infrastructure construction grant fund to the state highway fund.
History: L. 2020, ch. 8, § 3; L. 2021, ch. 66, § 5; July 1.
(a) There is hereby established in the state treasury the short line rail improvement fund. The short line rail improvement fund shall be administered by the secretary of transportation. Expenditures from the short line rail improvement fund may be made for any qualified railroad track maintenance expenditure constructed by an eligible entity. Qualified railroad track maintenance expenditures shall be matched on a 70% state moneys to 30% eligible entity moneys basis. All expenditures from the short line rail improvement 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 transportation or the secretary's designee.
(b) On July 1, 2020, and each July 1 thereafter through July 1, 2022, the director of accounts and reports shall transfer $5,000,000 from the state highway fund to the short line rail improvement fund.
(c) For purposes of this section:
(1) "Eligible entity" means:
(A) A class II or class III railroad as defined in 49 C.F.R. § 1201.1-1(a), as in effect on January 1, 2020; or
(B) any owner or lessee industry track located on or adjacent to a class II or class III railroad in the state of Kansas; and
(2) "qualified railroad track maintenance expenditure" means gross expenditures for maintenance, reconstruction or replacement of railroad track, including roadbed, bridges, industrial leads and side track, and related track structures to the extent the expenditures are on track located in the state of Kansas, and the track was owned or leased by an eligible entity as of January 1, 2020.
History: L. 2020, ch. 8, § 5; July 1.
History: L. 2020, ch. 8, § 6; Expired June 30, 2023.
(a) There is hereby created a department of revenue, the head of which shall be the secretary of revenue. The governor shall appoint the secretary of revenue, 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 revenue created by this act shall be administered under the direction and supervision of the secretary of revenue. The secretary of revenue shall receive an annual salary fixed by the governor.
(b) The provisions of the Kansas governmental operations accountability law apply to the department of revenue, and the department is subject to audit, review and evaluation under such law.
History: L. 1972, ch. 342, § 1; L. 1981, ch. 299, § 37; L. 1982, ch. 347, § 62; L. 1992, ch. 116, § 46; L. 2001, ch. 86, § 11; L. 2008, ch. 121, § 25; July 1.
There is hereby established, within and as a part of the department of revenue, a division of taxation, the head of which shall be the director of taxation. Under the supervision of the secretary of revenue, the director of taxation shall administer the division of taxation. The secretary of revenue shall appoint the director of taxation, and the director shall serve at the pleasure of the secretary of revenue. The director of taxation shall be in the unclassified service and shall receive an annual salary fixed by the secretary of revenue and approved by the governor.
History: L. 1972, ch. 342, § 2; L. 1982, ch. 347, § 63; July 1.
(a) All of the powers, duties and functions of the existing department of revenue and the existing director of revenue are hereby transferred to and conferred and imposed, respectively, upon the division of taxation and the director of taxation created by this act, except as is herein otherwise provided.
(b) The division of taxation and the director of taxation created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the department of revenue and director of revenue in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed in the exercise of such powers, duties and functions by or under the authority of the division of taxation or director of taxation created by this act, respectively, shall be deemed to have the same force and effect as if performed by the department of revenue or director of revenue, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the department of revenue, 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 division of taxation created by this act.
(d) Whenever the director of revenue, or words of like effect, is referred to or designated by law, contract or other document, such reference shall be deemed to apply to the director of taxation created by this act.
(e) All rules and regulations of the director of revenue or the department of revenue 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 revenue created by this act, until revised, amended, revoked or nullified pursuant to law. The secretary of revenue may adopt rules and regulations governing the administration of functions of the division of taxation.
(f) All rates promulgated and all orders and directives of the director of revenue or the department of revenue in existence on the effective date of this act, shall continue to be effective and shall be deemed to be duly promulgated rates of the secretary of revenue and duly issued orders and directives of the director of taxation and division of taxation created by this act, respectively, until revised, amended or nullified pursuant to law.
(g) The division of taxation and director of taxation created by this act, respectively, shall be continuations of the department of revenue and director of revenue created by K.S.A. 74-2443.
History: L. 1972, ch. 342, § 3; July 1.
Whenever, under any statute of this state, the director of revenue is authorized to make, adopt or promulgate rules and regulations or rules or regulations, or words of like effect, and whenever in any statute of this state there is reference to any such rule or regulation, such authority and such reference shall after the effective date of this act be deemed to so authorize or refer to the secretary of revenue and not the director of revenue, and no approval for adoption of any such rules and regulations shall be required by the state board of tax appeals.
History: L. 1972, ch. 342, § 4; L. 2008, ch. 109, § 69; L. 2014, ch. 141, § 76; July 1.
There is hereby established, within and as a part of the department of revenue, a division of property valuation, the head of which shall be the director of property valuation. Under the supervision of the secretary of revenue, the director of property valuation shall administer the division of property valuation. The secretary of revenue shall appoint the director of property valuation, 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. The director shall serve at the pleasure of the secretary of revenue. The director of property valuation shall be in the unclassified service and shall receive an annual salary fixed by the secretary of revenue and approved by the governor.
History: L. 1972, ch. 342, § 5; L. 1982, ch. 347, § 64; L. 1990, ch. 320, § 1; L. 2008, ch. 121, § 26; July 1.
The director of property valuation shall:
(a) Devise and prescribe uniform assessment forms and records, property-identification maps, land-classification maps, land-value maps, permanent record cards, and other essential assessment tools, and to assist each county with the installation and maintenance of the same.
(b) Devise or prescribe guides, or both, for the valuation of personal property. The director of property valuation may furnish to each county one copy of each guide so prescribed and a copy or copies of each guide so devised. In the preparation of such guides, the director of property valuation shall confer with representatives of the county appraisers and district appraisers, and shall seek counsel from official representatives of organized groups interested in and familiar with the value of classes of property with which they are concerned.
(c) Render all assistance possible toward uniform assessments within the counties and throughout the state.
(d) Assist county appraisers and district appraisers to determine the fair market value in money of nonstate assessed properties, the valuation of which requires specialized technical knowledge.
(e) Compile sales ratio data as provided by K.S.A. 79-1486 through 79-1493, and amendments thereto, and to analyze such assessment data.
(f) Perform such other duties as may be prescribed by law.
History: L. 1957, ch. 429, § 8; L. 1972, ch. 342, § 82; L. 1977, ch. 328, § 1; L. 1987, ch. 348, § 1; L. 1997, ch. 126, § 39; July 1.
(a) All of the powers, duties and functions of the existing department of property valuation and the existing director of property valuation are hereby transferred to and conferred and imposed respectively, upon the division of property valuation and the director of property valuation created by this act, except as is herein otherwise provided.
(b) The division of property valuation and the director of property valuation created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the department of property valuation and director of property valuation in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed under the authority of the division of property valuation or director of property valuation created by this act, respectively, shall be deemed to have the same force and effect as if performed by the department of property valuation or director of property valuation, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the department of property valuation, 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 division of property valuation created by this act.
(d) Whenever the director of property valuation, or words of like effect, is referred to or designated by law, contract or other document, such reference shall be deemed to apply to the director of property valuation created by this act.
(e) All rules and regulations of the director of property valuation or the department of property valuation 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 revenue created by this act, until revised, amended, revoked or nullified pursuant to law.
(f) All orders and directives of the director of property valuation or the department of property valuation 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 property valuation and division of property valuation created by this act, respectively, until revised, amended or nullified pursuant to law.
(g) The division of property valuation and director of property valuation created by this act, respectively, shall be continuations of the department of property valuation and director of property valuation created by K.S.A. 74-2440.
History: L. 1972, ch. 342, § 6; July 1.
Whenever, under any statute of this state, the director of property valuation is authorized to make, adopt or promulgate rules and regulations or rules or regulations, or words of like effect, and whenever in any statute of this state there is reference to any such rule or regulation, such authority and such reference shall after the effective date of this act be deemed to so authorize or refer to the secretary of revenue and not the director of property valuation, and no approval for adoption of any such rules and regulations shall be required by the state board of tax appeals.
History: L. 1972, ch. 342, § 7; L. 2008, ch. 109, § 70; L. 2014, ch. 141, § 77; July 1.
Revisor's Note: Later act, see 74-2433 et seq.
History: L. 1972, ch. 342, §§ 8, 9; Repealed, L. 1975, ch. 457, § 1; July 1.
There is hereby established, within and as a part of the department of revenue, a division of vehicles, the head of which shall be the director of vehicles. Under the supervision of the secretary of revenue, the director of vehicles shall administer the division of vehicles. The secretary of revenue shall appoint the director of vehicles, and the director shall serve at the pleasure of the secretary of revenue. The director of vehicles shall be in the unclassified service and shall receive an annual salary fixed by the secretary of revenue and approved by the governor.
History: L. 1972, ch. 342, § 10; L. 1982, ch. 347, § 65; July 1.
(a) All of the powers, duties and functions of the existing motor vehicle department of the state highway commission and the existing superintendent of the motor vehicle department are hereby transferred to and conferred and imposed, respectively, upon the division of vehicles and the director of vehicles created by this act, except as is herein otherwise provided.
(b) The division of vehicles and the director of vehicles created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the motor vehicle department of the state highway commission and the superintendent of the motor vehicle department in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed in the exercise of such powers, duties and functions by or under the authority of the division of vehicles or director of vehicles created by this act, respectively, shall be deemed to have the same force and effect as if performed by the motor vehicle department of the state highway commission or the superintendent of the motor vehicle department, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the motor vehicle department of the state highway 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 division of vehicles created by this act.
(d) Whenever the superintendent of the motor vehicle department, or words of like effect, is referred to or designated by law, contract or other document, such reference shall be deemed to apply to the director of vehicles created by this act. Whenever the state highway commission, or words of like effect, is referred to or designated by law, and the reference or designation pertains to the functions of the motor vehicle department in existence on the effective date of this act, such reference or designation shall be deemed to apply to the director of vehicles created by this act.
(e) All rules and regulations of the state highway commission pertaining to functions of the motor vehicle department in existence on the effective date of this act, and all rules and regulations of the motor vehicle department or the superintendent of the motor vehicle department 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 revenue created by this act, until revised, amended, revoked or nullified pursuant to law.
(f) All orders and directives of the state highway commission pertaining to functions of the motor vehicle department and all orders and directives of the superintendent of the motor vehicle department 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 vehicles created by this act until revised, amended or nullified pursuant to law.
(g) The division of vehicles and director of vehicles created by this act, respectively, shall be continuations of the motor vehicle department of the state highway commission and the superintendent of the motor vehicle department.
History: L. 1972, ch. 342, § 11; July 1.
Whenever, under any statute of this state, the state highway commission or motor vehicle department is authorized to make, adopt or promulgate rules and regulations or rules or regulations, or words of like effect, relating to the registration of vehicles and whenever in any statute of this state there is reference to any such rule or regulation, such authority and such reference shall after the effective date of this act be deemed to so authorize or refer to the secretary of revenue and not the state highway commission or motor vehicle department.
History: L. 1972, ch. 342, § 12; July 1.
The secretary of revenue and the secretary of transportation may enter into agreements, subject to the approval of the governor for providing services, facilities or use of equipment and for payment therefor from appropriations for the secretary of revenue or the secretary of transportation.
History: L. 1972, ch. 342, § 13; L. 1975, ch. 427, § 247; August 15.
History: L. 1972, ch. 342, §§ 14, 15; Repealed, L. 1977, ch. 304, § 26; January 1, 1978.
(a) The motor vehicle reciprocity commission created by K.S.A. 74-4301 is hereby abolished on and after July 1, 1973.
(b) From and after July 1, 1973, all of the powers, duties and functions of the existing motor vehicle reciprocity commission are hereby transferred to and conferred and imposed upon the director of vehicles created by this act, except as is herein otherwise provided.
(c) From and after July 1, 1973, the director of vehicles created by this act shall be the successor in every way to the powers, duties and functions of the motor vehicle reciprocity commission in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed in the exercise of such powers, duties and functions by or under the authority of the director of vehicles created by this act shall be deemed to have the same force and effect as if performed by the motor vehicle reciprocity commission in which such functions were vested prior to the effective date of this act.
(d) From and after July 1, 1973, whenever the motor vehicle reciprocity 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 director of vehicles created by this act.
(e) All interstate contracts, arrangements or declarations of the motor vehicle reciprocity commission in existence on July 1, 1973, shall continue to be effective and shall be deemed to be duly made interstate contracts, arrangements or declarations of the director of vehicles created by this act, until revised, amended, revoked or nullified by the director of vehicles and the same is approved by the governor.
(f) From and after July 1, 1973, the director of vehicles created by this act shall be a continuation of the motor vehicle reciprocity commission created by K.S.A. 74-4301.
History: L. 1972, ch. 342, § 16; July 1.
There is hereby established, within and as a part of the department of revenue, a division of alcoholic beverage control, the head of which shall be the director of alcoholic beverage control. Under the supervision of the secretary of revenue, the director of alcoholic beverage control shall administer the division of alcoholic beverage control. The secretary of revenue shall appoint the director of alcoholic beverage control, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto, and the director shall serve at the pleasure of the secretary of revenue. 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. The director of alcoholic beverage control shall be in the unclassified service and shall receive an annual salary fixed by the secretary of revenue and approved by the governor.
History: L. 1972, ch. 342, § 17; L. 1982, ch. 347, § 66; L. 2008, ch. 121, § 27; July 1.
(a) All of the powers, duties and functions of the existing office of the state director of alcoholic beverage control and the existing state director of alcoholic beverage control are hereby transferred to and conferred and imposed, respectively, upon the division of alcoholic beverage control and the director of alcoholic beverage control created by this act, except as is hereby otherwise provided.
(b) The division of alcoholic beverage control and the director of alcoholic beverage control created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the office of state director of alcoholic beverage control and the state director of alcoholic beverage control in which they were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed under the authority of the division of alcoholic beverage control or the director of alcoholic beverage control created by this act, respectively, shall be deemed to have the same force and effect as if performed by the office of state director of alcoholic beverage control or the state director of alcoholic beverage control, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the office of state director of alcoholic beverage control is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the division of alcoholic beverage control created by this act.
(d) Whenever the state director of alcoholic beverage control is referred to or designated by law, contract or other document, such reference shall be deemed to apply to the director of alcoholic beverage control created by this act.
(e) All orders and directives of the state director of alcoholic beverage control or the office of the state director of alcoholic beverage control 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 alcoholic beverage control or the division of alcoholic beverage control created by this act, respectively, until revised, amended or nullified pursuant to law.
(f) The division of alcoholic beverage control and the director of alcoholic beverage control created by this act, respectively shall be continuations of the office of state director of alcoholic beverage control and the state director of alcoholic beverage control created by K.S.A. 41-201 and amendments thereto.
History: L. 1972, ch. 342, § 18; L. 1985, ch. 170, § 24; July 1.
History: L. 1972, ch. 342, § 19; Repealed, L. 1989, ch. 291, § 23; April 27.
History: L. 1972, ch. 342, § 20; Repealed, L. 1985, ch. 170, § 33; July 1.
(a) All of the powers, duties and functions of the director of alcoholic beverage control of the department of revenue and the state alcoholic beverage control board of review relating to the adoption and promulgation of rules and regulations are hereby transferred to and conferred and imposed upon the secretary of revenue.
(b) All rules and regulations of the director of alcoholic beverage control of the department of revenue and the state alcoholic beverage control board of review 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 revenue, until revised, amended, revoked or nullified pursuant to law.
History: L. 1985, ch. 170, § 23; July 1.
The secretary of revenue may appoint attorneys for the department of revenue and its divisions and officers, except attorneys for the state board of tax appeals and the division and director of alcoholic beverage control. All attorneys appointed under this section shall be subject to assignment and reassignment of duty within the department of revenue as may be determined by the attorney designated by the secretary of revenue as chief attorney of the department of revenue. Not more than three attorneys appointed under this section shall be in the classified service under the Kansas civil service act. All other attorneys, including the chief attorney of the department of revenue, appointed under this section shall be in the unclassified service under the Kansas civil service act and shall receive annual salaries fixed by the secretary of revenue and approved by the governor.
History: L. 1972, ch. 342, § 21; L. 1985, ch. 287, § 1; L. 2008, ch. 109, § 71; L. 2014, ch. 141, § 78; July 1.
Each administrative head shall appoint, subject to the Kansas civil service act, all subordinate officers and employees of such administrative head's division, section or other unit of the department of revenue. Except as otherwise specifically provided by law, all such subordinate officers and employees shall be within the classified service.
History: L. 1972, ch. 342, § 22; L. 1989, ch. 291, § 1; April 27.
(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 act, 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 reorganization 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 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 act.
History: L. 1972, ch. 342, § 23; July 1.
Effective July 1, 1972, officers and employees who were engaged prior to said date in the performance of powers, duties, and functions of any existing state agency which becomes a part of the department of revenue created by this act or the powers, duties and functions of which are transferred to the department of revenue created by this act, and who, in the opinion of the secretary of revenue are necessary to perform the powers, duties, and functions of the department of revenue, or of any division, section, or other unit thereof, shall become officers and employees of the department of revenue, and shall retain all retirement benefits and all rights of civil service which such officer or employee had before July 1, 1972, 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. Notwithstanding the foregoing provisions of this section, no person, who occupies a position on the effective date of this act which position (or a parallel position thereto) is provided by this act to be in the unclassified service, shall retain any rights of classified civil service. This section shall not apply to persons who are members of the motor vehicle reciprocity commission or port of entry board.
History: L. 1972, ch. 342, § 24; July 1.
In all cases where, under the provisions of this act, part or all of the powers, duties, and functions of any existing state agency are divided between the department of revenue and any other existing state agency, the department of revenue 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. Any conflict as to the proper disposition of such property or records arising under this section, and resulting from the transfer or abolishment, of any existing 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. 1972, ch. 342, § 25; 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 or transfer 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. 1972, ch. 342, § 26; July 1.
The secretary of revenue may organize the department of revenue in the manner he or she deems most efficient, so long as the same is not in conflict with law. Division heads shall perform such duties and exercise such powers as the secretary of revenue may prescribe and such duties and powers as are prescribed by law. Division heads shall act for, and exercise the powers of, the secretary of revenue to the extent authority to do so is delegated by the secretary of revenue to the division head. 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: L. 1972, ch. 342, § 27; July 1.
(a) Any corporate surety bond required to be executed and filed under any act administered by the secretary of revenue shall be signed as surety by a corporate surety authorized to do business in the state of Kansas.
(b) The escrow agent under any escrow agreement which is made in lieu of executing and filing a corporate surety bond under any act administered by the secretary of revenue shall be a financial institution authorized to do business in the state of Kansas.
History: L. 1978, ch. 414, § 1; July 1.
(a) The secretary of revenue is hereby authorized to sell the following described state property located in Clark county, Kansas; to-wit: Lots 1, 2, 3 and 4 in block 12 in the original town of Sitka, according to the recorded plat.
(b) Before any such sale shall be made, the interest in said real estate shall be appraised by three disinterested persons, acquainted with land values in the county where said land is located and appointed as provided in K.S.A. 75-3043a. Such appraisement shall be in writing and filed with the secretary, and the cost of the appraisement shall be paid from the proceeds of the sale. Thereafter, the secretary shall solicit sealed bids by public notice inserted in one publication in a newspaper of general circulation in the county where said land is situated, and authorized by law to publish legal notices.
Said sale shall be made to the highest responsible bidder who submits his or her bid within thirty days after publication of such notice, except that in no case shall said real estate be sold for less than the appraised value thereof. The secretary may reject any and all bids, and, in any case, new bids may be called for as in the first instance. When a bid has been accepted, the acceptance thereof shall be made a part of the records of the secretary. Upon acceptance of any such bid, a deed conveying such real estate shall be approved by the attorney general and shall be executed by the secretary, and duly acknowledged by him or her before any officer authorized by law to take acknowledgments. Said deed shall contain a recital that all proceedings for the conveyance of such land were made in compliance with this act, and said recital shall be prima facie evidence that said proceedings were had in the manner and form recited. When such real estate is sold, the proceeds thereof, after deduction of the expenses of the sale and the cost of the appraisement of the real estate, shall be paid into the state treasury.
History: L. 1979, ch. 273, § 1; April 13.
(a) The secretary of revenue is hereby authorized to sell the following described state property located in Wallace county, Kansas, to wit: An improved tract of land situated in the Northeast Quarter (NE ¼) of Section Three (3), Township Fourteen (14), South, of Range Forty-two (42), West of the Sixth Principal Meridian, in Wallace County, Kansas, more specifically described as follows: Beginning at a point established by measuring One Hundred and Seventy-five (175) feet in an easterly direction from the east edge of School Avenue on a line Two Hundred (200) feet due South of and parallel to the center of the Union Pacific Railroad track as presently constructed; thence continuing east on said line for a distance of One Hundred Forty (140) feet thence South for a distance of One Hundred Fifty (150) feet on a line parallel to the section line between Sections Two (2) and Three (3), Township Fourteen (14), South, of Range Forty-two (42); thence One Hundred Forty (140) feet West on a line parallel to the Union Pacific Railroad track; thence North to the point of beginning, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining.
(b) Before any such sale shall be made, the interest in said property shall be appraised by three disinterested persons, acquainted with land values in the county where said land is located and appointed as provided in K.S.A. 75-3043a. Such appraisement shall be in writing and filed with the secretary, and the cost of the appraisement shall be paid from the proceeds of the sale. Thereafter, the secretary shall solicit sealed bids by public notice inserted in one publication in a newspaper of general circulation in the county where said property is situated, and authorized by law to publish legal notices.
Said sale shall be made to the highest responsible bidder who submits a bid within thirty days after publication of such notice, except that in no case shall said property be sold for less than the appraised value thereof. The secretary may reject any and all bids, and, in any case, new bids may be called for as in the first instance. When a bid has been accepted, the acceptance thereof shall be made a part of the records of the secretary. Upon acceptance of any such bid, a deed conveying such property shall be approved by the attorney general and shall be executed by the secretary, and duly acknowledged by the secretary before any officer authorized by law to take acknowledgments. Said deed shall contain a recital that all proceedings for the conveyance of such property were made in compliance with this section, and said recital shall be prima facie evidence that said proceedings were had in the manner and form recited. When such property is sold, the proceeds thereof, after deduction of the expenses of the sale and the cost of the appraisement of the property, shall be deposited in the state treasury and credited to the state general fund.
History: L. 1980, ch. 256, § 1; April 11.
(a) The secretary of revenue is hereby authorized to sell the following described state property located in Cherokee county, Kansas, to-wit:
(1) A tract of land in Government Lot 4 of Section 13, Township 34, South, Range 25 East, described as follows: Beginning at the intersection of the Northwesterly right-of-way line of U.S. Highway 66 and the West line of said Lot; thence Northeasterly along said right-of-way line 315.5 feet; thence West to a point on the West line of said Lot 193.7 feet North of the place of beginning; thence South 193.7 feet along said West line to the place of beginning; this tract contains 0.57 acre, more or less; and
(2) a tract of land in Lots 4 and 3 of Section 13, Township 34 South, Range 25 East, described as follows: Beginning at a point on the West line, 796.3 feet North of the Southwest corner of said Lot 4; First Course, thence North along said West line, 128.7 feet; Second Course, thence Northeast at an angle of 53 degrees 45 minutes to the right, 269.6 feet; Third Course, thence Southeasterly at right angles, 170.0 feet; Fourth Course, thence Northeasterly at right angles, 491.6 feet; Fifth Course, thence East, 147.1 feet to an angle of 37 degrees 44 minutes to the right to the Northwesterly right-of-way line of Highway U.S. 66; Sixth Course, thence Southwesterly along said right-of-way line, 752.7 feet; Seventh Course, thence West, 254.5 feet to the place of beginning; this tract contains, 2.76 acres, more or less.
(b) Both such tracts of land shall be sold together and not separately. Before any such sale shall be made, the interest in such real estate shall be appraised by three disinterested persons, acquainted with land values in the county where such real estate is located and appointed as provided in K.S.A. 75-3043a. Such appraisement shall be in writing and filed with the secretary, and the cost of the appraisement shall be paid from the proceeds of the sale. Thereafter, the secretary shall solicit sealed bids for such real estate by public notice inserted in one publication in a newspaper of general circulation in the county where such real estate land is situated, and authorized by law to publish legal notices.
The sale shall be made to the highest responsible bidder who submits a bid within thirty days after publication of such notice, except that in no case shall such real estate be sold for less than the appraised value thereof. The secretary may reject any and all bids, and, in any case, new bids may be called for as in the first instance. When a bid has been accepted, the acceptance thereof shall be made a part of the records of the secretary. Upon acceptance of any such bid, a deed conveying such real estate shall be approved by the attorney general and shall be executed by the secretary, and duly acknowledged by the secretary before any officer authorized by law to take acknowledgments. The deed shall contain a recital that all proceedings for the conveyance of such real estate were made in compliance with this section, and said recital shall be prima facie evidence that such proceedings were had in the manner and form recited. When such real estate is sold, the proceeds thereof, after deduction of the expenses of the sale and the cost of the appraisement of the real estate, shall be deposited in the state treasury and credited to the state general fund.
History: L. 1980, ch. 256, § 2; April 11.
(a) The secretary of revenue may fix, charge and collect fees to recover all or any part of the costs incurred in the preparation, printing and dissemination of bulk orders of tax forms numbering 100 or more, compilations containing tax forms and related instructions, and compilations containing tax statutes and related rules and regulations of the department of revenue.
(b) There is hereby created the publications fee fund in the state treasury. The secretary of revenue shall remit all moneys received by or for the secretary from such 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 publications fee fund.
(c) All expenditures from the publications 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 secretary of revenue or by a person or persons designated by the secretary.
History: L. 1983, ch. 269, § 1; L. 2001, ch. 5, § 397; July 1.
(a) Except as otherwise more specifically provided by law, all information received by the secretary of revenue, the director of taxation or the director of alcoholic beverage control from returns, reports, license applications or registration documents made or filed under the provisions of any law imposing any sales, use or other excise tax administered by the secretary of revenue, the director of taxation, or the director of alcoholic beverage control, or from any investigation conducted under such provisions, shall be confidential, and it shall be unlawful for any officer or employee of the department of revenue to divulge any such information except in accordance with other provisions of law respecting the enforcement and collection of such tax, in accordance with proper judicial order or as provided in K.S.A.
74-2424, and amendments thereto.
(b) The secretary of revenue or the secretary's designee may:
(1) Publish statistics, so classified as to prevent identification of particular reports or returns and the items thereof;
(2) allow the inspection of returns by the attorney general or the attorney general's designee;
(3) provide the post auditor access to all such excise tax reports or returns in accordance with and subject to the provisions of K.S.A.
46-1106(e), and amendments thereto;
(4) disclose taxpayer information from excise tax returns to persons or entities contracting with the secretary of revenue where the secretary has determined disclosure of such information is essential for completion of the contract and has taken appropriate steps to preserve confidentiality;
(5) provide information from returns and reports filed under article 42 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto, to county appraisers as is necessary to ensure proper valuations of property. Information from such returns and reports may also be exchanged with any other state agency administering and collecting conservation or other taxes and fees imposed on or measured by mineral production;
(6) provide, upon request by a city or county clerk or treasurer or finance officer of any city or county receiving distributions from a local excise tax, monthly reports identifying each retailer doing business in such city or county or making taxable sales sourced to such city or county, setting forth the tax liability and the amount of such tax remitted by each retailer during the preceding month, and identifying each business location maintained by the retailer and such retailer's sales or use tax registration or account number;
(7) provide information from returns and applications for registration filed pursuant to K.S.A.
12-187, and amendments thereto, and K.S.A.
79-3601, and amendments thereto, to a city or county treasurer or clerk or finance officer to explain the basis of statistics contained in reports provided by subsection (b)(6);
(8) disclose the following oil and gas production statistics received by the department of revenue in accordance with K.S.A.
79-4216
et seq., and amendments thereto: Volumes of production by well name, well number, operator's name and identification number assigned by the state corporation commission, lease name, leasehold property description, county of production or zone of production, name of purchaser and purchaser's tax identification number assigned by the department of revenue, name of transporter, field code number or lease code, tax period, exempt production volumes by well name or lease, or any combination of this information;
(9) release or publish liquor brand registration information provided by suppliers, farm wineries, microdistilleries and microbreweries in accordance with the liquor control act. The information to be released is limited to: Item number, universal numeric code, type status, product description, alcohol percentage, selling units, unit size, unit of measurement, supplier number, supplier name, distributor number and distributor name;
(10) release or publish liquor license information provided by liquor licensees, distributors, suppliers, farm wineries, microdistilleries and microbreweries in accordance with the liquor control act. The information to be released is limited to: County name, owner, business name, address, license type, license number, license expiration date and the process agent contact information;
(11) release or publish cigarette and tobacco license information obtained from cigarette and tobacco licensees in accordance with the Kansas cigarette and tobacco products act. The information to be released is limited to: County name, owner, business name, address, license type and license number;
(12) provide environmental surcharge or solvent fee, or both, information from returns and applications for registration filed pursuant to K.S.A.
65-34,150
and
65-34,151, and amendments thereto, to the secretary of health and environment or the secretary's designee for the sole purpose of ensuring that retailers collect the environmental surcharge tax or solvent fee, or both;
(13) provide water protection fee information from returns and applications for registration filed pursuant to K.S.A.
82a-954, and amendments thereto, to the secretary of the state board of agriculture or the secretary's designee and the secretary of the Kansas water office or the secretary's designee for the sole purpose of verifying revenues deposited to the state water plan fund;
(14) provide to the secretary of commerce copies of applications for project exemption certificates sought by any taxpayer under the enterprise zone sales tax exemption pursuant to K.S.A.
79-3606(cc), and amendments thereto;
(15) disclose information received pursuant to the Kansas cigarette and tobacco act and subject to the confidentiality provisions of this act to any criminal justice agency, as defined in K.S.A. 22-4701(c), and amendments thereto, or to any law enforcement officer, as defined in K.S.A. 21-5111, and amendments thereto, on behalf of a criminal justice agency, when requested in writing in conjunction with a pending investigation;
(16) provide to retailers tax exemption information for the sole purpose of verifying the authenticity of tax exemption numbers issued by the department;
(17) provide information concerning remittance by sellers, as defined in K.S.A. 12-5363, and amendments thereto, of prepaid wireless 911 fees from returns to the local collection point administrator, as defined in K.S.A. 12-5363, and amendments thereto, for purposes of verifying seller compliance with collection and remittance of such fees;
(18) release or publish charitable gaming information obtained in charitable gaming licensee and registration applications and renewals in accordance with the Kansas charitable gaming act, K.S.A. 75-5171 et seq., and amendments thereto. The information to be released is limited to: The name, address, phone number, license registration number and email address of the organization, distributor or of premises;
(19) provide to the attorney general confidential information for purposes of determining compliance with or enforcing K.S.A.
50-6a01
et seq., and amendments thereto, the master settlement agreement referred to therein and all agreements regarding disputes under the master settlement agreement. The secretary and the attorney general may share the information specified under this subsection with any of the following:
(A) Federal, state or local agencies for the purposes of enforcement of corresponding laws of other states; and
(B) a court, arbitrator, data clearinghouse or similar entity for the purpose of assessing compliance with or making calculations required by the master settlement agreement or agreements regarding disputes under the master settlement agreement, and with counsel for the parties or expert witnesses in any such proceeding, if the information otherwise remains confidential; and
(20) disclose taxpayer information that is received from income tax returns to the department of commerce that may be disclosed pursuant to the provisions of K.S.A. 2025 Supp.
74-50,227, and amendments thereto, for the purpose of including such information in the database required by K.S.A. 2025 Supp.
74-50,227, and amendments thereto.
(c) Any person receiving any information under the provisions of subsection (b) shall be subject to the confidentiality provisions of subsection (a) and to the penalty provisions of subsection (d).
(d) Any violation of this section shall be a class A, nonperson misdemeanor, and if the offender is an officer or employee of this state, such officer or employee shall be dismissed from office. Reports of violations of this paragraph shall be investigated by the attorney general. The district attorney or county attorney and the attorney general shall have authority to prosecute any violation of this section if the offender is a city or county clerk or treasurer or finance officer of a city or county.
History: L. 1984, ch. 301, § 1; L. 1985, ch. 333, § 1; L. 1993, ch. 192, § 1; L. 1997, ch. 126, § 45; L. 1999, ch. 126, § 12; L. 2000, ch. 140, § 7; L. 2005, ch. 110, § 2; L. 2011, ch. 30, § 276; L. 2011, ch. 84, § 24; L. 2012, ch. 17, § 1; L. 2013, ch. 133, § 31; L. 2015, ch. 79, § 8; L. 2016, ch. 82, § 12; L. 2019, ch. 60, § 5; L. 2021, ch. 113, § 7; July 1.
The secretary of revenue is hereby authorized to enter into a reciprocal exchange agreement with the secretary of labor for the purpose of identifying taxpayers who have failed to file a return or pay the tax, penalty and interest required under any of the tax provisions administered by the director of taxation or secretary of labor. Information authorized to be exchanged pursuant to such agreement shall include only the taxpayer's name, social security number, last known address and telephone number.
History: L. 1993, ch. 192, § 3; L. 2004, ch. 179, § 121; July 1.
History: L. 1984, ch. 301, § 1; L. 1985, ch. 333, § 1; L. 1993, ch. 192, § 1; L. 1997, ch. 126, § 45; L. 1999, ch. 126, § 12; L. 2000, ch. 140, § 7; L. 2005, ch. 110, § 2; L. 2011, ch. 30, § 276; L. 2011, ch. 84, § 24; L. 2012, ch. 144, § 44; Repealed, L. 2013, ch. 133, § 37; July 1.
(a) The secretary of revenue may require employees to be fingerprinted and submit to a state and national criminal history record check.
(b) As used in this subsection, "employee" means a person who makes an application for employment or is currently employed or contracting with the department of revenue who has access to federal tax information received directly from the internal revenue service.
(c) Whenever the secretary requires fingerprinting, any associated costs shall be paid by the agency or employee.
History: L. 2017, ch. 101, § 1; L. 2024, ch. 15, § 96; July 1.
Revisor's Note: Section was amended twice, once in the 2018 session and once in the 2019 session, see 75-5133.
History: L. 1984, ch. 301, § 1; L. 1985, ch. 333, § 1; L. 1993, ch. 192, § 1; L. 1997, ch. 126, § 45; L. 1999, ch. 126, § 12; L. 2000, ch. 140, § 7; L. 2005, ch. 110, § 2; L. 2011, ch. 30, § 276; L. 2011, ch. 84, § 24; L. 2012, ch. 17, § 1; L. 2013, ch. 133, § 31; L. 2015, ch. 79, § 8; L. 2016, ch. 82, § 12; L. 2018, ch. 89, § 37; Repealed, L. 2021, ch. 113, § 9; July 1.
There is hereby established, within and as a part of the department of revenue, a bureau of research and revenue analysis, the head of which shall be the manager of revenue analysis. Under the supervision of the secretary of revenue, the manager of revenue analysis shall administer the bureau of research and revenue analysis. The secretary of revenue shall appoint the manager of revenue analysis, and the manager shall serve at the pleasure of the secretary of revenue. The manager of revenue analysis shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of revenue and approved by the governor. The manager of revenue analysis shall exercise the powers and perform the duties and functions assigned or delegated by the secretary of revenue or prescribed by law.
History: L. 1989, ch. 291, § 21; April 27.
The secretary of revenue is hereby authorized to receive grants of money and funds appropriated under any federal act or from any other source.
History: L. 1996, ch. 177, § 1; July 1.
The secretary of revenue may, for the purposes of collecting any taxes more than six months delinquent due from a taxpayer, contract with any debt collection agency doing business within or without this state for the collection of such delinquent taxes, including penalties and interest thereon. Such delinquent tax claims may be forwarded to the debt collection agency for the purpose of litigation by its legal representatives in the name of the director of taxation or the director of property valuation, as the case requires, and at the debt collection agency's expense, less court costs, as a means of facilitating and expediting the collection process.
History: L. 1983, ch. 289, § 7; L. 1993, ch. 191, § 1; July 1.
Fees for services, reimbursements or other remuneration to such debt collection agency shall be based on the amount of tax, penalty and interest actually collected. Each contract entered into between the secretary of revenue and the debt collection agency shall provide for the payment of fees for such services, reimbursements or other remuneration not in excess of 50% of the total amount of delinquent taxes, penalty and interest actually collected.
All funds collected, less the fees for collection services as provided in the contract, shall be remitted to the director of taxation within 45 days from the date of collection from a taxpayer. Forms to be used for such purposes shall be prescribed by the director of taxation.
History: L. 1983, ch. 289, § 8; July 1.
Before entering into such a contract, the secretary of revenue shall require a bond for the debt collection agency not in excess of $100,000 guaranteeing compliance with the terms of the contract.
History: L. 1983, ch. 289, § 9; July 1.
A debt collection agency entering into a contract with the secretary of revenue for the collection of delinquent taxes pursuant to this act shall agree that it is receiving income from sources within this state or doing business in this state for purposes of the Kansas income tax act.
History: L. 1983, ch. 289, § 10; July 1.
The secretary of revenue is hereby authorized to enter into a reciprocal agreement with an agency of another state whereby such agency is to perform the service of collecting the delinquent taxes due and owing to the state of Kansas by taxpayers residing or domiciled in that state in consideration of the department of revenue performing the same service in this state for the state with which the agreement is made.
History: L. 1983, ch. 289, § 11; July 1.
It shall be unlawful for any debt collection agency, or agent or employee thereof, to utilize or divulge any such information other than for the purposes specifically authorized in the contract between the agency and the secretary of revenue, and any violation shall be a class B misdemeanor.
History: L. 1983, ch. 289, § 15; July 1.
(a) Any taxpayer or legal representative of any taxpayer may petition the secretary or secretary's designee for a pay plan whereby the taxpayer may pay an outstanding tax liability, including interest and penalty, on the installment method. The taxpayer shall submit to the secretary or secretary's designee a financial statement which verifies the taxpayer's inability to submit payment in full.
(b) The secretary or secretary's designee shall determine whether a pay plan is warranted by the taxpayer's financial condition and shall determine the length and conditions for such plan. If a taxpayer fails to comply with the terms of a pay plan established by the secretary or secretary's designee under this act, all tax, interest and penalty which is due shall be immediately collectible.
(c) The secretary shall adopt rules and regulations to administer and implement this act including the establishment of criteria governing the length and terms of such plans.
History: L. 1988, ch. 383, § 4; April 14.
The secretary of revenue is hereby authorized to enter into contracts to acquire automated tax systems, including computer hardware and software therefor, for use in the registration of taxpayers, processing of remittances and returns, and collection of delinquent taxes and any interest and penalties thereon. Any contracts entered into between the secretary of revenue and vendors of automated tax systems shall provide (1) for payment of fees for the automated tax system on the basis of a percentage of the increase in the amount of taxes, interest and penalties collected which is attributable to the implementation of the automated tax systems as specified by the joint consensus of the director of the budget and the director of the legislative research department under this section or (2) for payment of fees for the automated tax system on a fixed fee contract basis, such fees to be paid from the increase in the amount of taxes, interest and penalties collected which is attributable to the implementation of the automated tax systems as specified by the joint consensus of the director of the budget and the director of the legislative research department under this section. All contracts entered into under this section shall be entered into pursuant to procurement negotiating committee procedures as provided in K.S.A. 75-37,102, and amendments thereto. Prior to publishing or distributing a request for proposal, such request for proposal shall be reviewed by the joint committee on information technology. During each regular session of the legislature, the secretary of revenue shall submit a report to the committee on ways and means of the senate and the committee on appropriations of the house of representatives. Such report shall include detailed information on the costs and benefits of implementing automated tax systems during the fiscal year immediately preceding the submission of the report. The report required hereunder shall be made annually until two complete fiscal years have elapsed following full implementation of automated tax systems by the secretary of revenue. In addition, the director of the budget and the director of the legislative research department shall prepare annually a joint consensus on the amount of increased tax, interest and penalty collections which are attributable to the automated tax system and shall report their findings during each regular session of the legislature to the committee on ways and means of the senate and the committee on appropriations of the house of representatives. Nothing in this section shall prohibit the secretary of revenue from acquiring any goods or services through appropriations for any department of revenue function or program not specifically included in any contract entered into pursuant to this section.
History: L. 1988, ch. 327, § 1; L. 1993, ch. 290, § 1; L. 1998, ch. 182, § 18; May 21.
The secretary of revenue or the secretary's designee may assess an additional penalty to be added to any delinquent tax owed by a taxpayer in an amount equal to the fee charged by a debt collection agency for the collection of such delinquent tax, as provided by K.S.A. 75-5140 et seq., and amendments thereto, and any charges required to be paid to any government agency within or without the state of Kansas for services rendered in connection with such collection.
History: L. 1989, ch. 291, § 18; L. 1993, ch. 191, § 2; July 1.
On and after January 1, 2024, for any warrant issued by the secretary of revenue, or the secretary's designee, that is the result of the taxpayer's failure to pay a tax owed to the state of Kansas, the secretary shall file a release of such warrant in the county where such warrant is docketed upon the taxpayer's full payment of the tax owed, including any interest, penalty and fees required for the filing and release or satisfaction of the warrant.
History: L. 2023, ch. 92, § 1; July 1.
History: L. 1989, ch. 291, §§ 19, 20; Repealed, L. 1999, ch. 94, § 11; July 1.
The secretary of revenue may require, consistent with sound cash management policies, that any taxpayer whose total sales tax liability exceeds $45,000 in any calendar year, any taxpayer whose total withholding tax liability exceeds $45,000 in any calendar year, and any person owing any taxes or fees in connection with any return, report or document other than for sales tax or withholding tax liability, shall remit their tax liability by electronic funds transfer no later than the date required for such remittance except that the secretary may adopt rules and regulations prescribing alternative filing and payment dates not later than the last day of the month in which the tax was otherwise due. Electronic funds transfers may be made by wire transfers of funds through the federal reserve system or by any other means established by the secretary, with the approval of the state treasurer, which insures the availability of such funds to the state on the date of payment. Evidence of such payment shall be furnished to the secretary on or before the due date of the tax as established by law. Failure to timely make such payment in immediately available funds or failure to provide such evidence of payment in a timely manner shall subject the taxpayer to penalty and interest as provided by law for delinquent or deficient tax payments. All sales and use tax remittances from model 1, 2 and 3 sellers must be remitted electronically. Any data that accompanies a remittance must be formatted using uniform tax type and payment type codes approved by the secretary.
History: L. 1990, ch. 343, § 1; L. 2003, ch. 147, § 4; L. 2008, ch. 182, § 13; July 1.
(a) Subject to the requirements specified in K.S.A. 79-3220, and amendments thereto, the secretary of revenue may require a paid preparer to file some or all of the tax returns by electronic means whenever the department of revenue permits electronic filing.
(b) As used in this act: (1) "Electronic means" means computer generated electronic or magnetic media, web based applications or similar electronic, magnetic or computer based methods or applications;
(2) "paid preparer" means any person or business that prepares tax returns for compensation or employs or authorizes one or more persons to prepare such returns. The number of returns prepared per year shall be determined by including all returns prepared by the person or business, and by all employees or agents of the person or business, whether prepared at one location or multiple locations; and
(3) "tax returns" means returns or reports filed for any tax administered by the department of revenue including, but not limited to, income tax, sales and use tax, motor fuel tax, mineral tax and other excise taxes.
(c) The provisions of this section shall be effective on and after July 1, 2008.
History: L. 2008, ch. 182, § 9; June 5.
On or before each December 1, the secretary of revenue shall determine the amount of the total revenues received by the secretary from the taxes imposed pursuant to articles 36 and 37 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto and deposited in the state treasury and credited to the state general fund during the preceding fiscal year, which are attributable to the retail sale of aviation fuel.
History: L. 1994, ch. 191, § 2; July 1.
Whenever an assessment is issued for additional taxes relating to any tax administered by the department of revenue, the taxpayer may deposit with the director of taxation all or any portion of the amount of additional taxes so assessed together with interest and penalty related to that portion of the tax, and the amount so deposited shall not be subject to any interest or penalty for the period from the time such deposit is made until the time the liability is finally determined. If the amount of liability finally determined is less than the amount deposited, interest, if interest is otherwise paid on refunds of the type of tax involved, shall be paid on the overpayment at the same rate and in the same manner as allowed with regard to other overpayments of the type of tax involved.
History: L. 1994, ch. 85, § 3; July 1.
The secretary of revenue or the secretary's designee may, in the same manner and to the same extent as provided for income tax liabilities by K.S.A. 79-3233a through K.S.A. 79-3233i, and amendments thereto, abate all or part of a final liability for any excise tax imposed under the provisions of K.S.A. 12-1692 et seq., 12-1696 et seq., 41-501 et seq., 79-3301 et seq., 79-3370 et seq., 79-3401 et seq., 79-3490 et seq., 79-34,108 et seq., 79-3817 et seq., 79-4101 et seq., 79-41a01 or 79-5201 et seq., and amendments thereto.
History: L. 1999, ch. 94, § 8; L. 2002, ch. 186, § 12; July 1.
The secretary of revenue is hereby authorized to adopt rules and regulations necessary to administer and not inconsistent with the provisions of chapters 41 and 79 of the Kansas Statutes Annotated. All rules and regulations of the secretary of revenue in existence on the effective date of this act shall continue to be in effect and shall be deemed to be rules and regulations of the secretary until revised, amended or nullified pursuant to law.
History: L. 2002, ch. 186, § 2; July 1.
(a) (1) The division of vehicles of the department of revenue shall subject all employees to appropriate security clearance requirements, as defined by rules and regulations adopted by the secretary of revenue. To insure appropriate security clearance requirements, the division of vehicles may require fingerprinting of employees in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto. Any person who is determined to be a security risk by the division of vehicles shall not be eligible to manufacture, produce or issue drivers' licenses or identification cards.
(2) For the purposes of this subsection, "employee" means a person authorized to manufacture, produce or issue driver's licenses and identification cards.
(b) The division of vehicles shall establish training programs for employees who engage in the issuance of drivers' license and identification cards regarding document recognition and federal rules used to determine lawful presence.
(c) The division of vehicles shall ensure the physical security of locations where drivers' licenses and identification cards are produced and the security of document materials and papers from which drivers' licenses and identification cards are produced.
(d) In the event that a social security account number is already registered or associated with another person to whom any state has issued a driver's license or identification card, the division of vehicles shall resolve the discrepancy and take appropriate action.
(e) The division of vehicles shall retain any documentation presented to secure a license or identification card when the division of vehicles has reasonable grounds to believe the documentation or the application is fraudulent.
(f) The division of vehicles may disclose motor vehicle records, including photographs or digital images maintained in connection with the issuance of drivers' licenses, 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, military and homeland security regarding the utilization of the provisions of this subsection.
History: L. 2007, ch. 160, § 1; L. 2024, ch. 15, § 97; July 1.
(a) The secretary of revenue or the secretary's designee may issue subpoenas to require the attendance of any witnesses and the production of any records, books, papers and documents that is considered necessary for the investigation of driver's license fraud and to: (1) Ascertain the eligibility of an applicant for a Kansas driver's license or identification for such license or identification card; (2) ascertain the eligibility of a holder of a Kansas driver's license or identification card for such license or identification card; (3) determine whether a person's identity has been stolen by a person in Kansas; (4) facilitate the investigation of suspected fraudulent activity with regard to obtaining a Kansas driver's license or identification card; (5) facilitate the investigation of violations of the licensure of vehicle sales and manufacturing statutes in article 24 of chapter 8 of the Kansas Statutes Annotated; or (6) facilitate the investigation of vehicle title and registration fraud. Subpoenas so issued may be served by any law enforcement officer, in the same manner as similar process in the district court. Any person who testifies falsely, fails to appear when subpoenaed or fails or refuses to produce material pursuant to the subpoena shall be subject to the same orders and penalties to which a person before a court is subject. Any district court of this state, upon application of the secretary of revenue, may in its discretion compel the attendance of witnesses, the production of material and the giving of testimony before the secretary of revenue, by an attachment for contempt or otherwise in the same manner as production of evidence may be compelled before the district court. Agents designated by the secretary of revenue are hereby vested with the power and authority of peace and police officers, in the execution of the duties imposed upon the secretary of revenue in chapters 8 and 79 of the Kansas Statutes Annotated.
(b) Each agent designated by the secretary under subsection (a), shall have the authority to make arrests, conduct searches and seizures and carry firearms while investigating violations of laws administered by the secretary of revenue, director of vehicles and director of taxation and generally to enforce all the criminal laws of the state as violations of those laws are encountered by such agents during the routine performance of their duties. No agent of the secretary shall be certified to carry firearms under the provisions of this section without having first successfully completed the training course or courses prescribed for law enforcement officers under subsection (a) of K.S.A. 74-5604a, and amendments thereto. The secretary may adopt rules and regulations prescribing other training required for such agents or employees.
(c) Each agent designated by the secretary shall: (1) Be vested with law enforcement authority; (2) be in the classified service under the Kansas civil service act; (3) not have been convicted of a felony under the laws of any state or of the United States prior to or during employment as law enforcement officer under the authority of the secretary of revenue; (4) be a certified law enforcement officer or have one year of investigative experience or, in lieu thereof, a bachelor's degree from an accredited university or college.
History: L. 2007, ch. 160, § 2; July 1.
The secretary of revenue shall provide procedures for persons to make complaints regarding allegations of discrimination, or other complaint topics, relating to the issuance of drivers' licenses and identification cards and shall provide for the investigation of such complaints. In January of each year, the secretary of revenue shall report to the house committee on veterans, military and homeland security regarding complaints made pursuant to this section and the disposition thereof.
History: L. 2007, ch. 160, § 16; July 1.
There is hereby created in the state treasury the division of vehicles modernization fund. All moneys credited to the division of vehicles modernization fund shall be used by the department of revenue only for the purpose of funding the replacement of the work processes, computer hardware and software and related equipment associated with the division of vehicle's functions related to titling, registration and tagging of vehicles, issuance of drivers' licenses and other identification documents and supporting administrative processes, including maintenance and operation of such computer hardware, software and related equipment. All expenditures from the division of vehicles modernization 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 the department of revenue.
History: L. 2008, ch. 181, § 1; January 1, 2009.
(a) In addition to any registration fee prescribed under article 1 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto, all applicants for vehicle registration shall pay at the time of registration a nonrefundable division of vehicles modernization surcharge in the amount of $4 for each vehicle being registered.
(b) Until January 1, 2013, the provisions of this section shall not apply to vehicles registered under K.S.A. 8-1,100 through 8-1,123 and K.S.A. 8-1,123a, and amendments thereto. On and after January 1, 2013, the provisions of this section shall apply to such vehicles.
History: L. 2008, ch. 181, § 2; L. 2010, ch. 156, § 34; June 3.
In addition to other provisions and authority granted under law, the secretary of revenue shall have the authority to equitably resolve any assessment resulting from an audit, or any portion of such assessment, that is pending in the administrative appeals process before the secretary or secretary's designee pursuant to K.S.A. 79-3226 or 79-3610, and amendments thereto, or the state board of tax appeals, or is pending in the judicial review process before any state or federal district or appellate court. Such settlement authority shall include the ability to resolve the amount of tax, penalty or interest due in the settlement agreement.
History: L. 2009, ch. 142, § 1; L. 2014, ch. 141, § 79; July 1.
(a) For any tax established pursuant to law which is administered by the Kansas department of revenue, any taxpayer having a delinquent tax liability and entering into an agreement with the department providing for an installment payment plan allowing the pay off of such liability in a time period in excess of 90 days from the date when such agreement is entered into shall be assessed a service fee of $25.
(b) Any taxpayer requesting a full or partial abatement of tax liability pursuant to K.S.A. 79-3233a, 79-3618 or 75-5154, and amendments thereto, shall be assessed a service fee of $50.
(c) The department, when remitting funds to the United States internal revenue service in response to a levy on those funds, may withhold from the funds a service fee of $22.
(d) The secretary of revenue shall remit all moneys received by or for the secretary from such 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 recovery fund for enforcement actions and attorney fees, which is hereby established in the state treasury and which may be used for the administration and operation of the department. The secretary of revenue shall remit the first $350,000 of delinquent taxes, including penalties and interest, collected during any fiscal year for income tax or any other tax that would otherwise be deposited 100% in the state general fund, to the state treasurer in accordance with the provisions of 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 recovery fund for enforcement actions and attorney fees. All expenditures from the recovery fund for enforcement actions and attorney fees 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.
History: L. 2010, ch. 123, § 17; L. 2013, ch. 87, § 1; July 1.
K.S.A. 75-5171 through 75-5188, and amendments thereto, shall be known and may be cited as the Kansas charitable gaming act.
History: L. 2015, ch. 62, § 1; July 1.
(a) The legislature hereby declares that charitable gaming conducted by charitable organizations is an important method of raising funds for legitimate charitable purposes and is in the public interest. The purpose of this act is to establish an effective and efficient mechanism for regulating charitable gaming which includes:
(1) Defining the scope of charitable gaming activities;
(2) setting standards for the conduct of charitable gaming which insure honesty and integrity;
(3) providing for means of accounting for all moneys generated through the conduct of charitable gaming; and
(4) providing suitable penalties for violations of applicable laws and administrative rules and regulations.
(b) The intent of this act is to:
(1) Prevent the commercialization of charitable gaming;
(2) prevent participation in charitable gaming by criminal and other undesirable elements; and
(3) prevent the diversion of funds from legitimate charitable purposes.
(c) In order to carry out the purpose and intent, the provisions of this act and any administrative rules and regulations promulgated in accordance with this act shall be construed in the public interest and strictly enforced.
History: L. 2015, ch. 62, § 2; July 1.
As used in this act:
(a) "Act" means the Kansas charitable gaming act.
(b) "Administrator" means the administrator of charitable gaming designated by the secretary pursuant to K.S.A. 75-5186, and amendments thereto.
(c) "Bingo" or "games of bingo" means the games of call bingo and instant bingo.
(d) "Bingo face" or "face" means a piece of paper which is marked off into 25 squares arranged in five horizontal rows of five squares each and five vertical rows of five squares each, with each square being designated by a number, letter or combination of numbers and letters. Only the center square shall be designated with the word "free." No two bingo faces in the same game shall be identical. Faces shall be disposable and shall not be reused after the game in which a player has used such face.
(e) "Call bingo" means a game in which: (1) Each player pays a charge; (2) a prize or prizes are awarded to the winner or winners; (3) each player receives one or more cards or faces; and (4) each player covers the squares on each card or face as the operator of such game announces a number, letter or combination of numbers and letters appearing on an object selected by chance, either manually or mechanically from a receptacle in which have been placed objects bearing numbers, letters or combinations of numbers and letters corresponding to the system used for designating the squares. The winner of each game is the player or players first covering properly a predetermined and announced pattern of squares upon the card or face being used by such player or players.
"Call bingo" shall include any regular, special, mini and progressive game of bingo.
(f) "Charitable gaming" means bingo, including call bingo, and instant bingo and charitable raffles.
(g) "Charitable raffle" means a raffle conducted by a nonprofit religious, charitable, fraternal, educational or veterans' organization.
(h) "Department" means the department of revenue.
(i) "Director" means the director of taxation.
(j) "Distributor" means any person or entity that sells or distributes instant bingo tickets, bingo cards or bingo faces.
(k) "Electronic gaming device" means a device that, as a result of the insertion of a coin or other object, operates, either completely automatically or with the aid of some physical act by the player, in such a manner that, depending upon elements of chance, it may eject something of value.
(l) "Instant bingo" means a game: (1) In which each player pays a charge; (2) in which a prize or prizes are awarded to the winner or winners; (3) in which each player receives one or more disposable pull-tab or break-open tickets which accord a player an opportunity to win something of value by opening or detaching the paper covering from the back of the ticket to reveal a set of numbers, letters, symbols or configurations, or any combination thereof; (4) that is conducted by a licensee under this act; (5) that may be dispensed by an instant bingo vending machine; and (6) that does not utilize any dice, normal playing cards, instant ticket with a removable latex covering or slot machines.
Winners of instant bingo shall be determined either: (1) By a combination of letters, numbers or symbols determined and posted prior to the sale of instant bingo tickets; (2) by matching a letter, number or symbol under a tab of an instant bingo ticket with the winning letter, number or symbol in a designated call game of bingo during the same session; or (3) by matching a letter, number or symbol under a tab of an instant bingo ticket with one or more letters, numbers or symbols announced in, or as a continuation of, a designated call game of bingo during the same session.
(m) "Instant bingo vending machine" means the same as that term is defined in K.S.A. 74-8702, and amendments thereto.
(n) "Lessor" means the owner, co-owner, lessor or sublessor of premises upon which a licensee is permitted to manage, operate or conduct games of bingo.
(o) "Licensee" means any nonprofit organization holding a license to manage, operate or conduct games of bingo or charitable raffles pursuant to K.S.A. 75-5171 through 75-5188, and amendments thereto. A license shall be required for each affiliated organization of any state or national nonprofit religious, charitable, fraternal, educational or veteran's organization.
(p) "Mini bingo" means a game of call bingo in which the prizes awarded are not less than 50% of the gross receipts derived from the sale of cards or faces for participation in the game.
(q) "Net proceeds" means the gross receipts received by the licensee from charges imposed on players for participation in games of bingo or raffles and any admission fees or charges less amounts actually paid as prizes in games of bingo or raffles and any tax payable by the licensee.
(r) "Nonprofit religious organization" means any organization, church, body of communicants, or group, gathered in common membership for mutual support and edification in piety, worship, and religious observances, or a society of individuals united for religious purposes at a definite place and of which no part of the net earnings inures to the benefit of any private shareholder or individual member of such organization, and which religious organization maintains an established place of worship within this state and has a regular schedule of services or meetings at least on a weekly basis and has been determined by the administrator to be organized and created as a bona fide religious organization and which has been exempted from the payment of federal income taxes as provided by section 501(c)(3) or section 501(d) of the federal internal revenue code of 1986, as amended, or determined to be organized and operated as a bona fide nonprofit religious organization by the administrator.
(s) "Nonprofit charitable organization" means any organization which is organized and operated for:
(1) The relief of poverty, distress, or other condition of public concern within this state;
(2) financially supporting the activities of a charitable organization as defined in paragraph (1); or
(3) conferring direct benefits on the community at large; 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 administrator to be organized and operated as a bona fide charitable organization and which has been exempted from the payment of federal income taxes as provided by sections 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(6) and 501(c)(7) of the federal internal revenue code of 1986, as amended, or determined to be organized and operated as a bona fide nonprofit charitable organization by the administrator.
(t) "Nonprofit fraternal organization" means any organization within this state which 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 administrator to be organized and operated as a bona fide fraternal organization and which 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 administrator.
(u) "Nonprofit educational organization" means any public or private elementary or secondary school or institution of higher education which has been determined by the administrator to be organized and operated as a bona fide educational organization and which has been exempted from the payment of federal income taxes as provided by section 501(c)(3) of the federal internal revenue code of 1986, as amended, or determined to be organized and operated as a bona fide nonprofit educational organization by the administrator.
(v) "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 administrator to be organized and operated as a bona fide veterans' organization and which 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 administrator.
(w) "Person" means any natural person, corporation, partnership, trust or association.
(x) "Premises" means any room, hall, building, enclosure or outdoor area used for the management, operation or conduct of a game of bingo by a licensee.
(y) "Progressive bingo" means a game of call bingo in which either the established prize amount or number of bingo balls or objects called, or both, may be increased from one session to the next scheduled session if no player completes the required pattern within the specified number of bingo balls or objects drawn. The player's opportunity to win shall increase as the prize amount increases.
(z) "Raffle" means a game of chance in which each participant buys a ticket or tickets from a nonprofit organization with each ticket providing an equal chance to win a prize and the winner being determined by a random drawing.
(aa) "Reusable bingo card" means a reusable card which is marked off into 25 squares arranged in five horizontal rows of five squares each and five vertical rows of five squares each, with each square being designated by a number, letter or combination of numbers and letters. Only the center square shall be designated with the word "free." No two cards in the same game shall be identical.
(bb) "Secretary" means the secretary of revenue or the secretary's designee.
(cc) "Session" means a day on which a licensee conducts games of bingo.
History: L. 2015, ch. 62, § 3; L. 2018, ch. 96, § 10; May 24.
(a) The power to regulate, license and tax the management, operation and conduct of and participation in games of bingo and raffles is hereby vested exclusively in the state.
(b) The raffle of a motor vehicle shall be deemed an isolated or occasional sale of such motor vehicle to the raffle winner and subject to retailer's sales tax pursuant to K.S.A. 79-3603(o), and amendments thereto.
History: L. 2015, ch. 62, § 4; July 1.
(a) Any bona fide nonprofit religious, charitable, fraternal, educational or veterans' organization desiring to manage, operate or conduct games of bingo or raffles within the state of Kansas may make application for a license therefor in the manner provided under this section. Application for licenses required under the provisions of this act shall be made to the administrator upon forms prescribed by the administrator. The application shall contain:
(1) The name and address of the organization;
(2) the particular place or location or multiple locations or premises for which a license is desired;
(3) a sworn statement verifying that such organization is a bona fide nonprofit religious, charitable, fraternal, educational or veterans' organization authorized to operate within the state of Kansas signed by the presiding officer and secretary of the organization; and
(4) such other information as may be required by the administrator.
(b) An application for a bingo license required under the provisions of this act shall be accompanied by a fee of $25.
(c) (1) No license shall be required for any nonprofit religious, charitable, fraternal, educational or veterans' organization which conducts raffles the annual gross receipts which do not exceed $25,000.
(2) Any such nonprofit organization which has annual gross receipts exceeding $25,000 from raffles shall pay an annual fee according to the following schedule:
(A) Nonprofit organizations where annual gross receipts are more than $25,000 but do not exceed $50,000 shall pay a license fee of $25.
(B) Nonprofit organizations where annual gross receipts which exceed $50,000 but do not exceed $75,000 shall pay a license fee of $50.
(C) Nonprofit organizations where annual gross receipts exceed $75,000 but do not exceed $100,000 shall pay a license fee of $75.
(D) Nonprofit organizations where annual gross receipts exceed $100,000 shall pay a fee of $100.
(3) Upon recommendations of the administrator, the secretary shall adopt rules and regulations to implement the license requirements for nonprofit organizations conducting raffles.
(d) No charitable gaming licensee shall use an electronic gaming device to sell raffle tickets or to conduct raffles. No raffle licensee shall contract with a professional raffle or lottery vendor to manage, operate or conduct any raffle.
(e) All licenses issued under the provisions of this act shall be issued in the name of the organization licensed.
(f) No bingo license or raffle license shall be issued to any bona fide nonprofit religious, charitable, fraternal, educational or veterans' organization if any of its officers, directors or officials:
(1) Have been convicted of, have pleaded guilty to or pleaded nolo contendere to a violation of gambling laws of any state or the gambling laws of the United States, or shall have forfeited bond to appear in court to answer charges for any such violation, or have been convicted or pleaded guilty or pleaded nolo contendere to the violation of any law of this or any other state which is classified as a felony under the laws of such state; or
(2) at the time of application for renewal of a bingo license or raffle license issued hereunder would not be eligible for such license upon a first application.
(g) Each bingo license, raffle license and bingo certificate issued shall expire at midnight on June 30 following its date of issuance.
(h) A bingo licensee may hold only one license. Any licensee may operate or conduct games of bingo at locations that are specified in the license. However, any licensee may operate or conduct games of bingo at locations other than that specified in the license upon approval of the administrator. If any licensee does operate or conduct games of bingo under this provision at a location other than that specified in the license, such licensee shall submit a written notification to the administrator, three days prior to operating or conducting bingo at such other location. No organization shall be issued a license to operate or conduct games of bingo at any location outside the county or an adjoining county within which such organization is located as reported in its application for licensure pursuant to subsection (a). Licenses issued under the provisions of this act shall not be transferred or assignable. If any organization licensed to play bingo changes any of its officers, directors or officials during the term of its bingo license, such organization shall report the names and addresses of such individuals to the administrator immediately with the sworn statement of each such individual as required by this section on forms prescribed by the administrator. No organization which denies its membership to persons for the reason of their race, color or physical handicap, shall be granted or allowed to retain a license issued under the authority of this act. Except for nonprofit adult care homes licensed under the laws of the state of Kansas, no license shall be issued to any organization under the provisions of this act which has not been in existence continuously within the state of Kansas for a period of 18 months immediately preceding the date of making application for a license. The licensee shall display the license in a prominent place in the vicinity of the area where it is to conduct bingo.
(i) No lessor of premises used for the management, operation or conduct of any games of bingo shall permit the management, operation or conduct of bingo games on such premises unless such lessor has been issued a registration certificate by the administrator. Application for registration shall be accompanied by a fee of $100. Such application shall be made upon forms prescribed by the administrator and shall be submitted to the administrator. The application shall contain:
(1) The name or names of the lessor of the premises which will be used for the management, operation or conduct of any games of bingo including, in the case of a corporation, partnership, association, trust or other entity, the names of all individuals having more than a 10% ownership interest, either directly or indirectly in such entity;
(2) the address of such premises;
(3) the name or names of any and all organizations which will manage, operate or conduct any games of bingo on such premises during the period for which the registration certificate is valid; and
(4) such other information as may be required by the administrator.
(j) Each registration certificate, or renewal thereof, issued under the provisions of subsection (g) shall expire at midnight on June 30 following its date of issuance. The certificate of registration shall be valid for only one premises and shall be displayed in a prominent place in the registered premises.
(k) No registration certificate issued under provisions of subsection (g) shall be issued for any premises if any individual who is connected in any way, directly or indirectly, with the owner or lessor of the premises, within five years prior to registration, has been convicted of or pleaded guilty or nolo contendere to any felony or illegal gambling activity or purchased a tax stamp for wagering or gambling activity.
(l) Any bona fide nonprofit religious, charitable, fraternal, educational or veterans' organization that conducts charitable raffles for which the aggregate gross receipts from such raffles in the fiscal year does not exceed $25,000 shall be exempt from the provisions of this section, except that such organization shall be subject to the provisions of subsection (d) regarding how such raffles are managed, operated and conducted.
History: L. 2015, ch. 62, § 5; July 1.
For the purpose of providing revenue which may be used by the state and for the privilege of operating or conducting games of bingo under the authority of this act:
(a) There is hereby levied and there shall be collected and paid by each licensee a tax at the rate of 3% upon the gross receipts received by the licensee from charges for participation in call bingo games using reusable bingo cards and any admission fees or charges. The tax imposed by this section shall be in addition to the license fee imposed under K.S.A. 75-5175, and amendments thereto.
(b) There is hereby levied and there shall be collected and paid by each distributor a tax at a rate of $0.002 upon each bingo face sold or distributed by the distributor to each licensee conducting call bingo games within the state of Kansas. The distributor shall include the tax due under this subsection in the sales price of each bingo face paid by the licensee and such tax shall be itemized separately on the invoice provided to the licensee.
(c) There is hereby levied and there shall be collected and paid by each distributor a tax at a rate of 1% upon the total of the printed retail sales price of all tickets in each box of instant bingo tickets sold or distributed by the distributor to each licensee conducting instant bingo games within the state of Kansas. The distributor shall include the tax due under this subsection in the sales price of each box paid by the licensee and such tax shall be itemized separately on the invoice provided to the licensee.
(d) If a distributor does not receive payment in full from a licensed organization within 60 days of the delivery of call bingo and instant bingo supplies, the supplier shall notify the department of charitable gaming in writing of the delinquency. Upon receipt of the notice of delinquency, the department of charitable gaming may revoke or suspend the license.
(e) Whenever, in the judgment of the administrator, it is necessary, in order to secure the collection of the tax due under subsection (b), the administrator shall require any distributor subject to such tax to file a bond with the director under conditions established by and in such form and amount as prescribed by rules and regulations adopted by the secretary.
History: L. 2015, ch. 62, § 6; July 1.
(a) On dates prescribed by the administrator, every licensee conducting bingo shall make a return to the administrator upon forms prescribed by the administrator. Such form shall contain:
(1) The name and address of the licensee;
(2) the amount of the gross receipts received from charges for participation in games using bingo cards during the preceding reporting period;
(3) the number of bingo faces and the name of the distributor from whom such faces were purchased or otherwise obtained during the preceding reporting period;
(4) the amount of the gross receipts received from charges for admission to the premises for participation in games of bingo during the preceding reporting period;
(5) the number of each denomination of instant bingo tickets sold during the preceding reporting period; and
(6) such other information as the administrator may deem necessary.
(b) On dates prescribed by the administrator, every licensee conducting raffles for which a license fee is required pursuant to K.S.A. 75-5175, and amendments thereto, shall make a return to the administrator upon forms prescribed by the administrator. Such form shall contain:
(1) The name and address of the licensee;
(2) the amount of gross receipts received from raffles conducted by the licensee; and
(3) any other information deemed necessary by the administrator.
(c) On dates prescribed by the administrator, every distributor shall make a return to the administrator upon forms prescribed by the administrator. Such form shall state:
(1) The number of instant bingo tickets sold or distributed to each licensee;
(2) the amount of the retail sales price of such tickets;
(3) the number of bingo cards sold or distributed to each licensee;
(4) the number of bingo faces sold or distributed to each licensee; and
(5) such other information as the administrator may deem necessary.
At the time of making such return, the distributor shall remit to the administrator an amount equal to 98% of the tax due under K.S.A. 75-5176(b), and amendments thereto.
(d) If any licensee or distributor fails to make a return or remit any tax, when required to do so by the provisions of this act, except in the case of an extension of time granted by the administrator, there shall be added to the tax determined to be due a penalty of 25% of the amount of such tax, together with interest at the rate per month prescribed by K.S.A. 79-2968(a), and amendments thereto, from the date the tax was due until paid.
(e) If any tax determined and assessed by the administrator is not remitted due to fraud with intent to evade the tax imposed by this act, there shall be added thereto a penalty of 50% of the amount of such tax, together with interest at the rate per month prescribed by K.S.A. 79-2968(a), and amendments thereto, from the date the tax was due until paid.
(f) Whenever, in the judgment of the administrator, the failure of any licensee or distributor to comply with the provisions of subsection (a), (b), (c) or (d) was due to reasonable cause, the administrator, in the administrator's discretion, may waive or reduce any of the penalties or interest imposed by this section, upon making a record of the reason therefor.
(g) The penalties imposed under this section shall be in addition to all other penalties imposed by law.
History: L. 2015, ch. 62, § 7; July 1.
(a) For the purpose of ascertaining the correctness of any return or for the purpose of determining the receipts and remittances of any licensee or distributor, the administrator may examine any books, papers, records or memoranda, bearing upon the matters required to be included in the records of the licensee or distributor. The administrator may require the attendance of the licensee or distributor in the county where the licensee or distributor resides, or where the location of the registered premises for bingo games or raffles are located, or of any person having knowledge relating to such records, and may take testimony and require proof of such person or persons.
(b) The administrator may issue subpoenas to compel access to or for the production of such books, papers, records or memoranda in the custody of or to which the licensee or distributor has access, or to compel the appearance of such persons. The administrator may issue interrogatories to any such person to the same extent and subject to the same limitations as would apply if the subpoena or interrogatories were issued or served in aid of a civil action in the district court. The administrator 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. In case of the refusal of any person to comply with any subpoena or interrogatory or to testify to any matter regarding which such person lawfully may be questioned, the district court of any county, upon application of the administrator, may order such person to comply with such subpoena or interrogatory or to testify. Failure to obey the court's order may be punished by the court as contempt. Subpoenas or interrogatories issued under the provisions of this section may be served upon individuals 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 administrator.
History: L. 2015, ch. 62, § 8; July 1.
Games of bingo shall be managed, operated and conducted in accordance with the Kansas charitable gaming act and rules and regulations adopted pursuant thereto and the following restrictions:
(a) The entire gross receipts received by any licensee from the operation or conduct of games of bingo, except that portion utilized for the payment of the cost of prizes and license fees and taxes on games of bingo imposed under the provisions of this act, shall be used exclusively for the lawful purposes of the licensee permitted to conduct that game.
(b) Games of bingo shall be managed, conducted or operated by a bona fide member or spouse of a bona fide member of the licensee or parent organization, an auxiliary unit or society or a beneficiary organization of such licensee or of the beneficiary organization. During each session of bingo there must be at least one member of the licensee organization on duty and assisting with the game. Such member must be listed with the office of charitable gaming.
(c) No person may participate in the management, conduct or operation of bingo games or raffles by a licensee if such person, within five years prior to such participation, has been convicted of or pleaded guilty or nolo contendere to any felony or illegal gambling activity or purchased a tax stamp for wagering or gambling activity.
(d) No person may receive any remuneration or profit for participating in the management, conduct or operation of any game of bingo or any raffle managed, conducted or operated by a licensee unless such remuneration or profit goes to the benefit of another nonprofit group. Any employee of the licensee, however, may assist in the conduct of any charitable gaming event.
(e) (1) The aggregate value of all prizes including the retail value of all merchandise awarded or offered by a licensee in a single session to winners of games of call bingo shall not exceed $1,200. The administrator shall increase the call bingo cap on July 1 of each year to reflect changes in the consumer price index for all urban consumers as published by the United States department of labor for the preceding fiscal year. The value of a prize awarded in a progressive or mini bingo game shall not be included when determining the limit imposed by this subsection. Any monetary prize of $1,199 or more awarded in games of bingo shall be paid by a check drawn on the bingo trust bank account of the licensee. Any monetary prize awarded in games of bingo shall be paid by a check on the bingo trust bank account of the licensee upon the request of the winner of such award.
(2) Charitable raffle licensees shall report to the department the name and address of all raffle winners of any prize the retail value of which is $1,199 or more.
(f) The retail value of any merchandise received by a winner of a bingo game shall be considered as the cash value for the purposes of determining the value of the prize.
(g) Each licensee shall keep a record of all games of bingo and charitable raffles managed, operated or conducted by it for a period of three years following the date the game is managed, operated or conducted.
(h) No person under the age of 18 years shall participate in the management, operation or conduct of any game of bingo managed, operated or conducted by a licensee under the provisions of this act and no licensee shall sell any instant bingo ticket to a person under the age of 18 years.
(i) No licensee shall manage, operate or conduct bingo on any leased premises or with leased equipment unless all of the terms and conditions of rental or use, including the rental of chairs, bingo equipment, tables, security guards, janitor service or any other services, are set forth in a lease submitted, approved and on file with the administrator.
(j) Every licensee who has gross receipts of $1,000 or more received from participation in games, admission fees or charges and from any other source directly related to the operation or conduct of any games of bingo in any calendar month shall maintain a bingo trust bank account into which all such receipts are deposited daily and from which all payments are made relating to the management, operation or conduct of any games of bingo. Having once established such bingo trust bank account, the licensee shall continue to make deposits of all receipts therein. Every licensee shall notify the administrator of the name of the bank in which the bingo trust bank account is maintained, together with the number and name of the account. Every licensee who maintains a bingo trust bank account shall maintain a complete record of all deposits and withdrawals from such bank account and the same shall be available to the administrator to audit at any reasonable time.
The records required under this subsection are in addition to all other records required to be kept by the licensee. The records required by this subsection shall be maintained in the same place as all other records required to be kept by the licensee.
(k) No licensee shall purchase or obtain bingo faces or instant bingo tickets from any person or entity other than a distributor registered pursuant to K.S.A. 75-5184, and amendments thereto.
(l) All instant bingo tickets sold or distributed to licensees shall bear on the face thereof a unique serial number which shall not be repeated on the same manufacturer's form number less than every three years. All instant bingo tickets shall be sold or distributed in boxes. Each box shall be sealed by the manufacturer with a seal which includes a warning to the purchaser that the box may have been tampered with if the box was received by the purchaser with the seal broken. Each box of instant bingo tickets shall contain tickets printed in such a manner as to insure that at least 60% of the gross revenues generated by the ultimate sale of all tickets from such box shall be returned to the final purchasers of such tickets. No box of instant bingo tickets may be opened by a licensee unless all tickets contained in a previously opened box with the same form number have been sold.
(m) Each box of instant bingo tickets sold or distributed to licensees shall be accompanied by a flare which contains the following information: (1) The name of the game; (2) the manufacturer's name or logo; (3) the game form number; (4) the ticket count in the game; (5) the prize structure for the game, which includes the number of winning tickets by denomination and their respective winning symbol or number combinations; (6) the cost per ticket; (7) the game serial number; and (8) the winning numbers or symbols for the top three winning tiers set out in such a manner that each prize may be marked off as the prize is won and awarded.
(n) (1) Progressive bingo games may be conducted in conjunction with a session of bingo.
(2) A licensee shall not cease bingo operations unless all progressive bingo games are completed and prizes are awarded, unless prior approval has been received from the secretary.
(3) The rules for a progressive bingo game shall remain in effect until the game ends and the winner is determined.
(4) All progressive bingo games and rules for such games shall be described fully and posted in the house rules prior to the start of the session. Such games shall comply with requirements imposed under the Kansas charitable gaming act and any rules and regulations adopted pursuant thereto.
(5) When a person achieves the first preannounced winning combination, the game shall be completed and the next progressive bingo game and winning combination shall be commenced with a new bingo card or face and all objects or balls in the receptacle.
(6) No progressive bingo game may exceed 20 consecutive sessions conducted by a licensee prior to awarding the established prize.
(7) If the progressive bingo game prize is not awarded at a bingo session, the progressive bingo game shall be continued at a future occasion until such time a winner is determined. The winning prize shall be the full amount. If there is no winner of a progressive bingo game at a session, a stated consolation prize in an amount not to exceed $1,000 may be awarded. Any consolation prize shall be less than the value of the progressive bingo game prize amount.
(o) Any bona fide nonprofit religious, charitable, fraternal, educational or veterans' organization that conducts charitable raffles for which the aggregate gross receipts from such raffles in the fiscal year does not exceed $25,000 shall be exempt from the provisions of this section.
History: L. 2015, ch. 62, § 9; July 1.
(a) The administrator, after a hearing in accordance with the provisions of the Kansas administrative procedure act, may revoke or suspend any license or registration certificate issued under the provisions of this act for any of the following reasons:
(1) The licensee or registrant has obtained the license or registration certificate by giving false information in the application therefor;
(2) the licensee or registrant has violated any of the laws of the state of Kansas or provisions of this act or any rules and regulations adopted pursuant thereto for the registration, licensing, taxing, management, conduct or operation of games of bingo or raffles; or
(3) the licensee or registrant has become ineligible to obtain a license under this act.
(b) Any action of the administrator pursuant to subsection (a) is subject to review in accordance with the Kansas judicial review act. In case of the revocation of the license of any licensee or the registration of any registrant, no new license or registration shall be issued to such lessor, sublessor or organization, or any person acting for or on its behalf, for a period of six months thereafter. No revocation or suspension of a license or registration certificate shall be for a period in excess of one year if the applicant otherwise is qualified on the date the applicant makes a new application therefor.
(c) The administrator is hereby authorized to enjoin any person from managing, operating or conducting any raffle or any games of bingo, or from leasing any premises for such purposes, if such person does not possess a valid license or registration certificate issued pursuant to the provisions of the Kansas charitable gaming act. The administrator shall be entitled to have an order restraining such person from managing, operating or conducting any raffle or any games of bingo or for any other purpose contrary to the provisions of the Kansas charitable gaming act or from leasing premises for any of such purposes. No bond shall be required for any such restraining order, nor for any temporary or permanent injunction issued in such proceedings.
History: L. 2015, ch. 62, § 10; July 1.
(a) The administration and enforcement of the Kansas charitable gaming act and any rules and regulations adopted pursuant thereto shall be vested in the administrator.
(b) Upon recommendation of the administrator, the secretary shall adopt all rules and regulations necessary for the administration and enforcement of the Kansas charitable gaming act by the administrator.
History: L. 2015, ch. 62, § 11; July 1.
(a) All amounts received by or for the administrator from license and registration fees pursuant to 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 charitable gaming regulation fund, except as provided by K.S.A. 75-5183, and amendments thereto.
(b) All amounts received by or for the administrator from the tax levied pursuant to K.S.A. 75-5176, 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.
(c) There is hereby created, in the state treasury, the state charitable gaming regulation fund. Except as provided by K.S.A. 75-5183, and amendments thereto, each deposit remitted to the state treasurer pursuant to subsection (b) shall be credited to the state charitable gaming regulation fund. Except as provided by subsections (d) and (e), all moneys in the state charitable gaming regulation fund shall be expended for the administration and enforcement of the Kansas charitable gaming act, and rules and regulations adopted pursuant thereto. Such expenditures shall be made upon vouchers approved by the administrator.
(d) Except as otherwise provided by this act, all operating expenses of the administrator related to the administration and enforcement of the Kansas charitable gaming act appropriated by the legislature shall be paid from the state charitable gaming regulation fund. At the end of each fiscal year, the director of accounts and reports shall transfer to the state general fund any moneys in the state charitable gaming regulation fund on each such date in excess of the amount required to pay all operating expenses of the administrator related to the administration and enforcement of the Kansas charitable gaming act.
History: L. 2015, ch. 62, § 12; July 1.
There is hereby created the charitable gaming refund fund in the state treasury. The Kansas charitable gaming refund fund shall be a refund clearing fund and refunds of the fees imposed under K.S.A. 75-5175, and amendments thereto, and of the tax levied under K.S.A. 75-5176, and amendments thereto, shall be made from such fund. The charitable gaming refund fund shall be maintained by the administrator from the license and registration fees received and taxes collected under the Kansas charitable gaming act in an amount sufficient for such refunds not to exceed $10,000.
History: L. 2015, ch. 62, § 13; July 1.
(a) No person or entity shall sell or distribute any bingo faces, bingo cards or instant bingo tickets to any licensee unless such person or entity has been issued a distributor registration certificate by the administrator. Application for registration shall be submitted to the administrator and shall be accompanied by a fee of $500 and shall be made upon forms prescribed by the administrator.
(b) Each distributor registration certificate shall expire at midnight on June 30 following its date of issuance. Application for renewal of a registration certificate shall be submitted to the administrator and shall be accompanied by a fee of $500 and shall be made upon forms prescribed by the administrator.
(c) The administrator shall establish, by rules and regulations adopted under the Kansas charitable gaming act, reasonable criteria for approval of applications for registration. The administrator shall refuse to register a distributor if any owner, manager or employee thereof, within five years prior to registration, has been convicted of or pleaded guilty or nolo contendere to any felony or illegal gambling violation in this or any other jurisdiction.
(d) All distributors shall maintain for a period of not less than three years full and complete records of all bingo cards, bingo faces and instant bingo tickets sold or distributed to licensees. Such records shall be made available for inspection by any authorized representative of the administrator.
History: L. 2015, ch. 62, § 14; July 1.
(a) In addition to or in lieu of any other civil or criminal penalty provided by law, the administrator, upon a finding that a licensee, lessor or distributor has violated any provision of the Kansas charitable gaming act or any rule and regulation adopted pursuant thereto, shall impose on such licensee, lessor or distributor a civil fine not exceeding $500 for each violation.
(b) No fine shall be imposed pursuant to this section except upon the written order of the administrator to the licensee, lessor or distributor who committed the violation. Such order shall state the violation, the fine to be imposed and the right of the licensee, lessor or distributor to appeal the order. Such order shall be subject to appeal and review in the manner provided by the Kansas administrative procedure act.
(c) Any fine collected pursuant to 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 charitable gaming regulation fund.
History: L. 2015, ch. 62, § 15; July 1.
(a) The secretary of revenue shall designate an administrator of charitable gaming. The administrator of charitable gaming shall be in the unclassified service and shall receive an annual salary fixed by the secretary of revenue and approved by the governor.
(b) Under the supervision of the secretary, the administrator of charitable gaming shall administer and enforce the provisions of the Kansas charitable gaming act and any rules and regulations adopted pursuant thereto. The administrator's exclusive duties shall be the administration and enforcement of the Kansas charitable gaming act and any rules and regulations adopted pursuant thereto. The administrator shall be solely accountable to and report to the secretary of revenue.
History: L. 2015, ch. 62, § 16; July 1.
If any provision of the Kansas charitable gaming act or the application thereof to any person or circumstances is held unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect other provisions or applications of the act which can be given effect without the unconstitutional or invalid provision or application, and, to this end, the provisions of this act are severable.
History: L. 2015, ch. 62, § 17; July 1.
(a) The department of revenue shall adopt rules and regulations governing the conduct of raffles by nonprofit religious, charitable, fraternal, educational and veterans' organizations. The rules and regulations may include, but not be limited to, standards for the preparation, sale and accountability of tickets, the conduct of drawings and the awarding of prizes.
(b) The administrator shall prepare an annual report on the operation of charitable raffles in this state. The report shall contain any recommended changes to the law to enhance the enforcement of the act. The annual report shall be submitted to the house and senate committees on federal and state affairs. The report shall be submitted on or before January 15 of each year beginning in 2016 and ending with the report due on or before January 15, 2018.
History: L. 2015, ch. 62, § 18; July 1.
(a) The executive director of the Kansas lottery is authorized to enter into agreements with any nonprofit organization licensed under K.S.A. 75-5171 et seq., and amendments thereto, for the operation of instant bingo vending machines, as defined in K.S.A. 74-8702, and amendments thereto, to be located on the premises of such nonprofit organization, provided, that not more than two instant bingo vending machines may be located on the premises of such nonprofit organization. Such agreements shall provide for the remittance of the gross receipts from the sale of instant bingo tickets via any instant bingo vending machine to the nonprofit organization.
(b) All sales of instant bingo tickets via an instant bingo vending machine operated pursuant to an agreement shall be considered sales by the nonprofit organization, and all proceeds from such sales shall be remitted to the nonprofit organization.
History: L. 2018, ch. 96, § 8; May 24.
The legislative purpose in enacting this act shall be deemed to be establishment of a policy of treatment of persons convicted of felonies in this state by placing maximum emphasis on rehabilitation of each such person while in the custody of the state or under the jurisdiction of the courts of the state, consistent with the interests and safety of the public, so that a maximum of persons so convicted may be returned to private life in the communities of the state with improved work habits, education, mental and physical health and attitudes necessary to become and remain useful and self-reliant citizens. It is the intent of the legislature that judges, the secretary of corrections, his or her agents, subordinates and employees and the Kansas adult authority, its agents, subordinates and employees will construe and apply this act and acts of which it is amendatory or supplemental liberally to rehabilitate, train, treat, educate and prepare persons convicted of felony in this state for entry or reentry into the social and economic system of the community upon leaving the custody of these state agencies and officers.
History: L. 1973, ch. 339, § 1; July 1, 1974.
As used in K.S.A. 75-5201 et seq., and amendments thereto, unless the context clearly requires otherwise:
(a) "Secretary" means the secretary of corrections.
(b) "Prisoner review board" means the prisoner review board established by K.S.A. 75-52,152, and amendments thereto.
(c) "Inmate" means any person incarcerated in any correctional institution of the state of Kansas.
(d) "Correctional institution" means the Lansing correctional facility, Hutchinson correctional facility, Topeka correctional facility, Norton correctional facility, Ellsworth correctional facility, Winfield correctional facility, Larned state correctional facility, Stockton correctional facility, Wichita work release facility, El Dorado correctional facility, any juvenile correctional facility or institution as defined in K.S.A. 38-2302, and amendments thereto, and any other correctional institution established by the state for the confinement of adult or juvenile offenders under the control of the secretary of corrections.
(e) "Warden" means the person in charge of the operation and supervision of a correctional institution.
(f) "Corrections officer" means a full-time, salaried officer or employee under the jurisdiction of the secretary, whose duties include the receipt, custody, control, maintenance, discipline, security and apprehension of persons convicted of criminal offense in this state and sentenced to a term of imprisonment under the custody of the secretary.
(g) "Parole officer" means a full-time salaried officer or employee under the jurisdiction of the secretary whose duties include:
(1) Investigation, supervision, arrest and control of persons on parole or postrelease supervision and the enforcement of the conditions of parole or postrelease supervision; and
(2) services that relate to probationers, parolees or persons on postrelease supervision and are required by the uniform act for out-of-state parolee supervision.
History: L. 1973, ch. 339, § 2; L. 1978, ch. 365, § 4; L. 1983, ch. 284, § 6; L. 1984, ch. 112, § 14; L. 1987, ch. 335, § 7; L. 1990, ch. 309, § 46; L. 1991, ch. 260, § 8; L. 1992, ch. 245, § 3; L. 1993, ch. 291, § 247; L. 2012, ch. 16, § 34; L. 2023, ch. 32, § 1; April 27.
(a) There is hereby established the department of corrections, the chief executive officer of which shall be the secretary of corrections. The secretary 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 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. In case of a vacancy in the office of secretary, the governor shall appoint a successor in the manner that the original appointment was made. The secretary shall receive an annual salary fixed by the governor, which shall be payable in equal monthly installments. In addition, the secretary shall be entitled to receive actual and necessary traveling and subsistence expenses incurred in the performance of the secretary's official duties.
(b) Except as provided by subsection (c), no person shall be eligible for appointment to, or hold the position of, secretary of corrections unless such person:
(1) Has had at least five years' experience in the field of corrections or as an executive officer in the administration of federal or state penal or correctional institutions; or
(2) (A) has had at least three years' experience in the field of corrections or as an executive officer in the administration of federal or state penal or correctional institutions; and (B) has a degree from an accredited college or university, which degree is based on penology or a related field as a major of study; or
(3) (A) has had at least five years' experience as a federal, appellate or district judge or federal, district or county prosecutor, five years' experience in military administration or administration of a criminal justice agency or five years' administrative experience treating criminal offenders through programs involving penal custody, parole, probation and sentencing; (B) has a degree from an accredited college or university, which degree is in a social or behavioral science, penology, corrections, criminal justice, police science, criminology, public administration, local corrections programs or a related field; and (C) has demonstrated administrative ability and leadership.
(c) If the governor is unable to appoint a person as secretary who possesses the qualifications required by subsection (b), the governor may appoint a person without such qualifications as acting secretary, who shall be subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto, and shall serve at the pleasure of the governor. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as acting secretary shall exercise any power, duty or function as acting secretary until confirmed by the senate.
(d) Before entering upon the duties of the office, the secretary shall take and subscribe an oath to faithfully and honestly discharge the duties of the office to the best of the secretary's knowledge and ability.
(e) The provisions of the Kansas governmental operations accountability law apply to the department of corrections, and the department is subject to audit, review and evaluation under such law.
History: L. 1973, ch. 339, § 3; L. 1974, ch. 403, § 5; L. 1977, ch. 305, § 1; L. 1981, ch. 299, § 38; L. 1982, ch. 347, § 67; L. 1987, ch. 349, § 1; L. 1992, ch. 116, § 47; L. 2001, ch. 86, § 12; L. 2008, ch. 121, § 28; July 1.
The secretary shall establish three (3) divisions within the department of corrections. Each division head shall be designated as a deputy secretary of corrections and shall be within the unclassified service under the Kansas civil service act. The secretary shall appoint each division head and such person shall serve at the pleasure of the secretary. No person shall be eligible for appointment to, or hold the position of, deputy secretary of corrections unless such person shall have had at least five (5) years' experience as an executive officer in the administration of federal or state penal or correctional institutions or five (5) years' experience in the field of corrections, but three (3) years of such experience may be waived for an appointee having a degree from an accredited college or university, which degree is based on penology or a related field as a major field of study. Such person shall receive an annual salary to be fixed by the secretary with the approval of the state finance council.
History: L. 1973, ch. 339, § 4; L. 1976, ch. 397, § 1; July 1.
(a) The secretary of corrections shall have the general supervision and management of the correctional institutions of the state and such other facilities as may be acquired by lease, purchase or contract for the housing of persons in the secretary's custody. The secretary shall have general supervision, management and control of any manufacturing or other business that may be carried on in behalf of the state pursuant to law, other than business enterprises operating under K.S.A. 75-5288, and amendments thereto, in and about any correctional institution or facility and shall have the power to receive, take charge, sell or otherwise dispose of any articles manufactured or produced for the benefit of the state, in the manner prescribed by law, other than articles, products and services produced or provided by business enterprises operating under K.S.A. 75-5288, and amendments thereto. The secretary shall have charge and general supervision of the grounds and buildings of such correctional institutions, and the secretary is hereby authorized to purchase the necessary material and supplies therefor. The secretary shall be authorized to consolidate the administration and operations of any correctional institutions.
(b) For purpose of carrying out the secretary's duties, the secretary shall have the authority to receive and expend federal funds and to contract with qualified individuals, partnerships, corporations, organizations, other agencies of the state and the federal government and its agencies.
(c) The secretary shall devote the secretary's entire time to the duties conferred upon the secretary by this act. The secretary may appoint such employees as may be necessary for the efficient management and administration of the department of corrections and as are within available appropriations therefor, and such employees shall be within the classified service under the Kansas civil service act unless otherwise specifically provided by law. Any person appointed as an attorney shall be in the unclassified service under the Kansas civil service act.
(d) The secretary may appoint such advisors or groups of advisors as the secretary deems necessary to carry out the duties imposed by this act. Such advisors or groups of advisors will serve at the pleasure of the secretary and may receive mileage and subsistence allowances.
(e) The secretary may accept and receive for the department of corrections or a correctional institution any gift of property which the secretary determines would enhance the services provided by the department of corrections.
(f) The secretary of administration shall provide the department of corrections with office space at Topeka.
History: L. 1973, ch. 339, § 5; L. 1974, ch. 403, § 8; L. 1975, ch. 458, § 1; L. 1978, ch. 332, § 48; L. 1978, ch. 366, § 4; L. 1978, ch. 330, § 40; L. 1979, ch. 296, § 1; L. 1984, ch. 330, § 1; L. 1985, ch. 288, § 1; L. 1988, ch. 301, § 28; L. 1992, ch. 245, § 4; May 21.
(a) Except as provided in subsection (c) or (d), to carry out the purposes of this act, the secretary shall have authority to order the housing and confinement of any person sentenced to the secretary's custody to any institution or facility herein placed under the secretary's supervision and management or to any contract facility, including a conservation camp.
(b) All institutions of the department of corrections shall be institutions for the incarceration of felons sentenced to the custody of the secretary of corrections. The secretary may enter into interagency agreements authorizing the use of department of corrections' institutions for the temporary housing of pretrial detainees, misdemeanor offenders and other persons confined in local detention facilities or jails when the local facility cannot be used to house those persons due to a natural disaster or other emergency. Authorization shall not be given for the temporary housing of juveniles under 16 years of age.
(c) No person under 16 years of age sentenced to the secretary's custody shall be placed in the Lansing correctional facility or the Hutchinson correctional facility.
(d) The secretary shall have the authority to order the placement of a juvenile, as described in K.S.A. 38-2366, and amendments thereto, in a juvenile correctional facility. Such juvenile shall be allowed to be in a juvenile correctional facility only until such juvenile reaches the age of 23 years.
History: L. 1973, ch. 339, § 6; L. 1977, ch. 118, § 3; L. 1978, ch. 367, § 1; L. 1989, ch. 92, § 4; L. 1990, ch. 149, § 6; L. 1996, ch. 229, § 129; L. 1998, ch. 54, § 1; L. 2006, ch. 169, § 125; January 1, 2007.
History: L. 1973, ch. 339, § 7; Repealed, L. 2012, ch. 51, § 2; July 1.
History: L. 1973, ch. 339, § 8; Repealed, L. 2012, ch. 51, § 2; July 1.
The secretary of corrections may arrange for the transfer of an inmate for observation and diagnosis or treatment to other appropriate state institutions with the prior consent of the administrators of the agencies. The administrator of such institution shall accept the transfer of such inmate unless such administrator shows that no facilities are available for the accommodation of such inmate and shall have access to any case study, diagnosis or report of the Topeka correctional facility which relates to an inmate transferred to such institution. While the inmate is in another institution the inmate's sentence shall continue to run. When, in the judgment of the administrator of the institution to which an inmate has been transferred, the inmate has recovered from the condition which occasioned the transfer, the administrator shall provide for the inmate's return to the secretary, unless the inmate's sentence has expired.
The costs of transfer as well as the transportation of the inmate to the appropriate state institution shall be borne by the correctional institution from which such inmate is transferred. No inmate shall receive treatment at the state security hospital after expiration of the inmate's sentence. If the inmate shall be in need of continued treatment for mental illness at the expiration of the inmate's term of confinement, petition to obtain such treatment for the inmate shall be filed pursuant to the care and treatment act for mentally ill persons.
Any inmate transferred to the state security hospital pursuant to this section may correspond freely, without censorship, with any person, except that any such incoming correspondence or parcels may be opened and examined for the purpose of intercepting any items which the superintendent of such institution has declared to be contraband.
History: L. 1973, ch. 339, § 9; L. 1975, ch. 474, § 1; L. 1986, ch. 211, § 38; L. 1990, ch. 309, § 47; L. 1991, ch. 260, § 9; L. 1996, ch. 167, § 62; April 18.
(a) Persons committed to the institutional care of the secretary of corrections shall be dealt with humanely, with efforts directed to their rehabilitation and return to the community as safely and promptly as practicable. For these purposes, the secretary shall establish programs of classification and diagnosis, education, casework, mental health, counseling and psychotherapy, chemical dependency counseling and treatment, sexual offender counseling, prerelease programs which emphasize re-entry skills, adjustment counseling and job placement, vocational training and guidance, work, library, physical education and other rehabilitation and recreation services; the secretary may establish facilities for religious worship; and the secretary shall institute procedures for the study and classification of inmates. The secretary shall maintain a comprehensive record of the behavior of each inmate reflecting accomplishments and progress toward rehabilitation as well as charges of infractions of rules and regulations, punishments imposed and medical inspections made.
(b) Programs of work, education or training shall include a system of promotional rewards entitling inmates to progressive transfer from high security status to a lesser security status. The secretary shall have authority at any time to transfer an inmate from one level of status to another level of status. Inmates may apply to the secretary for such status privileges. The secretary shall adopt a custody classification manual establishing standards relating to the transfer of an inmate from one status to another, and in developing such standards the secretary shall take into consideration progress made by the inmate toward attaining the educational, vocational and behavioral goals set by the secretary for the individual inmate. In order to facilitate the reintegration into the community of some inmates who are scheduled for release within the next 90 days, there shall be a presumption of minimum security status for those offenders who have been returned to prison for violating conditions of their postrelease supervision not involving a new criminal conviction and whose last facility security custody status was not either special management or maximum. Inmates sentenced to a state facility designated by the secretary to participate in an intensive substance abuse treatment program, shall have a presumption of minimum security status. These presumptions of minimum security status shall be applied to the initial security custody upon readmission into a correctional facility or admission into a state facility to participate in an intensive substance abuse treatment program, unless the security custody status is increased pursuant to policies adopted by the secretary. The security custody status designated by the department shall not be subject to judicial review.
(c) The secretary, with the cooperation of the department of health and environment, shall adopt rules and regulations establishing and prescribing standards for health, medical and dental services for each institution, including preventive, diagnostic and therapeutic measures on both an outpatient and a hospital basis, for all types of patients. An inmate may be taken, when necessary, to a medical facility outside the institution.
(d) Under rules and regulations adopted by the secretary, directors of institutions may authorize visits, correspondence and communication, under reasonable conditions, between inmates and appropriate friends, relatives and others.
(e) The secretary shall adopt rules and regulations under which inmates, as part of a program anticipating their release from minimum security status, may be granted temporary furloughs from a correctional institution or contract facility to visit their families or to be interviewed by prospective employers.
(f) The secretary shall adopt rules and regulations for the maintenance of good order and discipline in the correctional institutions, including procedures for dealing with violations. Disciplinary rules and regulations may provide a system of punishment including segregation, forfeitures of good time earned, fines, extra work, loss of privileges, restrictions and payment of restitution.
The secretary and any persons designated by rules and regulations of the secretary may administer oaths for the purpose of conducting investigations and disciplinary proceedings pursuant to rules and regulations adopted by the secretary under this subsection and under K.S.A. 75-5251, and amendments thereto. For this purpose, the secretary shall adopt rules and regulations designating those persons who may administer oaths in such investigations and proceedings and the form and manner of administration of the oaths.
(g) A copy of the rules and regulations adopted pursuant to subsection (f) shall be provided to each inmate. Other rules and regulations of the secretary which are required to be published pursuant to K.S.A. 77-415 through 77-437, and amendments thereto, shall be made available to inmates by placing a copy in the inmate library at the institution or by some other means providing reasonable accessibility to inmates.
(h) Any inmate participating in work and educational release programs under the provisions of K.S.A. 75-5267, and amendments thereto, shall continue to be in the legal custody of the secretary of corrections, notwithstanding the inmate's absence from a correctional institution by reason of employment, education or for any other purpose related to such work and educational release programs, and any employer or educator of that person shall be considered the representative or agent for the secretary.
(i) The secretary shall establish administrative and fiscal procedures to permit the use of regional or community institutions, local governmental or private facilities or halfway houses for the placement of inmates released for the purposes of this act and for the work and educational release programs under K.S.A. 75-5267, and amendments thereto.
(j) The secretary may establish correctional work facilities and select inmates to be assigned to such facilities.
(k) The secretary may acquire, in the name of the state, by lease, purchase or contract additional facilities as may be needed for the housing of persons in the secretary's custody.
(l) The secretary is hereby authorized to use any of the inmates assigned to the secretary's custody in the construction and repair of buildings or property on state owned or leased grounds.
(m) For the purposes of establishing and carrying out the programs provided for by subsection (a) and by K.S.A. 75-5267, and amendments thereto, the secretary may contract with qualified individuals, partnerships, corporations or organizations; with agencies of the state; or with the United States or any political subdivision of the state, or any agency thereof.
History: L. 1973, ch. 339, § 10; L. 1978, ch. 368, § 1; L. 1979, ch. 296, § 2; L. 1980, ch. 285, § 1; L. 1981, ch. 347, § 1; L. 1984, ch. 319, § 1; L. 1990, ch. 309, § 48; L. 1992, ch. 239, § 286; L. 2002, ch. 154, § 1; L. 2008, ch. 183, § 10; July 1.
(a) Within a reasonable time after a defendant is committed to the custody of the secretary of corrections, for service of a sentence for an indeterminate or off grid crime, the secretary shall enter into a written agreement with the inmate specifying those educational, vocational, mental health or other programs which the secretary determines the inmate must satisfactorily complete in order to be prepared for release on parole supervision. To the extent practicable, the agreement shall require the inmate to have made progress towards or to have successfully completed the equivalent of a secondary education before release on parole if the inmate has not previously completed such educational equivalent and is capable of doing so. The agreement shall be conditioned on the inmate's satisfactory conduct, employment and attitude while incarcerated. If the secretary determines that the inmate's conduct, employment, attitude or needs require modifications or additions to those programs which are set forth in the agreement, the secretary shall revise the requirements. The secretary shall agree that, when the inmate satisfactorily completes the programs required by the agreement, or any revision thereof, the secretary shall report that fact in writing to the prisoner review board. If the inmate becomes eligible for parole before satisfactorily completing such programs, the secretary shall report in writing to the board the programs which are not completed.
(b) A copy of any agreement and any revisions thereof shall be entered into the inmate's record.
History: L. 1988, ch. 115, § 6; L. 1990, ch. 113, § 1; L. 1992, ch. 239, § 287; L. 2007, ch. 50, § 1; L. 2012, ch. 16, § 35; July 1.
(a) The secretary of corrections shall provide programs of employment, work, educational or vocational training for those inmates whom the secretary determines are available, willing and able to participate and are capable of benefiting therefrom. Equipment, management practices and general procedures shall, to the extent possible, approximate normal conditions of employment. Such work week may include schooling, vocational training, employment at private industry, treatment or other activities authorized by the secretary. For all purposes under state law, no inmate shall be deemed to be an employee of the state or any state agency. The secretary of corrections may credit to each inmate as a reward for such employment, an amount which shall be set by the secretary of corrections. Any inmate who is gainfully employed under the work release provisions of K.S.A. 75-5267 and 75-5268, and amendments thereto, or who is gainfully employed by a private business enterprise operating on the grounds of a correctional institution under K.S.A. 75-5288, and amendments thereto, or any other private business at which inmates are permitted to be gainfully employed, and any inmate who is incarcerated at the Topeka correctional facility for the purpose of receiving diagnosis and any inmate on disciplinary segregation status shall not be eligible to receive compensation as provided in this subsection.
(b) The secretary of corrections shall establish programs and prescribe procedures for withdrawing amounts from the compensation paid to inmates from all sources for the same purposes as are prescribed by K.S.A. 75-5268, and amendments thereto, for moneys of work release participants, except that any inmate employed in a private industry program, other than work release, shall, in addition to the deductions specified in K.S.A. 75-5268, and amendments thereto, have deduction of 5% of monthly gross wages paid to the following funds for the purpose of victim assistance or compensation: (1) Department of corrections victim assistance fund or the crime victims compensation fund, as determined by the secretary, on and after July 1, 2008, through June 30, 2009; and (2) crime victims compensation fund or a local property crime fund on and after July 1, 2009. The department of corrections is authorized to make this deduction and payment to the department of corrections victim assistance fund, the crime victims compensation fund or a local property crime fund, as applicable. On and after July 1, 2009, in the event a local fund has made a payment to a victim of a property crime under this act and there is an order of restitution for which moneys are being withheld from an inmate under K.S.A. 75-5268, and amendments thereto, the secretary shall cause such moneys deducted for use by the state crime victims compensation board to be paid quarterly to the local fund, if any, then the balance to the state crime victims compensation fund. If there is no order of restitution, then K.S.A. 75-5268, and amendments thereto, shall apply to the disposition of funds.
(c) (1) Upon the initial release of any inmate on parole, conditional release, postrelease supervision or expiration of the inmate's maximum sentence, the inmate shall be provided with suitable clothing and, if the inmate has a balance of $500 or less in the inmate's trust account, a cash payment of $100. If the inmate subsequently violates a condition of release resulting in reincarceration and is thereafter again released on parole, conditional release, postrelease supervision or expiration of the inmate's maximum sentence, the inmate may be provided, pursuant to rules and regulations of the secretary of corrections, with a cash payment of not more than $100. Any inmate who is gainfully employed under the work release provisions of K.S.A. 75-5267 and 75-5268, and amendments thereto, or who is gainfully employed by a private business enterprise operating on the grounds of a correctional institution under K.S.A. 75-5288, and amendments thereto, or any other private business at which inmates are permitted to be gainfully employed, or any inmate paroled or released to a detainer shall not be eligible to receive this cash payment unless the inmate is released to the community within 30 days of the execution of the detainer.
(2) An inmate released on expiration of the inmate's maximum sentence shall be provided public transportation, if required, to the inmate's home, if within the state, or, if not, to the place of conviction or to some other place not more distant, as selected by the inmate. An inmate released on parole or conditional release shall be provided public transportation, if required, to the place to which the inmate was paroled or conditionally released.
History: L. 1973, ch. 339, § 11; L. 1975, ch. 458, § 2; L. 1978, ch. 366, § 5; L. 1980, ch. 286, § 1; L. 1981, ch. 348, § 1; L. 1984, ch. 330, § 2; L. 1986, ch. 334, § 1; L. 1986, ch. 308, § 2; L. 1988, ch. 346, § 1; L. 1989, ch. 239, § 25; L. 1990, ch. 321, § 17; L. 1991, ch. 260, § 10; L. 1993, ch. 144, § 1; L. 1997, ch. 104, § 1; L. 2003, ch. 122, § 1; L. 2008, ch. 91, § 1; July 1.
(a) The secretary shall adopt rules and regulations establishing standards of training and provisions for certifying corrections officers and parole officers.
(b) Except as provided in subsection (c), no person shall receive a permanent appointment as a corrections officer or a parole officer unless awarded a certificate by the secretary, attesting to satisfactory completion of a basic course of instruction approved by the secretary and consisting of not less than 200 hours of instruction. The certificate shall be effective during the term of a person's employment, except that any person who has terminated employment with the secretary for a period exceeding one year shall be required to be certified again.
(c) The secretary may award a certificate attesting to the satisfactory completion of a basic course of instruction to any person who has been duly certified under the laws of another state or territory if, in the opinion of the secretary, the requirements for certification in the other jurisdiction are equal to or exceed the requirements for certification in this state. The secretary may waive any number of hours or courses required to complete the basic course of instruction for any person who, in the opinion of the secretary, has received sufficient training or experience that such hours of instruction would be unduly burdensome or duplicitous.
(d) Every corrections officer shall receive not less than 40 hours of in-service training annually.
History: L. 1973, ch. 339, § 19; L. 1974, ch. 403, § 7; L. 1978, ch. 365, § 5; L. 1980, ch. 287, § 1; L. 1984, ch. 112, § 15; L. 1990, ch. 309, § 50; L. 2008, ch. 70, § 1; July 1.
History: L. 1973, ch. 339, § 24; Repealed, L. 2012, ch. 51, § 2; July 1.
(a) The secretary of corrections shall appoint parole officers in a number sufficient to administer the provisions of this act. Parole officers appointed by the secretary of corrections shall have and exercise police powers to the same extent as other law enforcement officers and such powers may be exercised by them anywhere within the state. Such parole officers shall, in addition to their regular compensation, receive their actual and necessary traveling and other expenses incurred in the performance of their official duties.
(b) The secretary may utilize the volunteer services of, or contract with, any of the following to obtain parole services if necessary and if an economic benefit to the state or an improvement in parole and correctional objectives can be shown:
(1) Any qualified individual, partnership, corporation or organization;
(2) any agency of the state;
(3) the United States; or
(4) any political subdivision of the state, or any agency thereof.
Volunteer or contract parole officers shall have the same powers and duties as parole officers employed by the secretary, except that they shall not be deemed to be law enforcement officers or have law enforcement powers.
History: L. 1973, ch. 339, § 20; L. 1978, ch. 120, § 16; L. 1981, ch. 349, § 1; July 1.
History: L. 1973, ch. 339, § 21; Repealed, L. 1978, ch. 120, § 34; July 1.
(a) Parole officers shall investigate all persons referred to them for investigation by the secretary of corrections. Parole officers shall furnish to each person released under their supervision a written statement of the conditions of parole or postrelease supervision and shall give instructions regarding these conditions. Parole officers shall keep informed of the conduct and condition of a parolee or inmate on postrelease supervision and use all suitable methods to aid, encourage and bring about improvement in the conduct and condition of such parolee or inmate on postrelease supervision. Parole officers shall keep detailed records of their work and shall make such reports in writing and perform such other duties as may be incidental to those above enumerated or as the secretary may require. Parole officers shall coordinate their work with that of social welfare agencies.
(b) The secretary of corrections shall develop guidance for use by parole officers that includes intervention responses to behavior that would constitute a violation of parole or postrelease supervision and incentive responses to compliant behavior and pro-social achievements. Parole officers shall use such guidance developed by the secretary while supervising offenders on parole or postrelease supervision.
History: L. 1973, ch. 339, § 22; L. 1978, ch. 120, § 17; L. 1992, ch. 239, § 288; L. 2021, ch. 105, § 5; July 1.
(a) At any time during release on parole, conditional release or postrelease supervision, the secretary of corrections may issue a warrant for the arrest of a released inmate for violation of any of the conditions of release, or a notice to appear to answer to a charge of violation. Such notice shall be served personally upon the released inmate. The warrant shall authorize any law enforcement officer to arrest and deliver the released inmate to a place as provided by subsection (g). Any parole officer may arrest such released inmate without a warrant, or may deputize any other officer with power of arrest to do so by giving such officer a written or verbal arrest and detain order setting forth that the released inmate, in the judgment of the parole officer, has violated the conditions of the inmate's release. A written arrest and detain order delivered to the official in charge of the institution or place to which the released inmate is brought for detention shall be sufficient warrant for detaining the inmate. After making an arrest the parole officer shall present to the detaining authorities a similar arrest and detain order and statement of the circumstances of violation. Pending a hearing, as provided in this section, upon any charge of violation the released inmate shall remain incarcerated in the institution or place to which the inmate is taken for detention.
(b) Upon such arrest and detention, the parole officer shall notify the secretary of corrections, or the secretary's designee, within five days and shall submit in writing a report showing in what manner the released inmate had violated the conditions of release. After such notification is given to the secretary of corrections, or upon an arrest by warrant as herein provided and the finding of probable cause pursuant to procedures established by the secretary of a violation of the released inmate's conditions of release, the secretary or the secretary's designee may cause the released inmate to be brought before the prisoner review board, its designee or designees, for a hearing on the violation charged, under such rules and regulations as the board may adopt, or may dismiss the charges that the released inmate has violated the conditions of release and order the released inmate to remain on parole, conditional release or post release supervision. A dismissal of charges may be conditioned on the released inmate agreeing to the withholding of credit for the period of time from the date of the issuance of the secretary's warrant and the offender's arrest or return to Kansas as provided by subsection (f). The board may determine whether such hearing requires the released inmate to appear personally before the board when such inmate's violation results from a conviction for a new felony or misdemeanor. An offender under determinant sentencing whose violation does not result from a conviction of a new felony or misdemeanor may waive the right to a final revocation hearing before the board under such conditions and terms as may be prescribed by rules and regulations promulgated by the secretary of corrections. Relevant written statements made under oath shall be admitted and considered by the board, its designee or designees, along with other evidence presented at the hearing. If the violation is established to the satisfaction of the board, the board may continue or revoke the parole or conditional release, or enter such other order as the board may see fit. The revocation of release of inmates who are on a specified period of postrelease supervision shall be for a six-month period of confinement from the date of the revocation hearing before the board or the effective date of waiver of such hearing by the offender pursuant to rules and regulations promulgated by the board, if the violation does not result from a conviction for a new felony or misdemeanor. Such period of confinement may be reduced by not more than three months based on the inmate's conduct, work and program participation during the incarceration period. The reduction in the incarceration period shall be on an earned basis pursuant to rules and regulations adopted by the secretary of corrections.
(c) If the violation results from a conviction for a new felony, upon revocation, the inmate shall serve a period of confinement, to be determined by the prisoner review board, which shall not exceed the remaining balance of the period of postrelease supervision, even if the new conviction did not result in the imposition of a new term of imprisonment.
