Session Law

Identifying Information:L. 2001 ch. 211
Other Identifying Information:2001 House Bill 2600
Tax Type:Kansas Retailers' Sales Tax; Vehicles
Brief Description:(Amends Chapters 14, 16, 17, 41, 42, 81, 103, 128, 131, 141, 147, 184 and 200)An Act reconciling amendments to certain statutes; amending K.S.A. 38-1502, 38-1503, 38-1583, 45-221, K.S.A. 2000 Supp. 12-192, 60-304, 61-4001, 65-5812, K.S.A. 2000 Supp. 8-128, as amended by section 1 of 2001 Senate Bill No. 73, K.S.A. 2000 Supp. 19-101a, as amended by section 14 of 2001 Substitute for House Bill No. 2005, K.S.A. 25-205, as amended by section 1 of 2001 Senate Bill No. 125, K.S.A. 25-1122, as amended by section 9 of 2001 Senate Bill No. 125, K.S.A. 25-2309, as amended by section 1 of 2001 Senate Bill No. 63, K.S.A. 25-2320, as amended by section 2 of 2001 Senate Bill No. 63, K.S.A. 25-3602, as amended by section 2 of 2001 Senate Bill No. 107, and K.S.A. 32-988, as amended by section 2 of 2001 Senate Bill No. 148, and K.S.A. 2000 Supp. 74-7336, as amended by section 18 of 2001 Senate Bill No. 67, and by repealing the existing sections; also repealing K.S.A. 38-1502d, 38-1503a, 38-1583a, 45- 221e, 45-221f, K.S.A. 2000 Supp. 12-192c, 20-367b, 60-304a, 61-1803, 61-1807, 61- 2501, 65-5812a, K.S.A. 2000 Supp. 8-128, as amended by section 1 of 2001 House Bill No. 2144, K.S.A. 2000 Supp. 19-101a, as amended by section 4 of 2001 House Bill No. 2068, K.S.A. 25-205, as amended by section 1 of 2001 Senate Bill No. 127, K.S.A. 25- 1122, as amended by section 4 of 2001 Senate Bill No. 127, K.S.A. 25-2309, as amended by section 5 of 2001 Senate Bill No. 127, K.S.A. 25-2320, as amended by section 12 of 2001 Senate Bill No. 127, K.S.A. 25-3602, as amended by section 7 of 2001 Senate Bill No. 127, K.S.A. 32-988, as amended by section 1 of 2001 Senate Bill No. 147, K.S.A. 32-1001, as amended by section 1 of 2001 Senate Bill No. 86, and K.S.A. 2000 Supp. 74-7336, as amended by section 4 of 2001 House Bill No. 2596.
Keywords:


Body:

CHAPTER 211

HOUSE BILL No. 2600

(Amends Chapters 14, 16, 17, 41, 42, 81, 103, 128, 131, 141, 147, 184 and 200)


An Act reconciling amendments to certain statutes; amending K.S.A. 38-1502, 38-1503,

38-1583, 45-221, K.S.A. 2000 Supp. 12-192, 60-304, 61-4001, 65-5812, K.S.A. 2000

Supp. 8-128, as amended by section 1 of 2001 Senate Bill No. 73, K.S.A. 2000 Supp.

19-101a, as amended by section 14 of 2001 Substitute for House Bill No. 2005, K.S.A.

25-205, as amended by section 1 of 2001 Senate Bill No. 125, K.S.A. 25-1122, as

amended by section 9 of 2001 Senate Bill No. 125, K.S.A. 25-2309, as amended by

section 1 of 2001 Senate Bill No. 63, K.S.A. 25-2320, as amended by section 2 of 2001

Senate Bill No. 63, K.S.A. 25-3602, as amended by section 2 of 2001 Senate Bill No.

107, and K.S.A. 32-988, as amended by section 2 of 2001 Senate Bill No. 148, and K.S.A.

2000 Supp. 74-7336, as amended by section 18 of 2001 Senate Bill No. 67, and by

repealing the existing sections; also repealing K.S.A. 38-1502d, 38-1503a, 38-1583a, 45-

221e, 45-221f, K.S.A. 2000 Supp. 12-192c, 20-367b, 60-304a, 61-1803, 61-1807, 61-

2501, 65-5812a, K.S.A. 2000 Supp. 8-128, as amended by section 1 of 2001 House Bill

No. 2144, K.S.A. 2000 Supp. 19-101a, as amended by section 4 of 2001 House Bill No.

2068, K.S.A. 25-205, as amended by section 1 of 2001 Senate Bill No. 127, K.S.A. 25-

1122, as amended by section 4 of 2001 Senate Bill No. 127, K.S.A. 25-2309, as amended

by section 5 of 2001 Senate Bill No. 127, K.S.A. 25-2320, as amended by section 12 of

2001 Senate Bill No. 127, K.S.A. 25-3602, as amended by section 7 of 2001 Senate Bill

No. 127, K.S.A. 32-988, as amended by section 1 of 2001 Senate Bill No. 147, K.S.A.

32-1001, as amended by section 1 of 2001 Senate Bill No. 86, and K.S.A. 2000 Supp.

74-7336, as amended by section 4 of 2001 House Bill No. 2596.




Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2000 Supp. 8-128, as amended by section 1 of 2001

Senate Bill No. 73, is hereby amended to read as follows: 8-128. (a) The

following need not be registered under this act, any:

(1) Implement of husbandry;

(2) all-terrain vehicle;

(3) road roller or road machinery temporarily operated or moved

upon the highways;

(4) municipally owned fire truck;

(5) privately owned fire truck subject to a mutual aid agreement with

a municipality;

(6) school bus owned and operated by a school district or a nonpublic

school which have has the name of the municipality, school district or

nonpublic school plainly painted thereon;

(7) farm trailer used in carrying not more than 6,000 pounds owned

by a person engaged in farming, which trailer is used exclusively by the

owner to transport agricultural products produced by such owner or com-

modities purchased by the owner for use on the farm owned or rented

by the owner of such trailer and the weight of any such farm trailer, plus

the cargo weight of 6,000 pounds or less, shall not be considered in de-

termining the gross weight for which the truck or truck tractor propelling

the same shall be registered; or

(8) farm trailer used and designed for transporting hay or forage from

a field to a storage area or from a storage area to a feedlot, which is only

incidentally moved or operated upon the highways, except that this par-

agraph shall not apply to a farm semitrailer.

(b) Self-propelled cranes where the crane operator on a job site op-

erates the controls of such crane from a permanent housing or module on

the crane and the crane is not constructed for the transportation of prop-

erty, except the property that is required for the crane itself and earth

moving equipment which are equipped with pneumatic tires may be

moved on the highways of this state from one job location to another, or

to or from places of storage, delivery or repair, without complying with

the provisions of the law relating to registration and display of license

plates but shall comply with all the other requirements of the law relating

to motor vehicles and shall not be operated on state maintained roads or

highways on Sundays or any legal holidays except Lincoln's birthday,

Washington's birthday or Columbus day.

(c) Oil well servicing, oil well clean-out or oil well drilling machinery

or equipment need not be registered under this act but shall comply with

all the other requirements of the law relating to motor vehicles.

(d) A truck permanently mounted with a hydraulic concrete pump

and placing boom may be moved on the highways of this state from one

job location to another, or to or from places of storage delivery or repair,

without being registered under this act, but shall comply with all the other

requirements of the law relating to motor vehicles. The provisions of this

subsection shall not apply to ready-mix concrete trucks.

Sec. 2. K.S.A. 2000 Supp. 12-192 is hereby amended to read as fol-

lows: 12-192. (a) Except as otherwise provided by subsection (b), (d) or

(h), all revenue received by the director of taxation from a countywide

retailers' sales tax shall be apportioned among the county and each city

located in such county in the following manner: (1) One-half of all reve-

nue received by the director of taxation shall be apportioned among the

county and each city located in such county in the proportion that the

total tangible property tax levies made in such county in the preceding

year for all funds of each such governmental unit bear to the total of all

such levies made in the preceding year, and (2) 1/2 of all revenue received

by the director of taxation from such countywide retailers' sales tax shall

be apportioned among the county and each city located in such county,

first to the county that portion of the revenue equal to the proportion

that the population of the county residing in the unincorporated area of

the county bears to the total population of the county, and second to the

cities in the proportion that the population of each city bears to the total

population of the county, except that no persons residing within the Fort

Riley military reservation shall be included in the determination of the

population of any city located within Riley county. All revenue appor-

tioned to a county shall be paid to its county treasurer and shall be cred-

ited to the general fund of the county.