(d) If the violation results from a conviction for a new misdemeanor, upon revocation, the inmate shall serve a period of confinement, to be determined by the prisoner review board, which shall not exceed the remaining balance of the period of postrelease supervision.
(e) In the event the released inmate reaches conditional release date as provided by K.S.A.
22-3718, and amendments thereto, after a finding of probable cause, pursuant to procedures established by the secretary of corrections of a violation of the released inmate's conditions of release, but prior to a hearing before the prisoner review board, the secretary of corrections shall be authorized to detain the inmate until the hearing by the board. The secretary shall then enforce the order issued by the board.
(f) (1) If the secretary of corrections issues a warrant for the arrest of a released inmate for violation of any of the conditions of release and the released inmate is subsequently arrested in the state of Kansas, either pursuant to the warrant issued by the secretary of corrections or for any other reason, the released inmate's sentence shall not be credited with the period of time from the date of the issuance of the secretary's warrant to the date of the released inmate's arrest, except as provided by subsection (i).
(2) If a released inmate for whom a warrant has been issued by the secretary of corrections for violation of the conditions of release is subsequently arrested in another state, and the released inmate has been authorized as a condition of such inmate's release to reside in or travel to the state in which the released inmate was arrested, and the released inmate has not absconded from supervision, the released inmate's sentence shall not be credited with the period of time from the date of the issuance of the warrant to the date of the released inmate's arrest, except as provided by subsection (i). If the released inmate for whom a warrant has been issued by the secretary of corrections for violation of the conditions of release is subsequently arrested in another state for reasons other than the secretary's warrant and the released inmate does not have authorization to be in the other state or if authorized to be in the other state has been charged by the secretary with having absconded from supervision, the released inmate's sentence shall not be credited with the period of time from the date of the issuance of the warrant by the secretary to the date the released inmate is first available to be returned to the state of Kansas, except as provided by subsection (i). If the released inmate for whom a warrant has been issued by the secretary of corrections for violation of a condition of release is subsequently arrested in another state pursuant only to the secretary's warrant, the released inmate's sentence shall not be credited with the period of time from the date of the issuance of the secretary's warrant to the date of the released inmate's arrest, regardless of whether the released inmate's presence in the other state was authorized or the released inmate had absconded from supervision, except as provided by subsection (i).
(3) The secretary may issue a warrant for the arrest of a released inmate for violation of any of the conditions of release and may direct that all reasonable means to serve the warrant and detain such released inmate be employed including, but not limited to, notifying the federal bureau of investigation of such violation and issuance of warrant and requesting from the federal bureau of investigation any pertinent information it may possess concerning the whereabouts of the released inmate.
(g) Law enforcement officers shall execute warrants issued by the secretary of corrections, and shall deliver the inmate named in the warrant to the jail used by the county where the inmate is arrested unless some other place is designated by the secretary, in the same manner as for the execution of any arrest warrant.
(h) For the purposes of this section, an inmate or released inmate is an individual under the supervision of the secretary of corrections, including, but not limited to, an individual on parole, conditional release, postrelease supervision, probation granted by another state or an individual supervised under any interstate compact in accordance with the provisions of the uniform act for out-of-state parolee supervision, K.S.A.
22-4101
et seq., and amendments thereto.
(i) Time not credited to the released inmate's sentence pursuant to subsection (f) shall be credited if the violation charges are dismissed without an agreement providing otherwise or the violations are not established to the satisfaction of the board.
(j) As used in this section, "absconded from supervision" means knowingly avoiding supervision or knowingly making the defendant's whereabouts unknown to the defendant's supervising parole officer, court services officer or community correctional services officer.
History: L. 1973, ch. 339, § 23; L. 1977, ch. 306, § 1; L. 1978, ch. 120, § 18; L. 1981, ch. 350, § 3; L. 1987, ch. 350, § 1; L. 1991, ch. 264, § 1; L. 1992, ch. 239, § 289; L. 1994, ch. 291, § 82; L. 1995, ch. 121, § 5; L. 1996, ch. 267, § 16; L. 1998, ch. 186, § 4; L. 1999, ch. 54, § 1; L. 1999, ch. 164, § 35; L. 2000, ch. 35, § 1; L. 2007, ch. 48, § 1; L. 2008, ch. 183, § 11; L. 2012, ch. 16, § 36; L. 2013, ch. 76, § 7; L. 2016, ch. 36, § 2; L. 2021, ch. 105, § 6; July 1.
(a) When any person is sentenced to the custody of the secretary of corrections, the clerk of the court which imposed such sentence shall deliver to the officer having the offender in charge the judgment form or journal entry as required by K.S.A. 21-6711, or K.S.A. 22-3426, and amendments thereto, together with the order of commitment to the custody of the secretary of corrections as required by K.S.A. 21-6712, and amendments thereto. Within three business days of receipt of the order of commitment and the judgment form or journal entry, the officer having the offender in charge shall forward certified copies to the secretary of corrections. Copies of these materials shall also be delivered to the officers conveying the offender to the Topeka correctional facility, department of corrections reception and diagnostic unit or such other correctional institution prescribed by K.S.A. 75-5220, and amendments thereto, or by the secretary of corrections in accordance with such statute.
(b) When an offender's sentence has been modified in accordance with the provisions of K.S.A. 21-6605, and amendments thereto, the clerk of the court which imposed such modified sentence shall within three business days notify the secretary of corrections by sending a certified copy of the court's order modifying the offender's sentence to the secretary or the secretary's designee.
History: L. 1973, ch. 339, § 27; L. 1978, ch. 120, § 19; L. 1980, ch. 104, § 8; L. 1990, ch. 309, § 51; L. 1991, ch. 260, § 11; L. 2002, ch. 50, § 2; L. 2011, ch. 30, § 277; July 1.
The judge presiding at such trial may direct the stenographer to make a copy of all the evidence given at such trial, or any part of it, which copy shall be approved by the judge and certified by the clerk and transmitted to the secretary of corrections. The evidence so certified and copy of the record may be used against such offender in any proceedings taken by him or her for release from imprisonment by habeas corpus or otherwise.
History: L. 1973, ch. 339, § 28; July 1, 1974.
(a) Except as provided in subsections (d), (e) and (f), within four business days of receipt of the notice provided for in K.S.A. 75-5218, and amendments thereto, the secretary of corrections shall notify the sheriff having such offender in custody to convey such offender immediately to the department of corrections reception and diagnostic unit or if space is not available at such facility, then to some other state correctional institution until space at the facility is available, except that, in the case of first offenders who are conveyed to a state correctional institution other than the reception and diagnostic unit, such offenders shall be segregated from the inmates of such correctional institution who are not being held in custody at such institution pending transfer to the reception and diagnostic unit when space is available therein. The expenses of any such conveyance shall be charged against and paid out of the general fund of the county whose sheriff conveys the offender to the institution as provided in this subsection.
(b) Any female offender sentenced according to the provisions of K.S.A. 75-5229, and amendments thereto, shall be conveyed by the sheriff having such offender in custody directly to a correctional institution designated by the secretary of corrections, subject to the provisions of K.S.A. 75-52,134, and amendments thereto. The expenses of such conveyance to the designated institution shall be charged against and paid out of the general fund of the county whose sheriff conveys such female offender to such institution.
(c) Each offender conveyed to a state correctional institution pursuant to this section shall be accompanied by the record of the offender's trial and conviction as prepared by the clerk of the district court in accordance with K.S.A. 75-5218, and amendments thereto.
(d) If the offender in the custody of the secretary is a juvenile, as described in K.S.A. 38-2366, and amendments thereto, such juvenile shall not be transferred to the department of corrections reception and diagnostic unit until such time as such juvenile is to be transferred from a juvenile correctional facility to a department of corrections institution or facility.
(e) Any offender sentenced to a facility designated by the secretary of corrections to participate in an intensive substance abuse treatment program shall not be transferred to the department of corrections reception and diagnostic unit but directly to such facility, unless otherwise directed by the secretary. The secretary may transfer the housing and confinement of any offender sentenced to a facility to participate in an intensive substance abuse treatment program to any institution or facility pursuant to K.S.A. 75-5206, and amendments thereto.
(f) If the offender has 20 or less days remaining to be served on the prison portion of the sentence at the time the notice provided for in K.S.A. 75-5218, and amendments thereto, is received by the secretary of corrections, the secretary may order the offender discharged from the prison portion of the sentence.
(g) All costs incurred for medical care and treatment of the offender while in the actual physical custody of the secretary of corrections shall be the responsibility of the secretary of corrections.
History: L. 1973, ch. 339, § 29; L. 1975, ch. 459, § 1; L. 1978, ch. 120, § 20; L. 1983, ch. 284, § 7; L. 1990, ch. 322, § 1; L. 1990, ch. 309, § 52; L. 1990, ch. 149, § 7; L. 1991, ch. 260, § 12; L. 1996, ch. 229, § 130; L. 2000, ch. 181, § 14; L. 2006, ch. 172, § 1; L. 2007, ch. 195, § 42; L. 2008, ch. 183, § 12; L. 2010, ch. 89, § 2; L. 2012, ch. 148, § 2; July 1.
History: L. 1973, ch. 339, § 29; L. 1975, ch. 459, § 1; L. 1978, ch. 120, § 20; L. 1983, ch. 284, § 7; L. 1990, ch. 322, § 1; L. 1990, ch. 309, § 52; L. 1990, ch. 149, § 7; L. 1991, ch. 260, § 12; L. 1996, ch. 229, § 130; L. 2000, ch. 181, § 14; L. 2006, ch. 169, § 126; Repealed, L. 2007, ch. 195, § 59; July 1.
The secretary shall keep a record of each inmate sentenced to the secretary's custody with the date of admission, place of residence, the county which the inmate is from; if transferred, the institution from which the inmate was transferred, crime for which convicted, age, education and such other facts pertaining to early social influences, habits and former life and character as will aid in determining the inmate's natural tendencies and the best plan of treatment. The secretary shall also keep records showing each inmate's progress and standing in the institutions, date of parole or postrelease supervision, final discharge and any facts of personal history obtainable subsequent to parole or postrelease supervision, all punishment inflicted and the purpose therefor, and such other records and information as the secretary may direct.
History: L. 1973, ch. 339, § 30; L. 1992, ch. 239, § 290; July 1, 1993.
When an inmate escapes from a correctional institution or the custody of the secretary, the secretary shall take all proper measures for the apprehension of the inmate, including the issuance of a warrant for the apprehension of the inmate. Law enforcement officers shall execute warrants for the apprehension of escaped inmates in the same manner as any arrest warrant and shall deliver the inmate named in the warrant to the jail used by the county where the inmate is apprehended unless some other place is designated by the secretary. The secretary may offer a reward, not to exceed $5,000, for the apprehension of such inmate.
History: L. 1973, ch. 339, § 31; L. 1998, ch. 186, § 5; L. 1999, ch. 53, § 1; July 1.
Upon the request of an inmate confined at a correctional institution under the supervision and control of the secretary of corrections for a Bible or other related religious text materials, the secretary shall furnish any such religious materials that have been donated to the secretary to the inmate, provided such religious materials are not determined by the secretary to be detrimental to the security and orderly operation of a correctional institution.
History: L. 1973, ch. 339, § 32; L. 1996, ch. 155, § 1; July 1.
In the case of any contagious disease, natural disaster or catastrophe occurring in any institution under the control of the secretary, the secretary may cause the removal of such inmates as may be necessary to a place of security consistent with their safekeeping until such time as said inmates may safely be returned to such institution.
History: L. 1973, ch. 339, § 33; July 1, 1974.
No defect in the order of commitment under which a person convicted of crime is held by the warden of any correctional institution or the secretary of corrections shall be held a ground of action against the warden or the secretary of corrections for false imprisonment, and no such action shall be maintained in the courts, provided it shall appear that the warden or the secretary of corrections attempted to faithfully carry out the judgment of the court making such order.
History: L. 1973, ch. 339, § 34; L. 1990, ch. 309, § 53; May 24.
(a) Unlawful use of inmate labor is the knowing use by any corrections officer or employee of any correctional institution of the labor of any inmate or inmates of a correctional institution for the personal benefit of such corrections officer or employee.
(b) Unlawful use of inmate labor shall constitute a class A misdemeanor.
History: L. 1973, ch. 339, § 35; L. 1990, ch. 309, § 54; May 24.
History: L. 1973, ch. 339, § 36; Repealed, L. 1996, ch. 55, § 1; July 1.
History: L. 1973, ch. 339, § 37; L. 1975, ch. 462, § 121; L. 1976, ch. 398, § 1; L. 1981, ch. 351, § 1; Repealed, L. 1996, ch. 136, § 1; April 11.
(a) Every woman sentenced to imprisonment for a felony shall be sentenced to the custody of the secretary of corrections.
(b) Every woman sentenced to the custody of the secretary of corrections shall be given a scientific examination and study and shall have a program planned and recommended for her. The examination shall be given, the study shall be made and the program shall be prepared in accordance with procedures prescribed by the secretary of corrections, subject to the provisions of K.S.A. 75-52,134, and amendments thereto. If the woman in the custody of the secretary is a juvenile, as described in K.S.A. 38-2366, and amendments thereto, such juvenile shall not be given a scientific examination and study until such time as such juvenile is to be transferred from a juvenile correctional facility to a department of corrections institution or facility.
History: L. 1973, ch. 339, § 75; L. 1977, ch. 307, § 1; L. 1978, ch. 369, § 1; L. 1978, ch. 369, § 2; L. 1983, ch. 284, § 8; L. 1984, ch. 331, § 1; L. 1990, ch. 322, § 2; L. 1990, ch. 149, § 8; L. 1996, ch. 229, § 131; L. 2006, ch. 169, § 127; L. 2012, ch. 148, § 3; July 1.
Revisor's Note: Section transferred to 74-7401.
Revisor's Note: Section transferred to 74-7403.
History: L. 1974, ch. 401, § 1; Repealed, L. 1986, ch. 335, § 1; July 1.
(a) Except when another cost effective method of transportation is available, the secretary of corrections may contract with qualified individuals, partnerships or corporations for the purpose of transporting individuals in the secretary's custody, including the exchange of inmates with other states and the return of individuals who have violated the conditions of their parole or conditional release.
(b) The secretary of corrections shall require that any party desiring to enter into such a contract have adequate levels of liability insurance.
(c) The secretary of corrections shall require the contracting party to present evidence of training for its employees prior to transporting any individual.
(d) An individual engaged in transportation pursuant to a contract with the secretary of corrections shall have the authority of a person assisting a law enforcement officer as provided in K.S.A. 21-5227, and amendments thereto.
(e) The secretary of corrections shall adopt such rules and regulations as necessary to implement the provisions of this section.
History: L. 1986, ch. 309, § 1; L. 2011, ch. 30, § 278; July 1.
(a) The secretary of corrections shall appoint a warden of each of the correctional institutions under the secretary's supervision and control. Such wardens shall be within the classified service under the Kansas civil service act, but the residence requirements of such act shall not apply to such appointment.
(b) All the powers, duties and functions of the existing director of a correctional institution are hereby transferred to, conferred, and imposed upon the warden of such correctional institution. Whenever the director of a correctional institution, or words of like effect, is referred to or designated by a statute, contract or document, such reference or designation shall be deemed to apply to the warden of the correctional institution.
History: L. 1973, ch. 339, § 25; L. 1990, ch. 309, § 55; May 24.
Every corrections officer who shall be appointed pursuant to the provisions of this act shall make and file in the office of the secretary, within 15 days after the appointment, the constitutional oath of office. Each corrections officer who is required by the rules of the correctional institution to wear a uniform shall be furnished with at least two uniform suits upon commencement of employment duties at the correctional institution and replacements thereof as needed.
History: L. 1973, ch. 339, § 26; L. 1975, ch. 458, § 3; L. 1990, ch. 309, § 56; May 24.
The warden of any correctional institution within the Kansas department of corrections, all deputy wardens, all persons on the staff of the department of corrections who are in the chain of command from the secretary of corrections to the corrections officer and every corrections officer, regardless of rank, while acting within the scope of their duties as employees of the department of corrections, shall possess such powers and duties of a law enforcement officer as are necessary for the performance of such duties and may exercise such powers and duties anywhere within the state of Kansas. Such powers and duties may be exercised outside the state of Kansas for the purpose of maintaining custody, security and control of any prisoner or inmate being transported or escorted by anyone authorized to so act. Such employees of the department of corrections shall be responsible to and shall be at all times under the supervision and control of the secretary of corrections or the secretary's designee.
History: L. 1975, ch. 466, § 1; L. 1978, ch. 365, § 6; L. 1990, ch. 309, § 57; May 24.
Any correctional institution that averages more than fifty (50) inmates daily shall provide a minimum of one social counselor for every one hundred (100) inmates incarcerated. Any institution that has over five hundred (500) inmates shall have a minimum of one trained psychiatrist or psychologist for every five hundred (500) inmates.
History: L. 1973, ch. 339, § 38; July 1, 1974.
The secretary of corrections shall employ or contract with a person licensed to practice medicine and surgery to be the chief physician for each correctional institution under the secretary's supervision and control. One chief physician may be made responsible for more than one such institution. It is hereby made the duty of the chief physician of any correctional institution to direct the operation and management of such institution's medical services and to supervise and coordinate all inmate health care in such institution. Such physician may recommend to the warden of any institution the transportation of an inmate to an outside medical care facility, as defined by K.S.A. 65-425 and amendments thereto, when necessary to protect the health of such inmate.
History: L. 1973, ch. 339, § 39; L. 1988, ch. 347, § 1; L. 1990, ch. 309, § 58; May 24.
The officers of any correctional institution under the supervision and control of the secretary of corrections shall consist of a warden, who may reside at the correctional institution, and such other officers and employees, including physicians and attorneys, as the secretary deems necessary. The warden of each correctional institution shall be appointed by the secretary. All other officers and employees of the several correctional institutions shall be appointed by the warden of each institution with the approval of the secretary. Subject to available appropriations, student interns may be appointed to temporary positions, the duration of which shall not exceed 150 calendar days, as corrections officers of such institutions. Any physician or attorney so appointed and any student intern appointed as a temporary corrections officer shall be in the unclassified service under the Kansas civil service act. All other such officers and employees shall be within the classified service under the Kansas civil service act, but the residence requirements of the act shall not apply. The secretary is hereby authorized for good cause to assign and reassign the supervisory personnel, including the warden of any correctional institution, to any other correctional institution at any time without the consent of such warden, officer or employee. The expenses of moving caused by such assignment or reassignment shall be paid by the department of corrections in accordance with K.S.A. 75-3225.
History: L. 1973, ch. 339, § 40; L. 1975, ch. 458, § 4; L. 1976, ch. 400, § 1; L. 1990, ch. 309, § 59; L. 1994, ch. 274, § 20; L. 1997, ch. 115, § 4; July 1.
The secretary shall have power, and it shall be the secretary's duty from time to time, to examine and inquire into all matters connected with the government and discipline of the correctional institutions and release supervision services under the secretary's supervision and control; the punishment and employment of the inmates, and releasees under the secretary's supervision and the purchases and sales of the articles provided for such correctional institutions and parole offices or sold on account thereof; and the secretary may from time to time require reports from the warden, parole director or other officers of any such correctional institution or parole office in relation to any or all of such matters. It shall be the secretary's duty to inquire into any improper conduct which may be alleged to have been committed by the warden, parole director or any other officer of any such correctional institution or parole office; and for that purpose the secretary shall have power to issue subpoenas to compel the attendance of witnesses, and the production of papers and writings in the same manner and with like effect as in cases of arbitration. The secretary may administer oaths to any such witnesses before examination thereof.
The secretary shall have free access to the correctional institutions and parole offices at all times, and it shall be the duty of the warden, parole director and other officers of any such correctional institution or parole office, whenever requested, to exhibit to the secretary, on demand, all the books, papers, accounts and writings pertaining to the correctional institution or parole office, or to the business, government, discipline or management thereof, and to render to the secretary every other facility in their power to enable the secretary to discharge the secretary's duties under this act.
The secretary shall adopt rules and regulations or policies for the direction and government of such correctional institutions and the officers thereof, and may change the same from time to time.
History: L. 1973, ch. 339, § 41; L. 1990, ch. 309, § 60; L. 2010, ch. 34, § 1; July 1.
Subject to the general supervision of the secretary of corrections and applicable rules and regulations adopted by the secretary, it shall be the duty of the warden of each correctional institution:
(a) To oversee the government and discipline of the correctional institution, and to superintend all business concerns thereof.
(b) To give necessary directions to the officers and employees and to examine whether they have been careful and vigilant in their respective duties.
(c) To examine into the state of the correctional institution and for the health, conduct and safekeeping of the inmates.
(d) To use every proper means to furnish employment to the inmates most beneficial to the public and best suited to their several capacities under the direction of the secretary.
(e) To take charge of all real and personal property belonging to the state in and about the correctional institution or appurtenant thereto.
History: L. 1973, ch. 339, § 42; L. 1978, ch. 366, § 6; L. 1990, ch. 309, § 61; May 24.
All transactions and dealings on account of the correctional institution shall be conducted under such rules and regulations as a secretary may adopt; and all contracts made by the warden as authorized or provided by law shall be reduced to writing, and approved by the secretary, and one copy of every contract shall be kept on file by the warden.
History: L. 1973, ch. 339, § 43; L. 1990, ch. 309, § 62; May 24.
It shall be the duty of the warden of each correctional institution to keep a regular and correct account of all moneys received by the warden from every source by virtue of the warden's office, including all moneys taken from any inmate, or received as the proceeds of property taken from them, and of all sums paid by any inmate, and the persons to whom and the purposes for which the same were paid; and to make out and deliver to the secretary, monthly, under oath, a return of all moneys received and paid by the warden on account of the correctional institution during the preceding month, specifying from whom received and to whom paid, and on what account, and stating also the balance in the warden's hands at the time of rendering such account.
History: L. 1973, ch. 339, § 44; L. 1990, ch. 309, § 63; May 24.
The warden of each correctional institution shall annually, on the last day of June, close the warden's account, and on or before July 31 thereafter shall render to the secretary a full and true account of all moneys received by the warden on account of the correctional institution, and of all moneys expended by the warden for the use thereof, with sufficient vouchers for the same. To the several returns and accounts required to be rendered there shall be annexed an affidavit of the warden of the correctional institution, stating that the same are true in every respect, to the best of the warden's knowledge and belief. The warden shall make out and deliver monthly to the secretary a return of the property on hand, which return shall contain a full and complete exhibit of the affairs of the correctional institution at the date of its rendition, together with all the profits or increase by reason of the added labor of the inmates, or from any sources whatever. The warden shall also make and deliver to the secretary, on or before August 1 in every year, a report exhibiting a comprehensive view of the transactions of the correctional institution during the preceding year, and stating the number of inmates confined therein, the various kinds of business in which they are employed, the number employed in each branch, and the profits, if any, arising to the state therefrom.
History: L. 1973, ch. 339, § 45; L. 1990, ch. 309, § 64; May 24.
(a) The warden of each correctional institution may issue orders subject to the provisions of law and the rules and regulations adopted by the secretary of corrections, as the warden may deem necessary for the government of the correctional institution and the enforcement of discipline therein.
(b) All rules and regulations or orders for the government of a correctional institution and the enforcement of discipline therein adopted or issued by the secretary of corrections and all orders issued by the warden of the correctional institution shall be published and made available to all inmates, other than rules and regulations and orders relating to emergency or security procedures. Every order issued by the warden of a correctional institution shall be effective until rescinded or amended by the warden or until disapproved by the secretary.
History: L. 1973, ch. 339, § 46; L. 1978, ch. 120, § 21; L. 1990, ch. 309, § 65; May 24.
It shall be the duty of the warden of each correctional institution to take charge of any money or property which any inmate may have with the inmate at the time of entering the correctional institution. If property, the warden may sell or preserve the same as desired by the inmate. Such money, or the proceeds of the sale of any such property, if the same shall amount to at least $25, may be placed at interest in a federally insured financial institution by the warden for the benefit of such inmate or the inmate's representatives. The warden shall keep an account of all such money or property, and shall pay the amount of proceeds thereof, or return the same to the inmate when discharged, or to the inmate's legal representatives in case of the death of such inmate. In case of abandonment of such property, the warden shall dispose of it in accordance with K.S.A. 75-52,135, and amendments thereto.
History: L. 1973, ch. 339, § 47; L. 1974, ch. 403, § 9; L. 1990, ch. 309, § 66; L. 2005, ch. 15, § 1; July 1.
Whenever there shall be a vacancy in the office of the warden of a correctional institution, or when the warden shall necessarily be absent from the correctional institution, all the duties and keeping of the inmates and the discipline of the correctional institution shall devolve upon and be executed by the person designated by the warden until the vacancy be filled, or the warden returned to the correctional institution. The deputy warden shall perform, under the directions of the warden, such duties connected with the office of the latter as the warden may assign the deputy warden, and shall in all things cooperate with the warden in the government, management and police regulations of the correctional institution.
History: L. 1973, ch. 339, § 48; L. 1990, ch. 309, § 67; May 24.
The warden of each correctional institution shall cause to be kept a record of each and every infraction of the rules of discipline by the inmates, with the name of the inmate offending, and the date and character of each offense, which record shall be placed before the secretary monthly.
History: L. 1973, ch. 339, § 49; L. 1990, ch. 309, § 68; May 24.
The warden of any correctional institution of the state of Kansas, with the advice and consent of the secretary of corrections, may extend the limits of the place of confinement of an inmate who has been confined in a correctional institution at least two years, who has a good behavior record and who has a minimum security classification, to allow such inmate to leave the confines of such correctional institution unaccompanied by a custodial agent for a prescribed period of time within the state of Kansas for other than reasons now prescribed by law.
History: L. 1973, ch. 339, § 18; L. 1990, ch. 309, § 69; May 24.
History: L. 1973, ch. 339, § 50; L. 1983, ch. 284, § 9; Repealed, L. 1990, ch. 309, § 85; May 24.
History: L. 1973, ch. 339, § 53; L. 1975, ch. 459, § 2; L. 1978, ch. 368, § 3; L. 1989, ch. 92, § 5; L. 1990, ch. 322, § 4; L. 1990, ch. 309, § 70; L. 1991, ch. 260, § 13; Repealed, L. 2012, ch. 148, § 4; July 1.
History: L. 1973, ch. 339, § 54; L. 1990, ch. 309, § 71; L. 1991, ch. 260, § 14; Repealed, L. 2012, ch. 148, § 4; July 1.
History: L. 1973, ch. 339, § 55; L. 1990, ch. 309, § 72; L. 1991, ch. 260, § 15; Repealed, L. 2012, ch. 148, § 4; July 1.
History: L. 1973, ch. 339, § 56; L. 1990, ch. 309, § 73; L. 1991, ch. 260, § 16; Repealed, L. 2012, ch. 148, § 4; July 1.
Psychiatric evaluation reports of correctional facilities shall be privileged and shall not be disclosed directly or indirectly to anyone except as provided herein. The court, the district or county attorney, the attorney for the defendant or inmate, the prisoner review board and its staff, the wardens and classification committees of the state correctional institutions and those persons authorized by the secretary shall have access to such reports. Such reports may be disclosed to: (1) The defendant or inmate or members of the defendant's or inmate's family; (2) the defendant's or inmate's friends when authorized by the defendant or inmate or the defendant's or inmate's family; or (3) the superintendent or director of any other state institution when authorized by the warden, or secretary of corrections. Employees of the correctional institutions under the supervision of the secretary are expressly forbidden from disclosing the contents of such reports to anyone except as provided herein. Nothing in this section shall be construed as preventing the attorney for the defendant or inmate from discussing such reports with the defendant or inmate.
History: L. 1973, ch. 339, § 57; L. 1977, ch. 307, § 2; L. 1983, ch. 284, § 10; L. 1990, ch. 309, § 74; L. 1991, ch. 260, § 17; L. 2005, ch. 12, § 1; L. 2012, ch. 16, § 37; July 1.
(a) The secretary of corrections is hereby authorized to establish a work release program under which inmates committed to the custody of the secretary may be granted the privilege of leaving actual confinement for the following purposes:
(1) To travel to and from and visit at a specified place or places for a period of not to exceed thirty (30) days for the following purposes:
(A) To visit a member of the inmate's immediate family who is in danger of death;
(B) to attend the funeral services or other last rites of a member of the inmate's immediate family;
(C) to obtain health services otherwise not available to the inmate at an institution operated by the state;
(D) to interview prospective employers; or
(E) any other purpose consistent with the public interest.
(2) To work at paid employment or participate in a program of job training if:
(A) The rates of pay, hours and other conditions of employment will be substantially comparable to those afforded others in the community for the performance of work of a similar nature;
(B) such paid employment or job training will not result in the significant displacement of employed workers in the community.
(b) The secretary of corrections is hereby authorized to establish educational release programs under which inmates committed to the custody of the secretary may be granted the privilege of leaving actual confinement for the purposes of education or training.
(c) The placement of any inmate in a community pursuant to the provisions of subsection (a) or subsection (b) shall be in accordance with any applicable federal rules or regulations.
(d) In areas where facilities, programs and services suitable for these purposes are not available within the state correctional system when needed, the secretary shall contract with the proper authorities of political subdivisions of the state, with any agency of the state, with the federal government, with available community corrections centers or facilities funded by private sources, or with qualified private corporations or organizations for quartering inmates with such privileges in suitable confinement facilities and for programs and services for inmates in such facilities.
(e) Nothing in this act shall be construed to prevent inmates from working for and the products of their labor being disposed of by any state agency, local agency, federal government, or any other state or political subdivision thereof. Merchandise made by prisoners when said merchandise is for personal benefit of inmates, may be sold or exchanged within the confines of the institution subject to rules and regulations of the secretary.
History: L. 1973, ch. 339, § 12; L. 1975, ch. 458, § 5; L. 1978, ch. 368, § 4; L. 1979, ch. 296, § 3; July 1.
Any inmate who is allowed to participate in such paid employment or in such job training or paid employment for which a subsistence allowance is paid in connection with such job training shall pay over to the secretary or the designated representative of the secretary all moneys received from such paid employment or job training except that, pursuant to rules and regulations adopted by the secretary of corrections, the inmate shall retain a stipulated reasonable amount of the money as the secretary or the designated representative of the secretary deems necessary for expenses connected with the employment or job training. The balance of the moneys paid to the secretary or the designated representative of the secretary shall be disbursed for the following purposes:
(a) A designated minimum amount of that money paid to the secretary shall be returned to the state general fund or to the political subdivision, federal government or community-based center for such inmate's food and lodging or, if the inmate is participating in a private industry program other than work release, the minimum amount collected shall be deposited to the correctional industries fund;
(b) transportation to and from the place of employment at the rate allowed in K.S.A. 75-3203, and amendments thereto;
(c) if any of the dependents of the inmate are receiving public assistance, a reasonable percentage of the inmate's net pay after deduction of the above expenses shall be forwarded to the court which ordered support for the dependent or, if there is no order, to the secretary for children and families;
(d) a reasonable percentage of the inmate's net pay after deduction of the above expenses shall be disbursed for the payment, either in full or ratable, of the inmate's obligations if such obligations relate to the care and support of the defendant's immediate family and have been reduced to judgment;
(e) after deduction of the above amounts, payment of a reasonable amount for costs assessed to the inmate pursuant to the code of civil procedure;
(f) to the clerk of the district court in which the crime occurred, payment of a reasonable amount pursuant to an order for all costs, fines, fees and restitution assessed. Such payment shall be distributed in the following order of priority: Restitution, costs, fines and fees;
(g) payment of a reasonable amount into a savings account for disbursement to the inmate upon release from custody;
(h) after deduction of the above amounts, a reasonable percentage of the inmate's net pay shall be disbursed for the payment, either in full or ratable, of the inmate's other obligations acknowledged by the inmate in writing, as authorized by the secretary; and
(i) the balance, if any, shall be credited to the inmate's account and shall be made available to the inmate in such manner and for such purposes as are authorized by the secretary.
History: L. 1973, ch. 339, § 13; L. 1980, ch. 286, § 2; L. 1984, ch. 330, § 3; L. 1988, ch. 218, § 4; L. 1990, ch. 321, § 18; L. 1994, ch. 227, § 9; L. 1997, ch. 105, § 1; L. 2007, ch. 197, § 5; L. 2014, ch. 115, § 343; July 1.
The willful failure of an inmate to remain within the extended limits of such inmate's confinement or to return within the time prescribed to an institution or facility designated by the secretary shall be deemed an aggravated escape from custody as provided for in subsection (b) of K.S.A. 21-5911, and amendments thereto.
History: L. 1973, ch. 339, § 14; L. 2011, ch. 30, § 279; July 1.
History: L. 1973, ch. 339, § 15; Repealed, L. 1988, ch. 348, § 1; July 1.
History: L. 1973, ch. 339, § 16; L. 1975, ch. 462, § 122; Repealed, L. 1988, ch. 348, § 1; July 1.
History: L. 1973, ch. 339, § 17; Repealed, L. 1988, ch. 348, § 1; July 1.
K.S.A. 75-5273 to 75-5282, inclusive, may be cited as the "prison-made goods act of Kansas."
History: L. 1973, ch. 339, § 76; July 1, 1974.
As used in the prison-made goods act of Kansas, the following words and terms shall have, respectively, the meanings ascribed to them by this section:
(a) "Local agency" means any county, city, township, school district and any other political subdivision or taxing district in this state.
(b) "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 authority of this state.
(c) "Other state" means any other state or political subdivision thereof.
(d) "Federal government" means the federal government or any agency thereof.
(e) "Organization" means any church or any not-for-profit corporation organized for eleemosynary purposes.
History: L. 1973, ch. 339, § 77; L. 1978, ch. 366, § 7; July 1.
(a) The secretary is hereby authorized to purchase in the manner provided by law, equipment, raw materials and supplies, and to employ the supervisory personnel necessary to establish and maintain for this state at each correctional institution, industries for the utilization of services of inmates or juvenile offenders in the manufacture or production of such articles or products or in providing such services as authorized by the prison-made goods act of Kansas.
(b) The secretary is hereby authorized to sell all such articles, products and services to the federal government, any state agency, state employees for their personal use, any local agency, or any organization within the state and, to the extent not prohibited by federal law, to other states.
(c) The secretary is hereby authorized to contract with a private individual, corporation, partnership or association for work projects involving assembly, processing, fabrication or repair of parts or components for goods or products being manufactured or produced by the contracting party. Any contract authorized by this subsection shall be in compliance with federal law and shall not result in the significant displacement of employed workers in the community. If an inmate or juvenile offender receives at least federal minimum wage pursuant to a contract authorized by this subsection, the provisions of K.S.A. 75-5211 and 75-5268, and amendments thereto, for withdrawing amounts from the compensation paid to inmates or juvenile offenders shall apply.
(d) The secretary is hereby authorized to contract with a private individual, corporation, partnership or association for work projects involving the repair of real estate damaged by a tenant under the release supervision of the department of corrections.
History: L. 1973, ch. 339, § 78; L. 1978, ch. 366, § 8; L. 1986, ch. 336, § 1; L. 2007, ch. 52, § 1; L. 2009, ch. 56, § 1; L. 2010, ch. 9, § 2; L. 2014, ch. 85, § 1; July 1.
(a) Notwithstanding any provision of the prison-made goods act of Kansas to the contrary, the secretary shall not establish or maintain a home building program which manufacturers [manufactures] or produces housing units which would compete with the:
(1) (A) Manufactured homes or modular homes manufactured, assembled or sold by manufactured home manufacturers; or
(B) manufactured homes or modular homes sold by manufactured home dealers; or
(2) (A) modular homes manufactured, assembled or sold by modular home manufacturers; or
(B) modular homes sold by modular home dealers.
(b) As used in this section:
(1) "Manufactured home" has the meaning ascribed to such term by K.S.A. 58-4202, and amendments thereto;
(2) "manufactured home dealer" has the meaning ascribed to such term by K.S.A. 58-4202, and amendments thereto;
(3) "manufactured home manufacturer" has the meaning ascribed to such term by K.S.A. 58-4202, and amendments thereto;
(4) "modular home" has the meaning ascribed to such term by K.S.A. 58-4202, and amendments thereto; and
(5) "secretary" means the secretary of corrections.
(6) "Vocational building program" means the vocational building program operated by the secretary to provide individual, freestanding buildings, not to exceed 1,000 square feet in size, to state agencies for use by such agencies.
(c) The provisions of this section shall not apply to a vocational building program.
(d) This section shall be a part of and supplemental to the prison-made goods act of Kansas.
History: L. 2013, ch. 49, § 1; July 1.
(a) All state agencies shall purchase from the secretary all articles or products required by such state agencies that are produced by inmates and no such article or product shall be purchased by any state agency from any other source, unless excepted from the provisions of this section by law or in accordance with K.S.A. 75-5277, and amendments thereto.
(b) The federal government, state employees for their personal use, other states, local agencies and organizations may purchase from the secretary such articles, products or services that are produced or provided by inmates under the prison-made goods act and state agencies may purchase from the secretary such services as are provided by inmates.
History: L. 1973, ch. 339, § 79; L. 1978, ch. 366, § 9; L. 2007, ch. 52, § 2; July 1.
Exceptions from the operation of the mandatory provisions of K.S.A. 75-5276 may be made in any case where in the opinion of the secretary of administration and the director of purchases the article or product so produced or manufactured does not meet the reasonable requirements of or for such state agency, or in any case where the requisition made cannot be reasonably complied with.
History: L. 1973, ch. 339, § 80; L. 1978, ch. 366, § 10; July 1.
No voucher, certificate or warrant issued on the director of accounts and reports by any state agency shall be questioned by him or her or by the state treasurer on the grounds that this act has not been complied with by such state agency, but if intentional violation of this act by any state agency continues such shall constitute a malfeasance in office and shall subject the person responsible for such violation to suspension or removal from office.
History: L. 1973, ch. 339, § 81; July 1, 1974.
History: L. 1973, ch. 339, § 82; Repealed, L. 1978, ch. 366, § 14; July 1.
The secretary shall fix and determine the prices at which all articles or products manufactured or produced shall be furnished and at which all services shall be provided. All such prices shall be uniform and nondiscriminating to all, and shall not exceed the usual market price for similar articles, products and services. This section shall not apply to articles or products produced or services provided by business enterprises operating under K.S.A. 75-5288.
History: L. 1973, ch. 339, § 83; L. 1978, ch. 366, § 11; July 1.
(a) The secretary is empowered to enter into contracts and agreements with any person, firm or corporation upon a self-liquidating basis for the acquisition, purchase or lease of equipment, tools, supplies, materials and buildings for manufacturing or for providing services, to the end that the same may be paid for over a period of not exceeding 20 years, and the aggregate amount of such purchases or acquisitions shall not exceed $500,000 unless specifically approved by the governor. All such amounts shall be payable solely from the correctional industries fund.
(b) Nothing in this section shall be so construed or interpreted as to authorize or permit the incurring of a state debt of any kind or nature as contemplated by the constitution of this state in relation to such debt.
History: L. 1973, ch. 339, § 84; L. 1978, ch. 366, § 12; L. 1999, ch. 163, § 2; July 1.
(a) There is hereby created in the state treasury the correctional industries fund.
(b) All moneys collected by the secretary from the sale or disposition of goods manufactured and services provided under the prison-made goods 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 correctional industries fund. All the moneys collected and deposited pursuant to this subsection shall be used solely for the purchase of manufacturing supplies, equipment and machinery, for the repair, maintenance and replacement of equipment and machinery, for administrative expenses and as provided in subsection (d).
(c) The balance of all proceeds from the lease of agricultural land at a correctional institution, after payment of the expenses of the lease from such proceeds, 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 correctional industries fund.
(d) Any unencumbered moneys in the correctional industries fund may be expended for capital improvement projects for the renovation or repair of existing buildings or facilities or for the construction or acquisition of building or facilities for correctional industries as provided in K.S.A. 75-5281 and 75-5288, and amendments thereto. Such capital improvement projects shall not be subject to the requirements to prepare and submit capital improvement budget estimates as provided in K.S.A. 75-3717b, and amendments thereto. Prior to commencement of a capital improvement project, the director of Kansas correctional industries shall advise and consult with the joint committee on state building construction concerning such capital improvement projects.
(e) Moneys in the correctional industries fund may be used for purchase of workers compensation insurance for inmates assigned to a duly certified prison industry enhancement certification program (PIECP) customer model industry owned and operated by Kansas correctional industries pursuant to 18 U.S.C. § 1761 and K.S.A. 75-5275, and amendments thereto. Subject to PIECP wage-level requirements, such inmates shall otherwise be considered to be in the same status as inmates assigned to a traditional industries program operated by Kansas correctional industries. Such inmates shall not be regarded as state employees for any purpose under state law.
History: L. 1973, ch. 339, § 85; L. 1978, ch. 366, § 13; L. 1982, ch. 370, § 1; L. 1986, ch. 337, § 1; L. 1990, ch. 309, § 75; L. 1996, ch. 70, § 1; L. 1999, ch. 163, § 3; L. 2001, ch. 5, § 398; L. 2014, ch. 85, § 2; July 1.
History: L. 1973, ch. 339, § 86; L. 1983, ch. 284, § 11; Repealed, L. 1990, ch. 309, § 85; May 24.
All goods, wares and merchandise manufactured, produced or mined, wholly or in part, by inmates, convicts or prisoners, except inmates, convicts or prisoners on parole or probation or assigned to a community correctional services program, or in any correctional, penal or reformatory institutions transported into the state of Kansas, and remaining therein for use, consumption, sale or storage, shall upon arrival and delivery in the state of Kansas be subject to the operation and effect of the laws of the state of Kansas to the same extent and in the same manner as though such goods, wares and merchandise had been manufactured, produced or mined in the correctional institutions of the state of Kansas and shall not be exempt therefrom by reasons of being introduced in the original package or otherwise.
History: L. 1973, ch. 339, § 87; L. 1986, ch. 123, § 28; July 1.
(a) Whenever the board of probation and parole or the Kansas adult authority, 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 parole board.
(b) Whenever probation and parole officers under the jurisdiction of the Kansas adult authority or the state parole board, or words of like effect, are referred to or designated by statute, contract or other document, such reference or designation shall be deemed to apply to parole officers under the jurisdiction of the secretary of corrections.
History: L. 1973, ch. 339, § 91; L. 1978, ch. 120, § 22; L. 1990, ch. 309, § 76; May 24.
If any word, phrase, sentence or provision of this act is determined to be invalid such invalidity shall not affect the other provisions of this act and they shall be given effect without the invalid provision and to this end the provisions of this act are declared to be severable.
History: L. 1973, ch. 339, § 92; July 1, 1974.
History: L. 1978, ch. 366, § 1; Repealed, L. 1988, ch. 301, § 33; July 1.
(a) Notwithstanding the provisions of K.S.A. 75-3738 to 75-3744, inclusive, and amendments thereto or of any other laws to the contrary, the secretary of corrections may lease one or more buildings or portions thereof on the grounds of any correctional institution, together with the real estate needed for reasonable access to and egress from the leased buildings, for a term not to exceed 20 years, to a private individual, firm, corporation or other lawful entity for the purpose of establishing and operating a business enterprise for the manufacture and processing of goods, wares or merchandise, or any other business or commercial enterprise deemed by the secretary of corrections to be consistent with the proper training and rehabilitation of inmates.
(b) Subject to approval by the secretary of corrections, any corporation operating a factory or other business or commercial enterprise under this section may employ selected inmates of the correctional institution upon whose grounds it operates.
(c) Notwithstanding the provisions of K.S.A. 75-3738 to 75-3744, inclusive, article 12 of chapter 75 of the Kansas Statutes Annotated, article 58 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto, or of any other laws to the contrary, the secretary of corrections may enter into agreements with a private individual, firm, corporation or other lawful entity for the purpose of accepting as a donation, lease or purchase, on behalf of the state any building or renovation of a building to be used for the manufacture and processing of goods, wares or merchandise, or any other business or commercial enterprise deemed by the secretary of corrections to be consistent with the proper training and rehabilitation of inmates.
(1) Such agreements may provide for the financing, design, construction or renovation of such buildings on the grounds of correctional facilities. The secretary may not obligate the expenditure of state funds except as provided by K.S.A. 75-5281, and amendments thereto.
(2) Buildings constructed or renovated pursuant to this section shall become the property of the state as provided by such agreements or after 20 years, whichever time period is shorter.
(d) Any business enterprise established under the provisions of this section shall be deemed a private enterprise and subject to all the laws, rules and regulations of this state governing the operation of similar business enterprises elsewhere in this state.
(e) The authority of the secretary of corrections over the institutions of the department of corrections and the inmates thereof shall not be diminished by this section.
History: L. 1978, ch. 366, § 2; L. 1999, ch. 163, § 4; July 1.
The secretary of corrections shall remit all moneys received from leases authorized under K.S.A. 75-5288, 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 correctional industries fund.
History: L. 1978, ch. 366, § 3; L. 2001, ch. 5, § 399; July 1.
This act shall be known and may be cited as the "community corrections act."
History: L. 1978, ch. 364, § 1; April 20.
(a) (1) The secretary of corrections may make grants to counties for the development, implementation, operation and improvement of community correctional services that address the criminogenic needs of felony offenders including, but not limited to, adult intensive supervision, substance abuse and mental health services, employment and residential services, and facilities for the detention or confinement, care or treatment of offenders as provided in this section except that no community corrections funds shall be expended by the secretary for the purpose of establishing or operating a conservation camp as provided by K.S.A.
75-52,127, and amendments thereto.
(2) Except as otherwise provided, placement of offenders in a community correctional services program by the court shall be limited to placement of adult offenders, convicted of a felony offense:
(A) Who, on or after July 1, 2014, are determined to be an appropriate risk level as determined by the Kansas sentencing commission by use of a statewide, mandatory, standardized risk assessment tool or instrument which shall be specified by the Kansas sentencing commission;
(B) whose severity level and criminal history score designate a presumptive prison sentence on either sentencing guidelines grid but receive a nonprison sentence as a result of departure;
(C) who have been convicted of an offense which satisfies the definition of offender pursuant to K.S.A.
22-4902, and amendments thereto, and which is classified as a severity level 7 or higher offense and who receive a nonprison sentence, regardless of the manner in which the sentence is imposed;
(D) for whom a violation of conditions of release or assignment or a nonprison sanction has been established as provided in K.S.A.
22-3716, and amendments thereto, prior to revocation resulting in the offender being required to serve any time for the sentence imposed or which might originally have been imposed in a state facility in the custody of the secretary of corrections;
(E) who have been placed in a community correctional services program as a condition of supervision following the successful completion of a conservation camp program;
(F) who have been sentenced to community corrections supervision pursuant to K.S.A. 21-4729, prior to its repeal, or K.S.A. 21-6824, and amendments thereto; or
(G) who have been placed in a community correctional services program for supervision by the court pursuant to K.S.A. 8-1567, and amendments thereto.
(3) Nothing in this act shall prohibit a community correctional services program from providing services to juvenile offenders upon approval by the local community corrections advisory board. Grants from community corrections funds administered by the secretary of corrections shall not be expended for such services.
(4) Nothing in this act shall prohibit a community correctional services program from providing services to persons pursuant to a memorandum of understanding entered into by a community correctional services program and a county or district attorney pursuant to K.S.A. 22-2907, and amendments thereto.
(5) The court may require an offender for whom a violation of conditions of release or assignment or a nonprison sanction has been established, as provided in K.S.A. 22-3716, and amendments thereto, to serve any time for the sentence imposed or which might originally have been imposed in a state facility in the custody of the secretary of corrections without a prior assignment to a community correctional services program if the court finds and sets forth with particularity the reasons for finding that the safety of the members of the public will be jeopardized or that the welfare of the inmate will not be served by such assignment to a community correctional services program.
(b) (1) In order to establish a mechanism for community correctional services to participate in the department of corrections annual budget planning process, the secretary of corrections shall establish a community corrections advisory committee to identify new or enhanced correctional or treatment interventions designed to divert offenders from prison.
(2) The secretary shall appoint one member from the southeast community corrections region, one member from the northeast community corrections region, one member from the central community corrections region and one member from the western community corrections region. The deputy secretary of community and field services shall designate two members from the state at large. The secretary shall have final appointment approval of the members designated by the deputy secretary. The committee shall reflect the diversity of community correctional services with respect to geographical location and average daily population of offenders under supervision.
(3) Each member shall be appointed for a term of three years and such terms shall be staggered as determined by the secretary. Members shall be eligible for reappointment.
(4) The committee, in collaboration with the deputy secretary of community and field services or the deputy secretary's designee, shall routinely examine and report to the secretary on the following issues:
(A) Efficiencies in the delivery of field supervision services;
(B) effectiveness and enhancement of existing interventions;
(C) identification of new interventions; and
(D) statewide performance indicators.
(5) The committee's report concerning enhanced or new interventions shall address:
(A) Goals and measurable objectives;
(B) projected costs;
(C) the impact on public safety; and
(D) the evaluation process.
(6) The committee shall submit its report to the secretary annually on or before July 15 in order for the enhanced or new interventions to be considered for inclusion within the department of corrections budget request for community correctional services or in the department's enhanced services budget request for the subsequent fiscal year.
History: L. 1978, ch. 364, § 2; L. 1980, ch. 288, § 1; L. 1982, ch. 182, § 144; L. 1989, ch. 92, § 31; L. 1997, ch. 179, § 6; L. 1998, ch. 153, § 1; L. 2000, ch. 182, § 11; L. 2002, ch. 177, § 2; L. 2003, ch. 135, § 8; L. 2004, ch. 160, § 1; L. 2006, ch. 172, § 2; L. 2008, ch. 116, § 2; L. 2009, ch. 132, § 15; L. 2011, ch. 100, § 14; L. 2012, ch. 150, § 50; L. 2015, ch. 54, § 2; L. 2021, ch. 109, § 8; July 1.
History: L. 1978, ch. 364, § 2; L. 1980, ch. 288, § 1; L. 1982, ch. 182, § 144; L. 1989, ch. 92, § 31; L. 1997, ch. 156, § 90; Repealed, L. 1998, ch. 153, § 2; July 1.
History: L. 1978, ch. 364, § 2; L. 1980, ch. 288, § 1; L. 1982, ch. 182, § 144; L. 1989, ch. 92, § 31; L. 1997, ch. 179, § 6; L. 1998, ch. 153, § 1; L. 2000, ch. 182, § 11; L. 2002, ch. 177, § 2; L. 2003, ch. 135, § 8; L. 2004, ch. 160, § 1; L. 2006, ch. 172, § 2; L. 2008, ch. 116, § 2; L. 2009, ch. 132, § 15; L. 2011, ch. 105, § 33; Repealed, L. 2012, ch. 150, § 52; July 1.
(a) Subject to the other provisions of the community corrections act, each county may qualify to receive grants under such act by complying with the provisions of K.S.A. 75-52,110, and amendments thereto.
(b) Subject to the requirements of centralized administration and control of correctional services under K.S.A. 75-52,110, and amendments thereto, and the provisions of agreements between cooperating counties under subsection (c), the respective boards of county commissioners shall retain all authority for the expenditure of moneys, including grants received under such act, and for the implementation and oversight of the operations under the comprehensive plan approved by the secretary of corrections. The comprehensive plan shall be reviewed and approved by the board of county commissioners of each county to which the plan pertains prior to submission to the secretary of corrections for approval.
(c) The boards of county commissioners of all counties cooperating together to establish a corrections advisory board and to adopt a comprehensive plan pursuant to such act may enter into cooperative agreements to qualify their respective counties for grants under such act. Such counties shall cooperate and enter into such agreements for all purposes of such act in the manner prescribed by K.S.A. 12-2901 through 12-2907, and amendments thereto, to the extent that those statutes do not conflict with the provisions of such act.
History: L. 1978, ch. 364, § 3; L. 1989, ch. 92, § 6; L. 2004, ch. 160, § 2; July 1.
In order to assist a county or group of cooperating counties which has established a corrections advisory board but which does not have a comprehensive plan which has been approved by the secretary of corrections and which requires financial aid to defray all or part of the expenses incurred by corrections advisory board members in discharging their official duties pursuant to K.S.A. 75-5299, and amendments thereto, the secretary of corrections, upon receipt of resolutions by the board or boards of county commissioners, or the administrative authority established by cooperating counties, certifying the need for and inability to pay such expenses, may pay quarterly to the county or counties an amount determined by the secretary.
History: L. 1978, ch. 364, § 4; L. 1989, ch. 92, § 7; L. 1993, ch. 197, § 1; L. 2007, ch. 197, § 6; July 1.
(a) In accordance with K.S.A. 77-415 et seq., and amendments thereto, the secretary of corrections shall adopt rules and regulations necessary for the implementation and administration of this act and as prescribed by this act. The secretary of corrections shall provide consultation and technical assistance to counties and corrections advisory boards to aid them in the development of comprehensive plans under this act.
(b) This act shall be administered by the secretary of corrections or by officers and employees of the department of corrections designated by the secretary to the extent that authority to do so is delegated by the secretary, except that the authority to adopt rules and regulations under this act shall not be delegated.
History: L. 1978, ch. 364, § 5; April 20.
For the purposes of this act and to provide for the correctional services described in K.S.A. 75-5291 and amendments thereto, a county or group of cooperating counties, through their boards of county commissioners, or administrative bodies established by cooperating counties, may:
(a) Acquire by any lawful means, including purchase, lease or transfer of custodial control, the lands, buildings and equipment necessary and incidental to such purposes;
(b) enter into contracts, which are necessary and incidental to such purposes;
(c) determine and establish the administrative structure best suited to the efficient administration and delivery of such correctional services;
(d) employ a director and such other officers, employees, and agents as deemed necessary to carry out the provisions of this act;
(e) make grants in accordance with the comprehensive plan of funds provided by grant payments under K.S.A. 75-52,105 and amendments thereto to corporations organized not for profit, for development, operation and improvement of such correctional services; and
(f) use unexpended funds, accept gifts, grants and subsidies from any lawful source, and apply for, accept and expend federal funds.
History: L. 1978, ch. 364, § 6; L. 1989, ch. 92, § 8; January 1, 1990.
(a) Except as provided in K.S.A. 75-5293 and amendments thereto, no county shall be qualified to receive grants under this act unless and until the comprehensive plan for such county, or the group of counties with which such county is cooperating, is approved by the secretary of corrections.
(b) The secretary of corrections shall adopt rules and regulations establishing additional requirements for receipt of grants under this act, standards for the operation of the correctional services described in K.S.A. 75-5291 and amendments thereto and standards for performance evaluation of the correctional services described in K.S.A. 75-5291 and amendments thereto. In order to remain eligible for grants the county or group of cooperating counties shall substantially comply with the operating standards established by the secretary of corrections.
(c) The secretary of corrections shall review annually the comprehensive plans submitted by a county or group of cooperating counties and the facilities and programs operated under such plans. The secretary of corrections is authorized to examine books, records, facilities and programs for purposes of recommending needed changes or improvements.
(d) In reviewing the comprehensive plan or any annual recommendations or revisions thereto, the secretary of corrections shall limit the scope of the review of the corrections advisory board's statement of priorities, needs, budget, policies and procedures, to the determination that such statement does not directly conflict with rules and regulations and operating standards adopted pursuant to subsection (b) and the community corrections act under K.S.A. 75-5290 et seq., and amendments thereto.
(e) When the secretary of corrections determines that there are reasonable grounds to believe that a county or group of cooperating counties is not in substantial compliance with the minimum operating standards adopted pursuant to this section, at least 30 days' notice shall be given the county or to each county in the group of cooperating counties and a hearing shall be held in accordance with the provisions of the Kansas administrative procedure act to ascertain whether there is substantial compliance or satisfactory progress being made toward compliance. If the secretary of corrections determines at such hearing that there is not substantial compliance or satisfactory progress being made toward compliance, the secretary of corrections may suspend all or a portion of any grant under this act until the required standards of operation have been met.
History: L. 1978, ch. 364, § 7; L. 1988, ch. 356, § 306; L. 1989, ch. 92, § 9; L. 1993, ch. 197, § 2; July 1.
(a) Subject to the other provisions of this section, each corrections advisory board established under this act shall consist of at least 12, but not more than 15, members who shall be representative of law enforcement, prosecution, the judiciary, education, corrections, ethnic minorities, the social services and the general public and shall be appointed as follows:
(1) The law enforcement representatives shall be: (A) The sheriff or, if two or more counties are cooperating, the sheriff selected by the sheriffs of those counties, or the designee of that sheriff, and (B) the chief of police of the city with the largest population at the time the board is established or, if two or more counties are cooperating, the chief of police selected by the chiefs of police of each city with the largest population in each county at the time the board is established, or the designee of that chief of police, except that for purposes of this paragraph (1) in the case of a county having consolidated law enforcement and not having a sheriff or any chiefs of police, "sheriff" means the law enforcement director and "chief of police of the city with the largest population" or "chief of police" means a law enforcement officer, other than the law enforcement director, appointed by the county law enforcement agency for the purposes of this section;
(2) the prosecution representative shall be the county or district attorney or, if two or more counties are cooperating, a county or district attorney selected by the county and district attorneys of those counties, or the designee of that county or district attorney;
(3) the judiciary representative shall be the chief judge of the district court of the judicial district containing the county or group of counties or, if two or more counties in two or more judicial districts are cooperating, the chief judge of each such judicial district, or a judge of the district court designated by each such chief judge;
(4) the education representative shall be an educational professional appointed by the board of county commissioners of the county or, if two or more counties are cooperating, by the boards of county commissioners of those counties;
(5) a court services officer designated by the chief judge of the district court of the judicial district containing the county or group of counties or, if counties in two or more judicial districts are cooperating, a court services officer designated by the chief judges of those judicial districts;
(6) the board of county commissioners of the county shall appoint or, if two or more counties are cooperating, the boards of county commissioners of those counties shall together appoint at least three, but not more than six, additional members of the corrections advisory board or, if necessary, additional members so that each county which is not otherwise represented on the board is represented by at least one member of such board; and
(7) three members of the corrections advisory board shall be appointed by cities located within the county or group of cooperating counties as follows: (A) If there are three or more cities of the first class, the governing body of each of the three cities of the first class having the largest populations shall each appoint one member; (B) if there are two cities of the first class, the governing body of the larger city of the first class shall appoint two members and the governing body of the smaller city of the first class shall appoint one member; (C) if there is only one city of the first class, the governing body of such city shall appoint all three members; and (D) if there are no cities of the first class, the governing body of each of the three cities having the largest populations shall each appoint one member.
(b) If possible, of the members appointed by the boards of county commissioners in accordance with subsection (a)(6) and by the governing bodies of cities in accordance with subsection (a)(7), members shall be representative of one or more of the following: (1) Parole officers; (2) public or private social service agencies; (3) ex-offenders; (4) the health care professions; and (5) the general public.
(c) At least two members of each corrections advisory board shall be representative of ethnic minorities and no more than ⅔ of the members of each board shall be members of the same sex.
(d) In lieu of the provisions of subsections (a) through (c), a group of cooperating counties as provided in subsection (a)(2) of K.S.A. 75-52,110, and amendments thereto, may establish a corrections advisory board which such board's membership shall be determined by such group of counties through cooperative action pursuant to the provisions of K.S.A. 12-2901 through 12-2907, and amendments thereto, to the extent that those statutes do not conflict with the provisions of this act, except that if two or more counties in two or more judicial districts are cooperating, the chief judge of each such judicial district, or a judge of the district court designated by each such chief judge shall be a member of such board. In determining the membership of the corrections advisory board pursuant to this subsection, such group of counties shall appoint members who are representative of law enforcement, prosecution, the judiciary, education, corrections, ethnic minorities, the social services and the general public. Any corrections advisory board established and the membership determined pursuant to this subsection shall be subject to the approval of the secretary of corrections.
History: L. 1978, ch. 364, § 8; L. 1984, ch. 112, § 16; L. 1989, ch. 92, § 10; L. 1999, ch. 57, § 69; L. 2009, ch. 31, § 1; July 1.
(a) Members of a corrections advisory board appointed in accordance with K.S.A. 75-5297 and amendments thereto shall serve for terms of two years from and after the date of their appointment and shall remain in office until their successors are duly appointed. All vacancies in a corrections advisory board shall be filled for the unexpired term in the manner that the position was originally filled. Each corrections advisory board shall elect its own officers.
(b) All proceedings of the corrections advisory board and any committee or subcommittee of the board shall be open to the public in accordance with and subject to the provisions of K.S.A. 75-4317 to 75-4320, inclusive, and acts amendatory thereto. All votes of members of the corrections advisory board shall be recorded and shall become matters of public record.
(c) The corrections advisory board shall promulgate and implement rules concerning the conduct of proceedings and attendance of members at board meetings.
History: L. 1978, ch. 364, § 9; L. 1990, ch. 323, § 1; April 19.
Corrections advisory boards established under the provisions of this act shall actively participate in the formulation of the comprehensive plan for the development, implementation and operation of the correctional services described in K.S.A. 75-5291 in the county or group of cooperating counties, and shall make a formal recommendation to the board or boards of county commissioners at least annually concerning the comprehensive plan and its implementation and operation during the ensuing year.
History: L. 1978, ch. 364, § 10; April 20.
Any comprehensive plan submitted pursuant to this act may include the purchase of selected correctional services from the state by contract, including the temporary detention and confinement of adults convicted of crime. The secretary of corrections shall annually determine the costs of the purchase of services under this section and deduct them from the grant payable to the county or, in the case of cooperating counties, the grants payable to the counties. In no case shall the charges for correctional services under such contract with the state exceed in cost the amount of the grant the county is eligible or, in the case of cooperating counties, the total amount of the grants the counties are eligible to receive under this act.
History: L. 1978, ch. 364, § 11; L. 1979, ch. 297, § 1; July 1.
History: L. 1978, ch. 364, § 12; L. 1980, ch. 288, § 2; L. 1980, ch. 284, § 20; L. 1988, ch. 349, § 1; Repealed, L. 1989, ch. 92, § 37; January 1, 1990.
(a) The comprehensive plan submitted to the secretary of corrections for approval shall include those items prescribed by rules and regulations adopted by the secretary, which may require the inclusion of the following:
(1) A program for the detention, supervision and treatment of persons under pretrial detention or under commitment;
(2) delivery of other correctional services defined in K.S.A. 75-5291 and amendments thereto; and
(3) proposals for new facilities, programs and services, which proposals must include a statement of the need, purposes and objectives of the proposal and the administrative structure, staffing pattern, staff training, financing, degree of community involvement and client participation which are planned for the proposal.
(b) In addition to the foregoing requirements made by this section, each county or group of counties shall be required to develop and implement a procedure for the review by the corrections advisory board and the board or boards of county commissioners of new program applications and other matters proposed to be included under the comprehensive plan and for the manner in which corrections advisory board action shall be taken thereon. A description of this procedure shall be made available to members of the public upon request.
History: L. 1978, ch. 364, § 13; L. 1989, ch. 92, § 11; January 1, 1990.
(a) Except as provided in K.S.A. 75-5293 and amendments thereto, each grant under this act shall be expended by the county receiving it for correctional services as described in K.S.A. 75-5291 and amendments thereto in addition to the amount required to be expended by such county under this section. Each calendar year in which a county receives grant payments under K.S.A. 75-52,105 and amendments thereto, the county shall make expenditures for correctional services as described in K.S.A. 75-5291 and amendments thereto from any funds other than from grants under this act in an amount equal to or exceeding the amount of base year corrections expenditures as determined by the secretary of corrections under subsection (b).
(b) The secretary of corrections shall audit and determine the amount of the expenditures for correctional services as described in K.S.A. 75-5291 and amendments thereto of each county applying for a grant as provided in K.S.A. 75-52,111.
(c) In any case where a county receiving a grant does not make expenditures for correctional services from funds other than from grants under this act as required by this section, the grant to such county for the next ensuing calendar year shall be reduced by an amount equal to the amount by which such county failed to make such required amount of expenditures.
(d) The secretary of corrections may provide, by rules and regulations, procedures for the following, as determined by the secretary to further the purposes of this act:
(1) The transfer, to one or more other counties, of any portion of a county's annual grant which is not included in such county's program budget for the current program year; and
(2) the transfer, to one or more other counties, of any portion of a county's annual grant which remains unused at the end of such county's program year and is not included in such county's program budget for the ensuing program year.
(e) Except as otherwise provided pursuant to subsection (d), if a county does not expend the full amount of the grant received for any one year under the provisions of this act, the county shall retain the unexpended amount of the grant for expenditure for correctional services as described in K.S.A. 75-5291 and amendments thereto during any ensuing calendar year. The secretary of corrections shall reduce the grant for the ensuing calendar year by an amount equal to the amount of the previous year's grant which was not expended and was retained by the county, unless the secretary finds that the amount so retained is needed for and will be expended during the ensuing calendar year for expenditures under the applicable comprehensive plan.
History: L. 1978, ch. 364, § 14; L. 1979, ch. 297, § 2; L. 1988, ch. 349, § 2; L. 1989, ch. 92, § 12; January 1, 1990.
History: L. 1978, ch. 364, § 15; L. 1979, ch. 297, § 3; L. 1980, ch. 288, § 3; L. 1980, ch. 299, § 3; L. 1982, ch. 357, § 28; L. 1982, ch. 182, § 145; L. 1983, ch. 140, § 48; L. 1983, ch. 296, § 1; L. 1984, ch. 332, § 2; L. 1987, ch. 351, § 1; Repealed, L. 1988, ch. 349, § 4; May 19.
(a) Upon compliance by a county or group of counties with the requirements for receipt of the grants authorized by the community corrections act and approval of the comprehensive plan by the secretary of corrections, the secretary of corrections shall determine the amount of the annual grant to each such county and, commencing on the next ensuing January 1 or July 1 after approval of the comprehensive plan, shall proceed to pay such grant in equal semiannual payments in accordance with and subject to such act, applicable rules and regulations, and the provisions of appropriations acts.
(b) On a quarterly basis, each county receiving semiannual grant payments under such act shall submit to the secretary of corrections certified statements detailing the amounts expended and costs incurred for the correctional services described in K.S.A. 75-5291, and amendments thereto. Upon receipt of such certified statements, the secretary of corrections shall determine whether each such county is in compliance with the expenditure and operation standards prescribed under such act for such services and shall determine the semiannual payment amount each such county is entitled to receive after making any adjustments for reductions or charges as required by or in accordance with such act and applicable rules and regulations.
(c) Semiannual grant payments for counties entitled thereto under such act shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of corrections or by a person or persons designated by the secretary of corrections to the county treasurers of such counties.
History: L. 1978, ch. 364, § 16; L. 1992, ch. 189, § 1; L. 2004, ch. 160, § 3; July 1.
History: L. 1978, ch. 364, § 17; L. 1984, ch. 332, § 3; Repealed, L. 1989, ch. 92, § 37; January 1, 1990.
(a) The secretary of corrections may contract for any correctional services described in K.S.A. 75-5291 and amendments thereto from any county or group of cooperating counties which are receiving grants under this act, including services for inmates classified minimum security or less.
(b) Any county may contract for any correctional services described in K.S.A. 75-5291 and amendments thereto from any county or group of cooperating counties which are receiving grants under this act, regardless of whether such county or group of counties is in the same judicial district as the county contracting for such services.
History: L. 1978, ch. 364, § 18; L. 1988, ch. 349, § 3; L. 1990, ch. 323, § 2; April 19.
History: L. 1978, ch. 364, § 19; Repealed, L. 1989, ch. 92, § 37; January 1, 1990.
History: L. 1984, ch. 332, § 1; L. 1986, ch. 123, § 29; L. 1986, ch. 338, § 1; Repealed, L. 1988, ch. 349, § 4; May 19.
(a) Before July 1, 1990, each county in this state, based on the recommendation from the chief judge of the judicial district in which each such county is located as provided in subsection (b), shall have:
(1) Established a corrections advisory board in accordance with K.S.A. 75-5297, and amendments thereto, and adopted a comprehensive plan for the development, implementation, operation and improvement of the correctional services described in K.S.A. 75-5291, and amendments thereto, which has been approved by the secretary of corrections and which, in addition to such matters as are prescribed by rules and regulations of the secretary of corrections, provides for centralized administration and control of the correctional services under such plan;
(2) entered into an agreement with a group of cooperating counties to establish a regional or multi-county community correctional services program; established a corrections advisory board in accordance with K.S.A. 75-5297, and amendments thereto; and adopted a comprehensive plan for the development, implementation, operation and improvement of the correctional services described in K.S.A. 75-5291, and amendments thereto, which has been approved by the secretary of corrections and which, in addition to such matters as are prescribed by rules and regulations of the secretary of corrections, provides for centralized administration and control of the correctional services under such plan. Such group of counties may comply with the provisions of this subsection through cooperative action pursuant to the provisions of K.S.A. 12-2901 through 12-2907, and amendments thereto, to the extent that those statutes do not conflict with the provisions of this act; or
(3) contracted for correctional services described in K.S.A. 75-5291, and amendments thereto, from any county or group of cooperating counties, as provided in K.S.A. 75-52,107, and amendments thereto, which are receiving grants under this act.
(b) Before September 15, 1989, the chief judge in each judicial district shall make a recommendation to the board of county commissioners in each county in such judicial district which has not established a program to provide for the correctional services described in K.S.A. 75-5291, and amendments thereto, as to which option provided in subsection (a) each such county in such judicial district should choose to comply with the provisions of this act.
History: L. 1989, ch. 92, § 1; L. 1999, ch. 57, § 70; July 1.
(a) On or before each July 1, the secretary of corrections shall determine annually the amount of the grant for the ensuing fiscal year for each county or group of counties which has qualified to receive grants as provided in this section.
(b) The secretary of corrections shall award grants to a county or a group of counties for community correctional services from funds appropriated for that purpose in an amount determined by the secretary. The determination of the grant amount by the secretary shall be based on the following criteria: Staffing levels justified by active cases under supervision; administrative costs; funded contracts for services remaining unused for an unreasonable period of time; any unreasonable indirect costs; client numbers; caseload projections; travel costs; contracted services' costs; shrinkage factors; vacancy savings; turnover rates; and the comprehensive community corrections plan submitted to the secretary meeting the provisions of K.S.A. 75-5290, and amendments thereto. The secretary may reduce a grant to a county or group of counties as provided by K.S.A. 75-52,105, and amendments thereto, or due to changes in the availability of funds.
History: L. 1989, ch. 92, § 15; L. 1990, ch. 324, § 1; L. 1993, ch. 197, § 3; L. 2007, ch. 197, § 7; July 1.
(a) As used in this section, "supervision success rate" means the percentage of those persons under supervision in a community corrections program whose supervision is not revoked and remanded to the custody of the department of corrections for imprisonment.
(b) On and after July 1, 2011, subject to the provision of appropriation acts, the secretary of corrections shall develop and implement a grant program with the goal of increasing public safety, reducing the risk of offenders on community supervision and achieving and maintaining a supervision success rate of at least 75% or improving such rate by at least 3% from the previous year.
(c) Any county or counties operating community correctional services may apply for the grant. The program shall give priority to a county or counties in which the supervision success rate for offenders on community supervision is significantly lower than the statewide average, which target a higher supervision success rate than the required supervision success rate of 75% or 3% annual supervision success rate improvement or which target the successful reentry of offenders who are considered medium or high risk for revocation.
(d) The secretary shall adopt grant requirements in accordance with this section. Proposals for grants under this program shall include, but not be limited to, provisions to:
(1) Target offenders at medium and high risk for revocation utilizing risk assessment instruments approved by the secretary;
(2) reduce and specialize caseloads for community corrections officers;
(3) provide the offenders with the needed supervision and services to improve such offenders' opportunity to successfully complete community correctional services programs, resulting in a reduction in revocations to prison. Such services may include, but not be limited to, employment training and placement, educational assistance, transportation and housing. Such services shall be evidence-based and address offenders' criminogenic risks, needs and responsivity characteristics;
(4) use an intermediate sanctions community supervision model;
(5) provide staff training and skill development for community corrections officers in risk reduction and intervention. Such training and development shall be approved and certified by the secretary;
(6) utilize treatment options, including substance abuse treatment, mental health treatment, and cognitive and behavioral programs for offenders. For identified need areas, approved assessment and evaluation instruments should be utilized to ensure offender placement into appropriate levels of treatment and intervention;
(7) use gang intervention strategies;
(8) address safety concerns of the community;
(9) implement a method of tracking and reporting revocations;
(10) establish a goal of reducing the number of offenders, by a specified percentage, whose supervision is revoked and the offender sentenced to prison by providing a plan to: (A) Achieve and maintain a supervision success rate of at least 75% or improve such rate by at least 3% from the previous year; or (B) target the successful reentry of offenders who are considered medium or high risk for revocation;
(11) develop a specific accountability system for monitoring, tracking and utilizing the grant funds and to evaluate the effectiveness of the grant funds; and
(12) develop a consistent set of policies that will guide judges and community corrections officers in the supervision and revocation of offenders on community corrections supervision.
(e) The department of corrections shall establish a date for achieving goals based upon implementation timelines and goals specific to each grant, which may include an overall reduction or a reduction for a specifically targeted population.
(f) The department of corrections shall evaluate the programs which received a grant using a research-based process evaluation targeting the critical components of effective programs to ensure that the program is being delivered as such program was designed. Continued funding shall be contingent on the program meeting the established goals.
(g) The secretary shall prepare a report which states the number of programs receiving grants pursuant to this section, specifically identifying each program, summarizing the provisions of each program and the success of the program in reducing revocations. Such report shall be delivered to the governor, the secretary of the senate, the chief clerk of the house of representatives and the Kansas reentry policy council on or before the first day of the regular legislative session each year in which the grant program is funded.
History: L. 2007, ch. 197, § 1; L. 2011, ch. 100, § 15; July 1.
There is hereby created in the state treasury the community corrections supervision fund. All moneys credited to the community corrections supervision fund shall be used for grants for community correctional services in accordance with K.S.A. 75-52,111, and amendments thereto, to implement the provisions of this act. All expenditures from the community corrections supervision 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 corrections or the secretary's designee.
History: L. 2011, ch. 105, § 3; July 1.
History: L. 1989, ch. 92, § 14; L. 1990, ch. 324, § 2; Repealed, L. 1993, ch. 197, § 4; July 1.
History: L. 1983, ch. 284, § 1; Repealed, L. 1990, ch. 309, § 85; May 24.
(a) The warden of any correctional institution, with the approval of the secretary of corrections, may extend the limits of confinement of inmates who are classified minimum security or less to work for any state agency, federal agency, city, county, school district or nonprofit organization organized for charitable purposes if such work is in furtherance of public service and public welfare or charitable objectives within the community. Such inmates shall remain under the legal custody of the secretary of corrections with the actual limits of confinement extended and without actual supervision of correctional officials. Those persons observing, supervising, managing, controlling and reporting back to corrections officials regarding such inmates in their work shall be agents of the state and of the secretary of corrections for only the purpose of maintaining the confinement of the inmates but shall not, solely by reason of the agency, have law enforcement powers. An agency relationship shall not be established between the state or the secretary of corrections and the other state agency, federal agency, city, county, school district or nonprofit organization in regard to the manner in which the work is assigned, performed, or supervised.
(b) No work assignment pursuant to this section other than assignments to work for state agencies shall result in the displacement of any currently employed worker or position, including partial displacement such as a reduction in the hours of nonovertime work, wages or employment benefits, or result in the impairment of existing contracts for services or collective bargaining agreements. Inmates shall not be utilized to fill a job opening when any individual is on layoff from the same or any substantially equivalent job, or the employer has terminated the employment of any regular employee at the same or substantially equivalent job and the position remains unfilled. Inmates may not be utilized on a project except to the extent that the cost of the project exceeds the funds available and budgeted for that project.
(c) Compensation of inmates working pursuant to this section shall be normal inmate incentive pay rendered to other inmates working within correctional institutions pursuant to K.S.A. 75-5211, and amendments thereto.
History: L. 1984, ch. 307, § 1; L. 1988, ch. 350, § 1; L. 1990, ch. 325, § 1; L. 1991, ch. 260, § 18; L. 2003, ch. 54, § 1; July 1.
History: L. 1984, ch. 307, § 1; L. 1988, ch. 350, § 1; L. 1990, ch. 309, § 77; Repealed, L. 1991, ch. 260, § 21; April 25.
History: L. 1984, ch. 299, § 1; L. 1985, ch. 289, § 1; L. 1987, ch. 336, § 1; L. 1988, ch. 301, § 29; L. 1992, ch. 239, § 291; Repealed, L. 1993, ch. 66, § 1; July 1.
History: L. 1986, ch. 327, § 1; Repealed, L. 2004, ch. 121, § 12; July 1.
(a) The secretary of corrections is hereby authorized to acquire by purchase for an amount of not to exceed $175,000 the real estate, including improvements thereon, more particularly described as follows: Lot eight (8) and that part of lot one (1) lying south of county road in the northeast fractional quarter (NE ¼) of section six (6), township ten (10), range nineteen (19), Delaware trust lands, Jefferson county, Kansas, containing 58 acres, more or less. A portion of the above-described real estate has been platted as Shomin Industrial Park, tracts A and B, a subdivision in Jefferson county, Kansas, according to the recorded plat thereof.
(b) Prior to payment for the purchase authorized by this section, the attorney general shall approve the abstract of title or title insurance policies as showing merchantable fee simple title to such property and shall approve the form of the deed or deeds to such property.
(c) The provisions of K.S.A. 75-3043a and 75-3739 and amendments thereto shall not apply to the acquisition authorized by this section or any contracts required therefor.
(d) Subject to the provisions of appropriations acts, the secretary of corrections may establish an honor camp on such real estate in addition to using such real estate for other purposes authorized by law.
History: L. 1986, ch. 314, § 1; May 22.
(a) To provide for the costs of the acquisition of real estate authorized by K.S.A. 75-52,119, and amendments thereto, and expenses related thereto, the pooled money investment board is authorized and directed to loan to the secretary of corrections sufficient funds therefor in amounts which in the aggregate do not exceed $175,000. 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. The loan shall bear interest at an initial rate equal to the average yield before taxes received on 91-day United States treasury bills as determined by the federal reserve banks as fiscal agents of the United States at its most recent public offering of such bills in effect on the date the pooled money investment board provides the loan amount. The rate of such interest shall be adjusted annually on the anniversary of the date the loan was made at a rate equal to the average yield before taxes received on 91-day United States treasury bills as determined by the federal reserve banks as fiscal agents of the United States at its most recent public offering of such bills in effect on such date. The loan principal and interest thereon shall be payable solely from revenues credited to the correctional industries fund or as otherwise provided by law. The 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 to the pooled money investment board by the secretary of corrections of the amount of the loan authorized by this section that is required, the pooled money investment board shall transfer the amount certified by the secretary of corrections from the state bank accounts described in this section to the correctional industries fund. The amount so transferred shall not exceed $175,000.
History: L. 1986, ch. 314, § 2; L. 1992, ch. 146, § 20; July 1.
Subject to the limitations of this section and K.S.A. 75-52,120, the secretary of corrections shall determine and certify to the pooled money investment board, on or before the date of the certification under subsection (b) of K.S.A. 75-52,120, the terms and conditions of repayment of the principal and interest of such loan amount. The principal and interest of such loan shall be repaid in payments payable at least annually for a period of not more than 10 years. The amounts shall be recomputed each year to reflect the interest rate prescribed by K.S.A. 75-52,120 and shall be based on a total original amortization period of 10 years. Nothing in this act shall prevent the secretary of corrections from repaying, without penalty, any outstanding principal, or any portion thereof, prior to it being due and owing. In the event such payments are made, interest shall be computed on the remaining principal balance.
History: L. 1986, ch. 314, § 3; May 22.
The secretary of corrections is hereby authorized to establish and equip the Ellsworth correctional facility which shall be located in Ellsworth, Kansas.
History: L. 1987, ch. 335, § 1; L. 1990, ch. 309, § 78; May 24.
The institution so established shall be used for the confinement of inmates committed to the custody of the secretary of corrections who are transferred to such institution pursuant to K.S.A. 75-5206, and amendments thereto.
History: L. 1987, ch. 335, § 2; May 21.
The secretary of corrections shall have general management and control of such institution and of the officers and employees thereof and the inmates therein and of all matters relating to the discipline, control and fiscal concerns thereof, the same as other correctional institutions under the secretary's control and jurisdiction. The secretary may adopt such rules and regulations as may be determined necessary for carrying out the purposes of this act. The secretary shall appoint a warden with such duties as may be prescribed, and the warden so appointed, may select, with the approval of the secretary, officers and employees necessary for the management and operation of the institution. The warden and all other officers and employees shall be within the classified service of the Kansas civil service act.
History: L. 1987, ch. 335, § 3; L. 1990, ch. 309, § 79; May 24.
Notwithstanding the provisions of K.S.A. 75-3762 and 75-3765, and amendments thereto, the secretary of corrections shall have the charge, care, management and control of all buildings and grounds owned by the state which are used as a correctional institution as defined by K.S.A. 75-5202, and amendments thereto, except that the charge, care, management and control of buildings and grounds which are the subject of an agreement pursuant to K.S.A. 76-12a24, and amendments thereto, shall be in accordance with such agreement.
History: L. 1988, ch. 321, § 1; L. 2004, ch. 121, § 11; July 1.
The director of accounts and reports shall accept for payment from an agent or intermediary authorized to make medical payment reviews and to determine the amount due to medical vendors for the care of inmates, in accordance with agreements entered into by the secretary of corrections under the provisions of K.S.A. 75-5205 and amendments thereto, claims for medical services provided for the care of inmates even though such claims were not submitted or processed for payment within the fiscal year in which the services were rendered, except that no claim filed more than six months after the time the service was rendered shall be allowed or paid.
History: L. 1988, ch. 329, § 1; July 1.
On or after the effective date of this act, the secretary of corrections may establish conservation camps to provide inmates with a highly structured residential work program. Such conservation camps shall be a state correctional institution or facility for confinement under the supervision of the secretary. A conservation camp may accept defendants assigned to such camp as provided in K.S.A. 21-4603 or K.S.A. 21-4603d, prior to its repeal, or K.S.A. 21-6604 or 21-6702, and amendments thereto. Defendants assigned pursuant to K.S.A. 21-4603 or K.S.A. 21-4603d, prior to its repeal, or K.S.A. 21-6604 or 21-6702, and amendments thereto, to a conservation camp may be transferred by the secretary to any other correctional institution or facility. Any inmate sentenced to the custody of the secretary may be confined in a conservation camp, however, only those inmates assigned to the conservation camp pursuant to subsection (a)(5) or (e) of K.S.A. 21-4603d, prior to its repeal, or subsection (a)(5) of K.S.A. 21-6604, or subsection (b)(6) of K.S.A. 21-4603, prior to its repeal, or subsection (b)(6) of K.S.A. 21-6702, and amendments thereto, shall be eligible for release upon successful completion of the conservation camp program.
History: L. 1989, ch. 92, § 32; L. 1998, ch. 186, § 6; L. 2011, ch. 91, § 32; July 1.
The secretary of corrections is hereby authorized and directed to visit Kansas cities and counties and to initiate and participate in discussions with local public officials regarding the opportunities in such cities and counties to satisfy anticipated needs for additional inmate housing.
History: L. 1989, ch. 31, § 6; May 25.
(a) The secretary of corrections is hereby authorized to negotiate and enter into contracts with Kansas cities and counties for the placement of inmates, who are classified as medium custody or any higher custody or security classification, in facilities owned and operated by the cities and counties. If the secretary of corrections proposes to place any inmates classified as medium custody or any higher custody classification for confinement in facilities other than correctional or other institutions or facilities owned and operated by the department of corrections or any other state agency, the secretary of corrections shall give first consideration to entering into contracts with Kansas cities and counties under this section before attempting to place any such inmate for confinement at any location outside the state of Kansas if the facilities to be provided under such contracts are substantially equal to facilities at locations outside the state of Kansas and if arrangements can be made in a timely manner. Except as provided in subsection (b), the provisions of this section and any contract or preliminary letter of commitment entered into pursuant to this section shall not apply to any minimum custody or community custody status inmates, or any other custody or security classification lower than medium custody, or to any inmate who may be placed in a work release or prerelease program, center or facility by the secretary of corrections, who is eligible for parole or who is placed pursuant to the interstate corrections compact. Contracts entered into pursuant to this section shall not be subject to competitive bid requirements under K.S.A. 75-3739, and amendments thereto.
(b) The secretary shall not enter into any contract as provided in subsection (a) with any city or county of this state for the placement of inmates that does not provide that such city or county shall provide and maintain appropriate and recognized standards of safety, health and security.
History: L. 1989, ch. 31, § 7; L. 2000, ch. 182, § 10; May 25.
(a) To provide for any amounts required to be paid for all or part of the cost of the capital improvement projects for a new correctional facility and a mental health facility or facilities authorized by this act and expenses related thereto, the pooled money investment board is authorized and directed to loan to the secretary of corrections sufficient funds therefor in amounts which in the aggregate do not exceed $26,850,000. All such amounts of such loan shall be credited to the new correctional facility and mental health facility or facilities—construction fund which is hereby created in the state treasury. The pooled money investment board is authorized and directed to use any moneys in the operating accounts, investment accounts and other investments, of the state of Kansas to provide the funds for such loan.
(b) Such loan shall bear interest from the date of the loan transfer or transfers under this section at an annual rate of interest which shall be at a rate equal to the average yield before taxes received on 91-day United States treasury bills as determined by the federal reserve banks as fiscal agents of the United States at its most recent public offering of such bills in effect on January 1 of such year. 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.
(c) The secretary of corrections may periodically certify to the pooled money investment board amounts to be transferred pursuant to this subsection. Upon certification to the pooled money investment board by the secretary of corrections of the amounts of the loan authorized by subsection (a), the pooled money investment board shall transfer amounts certified by the secretary of corrections from the state bank accounts described in subsection (a) to the new correctional facility and mental health facility or facilities—construction fund which in the aggregate do not exceed the amount specified in subsection (a).
(d) Subject to the limitations of this section, the secretary of corrections shall determine and certify to the pooled money investment board, on or before the date of the first certification pursuant to subsection (c), the terms and conditions of repayment of the principal and interest of such loan amounts. Commencing in calendar year 1990, the principal and interest of such loan amounts shall be repaid in payments payable at least annually for a period of not more than 25 years. The repayment amounts shall be recomputed each year to reflect the interest rate prescribed and shall be calculated each year on a substantially level payment basis based on a total original amortization period of 25 years.
History: L. 1989, ch. 31, § 3; L. 1991, ch. 265, § 4; L. 1992, ch. 146, § 21; July 1.
(a) On the effective date of this act, the Kansas correctional institution at Lansing shall be consolidated with and become a part of the Kansas state penitentiary. The consolidated institution shall be named the Lansing correctional facility. All properties, moneys, appropriations, rights and authorities now vested in the Kansas correctional institution at Lansing or the Kansas state penitentiary shall be vested in the Lansing correctional facility. Whenever the Kansas correctional institution at Lansing or Kansas state penitentiary, or words of like effect, are referred to or designated by any statute, contract or other document, such reference or designation shall be deemed to apply to the Lansing correctional facility.
(b) On the effective date of this act, the Stockton correctional facility shall be consolidated with and become a part of the Norton correctional facility. All properties, moneys, appropriations, rights and authorities now vested in the Stockton correctional facility shall be vested in the Norton correctional facility. Whenever the Stockton correctional facility, or words of like effect, are referred to or designated by any statute, contract or other document, such reference or designation shall be deemed to apply to the Norton correctional facility.
(c) The name of the state industrial reformatory is hereby changed to the Hutchinson correctional facility. All properties, moneys, appropriations, rights and authorities now vested in the state industrial reformatory shall be vested in the Hutchinson correctional facility. Whenever the state industrial reformatory, 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 Hutchinson correctional facility.
History: L. 1990, ch. 309, § 1; L. 1991, ch. 260, § 19; April 25.
(a) On the effective date of this act, the Hutchinson correctional work facility shall be consolidated with and become a part of the Hutchinson correctional facility. All properties, moneys, appropriations, rights and authorities now vested in the Hutchinson correctional work facility shall be vested in the Hutchinson correctional facility. Whenever the Hutchinson correctional work facility, 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 Hutchinson correctional facility.
(b) On the effective date of this act, the Topeka correctional facility—west shall be consolidated with and become a part of the Topeka correctional facility—east. The consolidated institution shall be named the Topeka correctional facility. All properties, moneys, appropriations, rights and authorities now vested in the Topeka correctional facility—west or the Topeka correctional facility—east shall be vested in the Topeka correctional facility. Whenever the Topeka correctional facility—west or the Topeka correctional facility—east, or words of like effect, are referred to or designated by any statute, contract or other document, such reference or designation shall be deemed to apply to the Topeka correctional facility.
History: L. 1991, ch. 260, § 1; April 25.
The secretary of corrections and the board of commissioners of Labette county are hereby authorized to enter into agreements to establish and operate a community correctional conservation camp in Labette county. The county of Labette is hereby authorized to construct, equip and operate such community correctional conservation camp pursuant to such agreements. The capital improvement project to construct and equip a community correctional conservation camp is hereby approved for the department of corrections and Labette county for the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the issuance of bonds for such project 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 purpose 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. 1990, ch. 272, § 1; May 3.
(a) Except as authorized by Kansas statute, no city, county or private entity shall authorize, construct, own or operate any type of correctional facility for the placement or confinement of inmates from any agency of another state.
(b) The provisions of this section shall not apply to:
(1) Facilities used exclusively for placement or confinement of inmates from an agency of the federal government; or
(2) regional, city or county jails used exclusively as such jails and as places of detention for inmates, prisoners or fugitives as authorized by K.S.A. 19-1917, 19-1930 or 75-5217, and amendments thereto.
History: L. 1990, ch. 309, § 84; L. 1991, ch. 266, § 1; July 1.
The part of the Topeka correctional facility which formerly was known as the state correctional-vocational training center at Topeka, Kansas, shall be used to confine or house only female inmates having a custody or security classification of medium or minimum or lower and shall not be used to confine or house such inmates having a maximum custody or security classification either on a permanent or temporary basis.
History: L. 1990, ch. 322, § 3; L. 1991, ch. 260, § 20; April 25.
(a) Any personal property owned by an inmate and located at a correctional institution shall be considered abandoned property if the inmate escapes from custody.
(b) Any personal property owned by an inmate and located at a correctional institution shall be considered abandoned property if the property is not claimed by an inmate or an authorized representative of an inmate within 90 days after the inmate's release from incarceration.
(c) Any personal property owned by an inmate and located at a correctional institution shall be considered abandoned property if the property is not claimed by an authorized representative of an inmate within 90 days after the inmate's death while incarcerated.
(d) Any personal property which is determined to be abandoned pursuant to this section shall be reported to the administrator of unclaimed property in the state treasurer's office pursuant to K.S.A. 58-3950, and amendments thereto. The administrator of unclaimed property in the state treasurer's office shall then dispose of the property in accordance with K.S.A. 58-3934 et seq., and amendments thereto.
(e) As used in this section, "correctional institution" has the meaning ascribed thereto in subsection (d) of K.S.A. 75-5202, and amendments thereto, and "personal property" shall include any property an inmate is authorized by the secretary of corrections to possess while incarcerated, including any funds held by the correctional institution for the inmate.
History: L. 1991, ch. 250, § 1; L. 2002, ch. 69, § 1; July 1.
(a) The secretary of corrections is hereby authorized to lease any of the lands under the secretary's control, the title of which is vested in the state of Kansas for the production of oil, gas or other minerals which the secretary may deem valuable for that purpose. All such leases shall be on such terms and conditions as the secretary may prescribe, except that such leases shall not be for a period of more than five years, and so long thereafter as oil, gas or other minerals are produced in paying quantities thereon.
(b) Before entering into any lease pursuant to this section, the secretary of corrections shall give not less than 30 days' public notice, by publication in the Kansas register, of the secretary's intention to enter such lease. Any such lease shall be awarded in accordance with the competitive bid laws of this state. The right to reject any and all bids for leases shall be reserved by the secretary of corrections. Any lease under the provisions of this act shall be executed by the secretary of corrections, shall contain a recital of all proceedings in compliance with this section and shall be approved as to form by the attorney general.
(c) The lessee under any lease pursuant to this section shall be liable in damages to any surface lessee and to the state for any and all injury, damage or loss, caused by any act or omission of the lessee, to any property of the surface lessee or to any property of the state located upon or used in connection with such lands.
(d) No lease pursuant to this section, nor the uses or occupancy thereunder, shall interfere materially with the purposes for which the lands were granted to the state of Kansas.
(e) All proceeds of any lease pursuant to 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. 1991, ch. 264, § 2; L. 2001, ch. 5, § 400; July 1.
(a) On the effective date of this act, the El Dorado correctional work facility shall be transferred to, consolidated with and become a part of the El Dorado correctional facility. All properties, moneys, appropriations, rights and authorities now vested in the El Dorado correctional work facility shall be transferred to and be vested in the El Dorado correctional facility. Whenever the El Dorado correctional work facility, 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 El Dorado correctional facility.
(b) 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 the institution being transferred by subsection (a) and who, in the opinion of the secretary of corrections are necessary to perform the powers, duties and functions of the institution with which it is consolidated, shall be transferred to, and shall become officers and employees thereof. 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.
History: L. 1992, ch. 245, § 1; May 21.
Any inmate in the custody of the secretary of corrections or in a county jail, prior to filing any civil action naming the state of Kansas, any political subdivision of the state of Kansas, any public official, the secretary of corrections, the warden, the sheriff, or an employee of the department of corrections or the county, while such employee is engaged in the performance of such employee's duty, as the defendant pursuant to the rules of civil procedure, shall have exhausted such inmate's administrative remedies, established by rules and regulations promulgated by the secretary of corrections or by county resolutions, concerning such civil action. Upon filing a petition in a civil action, such inmate shall file with such petition proof that the administrative remedies have been exhausted.
History: L. 1994, ch. 227, § 1; July 1.
(a) The secretary of corrections is hereby authorized to adopt rules and regulations under which offenders in the secretary's custody may be assessed fees for various services provided to offenders and for deductions for payment to the crime victims compensation fund.
(b) All moneys received for fees imposed under this section for various services provided to offenders 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 department of corrections - general fees fund. All expenditures of the moneys credited to the department of corrections - general 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 secretary or by a person or persons designated by the secretary.
(c) The expenditures of the fees imposed under this section for various services provided to offenders shall be for victim assistance operations, inmate services and the supervision and management of offenders.
(d) There is hereby created in the state treasury the department of corrections victim assistance fund. All moneys credited to such fund under the provisions of K.S.A. 75-5211, and amendments thereto, or any other law shall be expended only for the purpose of victim assistance operations. All moneys 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 the department of corrections victim assistance fund. All expenditures of the moneys credited to the department of corrections victim assistance 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. 1994, ch. 227, § 10; L. 2008, ch. 91, § 2; 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 affect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History: L. 1994, ch. 227, § 11; July 1.
(a) The secretary of corrections is hereby authorized and empowered to exchange and convey for and on behalf of the state of Kansas all the rights, title and interest in a tract of real estate located in Ellsworth county, Kansas, as set forth below.
(b) Conveyance of such rights, title and interest in such real estate shall be in accordance with the procedures prescribed therefor by the secretary of corrections and shall be executed in the name of the department of corrections by the secretary on behalf of the state of Kansas.
(c) No conveyance of real estate authorized by this section shall be made or accepted by the secretary of corrections until the deeds, titles and conveyances have been reviewed and approved by the attorney general.
History: L. 1995, ch. 28, § 1; March 30.
(a) As used in this section, "city of Ellsworth real property" means a tract of land described as follows:
A tract of land in the E ½ Section 17, T 15 S - R 8 W, Ellsworth county, Kansas, more particularly described as follows:
Beginning at a point 30' East of the Center Corner of said Section; Said point being the East right-of-way of the County Road; thence South along the right-of-way for a distance of five hundred sixty two and seventy eight hundredths (562.78') feet to a point; thence East on the North property line of existing Ellsworth Correctional Facility on a bearing of S 89°25'09" E for a distance of four hundred (400') feet to a point; thence North parallel with the West property line for a distance of one thousand fifty five (1055') feet to a point; said point being 275' from the centerline of the NW-SE runway; thence on a bearing of N 49°00'00" E for a distance of five hundred twenty seven and eighty nine hundredths (527.89') feet to a point; said line being parallel with the NW-SE runway and said point being on the East right-of-way of the county road; thence South along the right-of-way for a distance of eight hundred thirty four and fifty hundredths (834.50') feet to the point of beginning.
The above described tract contains 11.259 acres more or less.
The city of Ellsworth does hereby retain an easement for ingress and egress to the existing airport, more particularly described as follows:
A tract of land 30' each side of the following described centerline. Beginning at a point 30' East of the Center Corner in said section; said point being on the East right-of-way of the county road; thence on a bearing of N7 00' E for a distance of four hundred and three (403') feet to the East property line.
(b) As used in this section, "department of corrections real property" means a tract of land described as follows:
A tract of land in the NE ¼ Section 17, T 15 S - R 8 W, Ellsworth county, Kansas, more particularly described as follows:
Beginning at a point 30' West of the E ¼ Corner of said Section; Said point being on the West right-of-way of K-14 Highway; thence North along the right-of-way for a distance one thousand seventy five and thirty eight hundredths (1075.38') feet to a point; thence parallel to the South ¼ section line for a distance of six hundred and twenty (620.00') feet to a point; thence South parallel with the East property line for a distance of one thousand seventy five and thirty eight (1075.38') feet to a point; said point being on the South ¼ section line; thence East along the ¼ section line for a distance of six hundred and twenty (620.00') feet to the point of beginning.
The above described tract contains 15.306 acres more or less.
(c) The secretary of corrections for and on behalf of the state of Kansas is hereby authorized to exchange and convey the department of corrections real property to the city of Ellsworth, Kansas, in consideration for which the city of Ellsworth, Kansas, will exchange and convey the city of Ellsworth real property to the department of corrections, subject to easements and restrictions of record and as may be agreed between the secretary of corrections and the city of Ellsworth, Kansas. The exchange and conveyance of such real property by the secretary of corrections on behalf of the state of Kansas, shall be executed in the name of the secretary on behalf of the state of Kansas and shall be delivered upon receipt of a good and sufficient warranty deed from the city of Ellsworth to the city of Ellsworth real property. Before such real property is exchanged and conveyed, the attorney general shall approve the instruments of conveyance of the secretary of corrections to the city of Ellsworth, Kansas, and the instruments of conveyance of the city of Ellsworth, Kansas, to the department of corrections and shall approve the title to the real property exchanged and conveyed by the city of Ellsworth, Kansas.
(d) The secretary of corrections may convey the department of corrections real estate on behalf of the state without the necessity of appraisal, bid or publication.
History: L. 1995, ch. 28, § 2; March 30.
(a) The secretary of corrections for and on behalf of the department of corrections and the state of Kansas is hereby authorized and directed to convey by quitclaim deed to fire district 1 of Leavenworth county, Kansas, all or part of a tract of land located in the city of Lansing, in Leavenworth county, Kansas, being more particularly described as follows:
A TRACT OF LAND IN THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 19-T9S-R23E OF THE 6TH P.M., CITY OF LANSING, COUNTY OF LEAVENWORTH, KANSAS, DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 19; THENCE, N 01°35'42"W, 1598.83 FEET ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, SAID POINT BEING S 01°35'42"E, 1053.79 FEET FROM THE WEST QUARTER CORNER OF SECTION 19; THENCE, N 88°54'27"E, 208.19 FEET TO THE POINT OF BEGINNING OF THIS TRACT;
THENCE, N 03°16'43"E, 36.22 FEET;
THENCE, N 13°30'22"E, 34.24 FEET;
THENCE, N 28°56'14"E, 252.67 FEET;
THENCE, N 88°54'27"E, 83.97 FEET;
THENCE, S 01°05'33"E, 288.00 FEET TO THE NORTH RIGHT OF WAY LINE OF KANSAS AVENUE;
THENCE, S 88°54'27"W, 221.81 FEET ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING.
CONTAINS 47,274.50 SQ. FT. / 1.09 ACRES +/-.
(b) The quitclaim deed shall be executed by the secretary of corrections for and on behalf of the department of corrections and the state of Kansas in a form approved by the attorney general.
(c) In the event that the secretary of corrections determines that the legal description of any parcel of real estate described by this section is incorrect, the secretary of corrections may convey the property utilizing the correct legal description, but the deed conveying the property shall be subject to the approval of the attorney general.
History: L. 2018, ch. 19, § 1; April 4.
History: L. 1996, ch. 229, § 14; Repealed, L. 2003, ch. 72, § 7; July 1.
(a) Drug abuse treatment programs certified in accordance with subsection (b) shall provide:
(1) Drug abuse assessments of any person who is convicted of or being considered for a diversion agreement in lieu of further criminal proceedings for a felony violation of K.S.A. 65-4160 or 65-4162, prior to such section's repeal, K.S.A. 2010 Supp. 21-36a06, prior to its transfer, or K.S.A. 21-5706, and amendments thereto, and meets the requirements of K.S.A. 21-4729, prior to its repeal, K.S.A. 21-6824(a) or 21-6825, and amendments thereto;
(2) treatment of all persons who are convicted of or entered into a diversion agreement in lieu of further criminal proceedings for a felony violation of K.S.A. 65-4160 or 65-4162, prior to such section's repeal, K.S.A. 2010 Supp. 21-36a06, prior to its transfer, or K.S.A. 21-5706, and amendments thereto, meet the requirements of K.S.A. 21-4729, prior to its repeal, K.S.A. 21-6824 or 21-6825, and amendments thereto, and whose sentence requires completion of a certified drug abuse treatment program, as provided in this section;
(3) one or more treatment options in the continuum of services needed to reach recovery: Detoxification, rehabilitation, continuing care and aftercare, and relapse prevention;
(4) treatment options to incorporate family and auxiliary support services; and
(5) treatment options for alcohol abuse when indicated by the assessment of the offender or required by the court.
(b) The criminal risk-need assessment shall be conducted by a court services officer. The drug abuse treatment program placement assessment shall be conducted by a drug abuse treatment program certified in accordance with the provisions of this subsection to provide assessment and treatment services. A drug abuse treatment program shall be certified by the Kansas sentencing commission. The commission may establish qualifications for the certification of programs, which may include requirements for supervision and monitoring of clients, fee reimbursement procedures, handling of conflicts of interest, delivery of services to clients unable to pay and other matters relating to quality and delivery of services by the program. Drug abuse treatment may include community based and faith based programs. The certification shall be for a four-year period. The commission may establish a process for revoking certification of programs that do not meet the commission's qualifications for certification. Recertification of a program shall be by the commission. To be eligible for certification or recertification under this subsection, the commission shall determine that a drug abuse treatment program:
(1) Meets the qualifications established by the commission;
(2) is capable of providing the assessments, supervision and monitoring required under subsection (a);
(3) has employed or contracted with certified treatment providers; and
(4) meets any other functions and duties specified by law.
(c) Any treatment provider who is employed or has contracted with a certified drug abuse treatment program who provides services to offenders shall be certified by the Kansas sentencing commission. The commission shall require education and training that shall include, but not be limited to, case management and cognitive behavior training. The duties of providers who prepare the presentence drug abuse assessment may also include appearing at sentencing and probation hearings in accordance with the orders of the court, monitoring offenders in the treatment programs, notifying the probation department and the court of any offender failing to meet the conditions of probation or referrals to treatment, appearing at revocation hearings as may be required and providing assistance and data reporting and program evaluation.
(d) (1) The cost for all drug abuse assessments performed pursuant to subsection (a)(1), and the cost for all certified drug abuse treatment programs for any person who meets the requirements of K.S.A. 21-6824 or 21-6825, and amendments thereto, shall be paid by the Kansas sentencing commission from funds appropriated for such purpose. The Kansas sentencing commission shall contract for payment for such services with the supervising agency.
(2) The sentencing court shall determine the extent, if any, that such person is able to pay for such assessment and treatment. Such payments shall be used by the supervising agency to offset costs to the state. If such financial obligations are not met or cannot be met, the sentencing court shall be notified for the purpose of collection or review and further action on the offender's sentence.
(3) If the person has entered into a diversion agreement in lieu of further criminal proceedings, the county or district attorney shall determine the extent, if any, that such person is able to pay for such assessment and treatment. Such payments shall be used by the supervising agency to offset costs to the state or county. If such financial obligations are not met or cannot be met, the county or district attorney shall be notified for the purpose of collection or review and further action on the person's diversion agreement.
(e) The community corrections staff shall work with the substance abuse treatment staff to ensure effective supervision and monitoring of the offender.
(f) The Kansas sentencing commission is hereby authorized to adopt rules and regulations to carry out the provisions of this section.
History: L. 2003, ch. 135, § 2; L. 2009, ch. 32, § 61; L. 2011, ch. 30, § 282; L. 2012, ch. 150, § 51; L. 2021, ch. 109, § 9; L. 2022, ch. 73, § 8; July 1.
(a) The secretary of corrections is hereby authorized to convey, without consideration, to the city of Hutchinson, Kansas the following described state property located in Reno county, Kansas containing 7.19 acres more or less:
A tract of land located in the Southwest Quarter of Section 19, Township 23 South, Range 5 West of the 6th Principal Meridian in Reno County, Kansas more particularly described as follows:
Commencing at the Center Section Corner of said Section 19; thence South along the East line of said Southwest Quarter, S 0°16'48" E, 265.00 feet to a point; thence S 89°43'12" W, 50.00 feet to the point of beginning; thence continuing S 89°43'12" W, 650.00 feet, thence S 41°31'49" W, 75.00 feet; thence South and Parallel to the East line of the Southwest Quarter of said Section 19 S 0°16'48" E, 393.85 feet; thence N 89°43'12" E, 700 feet to a point that is 50.00 feet West of the East line of said Southwest Quarter; thence N 0°16'48" W, 449.75 feet to the point of beginning. Said tract containing 7.19 acres more or less.
(b) The deed conveying the real estate described under subsection (a) shall be approved by the attorney general and shall be executed by the secretary of corrections.
(c) The conveyance authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a, and amendments thereto.
History: L. 2003, ch. 144, § 1; July 1.
(a) The secretary of corrections shall develop a comprehensive plan for the expansion of maximum, medium and minimum security prison capacity, for specialized facilities and for a training academy. In developing such plan, the secretary shall engage in discussions with local units of government in jurisdictions in which department of corrections facilities are situated. The secretary shall present such plan to the legislature not later than February 1, 2005.
(b) The secretary is authorized to enter into agreements with Woodson County, or with any municipality within Woodson County, in preparation for the expansion of the minimum security correctional facility at Toronto to house additional medium or minimum security male inmates or for the development of related correctional facilities in Woodson County.
(c) The secretary is authorized to enter into agreements with Rooks County, or with any municipality within Rooks County, in preparation for the expansion of the minimum security correctional facility at Stockton to house additional medium or minimum security male inmates or for the development of related correctional facilities in Rooks County.
(d) In carrying out duties under this section, the secretary shall coordinate with the Kansas criminal justice recodification, rehabilitation and restoration project committee and with the Kansas sentencing commission.
History: L. 2004, ch. 92, § 2; April 22.
On and after July 1, 2004, whenever death occurs of an inmate, who is in the custody of the secretary of corrections and who resides in a correctional facility or boot camp operated by or contracted through the secretary or of a juvenile, who is in the custody of the commissioner of juvenile justice and who resides in an institution operated by or contracted through the commissioner, an investigation regarding the circumstances of the death shall be initiated by the Kansas bureau of investigation. A report of the findings of the investigation shall be made available to the chairperson of the senate judiciary committee and the house corrections and juvenile justice committee of the Kansas legislature and shall be subject to the open records act, K.S.A. 45-215, and amendments thereto. No such investigation by the Kansas bureau of investigation shall be required if the cause of death is determined to be natural, by a qualified autopsy, preliminary autopsy report or death certificate or the inmate or juvenile was regularly attended by a licensed physician.
History: L. 2004, ch. 160, § 4; L. 2005, ch. 150, § 2; July 1.
(a) The department of corrections shall be required to review and report on the following serious offenses committed by sex offenders, as defined by K.S.A. 22-4902, and amendments thereto, while such offenders are in the custody of the secretary of corrections:
(1) Murder in the first degree, as defined in K.S.A. 21-5402, and amendments thereto;
(2) murder in the second degree, as defined in K.S.A. 21-5403, and amendments thereto;
(3) capital murder, as defined in K.S.A. 21-5401, and amendments thereto;
(4) rape, as defined in K.S.A. 21-5503, and amendments thereto;
(5) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b), and amendments thereto;
(6) sexual exploitation of a child, as defined in K.S.A. 21-5510, and amendments thereto;
(7) kidnapping, as defined in K.S.A. 21-5408(a), and amendments thereto;
(8) aggravated kidnapping, as defined in K.S.A. 21-5408(b), and amendments thereto;
(9) criminal restraint, as defined in K.S.A. 21-5411, and amendments thereto;
(10) indecent solicitation of a child, as defined in K.S.A. 21-5508(a), and amendments thereto;
(11) aggravated indecent solicitation of a child, as defined in K.S.A. 21-5508(b), and amendments thereto;
(12) indecent liberties with a child, as defined in K.S.A. 21-5506(a), and amendments thereto;
(13) aggravated indecent liberties with a child, as defined in K.S.A. 21-5506(b), and amendments thereto;
(14) criminal sodomy, as defined in K.S.A. 21-5504(a), and amendments thereto;
(15) child abuse, as defined in K.S.A. 21-5602, and amendments thereto;
(16) aggravated robbery, as defined in K.S.A. 21-5420(b), and amendments thereto;
(17) burglary, as defined in K.S.A. 21-5807(a), and amendments thereto;
(18) aggravated burglary, as defined in K.S.A. 21-5807(b), and amendments thereto;
(19) theft, as defined in K.S.A. 21-5801, and amendments thereto;
(20) vehicular homicide, as defined in K.S.A. 21-5406, and amendments thereto;
(21) involuntary manslaughter while driving under the influence, as defined in K.S.A. 21-5405(a)(3) or (a)(5), and amendments thereto; or
(22) stalking, as defined in K.S.A. 21-5427, and amendments thereto.
(b) The secretary of corrections shall submit such report to the speaker of the house of representatives and the president of the senate annually, beginning January 1, 2007.
History: L. 2006, ch. 212, § 4; L. 2011, ch. 30, § 283; L. 2018, ch. 7, § 10; July 1.
(a) The department of corrections shall be required to identify, assess and monitor high-risk sex offenders in the custody of the secretary of corrections.
(b) The department is directed to develop a graduated risk assessment that identifies, assesses and closely monitors a high-risk sex offender who is placed on postrelease supervision.
History: L. 2006, ch. 212, § 5; July 1.
On and after January 1, 2010, there is hereby created in the state treasury the correctional services special revenue fund. All moneys credited to the correctional services special revenue fund shall be used by the department of corrections only for the purpose of providing substance abuse treatment in department of corrections facilities. All expenditures from the correctional services special revenue 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 corrections.
History: L. 2009, ch. 107, § 2; July 1.
There is hereby created in the state treasury the department of corrections forensic psychologist fund. All moneys credited to the department of corrections forensic psychologist fund shall be used by the department of corrections for the purpose of contracting for the services of forensic psychologists. All expenditures from the department of corrections forensic psychologist 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 corrections or the secretary's designee.
History: L. 2010, ch. 147, § 1; July 1.
There is hereby established, within the Kansas department of corrections, the prisoner review board. The prisoner review board shall be administered under the supervision of the secretary of corrections. The prisoner review board shall consist of three members appointed by the secretary of corrections and all members shall serve at the pleasure of the secretary. The members of the prisoner review board shall be existing employees of the department of corrections.
History: Executive Reorganization Order No. 34, § 1; L. 2011, ch. 130, § 1; July 1.
(a) The Kansas parole board established by K.S.A. 22-3707 is hereby abolished. The prisoner review board shall be a continuation of the Kansas parole board.
(b) All of the powers, duties and functions of the existing Kansas parole board are hereby transferred to and imposed upon the prisoner review board.
History: Executive Reorganization Order No. 34, § 2; L. 2011, ch. 130, § 2; July 1.
(a) The prisoner review board shall be the successor in every way to the powers, duties and functions of the Kansas parole board in which the same were vested prior to the effective date of K.S.A. 75-52,152 through 75-52,157, and amendments thereto. Every act performed in the exercise of such transferred powers, duties and functions by or under the authority of the prisoner review board shall be deemed to have the same force and effect as if performed by the Kansas parole board in which such powers, duties and functions were vested prior to the effective date of K.S.A. 75-52,152 through 75-52,157, and amendments thereto.
(b) Whenever the Kansas parole board, 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 prisoner review board.
(c) All rules and regulations, orders and directives of the Kansas parole board that are in effect on the effective date of K.S.A. 75-52,152 through 75-52,157, and amendments thereto, shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the secretary of corrections until revised, amended, revoked or nullified pursuant to law.
History: Executive Reorganization Order No. 34, § 3; L. 2011, ch. 130, § 3; July 1.
The balances of all funds or accounts thereof appropriated or reappropriated for the Kansas parole board are hereby transferred within the state treasury to the Kansas department of corrections and shall be used only for the purpose for which the appropriation was originally made.
History: Executive Reorganization Order No. 34, § 4; L. 2011, ch. 130, § 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. 75-52,152 through 75-52,157, and amendments thereto, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The department of corrections shall succeed to all property, property rights, and records which were used for or pertain to the performance of powers, duties, and functions of the Kansas parole board transferred to the prisoner review board. Any conflict as to the proper disposition of property, personnel, or records arising under K.S.A. 75-52,152 through 75-52,157, and amendments thereto, shall be determined by the governor, whose decision shall be final.
History: Executive Reorganization Order No. 34, § 5; L. 2011, ch. 130, § 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 mentioned in K.S.A. 75-52,152 through 75-52,157, 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. 75-52,152 through 75-52,157, 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. 75-52,152 through 75-52,157, and amendments thereto.