(b) (1) As an alternative and in lieu of the apportionment formula

provided in subsection (a), all revenue received by the director of taxation

from a countywide retailers' sales tax imposed within Johnson county at

the rate of .75% or 1% after the effective date of this act may be appor-

tioned among the county and each city located in such county in the

following manner: (A) The revenue received from the first .5% rate of

tax shall be apportioned in the manner prescribed by subsection (a) and

(B) the revenue received from the rate of tax exceeding .5% shall be

apportioned as follows: (i) One-fourth shall be apportioned among the

county and each city located in such county in the proportion that the

total tangible property tax levies made in such county in the preceding

year for all funds of each such governmental unit bear to the total of all

such levies made in the preceding year and (ii) one-fourth shall be ap-

portioned among the county and each city located in such county, first to

the county that portion of the revenue equal to the proportion that the

population of the county residing in the unincorporated area of the county

bears to the total population of the county, and second to the cities in the

proportion that the population of each city bears to the total population

of the county and (iii) one-half shall be retained by the county for its sole

use and benefit.

(2) In lieu of the apportionment formula provided in subsection (a),

all money received by the director of taxation from a countywide sales tax

imposed within Montgomery county pursuant to the election held on

November 8, 1994, shall be remitted to and shall be retained by the

county and expended only for the purpose for which the revenue received

from the tax was pledged. All revenue apportioned and paid from the

imposition of such tax to the treasurer of any city prior to the effective

date of this act shall be remitted to the county treasurer and expended

only for the purpose for which the revenue received from the tax was

pledged.

(c) (1) Except as otherwise provided by paragraph (2) of this subsec-

tion, for purposes of subsections (a) and (b), the term ``total tangible

property tax levies'' means the aggregate dollar amount of tax revenue

derived from ad valorem tax levies applicable to all tangible property

located within each such city or county. The ad valorem property tax levy

of any county or city district entity or subdivision shall be included within

this term if the levy of any such district entity or subdivision is applicable

to all tangible property located within each such city or county.

(2) For the purposes of subsections (a) and (b), any ad valorem prop-

erty tax levied on property located in a city in Johnson county for the

purpose of providing fire protection service in such city shall be included

within the term ``total tangible property tax levies'' for such city regardless

of its applicability to all tangible property located within each such city.

If the tax is levied by a district which extends across city boundaries, for

purposes of this computation, the amount of such levy shall be appor-

tioned among each city in which such district extends in the proportion

that such tax levied within each city bears to the total tax levied by the

district.

(d) (1) All revenue received from a countywide retailers' sales tax

imposed pursuant to paragraphs (2), (6), (7), (8) or (9) of subsection (b)

of K.S.A. 12-187, and amendments thereto, shall be remitted to and shall

be retained by the county and expended only for the purpose for which

the revenue received from the tax was pledged.

(2) Except as otherwise provided in paragraph (5) of subsection (b)

of K.S.A. 12-187, and amendments thereto, all revenues received from a

countywide retailers' sales tax imposed pursuant to paragraph (5) of sub-

section (b) of K.S.A. 12-187, and amendments thereto, shall be remitted

to and shall be retained by the county and expended only for the purpose

for which the revenue received from the tax was pledged.

(e) All revenue apportioned to the several cities of the county shall

be paid to the respective treasurers thereof and deposited in the general

fund of the city. Whenever the territory of any city is located in two or

more counties and any one or more of such counties do not levy a coun-

tywide retailers' sales tax, or whenever such counties do not levy coun-

tywide retailers' sales taxes at a uniform rate, the revenue received by

such city from the proceeds of the countywide retailers' sales tax, as an

alternative to depositing the same in the general fund, may be used for

the purpose of reducing the tax levies of such city upon the taxable tan-

gible property located within the county levying such countywide retail-

ers' sales tax.

(f) Prior to March 1 of each year, the secretary of revenue shall advise

each county treasurer of the revenue collected in such county from the

state retailers' sales tax for the preceding calendar year.

(g) Prior to December 31 of each year, the clerk of every county

imposing a countywide retailers' sales tax shall provide such information

deemed necessary by the secretary of revenue to apportion and remit

revenue to the counties and cities pursuant to this section.

(h) The provisions of subsections (a) and (b) for the apportionment

of countywide retailers' sales tax shall not apply to any revenues received

pursuant to a county or countywide retailers' sales tax levied or collected

under K.S.A. 2000 Supp. 74-8929, and amendments thereto. All such rev-

enue collected under K.S.A. 2000 Supp. 74-8929, and amendments

thereto, shall be deposited into the redevelopment bond fund established

by K.S.A. 2000 Supp. 74-8927, and amendments thereto, for the period

of time set forth in K.S.A. 2000 Supp. 74-8927, and amendments thereto.

Sec. 3. K.S.A. 2000 Supp. 19-101a, as amended by section 14 of 2001

Substitute for House Bill No. 2005, is hereby amended to read as follows:

19-101a. (a) The board of county commissioners may transact all county

business and perform all powers of local legislation and administration it

deems appropriate, subject only to the following limitations, restrictions

or prohibitions:

(1) Counties shall be subject to all acts of the legislature which apply

uniformly to all counties.

(2) Counties may not consolidate or alter county boundaries.

(3) Counties may not affect the courts located therein.

(4) Counties shall be subject to acts of the legislature prescribing

limits of indebtedness.

(5) In the exercise of powers of local legislation and administration

authorized under provisions of this section, the home rule power con-

ferred on cities to determine their local affairs and government shall not

be superseded or impaired without the consent of the governing body of

each city within a county which may be affected.

(6) Counties may not legislate on social welfare administered under

state law enacted pursuant to or in conformity with public law No. 271--

74th congress, or amendments thereof.

(7) Counties shall be subject to all acts of the legislature concerning

elections, election commissioners and officers and their duties as such

officers and the election of county officers.

(8) Counties shall be subject to the limitations and prohibitions im-

posed under K.S.A. 12-187 to 12-195, inclusive, and amendments thereto,

prescribing limitations upon the levy of retailers' sales taxes by counties.

(9) Counties may not exempt from or effect changes in statutes made

nonuniform in application solely by reason of authorizing exceptions for

counties having adopted a charter for county government.

(10) No county may levy ad valorem taxes under the authority of this

section upon real property located within any redevelopment project area

established under the authority of K.S.A. 12-1772, and amendments

thereto, unless the resolution authorizing the same specifically authorized

a portion of the proceeds of such levy to be used to pay the principal of

and interest upon bonds issued by a city under the authority of K.S.A.

12-1774, and amendments thereto.

(11) Counties shall have no power under this section to exempt from

any statute authorizing or requiring the levy of taxes and providing sub-

stitute and additional provisions on the same subject, unless the resolution

authorizing the same specifically provides for a portion of the proceeds

of such levy to be used to pay a portion of the principal and interest on

bonds issued by cities under the authority of K.S.A. 12-1774, and amend-

ments thereto.

(12) Counties may not exempt from or effect changes in the provi-

sions of K.S.A. 19-4601 through 19-4625, and amendments thereto.

(13) Except as otherwise specifically authorized by K.S.A. 12-1,101

through 12-1,109, and amendments thereto, counties may not levy and

collect taxes on incomes from whatever source derived.

(14) Counties may not exempt from or effect changes in K.S.A. 19-

430, and amendments thereto.

(15) Counties may not exempt from or effect changes in K.S.A. 19-

302, 19-502b, 19-503, 19-805 or 19-1202, and amendments thereto.

(16) (A) Counties may not exempt from or effect changes in K.S.A.