History: Executive Reorganization Order No. 34, § 6; L. 2011, ch. 130, § 6; July 1.
(a) The secretary of corrections is hereby authorized to sell and convey, on behalf of the state of Kansas, to Reno county, Kansas, to be used for a jail and related law enforcement purposes, in the manner hereinafter provided, the following described real estate, including any improvement thereon:
A tract of land in the Southwest Quarter (SW/4) of the Southeast Quarter (SE/4) of Section 19, Township 23 South, Range 5 West of the 6th P.M., Reno County, Kansas; more particularly described as: Beginning at the Southwest corner of the Southeast Quarter (SE/4) of said Section 19; thence North 0°33'01" West 776.0 feet along the West line of said SE/4; thence North 89°43'39" East 650.0 feet; thence South 0°33'01" East 776.0 feet, thence South 89°43'39" West 650.0 feet along South line of said SE/4 to the point of beginning, containing 11.579 acres, inclusive of road right-of-way easements across the South and West 50 feet thereof, as recorded at the Reno County Register of Deeds office in Book 124 Page 211.
(b) Before any property shall be sold under the provisions of this section, the real estate described in subsection (a) shall be appraised by a disinterested appraiser acquainted with real estate values in Reno county and appointed by the secretary upon agreement between the secretary and the Reno county commissioners. Such appraisement shall be in writing and filed with the secretary, and the cost of the appraisement shall be paid by Reno county.
(c) The attorney general shall approve the abstract of title or title insurance policies as showing merchantable fee simple title to such property and shall approve the form of the deed or deeds to such property.
(d) Except as provided in subsection (e), the provisions of K.S.A. 75-3043a and 75-6609, and amendments thereto, shall not apply to the sale and conveyance authorized by this section or any contracts required therefor.
(e) When such real estate is sold, the proceeds thereof shall be deposited in the state treasury as prescribed by subsection (f) of K.S.A. 75-6609, and amendments thereto.
(f) In the event that the secretary of corrections determines that the legal description of the parcel described by this section is incorrect, the secretary of corrections may sell and convey the property utilizing the correct legal description, but the deed conveying the property shall be subject to the approval of the attorney general.
History: L. 2012, ch. 165, § 1; June 7.
(a) The secretary of corrections is hereby authorized to acquire by purchase a tract of land, including the improvements thereon, in the NE ¼ of section 28-T15S-R8W, Ellsworth county, Kansas, the St. Francis boy's home, more particularly described as follows:
From the N ¼ corner of sec. 28-T15S-R8W South along the West line of the NE ¼ for a distance of forty (40.0') feet to a point of beginning; thence East parallel to the North line of the NE ¼ for a distance of three hundred fifty eight and ninety one hundredths (358.91') feet to a bar; thence South on a bearing of S 0° 07'19"W for a distance of four hundred thirty three and four hundredths (433.04') feet to a bar; thence East parallel to the North line of the NE ¼ for a distance of three hundred ninety five (395.00') feet to a bar on the existing property line; thence South on the existing property line on a bearing of S 0° 07'19"W for a distance of four hundred thirty three (433.00') feet to a bar; thence West on the existing property line parallel to the North line of the NE ¼ for a distance of seven hundred fifty four (754.00') feet to a bar; thence North on the existing property line (West line NE ¼) on a bearing of N 0° 07'19"E for a distance of eight hundred sixty six and four hundredths (866.04') feet to the point of beginning. The above described tract contains 11.10 acres, more or less.
(b) Prior to payment for the purchase authorized by this section:
(1) The secretary of corrections shall appoint one disinterested appraiser to determine the market value of the property sought to be acquired; and
(2) the attorney general shall approve the abstract of title or title insurance policies as showing merchantable fee simple title to such property and shall approve the form of the deed or deeds to such property.
(c) The provisions of K.S.A. 75-3043a and 75-3739, and amendments thereto, shall not apply to the acquisition authorized by this section or any contracts required therefor.
(d) The secretary of corrections shall establish a minimum security correctional facility on such real estate.
(e) In the event that the secretary of corrections determines that the legal description of the parcel described by this section is incorrect, the secretary of corrections may purchase the property utilizing the correct legal description but the deed conveying the property shall be subject to the approval of the attorney general.
History: L. 2012, ch. 165, § 2; June 7.
(a) The secretary of corrections shall establish the justice reinvestment working group.
(b) The working group shall consist of the following members:
(1) One senator appointed by the president of the senate;
(2) one representative appointed by the speaker of the house of representatives;
(3) one senator appointed by the minority leader of the senate;
(4) one representative appointed by the minority leader of the house of representatives;
(5) one member appointed by the governor;
(6) one member appointed by the attorney general;
(7) one member appointed by the chief justice of the supreme court;
(8) one member shall represent court services officers, appointed by the chief justice of the supreme court;
(9) the secretary of corrections;
(10) the director of victims services of the department of corrections;
(11) one member shall represent community corrections, appointed by the secretary of corrections;
(12) one member of the prisoner review board, appointed by the secretary of corrections;
(13) one member shall be a prosecuting attorney, appointed by the Kansas county and district attorneys association;
(14) one member shall represent public defenders, appointed by the executive director of the state board of indigents' defense services;
(15) one member shall represent mental health providers, appointed by the secretary for aging and disability services;
(16) one member shall be a sheriff, appointed by the Kansas sheriff's association; and
(17) one member shall be a law enforcement officer, appointed by the Kansas association of chiefs of police.
(c) The members appointed by the president of the senate and the speaker of the house of representatives shall serve as co-chairs of the working group. The secretary of corrections shall serve as vice-chairperson. The working group shall meet on call of either co-chair or on the request of nine members of the working group. Nine members of the working group shall constitute a quorum. All actions of the working group shall be taken by a majority of all members of the working group.
(d) The working group shall undertake a study of the data-driven, fiscally responsible policies and practices that can increase public safety and reduce recidivism and spending on corrections in Kansas.
(e) On or before January 1, 2013, the working group shall submit a report of the working group's activities and recommendations regarding increased public safety and reducing recidivism and spending on corrections in Kansas to the secretary of the senate and the chief clerk of the house of representatives.
(f) The members of the working group attending meetings of such working group, or attending a subcommittee meeting thereof authorized by such working group, shall receive amounts provided for in subsection (e) of K.S.A. 75-3223, and amendments thereto, upon vouchers approved by the secretary of corrections or a person or persons designated by the secretary.
History: L. 2012, ch. 120, § 1; July 1.
(a) There is hereby established the Kansas juvenile justice oversight committee for the purpose of overseeing the implementation of reform measures intended to improve the state's juvenile justice system.
(b) The Kansas juvenile justice oversight committee shall be composed of 21 members including the following individuals:
(1) The governor or the governor's designee;
(2) one member of the house of representatives appointed by the speaker of the house of representatives;
(3) one member of the house of representatives appointed by the minority leader of the house of representatives;
(4) one member of the senate appointed by the president of the senate;
(5) one member of the senate appointed by the minority leader of the senate;
(6) the secretary of corrections or the secretary's designee;
(7) the secretary for children and families or the secretary's designee;
(8) the commissioner of education or the commissioner's designee;
(9) the deputy secretary of juvenile services at the department of corrections or the deputy's designee;
(10) the director of community-based services at the department of corrections, or the director's designee;
(11) two district court judges appointed by the chief justice of the supreme court;
(12) one chief court services officer appointed by the chief justice of the supreme court;
(13) one member of the office of judicial administration appointed by the chief justice of the supreme court;
(14) one juvenile defense attorney appointed by the chief justice of the supreme court;
(15) one juvenile crime victim advocate appointed by the governor;
(16) one member from a local law enforcement agency appointed by the attorney general;
(17) one attorney from a prosecuting attorney's office appointed by the attorney general;
(18) one member from a community corrections agency appointed by the governor;
(19) one youth member of the Kansas advisory group on juvenile justice and delinquency prevention appointed by the chair of the Kansas advisory group on juvenile justice and delinquency prevention; and
(20) one director of a juvenile detention facility appointed by the attorney general.
(c) The committee shall be appointed by September 1, 2016, and shall meet within 60 days after appointment and at least quarterly thereafter, upon notice by the chair. The committee shall select a chairperson and vice-chairperson, and 11 members shall be considered a quorum.
(d) The committee shall perform the following duties:
(1) Guide and evaluate the implementation of the changes in law relating to juvenile justice reform;
(2) define performance measures and recidivism;
(3) approve a plan developed by court services and the department of corrections instituting a uniform process for collecting and reviewing performance measures and recidivism, costs and outcomes of programs;
(4) consider utilizing the Kansas criminal justice information system for data collection and analyses;
(5) ensure system integration and accountability;
(6) monitor the fidelity of implementation efforts to programs and training efforts;
(7) monitor any state expenditures that have been avoided by reductions in the number of youth placed in out-of-home placements to recommend to the governor and the legislature reinvestment of funds into:
(A) Evidence-based practices and programs in the community pursuant to K.S.A. 38-2302, and amendments thereto, for use by intake and assessment services, immediate intervention, probation and conditional release;
(B) training on evidence-based practices for juvenile justice system staff, including, but not limited to, training in cognitive behavioral therapies, family-centered therapies, substance abuse, sex offender therapy and other services that address a juvenile's risks and needs; and
(C) monitor the plan from the department of corrections for the prioritization of funds pursuant to K.S.A. 75-52,164(d), and amendments thereto;
(8) continue to review any additional topics relating to the continued improvement of the juvenile justice system, including:
(A) The confidentiality of juvenile records;
(B) the reduction of the financial burden placed on families involved in the juvenile justice system;
(C) juvenile due process rights, including, but not limited to, the development of rights to a speedy trial and preliminary hearings;
(D) the improvement of conditions of confinement for juveniles;
(E) the removal from the home of children in need of care for non-abuse or neglect, truancy, running away or additional child behavior problems when there is no court finding of parental abuse or neglect; and
(F) the requirement for youth residential facilities to maintain sight and sound separation between children in need of care that have an open juvenile offender case and children in need of care that do not have an open juvenile offender case;
(9) adhere to the goals of the juvenile justice code as provided in K.S.A. 38-2301, and amendments thereto;
(10) analyze and investigate gaps in the juvenile justice system and explore alternatives to out-of-home placement of juvenile offenders in youth residential facilities;
(11) identify evidence-based training models, needs and resources and make appropriate recommendations;
(12) study and create a plan to address the disparate treatment and availability of resources for juveniles with mental health needs in the juvenile justice system; and
(13) review portions of juvenile justice reform that require the department of corrections and the office of judicial administration to cooperate and make recommendations when there is not consensus between the two agencies.
(e) The committee shall issue an annual report to the governor, the president of the senate, the speaker of the house of representatives and the chief justice of the supreme court on or before November 30 each year starting in 2017. Such report shall include:
(1) An assessment of the progress made in implementation of juvenile justice reform efforts;
(2) a summary of the committee's efforts in fulfilling its duties as set forth in this section;
(3) an analysis of the recidivism data obtained by the committee pursuant to this section;
(4) a summary of the averted costs determined pursuant to this section and a recommendation for any reinvestment of the averted costs to fund services or programs to expand Kansas' continuum of alternatives for juveniles who would otherwise be placed in out-of-home placements;
(5) an analysis of detention risk-assessment data to determine if any disparate impacts resulted at any stage of the juvenile justice system based on race, sex, national origin or economic status;
(6) recommendations for continued improvements to the juvenile justice system;
(7) data pertaining to the completion of training on evidence-based practices in juvenile justice, including, but not limited to, the number of judges, district and county attorneys and appointed defense attorneys, that participated in training; and
(8) data received from the office of judicial administration and the department of corrections, pursuant to K.S.A. 38-2391, and amendments thereto, pertaining to extensions of probation for juvenile offenders and an analysis of such data to identify how probation extensions are being used and conclusions regarding the effectiveness of such extensions.
(f) After initial appointment, members appointed to this committee by the governor, the president of the senate, the speaker of the house of representatives or the chief justice of the supreme court pursuant to subsection (b), shall serve for a term of two years and shall be eligible for reappointment to such position. All members appointed to the committee shall serve until a successor has been duly appointed.
(g) The staff of the Kansas department of corrections shall provide such assistance as may be requested by the committee. To facilitate the organization of the meetings of the committee, the Kansas department of corrections shall provide administrative assistance.
History: L. 2016, ch. 46, § 4; L. 2017, ch. 90, § 13; L. 2018, ch. 52, § 4; July 1.
(a) (1) The department of corrections and the Kansas juvenile justice oversight committee shall explore methods of exchanging confidential data between all parts of the juvenile justice system. Such data exchange shall be limited based on the needs of the user accessing the data. Such method of exchanging data shall take into consideration sharing data that is necessary for continuity of treatment and correctional programs, including, but not limited to, health care requirements, mental health care needs and history, substance abuse treatment and history, recommendations for emergency placement options and any other information to assist in providing proper care to the juvenile. The department of corrections is authorized to use grant funds, allocated state funds or any other accessible funding necessary to create such data exchange system. All state and local programs involved in the care of juveniles involved in the juvenile justice system or the child in need of care system shall cooperate in the development and utilization of such system.
(2) (A) On or before July 1, 2025, the department of corrections shall develop a system to facilitate the exchanging of confidential data described in paragraph (1). The department may contract with another entity to provide an electronic record system that is not maintained by the department. Such system shall include a verification system that is operated by the department for the purpose of verifying the authenticity and validity of electronic records. The electronic records maintained in such system shall have the same legal effect as paper records.
(B) The department shall report to the joint committee on corrections and juvenile justice oversight, the house of representatives standing committee on corrections and juvenile justice, the house of representatives standing committee on appropriations, the senate standing committee on judiciary and the senate standing committee on ways and means on the progress of development on or before the first day of the 2024 regular session of the legislature.
(b) The department of corrections shall establish and maintain a statewide searchable database that contains information regarding juveniles who participate in an immediate intervention program. County and district attorneys, judges, community supervision officers and juvenile intake and assessment workers shall have access to the database and shall submit necessary data to such database. The department of corrections shall, in consultation with the office of judicial administration, adopt rules and regulations to carry out the provisions of this subsection.
History: L. 2016, ch. 46, § 15; L. 2017, ch. 90, § 14; L. 2023, ch. 96, § 13; July 1.
(a) The department of corrections shall create a plan and provide funding to incentivize the development of immediate intervention programs established pursuant to K.S.A. 38-2346, and amendments thereto.
(b) Funds allocated in accordance with such plan shall be used only for the purpose of making grants to immediate intervention programs that adhere to the standards and procedures for such programs developed pursuant to K.S.A. 38-2395, and amendments thereto, and shall be based on the number of persons served and such other requirements as may be established by the department of corrections. The plan may include requirements for grant applications, organizational characteristics, reporting and auditing criteria and such other standards for eligibility and accountability.
(c) This section shall take effect on and after January 1, 2017.
History: L. 2016, ch. 46, § 11; July 1.
(a) (1) There is hereby established in the state treasury the evidence-based programs account of the state general fund, which shall be administered by the department of corrections. All expenditures from the evidence-based programs account of the state general fund shall be for the development and implementation of evidence-based community programs and practices for:
(A) Juvenile offenders and their families;
(B) juveniles experiencing behavioral health crisis and their families;
(C) children who have been administered a risk and needs assessment and have been identified as needing services pursuant to K.S.A. 2025 Supp. 38-2292, and amendments thereto; and
(D) grants as provided in subsection (e).
(2) Evidence-based community programs and practices may be administered by community supervision offices, juvenile intake and assessment, court services, community corrections, juvenile crisis intervention centers, community mental health centers, community health centers, the youth advocate program, jobs for America's graduates Kansas transition services and any other community-based service provider offering evidence-based community programs.
(3) All expenditures from the evidence-based programs account of the state general 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 corrections or the secretary's designee.
(b) At least annually, throughout the year, the secretary of corrections shall determine and certify to the director of accounts and reports the amount in each account of the state general fund of a state agency that has been determined by the secretary to be actual or projected cost savings as a result of cost avoidance resulting from decreased reliance on incarceration in the juvenile correctional facility and placement in youth residential centers. The baseline shall be calculated on the cost of incarceration and placement in fiscal year 2015.
(c) Upon receipt of a certification pursuant to subsection (b), the director of accounts and reports shall transfer the amount certified pursuant to subsection (b) from each account of the state general fund of a state agency that has been determined by the secretary of corrections to be actual or projected cost savings to the evidence-based programs account of the state general fund.
(d) Prioritization of evidence-based programs account of the state general fund moneys will be given to regions that demonstrate a high rate of out-of-home placement of juvenile offenders per capita that have few existing community-based alternatives.
(e) (1) The secretary of corrections shall develop and implement a grant program with the goal of implementing evidence-based community programs described in subsection (a) and promising practices throughout the state, subject to the availability of funding in the evidence-based programs account of the state general fund after other expenditures for evidence-based programs are made. The secretary shall adopt grant requirements in accordance with this section. Any provider of evidence-based community programs for juveniles may apply for a grant. The grant program shall give priority to any county that demonstrates a low availability of evidence-based community programs for juveniles. The secretary shall evaluate the programs that received a grant to ensure the program is being delivered as such program was designed.
(2) Child welfare case management providers shall not be eligible to receive grants under this subsection.
(f) Expenditures made from the evidence-based programs account of the state general fund shall be made promptly and on a rolling basis to develop and implement evidence-based community programs as services are needed throughout the state.
(g) The evidence-based programs account of the state general fund and any other moneys transferred pursuant to this section 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 funds and the moneys deposited in this fund shall remain intact and inviolate for the purposes set forth in this section.
History: L. 2016, ch. 46, § 13; L. 2017, ch. 90, § 15; L. 2018, ch. 107, § 7; L. 2023, ch. 96, § 14; July 1.
(a) (1) Notwithstanding any other provision of law, no state agency shall enter into any agreement or take any action to outsource or privatize any security operations of any correctional institution, as defined by K.S.A. 75-5202, and amendments thereto, or juvenile correctional facility, as defined by K.S.A. 38-2302, and amendments thereto, that is operated by a state agency without prior specific authorization by an act of the legislature or an appropriation act of the legislature. The restriction imposed by this subsection applies to any action to outsource or privatize all or any part of any security operation or job classifications and duties associated with a security operation of such correctional institution or juvenile correctional facility.
(2) For the purposes of this section, "security operations" shall include the supervision of inmates in a correctional institution or juvenile correctional facility by a corrections officer or warden as those terms are defined in K.S.A. 75-5202, and amendments thereto, or any other position that is part of security operations as identified in rules and regulations adopted by the secretary.
(3) The secretary of corrections may adopt rules and regulations to identify job classifications and duties that are part of the security operations of a correctional institution or juvenile correctional facility.
(b) Nothing in this section shall prevent the department of corrections from renewing, in substantially the same form as an existing agreement, any agreement in existence prior to January 1, 2018, for services at such correctional institution or juvenile correctional facility.
(c) Nothing in this section shall prevent the department of corrections from entering into an agreement for services at such correctional institution or juvenile correctional facility with a different provider if such agreement is substantially similar to an agreement for services in existence prior to January 1, 2018.
History: L. 2018, ch. 83, § 1; May 17.
(a) The secretary of the department of administration is hereby authorized and empowered, for and on behalf of the department of corrections, to convey, without consideration, all of the rights, title and interest in the following described real estate, and any improvements thereon, to the city of Beloit, Kansas:
A Tract of land in the Northeast Quarter of Section Four (4), Township Seven (7) South, Range Seven (7) West of the 6th P.M., Mitchell County, Kansas, more particularly described as follows: Beginning at the Southwest corner of the Northeast Quarter (NE/4) of Section Four (4), Township Seven (7), Range Seven (7); thence North along quarter section line a distance of Seven Hundred Fifty-nine (759) feet; thence East at a Ninety degree (90°) angle a distance of Three Hundred Ninety-six (396) feet; thence South at a Ninety degree (90°) angle a distance of Seven Hundred Fifty-nine (759) feet; thence West along South line of Northeast Quarter (NE/4), Section Four (4), Township Seven (7), Range Seven (7), a distance of Three Hundred Ninety-six (396) feet to the point of beginning, containing Six and Thirty-eight Hundredths (6.38) acres more or less, exclusive of Thirty (30) feet along West side for Highway right-of-way.
(b) Conveyance of such rights, title and interest in such real estate and any improvements thereon shall be executed in the name of the department of administration executed by the secretary of administration. The deed for such conveyance shall be by quitclaim deed.
(c) No exchange and conveyance of real estate and any improvements thereon as authorized by this section shall be made by the secretary of administration until the deeds and conveyances have been reviewed and approved by the attorney general.
(d) All costs in any way related to the conveyance shall be paid by the city of Beloit, Kansas. The conveyance of real property authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a, and amendments thereto.
(e) In the event the secretary of administration determines that the legal description of the parcel described by this section is incorrect, the secretary of administration may convey the property utilizing the correct legal description, but the deed conveying the property shall be subject to the approval of the attorney general.
History: L. 2021, ch. 38, § 1; July 1.
As used in K.S.A. 75-3739, and amendments thereto, and K.S.A. 2025 Supp. 75-52,167 through 75-52,171, and amendments thereto:
(a) "Private entity" means any partnership, firm, association, corporation, sole proprietorship or other business organization, whether organized for profit or not-for-profit and includes any faith-based organization.
(b) "Secretary" means the secretary of corrections.
(c) "Public-private partnership" means the relationship established between the department of corrections and a private entity by contracting for the performance of any combination of specified functions or responsibilities to develop, finance, construct or renovate a building at a correctional institution where the department of corrections cost for development, finance, construction or renovation of such building does not exceed 50% of the total cost of the developing, financing, constructing or renovating such building.
(d) "Correctional institution" means the same as defined in K.S.A. 75-5202, and amendments thereto.
(e) "Public-private project" means the project to develop, finance, construct or renovate a building at a correctional institution pursuant to a public-private partnership.
(f) "Faith-based organization" means any religious, charitable or other organization described in article 17 of chapter 17 of the Kansas Statutes Annotated, and amendments thereto, or any other organization whose values are based on faith and beliefs, or both, that has a mission based on social values of the particular faith and whose members are from a particular faith group.
(g) "Spiritual needs" means any program or service that addresses any issue related to sincerely held religious beliefs.
History: L. 2021, ch. 86, § 1; L. 2023, ch. 32, § 2; L. 2025, ch. 28, § 1; July 1.
(a) The secretary is hereby authorized to enter agreements with private entities for public-private project for the purpose of funding new or renovated buildings at a correctional institution for:
(1) Education and skills-building programs and services; and
(2) purposes of addressing the spiritual needs of incarcerated persons.
(b) The secretary shall determine whether the project is suitable for a public-private partnership agreement, by conducting an analysis of the feasibility, desirability and the convenience to the public of the project and whether the project furthers the public policy goals of the department of corrections. The secretary shall consult with the secretary of administration for input from the office of facilities and property management when conducting such analysis.
(c) Prior to commencement of a public-private project, the secretary shall advise and consult with the joint committee on state building construction concerning such project, including the budget for such project.
(d) Nothing in this act shall be construed to mean that a public-private partnership may be established for the purpose of developing, financing or construction of a privately operated correctional institution.
(e) The secretary may request approval for the issuance of bonds for a public-private project from 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 in accordance with K.S.A. 74-8905, and amendments thereto.
(f) The secretary shall submit to the house of representatives committee on corrections and juvenile justice and the senate committee on judiciary at the beginning of the regular session of the legislature in 2022 and annually thereafter a report of the following: Status of any public-private project entered into; funds raised for the education, skills-building and spiritual needs programs and services; buildings renovated or constructed for such programs or services; names of all education and skills-building program and service providers; brief description of the programs and services offered; number of inmates enrolled in an education or skills-building program or service; and graduation or completion outcomes of each education or skills-building program or service.
History: L. 2021, ch. 86, § 2; July 1.
(a) For any proposed public-private project, the secretary shall cause to be prepared a budget for the project.
(b) The budget shall reflect the source of the funds and set out with particularity the full cost of construction and acquisition of such project. The budget may, but is not required to, include operational costs of such project.
(c) The secretary shall include any department of corrections costs for such projects in budget estimates pursuant to K.S.A. 75-3717 and 75-3717b, and amendments thereto, and clearly indicate the portion to be paid by the state and the portion to be paid by private funds.
(d) The secretary 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 representatives of the department of corrections and department of administration. The purpose of the nonprofit corporation shall be to receive gifts, donations, grants and other moneys and engage in fundraising to fund new or renovated building projects for education, skills-building and spiritual needs programs at any correctional institution.
History: L. 2021, ch. 86, § 3; July 1.
(a) In any public-private partnership, the secretary shall ensure the private entity is qualified to carry out the project, including, but not limited to, ensuring that the private entity:
(1) Has available such lawful sources of funding, capital, securities or other financial resources as are necessary to carry out the project;
(2) possesses either through its staff, subcontractors, a consortium or joint venture agreement the managerial, organizational, technical capacity and experience in the type of project undertaken;
(3) is qualified to lawfully conduct business in Kansas;
(4) certifies that no director, officer, partner, owner or other individual with direct and significant control over the policy of the private entity has been convicted of corruption or fraud in any jurisdiction of the United States;
(5) maintains a policy of public liability insurance, a copy of which shall be provided to the secretary; and
(6) agrees to abide by all relevant local, state and federal laws, rules and regulations.
(b) In any public-private partnership, the secretary shall enter an agreement that reflects the roles, duties, responsibilities and commitments of all parties. The agreement shall include, but not be limited to:
(1) A clear statement: Of the purpose and scope of the project; of the roles and responsibilities of each party; that the private entity does not gain sovereign immunity by the agreement; and that each party bears liability and responsibility for the actions of such party's agents and employees;
(2) procedures that govern the rights and responsibilities of the public and private entities during the construction of the building and in the event of the termination of the agreement or a material default;
(3) a description of how the project will be carried out consistent with all standards binding on the state, department of corrections and correctional institution where the building is being constructed or renovated;
(4) a budget for the project that reflects source of funding and costs;
(5) a statement that upon completion, the buildings will be owned by the state; and
(6) a statement reflecting that maintenance and operations costs shall be the responsibility of the state after the building is completed.
History: L. 2021, ch. 86, § 4; July 1.
(a) This act does not waive the sovereign immunity of the State of Kansas.
(b) This act does not create sovereign immunity for any private entity entering a public-private partnership under this act.
History: L. 2021, ch. 86, § 5; July 1.
The secretary of corrections may, with the consent of the director of police training, designate an employee of the department other than a special agent, to attend the law enforcement training center or any training school certified pursuant to K.S.A. 74-5604a, and amendments thereto, or to attend courses provided by the training center or training schools. The employee and the department of corrections shall be provided a transcript of the courses successfully completed by the employee.
History: L. 2022, ch. 19, § 1; July 1.
(a) There is hereby created the Kansas department for children and families, the head of which shall be the secretary for children and families. The governor shall appoint the secretary for children and families, 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 Kansas department for children and families shall be administered under the direction and supervision of the secretary for children and families. The secretary for children and families shall receive an annual salary fixed by the governor.
(b) The provisions of the Kansas governmental operations accountability law apply to the Kansas department for children and families, and the department is subject to audit, review and evaluation under such law.
History: L. 1973, ch. 367, § 1; L. 1978, ch. 308, § 74; L. 1982, ch. 347, § 68; L. 1992, ch. 116, § 48; L. 2001, ch. 86, § 13; L. 2008, ch. 121, § 29; L. 2014, ch. 115, § 344; July 1.
History: L. 1973, ch. 367, § 2; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1973, ch. 367, § 3; L. 1973, ch. 368, § 1; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1973, ch. 367, § 4; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1980, ch. 362, § 1; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 2; L. 1980, ch. 272, § 7; L. 1982, ch. 347, § 69; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 3; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1973, ch. 367, § 5; L. 1973, ch. 368, § 2; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1973, ch. 367, § 6; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1980, ch. 362, § 7; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 8; L. 1980, ch. 272, § 9; L. 1982, ch. 347, § 70; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 9; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 10; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 11; L. 1980, ch. 272, § 10; L. 1982, ch. 347, § 71; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 12; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1973, ch. 367, § 7; L. 1973, ch. 368, § 3; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1973, ch. 367, § 8; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1980, ch. 362, § 4; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 5; L. 1980, ch. 272, § 8; L. 1982, ch. 347, § 72; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 6; Repealed, L. 1996, ch. 271, § 24; July 1.
Mental health and retardation services created by the provisions of K.S.A. 75-5308b is hereby abolished and all of the powers, duties and functions of such division are transferred to and conferred and imposed upon mental health and developmental disabilities established pursuant K.S.A. 75-5308e, and amendments thereto, under the supervision of the secretary for aging and disability services as part of the Kansas department for aging and disability services. The commissioner of mental health and retardation services created by K.S.A. 75-5308b is hereby abolished and all of the powers, duties and functions of such commissioner are transferred to and conferred and imposed upon the commissioner of mental health and developmental disabilities appointed pursuant to K.S.A. 75-5308e, and amendments thereto.
History: L. 1995, ch. 234, § 11; L. 2015, ch. 56, § 6; May 21.
There is hereby established, within and as a part of the Kansas department for aging and disability services and under the supervision of the secretary for aging and disability services, services for mental health and developmental disabilities, the head of which shall be the commissioner of community services and programs. Under the supervision of the secretary for aging and disability services, the commissioner of community services and programs shall administer services for mental health and developmental disabilities. The secretary for aging and disability services shall appoint the commissioner of community services and programs, and the commissioner shall serve at the pleasure of the secretary for aging and disability services. The commissioner of community services and programs shall be in the unclassified service of the Kansas civil service act and shall receive an annual salary fixed by the secretary for aging and disability services and approved by the governor.
History: L. 1995, ch. 234, § 12; L. 2014, ch. 115, § 345; July 1.
(a) All of the powers, duties and functions of the existing mental health and retardation services and the existing commissioner of mental health and retardation services are hereby transferred to and conferred and imposed upon the commissioner of mental health and developmental disabilities created by this order, except as is herein otherwise provided.
(b) The commissioner of mental health and developmental disabilities created by this order shall be the successor in every way to the powers, duties and functions of the commissioner of mental health and retardation services in which the same were vested prior to the effective date of this order, except as is herein otherwise provided. Every act performed under the authority of the commissioner of mental health and developmental disabilities created by this order shall be deemed to have the same force and effect as if performed by the commissioner of mental health and retardation services in which such functions were vested prior to the effective date of this order.
(c) Whenever the commissioner of mental health and retardation services, 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 commissioner of mental health and developmental disabilities created by this order.
(d) Whenever the mental health and retardation services, or words of like effect, is referred to or designated by law, contract or other document, such reference shall be deemed to apply to mental health and developmental disabilities created by this order.
(e) All orders or directives of the commissioner of mental health and retardation services or mental health and retardation services in existence on the effective date of this order shall continue to be effective and shall be deemed to be the orders or directives of the commissioner of mental health and developmental disabilities created by this order until revised, amended, repealed or nullified pursuant to law.
(f) The commissioner of mental health and developmental disabilities created by this order shall be a continuation of the commissioner of mental health and retardation provided to be appointed under K.S.A. 75-5308b.
History: L. 1995, ch. 234, § 13; January 1, 1996.
Except as otherwise provided in this order, or in K.S.A. 75-5310, and amendments thereto, the secretary for children and families shall appoint, subject to the Kansas civil service act, all subordinate officers and employees of the Kansas department for children and families, and all such subordinate officers and employees shall be within the classified service.
History: L. 1973, ch. 367, § 9; L. 1980, ch. 272, § 3; L. 2018, ch. 71, § 41; July 1.
(a) All employees of the Kansas department for aging and disability services in the coordinator of medical services job class, or any successor job class that may be approved under K.S.A. 75-2938, and amendments thereto, and has substantially the same duties and responsibilities, shall be in the unclassified service under the Kansas civil service act.
(b) (1) All persons appointed to provide attendant care services under the home and community based services program shall be in the unclassified service of the Kansas civil service act.
(2) Subject to available appropriations, the governor is authorized and directed to approve a salary plan for persons appointed to provide attendant care services under the secretary for aging and disability services. Such salary plan for persons appointed to provide attendant care services shall be subject to modification and approval by the governor and to any enactments of the legislature applicable thereto and shall be effective on a date or dates specified by the governor.
(3) As used in this subsection, the term "persons appointed to provide attendant care services" means persons appointed to perform attendant care services directed by or on behalf of an individual in need of in-home care, the term "home and community based services program" has the meaning ascribed thereto under K.S.A. 39-7,100, and amendments thereto, and the terms "attendant care services" and "individual in need of in-home care" have the meanings respectively ascribed thereto under K.S.A. 65-6201, and amendments thereto.
History: L. 1985, ch. 278, § 4; L. 1990, ch. 326, § 1; L. 2014, ch. 115, § 346; July 1.
The secretary for children and families may appoint a chief attorney and other attorneys for the Kansas department for children and families. The chief attorney shall serve at the pleasure of the secretary, shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary and approved by the governor. The secretary may also appoint staff assistants. Such staff assistants and attorneys other than the chief attorney shall be in the classified service under the Kansas civil service act. The secretary may appoint one public information officer, one personal secretary and one special assistant who shall serve at the pleasure of the secretary, shall be in the unclassified service under the Kansas civil service act and shall receive annual salaries fixed by the secretary and approved by the governor. The secretary may appoint a deputy secretary who shall serve at the pleasure of the secretary, be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary and approved by the governor.
The secretary may appoint commissioners and deputy commissioners as determined necessary by the secretary to effectively carry out the mission of the department. All commissioners and deputy commissioners shall serve at the pleasure of the secretary, shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary and approved by the governor. The secretary may also appoint a director for each of the department's management areas. Each area director shall serve at the pleasure of the secretary, be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary and approved by the governor. Nothing in this act shall affect the classified status of any person employed as a deputy commissioner or area director on the day immediately preceding the effective date of the act and the unclassified status shall apply only to persons appointed to such positions on or after the effective date of the act.
History: L. 1973, ch. 367, § 10; L. 1978, ch. 332, § 49; L. 1987, ch. 347, § 6; L. 1996, ch. 271, § 16; L. 2014, ch. 115, § 347; July 1.
The secretary for children and families is hereby authorized to contract for the services of persons to assist in the preparation of expert testimony for litigation and to act as expert witnesses in litigation. Any such contracts shall be exempt from the competitive bid requirements of K.S.A. 75-3739, and amendments thereto.
History: L. 1978, ch. 371, § 1; L. 2014, ch. 115, § 348; July 1.
History: L. 1973, ch. 367, §§ 11, 12; Repealed, L. 1980, ch. 272, § 13; July 1.
The secretary for children and families may create advisory committees and appoint the members thereof when the secretary determines that such advisory committees are needed for the efficient administration of the program and, when such advisory committees are approved by the governor. Such advisory committees shall consult with and advise the secretary with reference to the management, control and operation of institutions or programs under the jurisdiction of the department. Members of any advisory committee created under authority of this section 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, but shall receive no compensation for services as such members. The secretary is authorized to expend funds to provide space for holding meetings, including the cost of a meal, for the committee members not receiving subsistence allowances and may pay to or on behalf of any committee members who are clients of the agency child care or travel expenses occasioned by their attendance at the meeting.
History: L. 1973, ch. 367, § 13; L. 1974, ch. 348, § 98; L. 1975, ch. 460, § 1; L. 2014, ch. 115, § 349; July 1.
History: L. 1973, ch. 367, §§ 14, 15; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1973, ch. 367, § 16; Repealed, L. 1996, ch. 271, § 24; July 1.
(a) As used in this section and K.S.A. 75-5310, and amendments thereto, "secretary" means the secretary for children and families.
(b) Subject to the limitations of this section, the secretary for children and families may organize the Kansas department for children and families in the manner the secretary determines most efficient. Commission heads, division heads and employees of the Kansas department for children and families not within a particular commission or division shall perform such duties and exercise such powers as are prescribed by law and such other duties as the secretary may prescribe. Such commission heads, division heads and employees shall act for, and exercise the powers of, the secretary to the extent authority to do so is delegated by the secretary.
(c) Subject to the provisions of subsection (b), personnel of each commission and division of the Kansas department for children and families shall perform such duties and shall exercise such powers as the head of the commission or division may prescribe and shall perform such duties and shall exercise powers as are prescribed by law. Personnel of each commission and division shall act for, and exercise the powers of, their commission or division head to the extent the authority to do so is delegated by the commission or division head.
History: L. 1996, ch. 271, § 15; L. 2014, ch. 115, § 350; July 1.
History: L. 1973, ch. 367, § 18; Repealed, L. 1980, ch. 272, § 13; July 1.
History: L. 1973, ch. 367, § 19; Repealed, L. 1996, ch. 271, § 24; July 1.
Except as otherwise provided in this order, the secretary for children and families 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 department for children and families.
History: L. 1973, ch. 367, § 20; L. 2014, ch. 115, § 351; July 1.
The secretary for children and families shall keep a seal which shall be surrounded by the words "secretary for children and families of Kansas," which shall be of such diameter and with such device as the governor and the secretary for children and families may prescribe, an impression of which shall be filed in the office of secretary of state.
History: L. 1973, ch. 367, § 21; L. 2014, ch. 115, § 352; July 1.
The secretary for children and families shall adopt all general policies and rules and regulations relating to all forms of social and rehabilitation services which are administered or supervised by or under the Kansas department for children and families. The secretary for children and families may provide social service outreach services to the people of the state including educational and other activities designed to increase the individual's awareness and appropriate use of programs and services provided by the Kansas department for children and families.
History: L. 1973, ch. 367, § 22; L. 1989, ch. 184, § 2; L. 2014, ch. 115, § 353; July 1.
The secretary for children and families shall take necessary actions to transfer the administration of certain long-term care programs and services to the secretary for aging and disability services. The programs shall include the nursing facility services payment program, the home and community based services for the frail elderly waiver program, the case management for the frail elderly program and the income-eligible home care program. Excluding nursing facility programs, the programs to be transferred shall not include long-term care programs for individuals under the age of 65 with mental illness, intellectual disability, other mental disabilities or physical disabilities. All such transfers shall be made only in accordance with federal grant requirements related to such programs.
History: L. 1996, ch. 271, § 1; L. 2000, ch. 105, § 1; L. 2012, ch. 91, § 61; L. 2018, ch. 71, § 42; July 1.
History: L. 1974, ch. 362, § 1; L. 1980, ch. 272, § 4; Repealed, L. 1982, ch. 357, § 34; July 1.
History: L. 1974, ch. 362, § 2; L. 1982, ch. 357, § 29; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1974, ch. 362, § 3; L. 1982, ch. 357, § 30; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1974, ch. 362, § 4; L. 1975, ch. 462, § 123; Repealed, L. 1980, ch. 289, § 11; July 1.
The secretary for children and families shall make an annual report to the governor and to the legislature concerning the activities of the division during the preceding calendar year, together with any findings and recommendations relating to the needs of children and youth in the state.
History: L. 1974, ch. 362, § 5; L. 2014, ch. 115, § 354; July 1.
History: L. 1974, ch. 362, § 6; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 106, § 8; L. 1982, ch. 357, § 31; L. 1986, ch. 339, § 2; L. 1987, ch. 352, § 1; Repealed, L. 1992, ch. 313, § 16; September 1.
The secretary for children and families may procure a policy of accident, personal liability and excess automobile liability insurance insuring volunteers participating in the family foster care program against loss in accordance with specifications of department of administration guidelines. Such agency may purchase such policy of insurance independent of the committee on surety bonds and insurance without complying with K.S.A. 75-3738 to 75-3744, inclusive, and amendments thereto.
History: L. 1990, ch. 281, § 1; L. 2014, ch. 115, § 355; July 1.
History: L. 1980, ch. 362, § 13; L. 1980, ch. 272, § 11; L. 1982, ch. 347, § 73; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1980, ch. 362, § 14; Repealed, L. 1996, ch. 271, § 24; July 1.
Effective July 1, 1980, officers and employees who were engaged immediately prior to said date in the performance of powers, duties, and functions of any existing division of the department of social and rehabilitation services which is transferred by this order [*], and who, in the opinion of the secretary of social and rehabilitation services, are necessary to perform the powers, duties, and functions of the department of social and rehabilitation services, or of any service, division, section, or other unit thereof shall remain officers and employees of the department of social and rehabilitation services, and shall retain all retirement benefits and all rights of civil service which such officer or employee had before July 1, 1980, 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. This section shall not apply to members of boards, commissions and councils.
History: L. 1980, ch. 362, § 15; July 1.
History: L. 1980, ch. 362, § 16; L. 1980, ch. 272, § 12; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1982, ch. 474, § 1; L. 1982, ch. 357, § 1; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1982, ch. 474, § 2; L. 1982, ch. 357, § 2; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1982, ch. 357, § 3; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1982, ch. 357, § 4; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1982, ch. 474, § 3; L. 1982, ch. 357, § 5; Repealed, L. 1996, ch. 271, § 24; July 1.
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 services or division of the department of social and rehabilitation services which is transferred or abolished by this act, and who, in the opinion of the secretary of social and rehabilitation services, are necessary to perform the powers, duties and functions of the department of social and rehabilitation services, or of any service, division, section or other unit thereof shall remain officers and employees of the department of social and rehabilitation services, 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. 1982, ch. 474, § 4; L. 1982, ch. 357, § 6; July 1.
History: L. 1982, ch. 474, § 5; L. 1982, ch. 357, § 7; Repealed, L. 1996, ch. 271, § 24; July 1.
History: L. 1986, ch. 297, § 1; Repealed, L. 1990, ch. 327, § 6; May 17.
History: L. 1985, ch. 26, §§ 3, 2; Repealed, L. 1992, ch. 146, § 28; July 1.
(a) There is hereby established in the state treasury the self-sufficiency trust fund.
(b) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the self-sufficiency trust fund interest earnings based on:
(1) The average daily balance of moneys in the self-sufficiency trust fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(c) The secretary for aging and disability services may accept moneys from a self-sufficiency trust for deposit in the self-sufficiency trust fund pursuant to an agreement with the trust naming one or more beneficiaries who are developmentally disabled individuals or individuals otherwise eligible for services from the Kansas department for aging and disability services residing in this state and specifying the care, support or treatment to be provided for such individuals. The secretary for aging and disability services shall maintain a separate account in the trust fund for each named beneficiary. The moneys in each such account shall be expended by the secretary, in accordance with rules and regulations of the secretary, only to provide care, support and treatment for the named beneficiaries in accordance with the terms of the agreement. Interest earned on moneys in the trust fund and transferred to the trust fund under subsection (b) shall be prorated in accordance with procedures approved by the director of accounts and reports and credited monthly to each such account.
(d) If the secretary determines that the moneys in the account of a named beneficiary cannot be used for the care, support or treatment of that beneficiary in a manner consistent with the rules and regulations of the secretary and the agreement, or upon the request of the self-sufficiency trust, the remaining moneys in such account, together with any accumulated interest thereon, shall be promptly paid to the self-sufficiency trust which deposited such moneys in the trust fund.
(e) The secretary shall adopt rules and regulations and procedures as may be necessary or useful for the administration of the trust fund. All payments and disbursements from the trust fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person designated by the secretary. The receipt by a beneficiary of money from the trust fund, or of care, treatment or support provided with such money, shall not in any way reduce, impair or diminish the benefits to which such beneficiary is otherwise entitled by law.
(f) As used in this section:
(1) "Secretary" means the secretary for aging and disability services.
(2) "Self-sufficiency trust" means a trust created by a not-for-profit corporation which is a 501(c)(3) organization under the federal internal revenue code of 1986 and which was organized for the purpose of providing for the care, support or treatment of one or more developmentally disabled individuals or individuals otherwise eligible for services from the Kansas department for aging and disability services.
(3) "Trust fund" means the self-sufficiency trust fund established under this section.
History: L. 1989, ch. 253, § 1; L. 1996, ch. 253, § 32; L. 2014, ch. 115, § 356; July 1.
There is hereby established in the state treasury the special fund for the developmentally disabled which shall be administered by the secretary for aging and disability services. The secretary for aging and disability services may accept money from any source for deposit in the special fund for the developmentally disabled. All moneys in the special fund for the developmentally disabled shall be used for the purposes of providing for the care and treatment of low-income persons who are developmentally disabled, mentally ill or physically handicapped or low-income persons otherwise eligible for assistance or services provided by the Kansas department for aging and disability services. All expenditures from the special fund for the developmentally disabled shall be in accordance with the provisions of appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for aging and disability services or by the secretary's designee.
History: L. 1989, ch. 253, § 2; L. 2014, ch. 115, § 357; July 1.
The positions of persons who are employed at the industries for the blind workshop of the Kansas department for children and families in Topeka, Kansas, and who are not employed in positions within the classified service under the Kansas civil service act, shall be within the unclassified service under such act.
History: L. 1990, ch. 295, § 1; L. 2014, ch. 115, § 358; July 1.
Revisor's Note: Sections transferred to 65-6301 through 65-6318.
History: L. 1994, ch. 265, § 20; Repealed, L. 2015, ch. 42, § 20; July 1.
The secretary for children and families services [*] may enter into contracts with one or more public or private entities for the performance of any or all support enforcement services that the secretary is required to provide under part D of title IV of the federal social security act, 42 U.S.C. § 651 et seq. Such contracts shall be based on competitive bids in accordance with the statutes governing state agency contracts.
History: L. 1994, ch. 265, § 21; L. 2014, ch. 115, § 359; July 1.
(a) The secretary for children and families is authorized to enter into an agreement with any entity that engages in the business of matching information about child support debtors against information about insurance claimants. Any such agreement shall be subject to the provisions of K.S.A. 39-759, and amendments thereto, concerning confidential information. If the entity is a consortium or similar joint venture of two or more states, or if the entity is an agency of the United States, the requirements of K.S.A. 75-5365, and amendments thereto, shall not apply.
(b) Pursuant to an agreement made under subsection (a), the secretary for children and families may disclose information about any individual who owes past due support in a title IV-D case if the support debtor owes at least $25 in past due support. "Title IV-D" means part D of title IV of the federal social security act, 42 U.S.C. § 651 et seq.
(c) To the extent feasible, the secretary for children and families shall require or provide secure electronic processes for disclosing information about support debtors to any entity conducting matches pursuant to this section and for any insurers disclosing information about claimants to such an entity.
(d) The secretary for children and families shall have the authority to adopt such rules and regulations as may be necessary to administer the provisions of this act.
History: L. 2008, ch. 136, § 1; L. 2014, ch. 115, § 360; July 1.
(a) As used in K.S.A. 75-5366 and 75-5367, and amendments thereto:
(1) "Insurer" means any entity regulated under chapter 40 of the Kansas Statutes Annotated, and amendments thereto, that provides coverage for liability insurance.
(2) "Claimant" means any individual who has submitted a claim for payment under a liability insurance contract.
(b) An insurer shall be required to comply with the provisions of this section only after the secretary for children and families has entered into an agreement pursuant to K.S.A. 75-5366, and amendments thereto. The secretary for children and families shall make available to insurers information about the data matching process, including instructions for disclosing claimant information.
(c) (1) An insurer shall have the option of receiving request for information about an identified claimant from either the secretary for children and families or from the entity responsible for the data matching pursuant to K.S.A. 75-5366, and amendments thereto.
(2) An insurer shall respond by disclosing the requested information about the claimant only if the amount of the claim totals $1,000 or more.
(d) A disclosure required pursuant to subsection (c) shall be made as soon as reasonably possible after the first submission of the claim.
(e) An insurer, including any agent of the insurer, shall not be liable under any state law to any person for any disclosure required or authorized by this section, or for any other action taken in good faith in accordance with this section.
(f) At the insurer's discretion, an insurer may disclose information as provided in this section about a claimant whose aggregate claim is less than $1,000.
(g) Nothing in K.S.A. 75-5366 or 75-5367, and amendments thereto, shall require an insurer to make any payment that is not otherwise required under the contract of insurance. An insurer shall not be assessed any fee by the secretary for children and families or by any entity that has entered into an agreement pursuant to K.S.A. 75-5366, and amendments thereto.
History: L. 2008, ch. 136, § 2; L. 2014, ch. 115, § 361; July 1.
The secretary for children and families is hereby authorized in cooperation with the Kansas dental association and the national foundation of dentistry for the handicapped to establish a donated dental services program. The donated dental services program shall provide through volunteers who are licensed dentists comprehensive dental care without charge to needy, disabled, aged and medically-compromised individuals. Volunteer licensed dentists will provide treatment under the donated dental services program in their respective offices or at the location at which the participating dentist agrees to provide the service. Patients will be treated under the program based upon arrangements as to the number of patients and the types of cases the participating volunteer dentists are willing to undertake. The secretary for children and families may adopt rules and regulations as necessary for the administration of this program.
History: L. 1996, ch. 210, § 5; L. 2014, ch. 115, § 362; July 1.
History: L. 1986, ch. 311, §§ 1 to 3; Repealed, L. 1992, ch. 129, § 5; July 1.
The secretary for aging and disability services is hereby authorized and directed:
(a) To coordinate the total drug abuse treatment and prevention effort within the state of Kansas;
(b) to plan for, develop, implement and utilize objective devices and methodologies for the evaluation of all drug abuse treatment and prevention functions within this state;
(c) to pass on and coordinate the delivery of all funding applications, from whatever source, to state agencies, local units of government and private agencies, with regard to drug abuse treatment and prevention functions;
(d) to require such information and reports as may reasonably be necessary from state agencies, local units of government and private agencies for planning, management, coordination and evaluation and for carrying out the provisions of this act;
(e) to receive, administer and expend all federal and other financial assistance in the form of grants, contracts or otherwise, including cost reimbursement and similar contracts administered by the secretary for local programs or local units of government, which is or may become available to the state for furthering the purposes of this act, and the secretary may take such action as may be necessary to enable the state to meet any requirement set forth in federal laws or regulations in effect on the effective date of this act for obtaining federal financial assistance for drug abuse, prevention, treatment or rehabilitation;
(f) to prepare and administer, or supervise the preparation and administration of a comprehensive state plan for planning, establishing, conducting and coordinating projects and efforts for the development of more effective drug abuse treatment and prevention functions in the state;
(g) to cooperate with local authorities in conducting, maintaining and distributing detailed surveys of state and local problems and needs for drug abuse treatment and prevention and periodically advise the governor, legislature and local officials and citizens relative to such problems and needs;
(h) to establish a state clearinghouse for drug abuse information to serve the educational, informational and research needs of the state;
(i) to establish a centralized drug abuse data collection, dissemination and management information system for all drug abuse treatment and prevention functions;
(j) to devise policies and procedures to foster greater cooperation and interaction among organizations, agencies and other bodies, public and private, engaged in drug abuse treatment and prevention;
(k) to cooperate with all drug abuse education and training programs conducted within the state through cooperation with state and local boards of education, schools and other public and private agencies in establishing education programs for the prevention of drug abuse and for training in the treatment of drug involved individuals;
(l) to review annually and update the state plan for drug abuse treatment and prevention in such a manner as to maximize citizen involvement in the reviewing and updating process;
(m) to report annually to the governor and the legislature concerning activities under this act for the past year;
(n) to cooperate with federal, state and local criminal justice systems in the development of improved methods of treating and rehabilitating drug offenders;
(o) to foster, encourage and assist in the development of local and regional plans and programs for improving local and regional treatment and prevention capabilities and insure that such local and regional efforts impact on the overall state planning effort;
(p) to foster, encourage and assist in the development of scientific and operational research efforts designed to further define the nature and causes of drug misuse, drug abuse and drug addiction and to improve treatment and prevention methods and capabilities in these areas;
(q) to assist in the development of programs within business, industry and agriculture designed to reduce the problem of drug abuse and the costs of crime related thereto;
(r) to foster, encourage and assist in the development of programs designed to reduce the misuse and abuse of drugs;
(s) to adopt rules or regulations to carry out the provisions of this act.
History: L. 1975, ch. 424, § 1; L. 2014, ch. 115, § 363; July 1.
For the purposes of this act and within the limits of appropriations and resources available therefor, all agencies and officers of the state and political subdivisions thereof shall cooperate fully with the secretary for aging and disability services.
History: L. 1975, ch. 424, § 2; L. 2014, ch. 115, § 364; July 1.
History: L. 1975, ch. 424, § 3; L. 1978, ch. 256, § 6; Repealed, L. 1981, ch. 353, § 11; July 1.
The secretary may employ personnel necessary to carry out the purposes of this act. All such employed personnel shall be included in the classified service under the Kansas civil service act.
History: L. 1975, ch. 424, § 4; July 1.
History: L. 1975, ch. 424, §§ 5, 6; Repealed, L. 1978, ch. 256, § 7; July 1.
The Kansas citizens' committee on alcohol and other drug abuse is hereby established and shall be within the Kansas department for aging and disability services as a part thereof.
History: L. 1981, ch. 353, § 1; L. 2014, ch. 115, § 365; July 1.
It shall be the duty of the Kansas citizens' committee on alcohol and other drug abuse to confer, advise and consult with the commissioner of alcohol and drug abuse services, on behalf of the secretary for aging and disability services, with respect to the powers, duties and functions imposed upon the secretary under K.S.A. 65-4006, 65-4007 and 75-5375, and amendments thereto.
History: L. 1981, ch. 353, § 2; L. 2014, ch. 115, § 366; July 1.
(a) The Kansas citizens' committee on alcohol and other drug abuse shall be composed of 24 members appointed by the secretary for aging and disability services.
(b) In making appointments to the first committee, the secretary shall appoint ½ of the members to one-year terms and ½ of the members to two-year terms. Members first appointed to the committee shall serve for their appointed terms and until the appointment and qualification of their successors.
(c) On the expiration of any member's term of office, the secretary shall appoint a successor who shall serve for a term of two years and until such member's successor has been appointed and qualified. Any vacancy in the membership of the committee which occurs before the expiration of any member's term of office shall be filled by appointment by the secretary for the unexpired term.
History: L. 1981, ch. 353, § 3; L. 2014, ch. 115, § 367; July 1.
(a) The secretary shall appoint members so that the Kansas citizens' committee on alcohol and other drug abuse will broadly represent groups interested in the problems of abuse of alcohol and drugs. The secretary shall appoint members representing both governmental and nongovernmental organizations in the field and shall provide for representation of providers and consumers from both the alcohol and drug field, consumer advocates and other interested groups and shall provide for equitable representation of geographic areas within the state.
(b) (1) "Provider" means any private or public treatment facility or any person or institution licensed or authorized to give care or treatment to anyone seeking its services for alcohol or other drug abuse.
(2) "Consumer" means any person receiving the services of a provider.
(3) "Consumer advocate" means any interested group or person promoting the treatment and prevention of alcohol or other drug abuse or any self-help group.
History: L. 1981, ch. 353, § 4; L. 1982, ch. 268, § 2; July 1.
Members of the Kansas citizens' committee on alcohol and other drug abuse attending meetings of the committee, or attending a subcommittee meeting thereof authorized by the committee, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223.
History: L. 1981, ch. 353, § 5; July 1.
(a) The Kansas citizens' committee on alcohol and other drug abuse shall organize at its first meeting after this law takes effect and thereafter at the first meeting held in each calendar year by electing one of its members as chairperson, one as chairperson-elect and one as recorder.
(b) The Kansas citizens' committee on alcohol and other drug abuse shall keep records and minutes of its business and official actions, which shall be filed with the secretary for aging and disability services and be open to public inspection. The secretary shall provide to the committee all necessary clerical services.
The committee shall meet at least quarterly and special meetings of the committee may be called by the chairperson of the committee or by the secretary for aging and disability services.
(c) The committee may adopt such bylaws, which are not in conflict with the provisions of this act, as may be necessary or desirable to regulate its procedures and actions.
History: L. 1981, ch. 353, § 6; L. 2014, ch. 115, § 368; July 1.
The Kansas citizens' committee on alcohol abuse and alcoholism established by K.S.A. 65-4004 and the Kansas citizens' committee on drug abuse established by K.S.A. 75-5377 in effect immediately prior to the effective date of this act are hereby abolished, and the Kansas citizens' committee on alcohol and drug abuse established by this act shall be the successor to all powers and duties thereof.
History: L. 1981, ch. 353, § 7; July 1.
History: L. 1982, ch. 309, § 1; L. 1986, ch. 341, § 2; Repealed, L. 1995, ch. 259, § 12; May 25.
History: L. 1982, ch. 309, § 2; L. 1986, ch. 341, § 3; L. 1990, ch. 150, § 10; Repealed, L. 1995, ch. 259, § 12; May 25.
History: L. 1982, ch. 309, § 3; L. 1984, ch. 333, § 1; L. 1986, ch. 341, § 1; L. 1990, ch. 149, § 13; Repealed, L. 1995, ch. 259, § 12; May 25.
History: L. 1986, ch. 341, § 4; Repealed, L. 1995, ch. 259, § 12; May 25.
(a) There is hereby established within the Kansas department for children and families the Kansas commission for the deaf and hard of hearing. The commission shall:
(1) Advocate services affecting the deaf and hard of hearing in the areas of public services, health care, educational, vocational and employment opportunity;
(2) act as a bureau of information for the deaf and hard of hearing to state agencies and public institutions providing general health and mental health care, employment, vocational, and educational services, and to local agencies and programs;
(3) collect facts and statistics and other special studies of conditions affecting the health and welfare of the deaf and hard of hearing in this state;
(4) provide for a mutual exchange of ideas and information on the national, state and local levels;
(5) provide public education:
(A) Regarding best practices in language acquisition development in deaf and hard of hearing children and aural rehabilitation options; and
(B) to promote the eradication of ignorance and discrimination toward deaf and hard of hearing people in schools and employment;
(6) encourage and assist local governments in the development of programs for the deaf and hard of hearing;
(7) cooperate with public and private agencies and units of local, state and federal governments in promoting coordination in programs for the deaf and hard of hearing;
(8) provide for the social, emotional, educational and vocational needs of the deaf and hard of hearing and their families;
(9) serve as an advisory board to the governor and legislature on the needs of the deaf and hard of hearing by preparing an annual report that reviews the status of all state services to the deaf and hard of hearing within Kansas, and to recommend priorities for the development and coordination of services to the deaf and hard of hearing; and
(10) make recommendations for needed improvements, and serve as an advisory board in regard to new legislation affecting the deaf and hard of hearing.
(b) The commission may:
(1) Develop and oversee programs concerning interpreters, interpreter service agencies, and communication access services;
(2) become a member of or affiliate with any professional organization related to the powers, duties and functions of the commission; and
(3) undertake any and all other acts as may be necessary for the performance of the commission's powers, duties and functions in the administration of K.S.A. 75-4355a through 75-4355d, and amendments thereto, and K.S.A. 2025 Supp. 75-5393a through 75-5393d and 75-5397f, and amendments thereto.
(c) Except as otherwise provided by this act, all budgeting, purchasing and related management functions of the Kansas commission for the deaf and hard of hearing shall be administered by the secretary for children and families. Within the limitations of available appropriations, the secretary for children and families shall provide additional clerical and other assistance as may be required for the commission. The executive director shall report directly to the deputy secretary or secretary for administrative purposes only.
History: L. 1982, ch. 308, § 1; L. 1984, ch. 334, § 2; L. 1992, ch. 162, § 1; L. 2014, ch. 115, § 369; L. 2022, ch. 75, § 13; L. 2022, ch. 88, § 3; July 1.
(a) The Kansas commission for the deaf and hard of hearing shall consist of 17 members who shall be responsible for the policies and management of the commission. The membership shall consist of the following:
(1) Five ex officio members, the administrative head, or a designee, of (A) vocational rehabilitation services, (B) social services, (C) the department of health and environment, (D) the state board of education, and (E) the state school for the deaf.
(2) Twelve members appointed by the governor as follows: Six members who are deaf or hard of hearing persons, one of whom shall be representative of the Kansas association of the deaf; one member who is a speech language pathologist; one member from the state registry of interpreters for the deaf; one member who is a psychologist, nurse, teacher, rehabilitation counselor or social worker serving the deaf or hard of hearing; one member who is not deaf or hard of hearing and who is the parent of a deaf or hard of hearing person; one member who is a clinical audiologist; and one member who is a board-certified otolaryngologist.
(b) The members who were appointed by the governor and who are serving on the commission on the effective date of this act shall be reappointed as members of the commission on the effective date of this act in accordance with the following: Four members for a term of one year, four members for a term of two years, and four members for a term of three years, as designated by the governor. Thereafter members appointed by the governor shall serve on the commission for terms of three years and until their successors are appointed and qualified. In filling vacancies in the membership of the commission, the governor shall give preference to deaf or hard of hearing persons qualified to fill such vacancies. Upon a vacancy in an appointive position in the membership of the commission, the commission itself and the Kansas association of the deaf may each submit to the governor a list of deaf or hard of hearing persons deemed qualified to fill such vacancy, and the governor may fill such vacancy from among the persons on such lists.
(c) Any appointive position in the membership of the commission which becomes vacant prior to the expiration of a full term shall be filled only for the period of the unexpired term.
(d) The members of the commission shall elect a chairperson annually. The commission shall meet at the call of the chairperson, but no less than four times a year. The members shall elect other officers as deemed necessary, set duties of officers, and set procedures for conducting their meetings for the purposes designated in this act. A simple majority of the membership of the commission shall constitute a quorum.
(e) Members of the commission shall receive no compensation for their services. Ex officio members of the commission shall receive travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212, and amendments thereto, which shall be paid by the respective departments of such members. Appointed members of the commission shall receive travel expenses and subsistence expenses or allowances for attendance at meetings of the commission authorized by the chairperson or the commission as provided in K.S.A. 75-3212, and amendments thereto.
History: L. 1982, ch. 308, § 2; L. 1984, ch. 334, § 3; L. 1988, ch. 351, § 1; L. 1989, ch. 277, § 1; L. 1992, ch. 162, § 2; April 30.
(a) The Kansas commission for the deaf and hard of hearing shall employ an executive director and shall fix the duties, responsibilities and qualifications thereof. The executive director shall be a full-time employee of the commission who shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary to be fixed by the commission, and such salary shall be comparable to the salaries of executive directors of other commissions. The executive director shall receive actual and necessary expenses incurred while in the discharge of official duties.
(b) The executive director, with the advice and consent of the commission shall:
(1) Within the limitations of available appropriations, plan and oversee the establishment of service centers for the deaf and hard of hearing in areas where the commission deems they are needed and in concurrence with the secretary for children and families and in consultation with local boards of directors of community service centers and local groups promoting or providing services to the deaf or hard of hearing, or both;
(2) promote accessibility of all governmental services to deaf and hard of hearing citizens in Kansas including those deaf and hard of hearing persons with multiple disabilities;
(3) identify agencies, both public and private that provide community services, evaluate the extent to which they make services available to deaf and hard of hearing people and their families, and cooperate with the agencies in coordinating and extending these services;
(4) provide for the mutual exchange of ideas and information on services for deaf and hard of hearing people between federal, state and local governmental agencies and private organizations and individuals;
(5) survey the needs of the deaf and hard of hearing population in Kansas and assist the commission in the preparation of its report to the governor;
(6) maintain a listing of persons qualified in various types of interpreting and communication access services for the deaf and make this information available to local, state, federal and private organizations and to individuals;
(7) promote the training of interpreters for the deaf and hard of hearing;
(8) serve as an advocate for the rights of deaf and hard of hearing people and perform such other duties as may be required by law;
(9) provide interpreter services for the deaf and hard of hearing to be funded from fees collected pursuant to K.S.A. 75-5397a, and amendments thereto;
(10) provide a telecommunication message relay service for the deaf and hard of hearing;
(11) provide for a program of registration of interpreters;
(12) provide for a program of statewide coordination for communication access services and service providers; and
(13) employ such persons as may be needed from time to time, in the judgment of the executive director, to carry out the director's responsibilities under paragraphs (9), (10), (11) and (12). Such employees shall be in the unclassified civil service and shall receive an annual salary to be fixed by the commission.
(c) In selecting an executive director, the commission shall select an individual who is fluent in the American sign language of the deaf and shall give consideration and priority to qualified applicants who are deaf or hard of hearing. The commission shall supervise and evaluate the executive director.
History: L. 1982, ch. 308, § 3; L. 1984, ch. 334, § 4; L. 1992, ch. 205, § 3; L. 2014, ch. 115, § 370; L. 2022, ch. 50, § 11; July 1.
(a) A person seeking to interpret under K.S.A. 75-4355a through 75-4355d, and amendments thereto, and K.S.A. 2025 Supp. 75-5393a through 75-5393d and 75-5397f, and amendments thereto, or to comply with any state or federal law or rules and regulations shall obtain registration in accordance with this section.
(b) To obtain registration as an interpreter, an applicant shall submit an application on a form and in a manner prescribed by the commission and shall pay the registration fee determined by the commission in rules and regulations. The commission may grant registration to any person who:
(1) Has obtained a high school diploma or its equivalent;
(2) is 18 years of age or older;
(3) has no other record of disqualifying conduct as determined by the commission; and
(4) has obtained a certification or other appropriate credentials as determined by the commission.
(c) (1) The commission may grant registration as an interpreter to an applicant who has been duly licensed or registered as an interpreter by examination under the laws of another state, territory or the District of Columbia if, in the opinion of the commission, the applicant substantially meets the qualifications for registration as an interpreter in this state. The applicant shall provide satisfactory evidence of verification of the applicant's licensure or registration from the original state of licensure or registration.
(2) The commission may grant temporary registration to a nonresident interpreter who holds a certificate or license in such interpreter's state of residence. An interpreter granted a temporary registration shall not interpret more than 20 separate days in a year in this state.
(d) (1) Registrations issued under this section shall expire on the date established by rules and regulations of the commission unless revoked prior to that time. The commission shall send a notice for renewal of registration to every interpreter at least 60 calendar days prior to the expiration date of such person's registration.
(2) (A) A registered interpreter shall have a grace period of 30 calendar days after a registration has expired to renew such registration without a late fee. The commission may charge a late fee for any renewal application received after such grace period. The commission shall determine the amount of the late fee in rules and regulations, but such fee shall not exceed $200.
(B) An interpreter whose registration has expired after failing to submit a renewal application may renew registration upon payment of the late fee and submission of satisfactory evidence of completion of continuing education requirements established by the commission. For renewals of expired registrations, the commission may require additional testing, training or education to establish the interpreter's present ability to perform the functions and responsibilities of an interpreter.
(3) An interpreter, as a condition for renewal of a registration, shall attend not less than 30 hours of continuing education programming within a two-year period. Upon receipt of such application, payment of fee and evidence of satisfactory completion of the required continuing education, the commission shall verify the accuracy of the application and grant renewal of the registration.
(e) (1) The commission may require an applicant for registration as an interpreter to be fingerprinted and to submit to a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(2) The commission may fix and collect a fee for fingerprinting and conducting a state and national criminal history record check of applicants or registrants as may be required by the commission in an amount equal to the cost of fingerprinting and the criminal history record check.
(f) The commission may refuse to issue, renew or reinstate a registration, may condition, limit, revoke or suspend the registration of any individual if the applicant or registrant:
(1) Has been found incompetent or negligent in the practice of interpreting;
(2) has been convicted of a felony offense or a misdemeanor against persons and has not demonstrated to the commission's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(3) submits an application that contains false, misleading or incomplete information;
(4) fails or refuses to provide any information requested by the commission;
(5) fails or refuses to pay the required fees;
(6) 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 registrant has not demonstrated to the commission's satisfaction that such person has been sufficiently rehabilitated to merit the public trust; or
(7) has had a license, registration or certificate to practice as an interpreter revoked, suspended or limited, or has been the subject of other disciplinary action, or an application for a license, registration or certificate denied, by the proper regulatory authority of another state, territory, District of Columbia, or other country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof.
(g) Administrative proceedings and disciplinary actions regarding interpreter registration under K.S.A. 2025 Supp. 75-5393a through 75-5393c, and amendments thereto, shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under K.S.A. 2025 Supp. 75-5393a through 75-5393c, and amendments thereto, shall be in accordance with the Kansas judicial review act.
(h) The executive director of the commission shall adopt rules and regulations to effectuate the provisions of this section. Such rules and regulations may include, but not be limited to:
(1) Fees, including, but not limited to, registration fees and late fees, that are necessary to fund the expenses and operating costs incurred in the administration and enforcement of this section;
(2) categories of interpreter certification and interpreter endorsements, including necessary credentials or qualifications;
(3) continuing education requirements and programs for registered interpreters;
(4) a code of professional conduct;
(5) a supervision and mentorship requirements and programs for interpreters with provisional registration;
(6) suspension or revocation of interpreter registration; and
(7) any other matter deemed necessary by the executive director to implement and administer this section.
History: L. 2022, ch. 50, § 1; L. 2024, ch. 15, § 98; July 1.
(a) Except as provided in subsection (c), it shall be unlawful for any person who is not registered with the commission, or whose registration has been suspended or revoked, to:
(1) Practice as an interpreter;
(2) hold out to the public the intention, authority or skill to interpret;
(3) provide video remote interpreting services; or
(4) use any title or abbreviation to indicate the person is an interpreter registered with the commission.
(b) Except as provided in subsection (c), it shall be unlawful to:
(1) Cause or permit a person to interpret in Kansas, either in-person or remotely, with knowledge that such person is not a registered interpreter;
(2) represent that a person is a registered interpreter, when the entity knows or reasonably should know that such person is not a registered interpreter;
(3) hold out to the public, on behalf of a person, the intention, skill or authority to interpret, when the entity knows or reasonably should know that such person is not a registered interpreter; or
(4) accept payment for securing an interpreter under the provisions of K.S.A. 75-4355a through 75-4355d, and amendments thereto, when the person provided by the entity to interpret is not a registered interpreter.
(c) This section shall not apply to a person:
(1) Interpreting during a religious event;
(2) interpreting as a volunteer without compensation after receiving approval from the commission or the executive director;
(3) interpreting during an emergency, until the services of a registered interpreter can be obtained; or
(4) a student who is enrolled in and pursuing a degree or credential in interpreting or an interpreter training program or a provisional interpreter with a supervision plan overseen by the commission, while such student or provisional interpreter is under the supervision of a registered interpreter.
(d) When it appears to the commission that any person or entity is violating this section, the commission may bring an action in the name of the state of Kansas in a court of competent jurisdiction for an injunction against such violation without regard to whether proceedings have been or may be instituted before the commission or whether criminal proceedings have been or may be instituted.
History: L. 2022, ch. 50, § 2; July 1.
(a) The commission shall develop and administer a program to provide guidelines for the utilitization of communication access services, communication access service providers and interpreter service agencies. The executive director of the commission may adopt rules and regulations to effectuate the provisions of this section. Such rules and regulations may include, but not be limited to:
(1) Fees necessary to fund the expenses and operating costs incurred in the administration and enforcement of this section;
(2) determination of the qualifications of communication access service providers;
(3) minimum standards of training of communication access service providers;
(4) registration of communication access service providers and interpreter service agencies;
(5) a code of professional conduct governing communication access service providers;
(6) standards for equipment or technology supporting communication access services;
(7) a system of statewide coordination of communication access services; and
(8) any other matter that the executive director deems necessary to effectuate the provisions of this section.
(b) (1) The commission may require communication access service providers to be fingerprinted and to submit to a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(2) The commission may fix and collect a fee for fingerprinting and conducting a state and national criminal history record check of individuals pursuant to this section as may be required by the commission in an amount equal to the cost of fingerprinting and the criminal history record check.
History: L. 2022, ch. 50, § 3; L. 2024, ch. 15, § 99; July 1.
(a) The commission shall remit all moneys received from fees, charges or penalties under K.S.A. 2025 Supp. 75-5393a through 75-5393c, 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 into the state treasury to the credit of the Kansas commission for the deaf and hard of hearing registration fee fund.
(b) There is hereby created in the state treasury the commission for deaf and hard of hearing registration fee fund. All moneys credited to the fund shall be used to carry out the powers, duties and functions of the commission. The fund shall be administered by the Kansas commission for the deaf and hard of hearing. 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 of the commission or the executive director's designee.
History: L. 2022, ch. 50, § 4; July 1.
The commission for the deaf and hard of hearing may request and shall receive from any department, division, board, bureau, commission, agency of the state or of any political subdivision thereof, such data as might be needed to enable it to properly carry out its activities under this act. Avoidance of unnecessary duplication of state-delivered services to the deaf and hard of hearing shall be the primary objective of such cooperation.
History: L. 1982, ch. 308, § 4; L. 1984, ch. 334, § 5; L. 1992, ch. 162, § 4; April 30.
The Kansas commission for the deaf and hard of hearing may make arrangements with other state agencies, and may contract with other individuals, organizations, corporations, associations other legal entities, including private agencies, or any department or agency of the federal government, state or any political subdivision of the state, to carry out the purposes of the commission.
History: L. 1982, ch. 308, § 5; L. 1984, ch. 334, § 6; L. 1992, ch. 162, § 5; April 30.
The Kansas commission for the deaf and hard of hearing is authorized to receive moneys from any source, including federal funds, gifts, grants and bequests which shall be expended for the purposes designated in this act.
History: L. 1982, ch. 308, § 6; L. 1984, ch. 334, § 7; L. 1992, ch. 162, § 6; April 30.
The governor is authorized to designate existing departments of state government, or division thereof, to provide statewide services to the deaf and hard of hearing as specified in this act.
History: L. 1982, ch. 308, § 7; L. 1984, ch. 334, § 8; L. 1992, ch. 162, § 7; April 30.
(a) The Kansas commission for the deaf and hard of hearing may fix, charge and collect reasonable fees for providing interpreter services, interpreter registration, communication access services and sign language instruction.
(b) The secretary for children and families shall remit all moneys received by the commission for providing interpreter services, communication access services and sign language instruction 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 department for children and families enterprise fund.
History: L. 1984, ch. 334, § 9; L. 1992, ch. 205, § 8; L. 1995, ch. 219, § 15; L. 2001, ch. 5, § 401; L. 2014, ch. 115, § 371; L. 2022, ch. 50, § 12; July 1.
(a) The Kansas commission for the deaf and hard of hearing established by this act shall be the successor in every way to the powers, duties and functions of the Kansas commission for the deaf and hearing impaired in which the same were vested prior to the effective date of this act.
(b) Whenever the Kansas commission for the deaf and hearing impaired, 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 Kansas commission for the deaf and hard of hearing.
(c) All orders or directives of the Kansas commission for the deaf and hearing impaired in existence on the effective date of this act shall continue to be effective and shall be deemed to be the orders or directives of the Kansas commission for the deaf and hard of hearing until revised, amended, repealed or nullified pursuant to law.
(d) The Kansas commission for the deaf and hard of hearing shall be a continuation of the Kansas commission for the deaf and hearing impaired.
History: L. 1984, ch. 334, § 10; L. 1992, ch. 162, § 9; April 30.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced by or against the Kansas commission for the deaf and hearing impaired, 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 successor of 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. 1984, ch. 334, § 11; L. 1992, ch. 162, § 10; April 30.
(a) As used in this section, "commission" means the Kansas commission for the deaf and hard of hearing.
(b) The commission shall design and provide for the issuance of a symbol or other device that may be attached to a motor vehicle regularly operated by a deaf or hard of hearing person. The symbol may be attached to the lower left corner of the rear window of a motor vehicle, if the symbol does not exceed a width of five inches and a height of five inches; or the symbol may be attached to the rear bumper of a motor vehicle.
(c) A deaf or hard of hearing person may apply to the commission for the symbol or other device. The commission may require acceptable medical proof that a person is deaf or hard of hearing. The commission may collect a fee not to exceed $2 for each symbol or device.
(d) The commission may contract with a state or local agency for the distribution of the symbol or other device.
(e) The commission shall provide law enforcement agencies in the state an explanation of the meaning of the symbol to be issued by the commission prior to the issuance of such symbol.
History: L. 1988, ch. 37, § 1; L. 1992, ch. 162, § 11; April 30.
(a) There is hereby established a language assessment program to be coordinated by the Kansas commission for the deaf and hard of hearing. The purpose of the program is to assess, monitor and track the language developmental milestones of children who are deaf or hard of hearing from birth through the age of eight. The recognized languages used in the education of children who are deaf and hard of hearing are English and American sign language. The scope of the program includes children who may use one or more communication modes in American sign language, English literacy and, if applicable, spoken English and visual supplements.
(b) On and after July 1, 2018, an annual language assessment shall be given to each child who is deaf or hard of hearing and who is less than nine years of age. Language assessments shall be provided either through early intervention services administered by the Kansas department of health and environment, or if the child is three years of age or older, through the school district in which the child is enrolled. Such language assessments shall be provided in accordance with the provisions of this section and any recommendations adopted pursuant to this section.
(c) There is hereby established within KCDHH an advisory committee on the language assessment program. The advisory committee shall consist of 16 members as follows:
(1) Nine members of the advisory committee shall be appointed by the governor as follows:
(A) One member shall be a credentialed teacher of the deaf who uses both ASL and English during instruction;
(B) one member shall be a credentialed teacher of the deaf who uses spoken English with or without visual supplements during instruction;
(C) one member shall be a credentialed teacher of the deaf who has expertise in curriculum development and instruction of ASL and English;
(D) one member shall be a credentialed teacher of the deaf who has expertise in assessing language development in both ASL and English;
(E) one member shall be a speech language pathologist who has experience working with children from birth through the age of eight;
(F) one member shall be a professional with a linguistic background who conducts research on language outcomes of children who are deaf or hard of hearing and use ASL and English;
(G) one member shall be a parent of a child who is deaf or hard of hearing and who uses both ASL and English;
(H) one member shall be a parent of a child who is deaf or hard of hearing and who uses spoken English with or without visual supplements; and
(I) one member who is knowledgeable about teaching and using both ASL and English in the education of children who are deaf and hard of hearing; and
(2) seven members of the advisory committee shall be ex officio members as follows:
(A) One member shall be the executive director of KCDHH;
(B) one member shall be the coordinator of the sound start program, or such coordinator's designee;
(C) one member shall be the KCDHH commission member representing the state school for the deaf, or such commission member's designee;
(D) one member shall be the KCDHH commission member representing the department of health and environment, or such commission member's designee;
(E) one member shall be the KCDHH commission member representing the state board of education, or such commission member's designee;
(F) one member shall be the coordinator of the early intervention program administered by the department of health and environment, or such coordinator's designee; and
(G) one member shall be the coordinator of the early education program administered by the department of education, or such coordinator's designee.
(d) The executive director of KCDHH shall call an organizational meeting of the advisory committee on or before August 1, 2016. At such organizational meeting, the members shall elect a chairperson and vice-chairperson from the membership of the advisory committee. The advisory committee may meet at any time and at any place within the state on the call of the chairperson. A quorum of the advisory committee shall be nine members. All actions of the advisory committee shall be by motion adopted by a majority of those members present when there is a quorum. Any vacancy on the committee shall be filled in accordance with subsection (c).
(e) On or before January 31, 2018, the advisory committee shall develop specific action plans and make recommendations necessary to fully implement the language assessment program. In carrying out its charge under this section, the committee shall:
(1) Collaborate with the coordinating council on early childhood developmental services and the Kansas state special education advisory council;
(2) solicit input from professionals trained in the language development and education of children who are deaf or hard of hearing on the selection of specific language developmental milestones;
(3) review, recommend and monitor the use of existing and available language assessments for children who are deaf or hard of hearing;
(4) identify and recommend qualifications of language professionals with knowledge of the use of evidence-based, best practices in English and American sign language who can be available to advocate at IFSP or IEP team meetings;
(5) identify qualifications of language assessment evaluators with knowledge on the use of evidence-based, best practices with children who are deaf or hard of hearing and the resources for locating such evaluators; and
(6) identify procedures and methods for communicating information on language acquisition, assessment results, milestones, assessment tools used and progress of the child to the parent or legal guardian of such child, teachers and other professionals involved in the early intervention and education of such child.
(f) The specific action plans and recommendations developed by the advisory committee shall include, but are not limited to, the following:
(1) Language assessments that include data collection and timely tracking of the child's development so as to provide information about the child's receptive and expressive language compared to such child's linguistically age-appropriate peers who are not deaf or hard of hearing;
(2) language assessments conducted in accordance with standardized norms and timelines in order to monitor and track language developmental milestones in receptive, expressive, social and pragmatic language acquisition and developmental stages to show progress in American sign language literacy, English literacy, or both, for all children who are deaf or hard of hearing from birth through the age of eight;
(3) language assessments delivered in the child's mode of communication and which have been validated for the specific purposes for which each assessment is used, and appropriately normed;
(4) language assessments administered by individuals who are proficient in ASL for ASL assessments and English for English assessments;
(5) use of assessment results, in addition to the assessment required by federal law, for guidance on the language developmental discussions by IFSP and IEP teams when assessing the child's progress in language development;
(6) reporting of assessment results to the parents or legal guardian of the child and the applicable agency;
(7) reporting of assessment results on an aggregated basis to the committees on education of the house of representatives and the senate; and
(8) reporting of assessment results to the members of the child's IFSP or IEP team, which may be used, in addition to the assessment required by federal law, by the child's IFSP or IEP team, as applicable, to track the child's progress, and to establish or modify the IFSP or IEP.
(g) The state department of education, the department of health and environment and the state school for the deaf shall enter into interagency agreements with KCDHH to share statewide aggregate data.
(h) On or before January 31, 2019, and each January 31 thereafter, KCDHH shall publish a report that is specific to language and literacy developmental milestones of children who are deaf or hard of hearing for each age from birth through the age of eight, including those who are deaf or hard of hearing and have other disabilities, relative to such children's peers who are not deaf or hard of hearing. Such report shall be based on existing data reported in compliance with the federally required state performance plan on pupils with disabilities. KCDHH shall publish the report on its website.
(i) The advisory committee shall cease to exist from and after July 1, 2018.
(j) As used in this section:
(1) "ASL" means American sign language.
(2) "English" means English literacy, spoken English, signing exact English and morphemic system of signs, CASE, cued speech and any other visual supplements.
(3) "IEP" means individualized education program.
(4) "IFSP" means individualized family service plan.
(5) "KCDHH" means the Kansas commission for the deaf and hard of hearing.
(6) "Language" means a complex and dynamic system of conventional symbols that is used in various modes for thought and communication.
(7) "Literacy" includes the developmental stages of literacy, including pre-emergent, emergent and novice levels, as necessary beginning stages to master a language.
History: L. 2016, ch. 83, § 2; May 19.
As used in K.S.A 75-4355a through 75-4355d, and amendments thereto, and K.S.A. 2025 Supp. 75-5393a through 75-5393d and 75-5397f, and amendments thereto:
(a) "Applicant" means a person who has submitted an application for registration as an interpreter.
(b) "Commission" means the Kansas commission for the deaf and hard of hearing.
(c) "Communication access services" includes, but is not limited to:
(1) Communication access realtime translation services;
(2) notetakers;
(3) open and closed captioning services;
(4) support service providers for the deaf-blind; and
(5) any other effective method of making aurally delivered information available to individuals who are deaf or hard of hearing.
(d) "Communication access service provider" means an individual who is trained to offer a communication access service to communicate aurally delivered information to individuals who are deaf, hard of hearing or have speech and language impairments.
(e) "Employee" means a person registered as a communication access service provider.
(f) "Executive director" means the executive director for the Kansas commission for the deaf and hard of hearing.
(g) "Interpreter" means an individual who engages in the practice of interpreting.
(h) "Interpreter service agency" means an entity that contracts with or employs registered interpreters to provide interpreter services, whether in person or remotely, for a fee.
(i) "Interpreting" means the translating or transliterating of English concepts to any communication modes of individuals who are deaf, hard of hearing or have speech and language impairments or the translating or transliterating of the communication modes of individuals who are deaf, hard of hearing or have speech and language impairments to English language concepts. Communication modes include, but are not limited to, American sign language, English-based sign language, cued speech, oral transliterating and information received tactually.
(j) "Video remote interpreter" means an interpreter who engages in the practice of video remote interpreting.
(k) "Video remote interpreting" means the process that allows an individual who is deaf or hard of hearing to communicate with a hearing individual at the same location through an interpreter displayed through videoconferencing or similar technology.
History: L. 2022, ch. 50, § 5; L. 2024, ch. 15, § 100; July 1.
History: L. 1982, ch. 324, § 3; Repealed, L. 1995, ch. 259, § 12; May 25.
As used in this act:
(a) "Individuals with disabilities" means individuals with intellectual disability, hearing loss including deafness, speech or language disorders, visual impairments including blindness, serious emotional disability, orthopedic impairments, autism, dyslexia, traumatic brain injury, other health impairments or specific learning disabilities.
(b) "Transition services" means a coordinated set of activities for a student, designed within an outcome-oriented process that promotes movement from school to post-school activities, including post-secondary education, vocational training, integrated employment, including supported employment, continuing and adult education, adult services, independent living or community participation. The coordinated set of activities shall be based upon the individual student's needs, taking into account the student's preferences and interests, and shall include instruction, community experiences, the development of employment and other post-school adult living objectives and, when appropriate, acquisition of daily living skills and functional vocational evaluation.
(c) "Transition planning services" means rehabilitation counseling, information and referral to community services for students age 16 and older in secondary special education programs.
(d) "Local education authority" means the special education interlocal or cooperative or school district responsible for the local special education program.
(e) "Special education program" means services that are provided pursuant to public law 94-142, the education of all handicapped children's act, as implemented in Kansas through K.S.A. 72-3403 et seq., and amendments thereto, and public law 101-476, the individuals with disabilities education act.
(f) "Secretary" means the secretary for children and families or the designee of the secretary.
(g) "Local transition council" means a representative group of persons with disabilities and their families, school personnel, adult service agency personnel and members of the general public, such as employers, that develops an annual plan to improve secondary special education, transition and transition planning services.
(h) "Emotional disability" means the same as the term "emotional disturbance" is used in public law 101-476, the individuals with disabilities education act.
History: L. 1992, ch. 129, § 1; L. 2012, ch. 91, § 62; L. 2014, ch. 115, § 372; L. 2022, ch. 75, § 14; L. 2023, ch. 33, § 2; July 1.
The secretary for children and families, within available funding and staffing, shall provide transition planning services in cooperation with the transition services part of the individual education plan for individuals with disabilities enrolled in secondary special education programs.
History: L. 1992, ch. 129, § 2; L. 2014, ch. 115, § 373; July 1.
(a) If the secretary provides services under this act and staff is available, an individual with disabilities who has been receiving special education under the provisions of K.S.A. 72-961 et seq., and amendments thereto, and public law 101-476 (the individuals with disabilities education act) shall receive transition planning services upon attaining the age of 16 years. The local education authority which is responsible for the education of a person, with the consent of the person or the person's parent or guardian, shall notify the secretary of the name and address of such person, the record of the special education services being provided to such person and the expected date of termination of such services.
(b) Within 30 days after such notification, the secretary shall begin to prepare a case file on such person consisting of all available information relevant to the questions of whether such person has a disability and what services may be necessary or appropriate upon termination or graduation. The local education authority, with the consent of such person or the person's parent or guardian, shall provide the secretary with copies of relevant current portions of the record of such person, which shall be included in such person's case file. The secretary also shall provide an opportunity for the submission by or on behalf of such person, of information relative to such person's training needs and all information so provided shall be included in such person's case file.
History: L. 1992, ch. 129, § 3; July 1.
The secretary will direct statewide development of local transition councils. A state transition council, comprised of representatives of the local councils, will meet at least annually to identify successful alternatives to barriers for effective education, employment and independent living outcomes.
History: L. 1992, ch. 129, § 4; July 1.
(a) As used in this section, "secretary" means the secretary for children and families or the secretary for aging and disability services.
(b) The secretary shall upon request receive from the Kansas bureau of investigation such criminal history record information in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto, as necessary for the purpose of determining initial and continuing qualification for employment or for participation in any program administered by the secretary for the placement, safety, protection or treatment of vulnerable children or adults.
(c) Nothing in this act shall be construed to make unlawful or prohibit the disclosure of any such information in a hearing or court proceeding involving programs administered by the secretary or prohibit the disclosure of any such information to the post auditor in accordance with and subject to the provisions of the legislative post audit act.
History: L. 2005, ch. 168, § 1; L. 2014, ch. 115, § 374; L. 2015, ch. 56, § 1; L. 2024, ch. 15, § 101; July 1.
(a) K.S.A. 75-53,111 through 75-53,120, and amendments thereto, shall be known and may be cited as the Kansas foster child educational assistance act.
(b) The purpose of the Kansas foster child educational assistance act is to establish an educational assistance program under which payment of the tuition and required fees charged to eligible foster children shall be waived.
History: L. 2006, ch. 132, § 1; L. 2007, ch. 94, § 1; July 1.
As used in the Kansas foster child educational assistance act:
(a) "Kansas educational institution" means and includes any community college, the municipal university, state educational institution, the institute of technology at Washburn university or technical college.
(b) "Eligible foster child" means anyone who:
(1) (A) (i) Is in the custody of the secretary and in a foster care placement on the date such child attained 18 years of age; (ii) has been released from the custody of the secretary prior to attaining 18 years of age, after having graduated from a high school or fulfilled the requirements for a general educational development (GED) certificate while in foster care placement and the custody of the secretary; (iii) is adopted from a foster care placement on or after such child's 16th birthday; or (iv) left a foster care placement subject to a guardianship under chapter 38 or 59 of the Kansas Statutes Annotated, and amendments thereto, on or after such child's 16th birthday; or
(B) is a student as defined under the Kansas challenge to secondary school students act, K.S.A. 72-3220 et seq., and amendments thereto, and was in the custody of the secretary and in foster care placement at any time such child was enrolled in grades nine through 12 at a school of a school district; and
(2) enrolls in a Kansas educational institution.
(c) "Kansas foster child educational assistance program" or "program" means the program established pursuant to the provisions of the Kansas foster child educational assistance act, which shall provide for: (1) Undergraduate enrollment of eligible foster children pursuant to subsection (b)(1)(A) through the semester the eligible foster child attains 23 years of age; or (2) undergraduate enrollment of eligible foster children pursuant to subsection (b)(1)(B) through the Kansas challenge to secondary schools act, K.S.A. 72-3220 et seq., and amendments thereto.
(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) "Secretary" means the secretary for children and families.
History: L. 2006, ch. 132, § 2; L. 2011, ch. 97, § 44; L. 2014, ch. 115, § 375; L. 2021, ch. 114, § 24; July 1.
Any eligible applicant who received assistance before June 30, 2006, under the provisions of K.S.A. 74-32,161, and amendments thereto, in effect prior to June 30, 2006, and who is deemed by the state board of regents to be eligible pursuant to this section shall be allowed to remain eligible pursuant to this section and in accordance with the provisions of K.S.A. 74-32,161, and amendments thereto, in effect prior to June 30, 2006, and shall continue to receive the assistance until such eligible applicant completes such eligible applicant's course of study or becomes ineligible pursuant to the provisions of K.S.A. 74-32,161, and amendments thereto, in effect prior to June 30, 2006.
History: L. 2006, ch. 132, § 3; July 1.
(a) No eligible foster child who is enrolled at a Kansas educational institution and who is participating in the program shall be charged the amount of tuition or required fees charged by the Kansas educational institution for enrollment in courses necessary to satisfy the requirements of an educational program.
(b) Notwithstanding the provisions of subsection (a) an eligible foster child shall not have waived the amount of tuition or required fees waived for any course repeated or taken in excess of the requirements for completion of the educational program in which such foster child is enrolled.
(c) Within the limits of appropriations available therefor, the secretary may make expenditures to reimburse each eligible foster child who is enrolled in a Kansas educational institution and who is participating in the program for room and board, technical equipment and course required books.
(d) Each eligible foster child who is enrolled in a Kansas educational institution and who is participating in the program shall be responsible for all fees charged by the Kansas educational institution that are not directly related to and required for the courses in the educational program of the eligible foster child.
History: L. 2006, ch. 132, § 4; L. 2007, ch. 94, § 2; July 1.
In order to remain eligible for participation in the program, an eligible foster child shall remain in good standing at the Kansas educational institution where the eligible foster child is enrolled and shall make satisfactory progress toward completion of the requirements of the educational program in which the eligible foster child is enrolled.
History: L. 2006, ch. 132, § 5; July 1.
No Kansas educational institution shall delay enrollment of an eligible foster child who is participating in the program because appropriations are not available therefor.
History: L. 2006, ch. 132, § 6; July 1.
The secretary shall adopt rules and regulations for administration of the Kansas foster child educational assistance act.
History: L. 2006, ch. 132, § 7; July 1.
On or before January 15, 2007, and January 15, 2008, the secretary shall publish an annual report on the Kansas foster child educational assistance act and shall present the report to the legislature. The annual report shall specifically account for the ways in which the purpose of this act have been carried out and the recommendations shall specifically note what changes are necessary to better address the purposes described in this act.
History: L. 2006, ch. 132, § 8; July 1.
History: L. 2006, ch. 132, § 9; Repealed, L. 2007, ch. 94, § 3; July 1.
Any eligible foster child who received a tuition waiver before June 30, 2008, under the provisions of the Kansas foster child educational assistance program in effect prior to June 30, 2008, and is deemed by the state board of regents to be eligible pursuant to this section and the provisions of the Kansas foster child educational assistance program in effect prior to June 30, 2008, shall be allowed to remain eligible and continue to receive the waiver of tuition in accordance with the provisions of the Kansas foster child educational assistance program in effect prior to June 30, 2008, until such eligible foster child completes such eligible foster child's course of study or becomes ineligible pursuant to the provisions of the Kansas foster child educational assistance program in effect prior to June 30, 2008.
History: L. 2006, ch. 132, § 10; July 1.
(a) The director of accounts and reports shall formulate a system of payroll accounting, including timekeeping, payroll calculation and pay distribution or delivery and labor cost distribution and analysis and shall install and operate such system of payroll accounting for all state agencies. The system shall include provision for centralized records that shall include payroll data for all individuals who with the common law employer-employee relationship is created by agencies of the state of Kansas and shall be coordinated with records maintained by the division of personnel services and other state agencies. If biweekly payroll periods are established under K.S.A. 75-5501a, and amendments thereto, the system of payroll accounting shall be modified to implement such biweekly payroll periods. State agencies shall utilize the system of payroll accounting to the extent prescribed by the director of accounts and reports and submit such reports and statements as may be required by the director in order to carry out this act. The director of accounts and reports shall design, revise and direct the use of records and procedures and prescribe classifications of coding payroll data, methods of funding labor cost through the central payroll account and a system of prepayment and postpayment debit and credit transactions and entries on the records created from payroll data and the necessary forms to be used by all state agencies in connection with such system of payroll accounting. Such payroll system shall include generally accepted accounting principles of internal check, which may include timekeeping for attendance and performance, as prescribed in this act.
(b) The director of accounts and reports shall provide, as a part of the system of payroll accounting, a plan for the deduction from the salary or wages of an amount equal to regular membership dues for state officers and employees who are members of the Kansas troopers association or who are in any employee organization. Such plan, in addition to such provisions as are negotiated by the director of accounts and reports and the employee organization, shall provide for:
(1) A written authorization-assignment by a state officer or employee prior to any dues deduction from the salary or wages of such officer or employee. Such authorization-assignment shall remain effective for not less than 180 days and be terminated at any time thereafter upon 30 days' prior notice by the state officer or employee of termination of the authorization-assignment;
(2) change in the amount of regular membership dues to be deducted not more than twice in any fiscal year;
(3) renewal of an authorization-assignment by an officer or employee after termination of a prior authorization-assignment upon 90 days' prior notice by the officer or employee who has terminated a membership dues deduction; and
(4) payment of all moneys deducted during each payroll period pursuant to this section to the employee organization less the amount of actual direct expenses incurred by this state for the membership dues deduction.
History: L. 1974, ch. 390, § 1; L. 1975, ch. 452, § 1; L. 1978, ch. 373, § 3; L. 1978, ch. 350, § 13; L. 1980, ch. 264, § 1; L. 1981, ch. 354, § 1; L. 2025, ch. 29, § 7; July 1.
(a) The secretary of administration shall approve the establishment of biweekly payroll periods for all officers and employees of the university of Kansas medical center. The secretary of administration may approve the establishment of biweekly payroll periods for any officers and employees of one or more other state agencies. As used in this act, the term "approval date" means the date on which such approval is given by the secretary of administration.
(b) Subject to the provisions of subsection (c), the secretary of administration shall integrate biweekly payroll periods into the system of payroll accounting established under this act, for purposes of the officers and employees to whom the biweekly payroll periods established apply, on a date fixed by the secretary of administration. As used in this act, the term "implementation date" means the date fixed under this subsection by the secretary of administration.
(c) The period preceding an implementation date for biweekly payroll periods shall be a transition period during which the secretary of administration may vary the procedures and requirements of this act concerning biweekly payroll periods, in order to provide the orderly transition contemplated by this act.
(d) The provisions of this section shall be controlling over any statute making reference to monthly or semimonthly payment of salaries or compensation of state officers and employees.
History: L. 1975, ch. 452, § 2; L. 1980, ch. 264, § 2; L. 1994, ch. 274, § 21; L. 1995, ch. 132, § 4; December 17.
The system of payroll accounting may provide for the fixing of staggered or cycled payroll periods or pay dates by designation of the days of the month or week on which certain employees' payroll periods shall be fixed and by designation of the date of payment for the earnings during a designated payroll period. Such established pay dates, as far as practicable, shall be uniform for all employees of each state agency employed in the same geographical area, and if biweekly payroll periods are established under K.S.A. 75-5501a, such established pay dates shall not be more than fourteen (14) calendar days following the close of the payroll period. For the purpose of implementing this section, the director of accounts and reports may alter any established payroll period or pay date by not more than seven calendar days by establishing a schedule of staggered payroll periods and pay dates as provided in this section.
History: L. 1974, ch. 390, § 2; L. 1975, ch. 452, § 3; L. 1980, ch. 264, § 3; July 1.
The payroll period and pay date of employees of a state agency shall not be changed by inclusion of the state agency into the system of payroll accounting or by any revision or modification of the system, unless notice of the proposed change has been given to each employee who will be affected by such change, in the form and manner prescribed by the director of accounts and reports, not less than forty-five (45) days prior to the effective date of the change.
History: L. 1974, ch. 390, § 3; L. 1975, ch. 452, § 4; July 1.
Each appointing authority shall correctly and promptly certify to the director of accounts and reports as required by such system of payroll accounting all changes, modifications, additions and deletions to the payroll roster and encumbrance documents in compliance with all applicable laws, rules and regulations and work policies of any state agency, including certification of such time and attendance records as are required under this act. The director of accounts and reports shall rely upon all payroll rosters, encumbrance documents and time and attendance reports certified to the director of accounts and reports by an appointing authority or its designee.
History: L. 1974, ch. 390, § 4; L. 1975, ch. 452, § 5; July 1.
(a) It is the policy of the state that a forty-hour workweek shall be the standard workweek of state employees, and all pay rates established for such employees shall be based on a forty-hour workweek, except that workweeks which deviate from the forty-hour workweek may be established by appointing authorities in order to meet the varying needs of the different state agencies, and in such cases the pay rates established shall be based on the workweek so established.
(b) Every state agency shall submit information to the director of accounts and reports:
(1) Necessary for determining the number of hours per day and the number of days per week or, in case of irregular workweeks, the number of hours per week which shall constitute full-time employment for each position within its jurisdiction;
(2) showing such schedules of work time assignment that are in effect for each employee in the agency;
(3) describing the system of accruing credits and charges for all recognized annual, sick and other compensable leave for all officers and employees of the state agency who are not covered for such purposes by the Kansas civil service act and, if biweekly payroll periods are established for officers or employees of the state agency under K.S.A. 75-5501a, the balances of such accrued credits for such officers or employees on the implementation date; and
(4) specifying the terms of any contractual obligations that affect any employment relationship.
(c) Nothing in this section shall apply to individual elective state officers.
History: L. 1974, ch. 390, § 5; L. 1975, ch. 452, § 6; L. 1980, ch. 264, § 4; July 1.
(a) If biweekly payroll periods are established under K.S.A. 75-5501a, salaries, salary ranges and wage rates approved by the governor under K.S.A. 75-2935b and the existing schedule of salaries or wage rates and ranges established under K.S.A. 75-2938 for each class, grade or group of positions in the classification plan which are in effect on the approval date shall be converted to hourly and biweekly pay rates for the officers and employees of each state agency for which biweekly payroll periods are established, in accordance with a plan prepared by the director of accounts and reports and approved or modified and approved by the secretary of administration.
(b) If biweekly payroll periods are established under K.S.A. 75-5501a which are applicable to officers or employees of the university of Kansas medical center who are under a semimonthly compensation system under K.S.A. 75-4315, such system shall no longer apply to such officers and employees and such officers and employees shall be converted to a biweekly system for pay earned on and after the implementation date, and the pay rates for such officers and employees shall be converted to hourly and biweekly pay rates, in accordance with a plan prepared by the director of accounts and reports and approved or modified and approved by the secretary of administration.
(c) Notwithstanding any existing provision of law to the contrary, if biweekly payroll periods are established under K.S.A. 75-5501a for a state officer or employee whose salary is fixed by statute, such salary shall be converted to hourly and biweekly pay rates in accordance with a plan prepared by the director of accounts and reports and approved or modified and approved by the secretary of administration, subject to the statutory amount of such salary.
History: L. 1974, ch. 390, § 6; L. 1975, ch. 452, § 7; L. 1980, ch. 264, § 5; July 1.
If biweekly payroll periods are established under K.S.A. 75-5501a, whenever time and attendance records indicate that the number of hours pay due in any payroll period to an officer or employee, to whom such biweekly payroll periods apply, is for more or less than the time fixed for full-time employment, considering the balance and usage of holiday, annual, sick and compensating time, or other compensable leave, the pay for such payroll period shall be calculated on the basis of the number of hours of pay due multiplied by the hourly rate or rates fixed for such employee. Rules and regulations may be adopted by the secretary of administration, as provided in K.S.A. 75-3706, to provide for exceptions to this section.
History: L. 1974, ch. 390, § 7; L. 1975, ch. 452, § 8; L. 1980, ch. 264, § 6; July 1.
Whenever the employment of any state employee is terminated in any way, the appointing authority shall cause the employee's earned wages to be paid on the regular pay date upon which such employee would have been paid if still employed.
History: L. 1974, ch. 390, § 8; L. 1975, ch. 452, § 9; July 1.
If biweekly payroll periods are established under K.S.A. 75-5501a, which apply to nine-month employees of the state who are employed and engaged in school employment as teachers, or higher education faculty, or who have as their principal duty academic supervision over such teachers or faculty, the monthly pay of such employees shall be calculated for payment on the prescribed biweekly payment system under all contracts entered into for the school year commencing in the year in which the implementation date occurs.
History: L. 1974, ch. 390, § 9; L. 1975, ch. 452, § 10; L. 1980, ch. 264, § 7; July 1.
If biweekly payroll periods are established under K.S.A. 75-5501a which apply to state officers or employees who are receiving housing, food service or other employee maintenance from a state agency under K.S.A. 75-2961a, the existing monthly rates fixed for such housing, food service or other employee maintenance, as provided under K.S.A. 75-2961a, shall be converted by the secretary of administration to biweekly rates for use in the system of payroll accounting, by multiplying the monthly rate by twelve (12) and by dividing such annualized rate by twenty-six (26), rounding off any fraction of such biweekly rate to the next highest cent.
History: L. 1974, ch. 390, § 10; L. 1975, ch. 452, § 11; L. 1980, ch. 264, § 8; July 1.
Notwithstanding any other provision of law to the contrary, if biweekly payroll periods are established under K.S.A. 75-5501a, wherever in the statutes reference is made to monthly pay of state officers and employees to whom such biweekly payroll periods apply, such reference shall continue in effect until the implementation date, and thereafter such reference shall mean biweekly pay. When any conflict arises as a result of any change made by this act, such conflict shall be resolved by the governor and such decision shall be final.
History: L. 1974, ch. 390, § 11; L. 1975, ch. 452, § 12; L. 1980, ch. 264, § 9; July 1.
If biweekly payroll periods are established under K.S.A. 75-5501a, the provisions of all contracts and memorandums of agreement entered into under authority of K.S.A. 75-4321 to 75-4335, inclusive, relating to officers or employees to whom such biweekly payroll periods apply and relating to payments to such officers and employees and concerning the method of payment of salaries or wages or the recognition and furnishing of non-cash employee remuneration, and all salaries and salary reduction or deduction agreements which are authorized by statute and which relate to such officers and employees, shall be made to comply and be administered in accordance with provisions of this act. The provisions of this act shall not apply to contracts between a state agency and an independent contractor, whether for professional services or for any other services or thing, except that the secretary of administration may adopt rules and regulations, as provided in K.S.A. 75-3706, which may make all or any part of this act applicable to any or all such contracts.
History: L. 1974, ch. 390, § 28; L. 1975, ch. 452, § 13; L. 1980, ch. 264, § 10; July 1.
History: L. 1974, ch. 390, § 29; Repealed, L. 1975, ch. 452, § 23; July 1.
The secretary of administration may adopt rules and regulations, as provided in K.S.A. 75-3706, and amendments thereto, for the administration of this act.
History: L. 1974, ch. 390, § 30; L. 1975, ch. 452, § 14; L. 1983, ch. 291, § 4; July 1.
(a) Except as may be otherwise fixed under the Kansas civil service act or other applicable laws, salaries and wages shall be fixed on an annual basis prior to the beginning of each fiscal year.
(b) Changes in such salaries or wages made during the fiscal year shall be reported to the secretary of administration.
(c) The secretary of administration shall specify the payroll period beginning and ending dates and the payment dates for payroll periods.
(d) For budget and accounting purposes each payment of salaries and wages shall be charged to appropriations for the fiscal period or year in which the payment occurs.
(e) (1) The wages for any officers and employees in positions which are not exempt under the federal fair labor standards act, 29 U.S.C. 201 et seq., may be paid on an hourly basis, when authorized by the secretary of administration. The provisions of this section shall be controlling over any statute making reference to monthly payment of salaries or compensation of state officers and employees. The wages for employees who are paid hourly shall be determined by dividing the annual wages for the employee's job position by the number of hours required for the position on an annual basis as specified in paragraph (2) of this subsection. The annual wages for each position shall be as fixed pursuant to the Kansas civil service act for classified positions and as fixed by other applicable law for unclassified positions.
(2) In determining hourly wage rates, the number of hours required for the position on an annual basis shall be:
(A) The amount of 2,080 hours for employees working the standard workweek specified by K.S.A. 75-5505, and amendments thereto; or
(B) for those classes of positions for which a deviation has been established pursuant to K.S.A. 75-5505, and amendments thereto, the number of hours required for the position on an annual basis, as determined by the director of personnel services, subject to approval by the secretary of administration.
History: L. 1965, ch. 473, § 2; L. 1973, ch. 348, § 1; L. 1974, ch. 390, § 22; L. 1975, ch. 452, § 15; L. 1980, ch. 264, § 11; L. 1994, ch. 274, § 22; L. 1995, ch. 132, § 5; December 17.
(a) There is hereby created in the state treasury a payroll account for each state agency which may be used by the director of accounts and reports and state treasurer to issue a consolidated payroll for each state agency. If consolidated payroll procedures are required by the director of accounts and reports, each state agency shall file such consolidated claims and encumbrance documents containing authorization to pay future salaries and wages of officers and employees of such state agency. Payment of such future salaries and wages shall be based on time and attendance reports required by the director of accounts and reports. Payrolls of state agencies prepared by either the agency or the director of accounts and reports as prescribed in the system of payroll accounting shall be charged against the payroll account created for the state agency by this section or directly against the appropriate agency account or accounts in the state treasury on an individual account basis as determined by the director of accounts and reports. The payroll of each state agency shall show thereon a summary distribution of the amount of the payroll to be charged against each appropriation or fund account within the state treasury or fund in the custody of the state treasurer. If the consolidated payroll procedures are in effect under this section at the time the payroll is paid, the director of accounts and reports and state treasurer shall transfer moneys from each appropriation in the state treasury or fund in the custody of the state treasurer to the payroll account of the state agency in the amounts shown on the payroll distribution summary, and shall charge such amounts to the proper account affected thereby. For purposes of providing a procedure for automatic payment of reported time worked, salaries and wages due, and for proper cost allocation and distribution of designated project, indirect overhead or other employee salary and wage cost to establish cost centers or sub-activities, activities, accounts, work project, federal grant or other appropriate account, the encumbrance documents required may be filed against such agency payroll clearing accounts as may be established on the records by the director of accounts and reports to pay such project or shared salary and wage costs. Advances from appropriate accounts within the state treasury in the custody of the state treasurer may be made to such agency payroll clearing accounts on the records in the amount required to cover the estimated salary and wage costs of such officers and employees. Any advances made to such agency payroll clearing account shall be used for the payment of actual salary and wage costs chargeable from actual time and attendance reports or returned to the appropriate account, and such transactions shall be based on claims approved by signature or electronic means by the chief administrative officer of the state agency or such officer's authorized representative. Upon request of any state agency, the director of accounts and reports may authorize the issuance of payrolls within a fund other than that authorized by this section.
(b) Under rules and regulations established as provided in K.S.A. 75-3706 and amendments thereto, the accounting system may include provisions for the settlement of transactions between state agencies by making of debit and credit entries on the books on the basis of adequate vouchers, approved by the director of accounts and reports in lieu of warrants. The director of accounts and reports, upon approval of any such voucher, shall immediately notify the state treasurer of the amount thereof, and of the accounts which are to be debited and credited upon the treasurer's books and records. The state treasurer and the director of accounts and reports shall forthwith make the proper entries upon their books and records to correspond to such debit and credit entries.
History: L. 1953, ch. 375, § 33; L. 1974, ch. 390, § 23; L. 1975, ch. 452, § 16; L. 1983, ch. 298, § 1; May 5.
(a) Each person retiring from the classified or unclassified service of the state of Kansas who has accumulated one hundred (100) days or more of sick leave shall receive at the time of retirement, compensation for their accumulated sick leave as follows:
(1) Compensation for not more than thirty (30) days, if such person has completed eight or more years of such service and has accumulated at least one hundred (100) but less than one hundred twenty-five (125) days of sick leave;
(2) compensation for not more than forty-five (45) days, if such person has completed fifteen (15) or more years of such service and has accumulated at least one hundred twenty-five (125) but less than one hundred fifty (150) days of sick leave; and
(3) compensation for not more than sixty (60) days, if such person has completed twenty-five (25) or more years of such service and has accumulated one hundred fifty (150) days of sick leave or more.
(b) Retirement employee contributions shall be deducted from all compensation for accumulated sick leave paid to each person who retires and benefit calculations for such person shall include all such compensation.
History: L. 1974, ch. 368, § 1; L. 1978, ch. 332, § 50; L. 1980, ch. 290, § 1; May 17.
If any word, phrase, sentence or provision of this act is determined to be invalid, such invalidity shall not affect the other provisions of this act and they shall be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable.
History: L. 1974, ch. 390, § 31; July 1, 1975.
(a) Any state agency may pay the tuition and other educational expenses for the education or training of any personnel of such state agency when it is determined by the head of the state agency that such education or training is of value to the state and such state agency.
(b) All payments under this section shall be made from appropriations to the state agency in accordance with policies and procedures developed by the secretary of administration to the state agency and shall be approved by the head of the state agency.
(c) As used in this section, "state agency" means any state department, office, board, commission, authority, council or officer and the personnel thereof.
(d) In accordance with K.S.A. 75-3706 and amendments thereto and with the advice of the director of accounts and reports, the secretary of administration may adopt rules and regulations prescribing limitations and procedures relating to expenditures for tuition and other education or training expenses under this section.
History: L. 1974, ch. 371, § 1; L. 1976, ch. 402, § 1; L. 1982, ch. 373, § 1; L. 1985, ch. 291, § 1; July 1.
History: L. 1975, ch. 452, § 22; Repealed, L. 1995, ch. 132, § 7; December 17.
Revisor's Note: Section transferred to 74-49b07.
Revisor's Note: Section transferred to 74-49b08.
History: L. 1976, ch. 367, § 2; Repealed, L. 1988, ch. 301, § 33; July 1.
Revisor's Note: Section transferred to 74-49b09.
Revisor's Note: Section transferred to 74-49b10.
Revisor's Note: Section transferred to 74-49b11.
History: L. 1976, ch. 367, §§ 6, 7; Repealed, L. 1979, ch. 298, § 5; July 1.
Revisor's Note: Section transferred to 74-49b12.
Revisor's Note: Section transferred to 74-49b13.
Revisor's Note: Section transferred to 74-49b14.
Revisor's Note: Section transferred to 74-49b15.
History: L. 1998, ch. 18, § 2; Repealed, L. 2007, ch. 74, § 18; January 1, 2008.
(a) Upon receipt of written authorization by any state employee, the director of accounts and reports shall make periodic deductions of amounts as specified in such authorization from the salary or wages of such state employee for the purposes of purchasing United States savings bonds. The director of accounts and reports shall make payments of such amounts in accordance with such authorization and the payroll deduction plan adopted pursuant to subsection (b). Any amounts deducted from the salary or wages of such state employee pursuant to such authorization shall be subject to the maximum and minimum amounts established by rules and regulations adopted pursuant to subsection (c). Any such written authorization may be withdrawn or modified by such state employee upon filing written notice of such withdrawal or modification in the manner and at the times prescribed in rules and regulations adopted pursuant to subsection (c).
(b) The director of accounts and reports shall establish a payroll deduction plan for the purchase of United States savings bonds by state employees. Such plan shall be administered by the director of accounts and reports in accordance with rules and regulations adopted pursuant to subsection (c) and such additional accounting procedures as may be prescribed by the director of accounts and reports.
(c) The secretary of administration, upon the recommendation of the director of accounts and reports, shall adopt rules and regulations as provided in K.S.A. 75-3706, and amendments thereto, for the implementation and administration of this act. Such rules and regulations shall include maximum and minimum limitations on the amounts to be deducted from the salary or wages of any state employee and provisions for the modification or withdrawal of any authorization to make periodic deductions for the purchase of United States savings bonds under this act.