13-13a26, and amendments thereto.

(B) This provision shall expire on June 30, 2003.

(17) (A) Counties may not exempt from or effect changes in K.S.A.

2000 Supp. 71-301a, and amendments thereto.

(B) This provision shall expire on June 30, 2003.

(18) Counties may not exempt from or effect changes in K.S.A. 19-

15,139, 19-15,140 and 19-15,141, and amendments thereto.

(19) Counties may not exempt from or effect changes in the provi-

sions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and 12-

1226, and amendments thereto, or the provisions of K.S.A. 2000 Supp.

12-1260 through 12-1270 and 12-1276, and amendments thereto.

(20) Counties may not exempt from or effect changes in the provi-

sions of K.S.A. 19-211, and amendments thereto.

(21) Counties may not exempt from or effect changes in the provi-

sions of K.S.A. 19-4001 through 19-4015, and amendments thereto.

(22) Counties may not regulate the production or drilling of any oil

or gas well in any manner which would result in the duplication of reg-

ulation by the state corporation commission and the Kansas department

of health and environment pursuant to chapter 55 and chapter 65 of the

Kansas Statutes Annotated and any rules and regulations adopted pur-

suant thereto. Counties may not require any license or permit for the

drilling or production of oil and gas wells. Counties may not impose any

fee or charge for the drilling or production of any oil or gas well.

(23) Counties may not exempt from or effect changes in K.S.A. 79-

41a04, and amendments thereto.

(24) Counties may not exempt from or effect changes in K.S.A. 79-

1611, and amendments thereto.

(25) Counties may not exempt from or effect changes in K.S.A. 79-

1494, and amendments thereto.

(26) Counties may not exempt from or effect changes in subsection

(b) of K.S.A. 19-202, and amendments thereto.

(27) Counties may not exempt from or effect changes in subsection

(b) of K.S.A. 19-204, and amendments thereto.

(28) Counties may not levy or impose an excise, severance or any

other tax in the nature of an excise tax upon the physical severance and

production of any mineral or other material from the earth or water.

(29) Counties may not exempt from or effect changes in K.S.A. 79-

2017 or 79-2101, and amendments thereto.

(30) Counties may not exempt from or effect changes in K.S.A. 2-

3302, 2-3305, 2-3307, 17-5904, 17-5908, 47-1219 or 65-171d or K.S.A.

2000 Supp. 2-3318, 17-5909 or 65-1,178 through 65-1,199, and amend-

ments thereto.

(31) Counties may not exempt from or effect changes in K.S.A. 2000

Supp. 80-121, and amendments thereto.

(32) Counties may not exempt from or effect changes in section 3 of

2001 House Bill No. 2068, and amendments thereto.

(b) Counties shall apply the powers of local legislation granted in

subsection (a) by resolution of the board of county commissioners. If no

statutory authority exists for such local legislation other than that set forth

in subsection (a) and the local legislation proposed under the authority

of such subsection is not contrary to any act of the legislature, such local

legislation shall become effective upon passage of a resolution of the

board and publication in the official county newspaper. If the legislation

proposed by the board under authority of subsection (a) is contrary to an

act of the legislature which is applicable to the particular county but not

uniformly applicable to all counties, such legislation shall become effec-

tive by passage of a charter resolution in the manner provided in K.S.A.

19-101b, and amendments thereto.

(c) Any resolution adopted by a county which conflicts with the re-

strictions in subsection (a) is null and void.

Sec. 4. K.S.A. 25-205 as amended by section 1 of 2001 Senate Bill

No. 125 is hereby amended to read as follows: 25-205. (a) Except as

otherwise provided in this section, the names of candidates for national,

state, county and township offices shall be printed upon the official pri-

mary ballot when each shall have qualified to become a candidate by one

of the following methods and none other: (1) They shall have had filed

in their behalf, not later than 12:00 noon, June 10, prior to such primary

election, or if such date falls on Saturday, Sunday or a holiday, then before

12:00 noon of the next following day that is not a Saturday, Sunday or a

holiday, nomination petitions, as provided for in this act, except that in

1998, candidates for judge or district magistrate judge of the district court

for positions created in 1998 in those judicial districts that have not ap-

proved the proposition of nonpartisan selection of judges of the district

court shall have filed in their behalf, not later than 12:00 noon, July 1,

1998, nomination petitions, as provided for in this act; or (2) they shall

have filed not later than the time for filing nomination petitions, as above

provided, with the proper officer a declaration of intention to become a

candidate, accompanied by the fee required by law. Such declaration shall

be prescribed by the secretary of state.