(d) As used in this act, the term "state employee" or "employee" means any appointed or elective officer or any employee of the state of Kansas.
History: L. 1977, ch. 285, § 1; L. 2002, ch. 192, § 6; June 6.
As used in K.S.A. 75-5531 to 75-5534, inclusive, and amendments thereto:
(a) "Community health charities" means community health charities of Kansas and Missouri, Inc.
(b) "State employee" or "employee" means any appointed or elective officer or any employee of the state of Kansas.
(c) "United way organization" means the organization conducting a single, annual, consolidated effort to secure funds for distribution to agencies engaged in charitable, public health, welfare or service purposes, which commonly is known as the united way. Such term includes the united fund, the community chest or any other organization which serves in communities or areas of the state where the united way is not organized.
History: L. 1979, ch. 277, § 1; L. 2002, ch. 192, § 7; L. 2006, ch. 120, § 1; July 1.
(a) Upon notification of an employing agency's receipt of written authorization by any state employee, the director of accounts and reports shall make periodic deductions of amounts as specified in such authorization from the salary or wages of such state employee for the purpose of contributing to a united way organization or community health charities and shall make payments of such amounts in accordance with such authorization and the payroll deduction plan adopted under subsection (b). Any amounts deducted from the salary or wages of such state employee pursuant to such authorization shall be subject to the maximum and minimum amounts established by rules and regulations adopted under K.S.A. 75-5534, and amendments thereto. Any such written authorization may be withdrawn or modified by such state employee upon filing written notice of withdrawal or modification in the manner and at the times prescribed in rules and regulations adopted under K.S.A. 75-5534, and amendments thereto.
(b) As part of the system of payroll accounting formulated under K.S.A. 75-5501, and amendments thereto, the director of accounts and reports shall establish a payroll deduction plan for the purpose of making contributions to united way organizations and to community health charities by state employees. Such plan shall be administered by the director of accounts and reports in accordance with rules and regulations adopted under K.S.A. 75-5534, and amendments thereto, and such additional accounting procedures as may be prescribed by the director of accounts and reports.
History: L. 1979, ch. 277, § 2; L. 1990, ch. 318, § 5; L. 2006, ch. 120, § 2; July 1.
(a) The director of accounts and reports shall charge and collect a fee for making payroll deductions and payments authorized under K.S.A. 75-5531 to 75-5534, inclusive, and amendments thereto. Such fees shall be fixed in an amount equal to the total costs incurred in making the necessary transfers and transactions, including administrative costs, to accomplish the purpose involved as determined by the director of accounts and reports with the approval of the secretary of administration. The fees fixed shall be levied against and shall be paid by the united way organization or community health charities which receives payments pursuant to written authorizations by state employees under this section. Such fees shall be paid as part of each transaction remitting payments to the united way organization or community health charities.
(b) All moneys received by the director of accounts and reports from the fees levied 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 accounting services recovery fund.
History: L. 1979, ch. 277, § 3; L. 2001, ch. 5, § 402; L. 2006, ch. 120, § 3; July 1.
The secretary of administration, upon the recommendation of the director of accounts and reports, may adopt rules and regulations as provided in K.S.A. 75-3706, and amendments thereto, for the implementation and administration of K.S.A. 75-5531 to 75-5534, inclusive, and amendments thereto. Such rules and regulations shall include: (a) Provisions prohibiting the use of official action or threat of official action by a state employee to coerce or attempt to coerce a subordinate state employee to contribute to a united way organization or community health charities; and (b) maximum and minimum limitations on the amounts to be deducted from the salary or wages of any state employee and provisions for the modification or withdrawal of any authorization to make periodic deductions for the purpose of making contributions to united way organizations or community health charities.
History: L. 1979, ch. 277, § 4; L. 1983, ch. 291, § 6; L. 2006, ch. 120, § 4; July 1.
The director of accounts and reports shall make payroll deductions from the salary and wages of state officers and employees for parking fees charged such officers and employees in accordance with K.S.A. 75-4506 for use of state parking facilities, when authorized to make such deductions by the written, voluntary authorization of such officers and employees.
History: L. 1979, ch. 291, § 4; July 1.
(a) As used in this section, "agency payroll deduction" means a payroll deduction established by a state agency from the salary or wages of a state employee of the state agency for (1) payment of fees, charges or other payments owed to a state agency, (2) contributions to the endowment association or foundation for a state agency which is a state educational institution, as defined by K.S.A. 76-711 and amendments thereto, and which employs the state employee, or (3) other payments for which the employee's state agency has been performing a function of receiving payments for distribution to another firm or entity and such function was ongoing prior to January 1, 1990. "Agency payroll deduction" shall not include any deduction directly affecting amounts to be withheld or reported for federal, state and local income taxes.
(b) A state agency may establish an agency payroll deduction plan pursuant to this section. Each proposed agency payroll deduction plan shall be submitted to the director of accounts and reports, who shall review the plan and then forward a copy to the secretary of administration together with any recommendations and comments. The plan shall specify the conditions, limitations and restrictions applicable to the plan. The conditions, limitations and restrictions of the plan may include, but are not limited to, maximum and minimum limitations on the amount to be deducted from the salaries or wages and provisions for the modification or withdrawal of any authorization for any agency payroll deduction by an employee.
(c) Implementation or continuation of any agency payroll deduction plan shall be subject to the approval of the secretary of administration to assure that adequate data processing and accounting resources are available for proper functioning of the plan.
(d) An agency payroll deduction plan established pursuant to this section shall be administered by the state agency establishing the plan in accordance with this section and in accordance with the accounting and payroll procedures approved for such plan by the director of accounts and reports.
(e) No payroll deduction shall be made from the salary or wages of any employee under an agency payroll deduction plan except upon written authorization of such employee. Any amounts deducted from the salary or wages of an employee may be subject to maximum and minimum amounts which are established by the state agency under this section. Any such written authorization may be withdrawn or modified by the employee upon filing written notice of such withdrawal of modification in the manner and at the times prescribed by the state agency under the agency payroll deduction plan established under this section.
History: L. 1990, ch. 296, § 1; January 1, 1991.
(a) Except as otherwise required by federal law or by the provisions of this section, after June 11, 2000, any rule and regulation relating to overtime compensation for state employees adopted by the secretary of administration shall provide that only hours actually worked may be considered in determining whether overtime compensation is due and the amount of overtime compensation due, whether in the form of overtime pay or compensatory time off in lieu of overtime pay. After June 11, 2000, to the extent that any rule and regulation previously adopted by the secretary of administration contains a provision contrary to this section, that portion of the rule and regulation, and documents pertaining to such portion of the rule and regulation, shall have no effect and shall not be enforced.
(b) Each official state holiday which occurs within a regularly scheduled workweek may be counted as time worked in determining the amount of overtime work for state employees.
History: L. 1994, ch. 352, § 3; L. 2000, ch. 112, § 2; July 11.
History: L. 1988, ch. 344, § 1; Repealed, L. 2007, ch. 132, § 3; July 1.
(a) Except as otherwise provided by this section, each classified employee, excluding any such employee who is on temporary appointment, shall receive a bonus as provided by this section, which shall be referred to as a longevity bonus, under the terms and conditions and subject to the limitations prescribed by this section.
(b) After June 30, 1989, any such officer or employee who has been employed by any agency, board or department within any branch of state government, whether or not the entire period of service is continuous with the same agency, board or department, shall be eligible to receive a longevity bonus upon completion of 120 months of state service. Length of service and service anniversary dates shall be determined pursuant to rules and regulations adopted by the secretary of administration.
(c) The amount of each longevity bonus payment shall be computed by multiplying $40 by the number of full years of state service, not to exceed 25 years, rendered by such officer or employee as of the service anniversary date within such fiscal year.
(d) Each longevity bonus payment shall be included in the employee's regular pay warrant. The amount of the bonus shall be displayed separately on the warrant stub or advice.
(e) Longevity bonus payments shall be compensation, within the meaning of K.S.A. 74-4901 et seq., and amendments thereto, for all purposes under the Kansas public employees retirement system and shall be subject to applicable deductions for employee contributions notwithstanding the fact that payments are made annually. Longevity bonus payments shall be in addition to the regular earnings to which an officer or employee may become entitled or for which such employee may become eligible.
(f) The purpose of longevity pay is to recognize permanent employees who have provided experience and faithful long-term service to the state of Kansas in order to encourage officers and employees to remain in the service of the state. The provisions of this section shall apply to fiscal years commencing after June 30, 1989. The amendatory language of this section shall be construed to confirm that longevity pay is intended, and has been intended since its enactment, to be a bonus as defined in 29 C.F.R. § 778.208.
(g) In accordance with the provisions of K.S.A. 75-3706, and amendments thereto, the secretary of administration shall adopt rules and regulations to implement the provisions of this section with respect to officers and employees in the executive branch of state government.
(h) The provisions of this section shall not apply to any state officer or employee who is employed or re-employed as a state officer or employee on or after June 15, 2008.
History: L. 1989, ch. 260, § 3; L. 1994, ch. 352, § 4; L. 1995, ch. 132, § 6; L. 2008, ch. 159, § 23; L. 2014, ch. 82, § 40; July 1.
(a) As used in K.S.A. 75-5542 to 75-5545, inclusive, and amendments thereto, "state agency" means the state, or any department or agency of the state, but not including the Kansas turnpike authority, the university of Kansas hospital authority or any political subdivision of the state.
(b) For the purposes of providing for the payment of compensation for accumulated sick and vacation leave on retirement from state service arising on and after July 1, 1994, and for the payment of accumulated hours of sick leave upon being laid off from state service as provided under K.S.A. 75-4371, and amendments thereto, arising on and after July 1, 1996, there is hereby established the state leave payment reserve fund in the state treasury.
(c) The state leave payment reserve fund shall be liable to pay compensation for accumulated sick and vacation leave on retirement from state service arising on and after July 1, 1994, and for the payment of accumulated hours of sick leave upon being laid off from state service as provided under K.S.A. 75-4371, and amendments thereto, arising on and after July 1, 1996. To this end and for the purposes of K.S.A. 75-5542 to 75-5545, inclusive, and K.S.A. 75-4371, and amendments thereto, all state agencies are hereby deemed to be a single employer whose liabilities specified in subsection (b) are hereby imposed upon the state leave payment reserve fund.
(d) The secretary of administration shall administer the state leave payment reserve fund and all payments from such fund shall be upon warrants of the director of accounts and reports issued pursuant to the system of payroll accounting formulated under K.S.A. 75-5501 et seq., and amendments thereto, or pursuant to K.S.A. 75-5540, and amendments thereto. The director of accounts and reports may issue warrants pursuant to vouchers approved by the secretary for payments from the state leave payment reserve fund notwithstanding the fact that claims for such payments were not submitted or processed for payment from money appropriated for the fiscal year in which the state leave payment reserve fund first became liable to make such payments.
(e) The secretary of administration shall remit all moneys received by or for the secretary in the capacity as administrator of the state leave payment reserve 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 to the credit of the state leave payment reserve fund.
(f) In the computation of accumulated vacation leave, time served as an elected official in an elected position for which vacation leave is not credited shall not be credited to length of service for employees who are appointed to the classified or unclassified service in the executive branch of state government.
History: L. 1992, ch. 207, § 1; L. 1994, ch. 176, § 1; L. 1996, ch. 255, § 10; L. 1999, ch. 168, § 2; L. 2001, ch. 5, § 403; July 1.
(a) Commencing with the first payroll period chargeable to funds appropriated for the fiscal year beginning on July 1, 1994, and for each payroll period thereafter, each state agency shall certify with each payroll, the amount of each leave payment reserve assessment for such state agency, not in conflict with appropriations therefor. The director of accounts and reports shall transfer the amount of each leave payment reserve assessment for such state agency to the credit of the state leave payment reserve fund.
(b) For fiscal years beginning July 1, 1994, and each July 1 thereafter, the secretary of administration shall determine annually the rate of the leave payment reserve assessment for all state agencies based upon the experience of all state agencies. Such rate shall be expressed as a percentage and shall be the same for all state agencies. The secretary of administration may utilize actuarial and other professional assistance in determining the rate of the leave payment reserve assessment under this section. On or before July 15, 1994, and each July 15 thereafter, the director of the budget shall notify each state agency of the rate of the leave payment reserve assessment for the next fiscal year. The secretary of administration may adjust the rate of the leave payment reserve assessment during a fiscal year as necessary to pay projected expenditures as they become due.
(c) The amount of the leave payment reserve assessment for each state agency shall be determined by multiplying the total gross wages for each employee for each payroll period of such state agency, by the rate of the leave payment reserve assessment for the fiscal year.
(d) As used in this section "gross wages" means all compensation for services, including commissions, bonuses, back pay and the value of all remuneration including benefits paid in any medium other than cash. For purposes of this section, "gross wages" shall not include any payments made by the state board of regents pursuant to the provisions of subsection (5) of K.S.A. 74-4927a, and amendments thereto, to a member of the faculty or other person defined in subsection (1)(a) of K.S.A. 74-4925, and amendments thereto.
History: L. 1992, ch. 207, § 2; L. 1994, ch. 176, § 2; L. 2006, ch. 168, § 4; July 1.
Compensation for accumulated sick and vacation leave on retirement from state service arising on and after July 1, 1994, shall be made from the state leave payment reserve fund in the manner specified by the secretary of administration.
History: L. 1992, ch. 207, § 3; L. 1994, ch. 176, § 3; July 1.
The secretary of administration may adopt rules and regulations necessary for the administration of the state leave payment reserve fund, including the processing of payments from such fund. Such rules and regulations shall be subject to the provisions of K.S.A. 75-3706 and amendments thereto and shall be adopted in accordance therewith.
History: L. 1992, ch. 207, § 4; July 1.
This act shall be known and may be cited as the disaster service volunteer leave act.
History: L. 1993, ch. 33, § 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, commission or other state authority or any person requesting a state appropriation;
(b) "disaster" includes disasters designated at level II and above in the American national red cross regulations and procedures.
History: L. 1993, ch. 33, § 2; July 1.
An employee of a state agency who is a certified disaster service volunteer of the American red cross may be granted leave from work with pay for not more than 20 working days in any twelve-month period to participate in specialized disaster relief services for the American red cross, upon the request of the American red cross for the services of that employee and upon the approval of that employee's state agency, without loss of seniority, pay, vacation leave, compensatory time, personal vacation days, sick leave or earned overtime accumulation. The state agency shall compensate an employee granted leave under this section at the employee's regular rate of pay for those regular work hours during which the employee is absent from work. An employee deemed to be on leave under this section shall not be deemed to be an employee of the state for purposes of workers compensation. An employee deemed to be on leave under this section shall not be deemed to be an employee of the state for purposes of the Kansas tort claims act. Leave under this act shall be granted only for services related to a disaster occurring within the state of Kansas and states contiguous to Kansas.
History: L. 1993, ch. 33, § 3; July 1.
The secretary of administration, upon recommendation of the director of personnel services, is hereby authorized to adopt rules and regulations as provided by K.S.A. 75-3706, and amendments thereto, establishing a program for the sharing of leave between employees of the state of Kansas. Employees authorized to share leave pursuant to such rules and regulations shall be authorized to donate annual and sick leave to other state employees who are suffering from, or who have a family member suffering from, an extraordinary or severe illness, injury, impairment or physical or mental condition which has caused, or is likely to cause, the employee to take leave without pay or terminate employment. As used in this section "extraordinary or severe" means serious, extreme or life threatening.
History: L. 1994, ch. 240, § 1; July 1.
Each fiscal year commencing after June 30, 2001, the secretary of administration shall prepare and distribute to each state officer or employee an annual one-page summary of such officer or employee's compensation package from the state, including salary, benefits under the state health care benefits program of the Kansas state employees health care commission, the cafeteria plan administered by the secretary of administration, retirement, insured and other benefits under the Kansas public employees retirement system, paid leave and other benefits provided for under the Kansas civil service act and any other benefits provided to such officer or employee.
History: L. 2000, ch. 112, § 1; April 27.
(a) The compensation program (compensation and benefits opportunity and delivery) for state employees will be designed to support the mission of the various branches of government and the agencies and departments within those branches. The foundation of the compensation program is to attract and retain quality employees with competitive compensation based on relevant labor markets. The programs will be based upon principles of fairness and equity and will be administered with sound fiscal discipline.
(b) The compensation philosophy component statements are:
(1) The legislature will be accountable for the adoption of the compensation philosophy and framework. The executive branch through delegated authority from the governor to the department of administration will be accountable for the consistent administration of the program for classified employees. Agency heads will be accountable for proper administration of the program within their agencies. The chief justice, through delegated authority to the office of judicial administration will be accountable for the consistent administration of the program for judicial branch employees subject to K.S.A. 20-384, and amendments thereto. The state board of regents, through delegated authority to the chief executive officer of each campus, will be accountable for the consistent administration of the program for higher education faculty and non-classified employees. The respective appointing authorities will have accountability for the consistent administration of compensation for non-classified employees.
(2) The compensation program will be based on consistent principles of fairness throughout the state, yet will be flexible to meet changing needs. This will allow for multiple pay plans to fit different needs and market variables for the different branches of government and within those branches.
(3) Establishing the value of compensation will be primarily based on establishing the appropriate market value of the job. For positions for which a market value cannot be readily identified, the value of compensation for those positions will be based on a fair, defensible and understandable method.
(4) While recognizing that service and tenure yields valued experience, pay delivery mechanisms will be based on a combination of achievement of performance objectives, recognition of differences in job content, acquisition and application of further skill and education and pay for the achievement of team/unit or department goals.
(5) All aspects of compensation (base salary, benefits, lump sum payments, allowances and other variable elements of compensation) will be considered as a total compensation package for state employees. The state's pay programs will utilize both fixed and variable compensation as well as non-cash reward and recognition programs.
(6) Total compensation, as defined above, will be targeted at a competitive level when compared to the appropriate labor markets to allow the state to attract and retain the quality and quantity of employees needed to fulfill service commitments to its citizens.
(7) The state is committed to ensuring that its salary structures are up to date through the conduct of market surveys at regular intervals. There will be a planned approach to ensure that the classification structure and classification of employees is kept current.
(8) The compensation programs will reinforce a work culture and climate where employees are recognized and rewarded for their contribution. Any changes to compensation must be reasonable and take into consideration the needs of the state as an employer, the work culture afforded to the employees as public service providers and the citizens receiving services from the state.
(9) It is the intent of the legislature that longevity bonus payments shall not be considered as part of base pay.
History: L. 2008, ch. 159, § 10; L. 2014, ch. 82, § 41; July 1.
On and after July 1, 2009, all moneys budgeted for salaries, wages, compensation and associated employer's contributions for full-time equivalent positions to any state agency, under an approved budget for which appropriations from the state general fund or any special revenue fund of the state treasury are made by act of the legislature, shall be expended for such salaries, wages, compensation and associated employer's contributions for full-time equivalent positions. Such appropriations from the state general fund or any special revenue fund of the state treasury shall not be expended for other purposes in such state agency's budget unless specifically authorized by appropriation act or other act of the legislature.
History: L. 2009, ch. 138, § 1; May 28.
(a) Except as otherwise provided by this section, among all obligations and other amounts that are payable from the state treasury in accordance with the provisions of appropriation acts, the department of administration and each other state agency shall give priority to payment of payroll obligations for salaries and wages for state officers and employees over payment of all other obligations and other amounts that are payable from the state treasury. After the payment of such payroll obligations for salaries and wages for state officers and employees, such other obligations and other amounts may be paid to the extent that resources are available therefor in the state treasury or shall be pended to be paid when sufficient resources are available. The secretary of administration shall implement and administer the provisions of this section. The priority of payment prescribed by this section shall be subject to all applicable requirements, limitations or restrictions under federal or state law, including, but not limited to, the federal American recovery and reinvestment act of 2009, and shall be subject to all applicable requirements, limitations or restrictions prescribed by contracts and other agreements authorized by law, including, but not limited to, debt service payments pursuant to contractual bond obligations, as determined by the secretary of administration, after conferring with the director of the budget.
(b) As used in this section, "salaries and wages" includes all amounts payable for direct and indirect compensation, benefits included in the annual summary of compensation under K.S.A. 75-5550, and amendments thereto, associated employer contributions and other associated payroll obligations and payments.
History: L. 2009, ch. 138, § 2; May 28.
(a) There is hereby created a department of health and environment, the head of which shall be the secretary of health and environment, which office is hereby created. The governor shall appoint the secretary of health and environment, 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 health and environment shall consist of the division of public health, the division of health care finance and the division of environment. The secretary of health and environment shall receive an annual salary fixed by the governor.
(b) The provisions of the Kansas governmental operations accountability law apply to the department of health and environment, and the department is subject to audit, review and evaluation under such law.
History: L. 1974, ch. 351, § 1; L. 1978, ch. 308, § 76; L. 1982, ch. 347, § 74; L. 1992, ch. 116, § 50; L. 2001, ch. 86, § 14; L. 2008, ch. 121, § 30; L. 2012, ch. 102, § 34; L. 2013, ch. 59, § 6; July 1.
(a) All of the powers, duties, functions, records, property and personnel of the existing state board of health and the state department of health including the power to expend funds now or hereafter made available in accordance with appropriation acts are hereby transferred to and conferred and imposed upon the secretary of health and environment created by this order, except as is herein otherwise provided.
(b) The secretary of health and environment created by this order shall be the successor in every way to the powers, duties and functions of the state board of health, the state department of health, and the director of health in which the same were vested prior to the effective date of this order, except as herein otherwise provided. Every act performed under the authority of the secretary of health and environment created by this order shall be deemed to have the same force and effect as if performed by the state board of health, the state department of health or the director of health, in which such functions were vested prior to the effective date of this order.
(c) Whenever the state board of health, or the state department of health, or words of like effect, is referred to or designated by the statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of health and environment created by this order.
(d) Whenever the executive secretary of the state board of health or the director of health, 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 health and environment created by this order.
(e) All rules and regulations and all orders or directives of the state board of health or the director of health 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 secretary of health and environment created by this order, until revised, amended, repealed or nullified pursuant to law.
(f) The secretary of health and environment created by this order shall be a continuation of the state board of health provided to be appointed under K.S.A. 74-901 and the director of health established by K.S.A. 74-901b.
History: L. 1974, ch. 351, § 2; July 1.
(a) There is hereby established within and as a part of the department of health and environment a division of public health, the head of which shall be the director of the division of public health. Under the supervision of the secretary of health and environment, the director of the division of public health shall administer the division of public health. The director shall be a physician, hold a valid license to practice medicine and surgery, and have experience and educational training in the field of public health. The secretary of health and environment shall appoint the director of the division of public health who shall serve at the pleasure of the secretary. The director shall be in the unclassified service and shall receive an annual salary fixed by the secretary and approved by the governor.
(b) Whenever the division of health, or words of like effect, are referred to or designated by statute, contract or other document, such reference or designation shall be deemed to apply to the division of public health.
History: L. 1974, ch. 351, § 3; L. 1974, ch. 352, § 186; L. 1993, ch. 169, § 1; L. 2005, ch. 122, § 6; L. 2008, ch. 159, § 21; L. 2013, ch. 59, § 7; July 1.
(a) All of the powers, duties and functions of the existing division of food and drug, division of registration and health statistics, division of vital statistics established by K.S.A. 65-2402, division of health education, division of epidemiology and disease control, division of maternal and child health, division of child hygiene created by K.S.A. 65-152, division of medical and dental health, and the division of hospital facilities established by K.S.A. 65-412 and the existing director of the division of food and drug, director of the division of registration and health statistics, state registrar of vital statistics established by K.S.A. 65-2405, director of the division of health education, director of the division of epidemiology and disease control, director of the division of maternal and child health, director of the division of medical and dental health and director of the division of hospital facilities established by K.S.A. 65-412, are hereby transferred to and conferred and imposed upon the secretary of health and environment created by this order, except as is herein otherwise provided.
(b) The secretary of health and environment created by this order shall be the successor in every way to the powers, duties and functions of the director of the division of food and drug, director of the division of registration and health statistics, state registrar of vital statistics established by K.S.A. 65-2405, director of the division of health education, director of the division of epidemiology and disease control, director of the division of maternal and child health, director of the division of medical and dental health and director of the division of hospital facilities established by K.S.A. 65-412, in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed under the authority of the secretary of health and environment created by this order shall be deemed to have the same force and effect as if performed by the division of food and drug or the director thereof, respectively, or the division of registration and health statistics or the director thereof, respectively, of the division of vital statistics established by K.S.A. 65-2402, or the state registrar of vital statistics established by K.S.A. 65-2405, respectively, or the division of health education or the director thereof, respectively, or the division of epidemiology and disease control or the director thereof, respectively, or the division of maternal and child health or the director thereof, respectively, or the division of child hygiene created by K.S.A. 65-152, or the division of medical and dental health or the director thereof, respectively, or the division of hospital facilities or the director thereof, respectively, both established by K.S.A. 65-412, in which divisions and directors such functions were vested prior to the effective date of this order.
(c) All powers, duties and functions of existing divisions of the state board of health not specifically transferred nor abolished herein shall be transferred to the secretary of health and environment.
(d) Whenever the director of the division of food and drug or the division of food and drug, or the director of the division of registration and health statistics or the division of registration and health statistics, or the division of vital statistics established by K.S.A. 65-2402 or the state registrar of vital statistics established by K.S.A. 65-2405, or the director of the division of health education or the division of health education, or the director of the division of epidemiology and disease control or the division of epidemiology and disease control, or the director of the division of maternal and child health or the division of maternal and child health, or the division of child hygiene created by K.S.A. 65-152, or the director of the division of medical and dental health or the division of medical and dental health, or the director of the division of hospital facilities or the division of hospital facilities, both established by K.S.A. 65-412, 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 health and environment created by this order.
(e) All orders or directives of the director of the division of food and drug, the director of the division of registration and health statistics, the state registrar of vital statistics established by K.S.A. 65-2405, the director of the division of health education, the director of the division of epidemiology and disease control, the director of the division of maternal and child health, the director of the division of medical and dental health, the director of the division of hospital facilities established by K.S.A. 65-412, in existence on the effective date of this act shall continue to be effective and shall be deemed to be the orders or directives of the secretary of health and environment created by this order until revised, amended, repealed or nullified pursuant to law.
(f) The secretary of health and environment created by this order shall be a continuation of the director of the division of food and drug, the director of the division of registration and health statistics, the state registrar of vital statistics established by K.S.A. 65-2405, the director of the division of health education, the director of the division of epidemiology and disease control, the director of the division of maternal and child health, the director of the division of medical and dental health and the director of the division of hospital facilities established by K.S.A. 65-412.
(g) All orders and directives of the divisions of the state board of health not specifically mentioned nor abolished herein shall be deemed to be the orders of the secretary of health and environment created by this order until revised, amended, repealed or nullified pursuant to law.
History: L. 1974, ch. 351, § 4; L. 1974, ch. 352, § 187; July 1.
There is hereby established within and as a part of the department of health and environment a division of environment, the head of which shall be the director of the division of environment. Under the supervision of the secretary of health and environment, the director of the division of environment shall administer the division of environment. The director shall have experience and educational training in the field of environment. The secretary of health and environment shall appoint the director of the division of environment who shall serve at the pleasure of the secretary. The director shall be in the unclassified service and shall receive an annual salary fixed by the secretary and approved by the state finance council. If a director was an employee of the state of Kansas in a regular classified position under the Kansas civil service act at the time of selection as director, such person, upon the conclusion of service as director, shall be returned to the regular classified position under the Kansas civil service act such person held at the time of appointment as director, and if such position be filled at that time, a temporary additional position shall be created for such person until such time as a vacancy exists in such position. While serving in such temporary additional position the former director shall continue to be a contributing member of the retirement system under which such person was covered while serving as director.
History: L. 1974, ch. 351, § 5; L. 1974, ch. 352, § 188; L. 1995, ch. 213, § 14; December 17.
(a) All of the powers, duties and functions of the existing division of environmental health and the existing director of environmental health and the engineer of the state board of health are hereby transferred to and conferred and imposed upon the secretary of health and environment created by this order, except as is herein otherwise provided.
(b) The secretary of health and environment created by this order shall be the successor in every way to the powers, duties and functions of the director of environmental health and engineer of the state board of health in which the same were vested prior to the effective date of this act, except as is herein otherwise provided. Every act performed under the authority of the secretary of health and environment created by this order shall be deemed to have the same force and effect as if performed by the division of environmental health or the director of environmental health, or the engineer of the state board of health, respectively, in which such functions were vested prior to the effective date of this order.
(c) Whenever the director of the division of environmental health or the engineer of the state board of health or the division of environmental health 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 health and environment created by this order.
(d) All orders or directives of the director of environmental health and the engineer of the state board of health in existence on the effective date of this order shall continue to be effective and shall be deemed to be the orders or directives of the secretary of health and environment created by this order until revised, amended, repealed or nullified pursuant to law.
(e) The secretary of health and environment created by this order shall be a continuation of the existing director of the division of environmental health and the engineer of the state board of health provided to be appointed under K.S.A. 65-170.
History: L. 1974, ch. 351, § 6; July 1.
History: L. 1974, ch. 351, § 7; Repealed, L. 2013, ch. 112, § 25; July 1.
(a) There is hereby established under the supervision of the secretary of health and environment, an office of laboratory services. The office of laboratory services shall provide laboratory information and perform laboratory tests and experiments as directed by the secretary of health and environment and shall exercise such other powers, duties and functions as the secretary of health and environment may direct.
(b) The secretary may adopt rules and regulations for the collection and biological or chemical analysis of samples received by the office of laboratory services. The secretary, by adoption of rules and regulations, may fix fees for any biological or chemical analysis services provided by the office of laboratory services and waive any such fees whenever the secretary finds that waiver is in the interest of protecting the public health and safety. The secretary shall waive fees for such services provided to public health departments and state hospitals. Fees charged and collected shall not exceed the actual cost of the analysis and testing provided by the office of laboratory services.
(c) Fees collected under this section shall be remitted by the secretary 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 office of laboratory services operating fund.
History: L. 1974, ch. 351, § 8; L. 2013, ch. 112, § 6; July 1.
(a) There is hereby created in the state treasury the office of laboratory services operating fund. Expenditures from the office of laboratory services operating fund shall be used by the department of health and environment only for the purposes of operating the office of laboratory services. All such expenditures from the office of laboratory services operating 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 health and environment or the secretary's designee.
(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 office of laboratory services operating fund interest earnings based on:
(1) The average daily balance of moneys in the office of laboratory services operating fund, for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History: L. 2013, ch. 112, § 7; July 1.
(a) All of the powers, duties and functions of the existing division of laboratories and the existing director of the division of laboratories are hereby transferred to and conferred and imposed upon the head of the office of laboratory services created by this act, except as is herein otherwise provided.
(b) The head of the office of laboratory services created by this act shall be the successor in every way to the powers, duties and functions of the director of the division of laboratories in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed under the authority of the head of the office of laboratory services created by this act shall be deemed to have the same force and effect as if performed by the division of laboratories or the director thereof, respectively, in which division and director such functions were vested prior to the effective date of this act.
(c) Wherever the director of the division of laboratories or the division of laboratories 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 head of the office of laboratory services created by this act.
(d) All orders or directives of the director of the division of laboratories in existence on the effective date of this act shall continue to be effective and shall be deemed to be the orders or directives of the head of the office of laboratory services created by this act until revised, amended, repealed or nullified pursuant to law.
History: L. 1974, ch. 351, § 9; July 1.
(a) The secretary of health and environment shall require any employee 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) As used in this section, "employee" means a person who has been offered a position of employment in or any employee of the office of laboratory services of the Kansas department of health and environment who has or will have access to a secured biological laboratory.
History: L. 2013, ch. 58, § 1; L. 2024, ch. 15, § 102; July 1.
(a) Except as otherwise specifically provided by subsection (b) or other law, the secretary of health and environment shall appoint, subject to the Kansas civil service act, all subordinate officers and employees of the respective divisions, bureaus, sections, offices or other units of the department of health and environment, and all such subordinate officers and employees shall be within the classified service under the Kansas civil service act.
(b) On and after July 1, 1983, except as otherwise specifically provided by law, each director of each division of the department of health and environment and the chief administrative officer of the bureau of oil field and environmental geology of the division of environment shall be in the unclassified service under the Kansas civil service act.
History: L. 1974, ch. 351, § 10; L. 1978, ch. 332, § 52; L. 1983, ch. 286, § 15; July 1.
On and after June 18, 1985, all employees of the department of health and environment in the health officer II job class, or any successor job class that may be approved under K.S.A. 75-2938 and amendments thereto and has substantially the same duties and responsibilities, shall be in the unclassified service under the Kansas civil service act.
History: L. 1985, ch. 278, § 3; May 2.
The secretary of health and environment may appoint a chief attorney and other attorneys for the department of health and environment. The chief attorney shall serve at the pleasure of the secretary, shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of health and environment and approved by the governor. The secretary of health and environment may also appoint staff assistants. Such staff assistants and attorneys other than the chief attorney shall be in the classified service under the Kansas civil service act. The secretary of health and environment may appoint one public information officer, 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 of health and environment and approved by the governor.
History: L. 1974, ch. 351, § 11; L. 1978, ch. 332, § 53; L. 1987, ch. 347, § 7; May 28.
History: L. 1982, ch. 258, § 10; Repealed, L. 2004, ch. 145, § 51; July 1, 2005.
(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 reorganization 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 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. 1974, ch. 351, § 12; July 1.
Effective July 1, 1974, officers and employees who were engaged immediately prior to said date in the performance of powers, duties and functions of any existing state agency which becomes a part of the department of health and environment created by this act or the powers duties and functions of which are transferred to the department of health and environment created by this act, and who, in the opinion of the secretary of health and environment, are necessary to perform the powers, duties and functions of the department of health and environment, or of any division, section or other unit thereof shall become officers and employees of the department of health and environment, and shall retain all retirement benefits and all rights of civil service which such officer or employee had before July 1, 1974, 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. This section shall not apply to members of boards, commissions and councils.
History: L. 1974, ch. 351, § 13; July 1.
History: L. 1974, ch. 351, § 14; L. 1975, ch. 328, § 8; L. 1975, ch. 461, § 1; L. 1984, ch. 335, § 16; Repealed, L. 1988, ch. 352, § 3; July 1.
History: L. 1974, ch. 351, § 15; L. 1975, ch. 416, § 26; Repealed, L. 1988, ch. 352, § 3; July 1.
The secretary of health and environment may create advisory committees. Such advisory committees shall receive as compensation an amount determined by the secretary and approved by the finance council.
History: L. 1974, ch. 351, § 16; July 1.
In all cases where, under the provisions of this order, part or all of the powers, duties and functions of any existing state agency are divided between the department of health and environment and any other existing state agency or newly created department, division or officer, the department of health and environment shall succeed to all property and records which were used for, or pertained to, the performance of the powers, duties and functions transferred to it. Any conflict as to the proper disposition of such property or records arising under this section, and resulting from the transfer or abolishment, of any existing 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. 1974, ch. 351, § 17; 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 order, or under authority of this order, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
History: L. 1974, ch. 351, § 18; July 1.
The secretary of health and environment may organize the department of health and environment in the manner he or she deems most efficient, so long as the same is not in conflict with law. The division heads and staff assistants shall perform such duties and exercise such powers as are prescribed by law and such other duties as the secretary of health and environment may prescribe. Such division heads shall act for, and exercise the powers of the secretary of health and environment to the extent authority to do so is delegated by the secretary of health and environment. The secretary of health and environment shall delegate to the director of the division of environment, created by this act, the powers, duties and functions vested in the division of environmental health, director of the division of environmental health and engineer of the state board of health prior to the effective date of this act, except as is herein otherwise provided. 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: L. 1974, ch. 351, § 19; July 1.
Not more than six (6) months after the effective date of this order, the secretary of health and environment shall report to the governor, the speaker of the house of representatives and the president of the senate. Such report shall contain specific recommendations for possible consolidation or transfer of powers, duties or functions within the department of health and environment.
History: L. 1974, ch. 351, § 20; July 1.
The Kansas state department of health, the state board of health, the division of environmental health, the director of the division of environmental health, the division of food and drug, the director of the division of food and drug, the division of laboratories, the director of the division of laboratories, the division of registration and health statistics, the director of the division of registration and health statistics, the division of vital statistics established by K.S.A. 65-2402, the state registrar of vital statistics established by K.S.A. 65-2405, the division of health education, the director of the division of health education, the division of epidemiology and disease control, the director of the division of epidemiology and disease control, the division of maternal and child health, the director of the division of maternal and child health, the division of child hygiene created by K.S.A. 65-152, the division of medical and dental health, the director of the division of medical and dental health, the division of hospital facilities, the director of the division of hospital facilities, both established by K.S.A. 65-412, are upon the effective date of this order abolished. All functions of such department, board, divisions and officers are transferred as provided in this act and no function is abolished hereby.
History: L. 1974, ch. 351, § 21; July 1.
The air quality conservation commission created by K.S.A. 65-3004, the solid waste advisory council created by K.S.A. 65-3403 and 65-3404, the water well contractors advisory council created by K.S.A. 82a-1204 and all existing committees created under the authority of K.S.A. 49-419 are hereby abolished.
History: L. 1974, ch. 351, § 22; July 1.
Except as otherwise provided in this order, the secretary of health and environment 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 health and environment.
History: L. 1974, ch. 351, § 23; July 1.
The secretary of health and environment shall keep a seal which shall be surrounded by the words "secretary of health and environment of Kansas," which shall be of such diameter and with such device as the governor and the secretary of health and environment may prescribe, an impression of which shall be filed in the office of secretary of state.
History: L. 1974, ch. 351, § 24; July 1.
The secretary of health and environment shall adopt all general policies and rules and regulations relating to all forms of health and environment which are administered or supervised by or under the department of health and environment.
History: L. 1974, ch. 351, § 25; July 1.
(a) The state food service and lodging board created by K.S.A. 74-3801 is hereby abolished, and all of the powers, duties and functions of said state food service and lodging board are hereby transferred to and conferred and imposed upon the secretary of health and environment.
(b) The secretary of health and environment shall be a continuation of the state food service and lodging board and shall be the successor in every way to the powers, duties and functions of the state food service and lodging 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 secretary of health and environment shall be deemed to have the same force and effect as if performed by the state food service and lodging board in which such functions were vested prior to the effective date of this act.
(c) Whenever the state food service and lodging 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 secretary of health and environment.
(d) All rules and regulations of the state food service and lodging board in existence on the effective date of this act shall continue in force and effect and shall be deemed to be duly adopted rules and regulations of the secretary of health and environment, until revised, amended, revoked or nullified pursuant to law.
(e) All orders and directives of the state food service and lodging board in existence on the effective date of this act shall continue in force and effect and shall be deemed to be duly issued orders and directives of the secretary of health and environment, until revised, amended or nullified pursuant to law.
History: L. 1975, ch. 314, § 1; July 1.
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 the state food service and lodging board and who, in the opinion of the secretary of health and environment, are necessary to perform the powers, duties and functions of the department of health and environment, shall become officers and employees of the department of health and environment. 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 the effective date of this act, and the service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers and any abolishment of positions 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. 314, § 2; July 1.
(a) 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 abolishment or transfer 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.
(b) The department of health and environment 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 department under the provisions of this act. Any conflict as to the proper disposition of such property or records arising under this section, and resulting from the abolishment of the state food service and lodging board and the transfer of the board's powers, duties and functions to the secretary of health and environment, shall be determined by the governor, whose decision shall be final.
History: L. 1975, ch. 314, § 3; July 1.
History: L. 1975, ch. 314, § 4; L. 1982, ch. 181, § 3; Repealed, L. 1988, ch. 301, § 33; July 1.
Revisor's Note: For later act, see 74-2126 et seq.
History: L. 1975, ch. 307, § 1; L. 1975, ch. 308, § 1; Repealed, L. 1984, ch. 244, § 23; July 1.
History: L. 1975, ch. 307, § 2; L. 1975, ch. 308, § 2; L. 1981, ch. 356, § 1; Repealed, L. 1984, ch. 244, § 23; July 1.
History: L. 1975, ch. 307, § 3; L. 1975, ch. 308, § 3; Repealed, L. 1984, ch. 244, § 23; July 1.
History: L. 1975, ch. 307, §§ 4 to 7; Repealed, L. 1984, ch. 244, § 23; July 1.
For the purpose of consolidating and coordinating certain functions within the executive branch of state government, the crippled children's commission established by K.S.A. 74-3401 is hereby abolished, and all of the powers, duties, functions, records, property and personnel of the crippled children's commission are hereby transferred to the secretary of health and environment, except as otherwise provided in this order.
History: L. 1977, ch. 283, § 1; July 1.
(a) The secretary of health and environment shall be the successor in every way to the powers, duties and functions of the crippled children's commission in which such powers, duties and functions were vested prior to the effective date of this order, except as otherwise provided in this order.
(b) The secretary of health and environment shall be the successor in every way to the powers, duties and functions of the administrative officer of the crippled children's commission in which the same were vested prior to the effective date of this order, except as otherwise provided in this order.
(c) Whenever the commission for crippled children or crippled children's 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 secretary of health and environment.
(d) Whenever the administrative officer of the crippled children's 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 secretary of health and environment.
(e) All rules and regulations and all orders and directives of the crippled children's commission 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 secretary of health and environment, until revised, amended, repealed or nullified pursuant to law.
History: L. 1977, ch. 283, § 2; July 1.
On the effective date of this order, all unexpended balances of appropriations to the crippled children's commission and all moneys received by the crippled children's commission from private persons or organizations shall be transferred to the secretary of health and environment to carry out the powers, duties and functions transferred to the secretary by the provisions of this order.
History: L. 1977, ch. 283, § 3; July 1.
No suit, action, or other proceedings, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the crippled children's commission abolished by this order, or by or against any employee of the crippled children's commission 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 crippled children's commission or any employee affected.
History: L. 1977, ch. 283, § 4; July 1.
On the effective date of this order, all officers and employees who were engaged immediately prior to the effective date of this order in the performance of powers, duties and functions of the crippled children's commission and who, in the opinion of the secretary of health and environment, are necessary to perform the powers, duties and functions transferred to the secretary of health and environment under the provisions of this order shall become officers and employees of the department of health and environment. 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 the effective date of this order, and the service of each such officer and employee so transferred 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.
History: L. 1977, ch. 283, § 5; July 1.
(a) 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 by the crippled children's commission from private persons or organizations as a result of any abolishment or transfer made by this order, or under authority of this order, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
(b) When any conflict arises as to the proper disposition of any property or records as a result of any abolishment or transfer made under this order, or under authority of this order, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
History: L. 1977, ch. 283, § 6; July 1.
There is hereby created an advisory commission for children with special health care needs, which shall consist of five members and which shall be within the department of health and environment as a part thereof. Persons serving as members of the advisory commission for children with special health care needs immediately prior to the effective date of this act shall become members of the advisory commission for children with special health care needs and shall serve until the expiration of the terms for which they were appointed as members of the advisory commission for children with special health care needs. On the expiration of any member's term of office, the governor shall appoint a successor who shall serve for a term of four years, and until a successor has been appointed and qualified. Any vacancy on the advisory commission for children with special health care needs shall be filled by the governor for the unexpired term.
Members of the advisory commission for children with special health care needs attending meetings of such commission, or attending a subcommittee meeting thereof authorized by such commission, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto.
History: L. 1977, ch. 283, § 7; L. 1984, ch. 226, § 10; L. 1988, ch. 241, § 10; July 1.
The advisory commission for children with special health care needs shall consult with and advise the secretary of health and environment on matters relating to children with special health care needs. All expenditures by the secretary of health and environment from the special bequest fund shall be subject to the approval of the advisory commission for children with special health care needs. The advisory commission for children with special health care needs shall meet at least once each year or upon the call of the secretary of health and environment. The secretary of health and environment shall provide to the advisory commission for children with special health care needs all necessary clerical services.
History: L. 1977, ch. 283, § 8; L. 1984, ch. 226, § 11; L. 1988, ch. 241, § 11; July 1.
On July 1, 1977, 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 crippled children's commission or the powers, duties and functions transferred to the secretary of health and environment by this order, shall be assumed and paid by the department of health and environment.
History: L. 1977, ch. 283, § 9; July 1.
Whenever the crippled and chronically ill children's program is referred to or designated by statute, contract or other document, such reference or designation shall be deemed to apply to services for children with special health care needs.
History: L. 1988, ch. 241, § 12; July 1.
Whenever the advisory commission for crippled and chronically ill children is referred to or designated by statute, contract or other document, such reference or designation shall be deemed to apply to the advisory commission for children with special health care needs.
History: L. 1988, ch. 241, § 13; July 1.
As used in this act:
(a) "Infants and toddlers with disabilities" means children from birth through two years of age who need early intervention services because:
(1) They are experiencing developmental delays; or
(2) they have a diagnosed mental or physical condition that has a high probability of resulting in developmental delay.
(b) "Early intervention services" means developmental services which are designed to meet the developmental needs of each eligible child and the needs of the family related to enhancing the child's development.
(c) "Lead agency" means the Kansas department of health and environment, designated by the governor to perform the duties described in K.S.A. 75-5649 and amendments thereto.
(d) "Council" means the coordinating council on early childhood developmental services established in K.S.A. 74-7801 to 74-7803 and amendments thereto.
(e) "Local council" means an interagency coordinating council established in a local community for the purpose of coordinating early intervention services for infants and toddlers with disabilities and their families who reside within that local community.
History: L. 1992, ch. 126, § 1; July 1.
The secretary of health and environment may adopt rules and regulations in order to carry out the responsibilities of the lead agency under PL 102-119, Part H which include, but are not limited to:
(a) The administration of federal and state funds designated for this program;
(b) the entry into contracts with agencies in a local community which have been designated by a local council as the providers of services within their community;
(c) the development of procedures to ensure that services are provided to infants and toddlers with disabilities and their families in a timely manner;
(d) a procedure for contracting or making of other arrangements with service providers to provide early intervention services in Kansas;
(e) procedural safeguards with respect to programs under this early intervention system shall include, but are not limited to, procedures which address resolution of complaints, confidentiality issues, ability of parents to examine records, informed consent, provision of services during disputes and adequate notice to parents;
(f) procedures relating to the establishment and maintenance of standards to ensure that personnel necessary to carry out this program are appropriately and adequately prepared and trained;
(g) a system for compiling data on the numbers of infants and toddlers with disabilities and their families in Kansas in need of appropriate early intervention services, the number of such infants and toddlers and their families served, types of services provided, and other information required by the United States secretary of education;
(h) the development of an early intervention service system which shall consist of local councils which plan and coordinate early intervention services for infants and toddlers with disabilities and their families; and
(i) a procedure for making grants or other funding mechanisms, within the limits of appropriations, by the secretary of health and environment to local community agencies or entities to provide comprehensive, coordinated, multidisciplinary, interagency, early intervention services for infants and toddlers with disabilities and their families.
History: L. 1992, ch. 126, § 2; July 1.
History: L. 1990, ch. 271, § 1; L. 1992, ch. 116, § 51; Repealed, L. 2000, ch. 10, § 1; July 1.
History: L. 1988, ch. 352, § 1; Repealed, L. 1992, ch. 192, § 17; July 1.
(a) On and after January 1, 1990, the state of Kansas shall provide state environmental protection grants to local health departments or other local entities for the purpose of developing and implementing environmental protection plans and programs. A local entity or the Kansas department of health and environment may enter into contracts to develop, implement or carry out any elements of the local environmental protection plan or program.
(b) The governing board of any local health department or other local entity desiring to receive a state environmental protection grant pursuant to this act shall indicate its intent to develop an environmental protection plan to implement the environmental protection strategy of the state water plan. An environmental protection plan should include, but not be limited to, the sanitary code, subdivision water and wastewater plan, solid waste management plan, hazardous waste management plan, public water supply protection plan and nonpoint source pollution control plan.
(c) A local health department or other local entity may request certification by the secretary that it has an approved environmental protection plan and is prepared to assume a program of permitting, inspection, compliance and enforcement of specified elements of the department's environmental protection plan. The secretary shall provide guidance on achieving environmental results for certification of local programs and audit annually each local program based on achievement of environmental results.
(d) The secretary of health and environment may adopt such rules and regulations as necessary for the administration of this section.
History: L. 1989, ch. 186, § 35; May 18.
(a) There is hereby established in the state treasury the driving under the influence fund.
(b) Moneys in the driving under the influence fund shall be used by the department of health and environment only for the purposes of: (1) Purchasing breath alcohol concentration testing equipment, including, but not limited to, laboratory enhancement; (2) for purposes relating to presentation of evidence in prosecution in cases involving driving under the influence; and (3) establishing and maintaining drivers' safety and breath alcohol programs.
(c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the driving under the influence fund interest earnings based on:
(1) The average daily balance of moneys in the driving under the influence fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All expenditures from the driving under the influence 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 health and environment or the secretary's designee.
(e) On the effective date of this act:
(1) The director of accounts and reports shall transfer all moneys in the driving under the influence equipment fund to the driving under the influence fund;
(2) all liabilities of the driving under the influence equipment fund existing prior to that date are hereby imposed on the driving under the influence fund; and
(3) the driving under the influence equipment fund is hereby abolished.
History: L. 1995, ch. 208, § 4; L. 2002, ch. 33, § 1; L. 2014, ch. 1, § 5; July 1.
(a) As used in this section, "exposed to rabies" means a bite, scratch or abrasion by a known or suspected rabid mammal, or open wound or mucous membrane contact with the saliva or brain tissue from a known or suspected rabid mammal.
(b) Any law enforcement officer or local health officer, upon private or public property, may take up any mammal which has exposed to rabies a person or other mammal.
(c) The mammal shall be managed in a manner as described in rules and regulations adopted by the secretary of health and environment.
History: L. 1996, ch. 26, § 1; July 1.
(a) The secretary of health and environment shall publish all general policies, guidelines, standards and other documents that are used by the division of environment as part of the division's regulatory functions. The publication shall be supplemented at least annually. The division of the environment shall make the publication available upon request for a fee to be fixed by the secretary in an amount which will recover only the cost incurred by the division for printing and binding such materials, except that the fee for the original publication of all such documents shall not exceed $75 and the fee for the annual supplement shall not exceed $15. The publication or supplement may incorporate by reference or contain a bibliographic listing of documents that are published or protected by copyright if such documents are generally available to the public or are provided by the division to any citizen upon request in accordance with the provisions of K.S.A. 45-219 et seq., and amendments thereto.
(b) There is hereby established in the state treasury the health and environment publication fee fund. All moneys received by the department of health and environment from fees received pursuant to subsection (a) 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 health and environment publication fee fund. Moneys in such fund shall be used only for paying the expenses of publishing documents as required by subsection (a). 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 health and environment or a person designated by the secretary.
History: L. 1996, ch. 189, § 1; L. 2001, ch. 5, § 404; July 1.
As used in K.S.A. 75-5663 to 75-5670, inclusive, and amendments thereto:
(a) "Advisory committee" means the advisory committee on trauma established under K.S.A. 75-5664, and amendments thereto.
(b) "Council" means one of the regional trauma councils.
(c) "Hospital" means a hospital as defined by K.S.A. 65-425, and amendments thereto.
(d) "Physician" means a person licensed by the state board of healing arts to practice medicine and surgery.
(e) "Secretary" means the secretary of health and environment.
History: L. 1999, ch. 127, § 1; July 1.
(a) There is hereby established an advisory committee on trauma. The advisory committee on trauma shall be advisory to the secretary of health and environment and shall be within the division of public health of the department of health and environment as a part thereof.
(b) The advisory committee on trauma shall be composed of 24 members representing both rural and urban areas of the state appointed as follows:
(1) Two members shall be persons licensed to practice medicine and surgery appointed by the governor. At least 30 days prior to the expiration of terms described in this section, for each member to be appointed under this section, the Kansas medical society shall submit to the governor a list of three names of persons of recognized ability and qualification. The governor shall consider such list of persons in making appointments to the board under this paragraph.
(2) One member shall be licensed to practice osteopathic medicine appointed by the governor. At least 30 days prior to the expiration of the term of the member appointed under this section, the Kansas association of osteopathic medicine shall submit to the governor a list of three persons of recognized ability and qualification. The governor shall consider such list of persons in making appointments to the board under this paragraph.
(3) Three members shall be representatives of hospitals appointed by the governor. At least 30 days before the expiration of terms described in this section, for each member to be appointed under this section, the Kansas hospital association shall submit to the governor a list of three names of persons of recognized ability and qualification. The governor shall consider such list of persons in making appointments to the board under this paragraph.
(4) Two members shall be licensed professional nurses specializing in trauma care or emergency nursing appointed by the governor. At least 30 days before the expiration of terms described in this section, for each member to be appointed under this section, the Kansas state nurses association shall submit to the governor a list of three names of persons of recognized ability and qualification. The governor shall consider such list of persons in making appointments to the board under this paragraph.
(5) Two members shall be emergency medical service providers as defined in K.S.A.
65-6112, and amendments thereto, who are on the roster of an ambulance service permitted by the board of emergency medical services. At least 30 days prior to the expiration of one of these positions, the Kansas emergency medical services association shall submit to the governor a list of three persons of recognized ability and qualification. The governor shall consider such list of persons in making this appointment to the board. For the other member appointed under this section, at least 30 days prior to the expiration of the term of such member, the Kansas emergency medical technician association shall submit a list of three persons of recognized ability and qualification. The governor shall consider such list of persons in making appointments to the board under this paragraph.
(6) Two members shall be administrators of ambulance services, one rural and one urban, appointed by the governor. At least 30 days prior to the expiration of the terms of such members, the Kansas emergency medical services association and Kansas emergency medical technician association in consultation shall submit to the governor a list of four persons of recognized ability and qualification. The governor shall consider such list of persons in making this appointment to the board under this paragraph.
(7) Six members shall be representatives of regional trauma councils, one per council, appointed by the governor. At least 30 days prior to the expiration of one of these positions, the relevant regional trauma council shall submit to the governor a list of three persons of recognized ability and qualification. The governor shall consider such list of persons in making these appointments to the board.
(8) The secretary of health and environment or the secretary's designee of an appropriately qualified person shall be an ex officio representative of the department of health and environment.
(9) The chairperson of the emergency medical services board or the chairperson's designee shall be an ex officio member.
(10) The chairperson and ranking minority member or their designees of the committee on health and human services of the house of representatives and the chairperson and ranking minority member or their designees from the committee on public health and welfare of the senate shall be members.
(c) All members shall be residents of the state of Kansas. Particular attention shall be given so that rural and urban interests and geography are balanced in representation. Organizations that submit lists of names to be considered for appointment by the governor under this section shall insure that names of people who reside in both rural and urban areas of the state are among those submitted. At least one person from each congressional district shall be among the members. Of the members appointed under subsections (b)(1) through (b)(7): Six shall be appointed to initial terms of two years; six shall be appointed to initial terms of three years; and six shall be appointed to initial terms of four years. Thereafter members shall serve terms of four years and until a successor is appointed and qualified. In the case of a vacancy in the membership of the advisory committee, the vacancy shall be filled for the unexpired term in like manner as that provided in subsection (b).
(d) The advisory committee shall meet quarterly and at the call of the chairperson or at the request of a majority of the members. At the first meeting of the advisory committee after July 1 each year, the members shall elect a chairperson and vice-chairperson who shall serve for terms of one year. The vice-chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson.
(e) The advisory committee shall be advisory to the secretary of health and environment on all matters relating to the implementation and administration of this act.
(f) (1) Any meeting of the advisory committee or any part of a meeting of the advisory committee during which a review of incidents of trauma injury or trauma care takes place shall be conducted in closed session. The advisory committee and officers thereof when acting in their official capacity in considering incidents of trauma injury or trauma care shall constitute a peer review committee and peer review officers for all purposes of K.S.A.
65-4915, and amendments thereto.
(2) The advisory committee or an officer thereof may advise, report to and discuss activities, information and findings of the committee that relate to incidents of trauma injury or trauma care with the secretary of health and environment as provided in subsections (a) and (e) without waiver of the privilege provided by this subsection and K.S.A.
65-4915, and amendments thereto, and the records and findings of such committee or officer that are privileged under this subsection and K.S.A.
65-4915, and amendments thereto, shall remain privileged as provided by this subsection and K.S.A.
65-4915, and amendments thereto.
(g) Members of the advisory committee attending meetings of the advisory committee or attending a subcommittee of the advisory committee or other authorized meeting of the advisory committee shall not be paid compensation but shall be paid amounts provided in K.S.A.
75-3223(e), and amendments thereto.
History: L. 1999, ch. 127, § 2; L. 2001, ch. 162, § 1; L. 2011, ch. 114, § 37; L. 2013, ch. 59, § 8; L. 2016, ch. 82, § 13; L. 2019, ch. 64, § 37; L. 2021, ch. 111, § 6; June 3.
History: L. 1999, ch. 127, § 2; L. 2001, ch. 162, § 1; L. 2011, ch. 114, § 37; L. 2013, ch. 59, § 8; L. 2016, ch. 82, § 13; L. 2019, ch. 64, § 37; L. 2021, ch. 82, § 16; Repealed, L. 2022, ch. 88, § 5; July 1.
(a) The secretary of health and environment, after consultation with and consideration of recommendations from the advisory committee, shall:
(1) Adopt rules and regulations necessary to carry out the provisions of this act, including fixing, charging and collecting fees from trauma facilities to recover all or part of the expenses incurred in the designation of trauma facilities pursuant to paragraph (6);
(2) develop a statewide trauma system plan including the establishment of regional trauma councils, using the 2001 Kansas EMS-Trauma Systems Plan study as a guide and not more restrictive than state law. The secretary shall ensure that each council consist of at least six members. Members of the councils shall consist of persons chosen for their expertise in and commitment to emergency medical and trauma services. Such members shall be chosen from the region and include prehospital personnel, physicians, nurses and hospital personnel involved with the emergency medical and trauma services and a representative of a county health department. The plan should:
(A) Maximize local and regional control over decisions relating to trauma care;
(B) minimize bureaucracy;
(C) adequately protect the confidentiality of proprietary and personal health information;
(D) promote cost effectiveness;
(E) encourage participation by groups affected by the system;
(F) emphasize medical direction and involvement at all levels of the system;
(G) rely on accurate data as the basis for system planning and development; and
(H) facilitate education of health care providers in trauma care;
(3) plan, develop and administer a trauma registry to collect and analyze data on incidence, severity and causes of trauma and other pertinent information that may be used to support the secretary's decision-making and identify needs for improved trauma care;
(4) provide all technical assistance to the regional councils as necessary to implement the provisions of this act;
(5) collect data elements for the trauma registry that are consistent with the recommendations of the American college of surgeons committee on trauma and centers for disease control;
(6) designate trauma facilities by level of trauma care capabilities after considering the American college of surgeons committee on trauma standards and other states' standards except that trauma level designations shall not be based on criteria that place practice limitations on registered nurse anesthetists not required by state law;
(7) develop a phased-in implementation schedule for each component of the trauma system, including the trauma registry, that considers the additional burden placed on the emergency medical and trauma providers;
(8) develop standard reports to be utilized by the regional trauma councils and those who report data to the registry in performing their functions;
(9) assess the fiscal impact on all components of the trauma system, and thereafter recommend other funding sources for the trauma system and trauma registry;
(10) prepare and submit an annual budget in accordance with the provisions of this act. Such budget shall include costs for the provision of technical assistance to the regional trauma councils and the cost of developing and maintaining the trauma registry and analyzing and reporting on the data collected; and
(11) enter into contracts as deemed necessary to carry out the duties and functions of the secretary under this act.
(b) (1) Any meeting of a regional trauma council or any part of a meeting of such a council during which a review of incidents of trauma injury or trauma care takes place shall be conducted in closed session. A regional trauma council and the officers thereof when acting in their official capacity in considering incidents of trauma injury or trauma care shall constitute a peer review committee and peer review officers for all purposes of K.S.A. 65-4915, and amendments thereto.
(2) A regional trauma council or an officer thereof may advise, report to and discuss activities, information and findings of the council that relate to incidents of trauma injury or trauma care with the secretary of health and environment and make reports as provided in this section without waiver of the privilege provided by this subsection and K.S.A. 65-4915, and amendments thereto, and the records and findings of such council or officer that are privileged under this subsection and K.S.A. 65-4915, and amendments thereto, shall remain privileged as provided by this subsection and K.S.A. 65-4915, and amendments thereto.
History: L. 1999, ch. 127, § 3; L. 2006, ch. 111, § 1; L. 2011, ch. 114, § 38; L. 2016, ch. 82, § 14; L. 2021, ch. 111, § 7; June 3.
History: L. 1999, ch. 127, § 3; L. 2006, ch. 111, § 1; L. 2011, ch. 114, § 38; L. 2016, ch. 82, § 14; L. 2021, ch. 82, § 17; Repealed, L. 2024, ch. 100, § 16; July 1.
(a) The secretary of health and environment shall develop and maintain a statewide trauma registry. All prehospital trauma providers, designated trauma facilities and medical care facilities that provide any service or care to or for persons with trauma injury in this state shall collect and report to the trauma registry data and information deemed appropriate by the secretary to monitor patient outcome.
(b) The secretary is hereby authorized to collect data pertaining to all trauma care occurring in Kansas. The secretary shall adopt rules and regulations which use the most efficient, least intrusive means for collecting the trauma care data consistent with ensuring the quality, timeliness, completeness and confidentiality of the trauma registry.
(c) Any health care provider, whether a person or institution, who reports trauma information to the registry in good faith and without malice, in accordance with the requirements of this section, shall have immunity from any liability, civil or criminal, which might otherwise be incurred or imposed in an action resulting from such report. Notwithstanding K.S.A. 60-427, and amendments thereto, there shall be no privilege preventing the furnishing of such information or reports as required by this act by any health care provider. Nothing in this section shall be construed to apply to the unauthorized disclosure of confidential or privileged information when such disclosure is due to gross negligence or willful misconduct.
(d) The information obtained by the trauma registry, including discussions and activities using the information generated from the trauma registry, shall be confidential and shall not be disclosed or made public, upon subpoena or otherwise, except such information may be disclosed if:
(1) No person can be identified in the information to be disclosed and the disclosure is for statistical purposes;
(2) all persons who are identifiable in the information to be disclosed consent in writing to its disclosure;
(3) the disclosure is necessary, and only to the extent necessary, to protect the public health and to support quality improvement as defined in K.S.A. 65-4914 and 65-4915, and amendments thereto; or
(4) the information to be disclosed is required in a court proceeding involving child abuse and the information is disclosed in camera.
History: L. 1999, ch. 127, § 4; L. 2006, ch. 111, § 2; July 1.
To aid the purposes of K.S.A. 75-5663 through 75-5666, and amendments thereto, one of the documents given to the trauma patient or responsible party accompanying the trauma patient shall contain a disclosure statement stating that nonidentifying data regarding the trauma injury and trauma care may be reported to a central registry to facilitate better prevention and care of trauma injuries.
History: L. 1999, ch. 127, § 5; July 1.
Nothing in the trauma system act shall limit a patient's right to choose the physician, hospital, facility, rehabilitation center, specialty level burn or pediatric trauma center, or other provider of health care services. Nothing in K.S.A. 75-5663 to 75-5670, inclusive, and amendments thereto, shall limit an individual's right to choose care in accordance with a method of treatment which relies on spiritual means alone for healing.
History: L. 1999, ch. 127, § 6; July 1.
The statutes, rules and regulations and procedures shall be consistent with the federal consolidated omnibus budget reconciliation act of 1989, 42 U.S.C. § 1395cc (COBRA) and the emergency medical treatment and active labor act, 42 U.S.C. § 1395dd (EMTALA).
History: L. 1999, ch. 127, § 7; July 1.
(a) There is hereby established in the state treasury the trauma fund which shall be administered by the secretary of health and environment. All moneys received from fees collected under K.S.A. 12-4117 and 28-172a, and amendments thereto, for the purpose of financing the activities and expenses of the secretary in administration of K.S.A. 75-5663 to 75-5670, inclusive, and amendments thereto, regional trauma councils, and the trauma registry, 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 trauma fund. All expenditures from the trauma 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 such secretary.
(b) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the trauma fund established in subsection (a) interest earnings based on:
(1) The average daily balance of money in the trauma fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History: L. 1999, ch. 127, § 8; L. 1999, ch. 151, § 1; L. 2001, ch. 5, § 405; July 1.
(a) As used in this section:
(1) "Consent decree agreement" means any consent decree agreement entered into pursuant to K.S.A. 74-8922, and amendments thereto, between the department and the oz entertainment company associated with the remediation of environmental contamination at the sunflower army ammunition plant located at De Soto, Kansas.
(2) "Department" means the department of health and environment.
(3) "Qualified expenses" means costs of remediation which are determined to be qualified expenses pursuant to a consent decree agreement.
(4) "Secretary" means the secretary of health and environment.
(b) There is hereby established in the state treasury the sunflower army ammunition plant remediation trust fund, to be administered by the secretary.
(c) The department shall remit to the state treasurer any proceeds received by the department from the payment obligation surety bond furnished by the oz entertainment company to the department pursuant to a consent decree agreement. Upon receipt of such proceeds, the state treasurer shall deposit the entire amount in the state treasury and credit it to the sunflower army ammunition plant remediation trust fund.
(d) Moneys in the sunflower army ammunition plant remediation trust fund shall be expended only for payment of qualified expenses of remediation of environmental contamination at the sunflower army ammunition plant for which the oz entertainment company has accepted responsibility for payment. Moneys in the fund shall be expended for no other governmental purpose.
(e) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the sunflower army ammunition plant remediation trust fund interest earnings based on:
(1) The average daily balance of moneys in the sunflower army ammunition plant remediation trust fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(f) All expenditures from the sunflower army ammunition plant remediation trust 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 for the purposes set forth in this section.
History: L. 2000, ch. 129, § 1; April 27.
(a) As used in this section:
(1) "Department" means the department of health and environment.
(2) "Secretary" means the secretary of health and environment.
(3) "Fund" means the natural resources damages trust fund.
(b) There is hereby created in the state treasury the natural resources damages trust fund. All moneys received pursuant to subsections (d), (e) and (f) shall be remitted to the state treasurer. Upon receipt of such remittance, the state treasurer shall deposit the entire amount in the state treasury and credit it to the natural resources damages trust fund.
(c) All moneys credited to the fund shall be used to pay the cost of:
(1) The design, review, implementation or oversight of the implementation of natural resources and environmental restoration plans;
(2) contracting for services needed to supplement the department's staff expertise in natural resource restoration activities;
(3) mitigation of adverse environment impacts;
(4) emergency or long-term remedial activities;
(5) legal costs, including expert witness fees, incurred in the recovery of fund expenditures;
(6) state cost share for restoration activities undertaken in conjunction with the federal government or others; and
(7) administrative costs necessary to administer the fund.
(d) There is hereby created the natural resources restoration activities federal account in the natural resources damages trust fund. All moneys received from the federal government that are designated for natural resource restoration activities shall be credited to such account.
(e) There is hereby created the natural resources restoration activities general account in the natural resources damages trust fund. All moneys received solely by the state as cost recoveries, settlements, grants and donations from other sources that are designated for natural resource restoration activities shall be credited to such account. All moneys credited to such account shall be used for the purposes as designated in the granting or collection document.
(f) There is hereby created the emergency response activities account in the natural resources damages trust fund. All moneys received by the secretary in the form of gifts, grants, reimbursements, appropriations, cost recoveries or funds collected from other sources that are designated for emergency response activities in accordance with this act shall be credited to such account.
(g) All expenditures from the natural resources damages trust 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 or by a person or persons designated by the secretary.
(h) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the natural resources damages trust fund interest earnings based on:
(1) The average daily balance of moneys in the natural resources damages trust fund for the preceding month; and
(2) the net earnings of the pooled money investment portfolio for the preceding month.
History: L. 2001, ch. 98, § 1; April 19.
(a) The secretary of health and environment shall establish a statewide atmospheric mercury deposition monitoring network to measure mercury deposition in Kansas.
(b) The secretary of health and environment shall contract with a laboratory that has demonstrated capability to perform appropriate analysis of the samples collected and to provide reports in a form acceptable to the secretary. After analysis, data and analysis reports, including data on long term trends, shall be provided to the public through a website. Data also will be posted to a national database designated by the secretary.
(c) The secretary of health and environment shall ensure that data collected from the network and analyses of those data are made available specifically to Kansas-based research institutes and scientists for exploration of the impact of mercury on Kansas flora, fauna and human population.
History: L. 2007, ch. 137, § 1; L. 2014, ch. 112, § 3; July 1.
The secretary of health and environment shall establish and maintain family planning centers in cooperation with the secretary for children and families and county, city-county and multicounty health departments. Such family planning centers, upon request of any person who is over 18 years of age and who is married or who has been referred to such center by a person licensed to practice medicine and surgery and who resides in this state, may furnish and disseminate information concerning, and means and methods of planned parenthood, including such contraceptive devices as recommended by the secretary of health and environment. Such methods and means shall be consistent with the religious and personal convictions of the individual to whom furnished.
History: L. 1965, ch. 384, § 1; L. 1973, ch. 186, § 20; L. 1975, ch. 462, § 34; L. 1980, ch. 182, § 8; L. 2014, ch. 115, § 376; July 1.
The secretary for children and families and county, city-county and multicounty health departments shall cooperate with and assist the secretary of health and environment in the establishment, maintenance and operation of the family planning centers required to be established and maintained by K.S.A. 75-5674, and amendments thereto.
History: L. 1965, ch. 384, § 2; L. 1973, ch. 186, § 21; L. 1975, ch. 462, § 35; L. 1980, ch. 182, § 9; L. 2014, ch. 115, § 377; July 1.
Within 45 days of the submittal by an applicant to the department of health and environment of a complete notice of intent to discharge stormwater runoff from construction activities requesting authorization to discharge stormwater runoff from construction activities under the federal national pollutant discharge elimination system general permit or a rainfall erosivity waiver application and including all supporting documentation pursuant to applicable federal or state law, the secretary of health and environment shall issue an authorization, waiver or denial, as determined by the secretary, to the applicant. The provisions of this section shall not be construed to supersede conflicting federal law.
History: L. 2025, ch. 67, § 4; July 1.
(a) There is hereby established a department of labor. The department shall be administered under the direction and supervision of the secretary of labor who shall be appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto, and who 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 secretary shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the governor.
(b) The provisions of the Kansas governmental operations accountability law apply to the department of labor, and the department is subject to audit, review and evaluation under such law.
History: L. 1976, ch. 354, § 1; L. 1981, ch. 299, § 39; L. 1982, ch. 347, § 75; L. 1992, ch. 116, § 52; L. 2001, ch. 86, § 15; L. 2004, ch. 179, § 122; L. 2008, ch. 121, § 31; July 1.
(a) The division of employment and training within the department of human resources created by K.S.A. 75-5714, and amendments thereto, is hereby abolished. On the effective date of this order, the department of human resources is hereby renamed the department of labor, and the secretary of human resources is hereby renamed the secretary of labor.
(b) Except as otherwise provided by this order, all of the powers, duties, and functions of the existing division of employment and training within the department of human resources and of the existing director of employment and training are hereby transferred to and imposed upon the division of workforce development within the department of commerce and the director of workforce development established by this order.
(c) (1) Except as otherwise provided by this order, all of the powers, duties, and functions of the department of human resources and the secretary of human resources that relate to labor exchange and training, including but not limited to those powers, duties, and functions that relate to the workforce network of Kansas board, the Kansas apprenticeship council, and the commission on disability concerns, are hereby transferred to and imposed upon the department of commerce and the secretary of commerce.
(2) Notwithstanding the provisions of paragraph (c)(1) above, both the secretary of commerce and the secretary of labor shall continue to be ex officio members of the commission on disability concerns.
History: Executive Reorganization Order No. 31, L. 2004, ch. 191, § 2; July 1.
(a) Except with respect to the powers, duties, and functions that are transferred by this order to the department or secretary of commerce or the division or director of workforce development within the department of commerce, the department of labor and the secretary of labor 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. Every act performed in the exercise of such powers, duties, and functions by or under the authority of the department of labor or the secretary of labor shall be deemed to have the same force and effect as if performed by the department of human resources or the secretary of human resources in which such powers, duties, and functions were vested prior to the effective date of this order.
(b) Whenever the department of human resources, 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 department of commerce under this order, such reference or designation shall be deemed to apply to the department of labor.
(c) Whenever 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 or designation is in regard to any function, power, or duty other than those powers, duties, and functions that are transferred to the department of commerce under this order, such reference or designation shall be deemed to apply to the secretary of labor.
(d) All rules and regulations, orders, and directives of the secretary of the department of human resources 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 labor until revised, amended, revoked, or nullified pursuant to law.
History: Executive Reorganization Order No. 31, L. 2004, ch. 191, § 7; July 1.
(a) The secretary of labor may appoint, with the consent of the governor, one public information officer, one or more division directors, one personal secretary and one special assistant, all of whom shall serve at the pleasure of the secretary of labor, shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of labor with the approval of the governor.
(b) (1) The secretary may:
(A) Conduct public or private investigations within or outside of this state which the secretary or the secretary's designee considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate the employment security law act or a rule and regulation adopted or order issued under the employment security law, or to aid in the enforcement of the employment security law;
(B) require or permit a person to testify, file a statement, or produce a record, under oath or otherwise as the secretary or the secretary's designee determines, as to all the facts and circumstances concerning a matter to be investigated or about which an action or proceeding is to be instituted; and
(C) appoint one or more special investigators to aid in investigations conducted pursuant to this act.
(2) Such special investigators shall have authority to make arrests, serve subpoenas and all other process, conduct searches and seizures, store evidence, and carry firearms, concealed or otherwise while investigating violations of the employment security law act and to generally enforce all the criminal laws of the state as violations of those laws are encountered by such special investigators, except that no special investigator may carry firearms while performing such duties without having first successfully completed the training course prescribed for law enforcement officers under the Kansas law enforcement training act, K.S.A. 74-5601 et seq., and amendments thereto.
(c) The secretary of labor also may appoint such other officers and employees as are necessary to enable the secretary to carry out the duties of the office of the secretary and the department of labor.
(d) (1) The secretary of labor shall require an employee who has access to federal tax information received directly from the internal revenue service 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.
(2) As used in this subsection, "employee" means a person who has applied for employment or is currently employed with the Kansas department of labor and who has been or will be granted access to federal tax information received directly from the internal revenue service.
(e) Except as otherwise specifically provided by law, such officers and employees shall be within the classified service under the Kansas civil service act. All personnel of the department of labor shall perform the duties and functions assigned to such personnel by the secretary or prescribed for such personnel by law and shall act for and exercise the powers of the secretary of labor to the extent authority to do so is delegated by the secretary.
History: L. 1976, ch. 354, § 2; L. 1978, ch. 332, § 54; L. 1985, ch. 292, § 2; L. 1987, ch. 347, § 8; L. 2004, ch. 179, § 123; L. 2013, ch. 106, § 13; L. 2025, ch. 98, § 7; May 1.
History: L. 1976, ch. 354, §§ 3, 4; Repealed, L. 1985, ch. 292, § 20; July 1.
There is hereby established within and as a part of the department of labor a division of employment security. The secretary of labor shall administer the division of employment security or provide for the administration thereof in the manner the secretary deems necessary.
History: L. 1976, ch. 354, § 5; L. 1985, ch. 292, § 3; L. 2004, ch. 179, § 124; July 1.
History: L. 1976, ch. 354, §§ 6, 7; Repealed, L. 1985, ch. 292, § 20; July 1.
(a) There is hereby established within and as a part of the department of labor a division of workers compensation. The division shall be administered, under the supervision of the secretary of labor, by the director of workers compensation, who shall be the chief administrative officer of the division. The director of workers compensation shall be appointed by the secretary of labor and shall serve at the pleasure of the secretary. 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 labor, with the approval of the governor. The director of workers compensation shall be an attorney admitted to practice law in the state of Kansas. The director shall devote full time to the duties of such office and shall not engage in the private practice of law during the director's term of office.
(b) The director of workers compensation may appoint two assistant directors of workers compensation. The secretary of labor may appoint not to exceed 10 administrative law judges. Such assistant directors shall be in the classified service. Such administrative law judges shall be in the unclassified service under the Kansas civil service act unless an administrative law judge elects to stay in the classified service under subsection (g) of K.S.A. 44-551, and amendments thereto. The assistant directors shall act for and exercise the powers of the director of workers compensation to the extent authority to do so is delegated by the director. The assistant directors and administrative law judges shall be attorneys admitted to practice law in the state of Kansas, and shall have such powers, duties and functions as are assigned to them by the director or are prescribed by law. The assistant directors and administrative law judges shall devote full time to the duties of their offices and shall not engage in the private practice of law during their terms of office.
(c) Assistant directors shall be selected by the director of workers compensation, with the approval of the secretary of labor. Except as otherwise provided under K.S.A. 44-551, and amendments thereto, on and after July 1, 2013, administrative law judges shall be selected by the workers compensation and employment security boards nominating committee and appointed by the secretary of labor. Each assistant director and administrative law judge shall be subject to either dismissal or suspension of up to 30 days for any of the following:
(1) Failure to conduct oneself in a manner appropriate to the appointee's professional capacity;
(2) failure to perform duties as required by the workers compensation act; or
(3) any reason set out for dismissal or suspension in the Kansas civil service act or rules and regulations adopted pursuant thereto.
No appointee shall be appointed, dismissed or suspended for political, religious or racial reasons or by reason of the appointee's sex.
History: L. 1976, ch. 354, § 8; L. 1976, ch. 364, § 1; L. 1979, ch. 156, § 17; L. 1980, ch. 146, § 15; L. 1988, ch. 353, § 1; L. 1993, ch. 286, § 76; L. 2004, ch. 179, § 125; L. 2006, ch. 109, § 2; L. 2013, ch. 104, § 6; April 25.
History: L. 1976, ch. 354, § 9; Repealed, L. 1985, ch. 292, § 20; July 1.
History: L. 1976, ch. 354, § 10, L. 1985, ch. 292, § 4; Repealed, L. 1996, ch. 118, § 1; April 11.
History: L. 1976, ch. 354, § 11; Repealed, L. 1985, ch. 292, § 20; July 1.
(a) The agricultural labor relations board created by K.S.A. 44-820, and amendments thereto, is attached to and is a part of the department of labor. All budgeting, purchasing and related management functions of the agricultural labor relations board shall be administered by or under the direction and supervision of the secretary of labor as a part of the division of labor-management relations and employment standards. All vouchers for expenditures and all payrolls of the agricultural labor relations board shall be approved by the secretary of labor or by a person or persons designated by the secretary.
(b) All rules and regulations and all orders or directives of the agricultural labor relations board, or of any persons authorized by the board to issue orders or directives, in existence on July 1, 1985, shall continue to be effective and shall be deemed to be the rules and regulations and orders or directives of the agricultural labor relations board until revised, amended, revoked or nullified pursuant to law. Nothing in this act shall affect the authority of the agricultural labor relations board to adopt or promulgate rules and regulations or to issue orders or directives as authorized by law.
History: L. 1976, ch. 354, § 12; L. 1985, ch. 292, § 5; L. 2004, ch. 179, § 126; July 1.
(a) The public employee relations board created by K.S.A. 75-4323, and amendments thereto, is attached to and is a part of the department of labor. All budgeting, purchasing and related management functions of the public employee relations board shall be administered by or under the direction and supervision of the secretary of labor as a part of the division of labor-management relations and employment standards. All vouchers for expenditures and all payrolls of the public employee relations board shall be approved by the secretary of labor or by a person or persons designated by the secretary.
(b) All rules and regulations and all orders or directives of the public employee relations board, or of any persons authorized by the board to issue orders or directives, in existence on July 1, 1985, shall continue to be effective and shall be deemed to be the rules and regulations and orders or directives of the public employee relations board until revised, amended, revoked or nullified pursuant to law. Nothing in this act shall affect the authority of the public employee relations board to adopt or promulgate rules and regulations or to issue orders or directives as authorized by law.
History: L. 1976, ch. 354, § 13; L. 1985, ch. 292, § 6; L. 2004, ch. 179, § 127; July 1.
History: L. 1976, ch. 354, § 14; L. 1985, ch. 292, § 7; Repealed, L. 2004, ch. 179, § 148; July 1.
History: L. 1976, ch. 354, § 15; Repealed, L. 1985, ch. 292, § 20; July 1.
History: L. 1976, ch. 354, § 18; L. 1985, ch. 292, § 8; L. 1986, ch. 302, § 6; Repealed, L. 2004, ch. 179, § 148; July 1.
History: L. 1976, ch. 354, §§ 19, 20; Repealed, L. 1985, ch. 292, § 20; July 1.
History: L. 1976, ch. 354, § 21; L. 1985, ch. 292, § 9; Repealed, L. 1986, ch. 278, § 8; July 1.
History: L. 1976, ch. 354, § 22; L. 1978, ch. 332, § 55; L. 1985, ch. 292, § 10; Repealed, L. 1986, ch. 278, § 8; July 1.
History: L. 1976, ch. 354, § 23; Repealed, L. 1985, ch. 292, § 20; July 1.
The secretary of labor shall appoint a chief attorney for the department of labor, who shall serve at the pleasure of the secretary. The chief attorney shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of labor, with the approval of the governor. The secretary of labor also may appoint additional attorneys for the department of labor. Except for those attorneys the secretary may appoint to positions in the classified service under the Kansas civil service act in order to comply with directives under any federal act, or federal administration thereof, which federal act is related to a function or duty required to be performed by the secretary, such additional attorneys shall be in the unclassified service under the Kansas civil service act, shall receive an annual salary fixed by the secretary of labor, with the approval of the governor, and shall be subject to assignment and reassignment of duties within the department of labor as may be determined by the chief attorney.
History: L. 1976, ch. 354, § 24; L. 1985, ch. 292, § 11; L. 2004, ch. 179, § 128; July 1.
The secretary of labor may organize the department of labor in the manner the secretary deems most efficient, so long as the same is not in conflict with the provisions of law, and the secretary may establish policies governing the transaction of all business of the department and the administration of each of the divisions within the department.
History: L. 1976, ch. 354, § 25; L. 1985, ch. 292, § 12; L. 2004, ch. 179, § 129; July 1.
The secretary of labor may create advisory boards, commissions or committees with the approval of the governor, and members of any such board, commission or committee shall be appointed by the secretary. Any such advisory board, commission or committee so created shall be within the department of labor as a part thereof. Such advisory boards, commissions or committees shall consult with and advise the secretary with reference to the management, control and operation of any programs under the jurisdiction of the department or with reference to any law administered by the department or any division thereof. Members of any advisory board, commission or committee created under authority of this section attending meetings thereof, or attending a subcommittee meeting thereof authorized by such board, commission or committee, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto. All vouchers for expenditures and all payrolls of each of such advisory boards, commissions or committees shall be approved by the presiding officer thereof and the secretary of labor or a person or persons designated by the secretary.
History: L. 1976, ch. 354, § 26; L. 1985, ch. 292, § 13; L. 2004, ch. 179, § 130; July 1.
History: L. 1976, ch. 354, §§ 27, 28; Repealed, L. 1985, ch. 292, § 20; July 1.
The secretary of labor 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 labor.
History: L. 1976, ch. 354, § 29; L. 1985, ch. 292, § 14; L. 2004, ch. 179, § 131; July 1.
History: L. 1976, ch. 354, §§ 30, 31; Repealed, L. 1985, ch. 292, § 20; July 1.
The secretary of labor and the department of labor shall have offices and facilities in Topeka and such other locations throughout the state as are necessary.
History: L. 1976, ch. 354, § 32; L. 2004, ch. 179, § 132; July 1.
The secretary of labor shall keep a seal which shall be surrounded by the words "Secretary, Department of Labor of Kansas" which shall be of such diameter and with such device as the governor and the secretary of labor may prescribe, an impression of which shall be filed in the office of secretary of state.
History: L. 1976, ch. 354, § 33; L. 2004, ch. 179, § 133; July 1.
History: L. 1976, ch. 354, § 34; Repealed, L. 1985, ch. 292, § 20; July 1.
(a) Whenever any moneys are granted, collected from or given by any person, firm, corporation or association, or by the United States or any department, instrumentality or agency thereof, to the department of labor or to the office of the secretary of labor, which moneys are granted, collected or given for a specific use or purpose, the secretary of labor, on behalf of the office of the secretary, the department of labor or the state, may accept or reject any such grant, collection or gift and may enter into contracts or agreements necessary or expedient to the acceptance, collection, management or accountability of such grant, collection or gift. Any grant, collection or gift so accepted and the program therefor shall be known as a special project.
(b) The secretary of labor shall remit all moneys received by or for the secretary for any special project 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 department of labor special projects fund. On and after July 1, 2004, the human resources special projects fund is hereby redesignated as the department of labor special projects fund. Whenever the human resources special projects fund, or words of like effect, are referred to or designated by a statute, rule and regulation, contract or other document, such reference or designation shall be deemed to apply to the department of labor special projects fund. All expenditures from such fund shall be made in accordance with appropriation acts and any applicable contract or agreement 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.
(c) The secretary of labor may employ such personnel as may be necessary, in the judgment of the secretary, to effect any special project. All persons employed for any special project, including the director of each special project, which special project shall have a noncontingent and nonrenewable duration of less than 300 consecutive calendar days, shall be in the unclassified service of the Kansas civil service act and shall receive salaries fixed by the secretary, with the approval of the governor. All persons employed for any other special project, or where conditions of the grant, collection, contract, agreement or gift so stipulate, shall be in the classified service under the Kansas civil service act.
History: L. 1976, ch. 370, § 1; L. 1985, ch. 292, § 15; L. 1991, ch. 267, § 1; L. 2001, ch. 5, § 406; L. 2004, ch. 179, § 134; July 1.
The secretary of labor shall receive as part of the annual salary fixed by the governor pursuant to K.S.A. 75-5701, and amendments thereto, an annual amount for services performed by the secretary with respect to the administration of or the participation by this state in federal acts and programs. Such annual amount shall be fixed by the governor, shall be paid from the respective funds administered by the secretary with respect to administration of or participation by this state in such federal acts or programs, and shall be a percentage of the annual salary of the secretary which bears the same proportion to such annual salary as the percentage of time spent in the performance of such services bears to the total amount of time spent by the secretary in the performance of all other powers, duties and functions conferred and imposed by law upon the secretary.
History: L. 1976, ch. 357, § 1; L. 1985, ch. 292, § 16; L. 2004, ch. 179, § 135; July 1.
History: L. 1987, ch. 323, § 1; L. 2004, ch. 179, § 136; Repealed, L. 2005, ch. 132, § 14; April 21.
It shall be the duty of the secretary of labor: To promote better understanding of the accident problem of this state and of state and municipal laws enacted for the purpose of aiding in the solution of the problem; to promote a permanent educational program for the purpose of enlisting the cooperation of all citizens in reducing accidents; to work for the prevention of accidents on streets and highways, in the home, in the factories, on the farm and whenever preventable accidents occur; and to promote safety measures of every kind and character and to educate the public generally in the matters of safety.
History: L. 1939, ch. 293, § 4; L. 1976, ch. 370, § 87; L. 2004, ch. 179, § 137; July 1.
(a) The secretary of commerce shall establish within the limits of appropriations therefor and in accordance with the provisions of this section the older Kansans employment program. The secretary may make grants to and enter into contracts with nonprofit agencies or organizations or public bodies for the purpose of providing for the development and operation of the older Kansans employment program.
(b) The older Kansans employment program shall be designed as follows:
(1) The program shall provide to older Kansans an employment placement service with emphasis on employment in the private sector, including nontraditional patterns of employment; and
(2) the program shall provide training in job seeking skills to potential employees who are older Kansans and assistance to potential employers in utilizing the contributions of older Kansans to their work force.
(c) The secretary shall prepare annually a report evaluating the effectiveness of the older Kansans employment program and recommending measures to increase the number of older Kansans gainfully employed. The report shall be prepared and made available annually to the governor, members of the legislature, the secretary for aging and disability services, the commerce development council and the members of the advisory council on aging no later than December 15 each year.
(d) As used in this section, "older Kansan" means a resident of the state of Kansas who is 55 years of age or older.
History: L. 1996, ch. 73, § 1; L. 2004, ch. 179, § 138; L. 2014, ch. 115, § 378; July 1.
(a) The department of labor is hereby designated as the agency to collect the new hires information required by the personal responsibility and work opportunity act of 1996. The secretary of labor shall contract with the secretary for children and families to provide the information needed to be in compliance with the personal responsibility and work opportunity act of 1996.
(b) The state directory of new hires shall receive, retain and, to the extent permitted by federal law, make information reported to the directory available pursuant to subsection (c).
(c) Except as otherwise permitted by federal law, any agency receiving information from the state directory of new hires shall handle the information as confidential information for use in administering the programs for which it was received. The state directory of new hires shall make information available:
(1) Upon implementation of the national directory of new hires, to the national directory; and
(2) to the secretary for children and families for use in administering an eligibility verification system and, not later than May 1, 1998, the title IV-D program.
(d) Any employer who reports electronically or magnetically and is required to report newly hired employees to more than one state may elect to transmit all such reports to one state by complying with the requirements of title IV-D.
(e) Beginning July 1, 1999, the secretary of labor shall annually delete information about individuals contained in the new hires directory if the information is at least two years old. Nothing in this subsection shall be construed as requiring the secretary of labor to delete information needed to administer the employment security or workers compensation programs.
History: L. 1997, ch. 182, § 1; L. 1999, ch. 21, § 1; L. 2004, ch. 179, § 139; L. 2014, ch. 115, § 379; July 1.
(a) All employers and labor organizations doing business in this state shall submit information concerning each new employee to the secretary of labor within 20 business days of the hiring, rehiring or return to work of the newly hired employee or within 20 business days from the date the newly hired employee first receives wages or other compensation from the employer. The information shall include the newly hired employee's name, address, social security number and the date services for remuneration were first performed by the newly hired employee and the employer's name, address, federal tax identification number and any other information as may be required by section 453A of the social security act, 42 U.S.C. § 653a.
(b) For purposes of this section, the term "newly hired employee" means an employee who has not previously been employed by the employer, or was previously employed by the employer, but has been separated from such prior employment for at least 60 consecutive days.
(c) The Kansas department for children and families shall have access to such information to match the employee's social security number with title IV-D cases.
History: L. 1997, ch. 182, § 85; L. 1999, ch. 21, § 2; L. 2004, ch. 179, § 140; L. 2012, ch. 134, § 1; L. 2014, ch. 115, § 380; July 1.
(a) The secretary of labor is hereby authorized and directed to:
(1) Make a study and recommendations concerning whether the state should submit to the federal government a plan for state enforcement of occupational safety and health standards that provides for safe and healthful employment by the adoption of standards and means for enforcement of the standards that are at least as effective as those standards and means for enforcement of the standards as are provided by the federal occupational safety and health act of 1970, compiled in 29 U.S.C. §§ 651-678;
(2) identify agreements necessary to carry out the purposes of such plan;
(3) review funding arrangements necessary for the state to finance a plan for state enforcement of such standards;
(4) review statutory and rule and regulation changes necessary to carry out such a plan;
(5) estimate additional staff and positions required to implement such a plan;
(6) identify steps needed for interaction with the federal government in ways that are reasonably designed to carry out the purposes of this subsection; and
(7) review such other matters as may be necessary in making the study.
(b) On or before January 12, 2015, the secretary of labor shall submit to the president of the senate, the speaker of the house of representatives, each member of the committee on commerce of the senate and each member of the committee on commerce, labor and economic development of the house of representatives a report of the secretary's findings and recommendations from the study conducted under subsection (a).
History: L. 2014, ch. 113, § 1; July 1.
Notwithstanding the provisions of chapter 1 of the 2020 Special Session Laws of Kansas, any other statute, any appropriation act or any other provision of this act: (a) For the fiscal years ending June 30, 2021, and June 30, 2022, on or before July 15, 2021, the director of the budget shall determine the amount of moneys received by the state that are identified as moneys from the federal government for aid to the state of Kansas for coronavirus relief as appropriated in the following acts that are eligible to be used for employment security, may be expended at the discretion of the state, in compliance with the office of management and budget's uniform administrative requirements, cost principles and audit requirements for federal awards, and are unencumbered: (1) The federal CARES act, public law 116-136, the federal coronavirus preparedness and response supplemental appropriation act, 2020, public law 116-123, the federal families first coronavirus response act, public law 116-127, and the federal paycheck protection program and health care enhancement act, public law 116-139; (2) the federal consolidated appropriations act, 2021, public law 116-260; (3) the American rescue plan act of 2021, public law 117-2; and (4) any other federal law that appropriates moneys to the state for aid for coronavirus relief. If the state receives any such moneys from the federal government for aid to the state of Kansas for coronavirus relief after July 15, 2021, the director of the budget shall also identify such moneys for the purposes of fulfilling the transfers required by this section.
(b) Of such identified moneys, the director of the budget shall determine in the aggregate an amount equal to $250,000,000 available in special revenue funds. If such identified moneys in the aggregate are less than $250,000,000, the director of the budget shall determine the maximum amount available. The director of the budget shall certify the amount so determined from each fund to the director of accounts and reports and, at the same time as such certification is transmitted to the director of accounts and reports, shall transmit a copy of such certification to the director of legislative research. Upon receipt of each such certification, or as soon thereafter as moneys are available, the director of accounts and reports shall immediately transfer an aggregate amount equal to such certification and in the aggregate, an amount equal to $250,000,000 if available from such funds to the employment security fund (296-00-7056-7200) of the department of labor for the purpose of funding the employment security fund.
(c) Of such identified moneys, the director of the budget shall further determine in the aggregate an additional amount equal to $250,000,000 available in special revenue funds. If such identified moneys in the aggregate are less than $250,000,000, the director of the budget shall determine the maximum additional amount available. The director of the budget shall certify the amount so determined from each fund to the director of accounts and reports and, at the same time as such certification is transmitted to the director of accounts and reports, shall transmit a copy of such certification to the director of legislative research. Upon receipt of each such certification, or as soon thereafter as moneys are available, the director of accounts and reports shall immediately transfer an aggregate amount equal to such certification and in the aggregate, an amount equal to $250,000,000 if available from such funds to the legislature employment security fund of the legislative coordinating council.
(d) Upon a determination of the dollar amount of improper payments by the audit of the department of labor in accordance with K.S.A. 44-771(g), and amendments thereto, the unemployment compensation modernization and improvement council shall report such dollar amount immediately in writing to the division of the budget. Upon receipt of such report, the director of the budget shall certify the dollar amount identified by the audit and transmit a copy of such report and certification to members of the legislative coordinating council and the director of legislative research.
(e) If the amount of improper payments determined by such audit or the amount of any improper payments made during April 1, 2022, through December 31, 2022, as determined by the secretary following the review of the information as provided in K.S.A. 44-710b(e), and amendments thereto, or both such amounts added together, exceed the amounts transferred pursuant to subsections (b) and (c), the secretary shall certify such amount to the director of the budget. The director of the budget shall certify the amount of additional moneys identified under subsection (a) determined to be available from each fund to the director of accounts and reports and, at the same time as such certification is transmitted to the director of accounts and reports, shall transmit a copy of such certification to members of the legislative coordinating council and the director of legislative research. Upon receipt of each such certification, or as soon thereafter as moneys are available, the director of accounts and reports shall immediately transfer an aggregate amount equal to such certification if available from such funds to the legislature employment security fund of the legislative coordinating council.
(f) Upon receipt of any reports or certifications, the legislative coordinating council shall notify the legislative budget committee and forward a copy of such information to the committee. The legislative budget committee shall meet and review such information and shall report such committee's recommendation to the legislative coordinating council. After receiving recommendations from the legislative budget committee, the legislative coordinating council may authorize the transfer moneys in an amount not to exceed the amounts certified of improper payments from the legislature employment security fund to the employment security fund of the department of labor. Such transfers may be approved by the members of the legislative coordinating council, as provided in K.S.A. 46-1202, and amendments thereto, acting on this matter, which is hereby characterized as a matter of legislative delegation, except that such transfers may also be approved while the legislature is in session.
(g) There is hereby established in the state treasury the legislature employment security fund which shall be administered by the legislative coordinating council. All expenditures from the legislature employment security fund shall be for the purposes of funding the employment security fund for improper payments. All expenditures from the legislature employment security 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 legislative coordinating council or the designee of the chairperson.
(h) As used in this act, "improper payment amounts" or "improper payments" means any payment that should not have been made or that was made in an incorrect amount under statutory, contractual, administrative or other legally applicable requirements and includes any payment to an ineligible recipient.
History: L. 2021, ch. 92, § 6; May 13.
During the fiscal years ending June 30, 2021, and June 30, 2022, on the effective date of this act, no state agency named in this or other appropriation act of the 2021 regular session of the legislature shall expend any moneys appropriated from the state general fund or from any special revenue fund or funds for fiscal years 2021 and 2022 as authorized by chapter 5 of the 2020 Session Laws of Kansas or any appropriation act of the 2021 regular session of the legislature for the purposes of entering into a contract or agreement with any party to make any changes, improvements or upgrades to the technology infrastructure for claims, benefits and system integrity or to the methods for information and data sharing concerning Kansas unemployment benefits unless and until: (a) The unemployment compensation modernization and improvement council, created by K.S.A. 44-771, and amendments thereto, has reviewed the information technology system, technology and platform specifications pursuant to the provisions of K.S.A. 44-772, and amendments thereto, and made a recommendation to the legislative coordinating council; and (b) the legislative coordinating council has reviewed any such specifications and any such recommendations. Such legislative coordinating council review shall take place within 60 days of the last date of accepting bids on the modernization project. After the requesting state agency receives a report from the legislative coordinating council regarding such council's review, such state agency is authorized to expend all approved moneys lawfully credited to and available in such fund or funds during the fiscal years ending June 30, 2021, and June 30, 2022.
History: L. 2021, ch. 92, § 8; May 13.
As used in K.S.A. 2025 Supp. 75-5747 through 75-5749, and amendments thereto:
(a) "Kansas sheltered workshop employer" or "workshop employer" means a private nonprofit, state or local government institution that provides employment opportunities for individuals with intellectual, developmental or physical disabilities and provides such employment opportunities for all or a portion of such individuals under a certificate issued by the United States secretary of labor under 29 U.S.C. § 214(c).
(b) "Secretary" means the secretary of labor.
History: L. 2024, ch. 1, § 1; February 15.
(a) There is hereby created in the state treasury the Kansas sheltered workshop transition fund. The secretary of labor shall administer the fund. All expenditures from the fund shall be for the purpose of facilitating transitions by Kansas sheltered workshop employers away from employing individuals with disabilities under a certificate issued by the United States secretary of labor under 29 U.S.C. § 214(c) and toward paying all such employees at least the minimum wage. Such purpose shall be achieved by providing matching grants from fund moneys to Kansas sheltered workshop employers that commit to paying at least the minimum wage to all employees. A grant shall be matched on a $1-to-$1 basis by the Kansas sheltered workshop employer from nonstate sources.
(b) Applications for matching grants shall be made by Kansas sheltered workshop employers to the secretary in the form and manner required by the secretary. In determining whether applicants should be approved and receive a grant, the secretary shall seek the assistance of the secretary for children and families, the secretary for aging and disability services or any other appropriate state agency. The secretary for children and families, secretary for aging and disability services or other state agency shall provide such assistance to the secretary as requested by the secretary. The applicant shall provide a transition plan to the secretary demonstrating how the applicant will use the grant and other funding to transition away from use of a certificate issued by the United States secretary of labor under 29 U.S.C. § 214(c). The Kansas sheltered workshop shall commit to completing the plan to receive a grant. If the secretary approves the transition plan, finds that the Kansas sheltered workshop has sufficient nonstate funding to match the grant with nonstate funds on a $1-to-$1 basis and approves the application, the secretary shall award the Kansas sheltered workshop a matching grant in the amount determined by the secretary. The secretary may award subsequent additional grants to the same Kansas sheltered workshop employer upon satisfactory progress shown by such workshop employer pursuant to the workshop employer's transition plan.
(c) Kansas sheltered workshop employers that receive a matching grant shall provide such information to the secretary as requested, excluding any information prohibited from disclosure under state or federal law, regarding the use of grant funds, use of associated nonstate funds and progress made toward achievement of the transition plan as developed pursuant to subsection (b). Such information shall be utilized by the secretary to analyze and monitor the use of grant funds and compliance with and progress toward completion of the transition plan by workshop employers and to develop best uses of grant funds and transition methods to attain the goal of K.S.A. 2025 Supp. 75-5747 through 75-5749, and amendments thereto.
(d) On or before January 31, 2025, and annually on or before January 31 thereafter, the secretary shall 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 Kansas sheltered workshop employer that has received a matching grant and the progress made by each Kansas sheltered workshop employer toward the goal of K.S.A. 2025 Supp. 75-5747 through 75-5749, and amendments thereto.
(e) All expenditures from the Kansas sheltered workshop transition fund shall be for the purpose 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 labor or the secretary's designee.
(f) On July 1, 2024, and each July 1 thereafter, or as soon thereafter as moneys may be available, the director of accounts and reports shall transfer $1,000,000 from the state economic development initiatives fund established by K.S.A. 79-4804, and amendments thereto, to the Kansas sheltered workshop transition fund.
History: L. 2024, ch. 1, § 2; February 15.
The provisions of K.S.A. 2025 Supp. 75-5747 through 75-5749, and amendments thereto, shall expire on July 1, 2034. On July 1, 2034, the director of accounts and reports shall transfer all unencumbered moneys in the Kansas sheltered workshop transition fund to the state general fund. After such transfer, the Kansas sheltered workshop transition fund shall be abolished and all liabilities of the Kansas sheltered workshop transition fund shall be transferred to and imposed on the state general fund.
History: L. 2024, ch. 1, § 3; February 15.
The legislature hereby declares it to be the policy of this state to publicly announce all requirements for engineering services, and to negotiate contracts for engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable fees.
History: L. 1977, ch. 287, § 1; April 21.
As used in this act unless the context specifically requires otherwise:
(a) "Firm" means any 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.
(b) "Engineering services" means those services described as the "practice of engineering," as defined in K.S.A. 74-7003, and amendments thereto.
(c) "Land surveying" means those services described as "professional surveying," as defined in K.S.A. 74-7003, and amendments thereto.
(d) "Agency head" means the chief administrative officer of a state agency, as that term is defined in subsection (3) of K.S.A. 75-3701, and amendments thereto, but shall not include the chief administrative officer of any state institution.
(e) "Negotiating committee" means a committee designated to negotiate as provided in this act, and consisting of: (1) The agency head of the state agency for which the proposed project is planned, or a person designated by such agency head; (2) the secretary of administration, or a person designated by such secretary; and (3) the chief administrative officer of the state institution for which the proposed project is planned, or when the proposed project is not planned for a state institution, the agency head shall designate a second person in lieu of the chief administrative officer of a state institution.
(f) "Project" means any capital improvement project or any study, plan, survey or program activity of a state agency, including development of new or existing programs and preparation of federal grant applications.
(g) "State building advisory commission" means the state building advisory commission created by K.S.A. 75-3780, and amendments thereto, or any duly authorized officer or employee of such commission.
History: L. 1977, ch. 287, § 2; L. 1978, ch. 337, § 30; L. 1992, ch. 240, § 30; L. 1996, ch. 48, § 1; L. 2014, ch. 88, § 36; July 1.
(a) In the procurement of engineering or land surveying services, each agency head which utilizes engineering or land surveying services shall encourage firms engaged in the lawful practice of their profession to annually submit a statement of qualifications and performance data to the agency head and to the state building advisory commission. The agency head shall thereafter cause to be prepared annually a list of firms qualified, based upon criteria established and published by such agency head, to provide such engineering or land surveying services.
(b) Except as otherwise provided in subsection (c), when a project requiring engineering or land surveying services is proposed for a state agency, the agency head for such state agency shall evaluate current statements of qualifications and performance data on file with the agency head, together with those that may be submitted by other firms regarding the proposed project. The agency head may establish time frames for the receipt of qualifications statements and performance data from any firm wishing to be considered for the proposed project. The agency head shall conduct discussions with not less than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required engineering or land surveying services and then such agency head shall select from among all such firms, on a rotational basis, the firm to perform the engineering or land surveying services, unless such firm refuses to provide such engineering or land surveying services.
(c) In any case where a project requiring engineering or land surveying services is proposed which concerns the construction of any building or facility or any major repairs or improvements to any building or facility, including in any case but not limited to any heating, cooling or power facility, for a state agency and a negotiating committee is not convened under K.S.A. 75-5804 and amendments thereto, the agency head of the state agency shall notify the state building advisory commission and shall request a list of firms qualified to provide the engineering or land surveying services for such project. Upon receipt of any such request, the state building advisory commission shall evaluate the current statements of qualifications and performance data on file, together with those statements that may be submitted by other firms, regarding the proposed project and other information developed and available to the state building advisory commission, and shall prepare a list of at least three and not more than five firms which, in the opinion of the state building advisory commission, are qualified to furnish the engineering or land surveying services for the proposed project. Each such list shall be submitted to the agency head without any recommendation of preference or other recommendation. The agency head shall conduct discussions with the firms listed and shall select the firm to perform the engineering or land surveying services, all in the manner provided in subsection (b). If the agency head is unable to enter into a contract for the necessary engineering or land surveying services with any firm so listed, the agency head shall request the state building advisory commission to prepare and submit another list of firms qualified to provide such engineering or land surveying services and shall proceed in accordance with this subsection. The secretary of administration shall provide to the agency head such information, advice and assistance as may be requested by the agency head regarding the selection of a firm to provide engineering or land surveying services for such projects, including all information and evaluations regarding the listed firms gathered and developed under K.S.A. 75-3783, and amendments thereto.
History: L. 1977, ch. 287, § 3; L. 1978, ch. 337, § 31; L. 1984, ch. 336, § 1; L. 1996, ch. 48, § 2; March 28.
(a) (1) Whenever it becomes necessary in the judgment of the agency head of a state agency for which a project is proposed and, in any case where the construction cost of such a proposed project is expected to exceed the amount specified in paragraph (2), the agency head shall convene a negotiating committee. Except as otherwise provided in subsection (b), the agency head shall submit the list of at least three but not more than five of the most highly qualified firms to the negotiating committee so convened, without any recommendation of preference or other recommendation.
(2) The construction cost threshold to convene a negotiating committee as provided by paragraph (1) shall be $1,500,000 for fiscal year 2024. For fiscal year 2025, and all fiscal years thereafter, the threshold to convene a negotiating committee shall be the threshold amount for the immediately preceding fiscal year increased by an amount equal to 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 during the immediately preceding fiscal year rounded to the nearest whole dollar amount.
(b) Whenever a negotiating committee is convened under this section for a proposed project requiring engineering or land surveying services that concerns the construction of any building or facility or any major repairs or improvements to any building or facility, including but not limited, to any heating, cooling or power facility, for a state agency, the agency head for the state agency shall notify the state building advisory commission of the project and shall request a list of firms qualified to provide the engineering or land surveying services for the proposed project. Upon receipt of any such request the state building advisory commission shall evaluate the current statements of qualifications and performance data on file, together with those statements that may be submitted by other firms regarding the proposed project and other information developed and available to the state building advisory commission. The commission shall prepare a list of at least three but not more than five firms that, in the opinion of the state building advisory commission, are qualified to furnish the engineering or land surveying services for the proposed project. Each such list shall be submitted to the negotiating committee so convened without any recommendation of preference or other recommendation.
History: L. 1977, ch. 287, § 4; L. 1978, ch. 337, § 32; L. 1979, ch. 280, § 19; L. 1996, ch. 48, § 3; L. 1996, ch. 238, § 1; L. 2006, ch. 1, § 2; L. 2023, ch. 35, § 3; July 1.
The negotiating committee shall cause a written description of the scope or program of the proposed project to be prepared. Such description shall be used in the negotiations between the negotiating committee and qualified firms. The proposed project description shall be the basis for the project development and such description shall not be altered without the prior approval of the negotiating committee.
History: L. 1977, ch. 287, § 5; April 21.
The negotiating committee for each proposed project shall have access to the current statements of qualifications and performance data on file with the agency head for the firms listed by the agency head. In the case of firms listed by the state building advisory commission, the negotiating committee shall have access to the current statements of qualifications and performance data on file with the state building advisory commission and to all information and evaluations regarding the listed firms gathered and developed under K.S.A. 75-3783, and amendments thereto. The negotiating committee shall conduct discussions with each of the firms so listed regarding the proposed project and then shall select a single firm from such listing to provide engineering or land surveying services in accordance with this act.
History: L. 1977, ch. 287, § 6; L. 1978, ch. 337, § 33; L. 1996, ch. 48, § 4; March 28.
(a) Each negotiating committee shall determine which engineering or land surveying services are necessary and shall negotiate a contract for each proposed project with the selected firm for the necessary engineering or land surveying services. In such negotiations, the negotiating committee shall always consider demonstrated competence and qualifications and shall take into account the estimated value of the engineering or land surveying services to be rendered and the scope, complexity and professional nature thereof.
(b) If the negotiating committee is unable to negotiate a satisfactory contract with the firm considered to be the most qualified, negotiations with that firm shall be terminated. The negotiating committee shall then undertake negotiations with the second most qualified firm. If there is a failing of accord with the second most qualified firm, negotiations with such firm shall be terminated. The negotiating committee shall then undertake negotiations with the third, fourth and fifth most qualified firms in turn.
(c) If the negotiating committee is unable to negotiate a satisfactory contract with any of the selected firms, the negotiating committee shall reevaluate the necessary engineering or land surveying services and fee requirements and reopen negotiations with any of the firms on the list submitted by the agency head. If the negotiating committee is still unable to enter into a contract for the necessary engineering or land surveying services, the negotiating committee shall request the agency head or, in the case of a proposed project under subsection (b) of K.S.A. 75-5804, and amendments thereto, the state building advisory commission to provide another list of firms to be negotiated with by the negotiating committee and, upon receipt of such list, the negotiating committee shall proceed in accordance with the provisions of this act.
History: L. 1977, ch. 287, § 7; L. 1978, ch. 337, § 34; L. 1996, ch. 48, § 5; March 28.
This act shall be known and may be cited as the Kansas act on the aging.
History: L. 1977, ch. 288, § 1; April 28.
As used in this act, unless the context clearly requires otherwise, the following terms shall have the meanings ascribed to them in this section:
(a) "Department" means the Kansas department for aging and disability services created by K.S.A. 75-5903, and amendments thereto.
(b) "Secretary" means the secretary for aging and disability services.
(c) "Council" means the advisory council on aging created by K.S.A. 75-5911, and amendments thereto.
(d) "Aged" or "senior citizen" means a person 60 years of age or older.
(e) "Services" means those services designed to provide assistance to the aged such as nutritional programs, facilities improvement, transportation services, senior volunteer programs, supplementary health services, programs for leisure-time activities, housing and employment counseling, other informational, referral and counseling programs to aid the aged in availing themselves of existing public or private services or other similar social services intended to aid the senior citizen in attaining and maintaining self-sufficiency, personal well-being, dignity and maximum participation in community life.
History: L. 1977, ch. 288, § 2; L. 2014, ch. 115, § 381; July 1.
(a) There is hereby created the Kansas department for aging and disability services. The Kansas department for aging and disability services shall be administered under the direction and supervision of the secretary for aging and disability services. The secretary 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 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. In appointing the secretary, the governor shall consider, but is not limited to, persons suggested by the council and persons with responsible administrative experience in the field of gerontology. The secretary shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the governor.
The Kansas department for aging and disability services shall be the single state agency for receiving and disbursing federal funds made available under the federal older Americans act (public law 89-73), and amendments thereto, or other federal programs for the aging.
(b) The provisions of the Kansas governmental operations accountability law apply to the Kansas department for aging and disability services, and the department is subject to audit, review and evaluation under such law.
History: L. 1977, ch. 288, § 3; L. 1981, ch. 299, § 40; L. 1982, ch. 347, § 76; L. 1992, ch. 116, § 53; L. 2001, ch. 86, § 16; L. 2008, ch. 121, § 32; L. 2014, ch. 115, § 382; July 1.
(a) On and after July 1, 1977, all the powers, duties, functions, records, property and personnel of the existing services to the aging section of the department of social and rehabilitation services are hereby transferred to and conferred and imposed upon the secretary for aging and disability services, except as otherwise provided.
(b) The secretary for aging and disability services shall be a continuation of the services to the aging section of the department of social and rehabilitation services and shall be the successor in every way to the powers, duties and functions of the section, except as herein otherwise provided. On and after July 1, 1977, every act performed in the exercise of such powers, duties and functions by or under the authority of the secretary for aging and disability services shall be deemed to have the same force and effect as if performed by the services for aging section of the department of social and rehabilitation services in which such functions were vested prior to July 1, 1977.
(c) On and after July 1, 1977, wherever the services to the aging section of the department of social and rehabilitation services, 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 for aging and disability services.
(d) All orders and directives of the services to the aging section of the department of social and rehabilitation services in existence immediately prior to July 1, 1977, shall continue in force and effect and shall be deemed to be duly issued orders and directives of the secretary for aging and disability services, until reissued, amended or nullified pursuant to law.
History: L. 1977, ch. 288, § 4; L. 2018, ch. 71, § 43; July 1.
All officers and employees who were engaged immediately prior to July 1, 1977, in the performance of powers, duties and functions of the services to the aging section of the department of social and rehabilitation services and who, in the opinion of the secretary of aging, are necessary to perform the powers, duties and functions of the department on aging, shall become officers and employees of the department on aging. 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, 1977, and the service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers and any abolishment of positions 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. 1977, ch. 288, § 5; April 28.
(a) On and after July 1, 1977, 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 authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
(b) On and after July 1, 1977, the department on aging 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 department on aging under the provisions of this act. Any conflict as to the proper disposition of such property or records arising under this section, and resulting from any transfer made by this act of powers, duties and functions to the secretary of aging, shall be determined by the governor, whose decision shall be final.
History: L. 1977, ch. 288, § 6; April 28.
(a) No suit, action or other proceeding, judicial or administrative, pertaining to services for the aging or the powers, duties or functions of the services to the aging section of the department of social and rehabilitation services, lawfully commenced, or which could have been commenced, by or against the secretary of social and rehabilitation services in such secretary's official capacity or in relation to the discharge of such secretary'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 secretary of social and rehabilitation services.
(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. 1977, ch. 288, § 7; April 28.
In addition to powers and duties otherwise provided by law, the secretary shall have the following powers and duties:
(a) To evaluate all programs, services and facilities for the aged within the state and determine the extent to which present public or private programs, services and facilities meet the needs of the aged.
(b) To evaluate and coordinate all programs, services and facilities for the aging presently furnished by state and federal agencies, and make appropriate recommendations regarding such services, programs and facilities to the governor and the legislature.
(c) To function as the sole state agency to develop a comprehensive plan to meet the needs of the state's senior citizens.
(d) To receive and disburse federal funds made available directly to the department, including those funds made available under the federal older Americans act of 1965, 42 U.S.C. § 3001 et seq., and amendments thereto, for providing services for senior citizens or for purposes related thereto and to develop and administer any state plan for the aging required by federal law.
(e) To solicit, accept, hold and administer in behalf of the state any grants, devises or bequests of money, securities or property to the state of Kansas for services to senior citizens or purposes related thereto.
(f) To provide consultation and assistance to communities and groups developing local and area services for senior citizens.
(g) To promote community education regarding the problems of senior citizens through institutes, publications, radio, television and the press.
(h) To cooperate with agencies of the federal government in studies and conferences designed to examine the needs of senior citizens and to prepare programs and facilities to meet those needs.
(i) To establish and maintain information and referral sources throughout the state in conjunction with other agencies.
(j) To provide such staff support as may reasonably be required by the council.
(k) To establish state policies for the administration of the department; for the disbursement of federal older Americans act funds within the state; and for state administration of federal older Americans act programs consistent with relevant federal law, rules and regulations, policies and procedures.
(l) To keep informed of the latest developments of research, studies and programs being conducted nationally and internationally on problems and needs of aging.
(m) To adopt such rules and regulations as may be necessary to administer the provisions of article 59 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
(n) To lend surplus state property under the authority of the Kansas department for aging and disability services to area agencies on aging or to the state long-term care ombudsman to help them perform duties required under state and federal programs administered by the Kansas department for aging and disability services.
(o) To enter into any contract or agreement which the secretary finds necessary to perform the powers, duties and functions of the secretary or the department.
History: L. 1977, ch. 288, § 8; L. 1998, ch. 95, § 1; L. 2014, ch. 115, § 383; July 1.
(a) On and after July 1, 1977, the secretary may create and establish offices, divisions and administrative units as necessary for the efficient administration and operation of the department and may assign functions, powers and duties to the several offices, divisions and administrative units in the department.
(b) On and after July 1, 1977, the secretary shall meet regularly with the council to advise the council on all matters relating to the policy and administration of programs and services to the aging provided by the department.
History: L. 1977, ch. 288, § 9; April 28.
(a) Except as otherwise specifically provided by law, and subject to the Kansas civil service act, the secretary for aging and disability services shall appoint all subordinate officers and employees of the department and all such subordinate officers and employees shall be within the classified service under the Kansas civil service act.
(b) 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. The secretary may appoint deputy secretaries and commissioners as determined necessary by the secretary to effectively carry out the mission of the department. All deputy secretaries and commissioners 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) Nothing in subsection (b) shall affect the classified status of any person employed by the Kansas department for aging and disability services on the day immediately preceding the effective date of this act. The provisions of this subsection shall not be construed to limit the powers of the secretary pursuant to K.S.A. 75-5909 or 75-2948, and amendments thereto.
(d) Personnel of the department shall perform such duties and exercise such powers as the secretary may prescribe or as are designated by law.
History: L. 1977, ch. 288, § 10; L. 1978, ch. 332, § 56; L. 1987, ch. 347, § 9; L. 1996, ch. 271, § 14; L. 1998, ch. 95, § 2; L. 2014, ch. 115, § 384; July 1.
(a) There is hereby created the advisory council on aging. The council shall consist of 15 members. Eleven members shall be appointed by the governor, one member shall be appointed by the president of the senate from among the members of the senate, one member shall be appointed by the minority leader of the senate from among the members of the senate, one member shall be appointed by the speaker of the house of representatives from among the members of the house of representatives and one member shall be appointed by the minority leader of the house of representatives from among the members of the house of representatives. Members of the council shall represent insofar as possible different geographical, social and ethnic groups, and one member of the council, at the time of appointment, shall be licensed by the state and be actively engaged in the administration of adult care homes within the state. At least ½ of the council members shall be 60 years of age or older.
(b) No provision of this section shall affect the term of any member of the advisory council on aging appointed prior to the effective date of this act.
History: L. 1977, ch. 288, § 11; L. 1978, ch. 375, § 1; L. 1979, ch. 299, § 1; L. 1980, ch. 291, § 8; L. 1988, ch. 354, § 1; July 1.
(a) Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of such term.
(b) Any member appointed to fill a vacancy occurring upon the expiration of the term for which the member's predecessor was appointed shall be appointed for a period of three years. Members shall be eligible for reappointment.
(c) Members appointed by the president of the senate, the minority leader of the senate, the speaker of the house of representatives and the minority leader of the house of representatives shall serve at the pleasure of the person holding the office held by the person appointing such members.
History: L. 1977, ch. 288, § 12; L. 1978, ch. 375, § 2; L. 1979, ch. 299, § 2; L. 1988, ch. 354, § 2; July 1.
(a) The chairperson of the council shall be designated by the governor. The council shall provide for its organization and operating procedure including the selection of such other officers as deemed necessary.
(b) Members of the council attending meetings of the council, or attending a subcommittee meeting of the council authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto.
(c) The council shall meet at least twice a year or as often as the chairperson of the council or the secretary of the department deems necessary, or upon written request of five (5) members of the council, but in any case, the council shall not meet more than twelve (12) times in any one year.
History: L. 1977, ch. 288, § 13; April 28.
The advisory council on aging shall have the following powers and duties:
(a) Provide advocacy for the aging in the affairs of the department, the governor's office and other public and private, state and local agencies affecting the aging;
(b) review and comment upon reports of the department to the governor and the legislature;
(c) prepare and submit to the governor, the legislature and the secretary an annual report evaluating the level and quality of all programs, services and facilities provided to the aging by state agencies;
(d) review and comment upon the comprehensive state plan prepared by the department;
(e) review and comment upon disbursements by the department of public funds to public and private agencies;
(f) recommend candidates to the governor for appointment as secretary for aging and disability services;
(g) consult with the secretary regarding the operations of the department;
(h) serve as the advisory committee to the governor and the Kansas department for aging and disability services as required and defined in the rules and regulations, part 903.50(c), issued under the federal older Americans act of 1965 (public law 89-73), and amendments thereto;
(i) review and comment to the state long-term care ombudsman upon the policies and procedures of the office of long-term care ombudsman; and
(j) consult with the state long-term care ombudsman regarding needs for ombudsman services for aged Kansas residents.
History: L. 1977, ch. 288, § 14; L. 1980, ch. 291, § 9; L. 1998, ch. 101, § 3; L. 2014, ch. 115, § 385; July 1.
(a) On July 1, 1977, the balance of all funds appropriated and reappropriated to the department of social and rehabilitation services for the services to the aging section of said department shall be and is hereby transferred to the department on aging and shall be used only for the purposes for which the appropriation was originally made.
(b) On July 1, 1977, liability for all accrued compensation or salaries of officers and employees who, immediately prior to said date, were engaged in the performance of powers, duties or functions of the services to the aging section of the department of social and rehabilitation services, and who become officers and employees of the department on aging, shall be assumed and paid by the department on aging.
History: L. 1977, ch. 288, § 15; April 28.
Revisor's Note: Sections transferred to 75-7303 through 75-7314.
(a) The secretary for aging and disability services shall establish a telephone system to assist older Kansans, friends and relatives of older Kansans and other persons in obtaining information about and access to services available to both institutionalized and non-institutionalized older Kansans. The telephone system shall be designed to permit any person in the state to place a toll-free call into the system.
(b) The secretary for aging and disability services shall:
(1) Publicize the existence and purpose of the toll-free telephone system established by this section and the telephone number of such system;
(2) develop policies and procedures to document requests for assistance and monitor follow-up on such requests;
(3) develop policies and procedures to maintain confidentiality of requests for assistance;
(4) develop a program to train and coordinate the use of older Kansans within the toll-free telephone system;
(5) provide as part of the toll-free telephone system a call-forward system to assist in providing access to information; and
(6) develop a handbook of information to answer requests and for further referral.
(c) Upon written notification by the secretary for aging and disability services, every adult care home, as defined in K.S.A. 39-923(a)(1), and amendments thereto, title XX adult residential home licensed under K.S.A. 39-2001 et seq., and amendments thereto, recuperation center, as defined in K.S.A. 65-425(g), and amendments thereto, intermediate care facility, as defined in section 1905(c) of the federal social security act, skilled nursing facility, as defined in section 1861(j) of the federal social security act, and any other institution or facility that is licensed or certified by the state, that offers health, social or dietary care to elderly persons on a regular basis and that is financed in whole or in part by funds from the federal government, the state of Kansas, or any political subdivision thereof, shall prominently display notice of the existence of the toll-free telephone system established under this section and the telephone number of such system.
History: L. 1980, ch. 259, § 1; L. 2014, ch. 115, § 386; L. 2018, ch. 71, § 27; July 1.
History: L. 1982, ch. 333, § 1; L. 1989, ch. 278, § 1; Repealed, L. 1996, ch. 73, § 2; July 1.
(a) The secretary for aging and disability services shall establish an information and referral network through the existing toll-free telephone system to assist persons with Alzheimer's and related diseases, their relatives and friends and other persons in obtaining information about and access to services available for persons with Alzheimer's and related diseases. The telephone system shall be designed to permit any person in the state to place a toll-free call into the network.
(b) The secretary for aging and disability services shall establish within the Kansas department for aging and disability services an information and referral network under subsection (a) and research national, state and local information on Alzheimer's and related diseases and disseminate this information through the information and referral network. The secretary for aging and disability services shall publicize the existence and purpose of the toll-free telephone network established by this section and the telephone number of such network.
(c) In establishing the information and referral network under this section, the secretary for aging and disability services shall:
(1) Develop policies and procedures to document requests for assistance and monitor follow-up on such requests;
(2) develop policies and procedures to maintain confidentiality of requests for assistance;
(3) provide as part of the toll-free telephone network a call-forward system to assist in providing access to information;
(4) seek the cooperation and assistance of area agencies on aging in disseminating information and making referrals under this section;
(5) develop and periodically update a resource file of information to answer requests and expedite referrals; and
(6) assure that staff be trained in the area of Alzheimer's disease and related diseases on an ongoing basis.
(d) This section shall be part of and supplemental to the Kansas act on the aging.
History: L. 1986, ch. 310, § 1; L. 2014, ch. 115, § 387; L. 2014, ch. 115, § 387; July 1.
This act shall be known and may be cited as the Kansas senior care act.
History: L. 1989, ch. 255, § 1; July 1.
The legislature hereby finds and declares that:
(a) There are many older Kansans who face difficulties in maintaining self-care and independent living within the mainstream of life;
(b) inappropriate or premature institutionalization of persons who have not exhausted their financial resources often leads to exhaustion of those resources and placement in more costly and limited long-term-care services; and
(c) it is in the interest of older Kansans and of providers of care that a coordinated system of services be developed; and
(d) it is in the interest of older Kansans and of providers of care that preventative health services be made available.
History: L. 1989, ch. 255, § 2; L. 2005, ch. 13, § 1; July 1.
(a) Within the limitations of appropriations therefor, the secretary for aging and disability services is hereby authorized to establish a program of in-home services and a program of preventative health services for residents of Kansas 60 years of age or older who have functional limitations which restrict their ability to carry out activities of daily living and impede their ability to live independently.
(b) The secretary for aging and disability services shall establish and administer, pursuant to the provisions of the Kansas senior care act, a program of in-home services and a program of preventative health services as authorized under subsection (a). The secretary shall designate area agencies on aging to administer the program in their respective planning and service areas. The secretary shall allocate funds to an area agency on aging only after the area agency on aging has executed a contract with the secretary under the Kansas senior care act.
(c) The program of in-home services authorized under subsection (a) shall serve such planning and service areas and provide such services as may be specified by the secretary and as are consistent with the Kansas senior care act and with appropriation acts relating thereto.
(d) The program of preventative health services authorized under subsection (a) shall serve such planning and service areas and provide such services as may be specified by the secretary and as are consistent with the Kansas senior care act and with the appropriation acts relating thereto.
History: L. 1989, ch. 255, § 3; L. 1996, ch. 271, § 23; L. 1998, ch. 95, § 3; L. 2002, ch. 65, § 1; L. 2005, ch. 13, § 2; L. 2014, ch. 115, § 388; July 1.
(a) Funds appropriated for allocation under the Kansas senior care act shall be allocated to the area agencies on aging as follows:
(1) A portion of the funds shall be allocated to the area agencies on aging based on a funding formula established by the secretary;
(2) a portion of the funds, as determined by the secretary, shall be allocated to area agencies on aging that continue to receive matching funds directly as required by subsection (c) in accordance with the ratio for match established for this purpose by the secretary in rules and regulations adopted by the secretary; and
(3) a portion of the funds, as determined by the secretary, may be allocated to area agencies on aging that receive amounts of matching ad valorem property tax levy funds directly from local units of government, or the single entity responsible for ad valorem property tax levies for services for the aging, as designated by the local units of government, in excess of the amounts required by subsection (c), and any such allocation shall be in accordance with the ratio for match established for this purpose by the secretary in rules and regulations adopted by the secretary.
(b) Funds for purchase of service provided under the Kansas senior care act shall be expended only when other sources of support for service provision are not available. The funds shall not replace medicaid, older Americans act, community services block grant, medicare and other state or federal funding sources that may be used to pay for needed services.
(c) On and after the effective date of this act, each local unit of government that provided matching funds directly to an area agency on aging for the fiscal year ending June 30, 2001, shall continue to provide matching funds to the area agency on aging at the funding level provided directly to the area agency on aging for match for the fiscal year ending June 30, 2001.
History: L. 1989, ch. 255, § 4; L. 1992, ch. 303, § 1; L. 1993, ch. 210, § 1; L. 2002, ch. 65, § 2; July 1.
A screening and assessment mechanism shall be established by the secretary to be used for establishing every customer's need for services.
History: L. 1989, ch. 255, § 5; L. 2002, ch. 65, § 3; July 1.
The secretary shall adopt rules and regulations to govern:
(a) The eligibility of persons receiving the services;
(b) the maximum amount of funds to be expended for each customer;
(c) reports to be made to the secretary by the area agencies on aging; and
(d) such other matters as the secretary deems necessary for the administration of the Kansas senior care act.
History: L. 1989, ch. 255, § 6; L. 1996, ch. 271, § 22; L. 2002, ch. 65, § 4; July 1.
The secretary shall not execute a contract with an area agency on aging unless the contract contains:
(a) Evidence of support by the area on aging governing board or the area on aging advisory council;
(b) identification of service providers to be reimbursed for services;
(c) evidence that no in-home services will be directly provided by an area agency on aging; and
(d) a means acceptable for prioritizing customers who are most in need of the program's benefits.
History: L. 1989, ch. 255, § 7; L. 2002, ch. 65, § 5; July 1.
The secretary shall develop a sliding fee scale which shall be published annually in the Kansas register. Each customer's fee shall be based on the customer's income and assets. All customer fees and donations shall reduce the cost of services paid by the Kansas department for aging and disability services under the Kansas senior care act.
History: L. 1989, ch. 255, § 8; L. 2002, ch. 65, § 6; L. 2014, ch. 115, § 389; July 1.
The area agencies on aging that receive funding shall negotiate for and broker services either by themselves or through other agencies for adults in need of such services.
History: L. 1989, ch. 255, § 9; July 1.
History: L. 1989, ch. 255, § 10; L. 1996, ch. 124, § 1; Repealed, L. 1998, ch. 95, § 5; July 1.
The secretary may apply for and receive other funds, as appropriate, for the program established under this act.
History: L. 1989, ch. 255, § 11; July 1.
(a) The secretary for aging and disability services shall develop and submit to the legislature at the beginning of each regular session a report on the activities under the client assessment, referral and evaluation (CARE) program under K.S.A. 39-968, and amendments thereto, in-home and other services provided by the Kansas department for aging and disability services for older Kansans, and on all activities of the Kansas department for aging and disability services and for the programs and activities under the provisions of this act. The report shall contain detailed information regarding:
(1) The amounts of money allocated, anticipated to be expended, and expended to date for the current fiscal year for the home and community-based services program, assisted living services, institutional-based services program and each other program providing long-term services and the numbers of persons receiving services under each such program;
(2) the categories of and the actual amounts of expenditures for the costs of transferring the long-term care programs from the Kansas department for children and families to the Kansas department for aging and disability services, including identification of any reallocation of funds to finance the costs of such transfer;
(3) the activities of and resources dedicated to the client assessment, referral and evaluation (CARE) program during the transition period for the transfer of long-term care programs from the Kansas department for children and families to the Kansas department for aging and disability services under this act, including the persons served and the anticipated growth in the need for such services;
(4) the criteria adopted to evaluate the performance of the area agencies on aging and other providers of services under the client assessment, referral and evaluation (CARE) program and the long-term care services transferred from the Kansas department for children and families to the Kansas department for aging and disability services under this act and a review of the performance of the area agencies on aging and other providers of services under such criteria to date;
(5) the programs and procedures adopted to provide active advocacy for older Kansans and the activities thereunder, including expenditures therefor and the number of persons served thereby; and
(6) the programs and procedures adopted to provide incentives to control costs under each of the programs providing long-term care services.
(b) The secretary for aging and disability services shall prepare and submit interim reports of the matters to be contained in the report under subsection (a) to the oversight committee created by K.S.A. 46-2701, and amendments thereto, at the request of the oversight committee, and also shall submit a copy of the final report to the legislature under subsection (a) to the oversight committee.
History: L. 1996, ch. 271, § 21; L. 2014, ch. 115, § 390; July 1.
The secretary for aging and disability services shall administer the long-term care programs and services transferred in this act. All powers granted in this act are to be interpreted and administered in conformity with federal grant requirements as applicable to programs transferred, even if such powers are limited or excluded:
(a) The secretary for aging and disability services shall develop state plans or state plan amendments or portions of state plans or state plan amendments in consultation with the secretary for children and families relating to long-term care programs as provided under the federal social security act. The secretary for aging and disability services shall not develop any state plan amendment in duplication of or contrary to any state plan otherwise developed by the secretary for children and families. The secretary for aging and disability services may cooperate with the federal government on any other program providing federal financial assistance and long-term care services not otherwise inconsistent with this act. The secretary for aging and disability services is not required to develop a state plan for participation or cooperation in all federal social security act programs or other federal programs that are available for long-term care services. The secretary for aging and disability services may develop a state plan in regard to long-term care services in which the federal government does not participate.
(b) The secretary for aging and disability services, in consultation with the secretary for children and families, may determine the general policies relating to all forms of long-term care programs which are administered or supervised by the secretary for aging and disability services and to adopt the rules and regulations therefor.
(c) The secretary for aging and disability services shall adopt rules and regulations necessary to protect the confidentiality of all client information as required by federal and state statutes and regulations.
(d) The secretary for aging and disability services shall provide that all officers and employees of the Kansas department for children and families who are engaged in the exercise and performance of the powers, duties and functions of the programs transferred in this act and are determined by the secretary to be necessary to perform such functions are transferred to the Kansas department for aging and disability services. Officers and employees of the Kansas department for children and families shall retain all retirement benefits and leave rights which had accrued or vested prior to each 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 program transfers shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. The secretary for aging and disability services may appoint attorneys as are necessary to effectively carry out the mission of the department and the programs transferred by this act. The attorneys appointed shall be in the unclassified service under the Kansas civil service act, shall serve at the pleasure of the secretary, and shall receive an annual salary fixed by the secretary and approved by the governor. Nothing in this act shall affect the classified status of any transferred person employed as an attorney by the Kansas department for children and families prior to the date of transfer and the unclassified status shall apply only to persons appointed to such attorney positions on or after the effective date of this act.
(e) The secretary for aging and disability services shall establish an adequate system of financial records. The secretary for aging and disability services and the secretary for children and families shall execute agreements for the Kansas department for children and families and the Kansas department for aging and disability services to share data systems necessary to maximize the efficiency of program operations and to ensure that federal grant requirements are met. The secretary for aging and disability services shall make annual reports to the governor and shall make any reports required by federal agencies.
(f) The secretary for aging and disability services may receive, have custody of, protect, administer, disburse, dispose of and account for federal or private equipment, supplies and property which is given, granted, loaned or advanced to the state of Kansas for long-term care programs after the transfer of such programs pursuant to this act.
(g) The secretary for aging and disability services may assist other departments, agencies and institutions of the state and federal government and of other states under interstate agreements, when so requested, by performing services in conformity with the purpose of this act.
(h) The secretary for aging and disability services may lease real and personal property whenever the property is not available through the state or a political subdivision of the state for performing the functions required by this act.
(i) All contracts shall be made in the name of "secretary for aging and disability services" and in that name the secretary may sue and be sued on such contracts. The grant of authority under this subsection shall not be construed to be a waiver of any rights retained by the state under the 11th amendment to the United States constitution and shall be subject to and shall not supersede the provisions of any appropriations act of this state.
(j) The secretary for aging and disability services, except as set forth in the Kansas administrative procedure act and paragraphs 5 and 6, shall provide a fair hearing for any person who is an applicant, client or other interested person who appeals from the decision or final action of any agent or employee of the secretary. The hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act and the requirements of any applicable federal grant programs.
(1) The secretary for aging and disability services may investigate: (A) Any claims and vouchers and persons, businesses and other entities who provide services to the secretary of aging [secretary for aging and disability services] or to clients served by long-term care programs under the administration of the secretary; and (B) the eligibility of persons to receive services under long-term care programs under the administration of the secretary; and (C) the eligibility of providers of services.
(2) When conducting investigations, the secretary for aging and disability services may issue subpoenas; compel the attendance of witnesses at any place in this state; compel the production of any records, books, papers or other documents considered necessary; administer oaths; take testimony; and render decisions. If a person refuses to comply with any subpoena issued under this section or to testify to any matter regarding which the person may lawfully be questioned, the district court of any county, on application of the secretary, may issue an order requiring the person to comply with the subpoena and to testify. Failure to obey the order of the court may be punished by the court as a contempt of court. Unless incapacitated, the person placing a claim or defending a privilege before the secretary shall appear in person or by authorized representative and may not be excused from answering questions and supplying information, except in accordance with the person's constitutional rights and lawful privileges.
(3) The presiding officer may close any portion of a hearing conducted under the Kansas administrative procedure act when matters made confidential, pursuant to federal or state law or regulation are under consideration.
(4) Except as provided in subsection (d) of K.S.A. 77-511, and amendments thereto, and notwithstanding the other provisions of the Kansas administrative procedure act, the secretary for aging and disability services may enforce any order prior to the disposition of a person's application for an adjudicative proceeding unless prohibited from such action by federal or state statute, regulation or court order.
(5) This appeals procedure shall not have jurisdiction to determine the facial validity of a state or federal statute, rule or regulation.
(6) The secretary for aging and disability services shall not be required to provide a hearing if: (A) The appeals procedure lacks jurisdiction over the subject matter; (B) resolution of the matter does not require the secretary to issue an order that determines an applicant's or client's legal rights, duties, privileges, immunities or other legal interests; (C) the matter was not timely submitted for appeal pursuant to regulation or other provision of law; (D) the matter was not submitted in a form substantially complying with any applicable provision of law; or (E) the matter is under the prior or concurrent jurisdiction of the secretary for children and families pursuant to K.S.A. 75-3306, and amendments thereto.
(k) The secretary for aging and disability services may establish payment schedules for each group of providers for the long-term care programs. The secretary shall consider budgetary constraints as a factor in establishing payment schedules so long as the result does not conflict with applicable federal law. The secretary shall not be required to make any payments under any federal grant program which do not meet the requirements for state and federal financial participation. The secretary shall not be required to establish or pay at rates which are in excess of the minimum necessary payment requirements regardless of excess costs incurred by a provider.
(l) The secretary for aging and disability services shall review all rules and regulations of the department on aging [Kansas department for aging and disability services] and shall amend and revoke the rules and regulations to conform to the purposes of this act.
(m) The secretary for aging and disability services may implement a program which would permit the value of any services provided by the area agencies on aging for the benefit of any long-term care programs administered by the secretary to be considered eligible for federal financial participation for such long-term care programs.
History: L. 1996, ch. 271, § 2; L. 1998, ch. 95, § 4; L. 2014, ch. 115, § 391; July 1.
(a) The secretary for aging and disability services may contract for long-term care services with area agencies on aging or other community based entities designated by the secretary for aging and disability services. If an area agency on aging or other community based entity fails or is unable to provide services and local administration of the system, the secretary for aging and disability services shall enter into contracts for services with qualified local not-for-profit and other service providers to perform such services. All contracts made under this section, and all renewal contracts, shall provide that the contract is subject to successfully meeting performance standards set by the secretary for aging and disability services.
(b) Each such contract with an area agency on aging shall require the area agency on aging to submit to the secretary for aging and disability services a report annually on activities under the contract during the fiscal year by the area agency on aging, which report shall also include information about all kinds of services provided by the area agency on aging, including long-term care services, and the number of persons receiving each kind of service during the fiscal year. The secretary for aging and disability services shall submit to the senate committee on ways and means and the house of representatives committee on appropriations at the beginning of the regular session of the legislature in 1997 and annually thereafter a report of the information contained in such reports from the area agencies on aging.
(c) All such contracts for long-term care services shall be subject to appropriations limitations. No such contracts shall provide for any indemnification of any independent contractor. All such contractors shall be subject to and limited by any applicable federal grant requirements. The secretary may, but is not required to, comply with the competitive bid requirements of K.S.A. 75-3739, and amendments thereto. The secretary for aging and disability services shall be required to adopt rules and regulations for the administration of such contracts. If necessary to comply with applicable federal grant requirements, such powers may be assumed by the secretary for aging and disability services.
History: L. 1996, ch. 271, § 3; L. 2014, ch. 115, § 392; July 1.
The secretary for aging and disability services may contract for the services of persons to assist in the preparation of expert testimony for litigation and to act as expert witnesses in litigation. Any such contracts shall be exempt from the competitive bid requirements of K.S.A. 75-3739, and amendments thereto.
History: L. 1996, ch. 271, § 4; L. 2014, ch. 115, § 393; July 1.
The program transfers shall be made pursuant to a transition plan and such transfers shall be made on or before July 1, 1997. Such transition plan shall be jointly developed by the secretary of social and rehabilitation services and the secretary of aging. Such transition plan shall be interpreted and administered to comply with applicable federal grant requirements. Such transition plan shall be developed, as practicable, to minimize confusion and disruptions to affected program consumers.
History: L. 1996, ch. 271, § 5; July 1.
Pursuant to the transition plan provided for by K.S.A. 75-5948, and amendments thereto, the secretary for children and families shall transfer from the Kansas department for children and families to the Kansas department for aging and disability services all applicable appropriations, resources and obligations associated with these programs.
History: L. 1996, ch. 271, § 6; L. 2014, ch. 115, § 394; July 1.
The secretary of aging shall be a continuation of the secretary of social and rehabilitation services as to the programs transferred in accordance with the transition plan provided for by K.S.A. 75-5948 and shall be the successor in every way to the powers, duties and functions of the secretary of social and rehabilitation services for such programs, except as otherwise provided. On and after the transfer date for each of the programs transferred, every act performed in the exercise of such powers, duties and functions by or under the authority of the secretary of aging shall be deemed to have the same force and effect as if performed by the secretary of social and rehabilitation services in whom such powers were vested prior to the transfer.
History: L. 1996, ch. 271, § 7; July 1.
(a) No suit, action or other proceeding, judicial or administrative, which pertains to any of the transferred long-term care programs, and which is lawfully commenced, or could have been commenced, by or against the secretary for children and families in such secretary's official capacity or in relation to the discharge of such secretary's official duties, shall abate by reason of the transfer of such programs. The secretary for aging and disability services shall be named or substituted as the defendant in place of the secretary for children and families in any suit, action or other proceeding involving claims arising from facts or events first occurring either on or before the date the pertinent program is transferred or on any date thereafter.
(b) No suit, action or other proceeding, judicial or administrative, pertaining to the transferred long-term care programs which otherwise would have been dismissed or concluded shall continue to exist by reason of any transfer under this act.
(c) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
(d) Any final appeal decision of the Kansas department for children and families entered pursuant to K.S.A. 75-3306, and amendments thereto, or the Kansas judicial review act currently pertaining to any long-term care program transferred pursuant to this act shall be binding upon and applicable to the secretary for aging and disability services and the Kansas department for aging and disability services.
History: L. 1996, ch. 271, § 8; L. 2010, ch. 17, § 203; L. 2014, ch. 115, § 395; July 1.
The secretary for children and families and the secretary for aging and disability services shall require their agents and employees to be equally available for preparation for and testimony in any administrative hearing of or judicial proceeding pertaining to the Kansas department for children and families or the Kansas department for aging and disability services and any program or service transferred under this act.
History: L. 1996, ch. 271, § 9; L. 2014, ch. 115, § 396; July 1.
(a) If or when any conflict arises as to the disposition of any power, duty or function or issues involving resources, appropriations and obligations as a result of a transfer made under the authority of this act, such conflict shall be resolved by the governor and the decision of the governor shall be final.
(b) If or when any conflict arises as to the succession to any property and records related to any transfer made under the authority of this act, such conflict shall be resolved by the governor and the decision of the governor shall be final.
History: L. 1996, ch. 271, § 10; July 1.
Prior to December 31, 1996, the secretary of social and rehabilitation services and the secretary of aging shall report to the governor and the legislature on any known statutory changes required for the performance of the functions of this act.
History: L. 1996, ch. 271, § 11; July 1.
If any word, phrase, sentence or provision of this act is determined to be invalid, such invalidity shall not affect the other provisions of this act and they shall be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable.
History: L. 1996, ch. 271, § 12; July 1.
The secretary for aging and disability services shall ensure statewide service access is available in a timely manner and shall adopt an application procedure for long-term care services which presumes the eligibility of persons applying for long-term care services from the date of application.
History: L. 1996, ch. 271, § 18; L. 2014, ch. 115, § 397; July 1.
On and after July 1, 1996, the eligibility requirement that applicants for institutional-based long-term care services shall not have income in excess of a maximum amount equal to 300% of federal supplemental security income shall no longer be applied to applicants for institutional-based long-term care services.
History: L. 1996, ch. 271, § 20; July 1.
Subject to the provisions of appropriations acts, the secretary for aging and disability services shall increase nursing facility reimbursement rates. The secretary for aging and disability services shall implement a base-year model of reimbursement for nursing facilities. For fiscal year 2008, the information from cost reports for calendar years 2003, 2004 and 2005 shall be averaged together to be used to calculate the base year. For fiscal year 2009 and each fiscal year thereafter, the information from the cost reports for the three most recent calendar years preceding the beginning of the fiscal year shall be averaged together to be used to calculate the base year. The secretary for aging and disability services shall not apply the 85% rule regarding number of beds filled for nursing facilities with 60 licensed beds or less to determine nursing facility reimbursement rates.
History: L. 2006, ch. 208, § 11; L. 2007, ch. 175, § 1; L. 2014, ch. 115, § 398; July 1.
(a) Within the limits of appropriations therefor, the secretary for aging and disability services shall establish a senior pharmacy assistance program in accordance with the provisions of this section. The senior pharmacy assistance program shall provide financial assistance to eligible individuals for the purchase of prescription drugs.
(b) The secretary for aging and disability services shall adopt rules and regulations establishing eligibility for the senior pharmacy assistance program subject to the following criteria:
(1) An individual to be eligible for the program must be 65 years of age or older;
(2) an eligible individual's income must not exceed 200% of the federal poverty guidelines for a one person family unit and the individual's household income must not exceed 200% of the federal poverty guidelines for a two person family unit;
(3) an eligible individual must not qualify for funding from any other local, state or federal prescription drug program;
(4) an eligible individual must not be covered under any private prescription reimbursement plan; and
(5) an eligible individual must not have voluntarily canceled a local, state or federal prescription drug program or a private prescription reimbursement plan, except in an incidence of financial hardship, within six months prior to application for enrollment in the senior pharmacy assistance program.
(c) The secretary for aging and disability services shall adopt rules and regulations as necessary to implement the provisions of the senior pharmacy assistance program at a level that can be supported within appropriated funds available therefor. The secretary for aging and disability services shall adopt rules and regulations which establish the benefits, limitations and cost-sharing requirements for the senior pharmacy assistance program. Enrollment in the program shall be in accordance with applications and procedures established by the secretary for aging and disability services.
(d) The provisions of this section and the senior pharmacy assistance program are hereby suspended on the day upon which payments commence under any federal law enacted on or after the effective date of this act which provides financial assistance for the purchase of prescription drugs to individuals eligible for financial assistance for the purchase of prescription drugs.
History: L. 2000, ch. 154, § 1; L. 2003, ch. 157, § 1; L. 2014, ch. 115, § 399; July 1.
History: L. 2000, ch. 154, § 2; Repealed, L. 2003, ch. 157, § 2; July 1.
(a) The community crisis stabilization centers fund is hereby created in the state treasury and shall be administered by the Kansas department for aging and disability services. The community crisis stabilization centers fund shall consist of those moneys credited to the community crisis stabilization centers fund pursuant to K.S.A. 74-8711(e), and amendments thereto. All expenditures from the community crisis stabilization centers fund shall be for community crisis stabilization centers operated through community mental health centers, 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 for aging and disability services.
(b) The clubhouse model program fund is hereby created in the state treasury and shall be administered by the Kansas department for aging and disability services. The clubhouse model program fund shall consist of those moneys credited to the clubhouse model program fund pursuant to K.S.A. 74-8711(e), and amendments thereto. All expenditures from the clubhouse model program fund shall be for certified clubhouse model 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 secretary for aging and disability services.
History: L. 2018, ch. 96, § 7; May 24.
K.S.A. 2025 Supp. 75-5964 through 75-5971, and amendments thereto, shall be known and may be cited as the living, investing in values and ending suicide (LIVES) act.
History: L. 2022, ch. 100, § 1; July 1.
As used in K.S.A. 2025 Supp. 75-5964 through 75-5971, and amendments thereto:
(a) "Crisis stabilization services" means short-term services of up to 72 hours with capacity for diagnosis, initial management, observation, crisis stabilization and follow-up referral services.
(b) "Department" means the Kansas department for aging and disability services.
(c) "Exchange telecommunications service" means the same as provided in K.S.A. 12-5363, and amendments thereto.
(d) "Hotline" means the 988 suicide prevention and mental health crisis hotline or its successor maintained by the assistant secretary for mental health and substance use under 42 U.S.C. § 290bb-36c.
(e) "Hotline center" means a 988 suicide prevention and mental health crisis hotline center, designated by the Kansas department for aging and disability services, participating in the national suicide prevention lifeline network to respond to statewide or regional 988 calls.
(f) "Mobile crisis team" means a team of behavioral health professionals and peers that provide professional, community-based, crisis intervention services, including, but not limited to, de-escalation and stabilization for individuals who are experiencing a behavioral health crisis. Such services are separate and distinct from 911 emergency responses of emergency medical services or law enforcement.
(g) "NSPL" means the national suicide prevention lifeline, the national network of local, certified crisis centers that provide free and confidential emotional support to people in suicidal crisis or emotional distress 24 hours per day, seven days per week.
(h) "Peer specialist" means an individual certified by the department to provide supportive services on the basis of such individual's personal, lived experience of mental illness or addiction and recovery.
(i) "Provider" means the same as defined in K.S.A. 12-5363, and amendments thereto.
(j) "Secretary" means the secretary for aging and disability services.
(k) "Services" means behavioral health services.
(l) "Service user" means any person who is provided exchange telecommunications service, wireless telecommunications service, VoIP service, prepaid wireless service or any other service capable of contacting a hotline center by dialing 988.
(m) "VCL" means the veterans crisis line maintained by the United States secretary of veterans affairs under 38 U.S.C. § 1720F(h).
(n) "VoIP service" means the same as provided in K.S.A. 12-5363, and amendments thereto.
(o) "Wireless telecommunications service" means the same as provided in K.S.A. 12-5363, and amendments thereto.
History: L. 2022, ch. 100, § 2; July 1.
In accordance with 47 C.F.R. § 52.200:
(a) The Kansas department for aging and disability services shall:
(1) Prior to July 16, 2022:
(A) Designate a hotline center or network of centers to provide crisis intervention services and care coordination to individuals accessing the hotline for 24 hours per day, seven days per week;
(B) create a system for information sharing and communication between crisis and emergency response systems and hotline centers for the purpose of real-time crisis care coordination, including, but not limited to, deployment of crisis and outgoing services specific to a crisis response or 911 emergency responders when necessary;
(C) convene mobile crisis teams;
(D) develop guidelines for deploying services, including mobile crisis teams, coordinating access to crisis stabilization services or other local resources as appropriate, and providing referrals and follow-ups;
(E) coordinate consistent public messaging regarding the hotline with NSPL, the department and the United States department of veterans affairs;
(F) require training as established by NSPL for hotline center staff for servicing high-risk and specialized populations identified by the substance abuse and mental health services administration within the United States department of health and human services or transferring to appropriate specialized centers;
(G) work with the Kansas department of health and environment and KanCare managed care organizations to develop plans for payment for KanCare members and uninsured services;
(H) create an advisory board to provide guidance to the secretary and gather feedback and make recommendations for hotline centers, local counties and municipalities regarding the planning and implementation of the hotline;
(I) hire a statewide suicide prevention coordinator; and
(J) adopt rules and regulations to implement the provisions of this act.
(2) After July 16, 2022:
(A) Consult with the advisory board to provide guidance to the secretary and gather feedback and make recommendations for hotline centers, local counties and municipalities regarding usage and services provided in response to calls to the hotline centers;
(B) fund payment for crisis stabilization services provided to an individual in direct response to a hotline center call if such individual is uninsured or such services are not covered by such individual's insurance; and
(C) apply for, receive, administer and utilize any grants or financial assistance that the federal government or other public or private sources make available for the purposes of this act.
(b) The hotline centers shall:
(1) Prior to July 16, 2022:
(A) Establish an agreement with the NSPL for participation within the network;
(B) meet any training requirements for hotline center staff established by the NSPL or the department in subsection (a);
(C) enter into memorandums of understanding with local service providers to be deployed according to the guidelines established by the department in subsection (a);
(D) coordinate access to crisis stabilization services or other local resources as appropriate according to the guidelines established by the department in subsection (a);
(E) provide referrals and follow-ups according to the guidelines established by the department in subsection (a);
(F) work with the United States department of veterans affairs to route calls from self-designated veterans for the provision of VCL services; and
(G) meet any requirement set forth in subsection (b)(2), if the center has the capabilities to meet such provisions before July 16, 2022.
(2) After July 16, 2022:
(A) Receive all calls initiated by a service user dialing 988 from providers;
(B) deploy crisis services, including mobile crisis teams according to the guidelines established by the department in subsection (a);
(C) coordinate access to crisis stabilization services or other local resources as appropriate according to guidelines established by the department in subsection (a);
(D) provide referrals and follow-ups according to the guidelines established by the department in subsection (a);
(E) continue to meet training requirements established by the NSPL and the department in subsection (a); and
(F) continue to work with the United States department of veterans affairs to route calls from self-designated veterans for the provision of VCL services.
(c) Providers shall:
(1) Prior to July 16, 2022:
(A) Establish 988 as the unique number for suicide prevention and mental health crisis;
(B) transmit all calls initiated by a service user dialing 988 to the current toll-free access number for the NSPL;
(C) complete all changes necessary to implement the designation of the 988 dialing code; and
(D) prepare for the potential collection and remittance of fees to the 988 suicide prevention and mental health crisis hotline fund established pursuant to K.S.A. 2025 Supp. 75-5968, and amendments thereto.
(2) After July 16, 2022, direct all calls initiated by a user dialing 988 to hotline centers.
History: L. 2022, ch. 100, § 3; July 1.
Except as provided by the Kansas tort claims act and except for action or inaction that constitutes gross negligence or willful and wanton misconduct, each provider, and employees, agents, suppliers and subcontractors thereof, and each seller, and employees, agents, suppliers and subcontractors thereof, shall not be liable for the payment of damages resulting directly or indirectly from the total or partial failure of any transmission to an emergency communication service or for damages resulting from the performance of installing, maintaining or providing 988 service.
History: L. 2022, ch. 100, § 4; July 1.
(a) There is hereby established in the state treasury the 988 suicide prevention and mental health crisis hotline fund to be administered by the secretary for aging and disability services. Moneys received from any public or private entity for the purposes of the fund shall be credited to such fund.
(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 988 suicide prevention and mental health crisis hotline fund, interest earnings based on:
(1) The average daily balance of moneys in the 988 suicide prevention and mental health crisis hotline fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(c) (1) Moneys credited to the fund shall be used only to pay expenses that are reasonably attributed to:
(A) Ensuring the efficient and effective routing of calls made to the 988 national suicide prevention and mental health crisis hotline to an appropriate crisis center; and
(B) personnel and the provision of acute mental health services, the provision of mobile crisis response services, including, but not limited to, services for those persons with intellectual or developmental disabilities and persons with behavioral health needs, crisis outreach and stabilization services by directly responding to the 988 national suicide prevention and mental health crisis hotline, public promotion, data collection and reporting.
(2) Moneys credited to the fund shall not be used to pay expenses that are attributed to persons or entities who are domiciled outside of this state.
(d) 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 or the secretary's designee.
(e) Moneys in the 988 suicide prevention and mental health crisis hotline 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 fund shall remain intact and inviolate for the purposes set forth in this section, and moneys in the fund shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
(f) (1) On July 1, 2022, and on each July 1 thereafter, except as provided in paragraph (2), the director of accounts and reports shall transfer $10,000,000 from the state general fund to the 988 suicide prevention and mental health crisis hotline fund.
(2) For the fiscal year ending June 30, 2023, and each fiscal year thereafter, the secretary for aging and disability services, in consultation with the director of the budget, shall certify at the end of each such fiscal year the amount of the unencumbered ending balance of moneys in the 988 suicide prevention and mental health crisis hotline fund and shall transmit such certification to the director of accounts and reports and the director of legislative research. Upon receipt of such certification, the director of accounts and reports shall reduce the amount of the demand transfer required to be made pursuant to paragraph (1) for the fiscal year following such certification by such certified amount.
History: L. 2022, ch. 100, § 5; July 1.
On or before the first day of each regular session of the legislature, the secretary for aging and disability services shall submit a report to the house of representatives standing committees on appropriations, energy, utilities and telecommunications and health and human services and the senate standing committees on ways and means, utilities and public health and welfare, or any successor committees thereto, that provides the following:
(a) Outcomes related to implementation of the 988 suicide prevention and mental health crisis hotline in Kansas, including key performance indicators;
(b) the hotline's usage in the state;
(c) the services provided in response to calls to the hotline centers;
(d) whether any grants or financial assistance has been made available from any federal or other public or private source for the purpose of this act, whether any applications were submitted to receive such grants or financial assistance and the amounts received from any such grants or financial assistance;
(e) an estimate of the costs that will be necessary to continue to support and fund the requirements of this act in the ensuing fiscal year; and
(f) recommendations regarding how such costs may be funded, including through the imposition and collection of fees or charges on telecommunications services with estimates of such fees or charges.
History: L. 2022, ch. 100, § 6; July 1.
Each school district that issues student identification cards to students in any of the grades six through 12 is encouraged to include on such student identification cards the 988 suicide prevention and mental health crisis hotline number or, if such hotline is not in operation, then a local, state or national suicide prevention hotline telephone number.
History: L. 2022, ch. 100, § 7; July 1.
(a) (1) There is hereby created the 988 coordinating council.
(2) The 988 coordinating council shall advise the secretary for aging and disability services on the delivery of 988 services, strategies for future enhancements to the 988 system and the distribution of funds to organizations providing services as national suicide prevention lifeline centers. To the extent possible, the council shall include individuals with technical expertise regarding mental health crisis delivery services, call center technology and services and any other relevant subject matter.
(b) (1) The 988 coordinating council shall consist of the following 11 voting members:
(A) Nine voting members appointed by the governor as follows:
(i) One member representing information technology personnel from governmental units;
(ii) one member representing the Kansas sheriff's association;
(iii) one member representing the Kansas association of chiefs of police;
(iv) one member representing the Kansas association of community mental health centers;
(v) one member representing interhab;
(vi) one member from the Kansas department for aging and disability services;
(vii) one member recommended by the Kansas commission for the deaf and hard of hearing;
(viii) one member representing national suicide prevention lifeline centers located in counties with a population of fewer than 75,000; and
(ix) one member representing national suicide prevention lifeline centers located in counties with a population greater than 75,000; and
(B) two voting members appointed by the legislative coordinating council, including one member of the house of representatives standing committee on appropriations and one member of the senate standing committee on ways and means.
(2) The 988 coordinating council shall also include the following nonvoting members appointed by the governor:
(A) One member representing rural telecommunications companies recommended by the Kansas rural independent telephone companies;
(B) one member representing incumbent local exchange carriers with over 50,000 access lines;
(C) one member representing large wireless providers;
(D) one member recommended by the league of Kansas municipalities;
(E) one member recommended by the Kansas association of counties; and
(F) one member recommended by the mid-America regional council who is a resident of Kansas.
(c) (1) Except as otherwise provided in this subsection, each voting member appointed to the council shall be appointed for a three-year term and until a successor is appointed and qualified. Of the nine voting members appointed by the governor, three shall be appointed to an initial term of two years and three shall be appointed to an initial term of four years, as specified by the governor.
(2) A voting member shall not serve longer than two successive three-year terms. A voting member appointed as a replacement for another voting member may finish the term of the predecessor and may serve two additional successive terms.
(d) The governor shall select the chairperson of the 988 coordinating council, who shall serve as chairperson at the pleasure of the governor. The chairperson shall serve subject to the direction of the council and ensure that policies adopted by the council are carried out. The chairperson shall serve as the liaison between the council and the federal substance abuse and mental health services administration. The chairperson shall preside over all meetings of the council and assist the council in effectuating the provisions of this act.
(e) All expenses related to the council shall be paid from the 988 suicide prevention and mental health crisis hotline fund established by K.S.A. 2025 Supp. 75-5968, and amendments thereto. Members of the council and other persons appointed to subcommittees by the council may receive reimbursement for meals and travel expenses, but shall serve without other compensation. Legislative members of the council shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3212, and amendments thereto, when attending meetings of the council.
(f) Every service provider shall submit contact information for the service provider to the council. Any service provider that has not previously provided wireless telecommunications service in this state shall submit contact information for the service provider to the council within three months of first offering wireless telecommunications services in this state.
(g) On or before the first day of each regular session of the legislature, the 988 coordinating council shall make and submit a report to the house of representatives standing committee on energy, utilities and telecommunications and the senate standing committee on utilities, or any successor committees thereto, that includes a detailed description of all expenditures made by the national suicide prevention lifeline centers.
(h) The provisions of this section shall expire on July 1, 2026.
History: L. 2022, ch. 100, § 8; July 1.
History: L. 1978, ch. 354, §§ 1, 2; July 1; Expired July 1, 1988.
History: L. 1978, ch. 354, § 3; L. 1980, ch. 292, § 1; L. 1984, ch. 337, § 2; July 1; Expired July 1, 1988.
History: L. 1978, ch. 354, §§ 4 to 6; July 1; Expired July 1, 1988.
History: L. 1978, ch. 354, §§ 7, 8; Repealed, L. 1984, ch. 337, § 4; July 1; Expired July 1, 1988.
History: L. 1978, ch. 354, § 9; July 1; Expired July 1, 1988.
History: L. 1978, ch. 354, § 10; L. 1980, ch. 293, § 1; L. 1984, ch. 337, § 1; July 1; Expired July 1, 1988.
The secretary of administration, with the assistance of the director of purchases, shall submit a report prior to the regular session of the legislature to the governor, the legislature and the secretary of economic development, indicating the estimated total dollar value of contracts let to small businesses and the estimated number of small businesses who received contracts in the preceding state fiscal year, based upon historical data. This report shall include:
(a) The total dollar value estimated to have been expended on contracts with small businesses and the estimated number of transactions this represents; and
(b) the actual total dollar value expended on contracts with minority businesses and women-owned businesses, and the actual number of transactions this represents.
History: L. 1984, ch. 337, § 3; July 1.
(a) K.S.A. 75-6101 to 75-6115, inclusive, shall be known and may be cited as the Kansas tort claims act.
(b) The Kansas tort claims act shall be applicable to claims arising from acts or omissions occurring on and after the effective date of this act.
(c) Municipalities may not exempt themselves from the provisions of the Kansas tort claims act by charter ordinance, charter resolution or other action.
History: L. 1979, ch. 186, § 1; July 1.
As used in K.S.A. 75-6101 through 75-6118, and amendments thereto, unless the context clearly requires otherwise:
(a) "State" means the state of Kansas and any department or branch of state government, or any agency, authority, institution or other instrumentality thereof.
(b) "Municipality" means any county, township, city, school district or other political or taxing subdivision of the state, or any agency, authority, institution or other instrumentality thereof.
(c) "Governmental entity" means state or municipality.
(d) (1) "Employee" means: (A) Any officer, employee, servant or member of a board, commission, committee, division, department, branch or council of a governmental entity, including elected or appointed officials and persons acting on behalf or in service of a governmental entity in any official capacity, whether with or without compensation and a charitable healthcare provider;
(B) any steward or racing judge appointed pursuant to K.S.A. 74-8818, and amendments thereto, regardless of whether the services of such steward or racing judge are rendered pursuant to contract as an independent contractor;
(C) employees of the United States marshals service engaged in the transportation of inmates on behalf of the secretary of corrections;
(D) a person who is an employee of a nonprofit independent contractor, other than a municipality, under contract to provide educational or vocational training to inmates in the custody of the secretary of corrections and who is engaged in providing such service in an institution under the control of the secretary of corrections provided that such employee does not otherwise have coverage for such acts and omissions within the scope of their employment through a liability insurance contract of such independent contractor;
(E) a person who is an employee or volunteer of a nonprofit program, other than a municipality, who has contracted with the commissioner of juvenile justice or with another nonprofit program that has contracted with the secretary of corrections to provide a juvenile justice program for juvenile offenders in a judicial district provided that such employee or volunteer does not otherwise have coverage for such acts and omissions within the scope of their employment or volunteer activities through a liability insurance contract of such nonprofit program;
(F) a person who contracts with the Kansas guardianship program to provide services as a court-appointed guardian or conservator;
(G) an employee of an indigent healthcare clinic;
(H) former employees for acts and omissions within the scope of their employment during their former employment with the governmental entity;
(I) any member of a regional medical emergency response team, created under the provisions of K.S.A. 48-928, and amendments thereto, in connection with authorized training or upon activation for an emergency response;
(J) any member of a regional search and rescue team or regional hazardous materials response team contracting with the state fire marshal pursuant to K.S.A. 31-133, and amendments thereto, or K.S.A. 75-1518, and amendments thereto, in connection with authorized training or upon activation for an emergency response; and
(K) medical students enrolled at the university of Kansas medical center who are in clinical training, on or after July 1, 2008, at the university of Kansas medical center or at another healthcare institution.
(2) "Employee" does not include: (A) An individual or entity for actions within the scope of K.S.A. 60-3614, and amendments thereto; or
(B) any independent contractor under contract with a governmental entity except those contractors specifically listed in subsection (d)(1).
(e) "Charitable healthcare provider" means a person licensed by the state board of healing arts as an exempt licensee or a federally active licensee, a person issued a limited permit by the state board of healing arts, a physician assistant licensed by the state board of healing arts, a mental health practitioner licensed by the behavioral sciences regulatory board, an ultrasound technologist currently registered in any area of sonography credentialed through the American registry of radiology technologists, the American registry for diagnostic medical sonography or cardiovascular credentialing international and working under the supervision of a person licensed to practice medicine and surgery, or a healthcare provider as the term "healthcare provider" is defined under K.S.A. 65-4921, and amendments thereto, who has entered into an agreement with:
(1) The secretary of health and environment under K.S.A. 75-6120, and amendments thereto, who, pursuant to such agreement, gratuitously renders professional services to a person who has provided information that would reasonably lead the healthcare provider to make the good faith assumption that such person meets the definition of medically indigent person as defined by this section or to a person receiving medical assistance from the programs operated by the department of health and environment, and who is considered an employee of the state of Kansas under K.S.A. 75-6120, and amendments thereto;
(2) the secretary of health and environment and who, pursuant to such agreement, gratuitously renders professional services in conducting children's immunization programs administered by the secretary;
(3) a local health department or indigent healthcare clinic that renders professional services to medically indigent persons or persons receiving medical assistance from the programs operated by the department of health and environment gratuitously or for a fee paid by the local health department or indigent healthcare clinic to such provider and who is considered an employee of the state of Kansas under K.S.A. 75-6120, and amendments thereto. Professional services rendered by a provider under this paragraph shall be considered gratuitous notwithstanding fees based on income eligibility guidelines charged by a local health department or indigent healthcare clinic and notwithstanding any fee paid by the local health department or indigent healthcare clinic to a provider in accordance with this paragraph; or
(4) the secretary of health and environment to provide dentistry services defined by K.S.A. 65-1422 et seq., and amendments thereto, or dental hygienist services defined by K.S.A. 65-1456, and amendments thereto, that are targeted, but are not limited to, medically indigent persons, and are provided on a gratuitous basis: (A) At a location sponsored by a not-for-profit organization that is not the dentist or dental hygienist office location; (B) at the office location of a dentist or dental hygienist provided the care be delivered as part of a program organized by a not-for-profit organization and approved by the secretary of health and environment; or (C) as part of a charitable program organized by the dentist that has been approved by the secretary of health and environment upon a showing that the dentist seeks to treat medically indigent patients on a gratuitous basis, except that such dentistry services and dental hygienist services shall not include "oral and maxillofacial surgery" as defined by K.A.R. 71-2-2, or use sedation or general anesthesia that result in "deep sedation" or "general anesthesia" as defined by K.A.R. 71-5-7.
(f) "Medically indigent person" means a person who lacks resources to pay for medically necessary healthcare services and who meets the eligibility criteria for qualification as a medically indigent person established by the secretary of health and environment under K.S.A. 75-6120, and amendments thereto.
(g) "Indigent healthcare clinic" means an outpatient medical care clinic operated on a not-for-profit basis that has a contractual agreement in effect with the secretary of health and environment to provide healthcare services to medically indigent persons.
(h) "Local health department" means the same as defined in K.S.A. 65-241, and amendments thereto.
(i) "Fire control, fire rescue or emergency medical services equipment" means any vehicle, firefighting tool, protective clothing, breathing apparatus and any other supplies, tools or equipment used in firefighting or fire rescue or in the provision of emergency medical services.
(j) "Community mental health center" means the same as defined in K.S.A. 39-2002, and amendments thereto.
History: L. 1979, ch. 186, § 2; L. 1982, ch. 374, § 1; L. 1983, ch. 299, § 1; L. 1987, ch. 353, § 1; L. 1990, ch. 146, § 4; L. 1990, ch. 329, § 2; L. 1990, ch. 149, § 9; L. 1991, ch. 268, § 1; L. 1991, ch. 182, § 5; L. 1993, ch. 29, § 2; L. 1994, ch. 343, § 1; L. 1995, ch. 82, § 7; L. 1996, ch. 91, § 4; L. 1997, ch. 156, § 91; L. 2000, ch. 164, § 1; L. 2002, ch. 46, § 1; L. 2003, ch. 2, § 1; L. 2003, ch. 158, § 9; L. 2004, ch. 122, § 1; L. 2005, ch. 139, § 2; L. 2009, ch. 44, § 1; L. 2010, ch. 86, § 1; L. 2011, ch. 5, § 1; L. 2012, ch. 109, § 5; L. 2013, ch. 133, § 32; L. 2015, ch. 50, § 3; L. 2016, ch. 92, § 3; L. 2018, ch. 71, § 28; July 1.
History: L. 1979, ch. 186, § 2; L. 1982, ch. 374, § 1; L. 1983, ch. 299, § 1; L. 1987, ch. 353, § 1; L. 1990, ch. 146, § 4; L. 1990, ch. 329, § 2; L. 1990, ch. 149, § 9; L. 1991, ch. 268, § 1; L. 1991, ch. 182, § 5; L. 1993, ch. 29, § 2; L. 1994, ch. 343, § 1; L. 1995, ch. 82, § 7; L. 1996, ch. 91, § 4; L. 1997, ch. 156, § 91; L. 2000, ch. 162, § 26; Repealed, L. 2002, ch. 46, § 2; Repealed, L. 2002, ch. 149, § 8; July 1.
History: L. 1979, ch. 186, § 2; L. 1982, ch. 374, § 1; L. 1983, ch. 299, § 1; L. 1987, ch. 353, § 1; L. 1990, ch. 146, § 4; L. 1990, ch. 329, § 2; L. 1990, ch. 149, § 9; L. 1991, ch. 268, § 1; L. 1991, ch. 182, § 5; L. 1993, ch. 29, § 2; L. 1994, ch. 343, § 1; L. 1995, ch. 82, § 7; L. 1996, ch. 91, § 4; L. 1997, ch. 156, § 91; L. 2000, ch. 164, § 1; L. 2002, ch. 149, § 7; Repealed, L. 2003, ch. 158, § 11; July 1.
History: L. 1979, ch. 186, § 2; L. 1982, ch. 374, § 1; L. 1983, ch. 299, § 1; L. 1987, ch. 353, § 1; L. 1990, ch. 146, § 4; L. 1990, ch. 329, § 2; L. 1990, ch. 149, § 9; L. 1991, ch. 268, § 1; L. 1991, ch. 182, § 5; L. 1993, ch. 29, § 2; L. 1994, ch. 343, § 1; L. 1995, ch. 82, § 7; L. 1996, ch. 91, § 4; L. 1997, ch. 156, § 91; L. 2000, ch. 164, § 1; L. 2002, ch. 46, § 1; L. 2003, ch. 2, § 1; L. 2003, ch. 158, § 9; L. 2004, ch. 122, § 1; L. 2005, ch. 139, § 2; L. 2009, ch. 44, § 1; L. 2010, ch. 86, § 1; L. 2011, ch. 5, § 1; L. 2012, ch. 102, § 35; Repealed, L. 2013, ch. 133, § 37; July 1.
(a) Subject to the limitations of this act, each governmental entity shall be liable for damages caused by the negligent or wrongful act or omission of any of its employees while acting within the scope of their employment under circumstances where the governmental entity, if a private person, would be liable under the laws of this state.
(b) (1) Except as otherwise provided in this act, either the code of civil procedure or, subject to subsection (b)(2), the code of civil procedure for limited actions shall be applicable to actions within the scope of this act. Actions for claims within the scope of the Kansas tort claims act brought under the code of civil procedure for limited actions are subject to the limitations provided in K.S.A. 61-2802, and amendments thereto.
(2) Actions within the scope of the Kansas tort claims act may not be brought under the small claims procedure act. Notwithstanding any provision of the small claims procedure act to the contrary, if a small claims action is within the scope of the Kansas tort claims act, a lawyer may appear in such small claims action on behalf of any governmental entity, officer or employee for the sole purpose of filing, briefing and arguing a motion to dismiss for lack of jurisdiction.
History: L. 1979, ch. 186, § 3; L. 1980, ch. 294, § 1; L. 2000, ch. 161, § 116; L. 2014, ch. 55, § 1; July 1.
(a) A governmental entity or an employee acting within the scope of the employee's employment shall not be liable for damages resulting from:
(1) Legislative functions, including, but not limited to, the adoption or failure to adopt any statute, regulation, ordinance or resolution;
(2) judicial function;
(3) enforcement of or failure to enforce a law, whether valid or invalid, including, but not limited to, any statute, rule and regulation, ordinance or resolution;
(4) adoption or enforcement of, or failure to adopt or enforce, any written personnel policy which protects persons' health or safety unless a duty of care, independent of such policy, is owed to the specific individual injured, except that the finder of fact may consider the failure to comply with any written personnel policy in determining the question of negligence;
(5) any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a governmental entity or employee, whether or not the discretion is abused and regardless of the level of discretion involved;
(6) the assessment or collection of taxes or special assessments;
(7) any claim by an employee of a governmental entity arising from the tortious conduct of another employee of the same governmental entity, if such claim is:
(A) Compensable pursuant to the Kansas workers compensation act; or
(B) not compensable pursuant to the Kansas workers compensation act because the injured employee was a firemen's relief association member who was exempt from such act pursuant to K.S.A. 44-505d, and amendments thereto, at the time the claim arose;
(8) the malfunction, destruction or unauthorized removal of any traffic or road sign, signal or warning device unless it is not corrected by the governmental entity responsible within a reasonable time after actual or constructive notice of such malfunction, destruction or removal. Nothing herein shall give rise to liability arising from the act or omission of any governmental entity in placing or removing any of the above signs, signals or warning devices when such placement or removal is the result of a discretionary act of the governmental entity;
(9) any claim which is limited or barred by any other law or which is for injuries or property damage against an officer, employee or agent where the individual is immune from suit or damages;
(10) any claim based upon emergency management activities, except that governmental entities shall be liable for claims to the extent provided in article 9 of chapter 48 of the Kansas Statutes Annotated, and amendments thereto;
(11) the failure to make an inspection, or making an inadequate or negligent inspection, of any property other than the property of the governmental entity, to determine whether the property complies with or violates any law or rule and regulation or contains a hazard to public health or safety;
(12) snow or ice conditions or other temporary or natural conditions on any public way or other public place due to weather conditions, unless the condition is affirmatively caused by the negligent act of the governmental entity;
(13) the plan or design for the construction of or an improvement to public property, either in its original construction or any improvement thereto, if the plan or design is approved in advance of the construction or improvement by the governing body of the governmental entity or some other body or employee exercising discretionary authority to give such approval and if the plan or design was prepared in conformity with the generally recognized and prevailing standards in existence at the time such plan or design was prepared;
(14) failure to provide, or the method of providing, police or fire protection;
(15) any claim for injuries resulting from the use of any public property intended or permitted to be used as a park, playground or open area for recreational purposes, unless:
(A) The governmental entity or an employee thereof is guilty of gross and wanton negligence proximately causing such injury; or
(B) an employee of the governmental entity commits childhood sexual abuse as defined in K.S.A. 60-523, and amendments thereto;
(16) the natural condition of any unimproved public property of the governmental entity;
(17) any claim for injuries resulting from the use or maintenance of a public cemetery owned and operated by a municipality or an abandoned cemetery, title to which has vested in a governmental entity pursuant to K.S.A. 17-1366 through 17-1368, and amendments thereto, unless the governmental entity or an employee thereof is guilty of gross and wanton negligence proximately causing the injury;
(18) the existence, in any condition, of a minimum maintenance road, after being properly so declared and signed as provided in K.S.A. 68-5,102, and amendments thereto;
(19) any claim for damages arising from the operation of vending machines authorized pursuant to K.S.A. 68-432 or 75-3343a, and amendments thereto;
(20) providing, distributing or selling information from geographic information systems which includes an entire formula, pattern, compilation, program, device, method, technique, process, digital database or system which electronically records, stores, reproduces and manipulates by computer geographic and factual information which has been developed internally or provided from other sources and compiled for use by a public agency, either alone or in cooperation with other public or private entities;
(21) any claim arising from providing a juvenile justice program to juvenile offenders, if such juvenile justice program has contracted with the commissioner of juvenile justice or with another nonprofit program that has contracted with the commissioner of juvenile justice. The provisions of this section do not apply to community service work within the scope of K.S.A. 60-3614, and amendments thereto, or to claims arising from childhood sexual abuse as defined in K.S.A. 60-523, and amendments thereto;
(22) performance of, or failure to perform, any activity pursuant to K.S.A. 74-8922, and amendments thereto, including, but not limited to, issuance and enforcement of a consent decree agreement, oversight of contaminant remediation and taking title to any or all of the federal enclave described in such statute;
(23) any claim arising from the making of a donation of used or excess fire control, fire rescue, or emergency medical services equipment to a fire department, fire district, volunteer fire department, medical emergency response team or the Kansas forest service if at the time of making the donation the donor believes that the equipment is serviceable or may be made serviceable. This subsection also applies to equipment that is acquired through the federal excess personal property program established by the federal property and administrative services act of 1949, 40 U.S.C. § 483. This subsection shall apply to any breathing apparatus or any mechanical or electrical device which functions to monitor, evaluate, or restore basic life functions, only if it is recertified to the manufacturer's specifications by a technician certified by the manufacturer; or
(24) any claim arising from the acceptance of a donation of fire control, fire rescue or emergency medical services equipment, if at the time of the donation the donee reasonably believes that the equipment is serviceable or may be made serviceable and if after placing the donated equipment into service, the donee maintains the donated equipment in a safe and serviceable manner.
(b) The enumeration of exceptions to liability in this section shall not be construed to be exclusive nor as legislative intent to waive immunity from liability in the performance or failure to perform any other act or function of a discretionary nature.
(c) The exceptions to liability in subsections (a)(1) through (a)(4) shall not be construed to preclude, prohibit or otherwise limit a claim for damages arising from childhood sexual abuse as defined in K.S.A. 60-523, and amendments thereto. Failure of a governmental entity to adopt or enforce a policy, regulation or law related to childhood sexual abuse and failure to exercise reasonable discretion in the supervision of a governmental employee who commits childhood sexual abuse may be considered by the trier of fact in determining the question of a governmental entity's negligence.
History: L. 1979, ch. 186, § 4; L. 1981, ch. 358, § 2; L. 1981, ch. 357, § 1; L. 1981, ch. 359, § 1; L. 1987, ch. 353, § 3; L. 1991, ch. 209, § 3; L. 1994, ch. 248, § 30; L. 1995, ch. 56, § 1; L. 1995, ch. 260, § 10; L. 1996, ch. 131, § 1; L. 1997, ch. 156, § 92; L. 1998, ch. 142, § 20; L. 2000, ch. 99, § 1; L. 2003, ch. 107, § 2; L. 2005, ch. 139, § 3; L. 2023, ch. 28, § 4; July 1.
(a) Subject to the provisions of K.S.A. 75-6111, and amendments thereto, the liability for claims within the scope of this act shall not exceed $500,000 for any number of claims arising out of a single occurrence or accident.
(b) When the amount awarded to or settled upon multiple claimants exceeds the limitations of this section, any party may apply to the district court which has jurisdiction of the cause to apportion to each claimant the proper share of the total amount limited by this section. The share apportioned to each claimant shall be in the proportion that the ratio of the award or settlement made to the claimant bears to the aggregate awards and settlements for all claims arising out of the occurrence or accident.
(c) A governmental entity shall not be liable for punitive or exemplary damages or for interest prior to judgment. An employee acting within the scope of the employee's employment shall not be liable for punitive or exemplary damages or for interest prior to judgment, except for any act or omission of the employee because of actual fraud or actual malice.
(d) This section shall not apply to any claim for recovery of damages against a governmental entity arising from childhood sexual abuse as defined in K.S.A. 60-523, and amendments thereto.
History: L. 1979, ch. 186, § 5; L. 1980, ch. 294, § 2; L. 1987, ch. 353, § 4; L. 2023, ch. 28, § 5; July 1.
(a) Subject to the terms of an insurance contract, if any, a claim against the state or employee thereof acting within the scope of the employee's office or employment may be compromised or settled for and on behalf of the state and any such employee by the attorney general, with the approval of the state finance council. The approval of settlements and compromises by the state finance council is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, except that such approval also may be given when the legislature is in session.
(b) Subject to the terms of the insurance contract, if any, claims against a municipality or employee thereof acting within the scope of the employee's office or employment may be compromised or settled by the governing body of the municipality, or in such manner as such governing body may designate.
(c) The acceptance by a claimant of any such compromise or settlement hereunder shall be final and conclusive on the claimant, and shall constitute a complete release of any claim against the governmental entity involved and against the employee whose act or omission gave rise to the claim, by reason of the same subject matter.
History: L. 1979, ch. 186, § 6; L. 1981, ch. 360, § 1; July 1.
(a) The judgment in an action subject to the provisions of this act against a governmental entity shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee whose act or omission gave rise to the claim.
(b) Any judgment against an employee whose act or omission gave rise to the claim shall constitute a complete bar to any action for injury by the claimant, by reason of the same subject matter, against a governmental entity.
History: L. 1979, ch. 186, § 7; July 1.
(a) Upon request of an employee in accordance with subsection (e), a governmental entity shall:
(1) Provide for the defense of any civil action or proceeding against such employee, in such employee's official or individual capacity or both, on account of an act or omission in the scope of such employee's employment as an employee of the governmental entity, except as provided in subsection (c); and
(2) provide legal counsel to such employee when such employee is summoned to appear before any grand jury or inquisition on account of an act or omission in the scope of such employee's employment as an employee of the governmental entity, except as provided in subsection (c).
(b) A governmental entity may provide for a defense or representation by its own attorney or by employing other counsel for this purpose or by purchasing insurance which requires that the insurer provide the defense. A governmental entity has no right to recover such expenses from the employee defended or represented, except as provided in K.S.A. 75-6109, and amendments thereto.
(c) Except as provided in K.S.A. 75-4360, and amendments thereto, a governmental entity may refuse to provide for the defense of an action against an employee or representation of the employee if the governmental entity determines that:
(1) The act or omission was not within the scope of such employee's employment;
(2) such employee acted or failed to act because of actual fraud or actual malice;
(3) the defense of the action or proceeding by the governmental entity would create a conflict of interest between the governmental entity and the employee; or
(4) the request was not made in accordance with subsection (e).
(d) If after a timely request in accordance with subsection (e), a governmental entity fails or refuses to provide an employee with a defense and the employee retains the employee's own counsel to defend the action or proceeding, or provide representation, such employee is entitled to recover from the governmental entity such reasonable attorney fees, costs and expenses as are necessarily incurred in defending the action or proceeding or providing representation if the action or proceeding or representation arose out of an act or omission in the scope of employment as an employee of the governmental entity and the trier of fact does not find that such employee acted or failed to act because of actual fraud or actual malice.
Nothing in this section shall be construed to deprive an employee of the right to petition a court of competent jurisdiction to compel the governmental entity or the governing body or an employee thereof to perform the duties imposed by this section.
Except as provided in subsection (a)(2), nothing in this section shall be construed to require a governmental entity to provide the defense or representation to any employee in a criminal or civil service proceeding.
(e) An employee's request for a governmental entity to provide for the defense of the employee or representation shall be made in writing within 15 days after service of process or subpoena upon the employee in the action. In actions involving employees of the state, such request shall be filed in the office of the attorney general. In actions involving employees of a municipality, such request shall be filed with the governing body thereof or as otherwise provided by such governing body. A governmental entity, in its discretion, may provide requested defense or representation for any of its employees who failed to make a request within the time prescribed by this subsection.
(f) Notwithstanding any other provision of law to the contrary, a governmental entity may reimburse an employee such reasonable attorney fees, costs and expenses as are necessarily incurred in defending a claim against the employee for punitive or exemplary damages if the governmental entity finds that:
(1) The action or proceeding arose out of an act or omission in the scope of the employee's employment; and
(2) the employee reasonably cooperated in good faith in the defense of the claim.
History: L. 1979, ch. 186, § 8; L. 1987, ch. 353, § 5; L. 1999, ch. 72, § 1; July 1.
Except as otherwise provided in the Kansas [tort] claims act, a governmental entity is liable, and shall indemnify its employees against damages, for injury or damage proximately caused by an act or omission of an employee while acting within the scope of his or her employment. A governmental entity shall not be liable under the provisions of this act for any punitive or exemplary damages against an employee, nor for payment of any costs, judgments or settlements which are paid through an applicable contract or policy of insurance. The governmental entity shall have the right to recover any payments made by it for any judgment, or portion thereof, and costs or fees incurred by or on behalf of an employee's defense if the employee fails to cooperate in good faith in the defense of the claim or action or if the trier of fact finds that the act or omission of the employee was because of such employee's actual fraud or actual malice.
History: L. 1979, ch. 186, § 9; July 1.
(a) Except as provided for school districts, payments by municipalities for the cost of providing for its defense and the defense of employees pursuant to this act and for the payment of claims and other direct and indirect costs resulting from the implementation of this act may be paid from the general or other existing fund of such municipality or from a special liability expense fund established for such purpose pursuant to subsection (b). School districts shall make such payments from the special liability expense fund of the school district.
(b) Whenever the governing body of any municipality shall determine that it is advisable to establish a special fund for the payment of such costs and to establish a reserve therefor, in lieu of paying the same out of the general or other existing fund of the municipality, such governing body may create and establish a special liability expense fund for the payment of such costs and may place therein any moneys received by the municipality from any source whatsoever which may be lawfully utilized for such purpose including the proceeds of tax levies hereinafter authorized and provided. Such fund shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto. In making the budget of such municipality, the amounts credited to and the amount on hand in such special fund, and the amount expended therefrom, shall be included in the annual budget for the information of the residents of such municipality.
(c) Whenever the governing body of any municipality which is authorized by law to levy taxes upon property has established a special liability expense fund under the provisions of this section and determines that moneys from other sources will be insufficient to pay such costs, the governing body may levy an annual tax upon all taxable tangible property within the municipality in an amount determined by the governing body to be necessary for such purpose 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 city or county.
History: L. 1979, ch. 186, § 10; L. 1990, ch. 66, § 52; L. 2003, ch. 116, § 17; July 1.
(a) A governmental entity may obtain insurance to provide for (1) its defense, (2) for its liability for claims pursuant to this act, including liability for civil rights actions as provided in K.S.A. 75-6116 and amendments thereto, (3) the defense of its employees, and (4) for medical payment insurance when purchased in conjunction with insurance authorized by (1), (2) or (3) above.
Any insurance purchased under the provisions of this section may be purchased from any insurance company or association. In the case of municipalities any such insurance may be obtained by competitive bids or by negotiation. In the case of the state, any such insurance shall be purchased in the manner and subject to the limitations prescribed by K.S.A. 75-4114, and amendments thereto, except as provided in K.S.A. 76-749, and amendments thereto. With regard to claims pursuant to the Kansas tort claims act, insurers of governmental entities may avail themselves of any defense that would be available to a governmental entity defending itself in an action within the scope of this act, except that the limitation on liability provided by subsection (a) of K.S.A. 75-6105 and amendments thereto shall not be applicable where the contract of insurance provides for coverage in excess of such limitation in which case the limitation on liability shall be fixed at the amount for which insurance coverage has been purchased or, where the governmental entity has entered into a pooling arrangement or agreement pursuant to subsection (b)(2) and has provided for coverage in excess of such limitation by ordinance or resolution of its governing body, in which case the limitation on liability shall be fixed at the amount specified in such ordinance or resolution.
(b) Pursuant to the interlocal cooperation act, municipalities may enter into interlocal agreements providing for:
(1) The purchase of insurance to provide for the defense of employees and for liability for claims pursuant to this act; or
(2) pooling arrangements or other agreements to share and pay expenditures for judgments, settlements, defense costs and other direct or indirect expenses incurred as a result of implementation of this act including, but not limited to, the establishment of special funds to pay such expenses.
History: L. 1979, ch. 186, § 11; L. 1986, ch. 330, § 4; L. 1987, ch. 74, § 16; L. 1987, ch. 353, § 6; July 1.
(a) Upon motion of a municipality against whom final judgment has been rendered for a claim within the scope of this act, the court in accordance with subsection (b) may include in such judgment a requirement that the judgment be paid in whole or in part by periodic payments. Periodic payments may be ordered paid over any period of time not exceeding 10 years. Any periodic payment upon becoming due and payable under the terms of the judgment shall constitute a separate judgment. Any judgment ordering any such payments shall specify the total amount awarded, the amount of each payment, the interval between payments and the number of payments to be paid under the judgment. Judgments paid pursuant to this section shall bear interest as provided in K.S.A. 16-204 and amendments thereto. For good cause shown, the court may modify such judgment with respect to the amount of such payments and the number of payments to be made or the interval between payments, but the total amount of damages awarded by such judgment shall not be subject to modification in any event and periodic payments shall not be ordered paid over a period in excess of 10 years. Nothing herein shall be construed to prohibit the use of structured annuities to satisfy judgments.
(b) A court may order periodic payments only if the court finds that:
(1) Payment of the judgment is not totally covered by insurance coverage obtained therefor; and
(2) funds for the current budget year and other funds of the municipality which lawfully may be utilized to pay judgments are insufficient to finance both the adopted budget of expenditures for the year and the payment of that portion of the judgment not covered by insurance obtained therefor.
History: L. 1979, ch. 186, § 12; L. 1987, ch. 353, § 7; July 1.
Payment of any judgments, compromises or settlements for which a municipality is liable pursuant to K.S.A. 75-6101 et seq., and amendments thereto, may be made from any funds or moneys of the municipality which lawfully may be utilized for such purpose or if the municipality is authorized by law to levy taxes upon property such payment may be made from moneys received from the issuance of no-fund warrants, temporary notes or general obligation bonds. Warrants or temporary notes issued under the authority of this section may mature serially at such yearly dates as to be payable by not more than 10 tax levies. Bonds issued under the authority of this section shall be issued in accordance with the provisions of the general bond law and shall be in addition to and not subject to any bonded debt limitation prescribed by any other law of this state.
History: L. 1979, ch. 186, § 13; L. 1987, ch. 354, § 1; L. 1990, ch. 66, § 53; May 31.
History: L. 1979, ch. 186, § 14; Repealed, L. 1981, ch. 360, § 5; July 1.
(a) The Kansas tort claims act shall not be applicable to claims arising from the rendering of or failure to render professional services by a health care provider other than:
(1) A charitable health care provider;
(2) a hospital owned by a municipality and the employees thereof;
(3) a local health department and the employees thereof;
(4) an indigent health care clinic and the employees thereof;
(5) a district coroner or deputy district coroner appointed pursuant to K.S.A.
22a-226, and amendments thereto; or
(6) a community mental health center and the employees thereof.
(b) Claims for damages against a health care provider that is a governmental entity or an employee of a governmental entity other than those health care providers enumerated in subsection (a), arising out of the rendering of or failure to render professional services by such health care provider, may be recovered in the same manner as claims for damages against any other health care provider.
(c) As used in this section:
(1) "Indigent health care clinic" shall have the meaning ascribed to such term under K.S.A.
75-6102, and amendments thereto.
(2) "Charitable health care provider" shall have the meaning ascribed to such term under K.S.A.
75-6102, and amendments thereto.
(3) "Health care provider" shall have the meaning ascribed to such term under K.S.A.
40-3401, and amendments thereto.
(4) "Hospital" means a medical care facility as defined in K.S.A.
65-425, and amendments thereto, and includes within its meaning any clinic, school of nursing, long-term care facility, child-care facility and emergency medical or ambulance service operated in connection with the operation of the medical care facility.
(5) "Local health department" shall have the meaning ascribed to such term under K.S.A.
65-241, and amendments thereto.
History: L. 1979, ch. 186, § 15; L. 1982, ch. 375, § 1; L. 1989, ch. 143, § 7; L. 1990, ch. 329, § 3; L. 1993, ch. 29, § 3; L. 1993, ch. 276, § 1; L. 2016, ch. 92, § 5; July 1.
(a) If an employee of a governmental entity is or could be subject to personal civil liability on account of a noncriminal act or omission which is within the scope of the employee's employment and which allegedly violates the civil rights laws of the United States or of the state of Kansas, the governmental entity:
(1) Shall provide for the defense of any civil action or proceeding which arises out of the act or omission and which is brought against the employee in the employee's official or individual capacity, or both, to the extent and under the conditions and limitations provided by K.S.A. 75-6108 and amendments thereto for the defense of actions and proceedings under the Kansas tort claims act; and
(2) may reimburse the employee attorney fees, costs and expenses incurred in defending a claim for punitive or exemplary damages in such action or proceeding to the extent and under the conditions and limitations provided by K.S.A. 75-6108 and amendments thereto for reimbursement of such fees, costs and expenses incurred in defending a claim for punitive or exemplary damages under the Kansas tort claims act.
(b) The governmental entity, subject to any procedural requirements imposed by statute, ordinance, resolution or written policy, shall pay or cause to be paid any judgment or settlement of the claim or suit, including any award of attorney fees, and all costs and fees incurred by the employee in defense thereof if:
(1) The governmental entity finds that the employee reasonably cooperated in good faith in the defense of the action or proceeding;
(2) the trier of fact finds that the action or proceeding arose out of an act or omission in the scope of the employee's employment; and
(3) the trier of fact does not find that the employee acted or failed to act because of actual fraud or actual malice.
(c) Notwithstanding any other provision of law to the contrary, a governmental entity may pay any part of a judgment taken against an employee of the governmental entity that is for punitive or exemplary damages for the violation of the civil rights laws of the United States if the governmental entity finds that:
(1) The action or proceeding arose out of an act or omission in the scope of the employee's employment;
(2) the employee reasonably cooperated in good faith in the defense of the claim; and
(3) the employee's act or omission was not the result of actual fraud or actual malice.
(d) The possibility that a governmental entity may pay that part of a judgment that is for punitive or exemplary damages or attorney fees or other costs related thereto shall not be disclosed in any trial in which it is alleged that an employee of that entity is liable for punitive or exemplary damages, and such disclosure shall be grounds for mistrial.
(e) A municipality may pay for the cost of providing defense, judgments and other costs involving actions for alleged civil rights violations in the same manner as that provided in the Kansas tort claims act.
(f) In actions described in subsection (a), a claim against the state or an employee of the state may be compromised or settled for and on behalf of the state or employee under the conditions and procedures provided by K.S.A. 75-6106 and amendments thereto for settlements of actions pursuant to the Kansas tort claims act.
(g) Nothing in this section or in the Kansas tort claims act shall be construed as a waiver by the state of Kansas of immunity from suit under the 11th amendment to the constitution of the United States.
(h) For the purposes of this section only, a health care provider, as defined by K.S.A. 75-6115 and amendments thereto, who provides professional services at a state correctional institution shall be considered an employee for the purposes of this section, even if such services were rendered pursuant to contract as an independent contractor.
History: L. 1979, ch. 186, § 16; L. 1983, ch. 299, § 2; L. 1985, ch. 293, § 1; L. 1987, ch. 353, § 8; L. 1989, ch. 279, § 1; July 1.
(a) There is hereby established in the state treasury the tort claims fund which shall be administered by the attorney general. All expenditures from such fund shall be made upon warrants of the director of accounts and reports pursuant to vouchers approved by the attorney general or by a designee of the attorney general.
(b) (1) Moneys in the tort claims fund shall be used only for the purpose of paying: (A) Compromises, settlements and final judgments arising from claims against the state or an employee of the state under the Kansas tort claims act or under the civil rights laws of the United States or of the state of Kansas; (B) costs of defending the state or an employee of the state in any actions or proceedings on those claims; and (C) judgments arising from claims pursuant to K.S.A. 2025 Supp. 60-5004, and amendments thereto, including, but not limited to, premiums under the state health care benefits program.
(2) Payment of a judgment arising from a claim pursuant to K.S.A. 2025 Supp. 60-5004, and amendments thereto, shall be subject to review by the state finance council. The attorney general shall notify the state finance council of the need for such review and ensure that payment of the judgment occurs without unnecessary delay.
(3) Payment of a compromise or settlement shall be subject to approval by the state finance council as provided in K.S.A. 75-6106, and amendments thereto.
(4) Payment of a final judgment shall be made from the fund if there has been a determination of any appeal taken from the judgment or, if no appeal is taken, if the time for appeal has expired.
(5) No payment shall be made from the fund to satisfy a compromise, settlement or final judgment when there exists insurance coverage obtained therefor, except that payment shall be made from the fund to satisfy a compromise settlement or final judgment for claims against the state or an employee of the state in any actions or proceedings arising from rendering or failure to render professional services by: (A) A charitable health care provider as defined by K.S.A. 75-6102, and amendments thereto; (B) a local health department as defined by K.S.A. 65-241, and amendments thereto, or an employee thereof; or (C) an indigent health care clinic as defined by K.S.A. 75-6115, and amendments thereto, or an employee thereof, even if there exists insurance coverage obtained therefor.
(c) Upon certification by the attorney general to the director of accounts and reports that the unencumbered balance in the tort claims fund is insufficient to pay an amount for which the fund is liable, the director of accounts and reports shall transfer an amount equal to the insufficiency from the state general fund to the tort claims fund.
(d) When payment is made from the tort claims fund on behalf of the university of Kansas hospital authority, the authority shall transfer to the tort claims fund an amount equal to the payment made by the tort claims fund on behalf of the authority.
(e) This section shall be part of and supplemental to the Kansas tort claims act.
(f) When payment is made from the tort claims fund on behalf of a state agency or employee for defense or indemnification in an action, proceeding or investigation involving an alleged violation of the Kansas open records act or the Kansas open meetings act, the agency requesting the defense or indemnification or employing the employee who requests the defense or indemnification shall transfer to the tort claims fund an amount equal to the payment made by the tort claims fund on behalf of the agency.
History: L. 1981, ch. 360, § 2; L. 1983, ch. 299, § 3; L. 1990, ch. 329, § 4; L. 1991, ch. 268, § 2; L. 1991, ch. 182, § 6; L. 1993, ch. 29, § 4; L. 1995, ch. 83, § 1; L. 1998, ch. 12, § 16; L. 2018, ch. 108, § 3; L. 2019, ch. 62, § 14; May 30.
Nothing in the Kansas tort claims act shall be construed to preclude settlement and payment of a claim pursuant to K.S.A. 46-920 or 46-922, and amendments thereto.
History: L. 1981, ch. 360, § 4; July 1.
(a) A member of a governing body of a municipality who is acting within the scope of such member's office and without actual fraud or actual malice shall not be liable for damages caused by the negligent or wrongful act or omission of such member or governing body.
(b) A member of any appointive board, commission, committee or council of a municipality who is acting within the scope of such member's office and without actual fraud or actual malice shall not be liable for damages caused by the negligent or wrongful act or omission of such member or board, commission, committee or council.
(c) Nothing in this section shall be construed to affect the liability of a municipality for damages caused by the negligent or wrongful act or omission of the governing body, or any appointive board, commission, committee or council, of the municipality, or any member thereof, and the negligence or wrongful act or omission of any member of such a governing body, board, commission, committee or council, when acting as such, shall be imputed to the municipality for the purpose of apportioning liability for damages to a third party pursuant to K.S.A. 60-258a and amendments thereto.
(d) This section shall be part of and supplemental to the Kansas tort claims act.
History: L. 1987, ch. 353, § 2; July 1.
(a) The secretary of health and environment may enter into agreements with charitable healthcare providers in which such charitable healthcare provider stipulates to the secretary of health and environment that when such charitable healthcare provider renders professional services to a medically indigent person such services will be provided gratuitously. The secretary of health and environment shall adopt rules and regulations which specify the conditions for termination of any such agreement, and such rules and regulations are hereby made a part of any such agreement. A charitable healthcare provider for purposes of any claim for damages arising as a result of rendering professional services to a medically indigent person, which professional services were rendered gratuitously at a time when an agreement entered into by the charitable healthcare provider with the secretary of health and environment under this section was in effect, shall be considered an employee of the state under the Kansas tort claims act, notwithstanding the provisions of article 34 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto.
(b) The secretary of health and environment shall establish by rules and regulations eligibility criteria for determining whether a person qualifies as a medically indigent person.
(c) Any claim arising from the rendering of or failure to render professional services by a charitable healthcare provider brought pursuant to the Kansas tort claims act shall not be considered by an insurance company in determining the rate charged for any professional liability insurance policy for healthcare providers or whether to cancel any such policy.
(d) The secretary of health and environment shall annually report, starting on January 15, 2017, to the senate committee on public health and welfare and the house committee on health and human services which type of charitable healthcare providers have signed agreements under the act and how many are using it to provide gratuitous care.
(e) This section shall be part of and supplemental to the Kansas tort claims act.
History: L. 1990, ch. 329, § 1; L. 1991, ch. 268, § 3; L. 2016, ch. 92, § 4; July 1.
The purpose of this act is to establish as policy that state agencies shall cooperate in identifying debtors who owe money to the state, a foreign state agency and any municipality and that procedures be established for setting off against debtors the sum of any debt owed to the state, a foreign state agency or any municipality.
History: L. 1981, ch. 342, § 1; L. 1993, ch. 232, § 2; July 1.
As used in article 62 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto:
(a) "Debtor" means any person who:
(1) Owes a debt to the state of Kansas or any state agency or any municipality;
(2) owes support to an individual, or an agency of another state, who is receiving assistance in collecting that support under K.S.A. 39-756 or K.S.A. 20-378, and amendments thereto, or under part D of title IV of the federal social security act, 42 U.S.C. § 651 et seq., as amended; or
(3) owes a debt to a foreign state agency.
(b) "Debt" means:
(1) Any liquidated sum due and owing to the state of Kansas, or any state agency, municipality or foreign state agency which has accrued through contract, subrogation, tort, operation of law, or any other legal theory regardless of whether there is an outstanding judgment for that sum. A debt shall not include special assessments except when the owner of the property assessed petitioned for the improvement and any successor in interest of such owner of property;
(2) any amount of support due and owing an individual, or an agency of another state, who is receiving assistance in collecting that support under K.S.A. 39-756 or K.S.A. 20-378, and amendments thereto, or under part D of title IV of the federal social security act, 42 U.S.C. § 651 et seq., as amended, which amount shall be considered a debt due and owing the district court trustee or the Kansas department for children and families for the purposes of this act; or
(3) any assessment of court costs, fines, fees, moneys expended by the state in providing counsel and other defense services to indigent defendants or other charges which a district court judgment has ordered to be paid to the court and which remain unpaid in whole or in part, and includes any interest or penalties on such unpaid amounts as provided for in the judgment or by law. Such amount also includes the cost of collection when the collection services of a contracting agent are utilized.
(c) "Refund" means any amount of income tax refund due to any person as a result of an overpayment of tax, and for this purpose, a refund due to a husband and wife resulting from a joint return shall be considered to be separately owned by each individual in the proportion of each such spouse's contribution to income, as the term "contribution to income" is defined by rules and regulations of the secretary of revenue.
(d) "Net proceeds collected" means gross proceeds collected through final setoff against a debtor's earnings, refund or other payment due from the state or any state agency minus any collection assistance fee charged by the director of accounts and reports of the department of administration.
(e) "State agency" means any state office, officer, department, board, commission, institution, bureau, agency or authority or any division or unit thereof and any judicial district of this state or the clerk or clerks thereof. "State agency" also shall include any: (1) District court utilizing collection services pursuant to K.S.A. 75-719, and amendments thereto, to collect debts owed to such court; and (2) contracting agent, as defined in K.S.A. 75-719, and amendments thereto, with which a district court contracts to collect debts owed to such court. Such contracting agent may directly establish a debt setoff account with the director for the sole purpose of collecting debts owed to courts.
(f) "Person" means an individual, proprietorship, partnership, limited partnership, association, trust, estate, business trust, corporation, other entity or a governmental agency, unit or subdivision.
(g) "Director" means the director of accounts and reports of the department of administration.
(h) "Municipality" means any municipality as defined by K.S.A. 75-1117, and amendments thereto, or any community mental health center organized pursuant to the provisions of K.S.A. 19-4001 et seq., and amendments thereto, and licensed pursuant to K.S.A. 39-2001 et seq., and amendments thereto, or any mental health clinic organized pursuant to the provisions of K.S.A. 65-211 et seq., and amendments thereto, and licensed pursuant to K.S.A. 39-2001 et seq., and amendments thereto.
(i) "Payor agency" means any state agency which holds money for, or owes money to, a debtor.
(j) "Foreign state or foreign state agency" means the states of Colorado, Missouri, Nebraska or Oklahoma or any agency of such states which has entered into a reciprocal agreement pursuant to K.S.A. 75-6215, and amendments thereto.
(k) "Facility owner licensee" shall have the same meaning as the term is defined in K.S.A. 74-8802, and amendments thereto.
(l) "Racetrack gaming facility manager" shall have the same meaning as that term is defined in K.S.A. 74-8702, and amendments thereto.
(m) "Lottery gaming facility manager" shall have the same meaning as that term is defined in K.S.A. 74-8702, and amendments thereto.
(n) "Prize" shall have the same meaning as that term is defined in K.S.A. 74-8702, and amendments thereto, and any winnings from parimutuel wagering as provided by the Kansas parimutuel racing act, K.S.A. 74-8801 et seq., and amendments thereto.
History: L. 1981, ch. 342, § 2; L. 1985, ch. 115, § 52; L. 1993, ch. 232, § 3; L. 1996, ch. 214, § 39; L. 1997, ch. 164, § 1; L. 1998, ch. 44, § 1; L. 2012, ch. 131, § 2; L. 2014, ch. 115, § 400; L. 2015, ch. 53, § 6; L. 2018, ch. 96, § 4; May 24.
History: L. 1981, ch. 342, § 2; L. 1985, ch. 115, § 52; L. 1993, ch. 232, § 3; L. 1996, ch. 195, § 4; Repealed, L. 1997, ch. 182, § 106; Repealed, L. 1997, ch. 164, § 2; July 1.
History: L. 1981, ch. 342, § 2; L. 1985, ch. 115, § 52; L. 1993, ch. 232, § 3; L. 1996, ch. 214, § 39; L. 1997, ch. 182, § 104; Repealed, L. 1998, ch. 44, § 2; July 1.
(a) The collection remedy under this act is in addition to and not in substitution for any other remedy available by law.
(b) Each state agency, foreign state agency and municipality, whenever possible, shall obtain the full name, social security number, address and any other information required by the director of accounts and reports from any person for whom the state agency, foreign state agency or municipality provides any service or with whom the state agency, foreign state agency or municipality transacts any business and who may become a debtor under this act.
(c) Except for debts for which a voluntary agreement for payment has been entered into and is being complied with or debts for which garnishment or other judicial proceedings are pending and except as otherwise directed by the secretary of administration, the director may require any state agency to certify all debts owed to the state agency or to certify all such debts in specified categories of debts, for setoff under K.S.A. 75-6204, and amendments thereto. Any state agency required to certify debts under this subsection shall give the director all information relating to such debts as may be requested by the director.
(d) The secretary of administration as provided in K.S.A. 75-3706 and amendments thereto may adopt rules and regulations necessary to carry out the provisions of this act.
(e) The secretary of revenue may adopt rules and regulations defining the term "contribution of income" for the purposes of this act.
History: L. 1981, ch. 342, § 3; L. 1983, ch. 289, § 3; L. 1993, ch. 232, § 4; July 1.
(a) Subject to the limitations provided in this act, if a debtor fails to pay a debt or fails to pay to the state of Kansas or any state agency, foreign state agency, municipality or the federal department of the treasury an amount owed, the director may setoff such amount and a reasonable collection assistance fee determined in accordance with K.S.A. 75-6210, and amendments thereto, against any money held for, or any money owed to, such debtor by the state, any state agency or lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee.
(b) The director may enter into an agreement with a municipality for participation in the setoff program for the purpose of assisting in the collection of a debt. The director shall include in any such agreement a provision requiring the municipality to certify that the municipality has made at least three attempts to collect a debt prior to submitting such debt to setoff pursuant to this act.
(c) The director shall enter into an agreement with a lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee for participation in the setoff program for the purpose of assisting in the collection of a debt. The director shall include in any such agreement a provision agreeing to defend, indemnify and hold harmless a lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee with regard to all claims, demands, suits, actions, damages, judgments, costs, charges and expenses, including attorney fees, that may be brought or asserted against a lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee and that arise from the performance of an agreement to facilitate the collection of debts by a lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee.
(d) (1) Except as provided in subsection (c)(2), the director shall add the cost of collection and the debt for a total amount subject to setoff against a debtor.
(2) Any debts due and owing to an individual, the state of Kansas or an agency of another state that are being enforced by the Kansas department for children and families under part D of title IV of the federal social security act, 42 U.S.C. § 651 et seq., as amended, shall not have the cost of collection added to the debt owed and subject to setoff. Such cost of collection shall be paid by the Kansas department for children and families.
History: L. 1981, ch. 342, § 4; L. 1993, ch. 232, § 5; L. 2011, ch. 76, § 2; L. 2011, ch. 76, § 2; L. 2015, ch. 53, § 7; L. 2018, ch. 96, § 5; May 24.
(a) The director shall not effect final setoff and collect debts through use of the remedy established under this act unless the debt is equal to or greater than $25.
(b) The use of setoff against earnings of a debtor shall be subject to the same dollar limitations and dollar restrictions as are provided by law for wage garnishment. The maximum amount of the disposable earnings of an individual which will be subject to setoff to enforce any order for the support of any person shall not exceed 50% of the debtor's disposable earnings unless the state agency or municipality submits satisfactory information to the director indicating that a greater percentage is applicable and authorized by law.
History: L. 1981, ch. 342, § 5; L. 1993, ch. 232, § 6; July 1.
(a) A state agency, foreign state agency or municipality which requests the director to assist in the collection of a debt due to the state agency, foreign state agency or municipality by the utilization of setoff procedures under this act or which is required to certify debts under K.S.A. 75-6203 and amendments thereto, shall certify to the director in writing the identity of the debtor, the amount of the debt subject to setoff and other information as the director may require. The director shall cause such data to be matched to payroll, refund and other pending payment files to identify those instances where setoff procedures may be implemented. The director shall then make the following notification to the debtor in writing, either by personal delivery to the debtor or by mail. Such notification shall include:
(1) A demand for payment of the debt and a brief explanation of the legal basis of the debt;
(2) a statement of the director's intention to setoff the debt due against the debtor's earnings, refund or other payment due to the debtor from the state of Kansas or any state agency;
(3) the right of the debtor to request in writing a hearing to contest the validity of the claim, if such request is made: (A) Within 15 days of the mailing of the notice, or (B) in cases where notice was not given by mail, within 15 days of personal delivery to the debtor;
(4) a statement that a hearing may be requested by making a written request therefor to the director of accounts and reports and the address of the director; and
(5) the fact that failure to request a hearing within the fifteen-day period will be deemed a waiver of the opportunity to contest the claim causing final setoff by default.
(b) A copy of the notice required by subsection (a) to be sent to the debtor shall be sent to each state agency, foreign state agency or municipality seeking collection through setoff from the debtor. Subject to the provisions of K.S.A. 75-6205 and amendments thereto and upon request of the director, the payor agency shall withhold from the named debtor an amount equal to that claimed as the debt owed. The state agency, foreign state agency or municipality shall notify immediately the director of accounts and reports of any payments thereafter received from the named debtor or of any arrangements thereafter made for payment of the debt. Until the director of accounts and reports gives notice to the payor agency as to the final determination to proceed or not proceed with the collection of a debt by setoff, the payor agency shall continue to hold payments subject to setoff.
History: L. 1981, ch. 342, § 6; L. 1983, ch. 289, § 4; L. 1993, ch. 232, § 7; July 1.
(a) If the director receives a timely written request for a hearing under K.S.A. 75-6206, and amendments thereto, the director shall request a presiding officer from the office of administrative hearings who shall hold a hearing in accordance with the provisions of the Kansas administrative procedure act to determine whether the debt claim is valid. Subject to the provisions of subsection (b), the presiding officer shall determine whether the claimed sum asserted as due and owing is correct, and if not, shall order an adjustment to the debt claim which shall be forwarded to the director and to the state agency, foreign state agency or municipality to which the debt is owed. No issue may be considered at the hearing which has been previously litigated and no collateral attack on any judgment shall be permitted at the hearing. The order of the presiding officer shall inform the debtor of the amount determined as due, if any, and that setoff procedures have been ordered to proceed in accordance with this act. If the setoff is to be made against earnings of the debtor, the order shall include a statement that the setoff may be postponed in accordance with K.S.A. 75-6208, and amendments thereto. Orders under this section shall not be subject to administrative review.
(b) In cases where there is only one known present or future payment due from the state to the alleged debtor, the presiding officer may limit the hearing issue to a determination of whether the debt owed the state agency, foreign state agency or municipality is at least equal to the amount of the payment owed to the debtor by the state.
(c) Pending final determination in the order of the presiding officer of the validity of the debt asserted by the state agency, foreign state agency or municipality, no action shall be taken in furtherance of collection through the setoff procedure allowed under this act.
(d) Judicial review of an order under this section shall be in accordance with the provisions of the Kansas judicial review act. In any such review, except as provided in subsection (e), the department of administration and the secretary of administration shall not be named parties to the proceedings.
(e) Parties to an action for review of an order under this section shall be: (1) The debtor; (2) the state agency, foreign state agency or municipality which requested assistance in collecting the debt or which certified the debt; and (3) any party the district court permits to intervene in the action. Applications for a stay or other temporary remedies shall be to the district court.
History: L. 1981, ch. 342, § 7; L. 1982, ch. 376, § 1; L. 1984, ch. 338, § 30; L. 1986, ch. 318, § 140; L. 1988, ch. 356, § 307; L. 1993, ch. 232, § 8; L. 2004, ch. 145, § 35; L. 2010, ch. 17, § 204; July 1.
After notification under K.S.A. 75-6206 and amendments thereto of the right to a hearing has been given, final setoff under K.S.A. 75-6209 and amendments thereto may occur at the following applicable time:
(a) If the debtor fails to make timely request for a hearing under K.S.A. 75-6206 and amendments thereto the setoff may be made by the director at any time after expiration of the time within which a hearing may be requested.
(b) Except as provided in subsection (c), if a hearing has been timely requested under K.S.A. 75-6206 and amendments thereto the setoff may be made by the director at any time after the presiding officer serves on the debtor an order stating the amount due under K.S.A. 75-6207 and amendments thereto.
(c) If the setoff will be applied against earnings of the debtor and the debtor, within 15 days after service of the order under K.S.A. 75-6207 and amendments thereto, files written notice with the director that the debtor is appealing the setoff to the district court, the setoff may be made at any time after 30 days from the filing of such notice, unless otherwise ordered by the district court.
History: L. 1981, ch. 342, § 8; L. 1988, ch. 356, § 308; July 1, 1989.
(a) In accordance with the applicable times under K.S.A. 75-6208, and amendments thereto, the director shall complete the setoff by adding and retaining the collection assistance fee permitted by K.S.A. 75-6210, and amendments thereto, and transferring the net proceeds collected for credit or payment and by refunding any outstanding balance to the debtor.
(b) Upon completing the setoff, the director shall notify the debtor in writing of the action taken along with an accounting of the action taken. If there is an outstanding balance after setoff, the notice under this section shall accompany the balance when refunded.
(c) When a setoff is completed against earnings of an employee for any pay period and the setoff does not fully liquidate the debt due, further setoff in subsequent pay periods may be made without further certifications or notice to the debtor, except that the director shall notify the debtor in writing of the action taken and give an accounting thereof. The debtor may request an opportunity for hearing in regard to any further setoff in subsequent pay periods by making a written request therefor to the director. Any such request shall not stay future setoffs, but such hearing shall be held within a reasonable time, not to exceed 15 days after the request, unless a longer time has been agreed to by the debtor. Hearings under this subsection shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Orders resulting from hearings under this subsection shall not be subject to administrative review.
History: L. 1981, ch. 342, § 9; L. 1988, ch. 356, § 309; L. 2015, ch. 53, § 8; July 1.
(a) Upon completion of a setoff transaction, the director shall transfer the net proceeds collected to the account or fund of the state agency, foreign state agency or municipality to which the debt was owed.
(b) (1) From the gross proceeds collected by the director through setoff, the director shall retain a reasonable collection assistance fee in an amount based on cost, as determined by generally accepted cost allocation techniques, except that in the case of transactions for collection of debts arising from the employment security law such fee shall not exceed $300 for any transaction. Except as provided further, the director shall add the collection assistance fee to the debt after the debt is submitted to the director in accordance with K.S.A. 75-6206, and amendments thereto. Any debts due and owing to an individual, the state of Kansas or an agency of another state that are being enforced by the Kansas department for children and families under part D of title IV of the federal social security act, 42 U.S.C. § 651 et seq., as amended, shall not have the collection assistance fee added to the debt owed and subject to setoff, and such fee shall be paid by the Kansas department for children and families.
(2) The director shall retain a reasonable collection assistance fee from the gross proceeds of collections through setoff on behalf of a municipality as specified in an agreement entered into pursuant to K.S.A. 75-6204, and amendments thereto, or foreign state agency in such amount as specified in the reciprocal agreement entered into pursuant to K.S.A. 75-6215, and amendments thereto.
(3) The collection assistance fee shall be paid as an additional cost for all debts owed to the court when the court utilizes debt setoff procedures pursuant to K.S.A. 75-6202 et seq., and amendments thereto. The collection assistance fee shall be retained from the amount collected, but shall not be deducted from the debts owed to the court.
(4) The director may credit a portion of the collection assistance fee to the appropriate account or fund of any other state agency that has incurred expenses in assisting in the collection of the debt.
(5) The amount of the collection assistance fee retained by the director 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 accounting services recovery fund.
(c) Upon receipt by the state agency, foreign state agency or municipality of the net proceeds collected, the state agency, foreign state agency or municipality shall credit the debtor's obligation in the amount of the gross proceeds collected.
(d) Except as otherwise prescribed by the director or the secretary of administration, any state agency, foreign state agency or municipality which receives any payment from a debtor after notification to the debtor under K.S.A. 75-6206, and amendments thereto, other than payments collected pursuant to K.S.A. 44-718, and amendments thereto, or collected through the federal government or judicial process, shall remit the collection assistance fee imposed under subsection (b) to the director which shall be credited to the accounting services recovery fund. If a state agency fails to remit the collection assistance fee as required by this subsection, the director may transfer an amount equal to such collection assistance fee from the appropriate account or fund of the state agency to the accounting services recovery fund. If a foreign state agency or municipality fails to remit the collection assistance fee as required by this subsection, the director may seek collection of such fee in such manner as may be allowed by law.
(e) In cases involving the collection of debts arising from the employment security law, the entire amount collected shall be credited to the employment security fund and the collection assistance fee shall be transferred from the special employment security fund to the accounting services recovery fund.
History: L. 1981, ch. 342, § 10; L. 1983, ch. 289, § 5; L. 1986, ch. 191, § 7; L. 1993, ch. 232, § 9; L. 1994, ch. 100, § 2; L. 2001, ch. 5, § 407; L. 2013, ch. 126, § 2; L. 2015, ch. 53, § 9; July 1.
The priority in multiple claims by state agencies, foreign state agencies and municipalities for setoff under the provisions of this act shall be according to the following priority of claims:
(a) Collection of taxes owed to agencies of the state of Kansas;
(b) claims for collection of intrastate and interstate child support debts;
(c) claims for collection of debts which have been written off by assignment to the director;
(d) other claims according to the time of filing with the director under K.S.A. 75-6208 and amendments thereto; and
(e) notwithstanding subsection (d), claims for collection of tax liabilities of other states shall have last priority according to the time of filing with the director under K.S.A. 75-6208, and amendments thereto.
History: L. 1981, ch. 342, § 11; L. 1993, ch. 232, § 10; July 1.
(a) Notwithstanding any provision of law prohibiting disclosure by the department of revenue of the contents of taxpayer records or information and notwithstanding any confidentiality statute of any state agency, foreign state agency or municipality, all information exchanged among the department of revenue, any other state agency, foreign state agency or municipality and the debtor necessary to accomplish and effectuate the intent of this act is lawful.
(b) The information obtained by any other state agency, foreign state agency or municipality from the department of revenue in accordance with the exemption authorized by subsection (a) shall only be used by such other state agency, foreign state agency or municipality in the pursuit of its debt collection duties and practices. Any person employed by, or formerly employed by, a state agency other than the department of revenue, who is employed, or formerly employed by a foreign state agency or municipality, and who receives information subject to the provisions of K.S.A. 79-3234 and amendments thereto, or other information designated by law as confidential, shall be subject to the same duty of confidentiality with respect to such confidential information imposed by law on officers and employees of the state agency, foreign state agency or municipality from which such information was obtained and shall be subject to any civil or criminal penalties imposed by law for violations of such duty of confidentiality.
History: L. 1981, ch. 342, § 12; L. 1993, ch. 232, § 11; July 1.
All rules and regulations relating to setoff procedures which were adopted by the secretary of administration under K.S.A. 75-3728k and which were in effect immediately prior to 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 secretary of administration under this act until revised, amended, revoked or nullified pursuant to law, except any provision of such rules and regulations in conflict with this act shall be void on the effective date of this act.
History: L. 1981, ch. 342, § 13; July 1.
(a) Upon written request to the director, any debtor against whom setoff has been effected may have a hearing thereon if:
(1) The debtor alleges that either such debtor did not receive actual notice of the right to request a hearing thereon or that the debtor did not use the opportunity for a hearing;
(2) less than two years have elapsed since the setoff was effected; and
(3) the debtor alleges that the setoff was improper.
(b) Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Orders resulting from hearings under this section shall not be subject to administrative review. If it is determined that the setoff was improper, the debtor shall be entitled to a refund of the sum improperly setoff. The director of accounts and reports shall cause such refund to be paid from the fund or funds of any state agency to which the amounts which were setoff were credited. In the case of a foreign state agency or municipality, the director shall direct a refund of the amount improperly setoff. The amount of any such refund shall be in addition to and shall not be included in computing expenditures credited against any expenditure limitation imposed on any such fund.
History: L. 1981, ch. 342, § 14; L. 1988, ch. 356, § 310; L. 1993, ch. 232, § 12; July 1.
The secretary of revenue and the director of accounts and reports are hereby authorized to enter into reciprocal agreements with foreign states to allow the setoff of debts owed to such foreign states pursuant to K.S.A. 75-6201 et seq., and amendments thereto.
History: L. 1993, ch. 232, § 1; July 1.
(a) The director may enter into one or more agreements with the federal department of the treasury or its successor that provide for offsetting federal and state payments, as authorized by federal law and K.S.A. 75-6204, and amendments thereto, except that other setoffs under K.S.A. 75-6201 et seq., and amendments thereto, occur prior to the setoffs authorized under this section.
(b) Any agreement entered into by the director pursuant to subsection (a) may provide that the federal department of the treasury or its successor may deduct a fee from each administrative setoff and state payment setoff. For purposes of this subsection: (1) "Administrative setoff" means any offset of federal payments to collect state tax and nontax obligations; and
(2) "state payment setoff" means any offset of state payments to collect federal nontax obligations.
(c) The director is authorized to deduct a fee in an amount authorized under subsection (b) of K.S.A. 75-6210, and amendments thereto.
(d) Notwithstanding any provision of law prohibiting disclosure by the department of administration of the contents of debtor records or information, and notwithstanding any confidentiality statute of any state agency, all information exchanged between the department of administration, the federal department of the treasury and the debtor necessary to accomplish and effectuate the intent of this act is lawful.
History: L. 2011, ch. 76, § 1; July 1.
(a) Prior to any lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee paying on behalf of the state any moneys requiring the completion of an internal revenue service form W-2G, the lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee shall cause the person winning the prize to be matched against the state debtor files maintained by the director of accounts and reports as prescribed under K.S.A. 75-6201 et seq., and amendments thereto. If such person is listed in the state debtor files, the prize shall be withheld by the lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee to the extent of such person's debt as set forth in the state debtor files.
(b) The lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee shall not be subject to any civil, criminal or administrative liability for any actions taken pursuant to this section, unless such actions are intentional, malicious or wanton by such lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee or employees or agents thereof. The state shall indemnify the lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee for any and all expenses, losses, damages and attorney fees that arise directly or indirectly from the performance of activities related to this section. For the purposes of the fair debt collection practices act, and any other federal or state law, the lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee shall have all of the protections of the state under the Kansas tort claims act, K.S.A. 75-6101 et seq., and amendments thereto. The sole remedy at law for persons who claim prizes were wrongfully withheld pursuant to this section shall be to submit an appeal to the department of administration pursuant to K.S.A. 75-6201 et seq., and amendments thereto.
(c) Moneys withheld, based on the state debtor files, shall be remitted to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto. The state treasurer shall deposit the entire amount in the state treasury and credit it to the department of administration's setoff clearing fund.
(d) Nothing in this section shall apply to Native American tribal gaming facilities.
(e) This section shall be part of and supplemental to the state debt setoff program.
History: L. 2018, ch. 96, § 6; May 24.
(a) There is hereby established under the jurisdiction of the commissioner of insurance the department of insurance, securities division. The department of insurance, securities division shall be administered by the department of insurance assistant commissioner, securities division who shall be in the unclassified service under the Kansas civil service act. The department of insurance assistant commissioner, securities division shall be appointed by the commissioner of insurance. The department of insurance assistant commissioner, securities division shall have special training and qualifications for such position, receive such compensation as may be fixed by the commissioner of insurance and serve at the pleasure of the commissioner of insurance.
(b) The department of insurance assistant commissioner, securities division shall devote full time to the performance of the duties of the department of insurance, securities division.
(c) The department of insurance assistant commissioner, securities division may appoint directors and other employees within the department of insurance, securities division as determined necessary by the department of insurance assistant commissioner, securities division to effectively carry out the mission of the office. All directors appointed after the effective date of this act shall be in the unclassified service under the Kansas civil service act, have special training and qualifications for such positions, serve at the pleasure of the department of insurance assistant commissioner, securities division and receive compensation fixed by the department of insurance assistant commissioner, securities division and approved by the commissioner of insurance.
(d) Nothing in subsection (c) shall affect the classified status of any person employed in the department of insurance, securities division on the day immediately preceding the effective date of this act. The provisions of this subsection shall not be construed to limit the powers of the department of insurance assistant commissioner, securities division pursuant to K.S.A. 75-2948, and amendments thereto.
(e) The department of insurance, securities division shall cooperate with the department of insurance to consolidate administrative functions and cross-appoint such employees as deemed necessary to provide efficiency. The commissioner of insurance and the department of insurance assistant commissioner, securities division are hereby authorized to enter into agreements and adopt rules and regulations as necessary to administer the provisions of this subsection.
History: L. 1982, ch. 98, § 1; L. 1998, ch. 182, § 21; L. 2008, ch. 121, § 33; L. 2017, ch. 81, § 11; L. 2020, ch. 10, § 7; L. 2025, ch. 87, § 38; July 1.
(a) (1) The office of the securities commissioner of Kansas, as established by K.S.A. 75-6301, and amendments thereto, is hereby renamed the department of insurance, securities division. All powers, duties and functions of the office of the securities commissioner of Kansas are hereby transferred and imposed upon the department of insurance, securities division.
(2) The securities commissioner is hereby renamed the department of insurance assistant commissioner, securities division. All powers, duties and functions of the securities commissioner are hereby transferred and imposed upon the department of insurance assistant commissioner, securities division.
(b) (1) Whenever the office of the securities commissioner of Kansas, 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 office of the securities commissioner of Kansas, such reference or designation shall be deemed to apply to the department of insurance, securities division.
(2) Whenever the securities commissioner, or words of like effect, are referred to or designated by statute, contract or other document, and such reference or designation is in regard to any function, power or duty of the securities commissioner of Kansas, such reference or designation shall be deemed to apply to the department of insurance assistant commissioner, securities division.
(c) All rules and regulations, orders and directives of the securities commissioner of Kansas that are in effect on July 1, 2025, shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the department of insurance assistant commissioner, securities division until amended, revoked or nullified pursuant to law.
History: L. 2025, ch. 87, § 2; July 1.
History: L. 1982, ch. 98, § 2; L. 2004, ch. 154, § 64; Repealed, L. 2025, ch. 87, § 39; July 1.
History: L. 1982, ch. 98, § 3; Repealed, L. 2025, ch. 87, § 39; July 1.
History: L. 1982, ch. 98, § 4; Repealed, L. 2025, ch. 87, § 39; July 1.
History: L. 1982, ch. 98, § 5; Repealed, L. 2025, ch. 87, § 39; July 1.
History: L. 1982, ch. 98, § 6; Repealed, L. 2025, ch. 87, § 39; July 1.
History: L. 1982, ch. 98, § 7; Repealed, L. 2025, ch. 87, § 39; July 1.
History: L. 1994, ch. 42, § 1; Repealed, L. 1997, ch. 62, § 14; July 1.
K.S.A. 75-6401 to 75-6407, inclusive, shall be known and may be cited as the Kansas prompt payment act.
History: L. 1984, ch. 310, § 1; January 1, 1985.
As used in the Kansas prompt payment act, unless the context clearly requires otherwise, the following words and phrases shall have the meanings respectively ascribed thereto.
(a) "State agency" means the state and any state agency, department, division or authority thereof.
(b) "Government agency" means any state agency, library, community college or unified school district.
(c) "Vendor" means any person, corporation, association or other business concern engaged in a trade or business, either on a profit or not-for-profit basis, and providing any goods or services to a government agency.
(d) "Goods" means any goods, supplies, materials, equipment or other personal property, but does not mean any real property.
(e) "Services" means any contractual services including architectural, engineering, medical, financial, consulting or other professional services, any construction services and any other personal services, but does not mean any services performed as an officer or employee of any government agency. Services shall not include construction contracts subject to K.S.A. 16-1901 through 16-1908, and amendments thereto.
(f) "Bill" means a proper billing which requests payment and which contains or is accompanied by such substantiating documentation as may be required for payment for the goods or services.
(g) "Community college" means any community college organized and operating under the laws of this state.
(h) "Library" means a library which serves the general public and is supported in whole or in part with tax money.
History: L. 1984, ch. 310, § 2; L. 1986, ch. 342, § 1; L. 2007, ch. 163, § 10; July 1.
(a) Each government agency purchasing or contracting for goods or services from a vendor shall make prompt payment therefor, including payment of any interest penalties due, in accordance with this section.
(b) Each government agency which has received goods or services from a vendor and which does not make payment therefor as prescribed by this subsection shall be subject to an interest payment penalty if the vendor makes a request for payment in accordance with subsection (c). Each government agency shall make payment of the full amount due for such goods or services on or before the 30th calendar day after the date of receipt by the government agency of the goods and services or the date of receipt by the government agency of the bill therefor, whichever is later, unless other provisions for payment are agreed to in writing by the vendor and the government agency. No goods or services shall be deemed to be received by a government agency until all such goods or services are completely delivered and finally accepted by the government agency. For purposes of determining whether a payment was made in accordance with this subsection, a payment by a government agency shall be considered to be made on the date on which the warrant or check for such payment is dated.
(c) (1) Any vendor to which payment has not been made within the time prescribed by subsection (b) may make a written request for payment to the chief executive officer of the government agency obligated to make the payment with interest thereon. Such request shall indicate the government agency obligated to make the payment, the date of receipt of the goods or services by the government agency, the date the vendor sent the government agency the bill for such goods or services and, in the case of a state agency, such other information as may be prescribed by rules and regulations adopted under K.S.A. 75-6407.
(2) Each state agency shall forward a copy of each vendor's request for payment to the director of accounts and reports along with the voucher prepared by the state agency to make payment to the vendor, including payment of the interest penalty prescribed by this subsection. For purposes of computing the interest penalty due a vendor, the state agency shall add seven days from the date the voucher is sent to the director of accounts and reports for payment. Interest penalties on amounts due to a vendor by a state agency shall be paid to the vendor beginning on the day after the required payment date under subsection (b) and ending seven days after the voucher for payment is sent to the director of accounts and reports, except that no interest penalty shall be paid if full payment of the amount due for such goods or services is made on or before the 15th calendar day after the required payment date under subsection (b).
(3) The chief executive officer of the unified school district shall forward a copy of each vendor's request for payment to the governing body thereof, if any, along with the documents prepared to make payment to the vendor, including payment of the interest penalty prescribed by this subsection. Interest penalties on amounts due to a vendor by a unified school district shall be paid to the vendor beginning on the day after the required payment date under subsection (b) and ending on the date on which payment of the amount due is made, except that no interest penalty shall be paid if full payment of the amount due for such goods or services is made on or before the 15th calendar day after the required payment date under subsection (b).
(d) The interest penalty under this section shall be computed at the rate of 1.5% per month on the amount of the payment which is due in accordance with this section. Any amount of an interest penalty which remains unpaid at the end of any thirty-day period after the required payment date under subsection (b) shall be added to the principal amount of the debt and thereafter interest penalties shall accrue on such added amount.
(e) In the event a state agency denies liability and alleges grounds to not make payment after a vendor has requested payment therefor in accordance with subsection (c), the state agency shall inform the vendor in writing of the reasons therefor and that the vendor has the right to file a claim on the dispute with the joint committee on special claims against the state.
(f) No interest penalty shall be payable if a vendor fails to request payment in accordance with subsection (c) within four months after the payment date prescribed by subsection (b).
History: L. 1984, ch. 310, § 3; January 1, 1985.
Nothing in the Kansas prompt payment act shall be construed to prohibit full or partial payments by government agencies for goods or services whether or not such goods or services have been completely received or finally accepted by the government agencies.
History: L. 1984, ch. 310, § 4; January 1, 1985.
(a) If a vendor offers a government agency a discount from the amount otherwise due under a contract for goods or services in exchange for payment within a specified period of time, the government agency may make payment in an amount equal to the discounted price only if payment is made within such specified period of time.
(b) Each government agency which violates subsection (a) shall be subject to a late payment penalty under K.S.A. 75-6403 if the vendor makes a request for payment in accordance with subsection (c) of K.S.A. 75-6403.
History: L. 1984, ch. 310, § 5; January 1, 1985.
History: L. 1984, ch. 310, § 6; Repealed, L. 2002, ch. 200, § 6; June 6.
The secretary of administration may adopt necessary rules and regulations for the implementation of the provisions of the Kansas prompt payment act applicable to state agencies.
History: L. 1984, ch. 310, § 7; January 1, 1985.
(a) Within the limits of appropriations made or available therefor and subject to the provisions of appropriation acts relating thereto, the Kansas state employees health care commission shall develop and provide for the implementation and administration of a state health care benefits program. The state employees health care commission shall balance the healthcare needs of state employees at an affordable cost to the employees with the financial impact on the state.
(b) (1) Subject to the provisions of paragraph (2), the state health care benefits program may provide benefits for persons qualified to participate in the program for hospitalization, medical services, surgical services, nonmedical remedial care and treatment rendered in accordance with a religious method of healing and other health services. The program may include such provisions as are established by the Kansas state employees health care commission, including, but not limited to, qualifications for benefits, services covered, schedules and graduation of benefits, conversion privileges, deductible amounts, limitations on eligibility for benefits by reason of termination of employment or other change of status, leaves of absence, military service or other interruptions in service and other reasonable provisions as may be established by the commission.
(2) The state health care benefits program shall provide the benefits and services required by K.S.A. 75-6524, and amendments thereto.
(c) The Kansas state employees health care commission shall designate by rules and regulations those persons who are qualified to participate in the state health care benefits program, including active and retired public officers and employees and their dependents as defined by rules and regulations of the commission. Such rules and regulations shall not apply to students attending a state educational institution as defined in K.S.A. 76-711, and amendments thereto, who are covered by insurance contracts entered into by the board of regents pursuant to K.S.A. 75-4101, and amendments thereto. In designating persons qualified to participate in the state health care benefits program, the commission may establish such conditions, restrictions, limitations and exclusions as the commission deems reasonable. Such conditions, restrictions, limitations and exclusions shall include the conditions contained in K.S.A. 75-6506(d), and amendments thereto. Each person who was formerly elected or appointed and qualified to an elective state office and who was covered immediately preceding the date such person ceased to hold such office by the provisions of group health insurance or a health maintenance organization plan under the law in effect prior to August 1, 1984, or the state health care benefits program in effect after that date, shall continue to be qualified to participate in the state health care benefits program and shall pay the cost of participation in the program as established and in accordance with the procedures prescribed by the commission if such person chooses to participate therein.
(d) (1) Commencing with the 2009 plan year that begins January 1, 2009, if a state employee elects the high deductible health plan and health savings account, the state's employer contribution shall equal the state's contribution to any other health benefit plan offered by the state. The cost savings to the state for the high deductible health plan shall be deposited monthly into the employee's health savings account up to the maximum annual amount allowed pursuant to 26 U.S.C. § 223(d), as amended, for as long as the employee participates in the high deductible plan.
(2) If the employee had not previously participated in the state health benefits plan, the employer shall calculate the average savings to the employer of the high deductible plan compared to the other available plans and contribute that amount monthly to the employee's health savings account up to the maximum annual amount allowed pursuant to 26 U.S.C. § 223(d), as amended.
(3) The employer shall allow additional voluntary contributions by the employee to their health savings account by payroll deduction up to the maximum annual amount allowed pursuant to 26 U.S.C. § 223(d), as amended.
(e) The commission shall have no authority to assess charges for employer contributions under the student health care benefits component of the state health care benefits program for persons who are covered by insurance contracts entered into by the board of regents pursuant to K.S.A. 75-4101, and amendments thereto.
(f) Nothing in this act shall be construed to permit the Kansas state employees health care commission to discontinue the student health care benefits component of the state health care benefits program until the state board of regents has contracts in effect that provide student coverage pursuant to the authority granted therefor in K.S.A. 75-4101, and amendments thereto.
(g) (1) On and after July 1, 2018, the commission shall designate claimants, as defined in K.S.A. 60-5004, and amendments thereto, as qualified to participate in the state health care benefits program. The commission shall implement this subsection in accordance with applicable federal law, including, but not limited to, the employee retirement income security act of 1974 and any regulations issued by the United States department of the treasury.
(2) A claimant shall have 31 calendar days from the date of judgment entered pursuant to K.S.A. 60-5004, and amendments thereto, to complete or decline enrollment in the state health care benefits program. A claimant shall be qualified to participate in the state health care benefits program for the remainder of the plan year when judgment is entered pursuant to K.S.A. 60-5004, and amendments thereto, and for the next ensuing plan year. A claimant shall not be qualified to elect a high-deductible health plan and health savings account under the state health care benefits program.
(3) Costs of premiums under the state health care benefits program for a claimant shall be paid from the tort claims fund established by K.S.A. 75-6117, and amendments thereto, and shall not be charged to the claimant. A claimant shall be responsible to pay any applicable copayments, deductibles and other related costs under the state health care benefits program.
(4) A claimant may elect to include the claimant's dependents under the state health care benefits program. For any covered dependents, the claimant shall be responsible to pay the costs of premiums, copayments, deductibles and other related costs under the state health care benefits program.
(5) The secretary of health and environment or the secretary's designee shall provide assistance to a claimant to obtain and maintain coverage under the state health care benefits program pursuant to this subsection, including: Enrollment; maintenance of related records; and other assistance as may be required or incidental to implement this subsection.
History: L. 1984, ch. 329, § 1; L. 2002, ch. 30, § 1; L. 2006, ch. 189, § 2; L. 2008, ch. 164, § 10; L. 2010, ch. 120, § 2; L. 2018, ch. 108, § 4; L. 2021, ch. 90, § 1; July 1.
(a) There is hereby established the Kansas state employees health care commission which is composed of seven members as follows: (1) The commissioner of insurance; (2) the secretary of administration; (3) a current state employee who is currently enrolled in the state healthcare benefits program group health insurance medical plan, appointed by the governor; (4) a person who retired from a position in state service and who is currently enrolled in the state healthcare benefits program group health insurance medical plan, appointed by the governor; (5) a representative of the general public, appointed by the governor; (6) a member of the senate ways and means committee, appointed by the president of the senate; and (7) a member of the house of representatives appropriations committee, appointed by the speaker of the house of representatives. A state officer or employee may not be appointed as the member representative of the general public.
(b) Each member appointed under this section by the governor shall serve at the pleasure of the governor. The member appointed by the president of the senate shall serve at the pleasure of the president of the senate, and the member appointed by the speaker of the house of representatives shall serve at the pleasure of the speaker of the house of representatives. Not more than five members of the commission shall be members of the same political party.
(c) The chairperson of the commission shall be designated by the governor. The commission shall meet at least once each calendar quarter and at such other times as may be required on call of the chairperson or any three members thereof.
(d) A quorum of the Kansas state employees health care commission shall be four. All actions of the commission shall be taken by a majority of all of the members of the commission.
(e) Members of the Kansas state employees health care commission attending meetings of such commission, or attending a subcommittee meeting thereof authorized by such commission, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
History: L. 1984, ch. 329, § 2; L. 1992, ch. 271, § 1; L. 2021, ch. 90, § 2; July 1.
(a) Except as otherwise provided by this act, all budgeting, purchasing and related management functions of the Kansas state employees health care commission shall be administered by the secretary of administration under the direction and supervision of the chairperson of the commission. All vouchers for expenditures and all payrolls of the Kansas state employees health care commission shall be approved by the chairperson of the commission or by a person or persons designated by the chairperson.
(b) There is hereby created the position of technical administrator for the state health care benefit program. Under the direction and supervision of the secretary of administration, the technical administrator shall provide primary staffing assistance to the commission and perform such other functions and duties as may be prescribed by the commission. The technical administrator shall be in the classified or unclassified service under the Kansas civil service act as specified by the secretary of administration and shall be appointed by the secretary of administration. Within the limits of available appropriations, the secretary of administration shall provide such additional assistance as may be requested by the commission.
History: L. 1984, ch. 329, § 3; L. 1995, ch. 220, § 1; July 1.
(a) Subject to the provisions of appropriation acts relating thereto, in developing and providing for the implementation of a state health care benefits program the Kansas state employees health care commission may:
(1) Enter into one or more group insurance contracts to provide coverage for all or part of the state health care benefits program;
(2) establish a self-funded program on an actuarially sound basis to provide coverage for all or part of the state health care benefits program and administer the self-funded program or contract for all or part of the administration of the self-funded program;
(3) provide for the self-administration of all or part of the state health care benefits program;
(4) enter into contracts with one or more health care providers for the provision of health care services;
(5) enter into contracts in accordance with the provisions of K.S.A. 75-6505, and amendments thereto, with one or more health maintenance organizations for the provision of health care services; or
(6) any combination of the authority granted under this subsection (a).
(b) The Kansas state employees health care commission is hereby authorized to negotiate and enter into contracts with qualified insurers, health maintenance organizations and other contracting parties for the purpose of establishing the state health care benefits program, including the acquisition of consulting and other services necessary therefor. The commission shall advertise for proposals, shall negotiate with not less than three firms or other parties submitting proposals, and shall select from among those submitting proposals the firm or other contracting party to contract with for the purpose of entering into contracts for services related to the state health care benefits program.
(c) The provisions of K.S.A. 75-4317 through 75-4320a, and amendments thereto, shall not apply to meetings of the Kansas state employees health care commission when the commission meets solely for the purpose of:
(1) Discussing and preparing strategies for negotiations for such plans and contracts; and
(2) considering health care matters relating to individually identifiable plan participants.
(d) Contracts entered into pursuant to this section, K.S.A. 75-6505 or 75-6510, and amendments thereto, shall not be subject to the provisions of K.S.A. 75-3738 to 75-3740, inclusive, and amendments thereto. Such contracts may be for terms of not more than three years and may be renegotiated and renewed. All such contracts shall be subject to the limits of appropriations made or available therefor and subject to the provisions of appropriations acts relating thereto.
History: L. 1984, ch. 329, § 4; L. 1992, ch. 271, § 2; July 1.
The Kansas state employees health care commission, in accordance with the provisions of K.S.A. 75-6504, may contract to provide health care services of a health maintenance organization for persons qualified to participate in the state health care benefits program. The contract shall provide that coverage under the contract is applicable to those persons qualified to participate in the state health care benefits program as the commission determines feasible. This coverage may be available to such qualified persons as an alternative to other benefits under the state health care benefits program or may be part of the benefits provided to such persons under the program. The contract may include services for spouses and dependents of members at rates established in accordance with such contract. A contract to provide health care services of a health maintenance organization under this section shall be construed to be part of the state health care benefits program.
History: L. 1984, ch. 329, § 5; March 1.
(a) The participation of a person qualified to participate in the state health care benefits program shall be voluntary, and the cost of the state health care benefits program for such person shall be established by the Kansas state employees health care commission.
(b) Periodic deductions from state payrolls may be made in accordance with procedures prescribed by the secretary of administration to cover the costs of the state health care benefits program payable by persons who are on the state payroll when authorized by such persons. Any such periodic payroll deductions in effect on an implementation date for biweekly payroll periods shall be collected in the manner prescribed by the secretary of administration.
(c) In the event that the Kansas state employees health care commission designates by rules and regulations a group of persons on the payroll of a county, township, city, special district or other local governmental entity, public school district, licensed child care facility operated by a not-for-profit corporation providing residential group foster care for children and receiving reimbursement for all or part of such care from the Kansas department for children and families, nonprofit community mental health center, as provided in K.S.A. 19-4001 et seq., and amendments thereto, nonprofit community facility for people with intellectual disability, as provided in K.S.A. 19-4001 et seq., and amendments thereto, or nonprofit independent living agency, as defined in K.S.A. 65-5101, and amendments thereto, as qualified to participate in the state health care benefits program, periodic deductions from payrolls of the local governmental entity, public school district, licensed child care facility operated by a not-for-profit corporation providing residential group foster care for children and receiving reimbursement for all or part of such care from the Kansas department for children and families, nonprofit community mental health center, as provided in K.S.A. 19-4001 et seq., and amendments thereto, nonprofit community facility for people with intellectual disability, as provided in K.S.A. 19-4001 et seq., and amendments thereto, or nonprofit independent living agency, as defined in K.S.A. 65-5101, and amendments thereto, may be made to cover the costs of the state health care benefits program payable by such persons when authorized by such persons. All such moneys deducted from payrolls shall be remitted to the Kansas state employees health care commission in accordance with the directions of the commission.
(d) Whenever the Kansas state employees health care commission designates any entity listed in subsection (c) as qualified to participate in the state health care benefits program, such entity's participation shall be conditioned upon the following:
(1) At least 70% of such entity's employees shall participate in the state health care plan;
(2) except as provided by paragraph (6) of this subsection, the rate of the premium paid by the entity as the employer's share of the total amount of premium paid shall be at least equal to the rate paid by the state of Kansas for its employees;
(3) the entity shall not create, maintain or permit any exemption from participation in the state health care plan for such entity's employees;
(4) the rate charged to such entity shall be sufficient to pay for any administrative or underwriting costs incurred by the state employees health care commission;
(5) the rate charged to such entity shall not increase the rate of premium paid by the state of Kansas for its employees;
(6) the entity shall elect to participate for a minimum of three consecutive years in the state health care benefits program; and
(7) the commission may authorize an entity to pay less than the state rate for the employee coverage for no more than three years and no more than five years for dependent coverage on the condition that the entity elects to participate for at least three consecutive years after first paying the state rate for employee coverage.
History: L. 1984, ch. 329, § 6; L. 1990, ch. 282, § 25; L. 1992, ch. 271, § 3; L. 1994, ch. 279, § 24; L. 2002, ch. 30, § 2; L. 2012, ch. 91, § 63; L. 2014, ch. 115, § 401; July 1.
(a) Commencing in plan year 2002, within the limits of appropriations thereof, the Kansas state employees health care commission shall establish a pilot program which provides that, if an active employee of the state of Kansas is enrolled in a health care benefits plan administered by the Kansas state employees health care commission, pursuant to K.S.A. 75-6501 et seq., and amendments thereto, the commission shall provide that a percentage determined by the commission, within the limits of appropriations for the pilot program, of the cost to cover an eligible child or children shall be paid as an employer contribution for the participation of any eligible child or children in the state health benefits program.
(b) As used in this section, "eligible child" means any child who is an eligible dependent pursuant to K.A.R. 108-1-1 and who is otherwise eligible for insurance coverage under the insurance plan authorized by K.S.A. 38-2001, and amendments thereto, and under the guidelines for eligibility developed by the commission within the limits of appropriations for the pilot program but is not eligible solely because the child is a member of a family that is eligible for health benefits coverage under a state health benefits plan administered by the Kansas state employees health care commission.
(c) The Kansas state employees health care commission shall report its findings and any recommendations which the commission may have concerning the pilot program established under this section to the governor and to the legislature annually.
(d) The secretary of administration is hereby authorized to receive grants, gifts or donations from the United States government, or its agencies, the Sunflower Foundation: Healthcare for Kansas, or any other source whatsoever for the purposes of the pilot program established under this section and amendments thereto, and any moneys so received shall be deposited in the state treasury and credited to the cafeteria benefits fund established by K.S.A. 75-6513, and amendments thereto. All funds received pursuant to this section shall be placed in a separate account within the cafeteria benefits fund. All expenditures made from such fund for the purposes of this section shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued by the secretary of administration or a person designated by the secretary of administration.
History: L. 2001, ch. 198, § 3; July 1.
Revisor's Note: Section transferred to 75-6513.
(a) (1) Each state agency which has on its payroll persons participating in the state health care benefits program shall pay from any moneys available to the agency for such purpose an amount specified by the Kansas state employees health care commission, including any amounts prescribed under a cafeteria plan established under K.S.A. 75-6512, and amendments thereto. All such payments shall continue on the behalf of employees otherwise eligible for participation in the state health care benefits program in accordance with the continuation provisions of the federal family and medical leave act of 1993, P.L. 103-03, 107 Stat. 6. The commission may charge each state agency a uniform amount per person as the cost to the agency for the state's contribution for persons participating in the state health care benefits program. Such amounts may include the costs of administering the program.
(2) In the event that the Kansas state employees health care commission designates by rules and regulations a group of persons on the payroll of a county, township, city, special district or other local governmental entity, public school district, licensed child care facility operated by a not-for-profit corporation providing residential group foster care for children and receiving reimbursement for all or part of such care from the Kansas department for children and families, nonprofit community mental health center, as provided in K.S.A. 19-4001 et seq., and amendments thereto, nonprofit community facility for people with intellectual disability, as provided in K.S.A. 19-4001 et seq., and amendments thereto, or nonprofit independent living agency, as defined in K.S.A. 65-5101, and amendments thereto, as qualified to participate in the state health care benefits program, each local governmental entity, public school district, licensed child care facility operated by a not-for-profit corporation providing residential group foster care for children and receiving reimbursement for all or part of such care from the Kansas department for children and families, nonprofit community mental health center, as provided in K.S.A. 19-4001 et seq., and amendments thereto, nonprofit community facility for people with intellectual disability, as provided in K.S.A. 19-4001 et seq., and amendments thereto, or nonprofit independent living agency, as defined in K.S.A. 65-5101, and amendments thereto, which has on its payroll persons participating in the state health care benefits program shall pay from any moneys available to the local governmental entity, public school district, licensed child care facility operated by a not-for-profit corporation providing residential group foster care for children and receiving reimbursement for all or part of such care from the Kansas department for children and families, nonprofit community mental health center, as provided in K.S.A. 19-4001 et seq., and amendments thereto, nonprofit community facility for people with intellectual disability, as provided in K.S.A. 19-4001 et seq., and amendments thereto, or nonprofit independent living agency, as defined in K.S.A. 65-5101, and amendments thereto, for such purpose an amount specified by the commission. The commission may charge each local governmental entity, public school district, licensed child care facility operated by a not-for-profit corporation providing residential group foster care for children and receiving reimbursement for all or part of such care from the Kansas department for children and families, nonprofit community mental health center, as provided in K.S.A. 19-4001 et seq., and amendments thereto, nonprofit community facility for people with intellectual disability, as provided in K.S.A. 19-4001 et seq., and amendments thereto, or nonprofit independent living agency, as defined in K.S.A. 65-5101, and amendments thereto, a uniform amount per person as the cost to the local governmental entity, public school district, licensed child care facility operated by a not-for-profit corporation providing residential group foster care for children and receiving reimbursement for all or part of such care from the Kansas department for children and families, nonprofit community mental health center, as provided in K.S.A. 19-4001 et seq., and amendments thereto, nonprofit community facility for people with intellectual disability, as provided in K.S.A. 19-4001 et seq., and amendments thereto, or nonprofit independent living agency, as defined in K.S.A. 65-5101, and amendments thereto, for the contribution of the local governmental entity, public school district, licensed child care facility operated by a not-for-profit corporation providing residential group foster care for children and receiving reimbursement for all or part of such care from the Kansas department for children and families, nonprofit community mental health center, as provided in K.S.A. 19-4001 et seq., and amendments thereto, nonprofit community facility for people with intellectual disability, as provided in K.S.A. 19-4001 et seq., and amendments thereto, or nonprofit independent living agency, as defined in K.S.A. 65-5101, and amendments thereto, for persons participating in the state health care benefits program. Such amounts may include the costs of administering the program.
(b) Payments from public funds for coverage under the state health care benefits program for persons participating in that program shall not be deemed a payment or supplement of wages of such person notwithstanding any other provision of law or rules and regulations relating to wages of any such person.
History: L. 1984, ch. 329, § 8; L. 1986, ch. 343, § 2; L. 1990, ch. 282, § 26; L. 1992, ch. 271, § 4; L. 1993, ch. 231, § 4; L. 1994, ch. 279, § 25; L. 1994 ch. 352, § 6; L. 2012, ch. 91, § 64; L. 2014, ch. 115, § 402; July 1.
Commencing with the regular session of the legislature in 1985 and with each regular session of the legislature thereafter, the Kansas state employees health care commission shall submit to the president of the senate and to the speaker of the house of representatives, on the day the governor's budget report is submitted to the legislature, recommendations with respect to the state health care benefits program together with estimates of the cost of the program proposed by the commission, including a five-year projection of the cost of the program, and the estimated cost of admitting each entity pursuant to K.S.A. 75-6506(c), and amendments thereto. The recommendations shall include a report on the current and projected reserve balance, including as a percentage of total plan expenses. For any reserve balance over 10% of the average plan expenses for the immediately preceding three plan years, the commission shall provide recommendations for reducing reserves by minimizing increases to employee contributions or cost-sharing requirements. Together with the recommendations submitted, the commission shall include alternatives for cost containment and benefit coverage for qualified persons for both the proposed program and the five-year projected program. The commission shall also submit any recommendations for legislation with respect to the state health care benefits program.
History: L. 1984, ch. 329, § 9; L. 2002, ch. 30, § 3; L. 2021, ch. 90, § 3; July 1.
(a) In exercising and performing the powers, duties and functions prescribed by K.S.A. 75-6501 to 75-6511, inclusive, the Kansas state employees health care commission may adopt rules and regulations and enter into such contracts as may be necessary.
(b) The Kansas state employees health care commission may establish an advisory committee to advise the commission on matters relating to health care benefits of state officers and employees and to assist the commission in the development of policy with respect to such benefits.
(c) The Kansas state employees health care commission shall maintain an ongoing study and review of the state health care benefits program in order to make necessary improvements therein and to make recommendations thereon under K.S.A. 75-6509.
History: L. 1984, ch. 329, § 10; March 1.
(a) Except as provided in subsection (b), the director of accounts and reports shall make periodic deductions from state retirement or other benefit payments to retired state officers and employees and other persons who are qualified to participate in the state health care benefits program for the costs of the state health care benefits program which are payable by such retired state officers and employees and other persons.
(b) No deductions shall be made under this section in cases (1) where the retired state officer or employee or other person submits a written request in accordance with procedures prescribed by the commission that the deductions not be made, or (2) where the commission has directed that the deductions not be made.
(c) No deductions made under this section shall be construed to be an assignment of any annuity, benefits, funds, property or rights of any person under K.S.A. 20-2618, 74-4923 or 74-49,105 and amendments to these sections.
History: L. 1984, ch. 329, § 11; March 1.
(a) Subject to the provisions of appropriations acts, the secretary of administration is hereby authorized to establish and administer a cafeteria plan pursuant to the provisions of section 125 of the federal internal revenue code of 1986 which shall be available to persons who are officers or employees of the state and who are qualified to participate in the state health care benefits program and which shall include, but not be limited to, provisions under which such officers and employees may agree to receive reduced compensation and: (1) Have the state's contribution under K.S.A. 75-6508, and amendments thereto, cover costs of dependent benefit coverage or other benefits under the state health care benefits program which would otherwise be payable by such officers and employees; and (2) receive benefits under the state employee dependent care assistance program under K.S.A. 75-6520, and amendments thereto.
(b) Any reduction in compensation for any person pursuant to any such cafeteria plan shall not reduce the compensation of such person for purposes of the employment security law, workers compensation act or the purposes of determining contributions and benefits under the Kansas public employees retirement system or any retirement system administered by the board of trustees of the Kansas public employees retirement system.
(c) Implementation of any such cafeteria plan and any additions or deletions thereto shall be subject to approval of the secretary of administration and the office of information technology services to assure adequate data processing resources therefor within the office of information technology services.
History: L. 1986, ch. 343, § 1; L. 1988, ch. 355, § 3; L. 1988, ch. 381, § 8; L. 2013, ch. 62, § 29; July 1.
(a) There is hereby created in the state treasury the cafeteria benefits fund.
(b) The cost of the state healthcare benefits program, including the costs of administering the program, shall be paid from the cafeteria benefits fund. The Kansas state employees health care commission shall remit all moneys received by or for the commission pursuant to the state healthcare benefits 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 cafeteria benefits fund.
(c) Each state agency shall pay into the cafeteria benefits fund amounts specified by the secretary of administration to pay for costs of administering the cafeteria plan as provided by law, including the costs of benefits provided thereunder.
(d) All expenditures from the cafeteria benefits fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by: (1) The chairperson of the Kansas state employees health care commission or by a person or persons designated by the chairperson, for expenditures relating to the state healthcare benefits program; and (2) the secretary of administration or by a person or persons designated by the secretary, for expenditures relating to administering the cafeteria plan as provided by law, including the costs of benefits provided thereunder. The director of accounts and reports shall issue warrants pursuant to vouchers approved under this section for payments from the cafeteria benefits fund notwithstanding the fact that claims for such payments were not submitted or processed for payment from money appropriated for the fiscal year in which the fund first became liable to make such payments.
History: L. 1984, ch. 329, § 7; L. 1988, ch. 355, § 2; L. 1996, ch. 170, § 5; L. 2001, ch. 5, § 408; L. 2023, ch. 42, § 12; January 1, 2024.
Subject to the provisions of appropriations acts, the secretary of administration is hereby authorized to establish and administer a state employee dependent care assistance program for all state officers and employees as part of the cafeteria plan established under K.S.A. 75-6512 and amendments thereto, pursuant to the provisions of sections 125 and 129 of the federal internal revenue code of 1986. Subject to the provisions of subsection (c) of K.S.A. 75-6512 and amendments thereto, the state employee dependent care assistance program shall be in effect not later than July 1, 1989. In accordance with this section, the secretary of administration shall establish the provisions and procedures of such program and shall inform all state officers and employees of such provisions and procedures.
History: L. 1988, ch. 355, § 1; July 1.
History: L. 1996, ch. 170, § 2; L. 2018, ch. 91, § 5; Repealed, L. 2023, ch. 42, § 13; January 1, 2024.
History: L. 1996, ch. 170, § 3; L. 2018, ch. 91, § 6; Repealed, L. 2023, ch. 42, § 13; January 1, 2024.
History: L. 1996, ch. 170, § 4; L. 2018, ch. 91, § 7; Repealed, L. 2023, ch. 42, § 13; January 1, 2024.
(a) In the coverage for the next health plan coverage year commencing on January 1, 2011, the state employees health care commission shall provide for the coverage of services for the diagnosis and treatment of autism spectrum disorder in any covered individual whose age is less than 19 years. Such coverage shall be subject to the following terms and conditions:
(1) Such coverage shall be provided in a manner determined in consultation with the autism services provider and the patient. Services provided by an autism services provider under this section shall include applied behavioral analysis when required by a licensed physician, licensed psychologist or licensed specialist clinical social worker but otherwise shall be limited to those services prescribed or ordered by a licensed physician, licensed psychologist or licensed specialist clinical social worker. Services provided pursuant to this paragraph shall be those services which are or have been recognized by peer reviewed literature as providing medical benefit to the patient based upon the patient's particular autism spectrum disorder.
(2) Such coverage may be subject to appropriate annual deductibles and coinsurance provisions as are consistent with those established for other physical illness benefits under the state employees health plan.
(3) Coverage for benefits for any covered person diagnosed with one or more autism spectrum disorders and whose age is between birth and less than seven years shall not exceed $36,000 per year.
(4) Coverage for benefits for any covered person diagnosed with one or more autism spectrum disorders and whose age is at least seven years and less than 19 years shall not exceed $27,000 per year.
(5) Coverages required under paragraphs (3) and (4) shall be subject to the same copays, deductibles and dollar limits as benefits for physical illness; and such other utilization or benefit limits as the state employees health care commission may determine.
(6) Reimbursement shall be allowed only for services provided by a provider licensed, trained and qualified to provide such services or by an autism specialist or an intensive individual service provider as such terms are defined by the Kansas department for aging and disability services Kansas autism waiver as it exists on July 1, 2010.
(7) Any insurer or other entity which administers claims for services provided for the treatment of autism spectrum disorder under this section, and amendments thereto, shall have the right and obligation to:
(A) Review utilization of such services; and
(B) deny any claim for services based upon medical necessity or a determination that the covered individual has reached the maximum medical improvement for the covered individual's autism spectrum disorder.
(b) For the purposes of this section:
(1) "Applied behavior analysis" means the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement and functional analysis of the relationship between environment and behavior.
(2) "Autism spectrum disorder" means the following disorders within the autism spectrum: Autistic disorder, Asperger's syndrome and pervasive developmental disorder not otherwise specified, as such terms are specified in the diagnostic and statistical manual of mental disorders, fourth edition, text revision (DSM-IV-TR), of the American psychiatric association, as published in May, 2000, or later versions as established in rules and regulations adopted by the behavioral sciences regulatory board pursuant to K.S.A. 74-7507, and amendments thereto.
(3) "Diagnosis of autism spectrum disorder" means any medically necessary assessment, evaluation or test to determine whether an individual has an autism spectrum disorder.
(c) (1) Pursuant to the provisions of K.S.A. 40-2249a, and amendments thereto, on or before March 1, 2012, the state employees health care commission shall submit to the president of the senate and to the speaker of the house of representatives, a report including the following information pertaining to the mandated coverage for autism spectrum disorder provided during the plan year commencing on January 1, 2011, and ending on December 31, 2011:
(A) The impact that the mandated coverage for autism spectrum disorder required by subsection (a) has had on the state health care benefits program;
(B) data on the utilization of coverage for autism spectrum disorder by covered individuals and the cost of providing such coverage for autism spectrum disorder; and
(C) a recommendation whether such mandated coverage for autism spectrum disorder should continue for the state health care benefits program or whether additional utilization and cost data is required.
(2) At the next legislative session following receipt of the report required in paragraph (1), the legislature may consider whether or not to require the coverage for autism spectrum disorder required by subsection (a) to be included in any individual or group health insurance policy, medical service plan, contract, hospital service corporation contract, hospital and medical service corporation contract, fraternal benefit society or health maintenance organization which provides coverage for accident and health services and which is delivered, issued for delivery, amended or renewed in this state on or after July 1, 2013.
History: L. 2010, ch. 120, § 1; L. 2015, ch. 56, § 7; May 21.
(a) As used in this section:
(1) "PANS" means pediatric acute-onset neuropsychiatric syndrome; and
(2) "PANDAS" means pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections.
(b) In the coverage for the next health plan coverage year commencing on January 1, 2023, the state employees health care commission shall provide for the coverage for the diagnosis and prescribed treatment of PANS and PANDAS.
(c) (1) Pursuant to the provisions of K.S.A. 40-2249a, and amendments thereto, on or before March 1, 2024, the state employees health care commission shall submit to the president of the senate and to the speaker of the house of representatives a report including the following information pertaining to the mandated coverage for PANS and PANDAS provided during the plan year commencing on January 1, 2023, and ending on December 31, 2023:
(A) The impact that the mandated coverage for PANS and PANDAS required by subsection (b) has had on the state health care benefits program;
(B) data on the utilization of coverage for PANS and PANDAS by covered individuals and the cost of providing such coverage for PANS and PANDAS; and
(C) a recommendation whether such mandated coverage for PANS and PANDAS should continue for the state health care benefits program or whether additional utilization and cost data is required.
(2) At the next legislative session following receipt of the report required in paragraph (1), the legislature may consider whether or not to require the coverage for PANS and PANDAS required by subsection (b) to be included in any individual or group health insurance policy, medical service plan, contract, hospital service corporation contract, hospital and medical service corporation contract, fraternal benefit society or health maintenance organization that provides coverage for accident and health services and that is delivered, issued for delivery, amended or renewed in this state on or after July 1, 2025.
History: L. 2022, ch. 27, § 1; July 1.
The secretary of administration or the secretary's designee shall operate the state surplus property program. Except as otherwise provided by rules and regulations adopted by the secretary of administration, the individuals and entities within this state that are authorized to participate in the federal surplus property program pursuant to the federal property and administrative services act of 1949, and amendments thereto, shall be eligible to participate in the state surplus property program. State surplus property shall be stored in such places and in such manner as specified by rules and regulations of the secretary of administration.
History: L. 1985, ch. 265, § 1; L. 1986, ch. 327, § 5; L. 1991, ch. 269, § 1; L. 2004, ch. 121, § 4; July 1.
(a) Subject to such limitations as the secretary of administration may prescribe, the secretary of administration or the secretary's designee may dispose of surplus state property to individuals and entities eligible for participation in the federal surplus property program and to the general public by any of the following methods:
(1) Sale at fixed prices;
(2) sale at negotiated prices; or
(3) advertised public auction or advertised sealed bids.
(b) All surplus state property shall be sold or otherwise disposed of within one year after the date that the property becomes surplus. The secretary of administration may adopt rules and regulations to establish procedures for the timely disposal of state surplus property.
(c) Subject to such limitations as the secretary of administration may prescribe, state agencies that have been given local disposal authorization for specified surplus property identified by state surplus property personnel as having a current value of $500 or less may dispose of the property using any of the following methods:
(1) Sell such property to a junkyard, as defined by K.S.A. 68-2203, and amendments thereto;
(2) give such property to a not-for-profit organization that is exempt from federal income taxation pursuant to section 501(c)(3) of the federal internal revenue code of 1986; or
(3) give such property to individuals or entities eligible for participation in the federal surplus property program.
History: L. 1985, ch. 265, § 2; L. 1986, ch. 327, § 6; L. 1987, ch. 341, § 7; L. 1990, ch. 330, § 1; L. 1991, ch. 269, § 2; L. 1997, ch. 116, § 1; L. 2004, ch. 121, § 5; L. 2020, ch. 6, § 1; July 1.
(a) Subject to such limitations as the secretary of administration may prescribe, the secretary of administration or the secretary's designee is hereby authorized to do the following for the purposes of establishing and operating the state surplus property program:
(1) Enter into contracts with state, local and federal agencies and private individuals and entities eligible for participation in the federal surplus property program;
(2) receive gifts and grants;
(3) prescribe procedures state agencies must follow concerning the trade-in or other disposition of property;
(4) fix and assess fees and charges to recover all or part of the expenses incurred for transactions pertaining to the state surplus property program; and
(5) adopt such other policies and procedures which are deemed necessary for the proper administration of the state surplus property program and which are in accordance with this act.
(b) The secretary of administration may adopt rules and regulations for the purposes of establishing and administering the state surplus property program in accordance with this act.
History: L. 1985, ch. 265, § 3; L. 1986, ch. 327, § 7; L. 2004, ch. 121, § 6; July 1.
Subject to and in accordance with limitations and procedures prescribed by the director of accounts and reports therefor, each state agency disposing of surplus property by sale under the state surplus property act shall deposit the moneys received therefor, less fees and charges assessed by the secretary of administration, in the state treasury to the credit of the agency's conversion of materials and equipment fund or the appropriate fee or other special revenue fund of the state agency, in accordance with procedures established by the secretary.
History: L. 1985, ch. 265, § 4; L. 1986, ch. 327, § 8; L. 1987, ch. 341, § 8; L. 2004, ch. 121, § 7; July 1.
(a) All fees and charges assessed by the secretary of administration for transactions pertaining to the state surplus property program and other revenues received pursuant to such program 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 one or more funds available for that purpose, as designated by the secretary of administration.
(b) All expenditures from the [*] any of the funds designated by the secretary under subsection (a) shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports or interfund transfers issued pursuant to vouchers of the secretary of administration or a person or persons designated by the secretary of administration.
(c) On the effective date of this act, the director of accounts and reports is directed to transfer to one or more funds designated by the secretary of administration under subsection (a) any moneys in the correctional industries fund that represent proceeds from disposition of state surplus property. On the effective date of this act, all liabilities of the correctional industries fund that are related to the state surplus property program and that existed prior to the effective date of this act are hereby imposed on one or more funds designated by the secretary of administration under subsection (a).
History: L. 1985, ch. 265, § 5; L. 1986, ch. 327, § 9; L. 1992, ch. 94, § 1; L. 2001, ch. 5, § 409; L. 2004, ch. 121, § 8; July 1.
(a) Except as provided in subsection (b) and K.S.A. 75-6612 and 75-6613, and amendments thereto, all sales, trade-ins or other disposition of personal property owned by state agencies shall be made in accordance with the state surplus property act and rules and regulations authorized by such act.
(b) Subject to rules and regulations adopted pursuant to the state surplus property act or as otherwise directed by the governor, state agencies may transfer or loan personal property to other state agencies with or without charging a fee therefor. In accordance with procedures prescribed by the director of purchases, a state agency may trade in personal property in conjunction with a purchase by the state agency. The state agency shall give the secretary of administration or a designee of the secretary notice of the proposed trade-in. The secretary of administration or the secretary's designee may elect to provide for disposition of the property under the surplus property program in lieu of permitting the state agency to trade in the property.
(c) A state educational institution as defined in K.S.A. 76-711, and amendments thereto, shall not be required to sell, trade-in or dispose of personal property owned by such institution as required by the state surplus property act or any rules and regulations adopted pursuant thereto. A state educational institution shall sell, trade-in or dispose of such personal property in accordance with policies adopted by the state board of regents.
History: L. 1987, ch. 341, § 2; L. 2004, ch. 121, § 9; L. 2010, ch. 106, § 3; L. 2010, ch. 155, § 24; July 1.
K.S.A. 75-6601 through 75-6605 and K.S.A. 75-6606 and K.S.A. 74-2124, and amendments thereto, shall be known as the state surplus property act.
History: L. 1987, ch. 341, § 1; April 30.
(a) The department of administration is hereby designated as the central planning agency for the storage of all state surplus property. The secretary of administration shall survey each state agency annually to determine current and anticipated storage space requirements of the state agency. State agency property shall be stored in such places and in such manner as specified by rules and regulations of the secretary of administration. On and after the effective date of this act, no contract, lease or other document shall be entered into by a state agency to provide space for the storage of state agency property unless such contract, lease or other document has been approved by the secretary of administration.
(b) As used in this section, "state agency" has the meaning ascribed to such term under K.S.A. 75-3701, and amendments thereto.
History: L. 1991, ch. 269, § 3; L. 2004, ch. 121, § 10; July 1.
(a) When used in this section, "surplus real estate" means real estate that is no longer needed by the state agency that owns such real estate as determined in accordance with this section.
(b) (1) The secretary of administration shall develop criteria for the identification of surplus real estate, including, but not limited to, a review of any legal restrictions associated with the real estate and the reasons for the state agency to keep the real estate. In accordance with such criteria, the secretary shall assist state agencies in the identification of surplus real estate. The secretary of administration shall periodically review the status of all real estate of state agencies subject to this section to determine if any of the real estate owned by state agencies is potentially surplus real estate. If any real estate owned by a state agency is determined by the secretary of administration, in consultation with the head of the state agency, to be surplus real estate in accordance with the criteria developed under subsection (a), then the secretary of administration shall recommend to the governor that such real estate be sold under the procedures prescribed by this section.
(2) The secretary of administration shall develop guidelines for the sale of surplus real estate. In accordance with such guidelines and upon the approval of the governor, after consultation with the head of the state agency that owns such surplus real estate, after consultation with the joint committee on state building construction and after approval by the state finance council under subsection (c), the secretary may offer such property for sale by one of the following means: (A) Public auction; (B) by listing the surplus property with a licensed real estate broker or salesperson; or (C) by sealed bid. Subject to the approval of the state finance council as required by subsection (c), the secretary of administration may sell surplus real estate and any improvements thereon on behalf of the state agency that owns such property.
(c) Prior to the sale of any surplus real estate under subsection (b), the state finance council shall approve the sale, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed * K.S.A. 75-3711c(c), and amendments thereto. The matter may be submitted to the state finance council for approval at any time, including periods of time during which the legislature is in session.
(d) Prior to offering any real estate for sale, such property shall be appraised pursuant to K.S.A. 75-3043a, and amendments thereto, unless the appraisal is waived as provided in this subsection. The secretary of administration may waive the requirement for appraisal for any parcel of surplus real estate that is to be sold at public auction under this section if the secretary of administration determines that it is in the best interests of the state to waive the requirement for appraisal for such parcel of surplus real estate. The costs of any such appraisal may be paid from the proceeds of the sale.
(e) Conveyance of title in surplus real estate offered for sale by the secretary of administration shall be executed on behalf of the state agency by the secretary of administration. The deed for the conveyance may be by warranty deed or by quitclaim deed as determined to be in the best interests of the state by the secretary of administration in consultation with the head of the state agency that owns the surplus real estate.
(f) (1) Any proceeds from the sale of surplus real estate and any improvements thereon, after deduction of the expenses of such sale and any cost of appraisal of the surplus real estate, shall be deposited in the state treasury as prescribed by this subsection, unless otherwise authorized by law. On and after July 1, 2022, the proceeds from each such sale deposited in the state treasury shall be credited to the surplus real estate fund or another appropriate special revenue fund of the state agency that owned the surplus real estate, as is prescribed by law or as may be determined by the state agency, unless otherwise required by state or federal law or by the limitations or restrictions of the state's title to the real estate being sold. In the case of proceeds from the sale of surplus real estate at a state mental health institution or a state institution for people with intellectual disability, such portion of the proceeds shall be credited to the client benefit fund of such institution or to another special revenue fund of such institution for: (A) Rehabilitation and repair or other capital improvements for such institution; or (B) one-time expenditures for community mental health organizations if the real estate sold was at a state mental health institution or for community developmental disabilities organizations if the real estate sold was at a state institution for people with intellectual disability, and, in any such case, shall be expended in accordance with the provisions of appropriation acts.
(2) The amount of expenses and the cost of appraisal for each sale of surplus real estate pursuant to this section shall be transferred and credited to the property contingency fund created under K.S.A. 75-3652, and amendments thereto, and may be expended for any operations of the department of administration.
(3) Any state agency owning real estate may apply to the director of accounts and reports to establish a surplus real estate special revenue fund in the state treasury. Subject to the provisions of appropriation acts, moneys in a surplus real estate special revenue fund may be expended for the operating expenditures of the state agency.
(g) (1) Any sale of property by the secretary of transportation pursuant to K.S.A. 68-413, and amendments thereto, shall not be subject to the provisions of this section.
(2) The provisions of this section shall not be applicable to real estate given as an endowment, bequest or gift to a state educational institution as defined in K.S.A. 76-711, and amendments thereto, or to the university of Kansas medical center. The sale and conveyance of such real estate shall be subject to the provisions of K.S.A. 2025 Supp. 76-7,152, and amendments thereto.
(h) Sale of the Olathe travel information center shall not be subject to the provisions of this section.
History: L. 2000, ch. 149, § 1; L. 2001, ch. 153, § 4; L. 2002, ch. 200, § 5; L. 2011, ch. 97, § 45; L. 2012, ch. 165, § 3; L. 2013, ch. 133, § 33; L. 2022, ch. 24, § 2; July 1.
History: L. 2000, ch. 149, § 1; L. 2001, ch. 153, § 4; L. 2002, ch. 200, § 5; L. 2011, ch. 97, § 45; L. 2012, ch. 171, § 31; Repealed, L. 2013, ch. 133, § 37; July 1.
If a mental health institution or an institution for people with intellectual disability is closed and all or part of the real estate of such institution is sold, the proceeds from the sale of such real estate, after deduction of the costs of the sale and any costs of appraisal of such surplus real estate, shall be deposited in the state treasury to the credit of a new or existing special revenue fund. All expenditures of such moneys in any such special revenue fund shall be in accordance with the provisions of appropriation acts and shall be used (a) for capital improvement or operating expenditures for another state institution providing either mental health services or services for people with intellectual disability, whichever were provided by the closed institution or (b) to provide either mental health services or services for people with intellectual disability, whichever was provided by the closed institution, through community organizations in communities.
History: L. 2001, ch. 153, § 5; L. 2012, ch. 91, § 66; July 1.
Prior to the state of Kansas or any agency thereof disposing of any land, by deed, mortgage, gift or other means of conveyance, transfer or exchange, and prior to closing the transaction for such conveyance of such land, the agency head shall cause a survey to be conducted by a licensed land surveyor. Such survey shall establish the precise legal description of such land and shall be a condition precedent to the final closing on such conveyance.
History: L. 2006, ch. 150, § 7; April 27.
(a) Except as otherwise provided in this section, all sales, trade-ins or other disposition of personal property described in subsection (b) owned by the legislature shall be exempt from the provisions of the state surplus property act.
(b) The legislature is hereby authorized to sell computer equipment leased to the legislature, not to be returned to the lessor and that is scheduled for replacement for the fair market value of such computer equipment as fixed by the director of legislative administrative services after consultation with the legislative chief information technology officer and legislative director of computer services and subject to the following:
(1) The computer equipment must be in use by a member of the legislature or by legislative staff.
(2) Each such item that is not to be returned to the lessor shall be offered first and may be sold to the member of the legislature or legislative staff who is assigned to use such computer equipment, and who is hereby authorized to purchase such computer equipment.
(3) If any such member of the legislature or legislative staff declines the offer to purchase the computer equipment assigned to such person, then such computer equipment shall be offered and may be sold to a local public library for fair market value. The director of legislative administrative services shall establish and carry out a procedure whereby such libraries are notified of the authorization to purchase such computer equipment pursuant to this section. If any remaining computer equipment is not sold to such libraries, then such computer equipment shall be offered and may be sold to other members of the legislature or legislative staff, on a drawing basis, and who are hereby authorized to purchase such computer equipment.
(4) No more than one additional purchase shall be authorized for any such person by the director of legislative administrative services who is authorized to determine the order of priority for such purchase.
(c) All moneys received from the sale of such computer equipment 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 legislative special revenue fund.
(d) As used in this section:
(1) "Member of the legislature" means a member of the legislature who is a member of the house of representatives or the senate.
(2) "Local public library" means any library established pursuant to article 12 of chapter 12 of the Kansas Statutes Annotated, K.S.A. 72-1416 and 72-1419, and amendments thereto, and any library which is operating pursuant to an interlocal agreement between a city, county or township and a school district pursuant to K.S.A. 12-2901 et seq., and amendments thereto, or K.S.A. 72-13,100, and amendments thereto.
(e) Any property not disposed of in accordance with subsection (b), may be disposed of in the manner prescribed in the state surplus property act.
History: L. 2010, ch. 106, § 1; April 29.
(a) All sales, trade-ins or other disposition of personal property described in subsection (b) owned by a state law enforcement agency shall be exempt from the provisions of the state surplus property act.
(b) The agency head of any state law enforcement agency who employs persons who are authorized to carry firearms when discharging the duties of such person's employment is hereby authorized to sell the personal sidearm of such person to such person who is authorized to carry such firearm subject to the following:
(1) A retiring state law enforcement officer, as defined in K.S.A. 74-5602, and amendments thereto, or a state law enforcement officer who resigns from such state agency to accept employment with a local, state or federal law enforcement agency, is hereby authorized to purchase, upon such retirement or resignation, such employee's personal sidearm with a trigger lock;
(2) each sale of such personal sidearm shall be for the amount equal to the total of the fair market value of the sidearm, as fixed by the agency head, plus the cost of the trigger lock; and
(3) no sale of a personal sidearm shall be made to any resigning or retiring employee unless the agency head of such state agency from which such person is resigning or retiring determines that the employment record and performance evaluations of each such employee are satisfactory.
(c) All moneys received from the sale of personal sidearms and trigger locks to such resigning or retiring state employee 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 appropriate special revenue fund of such state agency.
History: L. 2010, ch. 106, § 2; April 29.
(a) On or before each December 4 and on or before each April 20, the director of the budget and the director of the legislative research department shall prepare a joint estimate of revenue to the state general fund for the current fiscal year and the ensuing fiscal year.
(b) If prior to final adjournment of any regular session of the legislature any law is enacted providing for additional or less revenues to be deposited in the state treasury to the credit of the state general fund, the director of the budget and the director of the legislative research department shall prepare a joint estimate of such revenues.
(c) In the event of a disagreement or failure to agree upon a joint estimate of revenue pursuant to subsection (a) or (b), the legislature shall utilize the estimates of the director of the legislative research department and the governor shall utilize the estimates of the director of the budget.
History: L. 1990, ch. 350, § 1; L. 2003, ch. 19, § 1; L. 2004, ch. 5, § 1; March 25.
(a) The last appropriation bill passed in any regular session of the legislature shall be the omnibus reconciliation spending limit bill. Each bill that is passed during a regular session of the legislature and that appropriates or transfers money from the state general fund for the ensuing fiscal year shall contain a provision that such bill shall take effect and be in force from and after the effective date of the omnibus reconciliation spending limit bill for that regular session of the legislature or from and after such effective date and a subsequent date or an event occurring after such effective date.
(b) Except as provided in subsection (c), the maximum amount of expenditures and demand transfers from the state general fund that may be authorized by act of the legislature during the 2004 regular session of the legislature and each regular session of the legislature thereafter, is hereby fixed so that there will be an ending balance in the state general fund for the ensuing fiscal year that is equal to 7.5% or more of the total amount authorized to be expended or transferred by demand transfer from the state general fund in such fiscal year.
(c) The provisions of subsection (b) are hereby suspended for the fiscal year ending June 30, 2021, and the fiscal year ending June 30, 2022, and shall not prescribe a maximum amount of expenditures and demand transfers from the state general fund that may be authorized by act of the legislature during the 2021 or 2022 regular session of the legislature.
History: L. 1990, ch. 350, § 2; L. 1994, ch. 13, § 3; L. 2003, ch. 160, § 88; L. 2004, ch. 123, § 178; L. 2005, ch. 174, § 180; L. 2006, ch. 216, § 75; L. 2007, ch. 201, § 67; L. 2008, ch. 131, § 167; L. 2009, ch. 124, § 138; L. 2010, ch. 165, § 146; L. 2011, ch. 118, § 181; L. 2013, ch. 136, § 270; L. 2015, ch. 104, § 240; L. 2017, ch. 104, § 235; L. 2019, ch. 68, § 173; L. 2021, ch. 98, § 180; May 17.
History: L. 1990, ch. 350, § 3; Repealed, L. 1994, ch. 13, § 5; March 17.
(a) The director of the budget shall continuously monitor the status of the state general fund with regard to estimated and actual revenues and approved and actual expenditures and demand transfers. Periodically, the director of the budget shall estimate the amount of the unencumbered ending balance of moneys in the state general fund for the current fiscal year and the total amount of anticipated expenditures, demand transfers and encumbrances of moneys in the state general fund for the current fiscal year. If the amount of such unencumbered ending balance in the state general fund is less than $100,000,000, the director of the budget shall certify to the governor the difference between $100,000,000 and the amount of such unencumbered ending balance in the state general fund, after adjusting the estimates of the amounts of such demand transfers with regard to new estimates of revenues to the state general fund, where appropriate. When estimating the amount of the unencumbered ending balance of moneys in the state general fund for the purposes of such certification, the director of the budget shall not take into consideration the balance in the budget stabilization fund.
(b) Upon receipt of any such certification and subject to approval of the state finance council acting on this matter which is hereby declared to be a matter of legislative delegation and subject to the guidelines prescribed by K.S.A. 75-3711c(c), and amendments thereto, the governor may issue an executive order reducing, by applying a percentage reduction determined by the governor in accordance with this section: (1) The amount authorized to be expended from each appropriation from the state general fund for the current fiscal year, other than any item of appropriation for debt service for payments pursuant to contractual bond obligations or any item of appropriation for employer contributions for the employers who are eligible employers as specified in K.S.A. 74-4931(1), (2) and (3), and amendments thereto, under the Kansas public employees retirement system pursuant to K.S.A. 74-4939, and amendments thereto, or for payments made from the evidence-based programs appropriation of the state general fund for the development and implementation of evidence-based community programs and practices for juvenile offender [offenders] and their families; and (2) the amount of each demand transfer from the state general fund for the current fiscal year, other than any demand transfer to the school district capital improvements fund for distribution to school districts pursuant to K.S.A. 75-2319, and amendments thereto.
(c) The reduction imposed by an executive order issued under this section shall be determined by the governor and may be equal to or less than the amount certified under subsection (a). Except as otherwise specifically provided by this section, the percentage reduction applied under subsection (b) shall be the same for each item of appropriation and each demand transfer and shall be imposed equally on all such items of appropriation and demand transfers without exception. No such percentage reduction and no provisions of any such executive order under this section shall apply or be construed to reduce any item of appropriation for debt service for payments pursuant to contractual bond obligations or any item of appropriation for employer contributions for the employers who are eligible employers as specified in K.S.A. 74-4931(1), (2) and (3), and amendments thereto, under the Kansas public employees retirement system pursuant to K.S.A. 74-4939, and amendments thereto, or any demand transfer to the school district capital improvements fund for distribution to school districts pursuant to K.S.A. 75-2319, and amendments thereto. The provisions of such executive order shall be effective for all state agencies of the executive, legislative and judicial branches of state government.
(d) If the governor issues an executive order under this section, the director of accounts and reports shall not issue any warrant for the payment of moneys in the state general fund or make any demand transfer of moneys in the state general fund for any state agency unless such warrant or demand transfer is in accordance with such executive order and such warrant or demand transfer does not exceed the amount of money permitted to be expended or transferred from the state general fund.
(e) Nothing in this section shall be construed to: (1) Require the governor to issue an executive order under this section upon receipt of any such certification by the director of the budget; or (2) restrict the number of times that the director of the budget may make a certification under this section or that the governor may issue an executive order under this section.
History: L. 1990, ch. 350, § 5; L. 1992, ch. 284, § 2; L. 1994, ch. 13, § 4; L. 2016, ch. 46, § 62; L. 2016, ch. 106, § 5; L. 2017, ch. 90, § 16; July 1.
(a) No portion of any money appropriated by the state legislature shall be used, other than for normal and recognized executive and legislative relationships, for:
(1) Publicity or propaganda purposes relating to gun control; or
(2) preparation, distribution or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television or video presentation designed to support or defeat:
(A) The enactment of legislation before the federal government, state legislature or a local government legislative body relating to gun control; or
(B) any proposed or pending regulation, administrative action or order issued by the federal government, any state agency or local government relating to gun control.
(b) No portion of any appropriation shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting on behalf of such recipient, related to any activity designed to influence the enactment of legislation, an appropriation, a regulation, an administrative action, or an executive order proposed or pending before the federal government, Kansas legislature or local government legislative body relating to gun control.
(c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future:
(1) Federal, state or local tax increase relating to gun control; or
(2) requirement or restriction on any legal consumer product, including its sale or marketing, relating to gun control.
History: L. 2013, ch. 128, § 1; July 1.
(a) On July 1, 2017, the budget stabilization fund is hereby established in the state treasury.
(b) On or before the 10th day of each month commencing July 1, 2017, the director of accounts and reports shall transfer from the state general fund to the budget stabilization fund interest earnings based on:
(1) The average daily balance of moneys in the budget stabilization fund, for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(c) On and after July 1, 2017, no moneys in the budget stabilization fund shall be expended pursuant to this subsection unless the expenditure 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 K.S.A. 75-3711(c), and amendments thereto.
(d) (1) The legislative budget committee shall study and review the policy concerning the balance of, transfers to and expenditures from the budget stabilization fund. The legislative budget committee study and review shall include, but not be limited to, the following:
(A) Risk-based budget stabilization fund practices utilized in other states.
(B) The appropriate number of years to review the state general fund:
(i) Revenue variances from projections; and
(ii) expenditure variances from budgets.
(C) The entity to certify the amount necessary in the budget stabilization fund to maintain the appropriate risk-based balance.
(D) Plan to fund the budget stabilization fund.
(E) Process and circumstances to reach the appropriate risk-based balance, including the amount of risk that is acceptable.
(F) Circumstances under which expenditures may be made from the fund.
(2) The legislative budget committee may make recommendations and introduce legislation as it deems necessary to implement such recommendations.
(e) On July 1, 2021, the director of accounts and reports shall transfer all moneys in the budget stabilization fund to the state general fund.
History: L. 2016, ch. 106, § 2; L. 2017, ch. 54, § 47; L. 2018, ch. 109, § 126; L. 2021, ch. 98, § 181; May 17.
(a) For the fiscal years ending June 30, 2023, June 30, 2024, and June 30, 2025, the director of the budget, in consultation with the director of legislative research, shall certify, at the end of each such fiscal year, the amount of actual tax receipt revenues to the state general fund that is in excess of, or is less than, the amount of estimated tax receipt revenues to the state general fund pursuant to the most recent joint estimate of revenue under K.S.A. 75-6701, and amendments thereto, for such fiscal year, and shall transmit such certification to the director of accounts and reports.
(b) (1) Except as provided in paragraph (2), upon receipt of such certification, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer 50% of such certified excess amount from the state general fund for the fiscal years ending June 30, 2023, and June 30, 2025, to the budget stabilization fund established by K.S.A. 75-6706, and amendments thereto.
(2) During the fiscal years ending June 30, 2023, and June 30, 2025, if the balance of the budget stabilization fund is 20% or greater of the amount of actual tax receipt revenues to the state general fund at the end of each such fiscal year, no transfers from the state general fund to the budget stabilization fund shall be made pursuant to this subsection. No transfer from the state general fund to the budget stabilization fund shall be made in fiscal year 2025 based on a certification for fiscal year 2024.
(c) If the amount of actual tax receipt revenues to the state general fund is less than the amount of estimated tax receipt revenues to the state general fund, then no transfers shall be made pursuant to this section.
History: L. 2018, ch. 109, § 116; L. 2019, ch. 68, § 174; L. 2020, ch. 5, § 164; L. 2021, ch. 98, § 182; L. 2022, ch. 81, § 182; L. 2023, ch. 82, § 179; L. 2023, ch. 97, § 68; L. 2024, ch. 88, § 186; May 9.
(a) Except as provided further, if the legislature does not amend, lapse or eliminate any existing appropriation in the current fiscal year on or before July 1 of any year, on July 1, such existing appropriations provided for the previous fiscal year shall be in effect in the new fiscal year and all subsequent fiscal years until amended, lapsed or eliminated by the legislature. If the biennial budget for state agencies listed in K.S.A. 75-3717(f), and amendments thereto, has not been enacted on or before June 30 of any year, the department of administration may, for accounting purposes, adjust its appropriation account structure, beginning on July 1 of such year, to reflect the appropriation account structure in the biennial state agencies budget.
(b) All appropriations to any state agency, expenditures from which, by law, may be made only with the approval of the governor, state finance council, secretary of administration or other entity, shall be construed to be conditional appropriations, which shall become available only as contemplated expenditures therefrom are approved by the governor, state finance council, secretary of administration or other entity as required by law.
(c) Whenever a continuing appropriation from any account or fund has accomplished its purpose or is no longer deemed necessary for such purpose, the secretary of administration is authorized to lapse such appropriation balance or decrease the expenditure limitation, in whole or in part, to the account or fund from which it was appropriated upon consultation with the head of the state agency concerned. Prior to taking any action under this subsection, the secretary of administration shall consult with the director of the budget and the director of legislative research. The provisions of this subsection shall not apply to any continuing appropriation of the legislative branch or the judicial branch.
(d) All continuing appropriations are subject to the specific provision that, when and if the federal government funding of any portion of a program is reduced or terminated, state participation in the program may be reduced by the secretary of administration, in the same proportion as such federal reduction, and such state reduction shall be implemented by the responsible state agency. Prior to taking any action under this subsection, the secretary of administration shall consult with the director of the budget and the director of legislative research. Notwithstanding any other provision of law, local units of government are hereby authorized to make similar proportional reductions in such local unit's support of such programs.
(e) If any continuing appropriation that is made to match or secure federal funds is in excess of the amount required to match or secure federal funds, the state agency that is responsible for the administration of such funds shall promptly notify the director of the budget, who shall promptly notify the governor and the state finance council. Such funds shall not be expended unless first approved by the state finance council. Such state finance council action on this matter 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 authorization also may be given while the legislature is in session.
(f) (1) Except as provided in paragraph (2), all continuing appropriations, accounts and special revenue fund balances within the state general fund or any special revenue fund may be made temporarily available for the purpose of allowing encumbrances or financing expenditures of other state general fund or any special revenue fund activities whenever there are insufficient moneys in the funds or accounts from which the activities are financed if there are accounts receivable balances or moneys anticipated to be received that will be sufficient to repay the fund or account from which moneys are transferred. The secretary of administration, in consultation with the appropriate state agency head, director of the budget and director of legislative research, shall determine the composition and allowability of the accounts receivable balances and anticipated moneys to be received for this purpose and, following approval by the state finance council, shall specifically approve the use of surplus moneys from the state general fund or any special revenue fund. Such funds shall not be expended unless first approved by the state finance council. Such state finance council action on this matter 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 authorization also may be given while the legislature is in session. The secretary of administration shall reallocate available moneys from the budget stabilization fund, established in K.S.A. 75-6706, and amendments thereto, prior to reallocating moneys from any other account or fund.
(2) (A) The secretary of administration shall limit the total amount of any temporary reallocations to an account or fund other than the state general fund to $400,000,000.
(B) The secretary of administration shall limit the total amount of any temporary reallocations to the state general fund at any one time during a fiscal year to an amount equal to 9% of the total amount authorized to be expended or transferred by demand transfer from the state general fund, calculated by the secretary as of that time and for that fiscal year.
(C) In addition to the amount permitted for temporary reallocations in subparagraph (B), the secretary may permit an additional 3% of the total amount authorized to be expended or transferred by demand transfer from the state general fund, calculated by the secretary as of that time and for that fiscal year, to be used for temporary reallocations to the state general fund but only if the reallocation is for a period not to exceed 30 days. Reallocations may not be made under this subparagraph for consecutive periods.
(D) This paragraph does not apply to reallocations from the budget stabilization fund to the state general fund.
(E) Prior to taking any action under this paragraph, the secretary of administration shall consult with the director of the budget and the director of legislative research.
(3) If a continuing appropriation to an account within the state general fund or a special revenue fund is transferred from an account or fund that by law is an interest-bearing account or fund, then on or before the 10th day of each month during any fiscal year of such continuing appropriation, the director of accounts and reports shall transfer from the state general fund to such interest-bearing account or fund interest earnings based on: (A) The average daily balance of such interest-bearing account or fund for the preceding month; and (B) the net earnings rate for the pooled money investment portfolio for the preceding month.
(4) The secretary of administration shall not exercise the authority granted in this subsection if a temporary reallocation would jeopardize the cash flow of any fund or account from which a temporary reallocation would be made.
(5) If the secretary of administration exercises or proposes to exercise the authority granted in this subsection, the secretary shall publish and transmit a report to the members of the house committee on appropriations and the senate committee on ways and means on a monthly basis specifying the date, amount, source and use of any outstanding temporary reallocation or proposed reallocation of moneys for the period covered by the report.
(g) As used in this section, "continuing appropriation" means the appropriation provided for in the previous fiscal year.
(h) If any provision or clause of this section or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to the end the provisions of this section are declared to be severable.
History: L. 2025, ch. 114, § 1; May 1.
History: L. 1993, ch. 227, § 52; L. 1994, ch. 293, § 29; L. 1997, ch. 156, § 93; L. 1998, ch. 126, § 2; Repealed, L. 2000, ch. 112, § 11; April 27.
(a) The provisions of this act shall govern all contracts entered into by agencies of the state of Kansas and all political and taxing subdivisions of this state for the construction, reconstruction, alteration, repair, dismantling or demolition of buildings, streets, roads, highways, bridges, water and sewer and gas mains, plants and facilities, airports, dams and levies and every other type of structure or improvement.
(b) For the purposes of this act "awarding authority" shall mean the agency of the state or the political or taxing subdivision requesting bids and awarding contracts governed by this act.
History: L. 1995, ch. 69, § 1; July 1.
Any bidder submitting bids upon any contract governed by this act may correct any mistakes in its bid before the time and date set by the awarding authority for bid opening by withdrawing or correcting its bid.
History: L. 1995, ch. 69, § 2; July 1.
A bid mistake based upon an error in judgment may not be withdrawn after the time and date set by the awarding authority for bid opening.
History: L. 1995, ch. 69, § 3; July 1.
In cases where a representative of the awarding authority has reason to believe that nonjudgmental mistakes have been made, the representative of the awarding authority may request from the bidder a verification of the bid calling attention to the suspected nonjudgmental mistake. A bidder may either verify the bid as submitted or withdraw it if a request for verification has been made. If the bidder does not respond within two business days after the bidder receives a request for verification it shall be considered verified. Once a bid has been verified it shall be considered submitted as verified.
History: L. 1995, ch. 69, § 4; July 1.
The bidder must notify the awarding authority within two business days after the bids have been opened that there is a nonjudgmental mistake in its bid. The awarding authority shall permit a bidder to withdraw its bid without penalty or forfeiture of bid security if:
(a) A nonjudgmental mistake is evident on the face of the bid; or
(b) the bidder establishes by clear and convincing evidence that a nonjudgmental mistake was made.
History: L. 1995, ch. 69, § 5; July 1.
If a bidder withdraws a bid, as authorized in K.S.A. 75-6905, the awarding authority may require that such bidder shall not be allowed to perform any work on the project through subcontract agreements or by any other means including rebids.
History: L. 1995, ch. 69, § 6; July 1.
Whenever it appears that an awarding authority is attempting to enforce any contract based upon a bid in which a mistake has been made contrary to the provisions of this act, an action may be brought in the district court of the county in which the contract was awarded to enjoin such enforcement and, upon a proper showing, a permanent or temporary injunction, restraining order or other equitable relief shall be granted in an action brought by the bidder, the attorney general or any county or district attorney.
History: L. 1995, ch. 69, § 7; July 1.
K.S.A. 75-6901 to 75-6907, inclusive, shall not apply to the Kansas turnpike authority.
History: L. 1995, ch. 69, § 8; July 1.
Notwithstanding any other statutory provision of this state, in any contract entered into by the state of Kansas or any department or agency of the state, or any county, city, school district or any other political subdivision of the state, for the construction, reconstruction, renovation, remodeling or repair of any building or structure or for the construction, reconstruction, repair or maintenance of any highway, road, bridge, underpass, viaduct, sewer or waterworks, or other improvements to public property, the contracting public entity may include a provision for retaining moneys until such time as the contract has been satisfactorily completed, subject to the following:
(a) With respect to any contract to which this act applies of $1,000,000 or more, at any time before the public contracting entity releases the contract funds it has retained, the public entity may approve a request from the contractor that the retained funds be placed in an interest bearing escrow account. It shall be the responsibility of the contractor to establish the escrow account in a state or national bank, federally chartered savings and loan association, or federally chartered savings bank with offices located in Kansas. All fees or charges for establishing and maintaining the escrow account shall be paid by the contractor. Prior to paying any retained funds into the escrow account the public contracting entity shall enter into an appropriate escrow agreement with the bank, savings and loan association or savings bank and the contractor. The escrow agreement shall provide that the retained funds shall be returned to the contracting public entity in the event the contracting public entity notifies the bank, savings and loan association or savings bank that the contractor has defaulted on the contract, that the retained funds shall not be released to the contractor until authorized by the contracting public entity and that the interest on the retained funds shall be paid to the contractor as it accumulates.
(b) With respect to any contract to which this act applies of $1,000,000 or more, at any time after the contracting public entity has retained any contract funds the contractor may request and upon approval by the public contracting entity of such request the contractor may substitute securities of the following types for the retained contract funds:
(1) United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness or United States treasury bills;
(2) bonds or notes of the state of Kansas or any political subdivision of the state; or
(3) certificates of deposit from any state or national bank, federally chartered savings and loan association, or federally chartered savings bank, with offices located in Kansas.
The value of the securities substituted must be at least equal to the amount of the funds retained. The substituted securities shall be issued in such a manner as to allow the contracting public entity to convert the securities to cash in the event the contracting public entity makes a claim against the contractor as a result of the contractor's default on the contract. Upon substitution of appropriate securities the contracting public entity shall pay the retained funds to the contractor within five working days. When the contract is satisfactorily completed the substituted securities will be returned to the contractor with any interest that has accumulated. In the event that the contracting public entity makes a claim against the retained securities the entity shall retain only such substituted securities of a sufficient value to cover the amount of the claim and return the remaining substituted securities to the contractor plus any accumulated interest. Substituted securities retained to cover the amount of the claim made by the contracting public entity may be converted to cash by the entity. All costs associated with substituting securities as provided in this subsection shall be paid by the contractor. The contracting public entity may require the contractor to establish and maintain an escrow account with an escrow agent approved by the contracting public entity for the purpose of effectuating the substitution of securities provided for in this subsection.
History: L. 1998, ch. 159, § 2; July 1.
On January 1, 1997, the governor shall appoint a commissioner of juvenile justice. The commissioner may appoint staff assistants and employees as are necessary to enable the commissioner to carry out the transfer of powers, duties and functions of the department of social and rehabilitation services and the secretary of social and rehabilitation services concerning juvenile offenders to the juvenile justice authority and the commissioner of juvenile justice. On and after July 1, 1997, the commissioner of juvenile justice shall be responsible for the care, custody and control of juvenile offenders and shall be in charge of the juvenile justice authority. The juvenile justice authority shall:
(a) Control and manage the operation of the state juvenile correctional facilities;
(b) evaluate the rehabilitation of juveniles committed to the authority and prepare and submit periodic reports to the committing court for the purposes of:
(1) Evaluating the effectiveness of institutional treatment;
(2) making recommendations for release where appropriate, and recommending terms and conditions for release; and
(3) reviewing the placement of children and recommending alternative placements such as supervised release into the community, out-of-home placement, or community services work where appropriate with the approval of the court.
(c) consult with the schools and courts of this state on the development of programs for the reduction and prevention of delinquency and the treatment of juvenile offenders;
(d) cooperate with other agencies whose services deal with the care and treatment of juvenile offenders to the end that juvenile offenders may wherever possible be assisted to a successful adjustment outside of institutional care;
(e) advise local, state and federal officials, public and private agencies, and lay groups on the needs for and possible methods of the reduction and prevention of delinquency, and the treatment of juvenile offenders;
(f) assemble and distribute information relating to delinquency and report on studies relating to community conditions which affect the problem of delinquency;
(g) assist any community within the state by conducting a comprehensive survey of the community's available public and private resources, and recommend methods of establishing a community program for combating juvenile delinquency and crime, but no such survey shall be conducted unless local individuals and groups request it through their local authorities, and no such request shall be interpreted as binding the community to following the recommendations made as a result of the request; and
(h) be responsible for directing state moneys to providers in local communities of alternative placements such as supervised release into the community, out-of-home placement, community services work or other community-based service; provide assistance to such providers; and evaluate and monitor the performance of such providers relating to the provision of services.
History: L. 1995, ch. 259, § 4; L. 1996, ch. 229, § 132; July 1.
On and after July 1, 1997:
(a) Except as otherwise provided by this act, all of the powers, duties and functions of the department of social and rehabilitation services and the secretary of the department of social and rehabilitation services concerning juvenile offenders are hereby transferred to and conferred and imposed upon the juvenile justice authority and the commissioner of juvenile justice established by this act.
(b) Except as otherwise provided by this act, the juvenile justice authority and the commissioner of juvenile justice established by this act shall be the successor in every way to the powers, duties and functions of the department of social and rehabilitation services and the secretary of the department of social and rehabilitation services concerning juvenile offenders in which the same were vested prior to the effective date of this section. Every act performed in the exercise of such powers, duties and functions by or under the authority of the juvenile justice authority or the commissioner of juvenile justice concerning juvenile offenders established by this act shall be deemed to have the same force and effect as if performed by the department of social and rehabilitation services or the secretary of the department of social and rehabilitation services, respectively, in which such powers, duties and functions were vested prior to the effective date of this section.
(c) Except as otherwise provided by this act, whenever the department of social and rehabilitation services, or words of like effect concerning juvenile offenders, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the juvenile justice authority established by this act.
(d) Except as otherwise provided by this act, whenever the secretary of the department of social and rehabilitation services, or words of like effect concerning juvenile offenders, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the commissioner of juvenile justice established by this act.
(e) All rules and regulations of the department of social and rehabilitation services or the secretary of the department of social and rehabilitation services concerning juvenile offenders in existence on the effective date of this section shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the commissioner of juvenile justice established by this act until revised, amended, revoked or nullified pursuant to law.
(f) All orders and directives of the department of social and rehabilitation services or the secretary of the department of social and rehabilitation services concerning juvenile offenders in existence on the effective date of this section shall continue to be effective and shall be deemed to be orders and directives of the juvenile justice authority established by this act until revised, amended or nullified pursuant to law.
(g) On the effective date of this section, the juvenile justice authority established by this act shall succeed to whatever right, title or interest the department of social and rehabilitation services has acquired in any real property in this state concerning juvenile offenders, and the authority shall hold the same for and in the name of the state of Kansas. On and after the effective date of this section, whenever any statute, contract, deed or other document concerns the power or authority of the department of social and rehabilitation services or the secretary of the department of social and rehabilitation services concerning juvenile offenders to acquire, hold or dispose of real property or any interest therein, the juvenile justice authority as established by this act shall succeed to such power or authority.
(h) The juvenile justice authority and the commissioner of juvenile justice established by this act shall be continuations of the department of social and rehabilitation services and the secretary of the department of social and rehabilitation services concerning juvenile offenders.
History: L. 1995, ch. 259, § 5; L. 1996, ch. 54, § 1; July 1.
Except as otherwise provided in this act, on July 1, 1997, officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the department of social and rehabilitation services concerning juvenile offenders which are transferred by this act, or who become a part of the juvenile justice authority, or the powers, duties and functions of which are transferred to the juvenile justice authority, and who, in the opinion of the commissioner of juvenile justice, are necessary to perform the powers, duties and functions of the juvenile justice authority, shall be transferred to, and shall become officers and employees of the juvenile justice authority established under this act. 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 section. 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. 259, § 6; May 25.
On and after July 1, 1997:
(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 juvenile justice authority 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 juvenile justice authority. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer or attachment 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. 259, § 7; May 25.
On and after July 1, 1997:
(a) The juvenile justice authority 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 social and rehabilitation services concerning juvenile offenders and any agency or office 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. 259, § 8; May 25.
(a) On and after July 1, 1997, the balance of all funds appropriated and reappropriated to the department of social and rehabilitation services concerning juvenile offenders is hereby transferred to the juvenile justice authority and shall be used only for the purpose for which the appropriation was originally made.
(b) On and after July 1, 1997, 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 department of social and rehabilitation services concerning juveniles, or who become a part of the juvenile justice authority established by this act, or the powers, duties and functions of which are transferred to the juvenile justice authority provided for by this act, shall be assumed and paid by the juvenile justice authority established by this act.
History: L. 1995, ch. 259, § 9; May 25.
(a) There is hereby established the Kansas advisory group on juvenile justice and delinquency prevention, for the purposes of the federal juvenile justice and delinquency prevention act of 1974, as amended.
(b) The membership of the Kansas advisory group on juvenile justice and delinquency prevention shall be composed of members appointed by the governor. The governor shall appoint at least 20 but not more than 33 members to the advisory group. The members shall serve at the pleasure of the governor. One-third of the members shall be appointed to four-year terms; one-third of the members shall be appointed to three-year terms; and one-third of the members shall be appointed to two-year terms. Thereafter, all members shall serve four-year terms.
(c) The chairperson and vice-chairperson of the advisory group shall be appointed by the governor.
(d) Each member of the advisory group shall receive compensation, subsistence allowances, mileage and other expenses as provided for in K.S.A. 75-3223, and amendments thereto.
(e) The advisory group shall participate in the development and review of the juvenile justice plan, review and comment on all juvenile justice and delinquency prevention grant applications, and shall make recommendations regarding the grant applications.
(f) The advisory group shall receive reports from local citizen review boards established pursuant to K.S.A. 38-1812, and amendments thereto, regarding the status of juvenile offenders under the supervision of the district courts.
(g) The advisory group shall examine the effectiveness of juvenile justice programs in reducing racial, geographic and other biases that may exist in the juvenile justice system, and report to the commissioner of juvenile justice annually on which programs are effective in reducing such biases in areas such as prevention, alternatives to detention, intake and assessment procedures and alternatives to incarceration.
History: L. 1995, ch. 259, § 10; L. 1997, ch. 156, § 94; L. 1999, ch. 156, § 22; L. 2006, ch. 163, § 1; July 1.
History: L. 1995, ch. 259, §§ 1, 2; L. 1996, ch. 229, §§ 134, 135; L. 1997, ch. 156, §§ 95, 96; Repealed, L. 1999, ch. 156, § 29; May 27.
History: L. 1995, ch. 259, § 3; Repealed, L. 1997, ch. 156, § 115; July 1.
If any provision of this act or the application thereof to any person or circumstance 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. 1995, ch. 259, § 11; May 25.
(a) The Kansas youth authority established by K.S.A. 75-7008 prior to amendment by this act hereby is abolished.
(b) All of the powers, duties and functions of the Kansas youth authority are hereby transferred to and conferred and imposed upon the Kansas advisory group on juvenile justice and delinquency prevention.
(c) The Kansas advisory group on juvenile justice and delinquency prevention shall be the successor in every way to the powers, duties and functions of the Kansas youth authority 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 advisory group on juvenile justice and delinquency prevention shall be deemed to have the same force and effect as if performed by the Kansas youth authority in which such powers, duties and functions were vested prior to the effective date of this act.
(d) Whenever the Kansas youth authority is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the Kansas advisory group on juvenile justice and delinquency prevention.
(e) All of the records, memoranda, writings and property of the Kansas youth authority shall be and hereby are transferred to the Kansas advisory group on juvenile justice and delinquency prevention and such advisory group shall have legal custody of the same.
History: L. 1999, ch. 156, § 1; May 27.
(a) There is hereby created in the state treasury the Kansas juvenile delinquency prevention trust fund. Money credited to the Kansas juvenile delinquency prevention trust fund shall be used solely for the purpose of making grants to further the purpose of juvenile justice reform, including rational prevention programs and programs for treatment and rehabilitation of juveniles and to further the partnership between state and local communities. Such treatment and rehabilitation programs should aim to combine accountability and sanctions with increasingly intensive treatment and rehabilitation services with an aim to provide greater public safety and provide intervention that will be uniform and consistent.
(b) All expenditures from the Kansas juvenile delinquency prevention trust 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 corrections or by a person or persons designated by the secretary.
(c) The secretary of corrections may apply for, receive and accept money from any source for the purposes for which money in the Kansas juvenile delinquency prevention trust fund may be expended. Upon receipt of any such money, the secretary 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 Kansas juvenile delinquency prevention trust fund.
(d) Grants made to programs pursuant to this section shall be based on the number of persons to be served and such other requirements as may be established by the Kansas advisory group on juvenile justice and delinquency prevention in guidelines established and promulgated to regulate grants made under authority of this section. The guidelines may include requirements for grant applications, organizational characteristics, reporting and auditing criteria and such other standards for eligibility and accountability as are deemed advisable by the Kansas advisory group on juvenile justice and delinquency prevention.
(e) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas juvenile delinquency prevention trust fund interest earnings based on:
(1) The average daily balance of moneys in the Kansas juvenile delinquency prevention trust fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(f) On and after the effective date of this act, the Kansas endowment for youth trust fund created by this section prior to amendment by this act is hereby redesignated as the Kansas juvenile delinquency prevention trust fund. On and after the effective date of this act, whenever the Kansas endowment for youth trust fund created by this section prior to amendment by this act, 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 Kansas juvenile delinquency prevention trust fund.
History: L. 1996, ch. 234, § 18; L. 1997, ch. 156, § 97; L. 1999, ch. 156, § 23; L. 2000, ch. 159, § 13; L. 2001, ch. 5, § 410; Revived and amended, L. 2016, ch. 78, § 9; July 1.
History: L. 1996, ch. 234, § 18; L. 1997, ch. 156, § 97; L. 1999, ch. 172, § 9; Repealed, L. 2000, ch. 159, § 14; July 1.
This act shall be known and may be cited as the juvenile justice reform act of 1996.
History: L. 1996, ch. 229, § 1; July 1.
(a) The secretary for children and families may contract with the secretary of corrections to provide for the juvenile intake and assessment system and programs for children in need of care. Except as provided further, the secretary of corrections shall promulgate rules and regulations for the juvenile intake and assessment system and programs concerning juvenile offenders. If the secretary contracts with the office of judicial administration to administer the juvenile intake and assessment system and programs concerning juvenile offenders, the supreme court administrative orders shall be in force until such contract ends and the rules and regulations concerning juvenile intake and assessment system and programs concerning juvenile offenders have been adopted.
(b) Except as otherwise provided in this subsection, records, reports and information obtained as a part of the juvenile intake and assessment process shall not be admitted into evidence in any proceeding and shall not be used in a child in need of care proceeding or a juvenile offender proceeding.
(1) Such records, reports and information may be used in a child in need of care proceeding for diagnostic and referral purposes and by the court in considering dispositional alternatives. If the records, reports or information are in regard to abuse or neglect, which is required to be reported under K.S.A. 38-2223, and amendments thereto, such records, reports or information may then be used for any purpose in a child in need of care proceeding pursuant to the revised Kansas code for care of children.
(2) Such records, reports and information may be used in a juvenile offender proceeding only if such records, reports and information are in regard to the possible trafficking of a runaway. Such records, reports and information in regard to the possible trafficking of a runaway shall be made available to the appropriate county or district attorney and the court, and shall be used only for diagnostic and referral purposes.
(c) Upon a juvenile being taken into custody pursuant to K.S.A. 38-2330, and amendments thereto, a juvenile intake and assessment worker shall complete the intake and assessment process, making release and referral determinations as required by supreme court administrative order or district court rule, or except as provided above [in] rules and regulations established by the secretary of corrections.
(d) Except as provided in subsection (g) and in addition to any other information required by the supreme court administrative order, the secretary for children and families, the secretary of corrections or by the district court of such district, the juvenile intake and assessment worker shall collect the following information either in person or over two-way audio or audio-visual communication:
(1) The results of a standardized detention risk assessment tool pursuant to K.S.A. 38-2302, and amendments thereto, if detention is being considered for the juvenile, such as the problem oriented screening instrument for teens;
(2) criminal history, including indications of criminal gang involvement;
(3) abuse history;
(4) substance abuse history;
(5) history of prior community services used or treatments provided;
(6) educational history;
(7) medical history;
(8) family history; and
(9) the results of other assessment instruments as approved by the secretary.
(e) After completion of the intake and assessment process for such child, the intake and assessment worker shall make both a release and a referral determination:
(1) Release the child to the custody of the child's parent, other legal guardian or another appropriate adult.
(2) Conditionally release the child to the child's parent, other legal guardian or another appropriate adult if the intake and assessment worker believes that if the conditions are met, it would be in the child's best interest to release the child to such child's parent, other legal guardian or another appropriate adult; and the intake and assessment worker has reason to believe that it might be harmful to the child to release the child to such child's parents, other legal guardian or another appropriate adult without imposing the conditions. The conditions may include, but not be limited to the alternatives listed in K.S.A. 38-2331(b), and amendments thereto, and the following:
(A) Participation of the child in counseling;
(B) participation of members of the child's family in counseling;
(C) participation by the child, members of the child's family and other relevant persons in mediation;
(D) provision of outpatient treatment for the child;
(E) referral of the child and the child's family to the secretary for children and families for services and the agreement of the child and family to accept and participate in the services offered;
(F) referral of the child and the child's family to available community resources or services and the agreement of the child and family to accept and participate in the services offered;
(G) requiring the child and members of the child's family to enter into a behavioral contract which may provide for regular school attendance among other requirements; or
(H) any special conditions necessary to protect the child from future abuse or neglect.
(3) Deliver the child to a shelter facility or a licensed attendant care center along with the law enforcement officer's written application for a maximum stay of up to 72 hours. The shelter facility or licensed attendant care facility shall then have custody as if the child had been directly delivered to the facility by the law enforcement officer pursuant to K.S.A. 38-2232, and amendments thereto.
(4) The intake and assessment worker shall also refer the juvenile's case to one of the following:
(A) An immediate intervention program pursuant to K.S.A. 38-2346(b), and amendments thereto;
(B) the county or district attorney for appropriate proceedings to be filed, with or without a recommendation that the juvenile be considered for alternative means of adjudication programs pursuant to K.S.A. 38-2389, and amendments thereto, or immediate intervention pursuant to K.S.A. 38-2346, and amendments thereto; or
(C) refer the child and family to the secretary for children and families for investigations in regard to the allegations.
(f) The secretary of corrections, in conjunction with the office of judicial administration, shall develop, implement and validate on the Kansas juvenile population, a statewide detention risk assessment tool.
(1) The assessment shall be conducted for each youth under consideration for detention and may only be conducted by a juvenile intake and assessment worker who has completed training to conduct the detention risk assessment tool.
(2) The secretary and the office of judicial administration shall establish cutoff scores determining eligibility for placement in a juvenile detention facility or for referral to a community-based alternative to detention and shall collect and report data regarding the use of the detention risk assessment tool.
(3) The detention risk assessment tool includes an override function that may be approved by the court for use under certain circumstances. If approved by the court, the juvenile intake and assessment worker or the court may override the detention risk assessment tool score in order to direct placement in a short-term shelter facility, a community-based alternative to detention or, subject to K.S.A. 38-2331, and amendments thereto, a juvenile detention facility. Such override must be documented, include a written explanation and receive approval from the director of the intake and assessment center or the court.
(4) If a juvenile meets one or more eligibility criteria for detention or referral to a community-based alternative to detention, the person with authority to detain shall maintain discretion to release the juvenile if other less restrictive measures would be adequate.
(g) Parents, guardians and juveniles may access the juvenile intake and assessment programs on a voluntary basis. The parent or guardian shall be responsible for the costs of any such program utilized.
(h) Every juvenile intake and assessment worker shall receive training in evidence-based practices, including, but not limited to:
(1) Risk and needs assessments;
(2) individualized diversions based on needs and strengths;
(3) graduated responses;
(4) family engagement;
(5) trauma-informed care;
(6) substance abuse;
(7) mental health; and
(8) special education.
History: L. 1996, ch. 229, § 7; L. 1997, ch. 156, § 98; L. 1999, ch. 156, § 24; L. 2006, ch. 169, § 128; L. 2007, ch. 195, § 43; L. 2014, ch. 115, § 403; L. 2016, ch. 102, § 21; L. 2016, ch. 46, § 63; L. 2016, ch. 102, § 22; January 1, 2017.
History: L. 1996, ch. 229, § 7; L. 1997, ch. 156, § 98; L. 1999, ch. 156, § 24; L. 2006, ch. 200, § 117; Repealed, L. 2007, ch. 195, § 59; July 1.
In addition to other powers and duties provided by law, in administering the provisions of the revised Kansas juvenile justice code, the commissioner of juvenile justice shall:
(a) Establish divisions which include the following functions in the juvenile justice authority:
(1) Operations. The commissioner shall operate the juvenile intake and assessment system as it relates to the juvenile offender; provide technical assistance and help facilitate community collaboration; license juvenile correctional facilities, programs and providers; assist in coordinating a statewide system of community based service providers; establish pilot projects for community based service providers; and operate the juvenile correctional facilities.
(2) Research and prevention. The commissioner shall generate, analyze and utilize data to review existing programs and identify effective prevention programs; to develop new program initiatives and restructure existing programs; and to assist communities in risk assessment and effective resource utilization.
(3) Contracts. The commissioner shall secure the services of direct providers by contracting with such providers, which may include nonprofit, private or public agencies, to provide functions and services needed to operate the juvenile justice authority. The commissioner shall contract with local service providers, when available, to provide twenty-four-hour-a-day intake and assessment services. Nothing provided for herein shall prohibit local municipalities, through interlocal agreements, from corroborating with and participating in the intake and assessment services established in K.S.A. 75-7023, and amendments thereto. All contracts entered into by the commissioner to secure the services of direct providers shall contain a clause allowing the inspector general unlimited access to such facility, records or personnel pursuant to subsection (a)(4)(B).
(4) Performance audit. (A) The commissioner randomly shall audit contracts to determine that service providers are performing as required pursuant to the contract.
(B) Within the division conducting performance audits, the commissioner shall designate a staff person to serve in the capacity of inspector general. Such inspector general, or such inspector general's designee, shall have the authority to: (i) Enforce compliance with all contracts; (ii) perform audits as necessary to ensure compliance with the contracts. The inspector general shall have unlimited access to any and all facilities, records or personnel of any provider that has contracted with the commissioner to determine that such provider is in compliance with the contracts; and (iii) establish a statewide juvenile justice hotline to respond to any complaints or concerns that have been received concerning juvenile justice.
(b) Adopt rules and regulations necessary for the administration of this act.
(c) Administer all state and federal funds appropriated to the juvenile justice authority and may coordinate with any other agency within the executive branch expending funds appropriated for juvenile justice.
(d) Administer the development and implementation of a juvenile justice information system.
(e) Administer the transition to and implementation of juvenile justice system reforms.
(f) Coordinate with the judicial branch of state government any duties and functions which effect the juvenile justice authority.
(g) Serve as a resource to the legislature and other state policymakers.
(h) Make and enter into all contracts and agreements and do all other acts and things necessary or incidental to the performance of functions and duties and the execution of powers under this act. The commissioner may enter into memorandums of agreement or contractual relationships with state agencies, other governmental entities or private providers as necessary to carry out the commissioner's responsibilities pursuant to the revised Kansas juvenile justice code.
(i) Accept custody of juvenile offenders so placed by the court.
(j) Assign juvenile offenders placed in the commissioner's custody to juvenile correctional facilities based on information collected by the reception and diagnostic evaluation, intake and assessment report, pursuant to K.S.A. 75-7023, and amendments thereto, and the predispositional investigation report, pursuant to K.S.A. 38-2360, and amendments thereto.
(k) Establish and utilize a reception and diagnostic evaluation for all juvenile offenders to be evaluated prior to placement in a juvenile correctional facility.
(l) Assist the judicial districts in establishing community based placement options, juvenile community correctional services and aftercare transition services for juvenile offenders.
(m) Review, evaluate and restructure the programmatic mission and goals of the juvenile correctional facilities to accommodate greater specialization for each facility.
(n) Adopt rules and regulations as are necessary to encourage the sharing of information between individuals and agencies who are involved with the juvenile.
(o) Designate in each judicial district an entity which shall be responsible for juvenile justice field services not provided by court services officers in the judicial district. The commissioner shall contract with such entity and provide grants to fund such field services.
(p) Monitor placement trends and minority confinement.
(q) Develop and submit to the joint committee on corrections and juvenile justice oversight a recommendation to provide for the financial viability of the Kansas juvenile justice system. Such recommendation shall include a formula for the allocation of state funds to community programs and a rationale in support of the recommendation. The commissioner shall avoid pursuing construction or expansion of state institutional capacity when appropriate alternatives to such placements are justified. The commissioner's recommendations shall identify a revenue source sufficient to appropriately fund expenditures anticipated to be incurred subsequent to expansion of community-based capacity and necessary to finance recommended capital projects.
(r) Report monthly to the joint committee on corrections and juvenile justice oversight. The commissioner shall review with the committee any contracts or memorandums of agreement with other state agencies prior to the termination of such agreements or contracts.
(s) Have the authority to designate all or a portion of a facility for juveniles under the commissioner's jurisdiction as a:
(1) Nonsecure detention facility;
(2) facility for the educational or vocational training and related services;
(3) facility for temporary placement pending other arrangements more appropriate for the juvenile's needs; and
(4) facility for the provision of care and other services and not for the detention of juveniles.
(t) After June 30, 2002, subject to appropriation acts, implement a program to make grants for the juvenile justice programs, pursuant to K.S.A. 75-7033, and amendments thereto, on a two-year funding cycle.
History: L. 1996, ch. 229, § 3; L. 1997, ch. 156, § 99; L. 1998, ch. 187, § 16; L. 1999, ch. 156, § 25; L. 2001, ch. 123, § 1; L. 2006, ch. 169, § 129; January 1, 2007.
On and after July 1, 1997:
(a) The commissioner of juvenile justice may establish, maintain and improve throughout the state, within the limits of funds appropriated therefor and any grants or funds received from federal agencies and other sources, regional youth care, evaluation and rehabilitation facilities, not to exceed 10 in number, for the purpose of: (1) Providing local authorities with facilities for the detention and rehabilitation of juvenile offenders, including, but not limited to juvenile offenders who are 16 and 17 years of age; (2) providing local authorities with facilities for the temporary shelter and detention of juveniles pending any examination or study to be made of the juveniles or prior to the disposition of such juveniles pursuant to the revised Kansas code for care of children or the revised Kansas juvenile justice code; and (3) providing short-term treatment and rehabilitation service for juveniles.
(b) Each such facility shall be staffed by a superintendent and such other officers and employees considered necessary by the commissioner for the proper management and operation of the center. The commissioner shall appoint the superintendent of each regional facility and fix the superintendent's compensation with the approval of the governor. Each superintendent shall appoint all other officers and employees for such regional facility, subject to the approval of the commissioner.
(c) The commissioner may adopt rules and regulations relating to the operation and management of any regional youth care facility established pursuant to the provisions of K.S.A. 75-7025 through 75-7028, and amendments thereto.
History: L. 1996, ch. 229, § 10; L. 1997, ch. 156, § 100; L. 2006, ch. 169, § 130; L. 2007, ch. 195, § 44; July 1.
History: L. 1996, ch. 229, § 10; L. 1997, ch. 156, § 100; L. 2006, ch. 200, § 118; Repealed, L. 2007, ch. 195, § 59; July 1.
On and after July 1, 1997, within the limits of funds appropriated therefor and any grants or funds received from any agency of the United States government, and other sources, the commissioner of juvenile justice may establish, maintain and improve throughout the state supplemental youth care facilities for children who are juvenile offenders and who are confined in institutions, for the purpose of providing treatment and rehabilitation services for the children. All children placed in supplemental youth care facilities shall be subject to laws applicable to juvenile offenders who are placed in any other juvenile correctional facility, as defined by K.S.A. 38-2302, and amendments thereto. The commissioner may adopt rules and regulations relating to the operation and management of any supplemental youth care facility established pursuant to this section.
History: L. 1996, ch. 229, § 11; L. 1997, ch. 156, § 101; L. 2006, ch. 169, § 131; January 1, 2007.
On and after July 1, 1997, the commissioner may establish supplementary facilities as geographical extensions of any institution, which shall be operated in connection with and as a part of the institution, and all patients or persons placed or cared for in such supplementary facilities shall be admitted in accordance with the laws relating to the admission of patients or persons in such institution, and such patients or persons shall be subject to all laws and rules and regulations relating to such institution.
History: L. 1996, ch. 229, § 12; July 1.
On and after July 1, 1997:
(a) The commissioner of juvenile justice is hereby authorized and empowered to establish and maintain at any institution, as defined in K.S.A. 38-2302, and amendments thereto, residential care facilities for children and youth committed to the commissioner.
(b) Each residential care facility established under this section shall be under the supervision and administration of the commissioner. The commissioner shall appoint all employees of the residential care facility who shall be in the classified service under the Kansas civil service act.
(c) The commissioner is hereby authorized to adopt all necessary rules and regulations relating to the operation and management of any residential care facility established pursuant to the provisions of K.S.A. 75-7025 through 75-7028, and amendments thereto.
History: L. 1996, ch. 229, § 13; L. 1997, ch. 156, § 102; L. 2006, ch. 169, § 132; January 1, 2007.
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. 1996, ch. 229, § 158; July 1.
History: L. 1996, ch. 229, § 161; L. 1999, ch. 156, § 26; Repealed, L. 2004, ch. 46, § 1; July 1.
History: L. 1997, ch. 156, § 1; L. 2001, ch. 5, § 411; Repealed, L. 2018, ch. 71, § 49; July 1.
On and after July 1, 1997:
(a) Except as otherwise provided by K.S.A. 75-7034 through 75-7037, and amendments thereto, all of the powers, duties and functions of the department of corrections and the secretary of corrections concerning juvenile community correctional services are hereby transferred to and conferred and imposed upon the juvenile justice authority and the commissioner of juvenile justice established by K.S.A. 75-7001, and amendments thereto.
(b) Except as otherwise provided by K.S.A. 75-7034 through 75-7037, and amendments thereto, the juvenile justice authority and the commissioner of juvenile justice shall be the successor in every way to the powers, duties and functions of the department of corrections and the secretary of corrections concerning juvenile community correctional services in which the same were vested prior to the effective date of this section. Every act performed in the exercise of such powers, duties and functions by or under the authority of the juvenile justice authority or the commissioner of juvenile justice concerning juvenile community correctional services established by K.S.A. 75-7034 through 75-7037, and amendments thereto, shall be deemed to have the same force and effect as if performed by the department of corrections or the secretary of corrections, respectively, in which such powers, duties and functions were vested prior to the effective date of this section.
(c) Except as otherwise provided by K.S.A. 75-7034 through 75-7037, and amendments thereto, whenever the department of corrections, or words of like effect concerning juvenile community correctional services, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the juvenile justice authority.
(d) Except as otherwise provided by K.S.A. 75-7034 through 75-7037, and amendments thereto, whenever the secretary of corrections, or words of like effect concerning juvenile community correctional services, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the commissioner of juvenile justice.
(e) All rules and regulations of the department of corrections or the secretary of corrections concerning juvenile community correctional services in existence on the effective date of this section shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the commissioner of juvenile justice until revised, amended, revoked or nullified pursuant to law.
(f) All orders and directives of the department of corrections or the secretary of corrections concerning juvenile community correctional services in existence on the effective date of this section shall continue to be effective and shall be deemed to be orders and directives of the juvenile justice authority until revised, amended or nullified pursuant to law.
(g) On the effective date of this section, the juvenile justice authority shall succeed to whatever right, title or interest the department of corrections has acquired in any real property concerning juvenile community correctional services in this state, and the authority shall hold the same for and in the name of the state of Kansas. On and after the effective date of this section, whenever any statute, contract, deed or other document concerns the power or authority of the department of corrections or the secretary of corrections concerning juvenile community correctional services to acquire, hold or dispose of real property or any interest therein, the juvenile justice authority shall succeed to such power or authority.
(h) The juvenile justice authority and the commissioner of juvenile justice shall be continuations of the department of corrections and the secretary of corrections concerning juvenile community correctional services.
History: L. 1997, ch. 156, § 3; May 22.
On and after July 1, 1997:
(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 K.S.A. 75-7034 through 75-7037, and amendments thereto, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The juvenile justice authority 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 juvenile justice authority. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer or attachment 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. 1997, ch. 156, § 4; May 22.
On and after July 1, 1997:
(a) The juvenile justice authority 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 corrections concerning juvenile community correctional services and any agency or office transferred thereto under K.S.A. 75-7034 through 75-7037, and amendments thereto.
(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 K.S.A. 75-7034 through 75-7037, 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. 75-7034 through 75-7037, 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.
(c) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of K.S.A. 75-7034 through 75-7037, and amendments thereto.
History: L. 1997, ch. 156, § 5; May 22.
(a) On and after July 1, 1997, the balance of all funds appropriated and reappropriated to the department of corrections concerning juvenile community correctional services is hereby transferred to the juvenile justice authority and shall be used only for the purpose for which the appropriation was originally made.
(b) On and after July 1, 1997, 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 department of corrections concerning juvenile community correctional services, or who become a part of the juvenile justice authority, or the powers, duties and functions of which are transferred to the juvenile justice authority provided for by K.S.A. 75-7034 through 75-7037, and amendments thereto, shall be assumed and paid by the juvenile justice authority.
History: L. 1997, ch. 156, § 6; May 22.
The secretary of corrections may make grants to counties for the development, implementation, operation and improvement of juvenile community correctional services including, but not limited to, restitution programs; victim services programs; balanced and restorative justice programs; preventive or diversionary correctional programs; programs to reduce racial, geographic and other biases that may exist in the juvenile justice system; community-based alternatives to detention; and community juvenile corrections centers and facilities for the detention or confinement, care or treatment of juveniles being detained or adjudged to be a juvenile offender.
History: L. 1997, ch. 156, § 7; L. 2006, ch. 163, § 2; L. 2016, ch. 46, § 64; July 1.
On and after July 1, 1997:
(a) Subject to the other provisions of K.S.A. 75-7038 through 75-7053, and amendments thereto, each county may qualify to receive grants under K.S.A. 75-7038 through 75-7053, and amendments thereto, by complying with the provisions of K.S.A. 75-7052, and amendments thereto.
(b) Subject to the requirements of centralized administration and control of correctional services under K.S.A. 75-7052, and amendments thereto, and the provisions of agreements between cooperating counties under subsection (c), the respective board of county commissioners shall retain all authority for the expenditure of moneys, including grants received under K.S.A. 75-7038 through 75-7053, and amendments thereto, and for the implementation of and the operations under the comprehensive plan approved by the commissioner of juvenile justice. The comprehensive plan shall be reviewed and approved by the board of county commissioners of each county to which the plan pertains prior to submission to the commissioner of juvenile justice for approval.
(c) The boards of county commissioners of all counties cooperating together to establish a juvenile corrections advisory board and to adopt a comprehensive plan pursuant to K.S.A. 75-7038 through 75-7053, and amendments thereto, may enter into cooperative agreements to qualify their respective counties for grants under K.S.A. 75-7038 through 75-7053, and amendments thereto. Such counties shall cooperate and enter into such agreements for all purposes of K.S.A. 75-7038 through 75-7053, and amendments thereto, in the manner prescribed by K.S.A. 12-2901 through 12-2907, and amendments thereto, to the extent that those statutes do not conflict with the provisions of K.S.A. 75-7038 through 75-7053, and amendments thereto.
History: L. 1997, ch. 156, § 8; May 22.
On and after July 1, 1997, in order to assist a county or group of cooperating counties which has established a juvenile corrections advisory board but which does not have a comprehensive plan which has been approved by the commissioner of juvenile justice and which requires financial aid to defray all or part of the expenses incurred by juvenile corrections advisory board members in discharging their official duties pursuant to K.S.A. 75-7047, and amendments thereto, the commissioner of juvenile justice, upon receipt of resolutions by the board or boards of county commissioners, or the administrative authority established by cooperating counties, certifying the need for and inability to pay such expenses, shall pay monthly to the county or counties an amount determined by the commissioner based on existing experience of other juvenile corrections advisory boards.
History: L. 1997, ch. 156, § 9; May 22.
On and after July 1, 1997:
(a) In accordance with K.S.A. 77-415 et seq., and amendments thereto, the commissioner of juvenile justice shall adopt rules and regulations necessary for the implementation and administration of K.S.A. 75-7038 through 75-7053, and amendments thereto, and as prescribed by those sections. The commissioner of juvenile justice shall provide consultation and technical assistance to counties and juvenile corrections advisory boards to aid them in the development of comprehensive plans under K.S.A. 75-7038 through 75-7053, and amendments thereto.
(b) K.S.A. 75-7038 through 75-7053, and amendments thereto, shall be administered by the commissioner of juvenile justice or by officers and employees of the juvenile justice authority designated by the commissioner to the extent that authority to do so is delegated by the commissioner, except that the authority to adopt rules and regulations under K.S.A. 75-7038 through 75-7053, and amendments thereto, shall not be delegated.
History: L. 1997, ch. 156, § 10; May 22.
On and after July 1, 1997, for the purposes of K.S.A. 75-7038 through 75-7053, and amendments thereto, and to provide for the correctional services described in K.S.A. 75-7038, and amendments thereto, a county or group of cooperating counties, through their boards of county commissioners, or administrative bodies established by cooperating counties, may:
(a) Acquire by any lawful means, including purchase, lease or transfer of custodial control, the lands, buildings and equipment necessary and incidental to such purposes;
(b) enter into contracts, which are necessary and incidental to such purposes;
(c) determine and establish the administrative structure best suited to the efficient administration and delivery of such correctional services;
(d) employ a director and such other officers, employees, and agents as deemed necessary to carry out the provisions of K.S.A. 75-7038 through 75-7053, and amendments thereto;
(e) make grants in accordance with the comprehensive plan of funds provided by grant payments under K.S.A. 75-7050, and amendments thereto, to corporations organized not for profit, for development, operation and improvement of such correctional services; and
(f) use unexpended funds, accept gifts, grants and subsidies from any lawful source, and apply for, accept and expend federal funds.
History: L. 1997, ch. 156, § 11; May 22.
(a) Except as provided in K.S.A. 75-7040, and amendments thereto, no county shall be qualified to receive grants under K.S.A. 75-7038 through 75-7053, and amendments thereto, unless and until the comprehensive plan for such county, or the group of counties with which such county is cooperating, is approved by the commissioner of juvenile justice.
(b) The commissioner of juvenile justice shall adopt rules and regulations establishing additional requirements for receipt of grants under K.S.A. 75-7038 through 75-7053, and amendments thereto, standards for the operation of the correctional services described in K.S.A. 75-7038, and amendments thereto, and standards for performance evaluation of the correctional services described in K.S.A. 75-7038, and amendments thereto. In order to remain eligible for grants the county or group of cooperating counties shall substantially comply with the operating standards established by the commissioner of juvenile justice.
(c) The commissioner of juvenile justice shall review annually the comprehensive plans submitted by a county or group of cooperating counties and the facilities and programs operated under such plans. The commissioner of juvenile justice is authorized to examine books, records, facilities and programs for purposes of recommending needed changes or improvements.
(d) In reviewing the comprehensive plan or any annual recommendations or revisions thereto, the commissioner of juvenile justice shall limit the scope of the review of the juvenile corrections advisory board's statement of priorities, needs, budget, policies and procedures, to the determination that such statement does not directly conflict with rules and regulations and operating standards adopted pursuant to subsection (b) and K.S.A. 75-7038 through 75-7053, and amendments thereto, and includes provisions to address racial, geographic and other biases that may exist in the juvenile justice system.
(e) When the commissioner of juvenile justice determines that there are reasonable grounds to believe that a county or group of cooperating counties is not in substantial compliance with the minimum operating standards adopted pursuant to this section, at least 30 days' notice shall be given the county or to each county in the group of cooperating counties and a hearing shall be held in accordance with the provisions of the Kansas administrative procedure act to ascertain whether there is substantial compliance or satisfactory progress being made toward compliance. If the commissioner of juvenile justice determines at such hearing that there is not substantial compliance or satisfactory progress being made toward compliance, the commissioner of juvenile justice may suspend all or a portion of any grant under K.S.A. 75-7038 through 75-7053, and amendments thereto, until the required standards of operation have been met.
History: L. 1997, ch. 156, § 12; L. 2006, ch. 163, § 3; July 1.
(a) Subject to the other provisions of this section, each juvenile corrections advisory board established under K.S.A. 75-7038 through 75-7053, and amendments thereto, shall consist of 12 or more members who shall be representative of law enforcement, defense, prosecution, the judiciary, education, corrections, ethnic minorities, the social services and the general public and shall be appointed as follows:
(1) The law enforcement representatives shall be:
(A) The sheriff or, if two or more counties are cooperating, the sheriff selected by the sheriffs of those counties, or the designee of that sheriff; and
(B) the chief of police of the city with the largest population at the time the board is established or, if two or more counties are cooperating, the chief of police selected by the chiefs of police of each city with the largest population in each county at the time the board is established, or the designee of that chief of police, except that for purposes of this paragraph in the case of a county having consolidated law enforcement and not having a sheriff or any chiefs of police, "sheriff" means the law enforcement director and "chief of police of the city with the largest population" or "chief of police" means a law enforcement officer, other than the law enforcement director, appointed by the county law enforcement agency for the purposes of this section;
(2) the prosecution representative shall be the county or district attorney or, if two or more counties are cooperating, a county or district attorney selected by the county and district attorneys of those counties, or the designee of that county or district attorney;
(3) the judiciary representative shall be the judge of the district court of the judicial district, who is assigned the juvenile court docket or the judge who is assigned most juvenile court cases, or if there is more than one judge in the judicial district who is assigned the juvenile court docket, the administrative judge of such judicial district shall appoint one of the judges who is assigned the juvenile court docket, containing the county or group of counties or, if two or more counties in two or more judicial districts are cooperating, the judge of each such judicial district, who is assigned the juvenile court docket or the judge who is assigned most juvenile court cases, or if there is more than one judge in the judicial district who is assigned the juvenile court docket, the administrative judge of such judicial district shall appoint one of the judges who is assigned the juvenile court docket;
(4) the education representative shall be an educational professional appointed by the board of county commissioners of the county or, if two or more counties are cooperating, by the boards of county commissioners of those counties;
(5) a court services officer designated by the judge of the district court of the judicial district, who is assigned the juvenile court docket or the judge who is assigned most juvenile court cases, or if there is more than one judge in the judicial district who is assigned the juvenile court docket, the administrative judge of such judicial district shall appoint one of the judges who is assigned the juvenile court docket, containing the county or group of counties or, if counties in two or more judicial districts are cooperating, a court services officer designated by the judges of those judicial districts, who are assigned the juvenile court docket or the judges who are assigned most juvenile court cases;
(6) an executive director of the community mental health center or such director's designee or in the absence of such position, the board of county commissioners of the county shall appoint or, if two or more counties are cooperating, the boards of county commissioners of those counties shall together appoint a representative of mental health service providers for juveniles in such county or counties;
(7) the board of county commissioners of the county shall appoint or, if two or more counties are cooperating, the boards of county commissioners of those counties shall together appoint at least three and no more than six additional members of the juvenile corrections advisory board or, if necessary, additional members so that each county which is not otherwise represented on the board is represented by at least one member of such board;
(8) three members of the juvenile corrections advisory board shall be appointed by cities located within the county or group of cooperating counties as follows:
(A) If there are three or more cities of the first class, the governing body of each of the three cities of the first class having the largest populations shall each appoint one member;
(B) if there are two cities of the first class, the governing body of the larger city of the first class shall appoint two members and the governing body of the smaller city of the first class shall appoint one member;
(C) if there is only one city of the first class, the governing body of such city shall appoint all three members; or
(D) if there are no cities of the first class, the governing body of each of the three cities having the largest populations shall each appoint one member; and
(9) the juvenile defense representative shall be a practicing juvenile defense attorney in the judicial district and shall be selected by the judge of the district court of the judicial district who is assigned the juvenile court docket.
(b) If possible, of the members appointed by the boards of county commissioners in accordance with subsection (a)(7) and by the governing bodies of cities in accordance with subsection (a)(8), members shall be representative of one or more of the following:
(1) Public or private social service agencies;
(2) ex-offenders;
(3) the health care professions; and
(4) the general public.
(c) At least two members of each juvenile corrections advisory board shall be representative of ethnic minorities and no more than 2/3 of the members of each board shall be members of the same gender.
(d) In lieu of the provisions of subsections (a) through (c), a group of cooperating counties as provided in K.S.A.
75-7052(a)(2), and amendments thereto, may establish a juvenile corrections advisory board which such board's membership shall be determined by such group of counties through cooperative action pursuant to the provisions of K.S.A.
12-2901 through
12-2907, and amendments thereto, to the extent that those statutes do not conflict with the provisions of K.S.A.
75-7038 through
75-7053, and amendments thereto, except that if two or more counties in two or more judicial districts are cooperating, the administrative judge of each such judicial district, or a judge of the district court designated by each such administrative judge shall be a member of such board. In determining the membership of the juvenile corrections advisory board pursuant to this subsection, such group of counties shall appoint members who are representative of law enforcement, defense, prosecution, the judiciary, education, corrections, ethnic minorities, the social services and the general public. Any juvenile corrections advisory board established and the membership determined pursuant to this subsection shall be subject to the approval of the commissioner of juvenile justice.
(e) In lieu of the provisions of subsections (a) through (d) and subject to the approval of the secretary of corrections, any county may designate the corrections advisory board, as established in K.S.A.
75-5297, and amendments thereto, as such county's juvenile corrections advisory board. For the purposes of K.S.A.
75-7038 through
75-7053, and amendments thereto, if a county designates the corrections advisory board as provided by this subsection, membership on such board shall be expanded to comply with the requirements of subsection (a).
History: L. 1997, ch. 156, § 13; L. 2003, ch. 26, § 1; L. 2016, ch. 46, § 65; July 1.
(a) The juvenile corrections advisory boards established pursuant to K.S.A. 75-7044, and amendments thereto, shall annually consider the availability of:
(1) Treatment programs;
(2) programs creating alternatives to incarceration for juvenile offenders;
(3) mental health treatment; and
(4) the development of risk assessment tools, if they do not currently exist, for use in determining pretrial release and probation supervision levels.
(b) The juvenile corrections advisory boards shall report to the Kansas department of corrections and the Kansas juvenile justice oversight committee by October 1 of each year detailing the costs of programs needed in the judicial district the juvenile corrections advisory board represents to reduce the out-of-home placement of juvenile offenders and improve the rate of recidivism of juvenile offenders in such judicial district.
History: L. 2016, ch. 46, § 16; July 1.
On and after July 1, 1997:
(a) Members of a juvenile corrections advisory board initially appointed pursuant to subsections (a)(1) through (a)(4) of K.S.A. 75-7044, and amendments thereto, shall serve for terms expiring on June 30, 2000. Members of a juvenile corrections advisory board initially appointed pursuant to subsections (a)(5) and (a)(7) of K.S.A. 75-7044, and amendments thereto, shall serve for terms expiring on June 30, 1999. Members of a juvenile corrections advisory board initially appointed pursuant to subsections (a)(6) and (a)(8) of K.S.A. 75-7044, and amendments thereto, of [*] shall serve for terms expiring on June 30, 1998. After such initial appointments, members shall serve for terms of three years and until their successors are appointed and qualified. All vacancies in a juvenile corrections advisory board shall be filled for the unexpired term in the manner that the position was originally filled. Each juvenile corrections advisory board shall elect its own officers.
(b) All proceedings of the juvenile corrections advisory board and any committee or subcommittee of the board shall be open to the public in accordance with and subject to the provisions of K.S.A. 75-4317 to 75-4320, inclusive, and amendments thereto. All votes of members of the juvenile corrections advisory board shall be recorded and shall become matters of public record.
(c) The juvenile corrections advisory board shall promulgate and implement rules concerning the conduct of proceedings and attendance of members at board meetings.
History: L. 1997, ch. 156, § 14; May 22.
Juvenile corrections advisory boards established under the provisions of K.S.A. 75-7038 through 75-7053, and amendments thereto, shall adhere to the goals of the juvenile justice code as provided in K.S.A. 38-2301, and amendments thereto, coordinate with the Kansas juvenile justice oversight committee created in K.S.A. 75-52,161, and amendments thereto, actively participate in the formulation of the comprehensive plan for the development, implementation and operation of the juvenile correctional services described in K.S.A. 75-7038, and amendments thereto, in the county or group of cooperating counties, and shall make a formal recommendation to the board or boards of county commissioners at least annually concerning the comprehensive plan and its implementation and operation during the ensuing year. The formal recommendation concerning the comprehensive plan shall include provisions to address racial, geographic and other biases that may exist in the juvenile justice system.
History: L. 1997, ch. 156, § 15; L. 2006, ch. 163, § 4; L. 2016, ch. 46, § 66; July 1.
On and after July 1, 1997, any comprehensive plan submitted pursuant to K.S.A. 75-7038 through 75-7053, and amendments thereto, may include the purchase of selected juvenile correctional services by contract, including the purchase of services for the temporary detention and confinement of juvenile offenders. The commissioner of juvenile justice shall annually determine the costs of the purchase of services under this section and deduct them from the grant payable to the county or, in the case of cooperating counties, the grants payable to the counties. In no case shall the charges for juvenile correctional services under such contract with the state exceed in cost the amount of the grant the county is eligible for or, in the case of cooperating counties, the total amount of the grants the counties are eligible to receive under K.S.A. 75-7038 through 75-7053, and amendments thereto.
History: L. 1997, ch. 156, § 16; May 22.
(a) The comprehensive plan submitted to the commissioner of juvenile justice for approval shall include those items prescribed by rules and regulations adopted by the commissioner, which may require the inclusion of the following:
(1) A program for the detention, supervision and treatment of persons under pretrial detention or under commitment;
(2) delivery of other correctional services defined in K.S.A. 75-7038, and amendments thereto; and
(3) proposals for new facilities, programs and services, which proposals must include a statement of the need, purposes and objectives of the proposal and the administrative structure, staffing pattern, staff training, financing, degree of community involvement and client participation which are planned for the proposal.
(b) The comprehensive plan submitted to the commissioner of juvenile justice for approval shall also include provisions to address racial, geographic and other biases that may exist in the juvenile justice system.
(c) In addition to the foregoing requirements made by this section, each county or group of counties shall be required to develop and implement a procedure for the review by the juvenile corrections advisory board and the board or boards of county commissioners of new program applications and other matters proposed to be included under the comprehensive plan and for the manner in which juvenile corrections advisory board action shall be taken thereon. A description of this procedure shall be made available to members of the public upon request.
History: L. 1997, ch. 156, § 17; L. 2006, ch. 163, § 5; July 1.
On and after July 1, 1997:
(a) Except as provided in K.S.A. 75-7040, and amendments thereto, each grant under K.S.A. 75-7038 through 75-7053, and amendments thereto, shall be expended by the county receiving it for juvenile community correctional services as described in K.S.A. 75-7038, and amendments thereto, in addition to the amount required to be expended by such county under this section. Each calendar year in which a county receives grant payments under K.S.A. 75-7050, and amendments thereto, the county shall make expenditures for correctional services as described in K.S.A. 75-7038, and amendments thereto, from any funds other than from grants under K.S.A. 75-7038 through 75-7053, and amendments thereto, in an amount equal to or exceeding the amount of base year juvenile corrections expenditures as determined by the commissioner of juvenile justice.
(b) The commissioner of juvenile justice shall audit and determine the amount of the expenditures for juvenile correctional services as described in K.S.A. 75-7038, and amendments thereto, of each county applying for a grant as provided in K.S.A. 7053, and amendments thereto.
(c) In any case where a county receiving a grant does not make expenditures for juvenile correctional services from funds other than from grants under K.S.A. 75-7038 through 75-7053, and amendments thereto, as required by this section, the grant to such county for the next ensuing calendar year shall be reduced by an amount equal to the amount by which such county failed to make such required amount of expenditures.
(d) The commissioner of juvenile justice may provide, by rules and regulations, procedures for the following, as determined by the commissioner to further the purposes of K.S.A. 75-7038 through 75-7053, and amendments thereto:
(1) The transfer, to one or more other counties, of any portion of a county's annual grant which is not included in such county's program budget for the current program year; and
(2) the transfer, to one or more other counties, of any portion of a county's annual grant which remains unused at the end of such county's program year and is not included in such county's program budget for the ensuing program year.
(e) Except as otherwise provided pursuant to subsection (d), if a county does not expend the full amount of the grant received for any one year under the provisions of K.S.A. 75-7038 through 75-7053, and amendments thereto, the county shall retain the unexpended amount of the grant for expenditure for juvenile correctional services as described in K.S.A. 75-7038, and amendments thereto, during any ensuing calendar year. The commissioner of juvenile justice shall reduce the grant for the ensuing calendar year by an amount equal to the amount of the previous year's grant which was not expended and was retained by the county, unless the commissioner finds that the amount so retained is needed for and will be expended during the ensuing calendar year for expenditures under the applicable comprehensive plan.
History: L. 1997, ch. 156, § 18; May 22.
(a) Upon compliance by a county or group of counties with the requirements for receipt of the grants authorized by K.S.A. 75-7038 through 75-7053, and amendments thereto, and approval of the comprehensive plan by the commissioner of juvenile justice and the Kansas advisory group on juvenile justice and delinquency prevention, the commissioner shall determine the amount of the annual grant to each such county and, commencing on the next ensuing January 1 or July 1 after approval of the comprehensive plan, shall proceed to pay such grant in equal quarterly payments in accordance with and subject to K.S.A. 75-7038 through 75-7053, and amendments thereto, applicable rules and regulations, and the provisions of appropriation acts.
(b) Within 10 days after the end of each calendar quarter, each county receiving quarterly grant payments under K.S.A. 75-7038 through 75-7053, and amendments thereto, shall submit to the commissioner of juvenile justice certified statements detailing the amounts expended and costs incurred for the juvenile correctional services described in K.S.A. 75-7038, and amendments thereto. Upon receipt of such certified statements, the commissioner shall determine whether each such county is in compliance with the expenditure and operation standards prescribed under K.S.A. 75-7038 through 75-7053, and amendments thereto, for such services and shall determine the quarterly payment amount each such county is entitled to receive after making any adjustments for reductions or charges as required by or in accordance with K.S.A. 75-7038 through 75-7053, and amendments thereto, and applicable rules and regulations.
(c) Quarterly grant payments for counties entitled thereto under K.S.A. 75-7038 through 75-7053, and amendments thereto, shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the commissioner of juvenile justice or by a person or persons designated by the commissioner to the county treasurers of such counties.
History: L. 1997, ch. 156, § 19; L. 2003, ch. 23, § 1; July 1.
On and after July 1, 1997:
(a) The commissioner of juvenile justice may contract for any juvenile correctional services described in K.S.A. 75-7038, and amendments thereto, from any county or group of cooperating counties which are receiving grants under K.S.A. 75-7038 through 75-7053, and amendments thereto.
(b) Any county may contract for any juvenile correctional services described in K.S.A. 75-7038, and amendments thereto, from any county or group of cooperating counties which are receiving grants under K.S.A. 75-7038 through 75-7053, and amendments thereto, regardless of whether such county or group of counties is in the same judicial district as the county contracting for such services.
History: L. 1997, ch. 156, § 20; May 22.
On and after July 1, 1997:
(a) Before July 1, 1999, each county in this state, based on the recommendation from the administrative judge of the judicial district in which each such county is located as provided in subsection (b), shall have:
(1) Established a juvenile corrections advisory board in accordance with K.S.A. 75-7044, and amendments thereto, and adopted a comprehensive plan for the development, implementation, operation and improvement of the juvenile correctional services described in K.S.A. 75-7038, and amendments thereto which has been approved by the commissioner of juvenile justice and which, in addition to such matters as are prescribed by rules and regulations of the commissioner, provides for centralized administration and control of the juvenile correctional services under such plan;
(2) entered into an agreement with a group of cooperating counties to establish a regional or multi-county community juvenile correctional services program; established a juvenile corrections advisory board in accordance with K.S.A. 75-7044, and amendments thereto; and adopted a comprehensive plan for the development, implementation, operation and improvement of the juvenile correctional services described in K.S.A. 75-7038, and amendments thereto, which has been approved by the commissioner of juvenile justice and which, in addition to such matters as are prescribed by rules and regulations of the commissioner, provides for centralized administration and control of the juvenile correctional services under such plan. Such group of counties may comply with the provisions of this subsection through cooperative action pursuant to the provisions of K.S.A. 12-2901 through 12-2907, and amendments thereto, to the extent that those statutes do not conflict with the provisions of K.S.A. 75-7038 through 75-7053, and amendments thereto; or
(3) contracted for juvenile correctional services described in K.S.A. 75-7038, and amendments thereto, from any county or group of cooperating counties, as provided in K.S.A. 75-7051, and amendments thereto, which are receiving grants under K.S.A. 75-7038 through 75-7053, and amendments thereto.
(b) Before September 15, 1998, the administrative judge in each judicial district shall make a recommendation to the board of county commissioners in each county in such judicial district which has not established a program to provide for the juvenile correctional services described in K.S.A. 75-7038, and amendments thereto, as to which option provided in subsection (a) each such county in such judicial district should choose to comply with the provisions of K.S.A. 75-7038 through 75-7053, and amendments thereto.
History: L. 1997, ch. 156, § 21; May 22.
On and after July 1, 1997:
(a) On or before each March 15, each county or group of counties applying to receive a grant shall submit a budget request to the commissioner. On or before each July 1, the commissioner of juvenile justice and the Kansas advisory group on juvenile justice and delinquency prevention shall determine annually the amount of the grant for the ensuing fiscal year for each county or group of counties which has qualified to receive grants as provided in this section.
(b) The determination of the grant of a county or group of counties by the commissioner shall consider, but not be limited to, the following criteria based on measurable performances: staffing levels justified by active cases under supervision; one-time expenditures such as renovation or construction costs, major equipment purchases or capital acquisitions; administrative costs; funded contracts for services; client numbers; caseload projections; travel costs outside the program area; and existing experience of similar programs.
History: L. 1997, ch. 156, § 22; May 22.
The commissioner of juvenile justice may appoint deputy commissioners and assistant commissioners as determined necessary by the commissioner to carry out the mission of the authority. All deputy commissioners and assistant commissioners shall serve at the pleasure of the commissioner, shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the commissioner and approved by the governor. The commissioner may appoint a public information officer, a chief attorney, other attorneys and a personal secretary for the juvenile justice authority. These employees shall serve at the pleasure of the commissioner, shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the commissioner and approved by the governor. Unless otherwise designated, all other employees of the juvenile justice authority shall be in the classified service.
History: L. 1998, ch. 187, § 1; July 1.
All juvenile corrections officers and those employees within the juvenile corrections officer series first employed on and after July 1, 2000, shall be required to be at least 21 years of age, shall possess no felony convictions, and shall meet such physical agility requirements as set by the commissioner.
History: L. 2000, ch. 150, § 35; June 1.
(a) In order to establish a mechanism for community prevention and graduated sanctions service providers to participate in the juvenile justice authority annual budget planning process, the commissioner of the juvenile justice authority shall establish a community advisory committee to identify new or enhanced community graduated sanctions and prevention programs.
(b) Such advisory committee shall consist of 10 members. The commissioner shall appoint eight members from the four geographical regions of the state as described in this subsection with one member from each region representing prevention programs and one member representing graduated sanctions programs. The four regions shall correspond to the southeast community corrections association region, the northeast community corrections association region, the central community corrections association region and the western community corrections association region. The commissioner shall appoint two community corrections association members from the state at large. The committee shall reflect the diversity of juvenile offender community services with respect to geographical location and average daily population of offenders under supervision.
(c) Each member shall be appointed for a term of three years, except that the terms of the initial appointments shall be staggered as determined by the commissioner. Each member shall continue in such capacity until a successor is appointed. Members shall be eligible for reappointment, and appointment may be made to fill an unexpired term.
(d) (1) The committee, in cooperation with the commissioner or the commissioner's designee, shall routinely examine and report to the commissioner on the following issues: (A) Efficiencies in the delivery of community supervision services including prevention and graduated sanction programs;
(B) effectiveness and enhancement of existing prevention and interventions and graduated sanctions;
(C) identification of new interventions; and
(D) effectiveness of juvenile justice prevention, intervention and graduated sanctions programs in reducing racial, geographic and other biases that may exist in the juvenile justice system.
(2) Such report shall address measurable goals and objectives, projected costs, the impact on public safety and the valuation process.
(e) The advisory committee shall submit its report to the commissioner annually on or before July 15 in order for the enhanced or new interventions to be considered for inclusion within the juvenile justice authority's budget request for local and community services or in the juvenile justice authority's enhanced services budget request for the subsequent fiscal year.
History: L. 2003, ch. 37, § 1; L. 2006, ch. 163, § 6; July 1.
(a) The juvenile justice authority created by K.S.A. 75-7001, and amendments thereto, is hereby abolished.
(b) Except as otherwise provided by K.S.A. 75-7057 through 75-7071, and amendments thereto, all of the jurisdiction, powers, functions and duties of the juvenile justice authority and the commissioner of juvenile justice are hereby transferred to and conferred and imposed upon the department of corrections and the secretary of corrections.
(c) Except as otherwise provided by K.S.A. 75-7057 through 75-7071, and amendments thereto, the department of corrections and the secretary of corrections shall be the successor in every way to the jurisdiction, powers, duties and functions of the juvenile justice authority and the commissioner of juvenile justice in which the same were vested prior to the effective date of K.S.A. 75-7057 through 75-7071, and amendments thereto. Every act performed in the exercise of such jurisdiction, powers, duties and functions by or under the authority of the department of corrections and the secretary of corrections shall be deemed to have the same force and effect as if performed by the juvenile justice authority or the commissioner of juvenile justice, respectively, in which such jurisdiction, powers, duties and functions were vested prior to the effective date of K.S.A. 75-7057 through 75-5071, and amendments thereto.
(d) Except as otherwise provided by K.S.A. 75-7057 through 75-7071, and amendments thereto, whenever the juvenile justice authority, 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 corrections.
(e) Except as otherwise provided by K.S.A. 75-7057 through 75-7071, and amendments thereto, whenever the commissioner of juvenile justice, 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 corrections.
(f) All rules and regulations, internal management policies and procedures (IMPP), facility orders and post orders of the juvenile justice authority which relate to the functions transferred by K.S.A. 75-7057 through 75-7071, and amendments thereto and which are in effect on the effective date of K.S.A. 75-7057 through 75-7071, and amendments thereto, shall continue to be effective and shall be deemed to be rules and regulations, internal management policies and procedures (IMPP), facility orders and post orders of the department of corrections until revised, amended, revoked, or nullified pursuant to law.
(g) All orders and directives of the juvenile justice authority or the commissioner of juvenile justice in existence on the effective date of K.S.A. 75-7057 through 75-7071, and amendments thereto, shall continue to be effective and shall be deemed to be orders and directives of the department of corrections or secretary of corrections until revised, amended or nullified pursuant to law.
(h) On the effective date of K.S.A. 75-7057 through 75-7071, and amendments thereto, the department of corrections shall succeed to whatever right, title or interest the juvenile justice authority has acquired in any real property in this state, and the department of corrections shall hold the same for and in the name of the state of Kansas. On and after the effective date of K.S.A. 75-7057 through 75-7071, and amendments thereto, whenever any statute, contract, deed or other document concerns the power or authority of the juvenile justice authority or the commissioner of juvenile justice to acquire, hold or dispose of real property or any interest therein, the department of corrections shall succeed to such power or authority.
(i) The department of corrections and the secretary of corrections shall be continuations of the juvenile justice authority and the commissioner of juvenile justice.
History: Executive Reorganization Order No. 42, § 1; L. 2013, ch. 143, § 1; July 1.
(a) All officers and employees in the juvenile justice authority who, immediately prior to the effective date of K.S.A. 75-7057 through 75-7071, and amendments thereto, are engaged in the exercise and performance of the powers, duties, and functions transferred by K.S.A. 75-7057 through 75-7071, and amendments thereto, are hereby transferred to the department of corrections unless the secretary of corrections determines that some officers or employees are not performing necessary services. All classified employees so transferred shall retain their status as classified employees. Thereafter, the secretary of corrections may convert vacant classified positions to positions in the unclassified service under the Kansas civil service act.
(b) Officers and employees in the juvenile justice authority transferred by K.S.A. 75-7057 through 75-7071, 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 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. 75-7057 through 75-7071, and amendments thereto, shall affect the classified status of any transferred person employed by the juvenile justice authority prior to the date of transfer.
(c) The memorandum of agreement between the Kansas juvenile justice authority and Kansas department of administration and teamsters union local #696 that is in existence on the effective date of K.S.A. 75-7057 through 75-7071, and amendments thereto, shall continue to be effective until revised, amended or nullified pursuant to the terms of the memorandum of agreement.
(d) The memorandum of agreement between the state of Kansas and the Kansas organization of state employees that is in existence on the effective date of K.S.A. 75-7057 through 75-7071, and amendments thereto, shall continue to be effective until revised, amended or nullified pursuant to the terms of the memorandum of agreement.
History: Executive Reorganization Order No. 42 § 2; L. 2013, ch. 143, § 2; July 1.
(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 K.S.A. 75-7057 through 75-7071, and amendments thereto, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The department of corrections 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 department of corrections from the juvenile justice authority. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer or attachment 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: Executive Reorganization Order No. 42, § 3; L. 2013, ch. 143, § 3; July 1.
(a) The department of corrections 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 juvenile justice authority and any agency or office transferred thereto under previous law.
(b) 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. 75-7057 through 75-7071, 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. 75-7057 through 75-7071, 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.
(c) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of K.S.A. 75-7057 through 75-7071, and amendments thereto.
History: Executive Reorganization Order No. 42, § 4; L. 2013, ch. 143, § 4; July 1.
(a) On and after the effective date of K.S.A. 75-7057 through 75-7071, and amendments thereto, the balance of all funds appropriated and reappropriated to the juvenile justice authority or any juvenile correctional facility or program is hereby transferred to the department of corrections and shall be used only for the purpose for which the appropriation was originally made.
(b) Subject to the acts of the legislature, all fees, grant funds, and loan repayment funds in the juvenile justice authority dedicated to programs affected by K.S.A. 75-7057 through 75-7071, and amendments thereto, shall be transferred to the department of corrections.
(c) On and after the effective date of K.S.A. 75-7057 through 75-7071, and amendments thereto, the liability for all accrued compensation or salaries of officers and employees who are transferred to the department of corrections under K.S.A. 75-7057 through 75-7071, and amendments thereto, shall be assumed and paid by the department of corrections.
History: Executive Reorganization Order No. 42, § 5; L. 2013, ch. 143, § 5; July 1.
(a) All jurisdiction, powers, functions and duties relating to juvenile correctional facilities and institutions as defined in K.S.A. 38-2302, and amendments thereto, are conferred and imposed upon the secretary of corrections to be administered within the department of corrections as provided by K.S.A. 75-7057 through 75-7071, and amendments thereto.
(b) The secretary of corrections may adopt rules and regulations for the government, regulation and operation of such institutions. The secretary of corrections may adopt rules and regulations relating to all persons admitted to such facilities.
(c) The secretary of corrections may enter into an educational services contract with a unified school district, another public educational services provider or a private educational services provider for a facility pursuant to competitive bids or by negotiation as determined by the secretary of corrections. Each such educational services contract is exempt from the competitive bid requirements of K.S.A. 75-3739, and amendments thereto.
(d) The secretary of corrections shall not issue a pass, furlough or leave to any juvenile placed in a facility unless needed for such juvenile to obtain medical services or to reintegrate such juvenile into the community. If any juvenile is issued a pass, furlough or leave, such juvenile shall be accompanied by a staff member or other designated adult unless the juvenile meets the appropriate classification as defined by policies and procedures adopted by the department. The secretary of corrections is authorized to establish a work release program or an educational release program for juveniles. If the secretary or the secretary's designee finds that a juvenile meets the criteria for such release programs and is capable of receiving substantial benefit from educational or vocational programs that are not available within the facility, the juvenile may attend such release programs outside of the facility. The secretary shall develop policies and procedures to ensure adequate oversight, supervision and accountability of the juvenile, including communication with community providers related to the juvenile.
(e) The secretary of corrections shall implement an* facility security plan designed to prevent escapes and to prohibit contraband and unauthorized access to the facility and, within the limits of appropriations, construct perimeter fencing as required by the facility security plan.
(f) The secretary of corrections, by rules and regulations, shall establish a rigid grooming code and shall issue uniforms to juvenile offenders in a facility.
(g) The Larned juvenile correctional facility shall be under the supervision and control of the secretary of corrections in accordance with K.S.A. 76-3203, and amendments thereto.
(h) The Kansas juvenile correctional complex shall be under the supervision and control of the secretary of corrections in accordance with K.S.A. 76-3203, and amendments thereto.
(i) The department of corrections shall be the successor in every way to the jurisdiction, powers, duties, and functions of the juvenile justice authority pertaining to the programs and operation of juvenile correctional facilities and institutions. Every act performed in the exercise of such transferred powers, duties, and functions by or under the authority of the department of corrections shall be deemed to have the same force and effect as if performed by the juvenile justice authority in which such powers, duties, and functions were vested prior to July 1, 2013.
History: Executive Reorganization Order No. 42, § 6; L. 2013, ch. 143, § 6; L. 2024, ch. 102, § 1; July 1.
The secretary of corrections shall promulgate rules and regulations for the juvenile intake an assessment system and programs concerning juvenile offenders in accordance with K.S.A. 75-7023, and amendments thereto.
History: Executive Reorganization Order No. 42, § 7; L. 2013, ch. 143, § 7; July 1.
The secretary of corrections shall administer the provisions of the revised Kansas juvenile justice code in accordance with K.S.A. 75-7024, and amendments thereto.
History: Executive Reorganization Order No. 42, § 8; L. 2013, ch. 143, § 8; July 1.
The secretary of corrections shall administer regional youth care and rehabilitation facilities in accordance with K.S.A. 75-7025, and amendments thereto.
History: Executive Reorganization Order No. 42, § 9; L. 2013, ch. 143, § 9; July 1.
The secretary of corrections shall administer supplemental youth care facilities in accordance with K.S.A. 75-7026, and amendments thereto.
History: Executive Reorganization Order No. 42, § 10; L. 2013, ch. 143, § 10; July 1.
The secretary of corrections shall administer residential care facilities for children and youth established by and in accordance with K.S.A. 75-7028, and amendments thereto.
History: Executive Reorganization Order No. 42, § 11; L. 2013, ch. 143, § 11; July 1.
The secretary of corrections shall administer community planning teams, juvenile justice programs, the juvenile justice community planning fund, and the juvenile justice community initiative fund in accordance with K.S.A. 75-7033, and amendments thereto.
History: Executive Reorganization Order No. 42, § 12; L. 2013, ch. 143, § 12; July 1.
The secretary of corrections shall administer all grants under K.S.A. 75-7038 through 75-7053, and amendments thereto.
History: Executive Reorganization Order No. 42, § 13; L. 2013, ch. 143, § 13; July 1.
The secretary of corrections shall administer community graduated sanctions and prevention programs and the community advisory committee in accordance with K.S.A. 75-7056, and amendments thereto.
History: Executive Reorganization Order No. 42, § 14; L. 2013, ch. 143, § 14; July 1.
The Kansas advisory group on juvenile justice and delinquency prevention will report to the secretary of corrections in accordance with K.S.A. 75-7007, and amendments thereto.
History: Executive Reorganization Order No. 42, § 15; L. 2013, ch. 143, § 15; July 1.
History: L. 1996, ch. 201, §§ 1 to 5; Repealed, L. 2003, ch. 114, § 8; July 1.
History: L. 1996, ch. 201, § 6; Repealed, L. 2000, ch. 16, § 1; July 1.
History: L. 1996, ch. 201, § 7; Repealed, L. 2003, ch. 114, § 8; July 1.
As used in K.S.A. 75-7201 through 75-7212, and amendments thereto:
(a) "Business risk" means the overall level of risk determined by a business risk assessment that includes, but is not limited to, cost, information security and other elements as determined by the information technology executive council's policies or policies adopted by the judicial branch or the legislative coordinating council.
(b) "Cumulative cost" means the total expenditures, from all sources, for any information technology project by one or more state agencies to meet project objectives from project start to project completion or the date and time the project is terminated if it is not completed.
(c) "Executive agency" means any state agency in the executive branch of government, including the judicial council but not the elected office agencies.
(d) "Information technology project" means an information technology effort by a state agency of defined and limited duration that implements, effects a change in or presents a risk to processes, services, security, systems, records, data, human resources or architecture.
(e) "Information technology project change or overrun" means any change in:
(1) Planned expenditures for an information technology project that would result in the total authorized cost of the project being increased above the currently authorized cost of such project by more than 10% of such currently authorized cost of such project or an established threshold within the information technology executive council's policies or policies adopted by the judicial branch or the legislative coordinating council;
(2) the scope or project timeline of an information technology project, as such scope or timeline was presented to and reviewed by the joint committee or the chief information technology officer to whom the project was submitted pursuant to K.S.A. 75-7209, and amendments thereto, that is a change of more than 10% or a change that is significant as determined by the information technology executive council's policies or policies adopted by the judicial branch or the legislative coordinating council; or
(3) the proposed use of any new or replacement information technology equipment or in the use of any existing information technology equipment that has been significantly upgraded.
(f) "Joint committee" means the joint committee on information technology.
(g) "Judicial agency" means any state agency in the judicial branch of government.
(h) "Legislative agency" means any state agency in the legislative branch of government.
(i) "Project" means a planned series of events or activities that is intended to accomplish a specified outcome in a specified time period, under consistent management direction within a state agency or shared among two or more state agencies, and that has an identifiable budget for anticipated expenses.
(j) "Project completion" means the date and time when the head of a state agency having primary responsibility for an information technology project certifies that the improvement being produced or altered under the project is ready for operational use.
(k) "Project start" means the date and time when a state agency begins a formal study of a business process or technology concept to assess the needs of the state agency, determines project feasibility or prepares an information technology project budget estimate under K.S.A. 75-7209, and amendments thereto.
(l) "State agency" means any state office or officer, department, board, commission, institution or bureau, or any agency, division or unit thereof.
History: L. 1998, ch. 182, § 1; L. 2023, ch. 75, § 4; L. 2024, ch. 95, § 16; July 1.
(a) There is hereby established the information technology executive council which shall be attached to the office of information technology services for purposes of administrative functions.
(b) (1) The council shall be composed of 13 voting members as follows:
(A) Two cabinet agency heads or such persons' designees;
(B) two noncabinet agency heads or such persons' designees;
(C) the executive chief information technology officer;
(D) the chief executive officer of the state board of regents or such person's designee;
(E) one representative of cities;
(F) one representative of counties; the network manager of the information network of Kansas (INK);
(G) one representative with background and knowledge in technology and cybersecurity from the private sector, except that such representative or such representative's employer shall not be an information technology or cybersecurity vendor that does business with the state of Kansas;
(H) one representative appointed by the Kansas criminal justice information system committee; and
(I) two information technology employees from state board of regents institutions appointed by the board of regents.
(2) The chief information technology architect, the legislative chief information technology officer, the judicial chief information technology officer, one member of the senate appointed by the president of the senate, one member of the senate appointed by the minority leader of the senate, one member of the house of representatives appointed by the speaker of the house of representatives and one member of the house of representatives appointed by the minority leader of the house of representatives shall be nonvoting members of the council.
(3) The cabinet agency heads, the noncabinet agency heads, the representative of cities, the representative of counties and the representative from the private sector shall be appointed by the governor for a term not to exceed 18 months. Upon expiration of an appointed member's term, the member shall continue to hold office until the appointment of a successor. Legislative members shall remain members of the legislature in order to retain membership on the council and shall serve until replaced pursuant to this section. Vacancies of members during a term shall be filled in the same manner as the original appointment only for the unexpired part of the term. The appointing authority for a member may remove the member, reappoint the member or substitute another appointee for the member at any time. Nonappointed members shall serve ex officio.
(c) The chairperson of the council shall be the executive chief information technology officer.
(d) The council shall hold monthly meetings and hearings in the city of Topeka or at such other places as the council designates, on call of the executive chief information technology officer or on request of four or more members. A quorum of the council shall be seven members. All actions of the council shall be taken by a majority of all of the members of the council.
(e) Except for members specified as a designee in subsection (b), members of the council may not appoint an individual to represent them on the council and only members of the council may vote.
(f) Members of the council shall receive mileage, tolls and parking as provided in K.S.A. 75-3223, and amendments thereto, for attendance at any meeting of the council or any subcommittee meeting authorized by the council.
History: L. 1998, ch. 182, § 2; L. 2001, ch. 116, § 2; L. 2013, ch. 62, § 30; L. 2018, ch. 97, § 9; L. 2023, ch. 75, § 5; L. 2024, ch. 95, § 18; July 1.
(a) The information technology executive council is hereby authorized to adopt such policies and rules and regulations as necessary to implement, administer and enforce the provisions of this act.
(b) The council shall:
(1) Adopt:
(A) Information technology resource policies and procedures and project management methodologies for all executive branch agencies;
(B) an information technology architecture, including telecommunications systems, networks and equipment, that covers all state agencies;
(C) standards for data management for all executive branch agencies; and
(D) a strategic information technology management plan for the executive branch;
(2) provide direction and coordination for the application of the executive branch's information technology resources;
(3) designate the ownership of information resource processes and the lead executive branch agency for implementation of new technologies and networks shared by multiple agencies within the executive branch of state government;
(4) develop a plan to integrate all information technology services for the executive branch into the office of information technology services and all cybersecurity services for state educational institutions as defined in K.S.A. 76-711, and amendments thereto, into the office of information technology services and the Kansas information security office; and
(5) perform such other functions and duties as necessary to carry out the provisions of this act.
(c) The information technology executive council shall report the plan developed under subsection (b)(4) to the senate standing committee on ways and means and the house standing committee on legislative modernization or its successor committee prior to January 15, 2026, in accordance with K.S.A. 2025 Supp. 75-7245, and amendments thereto.
History: L. 1998, ch. 182, § 3; L. 2024, ch. 95, § 20; July 1.
(a) There is hereby established, within and as a part of the office of information technology services, the position of chief information technology architect whose duties shall be performed under the supervision of the executive chief information technology officer. The chief information technology architect shall be in the unclassified service under the Kansas civil service act, shall be appointed by the executive chief information technology officer, subject to approval of the governor and shall receive compensation in an amount fixed by the executive chief information technology officer, subject to approval of the governor.
(b) The chief information technology architect shall:
(1) Propose to the information technology executive council: (A) Information technology resource policies and procedures and project management methodologies for all state agencies; (B) an information technology architecture, including telecommunications systems, networks and equipment, that covers all state agencies; (C) standards for data management for all state agencies; and (D) a strategic information technology management plan for the state;
(2) serve as secretary to the information technology executive council; and
(3) perform such other functions and duties as provided by law or as directed by the executive chief information technology officer.
History: L. 1998, ch. 182, § 4; L. 2013, ch. 62, § 31; July 1.
(a) There is hereby established within and as a part of the office of information technology services the position of executive chief information technology officer. The executive chief information technology officer shall be in the unclassified service under the Kansas civil service act, shall be appointed by the governor, and shall receive compensation in an amount fixed by the governor. The executive chief information technology officer shall maintain a presence in any cabinet established by the governor and shall report to the governor.
(b) The executive chief information technology officer shall:
(1) Review and consult with each executive agency regarding information technology plans, deviations from the state information technology architecture, information technology project estimates and information technology project changes and overruns submitted by such agency pursuant to K.S.A. 75-7209, and amendments thereto, to determine whether the agency has complied with:
(A) The information technology resource policies and procedures and project management methodologies adopted by the information technology executive council;
(B) the information technology architecture adopted by the information technology executive council;
(C) the standards for data management adopted by the information technology executive council; and
(D) the strategic information technology management plan adopted by the information technology executive council;
(2) report to the chief information technology architect all deviations from the state information architecture that are reported to the executive information technology officer by executive agencies;
(3) submit recommendations to the division of the budget as to the technical and management merit of information technology projects and information technology project changes and overruns submitted by executive agencies that are reportable pursuant to K.S.A. 75-7209, and amendments thereto;
(4) monitor executive agencies' compliance with:
(A) The information technology resource policies and procedures and project management methodologies adopted by the information technology executive council;
(B) the information technology architecture adopted by the information technology executive council;
(C) the standards for data management adopted by the information technology executive council; and
(D) the strategic information technology management plan adopted by the information technology executive council;
(5) coordinate implementation of new information technology among executive agencies and with the judicial and legislative chief information technology officers;
(6) designate the ownership of information resource processes and the lead agency for implementation of new technologies and networks shared by multiple agencies within the executive branch of state government;
(7) perform such other functions and duties as provided by law or as directed by the governor;
(8) consult with the appropriate legal counsel on topics related to confidentiality of information, the open records act, K.S.A. 45-215 et seq., and amendments thereto, the open meetings act, K.S.A. 75-4317 et seq., and amendments thereto, and any other legal matter related to information technology;
(9) ensure that each executive agency has the necessary information technology and cybersecurity staff imbedded within the agency to accomplish the agency's duties;
(10) maintain all third-party data centers at locations within the United States or with companies that are based in the United States; and
(11) create a database of all electronic devices within the branch and ensure that each device is inventoried, cataloged and tagged within an inventory device.
(c) An employee of the office of information technology services shall not disclose confidential information of an executive agency.
(d) The executive chief information technology officer may make a request to the adjutant general to permit the Kansas national guard in a state active duty capacity to perform vulnerability assessments or other assessments of the branch for the purpose of enhancing security. During such vulnerability assessments, members performing the assessment shall, to the extent possible, ensure that no harm is done to the systems being assessed. The executive chief information technology officer shall notify the executive agency that owns the information systems being assessed about such assessment and coordinate to mitigate the security risk.
History: L. 1998, ch. 182, § 5; L. 2013, ch. 62, § 32; L. 2023, ch. 75, § 6; L. 2024, ch. 95, § 22; July 1.
(a) There is hereby established within and as a part of the office of the state judicial administrator the position of judicial chief information technology officer. The judicial chief information technology officer shall be appointed by the judicial administrator, subject to approval of the chief justice, and shall receive compensation determined by the judicial administrator, subject to approval of the chief justice.
(b) The judicial chief information technology officer shall:
(1) Review and consult with each judicial agency regarding information technology plans, deviations from the state information technology architecture, information technology project estimates and information technology project changes and overruns to determine whether the agency has complied with policies and procedures adopted by the judicial branch;
(2) report to the chief information technology architect all deviations from the state information architecture that are reported to the judicial information technology officer by judicial agencies;
(3) submit recommendations to the judicial administrator as to the technical and management merit of information technology projects and information technology project changes and overruns submitted by judicial agencies that are reportable pursuant to K.S.A. 75-7209, and amendments thereto;
(4) coordinate implementation of new information technology among judicial agencies and with the executive and legislative chief information technology officers;
(5) designate the ownership of information resource processes and the lead agency for implementation of new technologies and networks shared by multiple agencies within the judicial branch of state government;
(6) perform such other functions and duties as provided by law or as directed by the judicial administrator;
(7) ensure that each judicial agency has the necessary information technology and cybersecurity staff imbedded within the agency to accomplish the agency's duties;
(8) maintain all third-party data centers at locations within the United States or with companies that are based in the United States; and
(9) create a database of all electronic devices within the branch and ensure that each device is inventoried, cataloged and tagged with an inventory device.
(c) An employee of the office of the state judicial administrator shall not disclose confidential information of a judicial agency.
(d) The judicial chief information technology officer may make a request to the adjutant general to permit the Kansas national guard in a state active duty capacity to perform vulnerability assessments or other assessments of the branch for the purpose of enhancing security. During such vulnerability assessments, members performing the assessment shall, to the extent possible, ensure that no harm is done to the systems being assessed. The judicial chief information technology officer shall notify the judicial agency that owns the information systems being assessed about such assessment and coordinate to mitigate the security risk.
History: L. 1998, ch. 182, § 6; L. 2023, ch. 75, § 7; L. 2024, ch. 95, § 24; July 1.
(a) There is hereby established the position of judicial branch chief information security officer. The judicial chief information security officer shall be in the unclassified service under the Kansas civil service act, shall be appointed by the judicial administrator, subject to approval by the chief justice and shall receive compensation determined by the judicial administrator, subject to approval of the chief justice.
(b) The judicial chief information security officer shall:
(1) Report to the judicial administrator;
(2) establish security standards and policies to protect the branch's information technology systems and infrastructure in accordance with subsection (c);
(3) ensure the confidentiality, availability and integrity of the information transacted, stored or processed in the branch's information technology systems and infrastructure;
(4) develop a centralized cybersecurity protocol for protecting and managing judicial branch information technology assets and infrastructure;
(5) detect and respond to security incidents consistent with information security standards and policies;
(6) be responsible for the cybersecurity of all judicial branch data and information resources;
(7) collaborate with the chief information security officers of the other branches of state government to respond to cybersecurity incidents;
(8) ensure that all justices, judges and judicial branch employees complete cybersecurity awareness training annually and if an employee does not complete the required training, such employee's access to any state-issued hardware or the state network is revoked;
(9) review all contracts related to information technology entered into by a person or entity within the judicial branch to make efforts to reduce the risk of security vulnerabilities within the supply chain or product and ensure each contract contains standard security language; and
(10) coordinate with the United States cybersecurity and infrastructure security agency to perform annual audits of judicial branch agencies for compliance with applicable state and federal laws, rules and regulations and judicial branch policies and standards. The judicial chief information security officer shall make an audit request to such agency annually, regardless of whether or not such agency has the capacity to perform the requested audit.
(c) The judicial chief information security officer shall develop a cybersecurity program of each judicial agency that complies with the national institute of standards and technology cybersecurity framework (CSF) 2.0, as in effect on July 1, 2024. The judicial chief information security officer shall ensure that such programs achieve a CSF tier of 3.0 prior to July 1, 2028, and a CSF tier of 4.0 prior to July 1, 2030.
(d) (1) If an audit conducted pursuant to subsection (b)(10) results in a failure, the judicial chief information security officer shall report such failure to the speaker and minority leader of the house of representatives and the president and minority leader of the senate within 30 days of receiving notice of such failure. Such report shall contain a plan to mitigate any security risks identified in the audit. The judicial chief information security officer shall coordinate for an additional audit after the mitigation plan is implemented and report the results of such audit to the speaker and minority leader of the house of representatives and the president and minority leader of the senate.
(2) Results of audits conducted pursuant to subsection (b)(10) and the reports described in subsection (d)(1) shall be confidential and shall not be subject to discovery or disclosure pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto.
(e) This section shall expire on July 1, 2026.
History: L. 2024, ch. 95, § 2; July 1.
(a) There is hereby established the position of legislative chief information technology officer under the legislative coordinating council.
(b) The legislative chief information technology officer shall be appointed by the legislative coordinating council. The joint committee may recommend one or more persons for consideration by the legislative coordinating council in making the appointment.
(c) The legislative chief information technology officer shall receive such compensation as determined by the legislative coordinating council and may be removed by a vote of five members of the legislative coordinating council taken at any regular meeting of the council.
(d) The legislative chief information technology officer shall receive expenses and allowances for in-state and out-of-state travel as is provided by law for members of the legislature. The provisions of K.S.A. 75-3208, and amendments thereto, shall not apply to any such travel.
(e) The legislative chief information technology officer shall be in the unclassified service under the Kansas civil service act.
History: L. 1998, ch. 182, § 7; May 21.
(a) The legislative chief information technology officer shall:
(1) Review and consult with each legislative agency regarding information technology plans, deviations from the state information technology architecture, information technology project estimates and information technology project changes and overruns submitted by such agency pursuant to K.S.A. 75-7209, and amendments thereto, to determine whether the agency has complied with the policies and procedures adopted by the legislative coordinating council;
(2) report to the chief information technology architect all deviations from the state information architecture that are reported to the legislative information technology officer by legislative agencies;
(3) submit recommendations to the legislative coordinating council as to the technical and management merit of information technology projects and information technology project changes and overruns;
(4) coordinate implementation of new information technology among legislative agencies and with the executive and judicial chief information technology officers;
(5) designate the ownership of information resource processes and the lead agency for implementation of new technologies and networks shared by multiple agencies within the legislative branch of state government;
(6) serve as staff of the joint committee;
(7) perform such other functions and duties as provided by law or as directed by the legislative coordinating council or the joint committee;
(8) consult and obtain approval from the revisor of statutes prior to taking action on topics related to confidentiality of information, the open records act, K.S.A. 45-215 et seq., and amendments thereto, the open meetings act, K.S.A. 75-4317 et seq., and amendments thereto, and any other legal matter related to information technology;
(9) ensure that each legislative agency has the necessary information technology and cybersecurity staff imbedded within the agency to accomplish the agency's duties;
(10) maintain all third-party data centers at locations within the United States or with companies that are based in the United States; and
(11) create a database of all electronic devices within the branch and ensure that each device is inventoried, cataloged and tagged with an inventory device.
(b) An employee of the Kansas legislative office of information services or the division of legislative administrative services shall not disclose confidential information of a legislative agency.
(c) The legislative chief information technology officer may make a request to the adjutant general to permit the Kansas national guard in a state active duty capacity to perform vulnerability assessments or other assessments of the branch for the purpose of enhancing security. During such vulnerability assessments, members performing the assessment shall, to the extent possible, ensure that no harm is done to the systems being assessed. The legislative chief information technology officer shall notify the legislative agency that owns the information systems being assessed about such assessement and coordinate to mitigate the security risk.
History: L. 1998, ch. 182, § 8; L. 2023, ch. 75, § 8; L. 2024, ch. 95, § 26; July 1.
(a) There is hereby established the position of legislative branch chief information security officer. The legislative chief information security officer shall be in the unclassified service under the Kansas civil service act, shall be appointed by the legislative coordinating council and shall receive compensation determined by the legislative coordinating council.
(b) The legislative chief information security officer shall:
(1) Report to the legislative chief information technology officer;
(2) establish security standards and policies to protect the branch's information technology systems and infrastructure in accordance with subsection (c);
(3) ensure the confidentiality, availability and integrity of the information transacted, stored or processed in the branch's information technology systems and infrastructure;
(4) develop a centralized cybersecurity protocol for protecting and managing legislative branch information technology assets and infrastructure;
(5) detect and respond to security incidents consistent with information security standards and policies;
(6) be responsible for the cybersecurity of all legislative branch data and information resources and obtain approval from the revisor of statutes prior to taking any action on any matter that involves a legal issue related to the security of information technology;
(7) collaborate with the chief information security officers of the other branches of state government to respond to cybersecurity incidents;
(8) ensure that all legislators and legislative branch employees complete cybersecurity awareness training annually and if an employee does not complete the required training, such employee's access to any state-issued hardware or the state network is revoked;
(9) review all contracts related to information technology entered into by a person or entity within the legislative branch to make efforts to reduce the risk of security vulnerabilities within the supply chain or product and ensure each contract contains standard security language; and
(10) coordinate with the United States cybersecurity and infrastructure security agency to perform annual audits of legislative branch agencies for compliance with applicable state and federal laws, rules and regulations and legislative branch policies and standards. The legislative chief information security officer shall make an audit request to such agency annually, regardless of whether or not such agency has the capacity to perform the requested audit.
(c) The legislative chief information security officer shall develop a cybersecurity program of each legislative agency that complies with the national institute of standards and technology cybersecurity framework (CSF) 2.0, as in effect on July 1, 2024. The legislative chief information security officer shall ensure that such programs achieve a CSF tier of 3.0 prior to July 1, 2028, and a CSF tier of 4.0 prior to July 1, 2030. The agency head of each legislative agency shall coordinate with the legislative chief information security officer to achieve such standards.
(d) (1) If an audit conducted pursuant to subsection (b)(10) results in a failure, the legislative chief information security officer shall report such failure to the speaker and minority leader of the house of representatives and the president and minority leader of the senate within 30 days of receiving notice of such failure. Such report shall contain a plan to mitigate any security risks identified in the audit. The legislative chief information security officer shall coordinate for an additional audit after the mitigation plan is implemented and report the results of such audit to the speaker and minority leader of the house of representatives and the president and minority leader of the senate.
(2) Results of audits conducted pursuant to subsection (b)(10) and the reports described in subsection (d)(1) shall be confidential and shall not be subject to discovery or disclosure pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto.
(e) This section shall expire on July 1, 2026.
History: L. 2024, ch. 95, § 3; July 1.
(a) (1) Whenever an agency proposes an information technology project, such agency shall prepare and submit information technology project documentation to the chief information technology officer of the branch of state government of which the agency is a part. Such information technology project documentation shall:
(A) Include a financial plan showing the proposed source of funding and categorized expenditures for each phase of the project and cost estimates for any needs analyses or other investigations, consulting or other professional services, computer programs, data, equipment, buildings or major repairs or improvements to buildings and other items or services necessary for the project; and
(B) be consistent with:
(i) Information technology resource policies and procedures and project management methodologies for all state agencies;
(ii) an information technology architecture, including telecommunications systems, networks and equipment, that covers all state agencies;
(iii) standards for data management for all state agencies; and
(iv) a strategic information technology management plan for the state.
(2) Any information technology project with significant business risk, as determined pursuant to the information technology executive council's policies or policies adopted by the judicial branch or the legislative coordinating council, shall be presented to the joint committee on information technology by such branch chief information technology officer.
(b) (1) Prior to the release of any request for proposal for an information technology project with significant business risk:
(A) Specifications for bids or proposals for such project shall be submitted to the chief information technology officer of the branch of state government of which the agency or agencies are a part. Information technology projects requiring chief information technology officer approval shall also require the chief information technology officer's written approval on specifications for bids or proposals; and
(B) (i) The chief information technology officer of the appropriate branch over the state agency or agencies that are involved in such project shall submit the project, the project plan, including the architecture, and the cost-benefit analysis to the joint committee on information technology to advise and consult on the project. Such chief information technology officer shall submit such information to each member of the joint committee and to the director of the legislative research department. Each such project plan summary shall include a notice specifying the date the summary was mailed or emailed. After receiving any such project plan summary, each member shall review the information and may submit questions, requests for additional information or request a presentation and review of the proposed project at a meeting of the joint committee. If two or more members of the joint committee contact the director of the legislative research department within seven business days of the date specified in the summary description and request that the joint committee schedule a meeting for such presentation and review, then the director of the legislative research department shall notify the chief information technology officer of the appropriate branch, the head of such agency and the chairperson of the joint committee that a meeting has been requested for such presentation and review on the next business day following the members' contact with the director of the legislative research department. Upon receiving such notification, the chairperson shall call a meeting of the joint committee as soon as practicable for the purpose of such presentation and review and shall furnish the chief information technology officer of the appropriate branch and the head of such agency with notice of the time, date and place of the meeting. Except as provided in subsection (b)(1)(B)(ii), the state agency shall not authorize or approve the release of any request for proposal or other bid event for an information technology project without having first advised and consulted with the joint committee at a meeting.
(ii) The state agency or agencies shall be deemed to have advised and consulted with the joint committee about such proposed release of any request for proposal or other bid event for an information technology project and may authorize or approve such proposed release of any request for proposal or other bid event for an information technology project if:
(a) Fewer than two members of the joint committee contact the director of the legislative research department within seven business days of the date the project plan summary was mailed and request a committee meeting for a presentation and review of any such proposed request for proposal or other bid event for an information technology project; or
(b) a committee meeting is requested by at least two members of the joint committee pursuant to this paragraph, but such meeting does not occur within two calendar weeks of the chairperson receiving the notification from the director of the legislative research department of a request for such meeting.
(2) (A) Agencies are prohibited from contracting with a vendor to implement the project if that vendor prepared or assisted in the preparation of the program statement, the project planning documents or any other project plans prepared prior to the project being approved by the chief information technology officer as required by this section.
(B) Information technology projects with an estimated cumulative cost of less than $5,000,000 are exempted from the provisions of subparagraph (A).
(C) The provisions of subparagraph (A) may be waived with prior written permission from the chief information technology officer.
(c) Annually at the time specified by the chief information technology officer of the branch of state government of which the agency is a part, each agency shall submit to such officer:
(1) A copy of a three-year strategic information technology plan that sets forth the agency's current and future information technology needs and utilization plans for the next three ensuing fiscal years, in such form and containing such additional information as prescribed by the chief information technology officer; and
(2) any deviations from the state information technology architecture adopted by the information technology executive council.
(d) The provisions of this section shall not apply to the information network of Kansas (INK).
History: L. 1998, ch. 182, § 9; L. 2018, ch. 89, § 39; L. 2023, ch. 75, § 9; L. 2024, ch. 95, § 28; July 1.
Not later than November 1 of each year, the executive, judicial and legislative chief information technology officers shall submit to the joint committee and to the legislative research department all information technology project budget estimates and amendments and revisions thereto, all three-year plans and all deviations from the state information technology architecture submitted to such officers pursuant to K.S.A. 75-7209, and amendments thereto. The joint committee shall review all such estimates and amendments and revisions thereto, plans and deviations and shall make recommendations to the house standing committee on appropriations and the senate standing committee on ways and means regarding the merit thereof and appropriations therefor.
History: L. 1998, ch. 182, § 10; L. 2001, ch. 25, § 1; L. 2023, ch. 75, § 10; July 1.
(a) The joint committee shall monitor state agency execution of reported information technology projects. The joint committee shall require the three chief information technology officers to report progress regarding the implementation of such projects and all proposed expenditures therefor, including all revisions to such proposed expenditures for the current fiscal year and for ensuing fiscal years.
(b) For information technology projects, the joint committee may:
(1) Require the head of any state agency with primary responsibility for an information technology project to advise and consult on the status and progress of such information technology project, including revisions to expenditures for the current fiscal year and ensuing fiscal years; and
(2) report on the status and progress of such information technology projects to the senate standing committee on ways and means, the house of representatives standing committee on appropriations and the legislative budget committee.
(c) Prior to authorizing or approving any information technology project change or overrun, the head of a state agency with primary responsibility for such information technology project shall report all such information technology project changes or overruns to the joint committee through the chief information technology officer of the branch of state government of which the agency is a part pursuant to the information technology executive council's policy. The joint committee shall report all such changes and overruns to the senate standing committee on ways and means, the house of representatives standing committee on appropriations and the legislative budget committee.
History: L. 1998, ch. 182, § 11; L. 2023, ch. 75, § 11; July 1.
(a) The Kansas information resources council established by K.S.A. 75-4740 and the office of the chief information architect established by K.S.A. 75-4742 are hereby abolished.
(b) The unexpended budgeted balance of any appropriation for the Kansas information resources council as a result of any abolishment by this section shall be and is hereby transferred to the information technology executive council created by this act. The unexpended budgeted balance of any appropriation for the position of chief information architect as a result of any abolishment by this section shall be and is hereby transferred to the legislative coordinating council — operations account.
(c) Whenever the Kansas information resources council is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the information technology executive council created by this act. Whenever the position of chief information architect or the office of the chief information architect is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the position of chief information technology architect or the office of the chief information technology architect created by this act or to the position of executive chief information technology officer, as determined appropriate in accordance with the provisions of this act.
(d) The information technology executive council created by this act shall succeed to all property and records that were used for, or pertain to, the performance of the powers, duties and functions of the Kansas information resources council abolished by this act. The office of the chief information technology architect created by this act shall succeed to all property and records that were used for, or pertain to, the performance of the powers, duties and functions of the office of the chief information architect abolished by this act. Any conflict as to the proper disposition of such property or records arising under this section and resulting from the transfer or abolishment of any existing state agency, or the powers, duties and functions thereof, shall be determined by the governor, whose decision shall be final.
(e) Any conflict 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, shall be resolved by the governor, and the decision of the governor shall be final.
(f) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or that could have been commenced, by or against the Kansas information resources council, or by or against the office of the chief information architect or the chief information architect in the chief information architect's official capacity or in relation to the discharge of official duties, shall abate by reason of the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the information technology executive council, the office of the chief information technology architect or the chief information technology architect.
(g) No criminal action commenced or that could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1998, ch. 182, § 12; May 21.
This act may be cited as the KAN-ED act.
History: L. 2001, ch. 136, § 1; April 26.
As used in this act, unless the context requires otherwise:
(a) "Board" means the state board of regents.
(b) "Broadband technology-based video communication" means a class of communications technologies which may include switched ethernet services, DSL, cable modem, private line service, multiprotocol label switching (MPLS) based networks, managed or dedicated internet technologies and other future technologies capable of supporting such applications.
(c) "Hospital" means a licensed hospital, as defined in K.S.A. 65-425, and amendments thereto.
(d) "Library" means: (1) The state library; (2) any public library established and operating under the laws of this state; or (3) any regional system of cooperating libraries, as defined in K.S.A. 75-2548, and amendments thereto.
(e) "Program" means the KAN-ED program created pursuant to this act to facilitate schools', libraries' and hospitals' use of broadband technology-based video communication for distance learning and telemedicine.
(f) "School" means: (1) Any unified school district, school district interlocal cooperative, school district cooperative or nonpublic school accredited by the state board of education; or (2) any community college, technical college, the institute of technology at Washburn university or Kansas educational institution, as defined in K.S.A. 74-32,120, and amendments thereto.
History: L. 2001, ch. 136, § 2; L. 2011, ch. 97, § 46; L. 2012, ch. 173, § 4; June 7.
(a) The purpose of this act is to provide for a broadband technology-based program to facilitate use of broadband technology-based video communication for distance learning and telemedicine by schools, libraries and hospitals.
(b) To carry out the purpose of this act, the state board of regents may contract in accordance with this act for goods and services necessary to administer such program.
(c) The program shall not provide for: (1) Impairment of any existing contract for the provision of telecommunications services or internet services to any school, library or hospital; (2) state ownership or construction of any network facilities other than those owned or being constructed by the state on the effective date of this act; (3) switched voice access, except to the extent switched access is being provided by state-owned, leased or operated facilities as of the effective date of this act; (4) transmission of voice over internet or voice over internet protocol, except to the extent necessary to facilitate interactive two-way video; (5) content; or (6) use of the program for purposes inconsistent with the purposes of this act.
History: L. 2001, ch. 136, § 3; L. 2008, ch. 133, § 1; L. 2012, ch. 173, § 5; June 7.
(a) The board shall:
(1) Provide a program to facilitate the use of broadband technology-based video communication for distance learning and telemedicine by schools, libraries and hospitals;
(2) transition schools, libraries and hospitals that have a direct KAN-ED connection as of January 1, 2012, to a commercially provided broadband internet connection no later than June 30, 2013. At the time a school, library or hospital has been transitioned off a KAN-ED connection, the board shall pay up to $350 per month to such school, library or hospital for the cost of broadband service until June 30, 2013;
(3) provide the secretary of commerce any information necessary to conduct the needs assessment described in subsection (b);
(4) assist schools, libraries and hospitals to apply for federal grants to be used for purposes consistent with this act; and
(5) collect data regarding:
(A) Distance learning and telemedicine usage; and
(B) the volume of data accessed.
The board shall develop a methodology for updating and validating any data collected for periodic revisions of the program, standards and priorities.
(b) (1) The secretary of commerce shall facilitate the execution of the needs assessment and the creation of the report. The secretary shall contract with a third party that has expertise in telecommunications services for educational institutions to conduct such needs assessment and create such report.
(2) The needs assessment shall include, for each school, library and hospital connected to the network as of January 1, 2012: Current and future broadband service and quality needs and a determination of all KAN-ED expenses for shared services or infrastructure, including any costs deferred by federal moneys, that are providing services and network connections. Based on the results of the needs assessment, the secretary of commerce, in coordination with the third party contractor, shall create a report that: (A) Compares the utilization, efficiency and effectiveness of KAN-ED to other similar programs in other states for schools, libraries and hospitals; (B) determines if the KAN-ED program, as of the effective date of this act, is worth its cost in terms of price, service, quality, needed network upgrades and increased utilization of broadband by schools, libraries and hospitals; (C) determines if there are alternative models or opportunities for broadband procurement by schools, libraries and hospitals; (D) determines if the services and applications offered by KAN-ED lead to full utilization of broadband technology by schools, libraries, hospitals and their surrounding communities; and (E) recommends any cost-effective broadband services that are available.
(3) The board shall reimburse the cost of conducting such needs assessment and report described in paragraph (2), not to exceed $250,000.
(4) The results of such needs assessment and the report shall be submitted to the board on or before January 1, 2013.
(c) The board may request and receive assistance from any school, any library, any hospital, the state corporation commission, any other agency of the state or any telecommunications, cable or other communications services provider to gather necessary data to implement such program.
(d) The board shall establish: (1) Technical standards for operation and maintenance of the program; (2) the method of monitoring operations of the program; and (3) the method or methods of adjusting the program to reflect the needs of schools, libraries and hospitals as determined by the needs assessment or ongoing data collection for each such entity. Such standards and methods shall be included in the board's report to the legislature pursuant to K.S.A. 75-7226, and amendments thereto.
(e) Based on the findings of the needs assessments or collected data, the board shall develop a plan to: (1) Facilitate the use of broadband technology-based video communication for distance learning and telemedicine by schools, libraries and hospitals; and (2) transition schools, libraries and hospitals that have a direct KAN-ED connection as of January 1, 2012, to a commercially provided broadband internet connection no later than June 30, 2013. The plan may require users of the program to bear part of its cost. Such plan shall be included in the board's report to the legislature pursuant to K.S.A. 75-7226, and amendments thereto.
(f) The board may appoint such advisory committees as the board determines necessary to carry out the purposes of this act. The membership of advisory committees may include both members of the board and persons who are not board members. Such advisory committees, to the extent appropriate, shall include both communications services providers and participants knowledgeable about topics such as network facilities and services, distance learning and telemedicine, user training and such other topics as may be necessary or useful. Members of advisory committees appointed by the board shall receive amounts provided for in subsection (e) of K.S.A. 75-3223, and amendments thereto.
(g) The board shall have all other powers necessary to achieve the purposes of this act, including, but not limited to, the power to: (1) Fix, charge and collect user fees for services provided by the KAN-ED program in accordance with the plan developed pursuant to subsection (e); and (2) receive any appropriations, fees, donations, grants, bequests and devises, conditional and otherwise, of money, property, services or other things of value for the purposes of this act.
(h) The state department of education, the office of information technology services of the department of administration, the state corporation commission and all other state agencies shall cooperate with the board in providing information and other assistance requested by the board for the performance of its duties pursuant to this act at no cost to such agencies.
History: L. 2001, ch. 136, § 4; L. 2012, ch. 173, § 6; L. 2013, ch. 110, § 13; July 1.
(a) There is hereby created in the state treasury the KAN-ED fund. The board shall remit to the state treasurer all moneys received by or on behalf of the board for the purposes of this act. Upon receipt of the remittance, the state treasurer shall deposit the entire amount in the state treasury and credit it to the KAN-ED fund.
(b) Moneys in the KAN-ED fund shall be expended only for the purposes of this act.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the KAN-ED fund interest earnings based on:
(1) The average daily balance of moneys in the fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(d) All expenditures from the KAN-ED 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 the chairperson's designee for the purposes set forth in this section.
History: L. 2001, ch. 136, § 5; April 26.
(a) On or before January 15 of each year, the board shall publish an annual report and shall present the report to the legislature, governor and department of education. The report shall set forth in detail the operations and transactions conducted by the board pursuant to this act. The annual report shall specifically account for the ways in which the purpose of this act have been carried out, and the recommendations shall specifically note what changes are necessary to better address the purposes described in this act.
(b) On or before January 15, 2013, the board shall report to the senate standing committees on utilities and ways and means, the house standing committees on energy and utilities and appropriations and the joint committee on information technology. Such report shall include:
(1) Distance learning and telemedicine usage;
(2) options for a shared resource fee structure for schools, libraries and hospitals for distance learning and telemedicine usage;
(3) options to fund the KAN-ED program for fiscal year 2014;
(4) the standards and methods established by the board pursuant to subsection (c) [(d)] of K.S.A. 75-7224, and amendments thereto; and
(5) the plan developed by the board pursuant to subsection (d) [(e)] of K.S.A. 75-7224, and amendments thereto.
History: L. 2001, ch. 136, § 6; L. 2005, ch. 192, § 2; L. 2012, ch. 173, § 7; June 7.
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. To this end the provisions of this act are severable.
History: L. 2001, ch. 136, § 7; April 26.
History: L. 2005, ch. 192, § 4; Repealed, L. 2012, ch. 173, § 8; June 7.
K.S.A. 75-7236 through 75-7243, and amendments thereto, shall be known and may be cited as the Kansas cybersecurity act.
History: L. 2018, ch. 97, § 1; July 1.
As used in K.S.A. 75-7236 through 75-7243, and amendments thereto:
(a) "Act" means the Kansas cybersecurity act.
(b) "Breach" or "breach of security" means unauthorized access of data in electronic form containing personal information. Good faith access of personal information by an employee or agent of an executive branch agency does not constitute a breach of security, provided that the information is not used for a purpose unrelated to the business or subject to further unauthorized use.
(c) "CISO" means the executive branch chief information security officer.
(d) "Cybersecurity" means the body of information technologies, processes and practices designed to protect networks, computers, programs and data from attack, damage or unauthorized access.
(e) "Cybersecurity positions" do not include information technology positions within executive branch agencies.
(f) "Data in electronic form" means any data stored electronically or digitally on any computer system or other database and includes recordable tapes and other mass storage devices.
(g) "Executive branch agency" means any agency in the executive branch of the state of Kansas, including the judicial council but not the elected office agencies, the adjutant general's department, regents' institutions, or the board of regents.
(h) "KISO" means the Kansas information security office.
(i) (1) "Personal information" means:
(A) An individual's first name or first initial and last name, in combination with at least one of the following data elements for that individual:
(i) Social security number;
(ii) driver's license or identification card number, passport number, military identification number or other similar number issued on a government document used to verify identity;
(iii) financial account number or credit or debit card number, in combination with any security code, access code or password that is necessary to permit access to an individual's financial account;
(iv) any information regarding an individual's medical history, mental or physical condition or medical treatment or diagnosis by a healthcare professional; or
(v) an individual's health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual; or
(B) a user name or email address, in combination with a password or security question and answer that would permit access to an online account.
(2) "Personal information" does not include information:
(A) About an individual that has been made publicly available by a federal agency, state agency or municipality; or
(B) that is encrypted, secured or modified by any other method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable.
(j) "State agency" means the same as defined in K.S.A. 75-7201, and amendments thereto.
History: L. 2018, ch. 97, § 2; L. 2023, ch. 75, § 12; L. 2024, ch. 95, § 30; July 1.
(a) There is hereby established the position of executive branch chief information security officer (CISO). The executive CISO shall be in the unclassified service under the Kansas civil service act, shall be appointed by the governor and shall receive compensation in an amount fixed by the governor.
(b) The executive CISO shall:
(1) Report to the executive branch chief information technology officer;
(2) establish security standards and policies to protect the branch's information technology systems and infrastructure in accordance with subsection (c);
(3) ensure the confidentiality, availability and integrity of the information transacted, stored or processed in the branch's information technology systems and infrastructure;
(4) develop a centralized cybersecurity protocol for protecting and managing executive branch information technology assets and infrastructure;
(5) detect and respond to security incidents consistent with information security standards and policies;
(6) be responsible for the cybersecurity of all executive branch data and information resources;
(7) collaborate with the chief information security officers of the other branches of state government to respond to cybersecurity incidents;
(8) ensure that the governor and all executive branch employees complete cybersecurity awareness training annually and that if an employee does not complete the required training such employee's access to any state-issued hardware or the state network is revoked; and
(9) review all contracts related to information technology entered into by a person or entity within the executive branch to make efforts to reduce the risk of security vulnerabilities within the supply chain or product and ensure each contract contains standard security language.
(c) The executive CISO shall develop a cybersecurity program for each executive branch agency that complies with the national institute of standards and technology cybersecurity framework (CSF) 2.0, as in effect on July 1, 2024. The executive CISO shall ensure that such programs achieve a CSF tier of 3.0 prior to July 1, 2028, and a CSF tier of 4.0 prior to July 1, 2030. The agency head of each executive branch agency shall coordinate with the executive CISO to achieve such standards.
History: L. 2018, ch. 97, § 3; L. 2023, ch. 75, § 13; L. 2024, ch. 95, § 32; July 1.
(a) There is hereby established within and as a part of the office of information technology services the Kansas information security office. The Kansas information security office shall be administered by the executive CISO and be staffed appropriately to effect the provisions of the Kansas cybersecurity act.
(b) For the purpose of preparing the governor's budget report and related legislative measures submitted to the legislature, the Kansas information security office, established in this section, shall be considered a separate state agency and shall be titled for such purpose as the "Kansas information security office." The budget estimates and requests of such office shall be presented as from a state agency separate from the office of information technology services, and such separation shall be maintained in the budget documents and reports prepared by the director of the budget and the governor, or either of them, including all related legislative reports and measures submitted to the legislature.
(c) Under direction of the executive CISO, the KISO shall:
(1) Administer the Kansas cybersecurity act;
(2) develop, implement and monitor strategic and comprehensive information security risk-management programs;
(3) facilitate a metrics, logging and reporting framework to measure the efficiency and effectiveness of state information security programs;
(4) provide the executive branch strategic risk guidance for information technology projects, including the evaluation and recommendation of technical controls;
(5) coordinate with the United States cybersecurity and infrastructure security agency to perform annual audits of executive branch agencies for compliance with applicable state and federal laws, rules and regulations and executive branch policies and standards. The executive CISO shall make an audit request to such agency annually, regardless of whether or not such agency has the capacity to perform the requested audit;
(6) perform audits of executive branch agencies for compliance with applicable state and federal laws, rules and regulations, executive branch policies and standards and policies and standards adopted by the information technology executive council;
(7) coordinate the use of external resources involved in information security programs, including, but not limited to, interviewing and negotiating contracts and fees;
(8) liaise with external agencies, such as law enforcement and other advisory bodies as necessary, to ensure a strong security posture;
(9) assist in the development of plans and procedures to manage and recover business-critical services in the event of a cyberattack or other disaster;
(10) coordinate with executive branch agencies to provide cybersecurity staff to such agencies as necessary;
(11) ensure a cybersecurity awareness training program is made available to all branches of state government; and
(12) perform such other functions and duties as provided by law and as directed by the CISO.
(d) (1) If an audit conducted pursuant to subsection (c)(5) results in a failure, the executive CISO shall report such failure to the speaker and minority leader of the house of representatives and the president and minority leader of the senate within 30 days of receiving notice of such failure. Such report shall contain a plan to mitigate any security risks identified in the audit. The executive CISO shall coordinate for an additional audit after the mitigation plan is implemented and report the results of such audit to the speaker and minority leader of the house of representatives and the president and minority leader of the senate.
(2) Results of audits conducted pursuant to subsection (c)(5) and the reports described in subsection (d)(1) shall be confidential and shall not be subject to discovery or disclosure pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto.
(e) There is hereby created in the state treasury the information technology security 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 CISO or by a person designated by the executive CISO.
History: L. 2018, ch. 97, § 4; L. 2023, ch. 75, § 14; L. 2024, ch. 95, § 34; July 1.
(a) The executive branch agency heads shall:
(1) Be responsible for security of all data and information technology resources under such agency's purview, irrespective of the location of the data or resources;
(2) designate an information security officer to administer the agency's information security program that reports directly to executive leadership;
(3) participate in CISO-sponsored statewide cybersecurity program initiatives and services;
(4) ensure that if an agency owns, licenses or maintains computerized data that includes personal information, confidential information or information, the disclosure of which is regulated by law, such agency shall, in the event of a breach or suspected breach of system security or an unauthorized exposure of that information:
(A) Comply with the notification requirements set out in K.S.A. 50-7a01 et seq., and amendments thereto, and applicable federal laws and rules and regulations, to the same extent as a person who conducts business in this state; and
(B) not later than 12 hours after the discovery of the breach, suspected breach or unauthorized exposure, notify:
(i) The CISO; and
(ii) if the breach, suspected breach or unauthorized exposure involves election data, the secretary of state.
(b) The director or head of each state agency shall:
(1) Participate in annual agency leadership training to ensure understanding of:
(A) The potential impact of common types of cyberattacks and data breaches on the agency's operations and assets;
(B) how cyberattacks and data breaches on the agency's operations and assets may impact the operations and assets of other governmental entities on the state enterprise network;
(C) how cyberattacks and data breaches occur; and
(D) steps to be undertaken by the executive director or agency head and agency employees to protect their information and information systems; and
(2) coordinate with the executive CISO to implement the security standard described in K.S.A. 75-7238, and amendments thereto.
History: L. 2018, ch. 97, § 5; L. 2023, ch. 75, § 15; L. 2023, ch. 91, § 6; L. 2024, ch. 95, § 36; July 1.
(a) An executive branch agency head, with input from the CISO, shall require an employee to be fingerprinted and to submit to a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto, at least every five years.
(b) As used in this section, "employee" means a person who has submitted an application for employment or is currently employed by or contracting with an executive branch agency whose duties include collection, maintenance or access to personal information.
History: L. 2018, ch. 97, § 6; L. 2024, ch. 15, § 103; July 1.
Information collected to effectuate this act shall be considered confidential by all state and local governmental organizations unless all data elements or information that specifically identifies a target, vulnerability or weakness that would place the organization at risk have been redacted, including: (a) System information logs; (b) vulnerability reports; (c) risk assessment reports; (d) system security plans; (e) detailed system design plans; (f) network or system diagrams; and (g) audit reports.
History: L. 2018, ch. 97, § 7; L. 2023, ch. 75, § 16; L. 2023, ch. 91, § 7; July 1.
Executive branch agencies may pay for cybersecurity services from existing budgets, from grants or other revenues, or through a special assessment to offset costs. Any executive branch agency's increase in fees or charges related to this act, including cybersecurity fees charged by the KISO, shall be fixed by rules and regulations adopted by the agency and shall be used only for cybersecurity and no other purpose. Service or transactions with an applied cybersecurity cost recovery fee may indicate the portion of the fee dedicated to cybersecurity on all receipts and transaction records.
History: L. 2018, ch. 97, § 8; July 1.
(a) Except as provided in subsection (b):
(1) Any public entity that has a significant cybersecurity incident shall notify the Kansas information security office within 12 hours after discovery of such incident.
(2) Any government contractor that has a significant cybersecurity incident that involves the confidentiality, integrity or availability of personal information or confidential information provided by the state of Kansas, networks or information systems operated by or on behalf of the state of Kansas shall notify the Kansas information security office:
(A) Within 72 hours after the government contractor reasonably believes that such significant cybersecurity incident occurred; or
(B) if a determination is made during the investigation that such information, networks or systems were directly impacted, within 12 hours after such determination is made.
(3) If a significant cybersecurity incident described in paragraph (1) or (2) involves election data, then the public entity or government contractor shall also notify the secretary of state of such incident within the time period required by paragraph (1) or (2).
(b) (1) Any entity that is connected to the Kansas criminal justice information system shall report any cybersecurity incident in accordance with rules and regulations adopted by the Kansas criminal justice information system committee pursuant to K.S.A. 74-5704, and amendments thereto.
(2) An entity that is connected to the Kansas criminal justice information system and is not connected to any other state of Kansas information system shall not be required to make the report required in subsection (a).
(3) The Kansas bureau of investigation shall notify the Kansas information security office of any significant cybersecurity incident report it receives in accordance with rules and regulations adopted pursuant to K.S.A. 74-5704, and amendments thereto, not later than 12 hours after receipt of such report.
(c) (1) The information provided pursuant to this section shall only be shared with individuals who need to know such information for response and defensive activities to preserve the integrity of state information systems and networks or to provide assistance if requested.
(2) Such information shall be confidential and shall not be subject to disclosure pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto. This paragraph shall expire on July 1, 2028, unless the legislature reviews and acts to continue such provision pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2028.
(3) The Kansas information security office shall only report the information provided pursuant to this section as aggregate data.
(d) Nothing in this section shall be construed to supersede notification requirements in currently existing contracts between the state of Kansas and entities.
(e) Prior to October 1, 2023, the Kansas information security office shall post instructions on its website for submitting the significant cybersecurity reports required by this section. Such instructions shall include, but not be limited to, the types of incidents that are required to be reported and any information that is required to be included in the report made through the established cybersecurity incident reporting system.
(f) For the purposes of this section:
(1) "Cybersecurity incident" means an event or combination that threatens, without lawful authority, the confidentiality, integrity or availability of information or information systems and that requires an entity to initiate a response or recovery activity;
(2) "entity" means a public entity or government contractor;
(3) "government contractor" means an individual or private entity that performs work for or on behalf of the state of Kansas on a contract basis that has access to or is hosting state networks, systems, application or information;
(4) "information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination or disposition of information;
(5) "personal information" means the same as defined in K.S.A. 50-7a01, and amendments thereto;
(6) "private entity" means an individual, corporation, company, partnership, firm, association or other entity that is not a public entity;
(7) "public entity" means any public agency of the state or any political subdivision thereof;
(8) "security breach" means the same as defined in K.S.A. 50-7a01, and amendments thereto;
(9) "significant cybersecurity incident" means a cybersecurity incident that results in or is likely to result in financial loss or demonstrable harm to public confidence or public health and safety in the state of Kansas; and
(10) "unauthorized disclosure" means the accidental exposure of personal information to a person or entity that is not authorized or does not have a valid need to view the information.
History: L. 2023, ch. 75, § 1; July 1.
(a) On and after July 1, 2027, all cybersecurity services for each branch of state government shall be administered by the chief information technology officer and the chief information security officer of such branch. All cybersecurity employees within the legislative and executive branches of state government shall work at the direction of the chief information technology officer of the branch.
(b) Prior to January 1, 2026:
(1) The information technology executive council shall develop a plan to integrate all executive branch information technology services into the office of information technology services. The council shall consult with each agency head when developing such plan.
(2) The judicial chief information technology officer shall develop an estimated project cost to provide information technology to judicial agencies and all employees of such agencies, including state and county-funded judicial branch district court employees. Such employees shall be required to use such state-issued information technology hardware. The project cost developed pursuant to this paragraph shall include, in consultation with the executive branch information technology officer, a plan to allow each piece of information technology hardware that is used by a judicial branch employee to access a judicial branch application to have access to the KANWIN network and an estimated project cost to develop a cybersecurity program for all judicial districts that complies with the national institute of standards and technology cybersecurity framework (CSF) 2.0, as in effect on July 1, 2024.
(c) The information technology executive council shall report the plan developed pursuant to subsection (b) to the senate standing committee on ways and means and the house standing committee on legislative modernization or its successor committee prior to January 15, 2026.
(d) Prior to February 1, 2025, every website that is maintained by a branch of government or state agency shall be moved to a ".gov" domain.
(e) On July 1, 2025, and each year thereafter, moneys appropriated from the state general fund to or any special revenue fund of any state agency for information technology and cybersecurity expenditures shall be appropriated as a separate line item and shall not be merged with other items of appropriation for such state agency to allow for detailed review by the senate committee on ways and means and the house of representatives committee on appropriations during each regular legislative session.
(f) The provisions of this section do not apply to state educational institutions as defined in K.S.A. 76-711, and amendments thereto.
(g) This section shall expire on July 1, 2026.
History: L. 2024, ch. 95, § 1; July 1.
(a) On July 1, 2028, and each year thereafter, the director of the budget, in consultation with the legislative, executive and judicial chief information technology officers as appropriate, shall determine if each state agency is in compliance with the provisions of this act* for the previous fiscal year. If the director of the budget determines that a state agency is not in compliance with the provisions of this act for such fiscal year, the director shall certify an amount equal to 5% of the amount:
(1) Appropriated and reappropriated from the state general fund for such state agency for such fiscal year; and
(2) credited to and available in each special revenue fund for such state agency in such fiscal year. If during any fiscal year, a special revenue fund has no expenditure limitation, then an expenditure limitation shall be established for such fiscal year on such special revenue fund by the director of the budget in an amount that is 5% less than the amount of moneys credited to and available in such special revenue fund for such fiscal year.
(b) The director of the budget shall submit a detailed written report to the legislature on or before the first day of the regular session of the legislature concerning such compliance determinations, including factors considered by the director when making such determination, and the amounts certified for each state agency for such fiscal year.
(c) During the regular session of the legislature, the senate committee on ways and means and the house of representatives committee on appropriations shall consider such compliance determinations and whether to lapse amounts appropriated and reappropriated and decrease the expenditure limitations of special revenue funds for such state agencies during the budget committee hearings for such noncomplying agency.
(d) This section shall expire on July 1, 2026.
History: L. 2024, ch. 95, § 4; July 1.
(a) The office of the state long-term care ombudsman is hereby attached to the department of administration. The office of the state long-term care ombudsman shall be in Topeka, Kansas. The secretary of administration shall provide such technical assistance and advice as the secretary deems reasonable and necessary to assist the state long-term care ombudsman office to function as an independent state agency. The secretary of administration and the department of administration shall have no authority over the state long-term care ombudsman, any regional long-term care ombudsman, any other ombudsman, including any volunteer ombudsman, or any other officer, employee or volunteer of the office of the state long-term care ombudsman with respect to the performance of any power, duty or function of the office or the exercise of any other authority of the office or the state long-term care ombudsman.
(b) For the fiscal year ending June 30, 2000, and for each fiscal year thereafter, the secretary of administration shall include the budget estimate of the office of the state long-term care ombudsman, as prepared and approved by the state long-term care ombudsman, along with the budget estimate prepared and submitted to the division of the budget for the department of administration under K.S.A. 75-3717, and amendments thereto. The budget estimate of the office of the state long-term care ombudsman for each such fiscal year shall be prepared at the direction and under the supervision of the state long-term care ombudsman. Expenditures from appropriations to the department of administration for the office of the state long-term care ombudsman, made pursuant to budget estimates for the office, shall be made on vouchers approved by the state long-term care ombudsman or the state long-term care ombudsman's designee. All vouchers for expenditures and all payrolls of the office of the state long-term care ombudsman shall be approved by the state long-term care ombudsman or the state long-term care ombudsman's designee.
History: L. 1998, ch. 101, § 1; June 14.
(a) The secretary for aging and disability services and the state long-term care ombudsman shall enter into agreements for the provision of financial assistance to the office by the Kansas department for aging and disability services from available state and federal funds of the Kansas department for aging and disability services. This financial assistance shall be to assist the office of the state long-term care ombudsman to provide ombudsman services in accordance with the long-term care ombudsman act, applicable federal programs and the provisions of this section.
(b) The secretary for aging and disability services shall monitor the state long-term care ombudsman program and its activities as set forth in the agreement. Such monitoring shall include an assessment of whether the state long-term care ombudsman program is performing all of the functions, responsibilities and duties set out in state and federal laws and regulations.
(c) Subject to the provisions of appropriation acts, the secretary for aging and disability services and the Kansas department for aging and disability services shall continue to provide financial assistance for the office of the state long-term care ombudsman in an aggregate amount of not less than the aggregate of the amounts provided during the fiscal year ending June 30, 1998, appropriately adjusted for increases attributable to inflation and other applicable factors.
(d) For each fiscal year, the secretary for aging and disability services shall include in the budget estimate prepared and submitted to the division of the budget for the Kansas department for aging and disability services under K.S.A. 75-3717, and amendments thereto, in addition to other amounts included in such budget estimate for the Kansas department for aging and disability services, amounts to be provided to the office of the state long-term care ombudsman during such fiscal year pursuant to this section. The amounts included in each such budget estimate to be provided to the office of the state long-term care ombudsman shall include amounts to be appropriated from moneys provided to the Kansas department for aging and disability services under the federal older Americans act, 42 U.S.C. § 3001 et seq., and amendments thereto, or other federal programs for the aging or from other moneys of the Kansas department for aging and disability services. In no case shall the aggregate of the amounts included in any such budget estimate of the Kansas department for aging and disability services, that are to be provided to the office of the state long-term care ombudsman, be less than the aggregate of all moneys provided during the fiscal year ending June 30, 1998, by the Kansas department for aging and disability services for the office of the state long-term care ombudsman from appropriations to the Kansas department for aging and disability services, including moneys received under the federal older Americans act, 42 U.S.C. § 3001 et seq., and amendments thereto, or under any other federal programs for the aging. The aggregate amounts included in each such budget estimate of the Kansas department for aging and disability services, that are to be provided to the office of the state long-term care ombudsman, shall be adjusted appropriately for increases attributable to inflation and other applicable factors.
History: L. 1998, ch. 101, § 2; L. 2014, ch. 115, § 404; L. 2018, ch. 38, § 1; July 1.
As used in the long-term care ombudsman act:
(a) "Ombudsman" means the state long-term care ombudsman, any regional long-term care ombudsman or any individual designated as an ombudsman under K.S.A. 75-7306(h), and amendments thereto, who has received the training required under K.S.A. 75-7306(f), and amendments thereto, and who has been designated by the state long-term care ombudsman to carry out the powers, duties and functions of the office of the state long-term care ombudsman.
(b) "Volunteer ombudsman" means an individual who has satisfactorily completed the training prescribed by the state long-term care ombudsman under K.S.A. 75-7306(f), and amendments thereto, who is a volunteer assisting in providing ombudsman services and who receives no payment for such service other than reimbursement for expenses incurred in accordance with guidelines adopted therefor by the state long-term care ombudsman.
(c) "Facility" means an adult care home as such term is defined in K.S.A. 39-923, and amendments thereto, except that facility does not include any nursing facility for mental health or any intermediate care facility for people with intellectual disability, as such terms are defined in K.S.A. 39-923, and amendments thereto.
(d) "Resident" means a resident as such term is defined in K.S.A. 39-923, and amendments thereto.
(e) "State long-term care ombudsman" means the individual appointed by the governor to administer the office of the state long-term care ombudsman.
(f) "Regional long-term care ombudsman" means an individual appointed by the state long-term care ombudsman under K.S.A. 75-7304, and amendments thereto.
(g) "Office" means the office of the state long-term care ombudsman.
(h) "Conflict of interest" means: (1) Having a pecuniary or other interest in a facility, but not including interests that result only from having a relative who is a resident or from being the guardian of a resident; (2) being actively employed or otherwise having active involvement in representation of or advocacy for any facility or group of facilities, whether or not such representation or advocacy is individual or through an association or other entity, but not including any such active involvement that results only from having a relative who is a resident or from being the guardian of a resident; (3) being employed by or having an active association with any entity that represents any resident or group of residents, including any area agency on aging, but not including any such active association that results only from having a relative who is a resident or from being the guardian of a resident; or (4) receipt of gifts, gratuities, money or compensation from a long-term care facility, its management, a resident or the resident's representative, in which the ombudsman or ombudsman's representative provides services.
(i) "Resident representative" means:
(1) An individual chosen by the resident to act on behalf of the resident in order to support the resident in decision-making; access medical, social or other personal information of the resident; manage financial matters; or receive notifications;
(2) a person authorized by state or federal law, including, but not limited to, agents under power of attorney, representative payees and other fiduciaries, to act on behalf of the resident in order to support the resident in decision-making; access medical, social or other personal information of the resident; manage financial matters; or receive notifications;
(3) the resident's legal representative, as used in the older Americans act; or
(4) the court-appointed guardian or conservator of a resident.
Nothing in the definition of "resident representative" shall be construed to expand the scope of authority of any resident representative beyond that authority specifically authorized by the resident, state or federal law or a court of competent jurisdiction.
History: L. 1980, ch. 291, § 1; L. 1990, ch. 328, § 6; L. 1998, ch. 101, § 4; L. 2012, ch. 91, § 67; L. 2018, ch. 38, § 2; July 1.
(a) On the effective date of this act, the office of the state long-term care ombudsman in existence on the day preceding such effective date is hereby abolished and there is hereby established the office of the state long-term care ombudsman, the head of which shall be the state long-term care ombudsman. In performance of the powers, duties and functions prescribed by law, the office shall be an independent state agency. The state long-term care ombudsman shall be appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. The term of office of the first person appointed as the state long-term care ombudsman on or after the effective date of this act shall expire on January 15, 2000, and such state long-term care ombudsman shall serve until a successor is appointed and confirmed. Thereafter, each person appointed as the state long-term care ombudsman shall have a term of office of four years and shall serve until a successor is appointed and confirmed. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as state long-term care ombudsman shall exercise any power, duty or function as state long-term care ombudsman until confirmed by the senate.
(b) The state long-term care ombudsman shall appoint each regional long-term care ombudsman and all officers and employees of the office of state long-term care ombudsman. Each regional long-term care ombudsman and all such officers and employees shall be within the classified service under the Kansas civil service act.
(c) In accordance with the provisions of this act, the state long-term care ombudsman shall administer the office of the state long-term care ombudsman.
(d) No person shall be eligible to be appointed to, or to hold, the office of state long-term care ombudsman if such person is subject to a conflict of interest or has been employed by or participated in the management of a long-term care facility within the previous 12-month period of time. No person shall be eligible for appointment as the state long-term care ombudsman unless such person has:
(1) A baccalaureate or higher degree from an accredited college or university;
(2) demonstrated abilities to analyze problems of law, administration and public policy; and
(3) experience in investigation, negotiation and conflict resolution procedures;
(4) demonstrated expertise in long-term care services and supports or other direct services for older persons or individuals with disabilities; and
(5) demonstrated expertise in leadership and program management skills.
(e) (1) On the effective date of this act, all of the powers, duties, functions, records and property of the office of the state long-term care ombudsman abolished by this section, which are prescribed for the office of the state long-term care ombudsman by this act, are hereby transferred to and conferred and imposed upon the office of the state long-term care ombudsman that is established by this section, except as is otherwise specifically provided by this act. On the effective date of this act, all of the powers, duties, functions, records and property of the secretary of aging or the department on aging, which relate to or are required for the performance of powers, duties or functions which are prescribed for the office of the state long-term care ombudsman or the state long-term care ombudsman by this act, including the power to expend funds now or hereafter made available in accordance with appropriation acts, are hereby transferred to and conferred and imposed upon the office of the state long-term care ombudsman and the state long-term care ombudsman that are established by this section, except as is otherwise specifically provided by this act.
(2) The office of the state long-term care ombudsman established by this section shall be the successor in every way to the powers, duties and functions of the office of the state long-term care ombudsman, the secretary of aging, or the department on aging in which such powers, duties and functions were vested prior to the effective date of this act, except as otherwise specifically provided by this act. Every act performed under the authority of the office of the state long-term care ombudsman established by this act shall be deemed to have the same force and effect as if performed by the office of the state long-term care ombudsman, the secretary of aging or the department on aging in which such powers, duties and functions were vested prior to the effective date of this act.
(3) Subject to the provisions of this act, whenever the office of the state long-term care ombudsman that is abolished by this act or the secretary on aging or the department on aging, or words of like effect, is referred to or designated by a statute, contract, or other document, and such reference or designation relates to a power, duty or function which is transferred to and conferred and imposed upon the office of the state long-term care ombudsman that is established by this act, such reference or designation shall be deemed to apply to the office of the state long-term care ombudsman established by this act.
(4) All policies, orders or directives of the office of the state long-term care ombudsman that is abolished by this act and all policies, orders or directives of the secretary of aging, which are in existence on the effective date of this act and which relate to powers, duties and functions that were vested in such office of the state long-term care ombudsman or the secretary of aging prior to such date, shall continue to be effective and shall be deemed to be the policies, orders or directives of the state long-term care ombudsman established by this act, until revised, amended or revoked or nullified pursuant to law. The office of the state long-term care ombudsman established by this act shall be deemed to be a continuation of the office of the state long-term care ombudsman abolished by this act.
(5) (A) The state long-term care ombudsman and the secretary of administration shall provide that all officers and employees of the department on aging, who are engaged in the exercise and performance of the powers, duties and functions of the programs of the office of the state long-term care ombudsman that are transferred by this act, are transferred to the office of the state long-term care ombudsman established by this section.
(B) Officers and employees of the department on aging transferred under this act shall retain all retirement benefits and leave rights which had accrued or vested prior to each date of transfer. The service of each officer or employee so transferred shall be deemed to be continuous. All transfers, layoffs and abolition of classified service positions under the Kansas civil service act which may result from program transfers under this 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 on aging prior to the date of transfer.
(C) If the state long-term care ombudsman and the secretary of aging cannot agree as to how any transfer of an officer or employee is to take place under this section, the state long-term care ombudsman and the secretary of administration shall be responsible for administering any layoff that is part of the transfer in accordance with this act.
(D) Notwithstanding the effective date of this act, the provisions of this act prescribing the transfer of officers and employees between the office of the state long-term care ombudsman established by this section and the department on aging, the date of transfer of each such officer or employee shall commence at the start of a payroll period.
History: L. 1980, ch. 291, § 2; L. 1990, ch. 328, § 7; L. 1998, ch. 101, § 5; L. 2008, ch. 121, § 34; L. 2018, ch. 38, § 3; July 1.
(a) The state long-term care ombudsman shall ensure that:
(1) No individual involved in the authorization of any individual to represent the office as an ombudsman or a volunteer ombudsman is subject to a conflict of interest;
(2) no officer, employee or other representative of the office is subject to a conflict of interest;
(3) policies and procedures are in place to identify and remedy all conflicts of interest specified under paragraphs (1) and (2);
(4) legal counsel is available to the office for advice and consultation and that legal representation is provided to any ombudsman against whom suit or other legal action is brought in connection with the performance of the ombudsman's official duties; and
(5) the office has the ability to pursue administrative, legal and other appropriate remedies on behalf of residents of facilities.
(b) The state long-term care ombudsman may enter into contracts with service providers to provide investigative, legal, public education, training or other services as may be required to assist the state long-term care ombudsman in providing ombudsman services to residents of facilities or as otherwise required to carry out the powers, duties and functions of the office. Contracts entered into under this subsection shall not be subject to the competitive bidding requirements of K.S.A. 75-3739, and amendments thereto. No contract may be entered into by the state long-term care ombudsman to privatize the office or to otherwise provide that all or substantially all of the ombudsman services or functions of the office are to be performed by one or more service providers.
(c) For the purposes of carrying out the powers and duties of the office of the state long-term care ombudsman, the state long-term care ombudsman may request and accept a grant or donation from any person, firm, association or corporation or from any federal, state or local governmental agency and may enter into contracts or other transactions with any such person or entity in connection with the grant or donation.
History: L. 1990, ch. 328, § 2; L. 1998, ch. 101, § 6; June 14.
The state long-term care ombudsman shall be an advocate of residents in facilities throughout the state. The state long-term care ombudsman shall:
(a) Investigate and resolve complaints made by or on behalf of the residents:
(1) Relating to action, inaction or decisions of providers, or representatives of providers, of long-term care, public agencies or health and social services agencies, except that complaints of abuse, neglect or exploitation of a resident may be referred to the secretary for aging and disability services in accordance with the provisions of K.S.A. 39-1401 et seq., and amendments thereto, with the resident or resident's representative's consent or as permitted by federal law; or
(2) regarding the welfare and rights of residents with respect to the appointment or activities of resident representatives;
(b) develop continuing programs to inform residents, their family members or other persons responsible for residents regarding the rights and responsibilities of residents and such other persons;
(c) provide the legislature and the governor with an annual report containing data, findings and outcomes regarding the types of problems experienced and complaints received by or on behalf of residents and containing policy, regulatory and legislative recommendations to solve such problems, resolve such complaints and improve the quality of care and life in facilities and present such report and other appropriate information and recommendations to the senate committee on public health and welfare, the senate committee on ways and means, the house of representatives committee on health and human services and the house of representatives committee on appropriations during each regular session of the legislature;
(d) analyze and monitor the development and implementation of federal, state and local government laws, rules and regulations, resolutions, ordinances and policies with respect to long-term care facilities and services provided in this state, and recommend any changes in such laws, regulations, resolutions, ordinances and policies deemed by the office to be appropriate;
(e) provide information to public and private agencies, the media, legislators and others, as deemed necessary by the office, regarding the problems and concerns of residents in facilities, including recommendations related thereto. The state long-term care ombudsman may give the information or recommendations to any directly affected public and private agency or legislator or their representatives before providing such information or recommendations to news media representatives;
(f) prescribe and provide for the training of each regional long-term care ombudsman, any individual designated as an ombudsman under subsection (h) and any individual who is an ombudsman volunteer in:
(1) Federal, state and local laws, rules and regulations, resolutions, ordinances and policies with respect to facilities located in Kansas;
(2) investigative techniques;
(3) the needs and rights of long-term care residents who have Alzheimer's disease and other dementia and strategies to care for and address the specific issues encountered by such residents. Topics shall include, but not be limited to:
(A) Understanding the warning signs and symptoms of Alzheimer's and other dementia;
(B) knowledge of person-centered dementia care;
(C) effectively communicating with individuals living with Alzheimer's and other dementia;
(D) recognizing behavioral symptoms, including alternatives to physical and chemical restraints for residents;
(E) addressing specific threats to residents' safety, such as wandering;
(F) referring residents' care partners and families to accurate and up-to-date sources of information, support and resources regarding Alzheimer's and other dementia; and
(G) protocols for connecting individuals living with Alzheimer's and other dementia to local care resources and professionals who are skilled in dementia care to encourage cross-referral and reporting regarding incidents of abuse; and
(4) such other matters as the state long-term care ombudsman deems appropriate;
(g) coordinate ombudsman services provided by the office with the protection and advocacy systems for individuals with developmental disabilities and mental illness established under part A of the federal developmental disabilities assistance and bill of rights act, 42 U.S.C.A. § 6001 et seq., and under the federal protection and advocacy for mentally ill individuals act of 1986, public law 99-316;
(h) authorize an individual who is an employee of the office and who has satisfactorily completed the training prescribed by the state long-term care ombudsman under subsection (f) to be an ombudsman or a volunteer ombudsman and to be a representative of the office and such an authorized individual shall be deemed to be a representative of the office for the purposes of and subject to the provisions of the long-term care ombudsman act;
(i) establish and maintain a system to recruit and train individuals to become volunteer ombudsmen;
(j) develop and implement procedures for authorizing and for withdrawing the authorization of individuals to be ombudsmen or volunteer ombudsmen to represent the office in providing ombudsmen services;
(k) provide services to residents of facilities throughout the state, directly or through service providers, to meet needs for ombudsmen services;
(l) collaborate with the Kansas department for aging and disability services to review and maintain the statewide system that collects and analyzes information on complaints and conditions in facilities; and
(m) perform such other duties and functions as may be provided by law.
History: L. 1980, ch. 291, § 3; L. 1990, ch. 328, § 8; L. 1998, ch. 101, § 7; L. 2005, ch. 56, § 1; L. 2014, ch. 115, § 405; L. 2018, ch. 38, § 4; L. 2025, ch. 5, § 1; July 1.
No individual shall investigate any complaint filed with the office of the state long-term care ombudsman unless the individual has received the training required under subsection (f) of K.S.A. 75-7306, and amendments thereto, and has been designated by the state long-term care ombudsman as an ombudsman or a voluntary ombudsman qualified to investigate such complaints.
History: L. 1990, ch. 328, § 3; L. 1998, ch. 101, § 8; June 14.
(a) An ombudsman or a volunteer ombudsman is hereby authorized to enter any facility and any area within such facility at any time with or without prior notice and shall have access to the residents of a facility at all times.
(b) An ombudsman or a volunteer ombudsman shall notify immediately the person in charge of a facility upon arrival and shall present appropriate identification.
(c) Residents shall have the right to request, deny or terminate visits with an ombudsman or a volunteer ombudsman.
History: L. 1980, ch. 291, § 4; L. 1998, ch. 101, § 9; June 14.
(a) With the consent of the resident of the facility, the resident representative or next of kin of a deceased resident, an ombudsman shall have access to all records and documents kept for or concerning the resident.
(b) An ombudsman shall have access to all records and documents kept for or concerning a resident (1) in any case in which the resident is unable to consent and there is no resident representative, and (2) in a case in which (A) access to the records and documents is necessary to investigate a complaint, (B) the resident is unable to consent and the resident representative refuses to give permission for such access, (C) the investigating ombudsman has reasonable cause to believe that the resident representative is not acting in the best interests of the resident, and (D) the state long-term care ombudsman has approved such access by the investigating ombudsman.
(c) In addition, in assisting a resident of a facility, an ombudsman or volunteer ombudsman shall have access to all administrative records, policies and documents of the facility that the residents have or the general public has access to that are relevant to such assistance to the extent necessary to carry out the provisions of the long-term care ombudsman act.
History: L. 1980, ch. 291, § 5; L. 1990, ch. 328, § 9; L. 1998, ch. 101, § 10; L. 2018, ch. 38, § 5; July 1.
All information, records and reports received by or developed by an ombudsman or a volunteer ombudsman which relate to a resident of a facility, including written material identifying a resident or other complainant, are confidential and not subject to the provisions of K.S.A. 45-215 through 45-226, and amendments thereto, and shall not be disclosed or released by an ombudsman or a volunteer ombudsman, either by name of the resident or other complainant or of facts which allow the identity of the resident or other complainant to be inferred, except upon the order of a court or unless the resident or the resident's legal representative consents in writing to such disclosure or release by an ombudsman or a volunteer ombudsman, except the state long-term care ombudsman shall forward to the secretary for aging and disability services a quarterly summary report relating to the health and safety of residents, complaints reported and resolutions to complaints. A summary report may be posted on the state long-term care ombudsman program website quarterly, exclusive of information or material that identifies residents or any other individuals.
History: L. 1980, ch. 291, § 6; L. 1990, ch. 328, § 10; L. 1998, ch. 101, § 11; L. 2005, ch. 56, § 2; L. 2014, ch. 115, § 406; L. 2018, ch. 38, § 6; July 1.
An ombudsman shall have access to all records and documents kept by the department of health and environment, the Kansas department for children and families and the Kansas department for aging and disability services which relate to facilities and concern the following matters: (a) Licensure of facilities; (b) certification of facilities; (c) public funding reimbursement for care of residents of facilities; (d) utilization and medical review records; and (e) complaints regarding care of residents of facilities. The provisions of this section shall not apply to a volunteer ombudsman.
History: L. 1980, ch. 291, § 7; L. 1998, ch. 101, § 12; L. 2014, ch. 115, § 407; July 1.
No ombudsman or volunteer ombudsman shall be liable for the good faith performance of official duties.
History: L. 1990, ch. 328, § 4; L. 1998, ch. 101, § 13; June 14.
(a) No person shall willfully interfere with any lawful action or activity of an ombudsman or a volunteer ombudsman, including the request for immediate entry into a facility.
(b) No person shall take any discriminatory, disciplinary or retaliatory action against any officer or employee of a facility or against any resident or any guardian or family member thereof for any communication by any such individual with an ombudsman or a volunteer ombudsman or for any information given or disclosed by such individual in good faith to aid the office in carrying out its duties and responsibilities.
(c) Any person that violates the provisions of subsection (a) or the provisions of subsection (b) shall be guilty of a class C misdemeanor.
History: L. 1990, ch. 328, § 5; L. 1998, ch. 101, § 14; June 14.
The provisions of K.S.A. 75-7301 through 75-7314, and amendments thereto, shall be known and may be cited as the long-term care ombudsman act.
History: L. 1990, ch. 328, § 1; L. 1998, ch. 101, § 15; June 14.
History: L. 2005, ch. 187, § 1; L. 2008, ch. 164, § 12; Repealed, L. 2012, ch. 102, § 57; July 1.
History: L. 2005, ch. 187, § 2; L. 2008, ch. 121, § 35; Repealed, L. 2012, ch. 102, § 57; July 1.
(a) The secretary of health and environment is hereby authorized to establish policies and to adopt rules and regulations for the implementation and administration of the powers, duties and functions prescribed for or transferred to the department as provided by law.
(b) The secretary of health and environment may enter into contracts as may be necessary to perform the powers, duties and functions of [the] department and as provided by law. As provided by this act or as otherwise the secretary of health and environment may enter into contracts with other state agencies or with local governmental entities for the coordination of health services, including care and prevention programs and activities, and public health programs.
(c) The secretary of health and environment may appoint advisory committees as deemed necessary by the secretary. The advisory committees shall consult with and advise the secretary of health and environment regarding the matters referred thereto by the department. Members of any advisory committee created under this section 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, but shall receive no compensation for services as members of such advisory committee.
History: L. 2005, ch. 187, § 3; L. 2012, ch. 102, § 36; July 1.
The department of health and environment shall develop and maintain a coordinated health policy agenda that combines effective purchasing and administration of health care with health promotion oriented public health strategies. The powers, duties and functions of the department of health and environment are intended to be exercised to improve the health of the people of Kansas by increasing the quality, efficiency and effectiveness of health services and public health programs.
History: L. 2005, ch. 187, § 5; L. 2012, ch. 102, § 37; July 1.
(a) The department of health and environment is responsible for the development of a statewide health policy agenda including health care and health promotion components. The department of health and environment shall report to the legislature at the beginning of the regular session of the legislature in 2007 and at the beginning of each regular legislative session thereafter. The report of the department of health and environment to the legislature shall include recommendations for implementation of the health policy agenda recommended by the department. The department of health and environment shall develop or adopt health indicators and shall include baseline and trend data on the health costs and indicators in each annual report to the legislature. In accordance with the provisions of this act and the provisions of appropriation acts, the department of health and environment shall assume powers, duties and functions in accordance with the provisions of this act.
(b) The department of health and environment shall assume the functions of the health care data governing board and the functions of the Kansas department for children and families under the Kansas business health partnership act, as provided by this act.
(c) The department of health and environment shall assume operational and purchasing responsibility for: (1) The regular medical portion of the state medicaid program; (2) the MediKan program; (3) the state children's health insurance program as provided in K.S.A. 38-2001 et seq., and amendments thereto; (4) the working healthy portion of the ticket to work program under the federal work incentive improvement act and the medicaid infrastructure grants received for the working healthy portion of the ticket to work program; (5) the medicaid management information system (MMIS); (6) the restrictive drug formulary, the drug utilization review program, including oversight of the medicaid drug utilization review board, and the electronic claims management system as provided in K.S.A. 39-7,116 through 39-7,121 and K.S.A. 39-7,121a through 39-7,121e, and amendments thereto; (7) the state health care benefits program as provided in K.S.A. 75-6501 through 75-6523, and amendments thereto; and (8) the state workers compensation self-insurance fund and program as provided in K.S.A. 44-575 through 44-580, and amendments thereto.
(d) The department of health and environment shall submit to the legislature recommendations and an implementation plan for the transfer of additional medicaid-funded programs to the department of health and environment which may include: (1) Mental health services; (2) home and community-based services (HCBS) waiver programs; (3) nursing facilities; (4) substance abuse prevention and treatment programs; and (5) the institutions, as defined in K.S.A. 76-12a01, and amendments thereto.
(e) The department of health and environment shall submit to the legislature recommendations and an implementation plan for the department of health and environment to assume responsibility for health care purchasing functions within additional state agencies, which may include: (1) The Kansas department for aging and disability services; (2) the department of education for local education agencies; (3) the juvenile justice authority and the juvenile correctional institutions and facilities thereunder; and (4) the department of corrections and the correctional institutions and facilities thereunder.
History: L. 2005, ch. 187, § 6; L. 2012, ch. 102, § 38; L. 2014, ch. 115, § 408; July 1.
History: L. 2005, ch. 187, § 7; Repealed, L. 2005, ch. 187, § 61; July 1, 2006.
History: L. 2005, ch. 187, § 8; Repealed, L. 2005, ch. 187, § 61; July 1, 2006.
(a) The department of health and environment shall coordinate health care planning, administration, and purchasing and analysis of health data for the state of Kansas with respect to the following health programs administered by the state of Kansas:
(1) Developing, implementing, and administering programs that provide medical assistance, health insurance programs, or waivers granted thereunder for persons who are needy, uninsured, or both, and that are financed by federal funds or state funds, or both, including the following:
(A) The Kansas program of medical assistance established in accordance with title XIX of the federal social security act, 42 U.S.C. § 1396 et seq., and amendments thereto;
(B) the health benefits program for children established under K.S.A. 38-2001 et seq., and amendments thereto, and developed and submitted in accordance with federal guidelines established under title XXI of the federal social security act, section 4901 of public law 105-33, 42 U.S.C. § 1397aa et seq., and amendments thereto;
(C) any program of medical assistance for needy persons financed by state funds only, to the extent appropriations are made for such a program;
(D) the working healthy portion of the ticket to work program under the federal work incentive improvement act and the medicaid infrastructure grants received for the working healthy portion of the ticket to work program; and
(E) the medicaid management information system (MMIS);
(2) the restrictive drug formulary, the drug utilization review program, including oversight of the medicaid drug utilization review board, and the electronic claims management system as provided in K.S.A. 39-7,116 through 39-7,121 and K.S.A. 39-7,121a through 39-7,121e, and amendments thereto; and
(3) administering any other health programs delegated to the department of health and environment by the governor or by a contract with another state agency.
(b) Except to the extent required by its single state agency role as designated in K.S.A. 75-7409, and amendments thereto, or as otherwise provided pursuant to this act the department of health and environment shall not be responsible for health care planning, administration, purchasing and data with respect to the following:
(1) The mental health reform act, K.S.A. 39-1601 et seq., and amendments thereto;
(2) the developmental disabilities reform act, K.S.A. 39-1801 et seq., and amendments thereto;
(3) the mental health program of the state of Kansas as prescribed under K.S.A. 75-3304a, and amendments thereto;
(4) the addiction and prevention services prescribed under K.S.A. 65-4001 et seq., and amendments thereto; or
(5) any institution, as defined in K.S.A. 76-12a01, and amendments thereto.
History: L. 2005, ch. 187, § 9; L. 2005, ch. 187, § 41; L. 2007, ch. 177, § 4; L. 2008, ch. 164, § 23; L. 2012, ch. 102, § 39; July 1.
(a) The department of health and environment shall be designated as the single state agency with responsibility for supervising and administering the state plan for medical assistance under the federal social security act, 42 U.S.C. § 1396 et seq., and amendments thereto. The department of health and environment shall develop state plans, as provided under the federal social security act, whereby the state cooperates with the federal government in its program of assisting the states financially in furnishing medical assistance and services to eligible individuals.
(b) The department of health and environment shall undertake to cooperate with the federal government on any other federal program providing federal financial assistance and services for medical assistance not inconsistent with this act. The department of health and environment is not required to develop a state plan for participation or cooperation in all federal social security act programs relating to medical assistance or other available federal programs that relate to medical assistance.
History: L. 2005, ch. 187, § 10; L. 2005, ch. 187, § 42; L. 2012, ch. 102, § 40; July 1.
The department of health and environment shall have the power, but is not required, to develop a state plan with regard to medical assistance and services in which the federal government does not participate, within the limits of appropriations therefor.
History: L. 2005, ch. 187, § 11; L. 2005, ch. 187, § 43; L. 2012, ch. 102, § 41; July 1.
History: L. 2005, ch. 187, § 12; L. 2005, ch. 187, § 44; L. 2012, ch. 102, § 42; Repealed, L. 2013, ch. 59, § 9; July 1.
History: L. 2005, ch. 187, § 13; L. 2005, ch. 187, § 45; L. 2012, ch. 102, § 43; Repealed, L. 2013, ch. 59, § 9; July 1.
Except as otherwise provided by this act, all of the following powers, duties and functions of the Kansas health policy authority are hereby transferred to and imposed upon the department of health and environment:
(a) All of the powers, duties and functions under chapter 39 of the Kansas Statutes Annotated, and amendments thereto, [that] relate to development, implementation and administration of programs that provide medical assistance, health insurance programs or waivers granted thereunder for persons who are needy or uninsured, or both, and that are financed by federal funds or state funds, or both, including the following:
(1) The Kansas program of medical assistance established in accordance with title XIX of the federal social security act, 42 U.S.C. § 1396 et seq., and amendments thereto; and
(2) any program of medical assistance for needy persons financed by state funds only;
(b) all of the powers, duties and functions with respect to the health benefits program for children established under K.S.A. 38-2001 et seq., and amendments thereto, and developed and submitted in accordance with federal guidelines established under title XXI of the federal social security act, section 4901 of public law 105-33, 42 U.S.C. § 1397aa et seq., and amendments thereto;
(c) the working healthy portion of the ticket to work program under the federal work incentive improvement act and the medicaid infrastructure grants received for the working healthy portion of the ticket to work program;
(d) the medicaid management information system (MMIS);
(e) the restrictive drug formulary, the drug utilization review program, including oversight of the medicaid drug utilization review board, and the electronic claims management system as provided in K.S.A. 39-7,116 through 39-7,121 and K.S.A. 39-7,121a through 39-7,121e, and amendments thereto;
(f) all of the powers, duties and functions of the Kansas health policy authority with designation as the single state agency under title XIX of the federal social security act, 42 U.S.C. § 1396 et seq., and amendments thereto.
History: L. 2005, ch. 187, § 14; L. 2005, ch. 187, § 46; L. 2007, ch. 195, § 45; L. 2012, ch. 102, § 44; July 1.
History: L. 2005, ch. 187, § 14; L. 2006, ch. 4, § 2; Repealed, L. 2007, ch. 195, § 59; July 1.
History: L. 2005, ch. 187, § 15; L. 2005, ch. 187, § 47; L. 2007, ch. 195, § 46; Repealed, L. 2012, ch. 102, § 57; July 1.
History: L. 2005, ch. 187, § 15; L. 2006, ch. 4, § 3; Repealed, L. 2007, ch. 195, § 59; July 1.
History: L. 2005, ch. 187, § 16; L. 2005, ch. 187, § 48; Repealed, L. 2012, ch. 102, § 57; July 1.
History: L. 2005, ch. 187, § 17; L. 2005, ch. 187, § 49; Repealed, L. 2012, ch. 102, § 57; July 1.
History: L. 2005, ch. 187, § 18; L. 2005, ch. 187, § 50; Repealed, L. 2012, ch. 102, § 57; July 1.
History: L. 2005, ch. 187, § 40; Repealed, L. 2012, ch. 102, § 57; July 1.
History: L. 2005, ch. 187, § 20; Repealed, L. 2012, ch. 102, § 57; July 1.
History: L. 2005, ch. 187, § 21; Repealed, L. 2012, ch. 102, § 57; July 1.
History: L. 2005, ch. 187, § 37; Repealed, L. 2012, ch. 102, § 57; July 1.
History: L. 2005, ch. 187, § 19; Repealed, L. 2012, ch. 102, § 57; July 1.
The department of health and environment in consultation with [the] standing committee on public health and welfare of the senate and the standing committee on health and human services of the house of representatives shall consider as part of the health reform in Kansas various medicaid reform options including, but not limited to: The experience of other states, long-term care, waste, fraud and abuse, health opportunity accounts, tax credits, vouchers and premium assistance, and wellness as provided through the federal deficit reduction act of 2005, public law 109-171. Such medicaid reforms should result in improved health outcomes for medicaid recipients, long-term cost controls and encourage primary and preventive care which will result in cost savings for the state.
History: L. 2007, ch. 177, § 1; L. 2012, ch. 102, § 45; L. 2013, ch. 134, § 21; July 1.
(a) The department of health and environment shall analyze and develop health care finance reform options with the goals of (1) financing health care and health promotion in a manner that is equitable, seamless and sustainable for consumers, providers, purchasers and government, (2) promoting market-based solutions that encourage fiscal and individual responsibility, (3) protecting the health care safety net in the development of such options, (4) facilitate purchasing of health insurance, and facilitating access to private sector health insurance by small businesses and individuals.
(b) The department of health and environment shall identify and analyze policies that are designed to increase portability, to increase individual ownership of health care policies, to utilize pre-tax dollars for the purchase of health insurance, and to expand consumer responsibility for making health care decisions.
(c) The department of health and environment shall obtain economic and actuarial analyses by an entity or entities that are recognized as having specific experience in the subject matter of all health care finance reform options proposed under subsection (a) to determine (1) the economic impact of proposed reforms on consumers, providers, purchasers, businesses and government and (2) the number of uninsured Kansans who have the potential to receive coverage as a result of the options proposed under subsection (a).
(d) The department of health and environment shall investigate and identify possible public funding sources, including medicaid and other federal programs, specifically including possible waivers to specific federal program requirements.
(e) In collaboration with the United States department of health and human services, the department of health and environment shall investigate (1) the development and availability of federal affordable choices initiatives funding, (2) waiver and funding opportunities under the federal deficit reduction act of 2005, public law 109-171, and (3) waivers under the federal health insurance flexibility and accountability demonstration initiative to expand health services to low income populations.
History: L. 2007, ch. 177, § 2; L. 2012, ch. 102, § 46; July 1.
History: L. 2007, ch. 177, § 3; L. 2012, ch. 102, § 47; Repealed, L. 2013, ch. 134, § 28; July 1.
(a) All third parties, including health insurers, self-insured plans, group health plans (as defined in section 607(1) of the employee retirement income security act of 1974), service benefit plans, managed care organizations, pharmacy benefit managers or other parties that are, by statute, contract or agreement, legally responsible for payment of a claim for a health care item or service to pay for care and services available under the plan, shall not, in enrolling an individual or in making any payments for benefits to the individual or on the individual's behalf, take into account that the individual is eligible for or is provided medical assistance under the Kansas state plan under title XIX of the social security act, commonly known as medicaid or medical assistance, administered by the department of health and environment, or under any such plan of any other state.
(b) All third parties described in subsection (a), shall provide, with respect to individuals who are eligible for, or are provided, medical assistance under such state plan, upon the request of the department, information to determine during what period individuals or their spouses or their dependents may be (or may have been) covered by a health insurer and the nature of the coverage that is or was provided by the health insurer (including the name, address and identifying number of the plan) in a manner prescribed by the United States secretary of health and human services.
(c) All third parties described in subsection (a) shall: (1) Accept the department's right of recovery and the assignment to the department of any right of an individual or other entity to payment from the party for an item or service for which payment has been made under the state plan; (2) respond to any inquiry by the department or its designee regarding a claim for payment for any health care item or service that is submitted not later than three years after the date of the provision of such health care item or service; and (3) agree not to deny a claim submitted by the department solely on the basis of the date of submission of the claim, the type or format of the claim form or a failure to present proper documentation at the point-of-sale that is the basis of the claim, if: (A) The claim is submitted by the department within the three-year period beginning on the date on which the item or service was furnished; and (B) any action by the department to enforce its rights with respect to such claim is commenced within six years of the department's submission of such claim.
(d) As used in this section, "department" means the department of health and environment.
History: L. 2007, ch. 177, § 12; L. 2012, ch. 102, § 48; July 1.
(a) As used in this section:
(1) "Attorney general" means the attorney general of the state of Kansas, employees of the attorney general or authorized representatives of the attorney general.
(2) "Benefit" means the receipt of money, goods, items, facilities, accommodations or anything of pecuniary value.
(3) "Cash assistance" means assistance that is administered and provided by the secretary for children and families to individuals for a family's ongoing basic needs.
(4) "Claim" means an electronic, electronic impulse, facsimile, magnetic, oral, telephonic or written communication that is utilized to identify any goods, service, item, facility or accommodation as reimbursable to any state cash, food or health assistance program, the state's fiscal agents or that states income or expense.
(5) "Client" means past or present beneficiaries or recipients of any state cash, food or health assistance program.
(6) "Contractor" means any contractor, supplier, vendor or other person who, through a contract or other arrangement, has received, is to receive or is receiving public funds or in-kind contributions from the contracting agency as part of any state cash, food or health assistance program and includes any subcontractor.
(7) "Contractor files" means those records of contractors that relate to any state cash, food or health assistance program.
(8) "Fiscal agent" means any corporation, firm, individual, organization, partnership, professional association or other legal entity that, through a contractual relationship with the state of Kansas, receives, processes and pays claims under state cash, food or medical assistance programs.
(9) "Food assistance" means assistance that is administered by the United States department of agriculture and provided by the secretary for children and families to individuals for eligible food products.
(10) "Health assistance" means the medicaid program and the state children's health insurance program.
(11) "Healthcare provider" means a healthcare provider as defined under K.S.A. 65-4921, and amendments thereto, who has applied to participate in, who currently participates in, or who has previously participated in the state health assistance program.
(12) "Managed care program" means a program that provides coordination, direction and provision of health services to an identified group of individuals by providers, agencies or organizations.
(13) "Medicaid program" means the Kansas program of medical assistance for which federal or state moneys, or any combination thereof, are expended or any successor federal or state, or both, health insurance program or waiver granted thereunder.
(14) "Person" means any agency, association, corporation, firm, limited liability company, limited liability partnership, natural person, organization, partnership or other legal entity, the agents, employees, independent contractors, and subcontractors, thereof, and the legal successors thereto.
(15) "Provider" means a person who has applied to participate in, who currently participates in, who has previously participated in, who attempts or has attempted to participate in the state cash, food or health assistance programs by providing or claiming to have provided goods, services, items, facilities or accommodations.
(16) "Recipient" means an individual, either real or fictitious, on whose behalf any person claimed or received any payment or payments from the state cash, food or health assistance programs, or the state's fiscal agents, whether or not any such individual was eligible for benefits under the state cash, food or health assistance programs.
(17) "Records" means all written documents and electronic or magnetic data, including, but not limited to, medical records, x-rays, professional, financial or business records relating to the treatment or care of any recipient, goods, services, items, facilities or accommodations provided to any such recipient, rates paid for such goods, services, items, facilities or accommodations, and goods, services, items, facilities or accommodations provided to nonmedicaid recipients to verify rates or amounts of goods, services, items, facilities or accommodations provided to state cash, food or health assistance recipients, as well as any records that the state cash, food or health assistance program, or the state's fiscal agents, the state mediKan program or the state children's health insurance program require providers to maintain.
(18) "State children's health insurance program" means the state children's health insurance program as provided in K.S.A. 38-2001 et seq., and amendments thereto.
(b) (1) There is hereby established within the office of the attorney general the office of inspector general. All budgeting, purchasing, related management functions and personnel of the office of inspector general shall be administered under the direction and supervision of the attorney general. The purpose of the office of inspector general is to establish a full-time program of audit, investigation and performance review to provide increased accountability, integrity and oversight of the state cash, food or health assistance programs, and to assist in improving agency and program operations and in deterring and identifying fraud, waste, abuse and other illegal acts. The office of inspector general shall be independent and free from political influence and in performing the duties of the office under this section shall conduct investigations, audits, evaluations, inspections and other reviews in accordance with professional standards that relate to the fields of investigation and auditing in government.
(2) (A) The inspector general shall be appointed by the attorney general with the advice and consent of the senate and subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided in K.S.A. 46-2601, and amendments thereto, no person appointed to the position of inspector general shall exercise any power, duty or function of the inspector general until confirmed by the senate. The inspector general shall be selected without regard to political affiliation and on the basis of integrity and capacity for effectively carrying out the duties of the office of inspector general. The inspector general shall possess demonstrated knowledge, skills, abilities and experience in conducting audits or investigations and shall be familiar with the programs subject to oversight by the office of inspector general.
(B) No former or current executive or manager of any program or agency subject to oversight by the office of inspector general may be appointed inspector general within two years of that individual's period of service with such program or agency. A former or current inspector general shall not be employed as an executive or manager for any program or agency subject to the oversight by the office of the inspector general for a period of two years after such inspector general's period of service as the inspector general has concluded. The inspector general shall hold at time of appointment, or shall obtain within one year after appointment, certification as a certified inspector general from a national organization that provides training to inspectors general.
(C) A person appointed to the position of inspector general shall serve for a term that shall expire on January 15 of each year in which the whole senate is sworn in for a new term.
(D) The inspector general shall be in the unclassified service and shall receive an annual salary in an amount equal to the annual salary paid by the state to a district court judge, except that such compensation may be increased but not diminished during the term of office of the inspector general. The inspector general shall be removed from office prior to the expiration of the inspector general's term of office by the attorney general for cause. The inspector general shall exercise independent judgment in carrying out the duties of the office of inspector general under subsection (b). Appropriations for the office of inspector general shall be made to the attorney general by separate line item appropriations for the office of inspector general. The inspector general shall report to the attorney general.
(E) Subject to subsection (b)(1), the inspector general shall have general managerial control over the office of the inspector general and shall establish the organization structure of the office as the inspector general deems appropriate to carry out the responsibilities and functions of the office.
(3) Within the limits of appropriations therefor, and as provided further, the attorney general may hire such employees in the unclassified service as are necessary to administer the office of the inspector general. Such employees shall serve at the pleasure of the attorney general. Subject to appropriations and to subsection (b)(1), the inspector general may obtain the services of certified public accountants, qualified management consultants, professional auditors, or other professionals necessary to independently perform the functions of the office.
(c) (1) In accordance with the provisions of this section, the duties of the office of inspector general shall be to oversee, audit, investigate and make performance reviews of any state cash, food or health assistance program.
(2) In order to carry out the duties of the office, the inspector general shall conduct independent and ongoing evaluation of such programs or their successor programs. This oversight includes, but is not limited to, the following:
(A) Investigation of fraud, waste, abuse and illegal acts directly relating to such programs.
(B) Audits of state programs, contractors, vendors and healthcare providers related to ensuring that appropriate payments are made for services rendered and to the recovery of overpayments.
(C) Investigations of fraud, waste, abuse or illegal acts committed by clients of the programs or by consumers of services of such programs.
(D) Monitoring adherence to the terms of any contract between a state agency and an organization, if any, with which the state agency has entered into a contract to make claims payments.
(3) Upon finding credible evidence of significant levels of fraud, waste, abuse or other illegal acts, the inspector general shall report the findings to the attorney general.
(d) (1) The inspector general shall have access to all pertinent information, confidential or otherwise, and to all personnel and facilities of a state agency, state vendors, contractors and healthcare providers and any federal, state or local governmental agency that are necessary to perform the duties of the office as directly related to such programs. Access to contractor or healthcare provider files shall be limited to those files necessary to verify the accuracy of the contractor's or healthcare provider's invoices or their compliance with the contract provisions or program requirements. No healthcare provider shall be compelled under the provisions of this section to provide individual medical records of patients who are not clients of a state health assistance program. State and local governmental agencies are authorized and directed to provide to the inspector general requested information, assistance or cooperation.
(e) Except as otherwise provided in this section, the inspector general and all employees and former employees of the office of inspector general shall be subject to the same duty of confidentiality imposed by law on any such person or agency with regard to any such information and any civil or criminal penalties imposed by law for violations of such duty of confidentiality. The duty of confidentiality imposed on the inspector general and all employees and former employees of the office of inspector general shall be subject to the provisions of subsection (f), and the inspector general may furnish all such information to the attorney general, Kansas bureau of investigation or office of the United States attorney in Kansas pursuant to subsection (f). Upon receipt thereof, the attorney general, Kansas bureau of investigation or office of the United States attorney in Kansas and all assistants and all other employees and former employees of such offices shall be subject to the same duty of confidentiality with the exceptions that any such information may be disclosed in criminal or other proceedings that may be instituted and prosecuted by the attorney general or the United States attorney in Kansas, and any such information furnished to the attorney general, the Kansas bureau of investigation or the United States attorney in Kansas under subsection (f) may be entered into evidence in any such proceedings.
(f) All investigations conducted by the inspector general shall be conducted in a manner that ensures the preservation of evidence for use in criminal prosecutions, civil actions or agency administrative actions. If the inspector general determines that a possible criminal act or false claim relating to fraud in the provision or administration of such programs has been committed, the inspector general shall immediately notify the attorney general. If the inspector general determines that a possible criminal act has been committed within the jurisdiction of the office, the inspector general may request the special expertise of the Kansas bureau of investigation. The inspector general may present for prosecution the findings of any criminal investigation to the office of the attorney general, applicable district or county attorney or the office of the United States attorney in Kansas.
(g) (1) To carry out the duties as described in this section, the inspector general and the inspector general's designees shall have:
(A) Original jurisdiction to investigate crimes related to public assistance, including those found in K.S.A. 21-5926 through 21-5932, 39-709, 39-720 and 75-726, and amendments thereto;
(B) the power to issue, serve or cause to be served subpoenas or other process of service in aid of investigations;
(C) the power to compel by subpoena the attendance and testimony of witnesses and the production of books, electronic records and papers as directly related to state cash, food or health assistance programs;
(D) the power to administer oaths and take sworn statements under penalty of perjury;
(E) the power to serve and execute in any county search warrants that relate to investigations being executed by the office of the inspector general.
(2) Access to contractor files shall be limited to those files necessary to verify the accuracy of the contractor's invoices or its compliance with the contract provisions. No healthcare provider shall be compelled to provide individual medical records of patients who are not clients of such a program or programs.
(h) The inspector general shall report all convictions, terminations and suspensions taken against vendors, contractors and healthcare providers to any agency contracting with or responsible for licensing or regulating those persons or entities. If the inspector general determines reasonable suspicion exists that an act relating to the violation of an agency licensure or regulatory standard has been committed by a vendor, contractor or healthcare provider who is licensed or regulated by an agency, the inspector general shall immediately notify such agency of the possible violation, unless such notification would jeopardize an ongoing criminal investigation.
(i) The inspector general shall make annual reports, findings and recommendations regarding the office's investigations into reports of fraud, waste, abuse and illegal acts relating to any such programs to the appropriate state agency, the legislative post auditor, the committee on ways and means of the senate, the committee on appropriations of the house of representatives, the attorney general and the governor. Such reports shall include, but not be limited to, the following information:
(1) The number and type of audits conducted and the dollar savings, if any, resulting from those audits;
(2) healthcare provider sanctions, in the aggregate, including terminations and suspensions; and
(3) a detailed summary of the investigations undertaken in the previous fiscal year that shall comply with all laws and rules and regulations regarding maintaining confidentiality in such programs.
(j) Based upon the inspector general's findings under subsection (c), the inspector general may make such recommendations to the state agency or agencies that administer such program or programs or the legislature for changes in law, rules and regulations, policy or procedures as the inspector general deems appropriate to carry out the provisions of law or to improve the efficiency of such programs. The inspector general shall not be required to obtain permission or approval from any other official or department prior to making any such recommendation.
(k) (1) The inspector general shall make provision to solicit and receive reports of fraud, waste, abuse and illegal acts in such programs from any person or persons who shall possess such information. The inspector general shall not disclose or make public the identity of any person or persons who provide such reports pursuant to this subsection unless such person or persons consent in writing to the disclosure of such person's identity. Disclosure of the identity of any person who makes a report pursuant to this subsection shall not be ordered as part of any administrative or judicial proceeding. Any information received by the inspector general from any person concerning fraud, waste, abuse or illegal acts in such programs shall be confidential and shall not be disclosed or made public, upon subpoena or otherwise, except such information may be disclosed if:
(A) Release of the information would not result in the identification of the person who provided the information;
(B) the person or persons who provided the information to be disclosed consent in writing prior to its disclosure;
(C) the disclosure is necessary to protect the public health; or
(D) the information to be disclosed is required in an administrative proceeding or court proceeding and appropriate provision has been made to allow disclosure of the information without disclosing to the public the identity of the person or persons who reported such information to the inspector general.
(2) No person shall:
(A) Prohibit any agent, employee, contractor or subcontractor from reporting any information under paragraph (1); or
(B) require any such agent, employee, contractor or subcontractor to give notice to the person prior to making any such report.
(3) Paragraph (2) shall not be construed as:
(A) Prohibiting an employer from requiring that an employee inform the employer as to legislative or auditing agency requests for information or the substance of testimony made, or to be made, by the employee to legislators or the auditing agency, as the case may be, on behalf of the employer;
(B) permitting an employee to leave the employee's assigned work areas during normal work hours without following applicable rules and regulations and policies pertaining to leaves, unless the employee is requested by a legislator or legislative committee to appear before a legislative committee or by an auditing agency to appear at a meeting with officials of the auditing agency;
(C) authorizing an employee to represent the employee's personal opinions as the opinions of the employer; or
(D) prohibiting disciplinary action of an employee who discloses information that:
(i) The employee knows to be false or which the employee discloses with reckless disregard for its truth or falsity;
(ii) the employee knows to be exempt from required disclosure under the open records act; or
(iii) is confidential or privileged under statute or court rule.
(4) Any agent, employee, contractor or subcontractor who alleges that disciplinary action has been taken against such agent, employee, contractor or subcontractor in violation of this section may bring an action for any damages caused by such violation in district court within 90 days after the occurrence of the alleged violation.
(5) Any disciplinary action taken against an employee of a state agency or firm as such terms are defined under K.S.A. 75-2973, and amendments thereto, for making a report under paragraph (1) shall be governed by the provisions of K.S.A. 75-2973, and amendments thereto.
(l) The scope, timing and completion of any audit or investigation conducted by the inspector general shall be within the discretion of the inspector general. Any audit conducted by the inspector general's office shall adhere and comply with all provisions of generally accepted governmental auditing standards promulgated by the United States government accountability office.
(m) Nothing in this section shall limit investigations by any state department or agency that may otherwise be required or permitted by law or that may be necessary in carrying out the duties and functions of such agency.
(n) No contractor who has been convicted of fraud, waste, abuse or illegal acts or whose actions have caused the state of Kansas to pay fines to or reimburse the federal government more than $1,000,000 in the medicaid program shall be eligible for any state medicaid contracts subsequent to such conviction unless the attorney general finds that the contractor is the sole source for such contracts, is the least expensive source for the contract, has reimbursed the state of Kansas for all losses caused by the contractor, or the removal of the contractor would create a substantial loss of access for medicaid beneficiaries, in which case, after a specific finding to this effect, the prohibition of this subsection may be waived by the attorney general. Nothing in this section shall be construed to conflict with federal law or to require or permit the use of federal funds where prohibited.
(o) All information and records of the inspector general that are made, maintained, kept, obtained or received under any investigation or audit under this section shall be confidential, except as required or authorized pursuant to this section.
History: L. 2007, ch. 177, § 15; L. 2008, ch. 9, § 9; L. 2009, ch. 143, § 30; L. 2012, ch. 102, § 49; L. 2013, ch. 134, § 22; L. 2017, ch. 76, § 10; L. 2025, ch. 108, § 1; July 1.
History: L. 2007, ch. 177, § 15; L. 2008, ch. 164, § 11; Repealed, L. 2009, ch. 143, § 37; July 1.
History: L. 2008, ch. 110, § 1; Repealed, L. 2012, ch. 102, § 57; July 1.
(a) As used in this section, "medical home" means a health care delivery model in which a patient establishes an ongoing relationship with a physician or other personal care provider in a physician-directed team, to provide comprehensive, accessible and continuous evidence-based primary and preventive care, and to coordinate the patient's health care needs across the health care system in order to improve quality and health outcomes in a cost effective manner.
(b) The department of health and environment shall incorporate the use of the medical home delivery system within:
(1) The Kansas program of medical assistance established in accordance with title XIX of the federal social security act, 42 U.S.C. § 1396 et seq., and amendments thereto;
(2) the health benefits program for children established under K.S.A. 38-2001 et seq., and amendments thereto, and developed and submitted in accordance with federal guidelines established under title XXI of the federal social security act, section 4901 of public law 105-33, 42 U.S.C. § 1397aa et seq., and amendments thereto; and
(3) the state mediKan program.
(c) The Kansas state employees health care commission established under K.S.A. 75-6502, and amendments thereto, shall incorporate the use of a medical home delivery system within the state health care benefits program as provided in K.S.A. 75-6501 through 75-6523, and amendments thereto. Except that compliance with a medical home delivery system shall not be required of program participants receiving treatment in accordance with a religious method of healing pursuant to the provisions of K.S.A. 75-6501, and amendments thereto.
History: L. 2008, ch. 164, § 13; L. 2012, ch. 102, § 50; July 1.
The secretary of health and environment shall, subject to appropriations, establish and implement the following:
(a) Dental coverage for pregnant medicaid beneficiaries the cost of which shall not exceed $545,833;
(b) expansion of medicaid eligibility up to 200% of the federal poverty level and smoking cessation programs for pregnant women, the cost of which will be approximately $460,000 from the state general fund;
(c) the statewide community health records program, the cost of which shall not exceed $383,600.
History: L. 2008, ch. 164, § 19; L. 2012, ch. 102, § 51; July 1.
History: L. 2008, ch. 164, § 27; Expired, July 1, 2010.
History: L. 2007, ch. 177, § 13; L. 2008, ch. 164, § 16; Expired, July 1, 2009.
(a) The secretary of health and environment is hereby authorized to make grants or no interest loans for the purpose of financing the initial costs associated with the forming and organizing of associations to assist members of the association to obtain access to quality and affordable health care plans. Such grants or loans may be used to pay for actuarial or feasibility studies.
(b) Such grants and loans shall be made upon such terms and conditions as the secretary of health and environment may deem appropriate, except that: (1) Such loans shall be made interest free and with recourse, and (2) the association shall provide a match for such grant or loan. Such grants and loans shall be made from funds credited to the association assistance plan fund.
(c) There is hereby established in the state treasury the association assistance plan fund. The secretary of health and environment shall administer such fund and expenditures from the association assistance plan fund for the purpose of providing grants and no interest loans in accordance with this section. All expenditures from the association assistance plan 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 health and environment or the designee of the secretary.
(d) On July 1, 2007, the director of accounts and reports shall transfer $500,000 from the state general fund to the association assistance plan fund.
(e) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the association assistance plan fund interest earnings based on:
(1) The average daily balance of moneys in the association assistance plan fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(f) For the purpose of this section:
(1) "Association" means a small business or an organization of persons having a common interest; and
(2) "small business" means any business that employs 50 or less employees.
(g) The secretary of health and environment may adopt rules and regulations to implement the provisions of this section.
(h) Any health care plans offered through any association funded in whole or in part with grants or loans pursuant to this section shall be underwritten by an insurance company or health maintenance organization that holds a valid Kansas certificate of authority as verified by the commissioner of insurance and any such association shall be subject to the provisions of K.S.A. 40-2209, 40-2209a through 40-2209p and 40-2222, and amendments thereto.
History: L. 2007, ch. 177, § 14; L. 2008, ch. 164, § 17; L. 2012, ch. 102, § 52; July 1.
The changes to law in this act [*] shall constitute the health care reform act of 2008.
History: L. 2008, ch. 164, § 18; May 29.
(a) As used in this section unless the context requires otherwise:
(1) Words and phrases mean the same as defined by K.S.A. 39-923, and amendments thereto.
(2) "Skilled nursing care facility" means a licensed nursing facility, nursing facility for mental health as defined in K.S.A. 39-923, and amendments thereto, or a hospital long-term care unit licensed by the department of health and environment, providing skilled nursing care, but shall not include the Kansas soldiers' home or the Kansas veterans' home.
(3) "Licensed bed" means those beds within a skilled nursing care facility that the facility is licensed to operate.
(4) "Agent" means the Kansas department for aging and disability services.
(5) "Continuing care retirement facility" means a facility holding a certificate of registration issued by the commissioner of insurance pursuant to K.S.A. 40-2235, and amendments thereto.
(b) (1) Except as otherwise provided in this section, there is hereby imposed and the secretary of health and environment shall assess an annual assessment per licensed bed, hereinafter called a quality care assessment, on each skilled nursing care facility. The assessment on all facilities in the aggregate shall be an amount fixed by rules and regulations of the secretary of health and environment, shall not exceed $4,908 annually per licensed bed, shall be imposed as an amount per licensed bed and shall be imposed uniformly on all skilled nursing care facilities except that the assessment rate for skilled nursing care facilities that are part of a continuing care retirement facility, small skilled nursing care facilities and high medicaid volume skilled nursing care facilities shall not exceed 1/6 of the actual amount assessed all other skilled nursing care facilities. No rules and regulations of the secretary of health and environment shall grant any exception to or exemption from the quality care assessment. The assessment shall be paid quarterly, with one fourth of the annual amount due by the 30th day after the end of the month of each calendar quarter. The secretary of health and environment is authorized to establish delayed payment schedules for skilled nursing care facilities that are unable to make quarterly payments when due under this section due to financial difficulties, as determined by the secretary of health and environment. As used in this paragraph, the terms "small skilled nursing care facilities" and "high medicaid volume skilled nursing care facilities" shall be defined by the secretary of health and environment by rules and regulations, except that the definition of "small skilled nursing care facility" shall not be fewer than 40 beds.
(2) Beds licensed after July 1 each year shall pay a prorated amount of the applicable annual assessment so that the assessment applies only for the days such new beds are licensed. The proration shall be calculated by multiplying the applicable assessment by the percentage of days the beds are licensed during the year. Any change that reduces the number of licensed beds in a facility shall not result in a refund being issued to the skilled nursing care facility.
(3) If an entity conducts, operates or maintains more than one licensed skilled nursing care facility, the entity shall pay the nursing facility assessment for each facility separately. No skilled nursing care facility shall create a separate line-item charge for the purpose of passing through the quality care assessment to residents. No skilled nursing care facility shall be guaranteed, expressly or otherwise, that any additional moneys paid to the facility under this section will equal or exceed the amount of its quality care assessment.
(4) The payment of the quality care assessment to the secretary of health and environment shall be an allowable cost for medicaid reimbursement purposes. A rate adjustment pursuant to subsection (d)(5) shall be made effective on the date of imposition of the assessment, to reimburse the portion of this cost imposed on medicaid days.
(5) The secretary of health and environment shall seek a waiver from the United States department of health and human services to allow the state to impose varying levels of assessments on skilled nursing care facilities based on specified criteria. It is the intent of the legislature that the waiver sought by the secretary of health and environment be structured to minimize the negative fiscal impact on certain classes of skilled nursing care facilities.
(c) Each skilled nursing care facility shall prepare and submit to the secretary of health and environment any additional information required and requested by the secretary of health and environment to implement or administer the provisions of this section. Each skilled nursing care facility shall prepare and submit quarterly to the secretary for aging and disability services the rate the facility charges to private pay residents, and the secretary shall cause this information to be posted on the web site of the department for aging and disability services.
(d) (1) There is hereby created in the state treasury the quality care fund to be administered by the secretary of health and environment. All moneys received for the assessments imposed pursuant to subsection (b), including any penalty assessments imposed thereon pursuant to subsection (e), 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 quality care fund. All expenditures from the quality care 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 health and environment or the secretary's agent.
(2) All moneys in the quality care fund shall be used to finance initiatives to maintain or improve the quantity and quality of skilled nursing care in skilled nursing care facilities in Kansas. No moneys credited to the quality care fund shall be transferred to or otherwise revert to the state general fund at any time. Notwithstanding the provisions of any other law to the contrary, if any moneys credited to the quality care fund are transferred or otherwise revert to the state general fund, 30 days following the transfer or reversion the quality care assessment shall terminate and the secretary of health and environment shall discontinue the imposition, assessment and collection of the assessment. Upon termination of the assessment, all collected assessment revenues, including the moneys inappropriately transferred or reverting to the state general fund, less any amounts expended by the secretary of health and environment, shall be returned on a pro rata basis to skilled nursing care facilities that paid the assessment.
(3) Any moneys received by the state of Kansas from the federal government as a result of federal financial participation in the state medicaid program that are derived from the quality care assessment shall be deposited in the quality care fund and used to finance actions to maintain or increase healthcare in skilled nursing care facilities.
(4) Moneys in the fund shall be used exclusively for the following purposes:
(A) To pay administrative expenses incurred by the secretary of health and environment or the agent in performing the activities authorized by this section, except that such expenses shall not exceed a total of 1% of the aggregate assessment funds collected pursuant to subsection (b) for the prior fiscal year;
(B) to increase nursing facility payments to fund covered services to medicaid beneficiaries within medicare upper payment limits, as may be negotiated;
(C) to reimburse the medicaid share of the quality care assessment as a pass-through medicaid allowable cost;
(D) to restore the medicaid rate reductions implemented January 1, 2010;
(E) to restore funding for fiscal year 2010, including rebasing and inflation to be applied to rates in fiscal year 2011; and
(F) the remaining amount, if any, shall be expended first to increase the direct health care costs center limitation up to 150% of the case mix adjusted median, and then, if there are remaining amounts, for other quality care enhancement of skilled nursing care facilities as approved by the quality care improvement panel but shall not be used directly or indirectly to replace existing state expenditures for payments to skilled nursing care facilities for providing services pursuant to the state medicaid program.
(5) Any moneys received by a skilled nursing care facility from the quality care fund shall not be expended by any skilled nursing care facility to provide for bonuses or profit-sharing for any officer, employee or parent corporation but may be used to pay to employees who are providing direct care to a resident of such facility.
(6) Adjustment payments may be paid quarterly or within the daily medicaid rate to reimburse covered medicaid expenditures in the aggregate within the upper payment limits.
(7) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the quality care fund interest earnings based on:
(A) The average daily balance of moneys in the quality care fund for the preceding month; and
(B) the net earnings rate of the pooled money investment portfolio for the preceding month.
(e) If a skilled nursing care facility fails to pay the full amount of the quality care assessment imposed pursuant to subsection (b), when due and payable, including any extensions of time granted under that subsection, the secretary of health and environment shall assess a penalty in the amount of the lesser of $500 per day or 2% of the quality care assessment owed for each day the assessment is delinquent. The secretary of health and environment is authorized to establish delayed payment schedules for skilled nursing care facilities that are unable to make installment payments when due under this section because of financial difficulties, as determined by the secretary of health and environment.
(f) (1) The secretary of health and environment shall assess and collect quality care assessments imposed pursuant to subsection (b), including any penalty assessments imposed thereon pursuant to subsection (e), from skilled nursing care facilities on and after July 1, 2010, except that no assessments or penalties shall be assessed under subsections (a) through (h) until:
(A) An amendment to the state plan for medicaid that increases the rates of payments made to skilled nursing care facilities for providing services pursuant to the federal medicaid program and that is proposed for approval for purposes of subsections (a) through (h) is approved by the federal government, in which case the initial assessment is due not earlier than 60 days after state plan approval; and
(B) the skilled nursing care facilities have been compensated retroactively within 60 days after state plan approval at the increased rate for services provided pursuant to the federal medicaid program for the period commencing on and after July 1, 2010.
(2) The secretary of health and environment shall implement and administer the provisions of subsections (a) through (h) in a manner consistent with applicable federal medicaid laws and regulations. The secretary of health and environment shall seek any necessary approvals by the federal government that are required for the implementation of subsections (a) through (h).
(3) The provisions of subsections (a) through (h) shall be null and void and shall have no force and effect if one of the following occur:
(A) The medicaid plan amendment that increases the rates of payments made to skilled nursing care facilities for providing services pursuant to the federal medicaid program and that is proposed for approval for purposes of subsections (a) through (h) is not approved by the United States centers for medicare and medicaid services;
(B) the rates of payments made to skilled nursing care facilities for providing services pursuant to the federal medicaid program are reduced below the rates calculated on December 31, 2009, increased by revenues in the quality care fund and matched by federal financial participation and rebasing as provided for in K.S.A. 75-5958, and amendments thereto;
(C) any funds are utilized to supplant funding for skilled nursing care facilities as required by subsection (g);
(D) any funds are diverted from those purposes set forth in subsection (d)(4); or
(E) upon the governor signing, or allowing to become law without signature, legislation that, by proviso or otherwise, directs any funds from those purposes set forth in subsection (d)(4) or that would propose to suspend the operation of this section.
(g) On and after July 1, 2010, reimbursement rates for skilled nursing care facilities shall be restored to those in effect during December 2009. No funds generated by the assessments or federal funds generated therefrom shall be utilized for such restoration, but such funds may be used to restore the rate reduction in effect from January 1, 2010, to June 30, 2010.
(h) Rates of reimbursement shall not be limited by private pay charges.
(i) If the provisions of subsections (a) through (h) are repealed, expire or become null and void and have no further force and effect, all moneys in the quality care fund that were paid under the provisions of subsections (a) through (h) shall be returned to the skilled nursing care facilities that paid such moneys on the basis on which such payments were assessed and paid pursuant to subsections (a) through (h).
(j) The department of health and environment may adopt rules and regulations necessary to implement the provisions of this section.
(k) For purposes of administering and selecting the reimbursements of moneys in the quality care assessment fund, the quality care improvement panel is hereby established. The panel shall consist of the following members: Two persons appointed by leadingage Kansas; two persons appointed by the Kansas health care association; one person appointed by Kansas advocates for better care; one person appointed by the Kansas hospital association; one person appointed by the governor who is a member of the Kansas adult care executives association; one person appointed by the governor who is a skilled nursing care facility resident or the family member of such a resident; one person appointed by the Kansas foundation for medical care; one person appointed by the governor from the department for aging and disability services; one person appointed by the governor from the department of health and environment; one person appointed by the president of the senate who is affiliated with an organization representing and advocating the interests of retired persons in Kansas; and one person appointed by the speaker of the house of representatives who is a volunteer with the office of the state long-term care ombudsman established by the long-term care ombudsman act. The person appointed by the governor from the department for aging and disability services and the person appointed by the governor from the department of health and environment shall be nonvoting members of the panel. The panel shall meet as soon as possible subsequent to the effective date of this act and shall elect a chairperson from among the members appointed by the trade organizations specified in this subsection. The members of the quality care improvement panel shall serve without compensation or expenses. The quality care improvement panel shall report annually on or before January 10 to the senate committees on public health and welfare and ways and means, the house committees on appropriations and health and human services and the Robert G. (Bob) Bethell joint committee on home and community based services and KanCare oversight concerning the progress to reduce the incidence of antipsychotic drug use in elders with dementia, participation in the nursing facility quality and efficiency outcome incentive factor, participation in the culture change and person-centered care incentive program, annual resident satisfaction ratings for Kansas skilled nursing care facilities and the activities of the panel during the preceding calendar year and any recommendations that the panel may have concerning the administration of and expenditures from the quality care assessment fund.
(l) The provisions of this section shall expire on July 1, 2030.
History: L. 2010, ch. 159, § 1; L. 2012, ch. 102, § 53; L. 2013, ch. 55, § 1; L. 2016, ch. 107, § 2; L. 2020, ch. 7, § 3; April 9.
(a) As used in this section, unless the context requires otherwise:
(1) "Developmental disability" is as defined in K.S.A. 39-1803, and amendments thereto, under the Kansas developmental disabilities reform act.
(2) "Entity" means individual, corporation, partnership, limited liability company, joint venture or other legal entity.
(3) "Gross revenues" means the revenues received by waiver providers for furnishing services to individuals with developmental disabilities who qualify for the waiver program with eligibility criteria and scope of services not less than those in effect as of January 1, 2011; the revenues received by waiver providers from or on behalf of individuals with developmental disabilities who qualify for the waiver program but for whom the services defined under the waiver program are not reimbursed through such waiver; and, the revenues received by waiver providers from or on behalf of individuals with developmental disabilities who do not qualify for the waiver program but for whom receive the same services offered under such waiver. Gross revenues does not include revenues received for services to individuals with developmental disabilities funded exclusively by state or local governments, or any revenues received for furnishing services to individuals who are not developmentally disabled, or charitable donations.
(4) "Quality based community assessment fund" means a segregated account within the state treasury for which moneys are collected in accordance with the provisions of this act from developmental disability home and community-based waiver service providers.
(5) "Waiver program" means a developmental disability home and community-based services waiver program authorized under the social security act, 42 U.S.C. § 1915, for persons with a developmental disability.
(6) "Waiver provider" means an entity that participates in the Kansas developmental disability home and community-based waiver program and that provides services to a person with a developmental disability, regardless of whether such person qualifies under the waiver program.
(7) "Waiver provider assessment" means an assessment imposed on all waiver providers at the maximum rate allowable by federal law on the gross revenues applicable to services provided to persons with developmental disabilities.
(b) (1) Except as otherwise provided in this section, the secretary of health and environment shall impose an annual assessment, hereinafter called a waiver provider assessment, on each waiver provider at the maximum rate allowable by federal law, on the gross revenues the waiver provider received from providing services to individuals with developmental disabilities during the fiscal year beginning with the effective date of the assessment. The waiver provider assessment shall be imposed as follows:
(A) Withheld on a claim-by-claim basis from each waiver provider's uniform percentage increased HCBS MR/DD medicaid waiver payment rates beginning with the effective date of this section; and
(B) paid on a quarterly basis by waiver providers based on the preceding fiscal revenues received by waiver providers from or on behalf of individuals with developmental disabilities who qualify for the waiver program but for whom the services defined under the waiver program are not reimbursed through such waiver; and, the revenues received by waiver providers from or on behalf of individuals with developmental disabilities who do not qualify for the waiver program but for whom receive the same services offered under such waiver.
(2) The waiver provider assessment will become effective beginning with the first full month after:
(A) The federal centers for medicare and medicaid services (CMS) authorizes developmental disability home and community-based services as a permissible class of health care services on which states may impose a health care-related assessment without penalty; and
(B) the CMS has approved any and all amendments necessary to authorize the uniform percentage rate increases to the medicaid payment rates under Kansas developmental disability home and community-based waiver program.
(3) The duration of the waiver provider assessment shall be all or a portion of the first state fiscal year in which the waiver provider assessment is effective and the subsequent four full state fiscal years.
(4) The moneys collected under the provisions of this section shall be used solely as the nonfederal share of uniform percentage increases to the medicaid payment rates for developmental disability home and community-based services waiver providers.
(5) The waiver provider assessment will be offset on a per claim basis against each waiver provider's home and community-based services MR/DD medicaid waiver payments in an amount equal to the maximum rate allowable by federal law beginning with the effective date of this section. For gross revenues received by waiver providers from or on behalf of individuals with developmental disabilities who qualify for the waiver program but for whom the services defined under the waiver program are not reimbursed through such waiver, and the revenues received by waiver providers from or on behalf of individuals with developmental disabilities who do not qualify for the waiver program but for whom receive the same services offered under such waiver, the maximum rate allowable by federal law will be applied to the annual revenues received for such services for the waiver providers' preceding fiscal year.
(6) The secretary of health and environment shall collect any and all assessments pursuant to the provisions of this section. The secretary of health and environment shall adopt administrative rules and regulations necessary to implement and enforce the provisions of this section within 30 days of the CMS authorization. No rules and regulations of the secretary of health and environment shall grant any exception to or exemption from the waiver provider assessment.
(7) If a waiver provider fails to pay the full amount of the waiver provider assessment imposed pursuant to this subsection when due and payable, including any extensions of time granted, the secretary of health and environment shall impose a penalty in the amount of the lesser of $500 per day or 2% of the assessment owed for the current fiscal year.
(c) (1) There is hereby created in the state treasury the quality based community assessment fund, which shall be administered by the secretary of health and environment. All moneys received or withheld for the assessment imposed pursuant to subsection (b) 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 quality based community assessment fund. All expenditures from the quality based community assessment 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 health and environment or the secretary's designee.
(2) The quality based community assessment fund shall be a no limit fund and shall consist of:
(A) The assessments collected by the secretary of health and environment under this section;
(B) any interest and penalties levied with the administration of this section; and
(C) any other funds received as donations for the quality based community assessment fund and appropriations from other sources.
All moneys in the quality based community assessment fund shall be used solely as the nonfederal share of uniform percentage increases to the medicaid payment rates for waiver providers in order to maintain the quality of services provided to individuals qualifying under Kansas developmental disability waiver program. The fund will reimburse administrative expenses incurred by the department of health and environment or its agent in performing the activities authorized by this section, except that such expenses shall not exceed a total of .5% of the aggregate assessment fees collected during the first fiscal year in which the assessment becomes effective for purposes of start-up costs. The fund shall reimburse the department of health and environment or its agent in the amount of $100,000 each year thereafter to administer the assessment program.
(3) No moneys credited to the fund shall be transferred to or otherwise revert to the state general fund at any time. Notwithstanding the provisions of any other law to the contrary, if any moneys credited to the quality based community assessment fund are transferred or otherwise revert to the state general fund, 30 days following the transfer or reversion, the waiver provider assessment shall terminate and the secretary of health and environment shall discontinue the imposition, assessment and collection of the assessment. Upon termination of the assessment, any collected assessment revenues, including any moneys transferred or otherwise reverting to the state general fund which resulted in the termination of the assessment, less any administrative expenses incurred by the department of health and environment under paragraph (2), shall be returned on a pro rata basis to waiver providers who paid the assessment.
(4) On or before the 10th day of each month, beginning with the first full month following the effective date of the waiver provider assessment, the director of accounts and reports shall transfer from the state general fund to the quality based community assessment fund, interest earnings based on:
(A) The average daily balance of moneys in the fund for the preceding month; and
(B) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) Any moneys received by the state of Kansas from the federal government as a result of federal financial participation in the state's developmental disability waiver program that are derived from the waiver provider assessment shall be used to maintain the quality of services provided by the waiver program.
(e) No moneys collected under the provisions of this section shall be used directly or indirectly to replace or supplant existing state expenditures for payments to waiver providers for services furnished to individuals with developmental disabilities.
(f) (1) The waiver provider assessment and associated uniform percentage increases for all waiver provider medicaid payment rates shall become effective on the first day of the first full month after which the CMS has adopted rules that recognize the waiver provider assessment as a permissible class of health care services on which states may impose such an assessment:
(A) Upon the approval from the CMS of any and all amendments to the medicaid state plan, medicaid developmental disability waiver program, or both, necessary to increase the rates of payments made to the waiver providers for providing services pursuant to the waiver program; and
(B) the waiver providers have been compensated at the uniform percentage increased medicaid payment rates for services provided pursuant to the developmental disability waiver program for the period commencing on and after the authorization of the waiver provider assessment by the CMS.
(2) The secretary of health and environment shall implement and administer the provisions of subsections (a) through (e) in a manner consistent with applicable federal laws and regulations. The secretary of health and environment shall seek any necessary approvals of the federal government that are required for the implementation of subsections (a) through (e).
(3) The provisions of subsections (a) through (e) shall be null and void and shall have no force and effect if either of the following occurs:
(A) The medicaid state plan amendment or an amendment to the medicaid waiver program, or both, as applicable, that would otherwise authorize the uniform percentage increases to the medicaid rates of payment made to waiver providers for providing services pursuant to the developmental disability waiver programs and which is proposed for approval for purposes of subsections (a) through (e) is not approved by the CMS;
(B) the medicaid payment rates made to waiver providers for providing services pursuant to the developmental disability waiver program are reduced below the rates calculated on the day immediately preceding the effective date of this section, increased by revenues in the quality based community assessment fund and matched by federal financial participation. Nothing in this provision should be construed to preclude additional increases to the medicaid payment rates to waiver providers funded through state general fund appropriation;
(C) the medicaid eligibility criteria applicable to individuals qualifying under the Kansas developmental disability waiver program are reduced below the criteria in effect on the day immediately preceding the effective date of this section; or
(D) the medicaid services available to individuals qualifying under the Kansas developmental disability waiver program are reduced below the services available on the day immediately preceding the effective date of this section.
(g) If the provisions of subsections (a) through (e) are repealed, expire or become null and void and have no further force and effect, all moneys in the quality based community assessment fund which were paid under the provisions of subsections (a) through (e) shall be returned to the waiver provider which paid such moneys on the basis on which such payments were assessed and paid pursuant to subsections (a) through (e).
(h) The provisions of this section shall expire five years subsequent to the implementation of this section.
History: L. 2011, ch. 58, § 1; L. 2012, ch. 102, § 54; July 1.
K.S.A. 75-7501 through 75-7511, and amendments thereto, shall be known and may be cited as the "Kansas false claims act."
History: L. 2009, ch. 103, § 1; April 30.
For purposes of this act:
(a) "Act" means the Kansas false claims act.
(b) "Claim" includes any request or demand, whether under contract or otherwise, for money, property or services made to any employee, officer or agent of the state or any political subdivision thereof or made to any contractor, grantee or other recipient if the state or any political subdivision thereof provides any portion of the money, property or services which is requested or demanded, or if the state will reimburse such contractor, grantee or other recipient for any portion of the money or property which is requested or demanded.
(c) "Political subdivision" includes 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.
(d) "Person" includes any natural person, corporation, firm, association, organization, partnership, business or trust.
(e) "Knowing" and "knowingly" mean that a person, with respect to information, does any of the following:
(1) Has actual knowledge of the information;
(2) acts in deliberate ignorance of the truth or falsity of the information; or
(3) acts in reckless disregard of the truth or falsity of the information.
History: L. 2009, ch. 103, § 2; April 30.
(a) A person who commits any of the following acts shall be liable to the state or any affected political subdivision thereof, for three times the amount of damages which the state or such political subdivision sustains because of the act of that person and shall be liable to the state for a civil penalty of not less than $1,000 and not more than $11,000 for each violation. A person found to have committed any of the following acts shall be liable to the state or such affected political subdivision for all reasonable costs and attorney fees incurred in a civil action brought to recover any of those penalties or damages. The following acts constitute violations for which civil penalties, costs and attorney fees may be recovered by a civil action under this act:
(1) Knowingly presents or causes to be presented to any employee, officer or agent of the state or political subdivision thereof or to any contractor, grantee or other recipient of state funds or funds of any political subdivision thereof, a false or fraudulent claim for payment or approval;
(2) knowingly makes, uses or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved;
(3) defrauds the state or any political subdivision thereof by getting a false claim allowed or paid or by knowingly making, using or causing to be made or used, a false record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the state or to any political subdivision thereof;
(4) has possession, custody or control of public property or money used or to be used by the state or any political subdivision thereof and knowingly delivers or causes to be delivered less property or money than the amount for which the person receives a certificate or receipt;
(5) is authorized to make or deliver a document certifying receipt of property used or to be used by the state or any political subdivision thereof and knowingly makes or delivers a receipt that falsely represents the property received;
(6) knowingly buys or receives as a pledge of an obligation or debt, public property from any person who lawfully may not sell or pledge the property;
(7) is a beneficiary of an inadvertent submission of a false claim to any employee, officer or agent of the state or political subdivision thereof, or to any contractor, grantee or other recipient of state funds or funds of any political subdivision thereof, who subsequently discovers the falsity of the claim and fails to disclose the false claim and make satisfactory arrangements for repayment to the state or affected political subdivision thereof within a reasonable time after discovery of the false claim;
(8) conspires to commit any violation set forth in paragraphs (1) through (7), above.
(b) Notwithstanding the provisions of subsection (a), the court may assess not more than two times the amount of damages which the state or any political subdivision thereof sustains because of the act of the person in violation of paragraphs (1) through (8) of subsection (a) and no civil penalty shall be imposed, if the court finds all of the following:
(1) The person committing the violation furnished officials of the state who are responsible for investigating false claims violations with all information known to that person about the violation within 30 days after the date on which the person first obtained the information;
(2) the person fully cooperated with any investigation by the state; and
(3) at the time the person furnished the state with information about the violation, no criminal prosecution, civil action or administrative action had commenced with respect to the violation and the person did not have actual knowledge of the existence of an investigation into the violation.
(c) In a civil action brought pursuant to subsection (a), proof of specific intent to defraud is not required. An innocent mistake shall be a defense to an action under this act.
(d) This section does not apply to claims, records or statements related to state taxation law made pursuant to chapter 79 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2009, ch. 103, § 3; April 30.
(a) The attorney general shall diligently investigate a violation under K.S.A. 75-7503, and amendments thereto. If the attorney general finds that a person has violated or is violating K.S.A. 75-7503, and amendments thereto, the attorney general may bring a civil action under this section against that person. Further, the attorney general may utilize the assistance of city and county attorneys in cases involving their respective political subdivisions or may utilize funds available pursuant to K.S.A. 75-7508, and amendments thereto, to engage the services of private attorneys to assist in carrying out the purposes of this act, or both, at times when the attorney general determines the need exists. All local prosecutors and private attorneys shall only participate at the request, and under the direction of, the attorney general.
(b) Except as provided in K.S.A. 75-7506, and amendments thereto, nothing in this act shall be construed to create a private cause of action.
History: L. 2009, ch. 103, § 4; April 30.
(a) A civil action under K.S.A. 75-7503, and amendments thereto, may not be brought: (1) More than 6 years after the date on which the violation was committed; or
(2) more than 3 years after the date on which the violation was discovered or reasonably should have been discovered, but in no event more than 10 years after the date on which the violation was committed, whichever occurs last.
(b) A civil action under K.S.A. 75-7503, and amendments thereto, may be brought for activity prior to the effective date of this act if the limitation period set in subsection (a) has not lapsed.
(c) In any action brought under K.S.A. 75-7503, and amendments thereto, the state shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
(d) Notwithstanding any other provision of law, a guilty verdict rendered in a criminal proceeding charging false statements or fraud, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under K.S.A. 75-7503, and amendments thereto.
History: L. 2009, ch. 103, § 5; April 30.
Any employee who is discharged, demoted, suspended, threatened, harassed or in any other manner retaliated against in the terms and conditions of employment by such employee's employer because of lawful acts undertaken in good faith by the employee on behalf of the employee or others, in furtherance of an action under this act, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed under this act, shall be entitled to all relief necessary to make the employee whole. An employee may bring an action in the appropriate district court for the relief provided in this section. This section shall not be construed to create any private cause of action for violations of this act and is limited to the remedies expressly created by this section related to employment retaliation.
History: L. 2009, ch. 103, § 6; April 30.
(a) The provisions of this act are not exclusive and the remedies provided for in this act shall be in addition to any other remedies provided for in any other law or available under common law.
(b) This act shall be liberally construed and applied to promote the public interest.
History: L. 2009, ch. 103, § 7; April 30.
(a) Proceeds recovered as a result of an action filed pursuant to the Kansas false claims act shall be distributed in the following order:
(1) To refund moneys falsely obtained from the federal government, state government or political subdivision thereof pursuant to subsection (b); and
(2) to the state treasurer for deposit in the state general fund pursuant to subsection (c).
(b) A portion of the recovery equal to the amount of moneys falsely obtained from the federal government, state government, affected political subdivision thereof or state agencies, or a combination thereof, shall be remitted to the appropriate entity shown to be defrauded, subject to any further requirements established by federal or state law.
(c) That portion of any recovery remitted to the state treasurer pursuant to subsection (a) shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of such remittance, the state treasurer shall deposit the entire amount in the state general fund and, subject to any relevant guidelines of the federal department of health and human services' office of inspector general regarding repayment of fees or recoveries, shall credit 10% of such remittance to the false claims litigation revolving fund, which is hereby established in the state treasury. Moneys in the false claims litigation revolving fund may be expended by the attorney general for the purpose of hiring necessary staff and to defray the costs of investigating and litigating ongoing false claims cases and may be shared at the direction of the attorney general with the Kansas medicaid fraud and abuse division, Kansas bureau of investigation or any county, city or private attorneys who may be utilized or contracted with pursuant to K.S.A. 75-7504, and amendments thereto, in carrying out the purposes of this act and any other operating expenses incurred in administering the Kansas false claims act. All expenditures from the false claims litigation revolving 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 the attorney general's designee.
History: L. 2009, ch. 103, § 8; L. 2014, ch. 89, § 4; July 1.
Liability pursuant to this act is joint and several for any violation done by two or more persons.
History: L. 2009, ch. 103, § 9; April 30.
Any action under this act may be brought in the district court of any county in which the defendant or, in the case of multiple defendants, any one defendant can be found, resides or transacts business or in which any act prohibited by K.S.A. 75-7503, and amendments thereto, occurred.
History: L. 2009, ch. 103, § 10; April 30.
If any provision of this act or the application thereof to any person or circumstance 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. 2009, ch. 103, § 11; April 30.
(a) K.S.A. 2025 Supp. 75-7601 through 75-7606, and amendments thereto, shall be known and may be cited as the child advocate act.
(b) As used in the child advocate act:
(1) "Child" means any individual under 18 years of age who:
(A) Is in the custody of the secretary for children and families;
(B) may be alleged to be a child in need of care as provided in K.S.A. 38-2201 et seq., and amendments thereto;
(C) is alleged to be a child in need of care as provided in K.S.A. 38-2201 et seq.; or
(D) is currently or was receiving services or treatment from the department of corrections within the previous five years; and
(2) "office" means the office of the child advocate and includes the child advocate and staff.
History: L. 2024, ch. 73, § 1; July 1.
(a) There is hereby established the office of the child advocate, the head of which shall be the child advocate. In the performance of the powers, duties and functions prescribed by law, the office shall be an independent state agency. The child advocate shall be appointed by the governor and subject to confirmation by the senate as provided by K.S.A. 75-4315b, and amendments thereto.
(b) (1) Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed to the position of the child advocate shall exercise any power, duty or function of the child advocate until confirmed by the senate. The child advocate shall be selected without regard to political affiliation and on the basis of integrity and capacity for effectively carrying out the duties of the office. The child advocate shall be an individual with extensive experience in the practice of case management, clinical services or legal services to children and families involved in the child welfare system.
(2) No former or current executive or manager of any program or agency or contracting entity subject to oversight by the office may be appointed to the position of the child advocate within 12 months of the end of that individual's period of service with such program or agency.
(3) A person appointed to the position of the child advocate shall serve for a term of five years or until a successor has been appointed and confirmed.
(4) The child advocate shall be in the unclassified service and shall receive an annual salary in an amount equal to the annual salary paid by the state to a district court judge.
(5) The child advocate shall exercise independent judgment in carrying out the duties of the office.
(c) (1) Subject to this subsection, the child advocate shall have general managerial control over the office of the child advocate and shall establish the organizational structure of the office as the child advocate deems appropriate to carry out the responsibilities and functions of the office.
(2) All budgeting, purchasing, personnel and related administrative functions of the office shall be administered under the direction and supervision of the child advocate.
(3) Within the limits of appropriations therefor, the child advocate may hire such employees in the unclassified service as are necessary to administer the office. Such employees shall serve at the pleasure of the child advocate. Subject to appropriations and this subsection, the child advocate may obtain the services of other professionals necessary to independently perform the functions of the office, including obtaining legal services as provided by K.S.A. 75-769, and amendments thereto.
(4) The child advocate may enter into agreements with the secretary of administration for the provision of personnel, facility management and information technology services.
History: L. 2024, ch. 73, § 2; July 1.
(a) The purpose of the office of the child advocate is to ensure that children and families receive adequate coordination of child welfare services for child protection and care through services offered by the Kansas department for children and families or the department's contracting entities, the department for aging and disability services, the department of corrections, the department of health and environment and juvenile courts.
(b) The office shall receive and resolve complaints that allege the Kansas department for children and families or an entity contracting with the department, by act or omission, has provided inadequate protection or care of children, failed to protect the physical or mental health, safety or welfare of any child or failed to follow established laws, rules and regulations or written policies. The child advocate shall:
(1) Establish and implement procedures for receiving, processing, responding to and resolving complaints made by or on behalf of children that relate to state agencies, service providers, including contractors and subcontractors, and any juvenile court that adversely affect or may adversely affect the health, safety and welfare of such children;
(2) provide the Kansas department for children and families with a notice of availability that describes the office and procedures for contacting the office. The department shall ensure such notice is prominently posted in department offices and facilities receiving public moneys for the care and placement of children;
(3) maintain a publicly available website;
(4) publicize and notify individuals of the office's services, purpose and contact information;
(5) compile, collect and preserve a record of complaints received and processed that may reveal concerning patterns to be addressed; and
(6) make recommendations for changes to policies, procedures or adopted or proposed rules and regulations of any state or local agency that adversely affect or may adversely affect the health, safety and welfare of any child.
(c) The office shall independently investigate complaints received pursuant to subsection (b) if the office reasonably believes the complaint's allegations may be independently verified through an investigation. To investigate, the office shall:
(1) Establish and implement procedures for investigating complaints;
(2) have access to the following information related to complaints received:
(A) The names and physical location of all children in protective services, treatment or other programs under the jurisdiction of the Kansas department for children and families or the department of corrections;
(B) all written reports of child abuse and neglect;
(C) all records as provided in K.S.A. 38-2201 et seq. and 38-2301 et seq., and amendments thereto; and
(D) all current records required to be maintained pursuant to articles 22 and 23 of chapter 38 of the Kansas Statutes Annotated, and amendments thereto;
(3) communicate privately with the following persons or entities, after consultation with treatment professionals and service providers:
(A) Any child or child's siblings; and
(B) anyone working with the child, including the family, relatives, employees of the Kansas department for children and families or the department of corrections and other persons or entities providing treatment and services;
(4) have access to, including the right to inspect and copy, relevant child records as identified for disclosure in K.S.A. 38-2201 et seq. and 38-2301 et seq., and amendments thereto;
(5) work in conjunction with juvenile intake and assessment workers, juvenile community corrections officers, guardians ad litem and court-appointed special advocates;
(6) take statements under oath and obtain judicial enforcement of compulsory processes; and
(7) subpoena materials and witnesses using the following procedures:
(A) When the office reasonably believes that materials or witnesses sought will assist in the investigation, the child advocate may issue a subpoena directing documents, reports or information to be delivered to the office at a specific time, date and place or directing a person to appear as a witness at a specific time, date and place. Such time and date shall not be sooner than seven days after the service of the subpoena, excluding Saturdays, Sundays, legal holidays and days on which the office of the clerk of the court is not accessible. The child advocate shall keep a copy of the subpoena in a special file maintained for that purpose;
(B) upon receiving service of a subpoena pursuant to this paragraph, the person or agency served shall give written notice of service to any person known to have a right to assert a privilege or assert a right of confidentiality in regard to the documents, reports or information sought at least five days before the date of delivery or appearance;
(C) any parent, child, guardian ad litem, person or entity subpoenaed or person or entity who claims a privilege or right of confidentiality may request in writing that the child advocate quash a subpoena issued pursuant to this paragraph. The request to quash the subpoena shall be filed with the office at least 24 hours prior to the specified time and date of delivery or appearance, excluding Saturdays, Sundays, legal holidays and days on which the office of the clerk of the court is not accessible, and a copy of the written request shall be given to the person subpoenaed at least 24 hours prior to the specified time and date of delivery or appearance; and
(D) if the child advocate does not quash the subpoena, the written request shall automatically stay the operation of the subpoena until the child advocate obtains a court order for the subpoena to be honored, and the documents, reports or information requested shall not be delivered and the witness shall not appear. An appropriate district court may issue an order for the subpoena to be honored after the court has held a hearing to determine if the documents, reports or information are subject to the claimed privilege or right of confidentiality, and whether it is in the best interests of the child for the subpoena to be honored.
(d) To resolve complaints received pursuant to subsection (b), the office shall:
(1) Establish and implement procedures to resolve the complaints;
(2) independently review the subject of the complaint and after the initial review of the complaint and any accompanying material, the child advocate may recommend that a department or contracting entity:
(A) Consider the matter further;
(B) modify or cancel the department or contracting entity's actions;
(C) alter a rule, order or internal policy;
(D) explain the action further; or
(E) within a reasonable time after receiving a recommendation, provide the office information concerning the department or contracting entity action to implement or not implement recommendations made by the office pursuant to this paragraph;
(3) submit any findings or recommendations pursuant to paragraph (2) to the secretary for children and families or the secretary of corrections as appropriate;
(4) upon reason to believe a criminal investigation is warranted, make a referral of child abuse or neglect to an appropriate law enforcement agency with jurisdiction over the matter and notify the abuse, neglect and exploitation unit of the office of the attorney general; and
(5) produce reports of findings of fact or conclusions of law regarding any complaint, and, if appropriate, the attorney general may file such reports in any pending child in need of care case on behalf of the office.
(e) To assist the legislature in oversight of the child welfare system, the office may:
(1) Meet and discuss any matter in the scope of the child advocate act with the joint committee on child welfare system oversight in regular or executive session under the same duties of confidentiality provided for the child advocate;
(2) review relevant statutes, rules and regulations, policies and procedures for the health, safety and welfare of children;
(3) evaluate the effectiveness of and recommend changes to procedures for reports of child abuse and neglect for child protective services, including, but not limited to, the involvement of the Kansas department for children and families, service providers, guardians ad litem, court appointed special advocates and law enforcement agencies; and
(4) review and recommend changes to law enforcement investigative procedures for and emergency responses to reports of abuse and neglect.
(f) (1) On or before the beginning of each regular session of the legislature, the office shall prepare and submit a report to the governor, the chief justice of the supreme court and the office of judicial administration, the secretary for children and families, the president of the senate, the speaker of the house of representatives, the joint committee on child welfare oversight, the house of representatives standing committee on child welfare and foster care, the senate standing committee on judiciary, or their successor committees, and any other relevant legislative committee.
(2) Such report shall include:
(A) The number of complaints received by the office;
(B) the disposition of such complaints;
(C) the number of children involved in such complaints;
(D) the outcome of such complaints;
(E) any recommendations for changes in statute, policies, procedures or rules and regulations;
(F) the office's proposed annual budget; and
(G) any other topics that the office deems appropriate to properly perform the powers, duties and functions provided by the child advocate act.
(g) The annual budget request of the office shall be prepared by the child advocate. The child advocate shall submit an annual budget request to the division of budget. Such budget request shall be prepared and submitted in the manner provided by K.S.A. 75-3716 and 75-3717, and amendments thereto.
(h) To assist the office in the office's duties under the child advocate act, employees of the Kansas department for children and families, the department's contracting agencies, the department of corrections, juvenile intake and assessment workers, juvenile community corrections officers, guardians ad litem and court appointed special advocates shall:
(1) Work diligently, promptly and in good faith to assist the office in performing the office's powers, duties and functions provided by the child advocate act;
(2) provide full access to and production of records and information requested by the office in the office's duties provided by the act. Such access shall not be a violation of confidentiality of such records if provided and produced in good faith for the purposes of the act;
(3) require employees and contractors of such department or agency to comply with requests from the office in such office's duties provided by the act;
(4) allow employees of such department or agency to file a complaint with or provide records or information to the office without supervisory approval;
(5) not willfully interfere with or obstruct any of the office's duties provided by the act; and
(6) promptly meet and consult with the office upon request of the office.
History: L. 2024, ch. 73, § 3; July 1.
(a) For any information obtained from a state agency or other entity under the child advocate act, the office shall be subject to the same state and federal statutory disclosure restrictions and confidentiality requirements that are applicable to the state agency or other entity providing such information to the office.
(b) Any files maintained by the office shall be confidential and disclosed only at the discretion of the child advocate, except that the identity of any complainant or child shall not be disclosed by the office unless:
(1) The complainant or child, respectively, or the complainant's or child's legal representative, consents in writing to such disclosure; or
(2) such disclosure is required by court order.
(c) (1) Any person who, without malice, participates in any complaint or information made or provided in good faith to the office shall have immunity from any civil liability that might otherwise be incurred or imposed. This paragraph shall not be construed to protect from suit or liability when caused by the intentional or willful or wanton misconduct of a person.
(2) The child advocate, the office and any employee of the office shall be immune from civil liability, either personally or in their official capacity, including, but not limited to, claims of damage to or loss of property or personal injury that are caused by or arising out of the performance of duties of the office. This paragraph shall not be construed to protect from suit or liability when caused by the intentional or willful or wanton misconduct of a person.
(3) Any statement or communication made by the child advocate, the office or any employee of the office relevant to a complaint being investigated by the office, whether oral or written, shall be privileged and shall not be disclosed to any person or entity, be admissible in any civil action, administrative proceeding or disciplinary board of this state, 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, unless the child advocate is already a party to such proceedings.
(d) A representative of the office conducting or participating in any investigation of a complaint shall not knowingly disclose to any person other than the office, or a person authorized by the office, the name of any witness examined or any information obtained or given during such investigation. Violation of this subsection is a class A nonperson misdemeanor.
(e) When the office is conducting or has conducted an investigation of a complaint, the office shall disclose the final result of the investigation with the consent of the child or child's legal representative.
(f) The office shall not be required to testify in any court with respect to matters held to be confidential in this section, except as the court may deem necessary to enforce the provisions of the child advocate act or when otherwise required by court order.
(g) The provisions of this section providing for confidentiality of records shall expire on July 1, 2029, unless the legislature acts to continue such provisions. The legislature shall review this section pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.
History: L. 2024, ch. 73, § 4; July 1.
(a) (1) Except as provided by paragraph (2), no retaliatory action shall knowingly be taken against any child or employee of the Kansas department for children and families, an employee of the department's contracting agencies or the department of corrections for any communication made or information given to the office. Violation of this paragraph is a class A nonperson misdemeanor.
(2) Paragraph (1) shall not apply to an employee who discloses:
(A) Information that such employee knows to be false or information without regard for the truth or falsity of the information; or
(B) without lawful authority, information that is confidential as provided by any other provision of law.
(b) An employee of the office of the child advocate shall not knowingly disclose false information or disclose confidential information without lawful authority.
(c) As used in this section, "retaliatory action" includes, but is not limited to:
(1) Letters of reprimand or unsatisfactory performance evaluations;
(2) transfer;
(3) demotion;
(4) reduction in pay;
(5) denial of promotion;
(6) suspension;
(7) dismissal; and
(8) denial of employment.
History: L. 2024, ch. 73, § 5; July 1.
Nothing in this act shall be construed to permit any governmental agency to exercise control or supervision over the child advocate or the office of the child advocate.
History: L. 2024, ch. 73, § 6; July 1.
(a) There is hereby established within the executive branch the Kansas office of early childhood for the purpose of creating greater transparency, safety and efficiency to Kansans with the oversight of all funds, programs and policies related to early childhood care services provided in Kansas.
(b) The Kansas office of early childhood shall be administered under the direction and supervision of the director of early childhood.
(c) The governor shall appoint the director of early childhood, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided in 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.
(d) The director shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary to be fixed by the governor. The director shall serve at the pleasure of the governor.
(e) Except as provided in K.S.A. 38-2103, and amendments thereto, all budgeting, purchasing and related management functions of the Kansas office of early childhood shall be administered under the direction and supervision of the director of early childhood.
(f) All 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 director of early childhood or the director's designee. The director shall submit to the legislature the annual request for the Kansas office of early childhood for appropriations, including the use of moneys subject to K.S.A. 38-2102 and 38-2103, and amendments thereto. The office's request shall be prepared and submitted in the form and manner provided by K.S.A. 75-3716 and 75-3717, and amendments thereto.
(g) The Kansas governmental operations accountability law applies to the Kansas office of early childhood, and the office shall be subject to audit, review and evaluation under such law.
(h) The director shall maintain an office in Topeka, Kansas.
(i) (1) On or before July 1, 2025, the governor shall appoint an interagency transition team to begin office operations.
(2) On or before January 1, 2026:
(A) The governor shall appoint the director; and
(B) the office shall begin transitioning programs identified in K.S.A. 2025 Supp. 75-7705, and amendments thereto, from state agencies to the office.
(3) On or before July 1, 2026, all identified programs shall be under the direction and supervision of the director, including staff and other operational functions.
(j) Nothing in this act shall be construed to preempt, supersede or impinge on the authority of the Kansas department for children and families provided in K.S.A. 75-3084 through 75-3089, and amendments thereto.
History: L. 2025, ch. 118, § 8; July 1.
(a) The Kansas office of early childhood shall be responsible for:
(1) The implementation of child care policies, processes, procedures and funding with direction from the governor, the director of early childhood and the legislature;
(2) the implementation of policies, processes and awards granted through the children's cabinet, subject to appropriations and approval of the legislature;
(3) the provision of mediation, support and problem-solving resolutions through child care advocacy services;
(4) providing easily-accessible support to the public and persons providing and receiving child care services;
(5) ensuring access to information, services, resolution of issues, rules and regulations and funding in a user-friendly manner as prescribed by the director;
(6) serving as a central point of contact for federal and state agencies on child care services, funding and grants; and
(7) maximizing administrative efficiencies to reduce burdens on families and improve access to early childhood services.
(b) The director of early childhood shall ensure efficient use of funds for the provision of child care services and report such efficient use through the following:
(1) Maximizing funds for child care services, support programs and grant initiatives for efficiency and reducing administrative waste, fraud and abuse and ensuring greatest possible benefit to eligible families and providers;
(2) establishing clear performance metrics and accountability measures to ensure effective use of state and federal resources, including conducting regular audits, outcome-based evaluations and cost-efficiency reviews; and
(3) complying with all rules and regulations adopted pursuant to the requirements set forth in K.S.A. 39-709, and amendments thereto.
(c) On or before January 20, 2026, and each year thereafter, the director shall submit a report to the Kansas legislature that includes:
(1) The allocation and expenditure of funds and resources;
(2) measurable outcomes of programs funded through the office, including, but not limited to, compliance to safety regulations and number of complaints received and resolved;
(3) identified inefficiencies within the office and system and the corrective action taken in response;
(4) recommendations for improving fiscal stewardship, service delivery, implementation of statutory requirement and any potential changes;
(5) updates on changes to rules and regulations;
(6) all data and metrics related to service rates for children and families, workforce and private actors, service delivery and fiscal efficiency of all programs and recommendations for continuation or termination of such programs; and
(7) any pilot program, including, but not limited to, the number of participating day care facilities or youth development programs and number of children attending such facilities or programs, provisions of statutes and regulations waived by the director, recommendations for changes to this act and a summary of findings from the pilot program based on available information.
History: L. 2025, ch. 118, § 9; July 1.
(a) The director of early childhood shall:
(1) Prepare, submit to the legislature and implement plans for a comprehensive service delivery system for children and families;
(2) facilitate and coordinate interagency cooperation toward the goal of serving children and families with a variety of other state agencies, such as the Kansas department for children and families, the department of health and environment, the department of corrections, the state board of education, the state board of regents and any other state offices, department or board providing services to Kansas children and families;
(3) provide a central contact for information and assistance for children, families, communities and businesses in need of early childhood care and related services;
(4) serve as the primary contact for the Kansas legislature on policy, administrative support and constituent services relating to early childhood care and related services;
(5) enter into such contracts and agreements as necessary or incidental to the performance of the powers and duties of the executive director;
(6) charge and collect, by order, a fee necessary for the administration and processing of paper documents, including, but not limited to, 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 Kansas office of early childhood;
(7) appoint and oversee deputy directors within the office;
(8) transition the administration of the following programs and state functions to the office:
(A) Child care subsidy;
(B) children's cabinet and trust fund;
(C) day care facility licensing, youth development programs, school-age programs and early youth care programs;
(D) child care quality;
(E) head start collaboration office;
(F) healthy families America;
(G) Kansas early head start child care partnership;
(H) Kansas early head start home visitation;
(I) maternal and child health home visitation;
(J) maternal, infant and early childhood home visitation; and
(K) parents as teachers;
(9) enter into agreements with the secretary of administration for the provision of shared services, including, but not limited to, personnel and other administrative services for the office;
(10) adopt, amend or revoke any rules and regulations necessary to carry out this act and the programs and duties of the office; and
(11) ensure that all Kansas children's cabinet functions are executed in accordance with K.S.A. 38-1901, and amendments thereto.
(b) The director shall not adopt rules and regulations or policies requiring educational outcomes or curriculum for persons or entities licensed pursuant to this act.
(c) Nothing in this section shall be construed to authorize the director to administer the preschool programs in K.S.A. 72-3215 and 72-5154, and amendments thereto.
(d) Subject to this act, the director shall organize the Kansas office of early childhood in the manner that the director deems most efficient. The director may establish policies governing the transaction of business of the office and the administration of each division within the office. The deputy directors shall perform such duties and exercise such powers as the director may prescribe and such duties and powers as are prescribed by law. Such deputy directors shall act for and exercise the powers of the director to the extent that authority to do so is delegated by the director.
(e) Administration of programs transferred by this section are subject to federal and state appropriations.
History: L. 2025, ch. 118, § 10; July 1.
(a) Except as otherwise provided by law, and subject to the Kansas civil service act, the director shall appoint:
(1) Subordinate officers and employees as are necessary to enable the director to exercise or perform the functions, powers and duties pursuant to this act;
(2) the deputy director of child care licensure and finance;
(3) the deputy director of home visitation; and
(4) the deputy director of the Kansas children's cabinet.
(b) Nothing in this section shall be construed to affect the status, rights or benefits of civil service accrued or vested in any employee of the Kansas children's cabinet, the Kansas department for children and families, the department for health and environment or the state department of education.
History: L. 2025, ch. 118, § 11; July 1.
(a) (1) There is hereby established within and as a part of the Kansas office of early childhood the deputy director of child care licensure and finance. The deputy director shall oversee day care licensure, including, day care facility and child care resource and referral agency licensing and child care finance and quality.
(2) The deputy director shall be in the unclassified service under the Kansas civil service act and appointed by the director.
(3) All of the powers, duties and functions of the existing day care and child care resource and referral agency licensing programs pursuant to this act within the division of public health of the department of health and environment are hereby transferred to the deputy director.
(4) The deputy director shall manage all components of licensure, including, but not limited to, inspections, waiver approvals and revocation of licenses.
(5) Whenever day care and child care resource and referral agency licensing, or words of like effect, are referred to or designated by any statute, rule and regulation, contract or any other document, including any statute, rule and regulation, contract or any document created pursuant to the authorities transferred by this section, such reference or designation shall apply to the deputy director.
(6) The deputy director may enter into agreements with the Kansas department for children and families for the administration of child care subsidy payments. If executed, such agreements shall require that the secretary for children and families determine an applicant's eligibility for the child care subsidy according to K.S.A. 39-709, and amendments thereto, and provide information pertaining to such eligible applicants to the deputy director for the administration of such benefits.
(7) There is hereby established the child care ombudsman to be overseen by the deputy director of child care licensing and finance. Such ombudsman shall:
(A) Serve as a central point of contact for concerns regarding the delivery and system of child care services and receive, investigate and address complaints, concerns and inquiries in a timely manner from the public regarding child care services, providers and related programs;
(B) act as an advocate for parents, families and child care providers by facilitating communication between stakeholders and ensuring that concerns are resolved efficiently and fairly;
(C) work collaboratively with state agencies, the director of early childhood, service providers and advocacy organizations to improve the quality, accessibility and affordability of child care services in Kansas;
(D) provide clear guidance and information, in conjunction with and direction from the director, to the public about child care regulations, available support programs and how to access services when concerns arise;
(E) submit an annual report to the director, to be shared with the legislature, detailing the number and nature of concerns addressed, actions taken and recommendations for improvements in child care services and policies;
(F) review all revocations of licensure upon a complaint and make appeal to director. If an unsatisfactory determination is made, the provider may appeal through the administrative procedure act; and
(G) recommend changes in policies, rules and regulations or procedures to improve the functioning of child care services in Kansas to the director, the governor and the legislature.
(b) (1) There is hereby established within and as a part of the Kansas office of early childhood the deputy director of home visitation. The deputy director shall oversee home visitation programs.
(2) The deputy director shall be in the unclassified service under the Kansas civil services act and appointed by the director.
(3) All the powers, duties and functions of existing home visitation programs are hereby transferred to the deputy director of home visitation.
(4) Whenever the existing home visitation programs or word of like effect, are referred to or designated by any statute, rule and regulation, contract or any other document, including any statute, rule and regulation, contract or any document created pursuant to the authorities transferred by this section, such reference or designation shall apply to the deputy director.
(c) (1) There is hereby established within and as a part of the Kansas office of early childhood the deputy director of the Kansas children's cabinet established under K.S.A. 38-1901, and amendments thereto.
(2) The Kansas children's cabinet shall be administered by the deputy director of the Kansas children's cabinet, who shall be in the unclassified service under the Kansas civil service act and appointed by the director.
(3) All of the powers, duties, functions and cabinet-approved programs of the existing Kansas children's cabinet and the Kansas children's cabinet director are hereby transferred to the Kansas office of early childhood.
(4) The children's cabinet established in K.S.A 38-1901, and amendments thereto, is subject to appropriations of the legislature.
History: L. 2025, ch. 118, § 12; July 1.
(a) On or before July 1, 2026, except as otherwise provided by this act, all rules and regulations, orders and directives of state agencies related to the programs transferred by this act that are in effect on the effective date of this act shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the Kansas office of early childhood until revised, amended, revoked or nullified pursuant to law.
(b) (1) On or before July 1, 2026, the balances of all funds and accounts appropriated or reappropriated that were used for or pertain to the powers, duties and functions of programs transferred to the Kansas office of early childhood pursuant to this act are hereby transferred within the state treasury to the Kansas office of early childhood and shall be used for the purpose for which the appropriation was originally made. The director of Kansas office of early childhood shall determine and certify to the director of accounts and reports the amount in each account of the state general fund or special revenue fund of state agencies that have been determined by the director of the Kansas office of early childhood to be transferred. Upon receipt of a certification pursuant to this paragraph, the director of accounts and reports shall transfer the amount certified pursuant to this paragraph from each account of the state general fund or special revenue fund of a state agency that has been determined by the director of the Kansas office of early childhood to be transferred.
(2) On or before July 1, 2026, the Kansas office of early childhood shall succeed to all property, property rights and records of state agencies that were used for or pertain to the powers, duties and functions of the programs transferred to the Kansas office of early childhood pursuant to this act.
(3) On or before July 1, 2026, any conflict as to the proper disposition of the unexpended balance of any appropriation, property, property rights, personnel or records as a result of the transfer of programs to the Kansas office of early childhood pursuant to this act arising under this subsection shall be determined by the governor.
(c) (1) On or after July 1, 2026, 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 act or by or against any officer of the state in such officer's official duties shall abate by reason 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.
(2) On or after July 1, 2026, no criminal action commenced or that could have been commenced by the state shall abate by the taking effect of this act.
(d) (1) On or before July 1, 2026, all officers and employees of the state agencies related to the programs transferred in this act who, immediately prior to the effective date of this act, are engaged in the exercise and performance of the powers, duties and functions transferred by this act, as well as all officers and employees of the state agencies related to the programs transferred in this act who are determined by the director of the Kansas office of early childhood 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 act, are hereby transferred to the Kansas office of early childhood. All classified officers and employees so transferred shall retain their status as classified employees.
(2) On or before July 1, 2026, officers and employees transferred by this act 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 act shall affect the classified status of any transferred person employed prior to the date of this transfer.
(3) On or before July 1, 2026, notwithstanding the effective date of this act, the provisions of this act prescribing the transfer of officers and employees to the Kansas office of early childhood established by this act, the date of transfer of each such officer or employee shall commence at the start of a payroll period.
History: L. 2025, ch. 118, § 13; July 1.
(a) It shall be unlawful for any person, firm, corporation or association to conduct or maintain a day care facility for children under 16 years of age without having a license or temporary permit therefor from the executive director of the Kansas office of early childhood. Nothing in this act shall apply to:
(1) A residential facility or hospital that is operated and maintained by a state agency as defined in K.S.A. 75-3701, and amendments thereto;
(2) child care facilities as defined in K.S.A. 65-503, and amendments thereto;
(3) a summer instructional camp that is provided by a not-for-profit, school, verifiable nonpublic school or an employee of such school; or
(4) a person or group of persons providing educational activities for children ages pre-K through high school to such persons' children.
(b) Organizations or persons providing services defined as a day care under this act and not included in this section may apply for and be granted a waiver as provided for under the act.
(c) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 15; July 1.
(a) As used in this act:
(1) "Act" means K.S.A. 2025 Supp. 65-544 and 75-7701 through 75-7728, and amendments thereto.
(2) "Assistant teacher" means a staff member of a child care center who is responsible for assisting the lead teacher in the care of children.
(3) "Child care center" means a facility that meets child care center regulations and provides care and educational activities for children.
(4) "Child care home" means the premises where care is provided for children at a residence.
(5) "Child care resource and referral agency" means a business or service conducted, maintained or operated by a person engaged in providing resource and referral services, including information on specific services provided by child care facilities, to assist parents to find child care.
(6) "Day care facility" means a day care home, preschool, child care center, school-age program, youth development program or other facility of a type determined by the director to require regulation under this act.
(7) "Employee" means a person working, regularly volunteering or residing in a day care facility.
(8) "Infant" means a child who is between two weeks and 12 months of age or a child older than 12 months who has not yet learned to walk.
(9) "Lead teacher" means an individual who can independently staff any unit in a child care center.
(10) "Licensure year" means the period of time beginning on the effective date and ending on the expiration date of a license.
(11) "Person" means any individual, association, partnership, corporation, government, governmental subdivision or other entity.
(12) "Program director" means the staff member of a child care center is responsible for implementing and supervising the comprehensive and coordinated plan of activities that provide for the education, care, protection and development of children who attend a child care center.
(13) "Religious beliefs" means the same as defined in K.S.A. 44-663, and amendments thereto.
(14) "School-age" means a child who will be at least six years of age on or before the first day of September of any school year but is under 16 years of age.
(15) "Unit" means the number of children who may be present in one group in a child care center.
(16) "Youth development program" means the same as defined in K.S.A. 2025 Supp. 75-7724, and amendments thereto.
(b) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 16; July 1.
(a) The director of the Kansas office of early childhood shall have the power to grant a license to a person to maintain a day care facility for children under 16 years of age. A license granted to maintain a day care facility shall state the name of the licensee, describe the particular premises in or at which the business shall be carried on, whether it shall receive and care for children, and the number of children that may be cared for at any one time. No greater number of children than is authorized in the license shall be kept on such premises, and the business shall not be carried on in a building or place not designated in the license. The license shall be kept posted in a conspicuous place on such premises, where the business is conducted. A license granted to maintain a day care facility shall have on its face an expiration sticker stating the date of expiration of the license.
(b) The director of the Kansas office of early childhood shall not grant a license in any case until careful inspection of the day care facility has been made according to the terms of this act and until such day care facility has complied with all the requirements of this act. The director of the Kansas office of early childhood may issue a temporary permit to operate for a period of not to exceed 90 days upon receipt of an initial application for license. The director of the Kansas office of early childhood may extend the temporary permit to operate for an additional period of not to exceed 90 days if an applicant is not in full compliance with this act but has made efforts toward full compliance.
(c) (1) In all cases where the secretary for children and families deems it necessary, an investigation of the day care facility shall be made under the supervision of the secretary for children and families or other designated qualified agents. For that purpose and for any subsequent investigations, such agents shall have the right of entry and access to the premises of the facility and to any information deemed necessary for the completion of the investigation. In all cases where an investigation is made, a report of the investigation of such facility shall be filed with the director of the Kansas office of early childhood.
(2) In cases where neither approval nor disapproval can be given within a period of 30 days following a formal request for such a study, the director of the Kansas office of early childhood may issue a temporary license without a fee, pending final approval or disapproval of the center or facility.
(d) Whenever the director of the Kansas office of early childhood refuses to grant a license to an applicant, the director of the Kansas office of early childhood shall issue an order to that effect, stating the reasons for such denial and, within five days after the issuance of such order, notify the applicant of the refusal. Upon application and not more than 15 days after the date of issuance of such order, a hearing on the order shall be held in accordance with the Kansas administrative procedure act.
(e) When the director of the Kansas office of early childhood finds, upon investigation or is advised by the secretary for children and families, that K.S.A. 59-2123, and amendments thereto, or this act are being violated or the day care facility is maintained without due regard to the health, safety or welfare of any child, the director of the Kansas office of early childhood may issue an order revoking such license after giving notice and the opportunity for a hearing in accordance with the Kansas administrative procedure act. Such order shall clearly state the reason for the revocation.
(f) If the director revokes or refuses to renew a license, the licensee who had a license revoked or not renewed shall not be eligible to apply for a license for a period of one year subsequent to the date such revocation or refusal to renew becomes final. If the director revokes or refuses to renew a license of a licensee who is a repeat violator for three or more times of statutory requirements or rules and regulations or is found to have contributed to the death or serious bodily harm of a child under such licensee's care, such licensee shall be permanently prohibited from applying for a new license to provide child care or from seeking employment under another licensee.
(g) Any applicant or licensee aggrieved by a final order of the director of the Kansas office of early childhood denying or revoking a license under this act may appeal the order in accordance with the Kansas judicial review act.
(h) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 17; July 1.
(a) The annual fee for a license to conduct a day care facility or child care resource and referral agency shall be fixed by the director of the Kansas office of early childhood by rules and regulations in an amount not to exceed the following:
(1) For a child care resource and referral agency, $150; and
(2) for any day care facility subject to this act, there shall be no annual fee for a license to conduct a day care facility.
(b) The license fee shall be paid to the director of the Kansas office of early childhood when the license is applied for and annually thereafter. The fee shall not be refundable. Fees in effect under subsection (a) immediately prior to July 1, 2026, shall continue in effect on and after July 1, 2026, until a different fee is established by the director of the Kansas office of early childhood by rules and regulations.
(c) Any licensee who fails to renew such license within 30 days after the expiration of the license shall pay to the director the renewal fee plus a late fee in an amount of $75 or an amount equal to the fee for the renewal of a license, whichever is greater.
(d) Any licensee applying for an amended license shall pay to the director of the Kansas office of early childhood a fee established by rules and regulations of the director in an amount of not to exceed $35.
(e) There is hereby created the day care facilities and child care resource and referral agencies licensing fee fund. The director of the Kansas office of early childhood shall remit all moneys received by the director from fees under this section to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer, notwithstanding any other law to the contrary, shall deposit the entire amount in the state treasury to the credit of the day care facilities and child care resource and referral agencies licensing fee fund. All expenditures from the day care facilities and child care resource and referral agencies licensing fee fund shall be made only for the purposes of this act 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 office of early childhood or by the director's designee. Notwithstanding any other law to the contrary, no moneys shall be transferred or otherwise revert from this fund to the state general fund by appropriation act or other act of the legislature. Moneys available under this section by the creation of the day care facilities or child care resource and referral agencies licensing fee fund shall not be substituted for or used to reduce or eliminate moneys available to the Kansas office of early childhood to administer this act. Nothing in this act shall be construed to authorize a reduction or elimination of moneys made available by the state to local units of government for the purposes of this act.
(f) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 18; July 1.
(a) The director of the Kansas office of early childhood shall serve notice of the issuance, limitation, modification, suspension or revocation of a license to conduct a day care facility to the secretary for children and families, the secretary of corrections, state department of education, office of the state fire marshal, county, city-county or multi-county department of health and any licensed child placement agency or licensed child care resource and referral agency serving the area where the facility is located. A day care facility or child care resource and referral agency that has had a license limited, modified, suspended, revoked or denied by the director of the Kansas office of early childhood shall notify in writing the parents or guardians of the enrollees of the limitation, modification, suspension, revocation or denial. Neither the secretary for children and families nor any other person shall place or cause to be placed any child under 16 years of age in any day care facility or child care resource and referral agency that is not licensed by the director of the Kansas office of early childhood.
(b) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 19; July 1.
(a) Each day care facility licensee shall keep a record upon forms prescribed and provided by the director of the Kansas office of early childhood. Such record shall include the name and age of each child received and cared for in the facility together with the names and addresses of the parents or guardians of such children and such other information as the director of the Kansas office of early childhood may require. Each day care facility licensee shall apply to and shall receive without charge from the director of the Kansas office of early childhood forms for such records as may be required. Such forms shall contain a copy of this act.
(b) (1) Information obtained under this section shall be confidential and shall not be made public in a manner that would identify an individual.
(2) Such records shall be confidential and shall not be subject to the open records act, K.S.A. 45-215 et seq., and amendments thereto. This subsection shall expire on July 1, 2031, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2031.
(c) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 20; July 1.
(a) Each day care facility subject to this act shall:
(1) Be properly heated, plumbed, lighted and ventilated;
(2) have plumbing, water and sewerage systems that conform to all applicable state and local laws; and
(3) be operated with strict regard to the health, safety and welfare of each child.
(b) (1) Every day care facility shall furnish or cause to be furnished for the use of each child and employee an individual towel, washcloth or disposable towel, comb, individual drinking cup or sanitary bubbling fountain and toothbrushes for all children other than infants, and keep or require such articles to be kept at all times in a clean and sanitary condition.
(2) Toothbrushes in a day care facility may be used after meals or as appropriate.
(3) Every day care facility or child care resource and referral agency shall comply with all applicable fire codes and rules and regulations of the state fire marshal.
(c) The director of the Kansas office of early childhood shall develop and adopt rules and regulations for the operation and maintenance of day care facilities. The rules and regulations for operating and maintaining day care facilities shall be designed to promote the health, safety and welfare of any child served in such facilities by ensuring safe and adequate physical surroundings, healthful food, adequate handwashing, safe storage of toxic substances and hazardous chemicals, sanitary diapering and toileting, home sanitation, supervision and care of the residents by capable, qualified persons of sufficient number, after-hour care, an adequate program of activities and services, sudden infant death syndrome and safe sleep practices training, prohibition on corporal punishment, crib safety, protection from electrical hazards, protection from swimming pools and other water sources, fire drills, emergency plans, safety of outdoor playground surfaces, door locks, safety gates and transportation and such appropriate parental participation as may be feasible under the circumstances.
(d) In addition to any rules and regulations adopted under this section for safe sleep practices, a day care facility shall ensure that all of the following requirements are met for children under 12 months of age:
(1) A child shall only be placed to sleep on a surface and in an area that has been approved for use as such by the director of the Kansas office of early childhood;
(2) the sleep surface shall be free from soft or loose bedding, including, but not limited to, blankets, bumpers and pillows; and
(3) the sleep surface shall be free from toys, including mobiles and other types of play equipment or devices.
(e) A day care facility shall ensure that children over 12 months of age only be placed to sleep on a surface and in an area that has been approved for use as such by the director of the Kansas office of early childhood.
(f) The director of the Kansas office of early childhood may exercise discretion to make exceptions to requirements in subsections (d) and (e) where special health needs exist.
(g) Each child cared for in a day care facility, including children of the person maintaining the facility, shall be required to have current immunizations as the secretary of health and environment considers necessary. The person maintaining a day care facility shall maintain a record of each child's immunizations and provide to the secretary of health and environment and the director of the Kansas office of early childhood such information relating thereto, in accordance with rules and regulations of the secretary of health and environment and director, except that the person maintaining a day care facility shall not have such person's license revoked solely for the failure to have or maintain the immunization records required by this subsection.
(h) The immunization requirement of subsection (g) shall not apply if one of the following is obtained:
(1) Certification from a licensed physician stating that the physical condition of the child is such that immunization would endanger the child's life or health; or
(2) a written statement signed by the child's parent or guardian that such immunization violates sincerely held religious beliefs of the parent or guardian.
(i) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 21; July 1.
(a) It shall be unlawful for any day care facility to receive or care for any adult except as authorized by rules and regulations adopted by the director of the Kansas office of early childhood.
(b) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 22; July 1.
(a) It is hereby made the duty of the director of the Kansas office of early childhood to inspect or cause to be inspected on or after July 1, 2026, and once every 12 months thereafter, every day care facility, unless otherwise provided in subsection (b). For the purpose of inspection, the director or the director's authorized agent, as an employee of the director or who has a contract with the director to provide inspections pursuant to this act and who holds a certificate issued pursuant to subsection (c), shall have the right of entry and access to every department and every place in the premises, to call for and examine the records that are required to be kept according to this act and to make and preserve a record of every inspection. The licensee shall give all reasonable information to the authorized agent of the director of the Kansas office of early childhood and afford every reasonable facility for viewing the premises and seeing the children therein. No such child, without the consent of the child's parent, shall be required to be interviewed by any agent.
(b) The director of the Kansas office of early childhood shall conduct an inspection of any day care facility upon receiving a complaint. Any new day care facility shall be inspected prior to issuance of a license. The director may conduct an inspection of any day care facility that has a record of repeated complaints or serious violations at any time. Every 12 months, the director or authorized agent of the director shall inspect any day care facility that provides services to military families receiving military assistance for child care.
(c) (1) The director shall create a surveyor certification and provide a minimum of yearly continuing education to qualify for such certification.
(2) If a surveyor fails to comply with the certification requirements established by the director pursuant to paragraph (1), the director may require such surveyor to complete an improvement plan.
(3) If such surveyor does not satisfactorily complete the improvement plan, the director may terminate such surveyor's current certification.
(d) Persons conducting inspections and surveys pursuant to this act shall hold a certification issued by the director.
(e) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 23; July 1.
(a) Whenever an authorized agent of the director of the Kansas office of early childhood or the secretary for children and families finds a day care facility that is not being conducted according to law, it shall be the duty of such agent to notify the licensee in writing of changes or alterations as such agent determines is necessary in order to comply with the requirements of the law, and such agent shall file a copy of such notice with the director of the Kansas office of early childhood. It shall thereupon be the duty of the licensee to make such changes or alterations as are contained in the written notice within five days from the receipt of such notice. Notice shall be given in accordance with the Kansas administrative procedure act.
(b) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 24; July 1.
(a) Any person, firm, corporation or association that violates this act shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $5 but not more than $50. Each and every day that the person fails or refuses to comply with such provisions shall be deemed a separate offense under this act. If, for 30 days after any final conviction for such violation or revocation of license, the person still fails or refuses to comply with the orders in the notice under K.S.A. 2025 Supp. 75-7716, and amendments thereto, upon notice and opportunity for a hearing in accordance with the Kansas administrative procedure act, the building or premises where such day care facility is conducted may be closed until such person has complied with this act.
(b) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 25; July 1.
(a) Upon complaint of any authorized agent of the director of the Kansas office of early childhood, the county or district attorney in the appropriate jurisdiction is hereby authorized and required to file a complaint and prosecute to the final determination all actions or proceedings against any person under this act.
(b) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 26; July 1.
(a) No person shall knowingly maintain a day care facility if an employee in this state or in other states or the federal government:
(1) (A) Has been convicted of a crime that is classified as a person felony under the Kansas criminal code;
(B) has been convicted of a felony under K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009;
(C) has been convicted of any act that is described in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418 through 21-6422 or 21-6424, and amendments thereto, or been convicted of an attempt under K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-5301, and amendments thereto, to commit any such act or been convicted of conspiracy under K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-5302, and amendments thereto, to commit such act, or similar statutes of any other state or the federal government;
(D) has been convicted of any act that is described in K.S.A. 21-4301 or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and amendments thereto, or similar statutes of any other state or the federal government; or
(E) has been convicted of any act that is described in K.S.A. 21-3718 or 21-3719, prior to their repeal, or K.S.A. 21-5812, and amendments thereto, or similar statutes of any other state or the federal government;
(2) except as provided in subsection (b), has been adjudicated a juvenile offender because of having committed an act which, if committed by an adult, would constitute the commission of a felony and that is a crime against persons, is any act described in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418 through 21-6422 or 21-6424, and amendments thereto, or similar statutes of any other state or the federal government, or is any act described in K.S.A. 21-4301 or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and amendments thereto, or similar statutes of any other state or the federal government;
(3) has been convicted or adjudicated of a crime that requires registration as a sex offender under the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, as a sex offender in any other state or on the national sex offender registry;
(4) has committed an act of physical, mental or emotional abuse or neglect or sexual abuse and is listed in the child abuse and neglect registry maintained by the Kansas department for children and families pursuant to K.S.A. 38-2226, and amendments thereto, or any similar child abuse and neglect registries maintained by any other state or the federal government and:
(A) Has failed to successfully complete a corrective action plan that has been deemed appropriate and approved by the Kansas department for children and families or requirements of similar entities in any other state or the federal government; or
(B) such person's record has not been expunged;
(5) has had a child removed from the home based on a court order pursuant to K.S.A. 38-2251, and amendments thereto, in this state, or a court order from any other state based upon a similar statute that finds the child to be deprived or a child in need of care based on a finding of physical, mental or emotional abuse or neglect or sexual abuse and the child has not been returned to the home or the child has reached the age of majority before being returned to the home and such person has failed to satisfactorily complete a corrective action plan approved by the department of health and environment;
(6) has had parental rights terminated pursuant to the revised Kansas code for care of children, or a similar statute of other states;
(7) has signed a diversion agreement pursuant to K.S.A. 22-2906 et seq., and amendments thereto, or an immediate intervention agreement pursuant to K.S.A. 38-2346, and amendments thereto, involving a charge of child abuse or a sexual offense; or
(8) has an infectious or contagious disease.
(b) Notwithstanding the provisions in subsection (a), no person shall maintain a day care facility if such person has been found to be a person in need of a guardian or a conservator, or both, as provided in K.S.A. 59-3050 through 59-3095, and amendments thereto.
(c) Any person who resides in a day care facility and who has been found to be in need of a guardian or a conservator, or both, shall be counted in the total number of children allowed in care.
(d) In accordance with this subsection, the director of the Kansas office of early childhood shall have access to any court orders or adjudications of any court of record, any records of such orders or adjudications, criminal history record information, including, but not limited to, diversion agreements in the possession of the Kansas bureau of investigation and any report of investigations as authorized by K.S.A. 38-2226, and amendments thereto, or the Kansas department for children and families or court of this state concerning employees in a day care facility. The director shall have access to these records for the purpose of determining whether or not the home meets the requirements of this section, K.S.A. 59-2132, and amendments thereto, and K.S.A. 2025 Supp. 75-7708 and 75-7713, and amendments thereto.
(e) In accordance with this subsection, the director is authorized to conduct national criminal history record checks to determine criminal history on employees in a day care facility. In order to conduct a national criminal history check, the director shall require fingerprinting for identification and determination of criminal history in accordance with K.S.A. 22-4714, and amendments thereto.
(f) (1) The director of the Kansas office of early childhood shall adopt rules and regulations to fix a fee for fingerprinting employees in a day care facility, as may be required by the Kansas office of early childhood to reimburse the Kansas office of early childhood for the cost of the fingerprinting.
(2) The director shall remit all moneys received from the fees established under this section 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 day care criminal background and fingerprinting fund.
(g) The day care criminal background and fingerprinting fund is hereby created in the state treasury to be administered by the director of the Kansas office of early childhood. All moneys credited to the day care criminal background and fingerprinting fund shall be used to pay local and state law enforcement officers and agencies for the processing of fingerprints and criminal history background checks for the Kansas office of early childhood. All expenditures from the day care criminal background and fingerprinting 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 the director's designee.
(h) The director shall notify the day care applicant or licensee within seven days by certified mail, with return receipt requested, when the result of the national criminal history record check or other appropriate review reveals unfitness specified in subsection (a)(1) through (a)(8) of the person who is the subject of the review.
(i) No day care facility or the employees thereof shall be liable for civil damages to any person who is refused employment or discharged from employment by reason of such facility's compliance with this section, if such facility acts in good faith to comply with this section.
(j) For the purpose of subsection (a)(3), a person listed in the child abuse and neglect central registry shall not be prohibited from being an employee in a day care facility unless such person has:
(1) Had an opportunity to be interviewed and present information during the investigation of the alleged act of abuse or neglect; and
(2) been given notice of the agency decision and an opportunity to appeal such decision to the director and to the courts pursuant to the Kansas judicial review act.
(k) No person shall maintain a day care facility unless such person is a high school graduate or the equivalent thereof, except that, if extraordinary circumstances exist, the director of the Kansas office of early childhood may exercise discretion to make exceptions from this requirement. This subsection shall not apply to any person who was maintaining a day care facility on the day immediately prior to July 1, 2010.
(l) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 27; July 1.
(a) The director may limit, modify or suspend any license or temporary permit issued under K.S.A. 2025 Supp. 75-7707 through 75-7719, and amendments thereto, upon any of the following grounds and in the manner provided in this act:
(1) Violation by the licensee or holder of a temporary permit of any provision of this act, or of the rules and regulations promulgated under this act;
(2) aiding, abetting or permitting the violation of any provision of this act or of the rules and regulations promulgated under this act;
(3) conduct in the operation or maintenance, or both the operation and maintenance, of a day care facility that is inimical to the health, safety or welfare of any child receiving services from such day care facility or to the public;
(4) the conviction of a licensee or holder of a temporary permit, at any time during licensure or during the time that the temporary permit is in effect, of crimes as defined in K.S.A. 2025 Supp. 75-7719, and amendments thereto; and
(5) a third or subsequent violation by the licensee or holder of a temporary permit of K.S.A. 2025 Supp. 75-7726(b), and amendments thereto.
(b) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 28; July 1.
(a) The director may limit, modify or suspend any license or temporary permit issued under K.S.A. 2025 Supp. 75-7707 through 75-7719, and amendments thereto, prior to any hearing when, in the opinion of the director, the action is necessary to protect any child in the day care facility from physical or mental abuse, abandonment or any other substantial threat to health, safety or welfare. Administrative proceedings under this section shall be conducted in accordance with the emergency adjudicative proceedings of the Kansas administrative procedure act and in accordance with other relevant provisions of the Kansas administrative procedure act.
(b) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 29; July 1.
(a) Records in the possession of the director of early childhood or such director's agents regarding day care facilities shall not be released publicly in a manner that would identify individuals, except that individual names of licensees, applicants, facilities and day care facilities may be released. Nothing in this section prohibits the release of any information as required by law.
(b) Records in the possession of the director of early childhood or such director's agents regarding day care facilities may be released to:
(1) An agency or organization authorized to receive notice under section 19, and amendments thereto;
(2) any local, state or federal governmental entity or subdivision thereof;
(3) any child and adult care food program sponsoring agency; or
(4) any disaster or emergency entity.
(c) The director of the Kansas office of early childhood shall prohibit the release of the name, address and telephone number of a day care facility if the director determines that prohibition of the release of the information is necessary to protect the health, safety or welfare of the public or the children enrolled in the day care facility.
(d) Any records under subsection (a), (b) or (c) shall be available to any member of the standing committee on appropriations of the house of representatives or the standing committee on ways and means of the senate carrying out such member's or committee's official functions in accordance with K.S.A. 75-4319, and amendments thereto, in a closed or executive meeting. Except in limited conditions established by ⅔ of the members of such committee, records received by the committee shall not be further disclosed. Unauthorized disclosure may subject such member to discipline or censure from the house of representatives or senate. Such records shall not identify individuals but shall include data and contact information concerning specific facilities.
(e) In any hearings conducted under the licensing or regulation provisions of this act, the presiding officer may close the hearing to the public to prevent public disclosure of matters relating to persons restricted by other laws.
(f) Such records shall be confidential and shall not be subject to the open records act, K.S.A. 45-215 et seq., and amendments thereto. This subsection shall expire on July 1, 2031, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2031.
(g) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 30; July 1.
(a) The director of the Kansas office of early childhood, in addition to any other penalty prescribed under this act, may assess a civil fine, after proper notice and an opportunity to be heard in accordance with the Kansas administrative procedure act, against a licensee for each violation of such provisions or rules and regulations adopted pursuant thereto that affect significantly and adversely the health, safety or sanitation of children in a day care facility. Each civil fine assessed under this section shall not exceed $500. In the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) All fines assessed and collected under 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) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 31; July 1.
(a) As used in this section:
(1) "Child" means an individual who is enrolled or attending kindergarten, is less than 18 years of age, is not a volunteer or employee and is attending a youth development program.
(2) "Premises" means the location, including the building and adjoining grounds, for which the applicant has a temporary permit or license to conduct a youth development program.
(3) "Public recreation center" means any building used by a political or taxing subdivision of this state, or by an agency of such subdivision, for recreation programs that serve children who are less than 18 years of age.
(4) "School" means any building used for instruction of students enrolled in kindergarten or any of the grades one through 12 by a school district or an accredited nonpublic school.
(5) "School-age program" means a child care facility that serves exclusively school-age children and youth but does not include a youth development program.
(6) "Youth development program" means a child care facility where youth activities are conducted that is not located in an individual's residence and that serves children who are enrolled in kindergarten to less than 18 years of age.
(b) No license for a youth development program or school-age program shall be denied, suspended or revoked on the basis that the building does not meet the requirements for licensure if the building:
(1) Is a public recreation center or school and is used by school-age children and youth that are of the same age as children and who are cared for in a youth development program or school-age program;
(2) complies, during all hours of operation of a youth development program or school-age program, with the Kansas fire prevention code or a building code that is by law deemed to comply with the Kansas fire prevention code; and
(3) except as provided in subsection (c), complies during all hours of operation of a youth development program or school-age program with all local building code provisions that apply to recreation centers if the building is a public recreation center or to schools if the building is a school.
(c) If the standards that a building is required to comply with under subsections (b)(2) and (b)(3) are in conflict or are otherwise inconsistent, then the building standards shall be subject to subsection (b)(2).
(d) No license for a youth development program or school-age program that operates in accordance with subsection (b)(1) shall be denied, suspended or revoked based on an environmental deficiency and shall be approved or renewed if:
(1) The environmental deficiency does not pose an imminent risk to children and youth;
(2) the environmental deficiency is outside the applicant's or licensee's immediate authority to correct; and
(3) the applicant or licensee has notified the public recreation center or school of the environmental deficiency.
(e) The director is authorized to adopt rules and regulations applicable to the services provided by youth development programs, regarding health, safety, supervisory qualifications or training and premises safety, including modifications of occupancy capacity limits or group gathering restrictions, consistent with the local or state building or fire codes.
(f) The director shall consult with youth development programs to identify and resolve barriers to such programs qualifying as eligible providers of child care services for which participating families may receive state or federal child care financial assistance.
(g) The director shall develop and implement pilot programs and is authorized to adopt modifications to licenses issued pursuant to this section to provide flexibility to youth development programs to address the needs of families served.
(h) Whenever drop-in program or words of like effect, are referred to or designated by any statute, rule or regulation, contract or any other document, such reference or designation shall apply to a youth development program.
(i) If a licensed youth development program or school age program operates on or within the premises of a public or private school that is required to pass a fire safety inspection each school year pursuant to K.S.A. 31-144(b), and amendments thereto, no additional fire safety inspection of the licensed youth development program or school age program shall be required by the director, the state fire marshal, the fire chief or any local political or taxing subdivision.
(j) This section shall take effect on July 1, 2026.
History: L. 2025, ch. 118, § 32; July 1.
(a) Any license, certificate of registration or temporary permit that was issued prior to the effective date of this act and is in effect on the effective date of this act shall continue in effect until the expiration thereof, unless suspended or revoked prior to such time.
(b) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 33; July 1.
(a) As used in this section:
(1) "Day care home" means a child care home as defined in section 16, and amendments thereto, or a group day care home.
(2) "Smoking" means possession of a lighted cigarette, cigar, pipe or burning tobacco in any other form or device designed for the use of tobacco.
(b) Smoking is hereby prohibited within any room, enclosed area or other enclosed space of a facility or facilities of a day care home during a time when children who are not related by blood, marriage or legal adoption to the person who maintains the home are being cared for as part of the operation of the day care home within the facility or facilities. Nothing in this subsection shall be construed to prohibit smoking on the premises of the day care home or outside the facility or facilities of a day care home, including, but not limited to, porches, yards or garages.
(c) Each day care license shall contain a statement in bold print that smoking is prohibited within a room, enclosed area or other enclosed space of the facility or facilities of the day care home under the conditions specified in subsection (b). The statement shall be phrased in substantially the same language as subsection (b). The license shall be posted in a conspicuous place in the facility or facilities.
(d) Each day care home shall be equipped with a fire extinguisher that shall be maintained in an operable condition in a readily accessible location.
(e) The director of the Kansas office of early childhood may levy a civil fine against any day care home for a first or second violation of this section. A third or subsequent violation shall be subject to this act.
(f) In addition to any civil fine that may be levied pursuant to subsection (e), any day care home that violates any provision of this section may also be subject to criminal punishment pursuant to K.S.A. 21-6112, and amendments thereto.
(g) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 34; July 1.
(a) Except as otherwise provided, information and records pertaining to the immunization status of persons against childhood diseases as required by K.S.A. 2025 Supp. 75-7713, and amendments thereto, may be disclosed and exchanged without a parent or guardian's written release authorizing such disclosure to the following individuals and groups who need to know such information in order to assure compliance with state statutes or to achieve age-appropriate immunization status for children:
(1) Employees of public agencies or departments;
(2) health records staff of day care facilities, including, but not limited to, facilities licensed by the director of the Kansas office of early childhood;
(3) persons other than public employees who are entrusted with the regular care of those under the care and custody of a state agency, including, but not limited to, operators of day care facilities, group homes, residential care facilities and adoptive or foster homes; and
(4) healthcare professionals.
(b) Information and records that pertain to the immunization status of persons against childhood diseases as required by K.S.A. 2025 Supp. 75-7713, and amendments thereto, whose parent or guardian has submitted a written statement of sincerely held religious beliefs regarding immunization as provided in K.S.A. 2025 Supp. 75-7713, and amendments thereto, shall not be disclosed or exchanged without a parent's or guardian's written release authorizing such disclosure.
(c) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 35; July 1.
(a) The director of the Kansas office of early childhood shall establish or cause to be established an online information dissemination system that is accessible to the public, including names of licensees, applicants and history of citations and substantiated findings. The director shall adopt rules and regulations that are consistent with the requirements for the receipt of child care ARRA funds and provide for the establishment of an online information dissemination system in accordance with this subsection.
(b) This section shall take effect on and after July 1, 2026.
History: L. 2025, ch. 118, § 36; July 1.
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