(b) Nomination petitions shall be in substantially the following form:

I, the undersigned, an elector of the county of ____________, and state of Kansas,

and a duly registered voter, and a member of ____________ party, hereby nominate

____________, who resides in the township of ____________ (or at number

__ on ________ street, city of

), in the county of

____________ and state of Kansas, as a candidate for the office of (here specify the

office) ____________, to be voted for at the primary election to be held on the first

Tuesday in August in ________, as representing the principles of such party; and I

further declare that I intend to support the candidate herein named and that I have not

signed and will not sign any nomination petition for any other person, for such office at

such primary election.


(HEADING)
Nam e of

Signers.

Street Number

or Rural Route

(as registered).

Name of

City.
Date of

Signing.

All nomination petitions shall have substantially the foregoing form,

written or printed at the top thereof. No signature shall be counted unless

it is upon a sheet having such written or printed form at the top thereof.

(c) Each signer of a nomination petition shall sign but one such pe-

tition for the same office, and shall declare that such person intends to

support the candidate therein named, and shall add to such person's sig-

nature and residence, if in a city, by street and number (if any); or, oth-

erwise by post-office address. No signature shall be counted unless the

place of residence of the signer is clearly indicated and the date of signing

given as herein required and if ditto marks are used to indicate address

they shall be continuous and clearly made. Such sheets shall not be cut

or pasted together.

(d) All signers of each separate nomination petition shall reside in the

same county and election district of the office sought. The affidavit de-

scribed in this paragraph of a qualified elector who resides in such county

and election district petition circulator who is a resident of the state of

Kansas and has the qualifications of an elector in the state of Kansas or

of the candidate shall be appended to each petition and shall contain, at

the end of each set of documents carried by each circulator, a verification,

signed by the circulator or the candidate, to the effect that such circulator

or the candidate personally witnessed the signing of the petition by each

person whose name appears thereon. The person making such affidavit

shall be duly registered to vote.

(e) Except as otherwise provided in subsection (g), nomination peti-

tions shall be signed:

(1) If for a state officer elected on a statewide basis or for the office

of United States senator, by voters equal in number to not less than 1%

of the total of the current voter registration of the party designated in the

state as compiled by the office of the secretary of state;

(2) If for a state or national officer elected on less than a statewide

basis, by voters equal in number to not less than 2% of the total of the

current voter registration of the party designated in such district as com-

piled by the office of the secretary of state, except that for the office of

district magistrate judge, by not less than 2% of the total of the current

voter registration of the party designated in the county in which such

office is to be filled as certified to the secretary of state in accordance

with K.S.A. 25-3302, and amendments thereto;

(3) If for a county office, by voters equal in number to not less than

3% of the total of the current voter registration of the party designated

in such district or county as compiled by the county election officer and

certified to the secretary of state in accordance with K.S.A. 25-3302, and

amendments thereto; and

(4) If for a township office, by voters equal in number to not less than

3% of the total of the current voter registration of the party designated

in such township as compiled by the county election officer and certified

to the secretary of state in accordance with K.S.A. 25-3302, and amend-

ments thereto.

(f) Subject to the requirements of K.S.A. 25-202, and amendments

thereto, any political organization filing nomination petitions for a major-

ity of the state or county offices, as provided in this act, shall have a

separate primary election ballot as a political party and, upon receipt of

such nomination petitions, the respective officers shall prepare a separate

state and county ballot for such new party in their respective counties or

districts thereof in the same manner as is provided for existing parties.

(g) In any year in which districts are reapportioned for the offices of

representative in the United States congress, senator and representative

in the legislature of the state of Kansas or member of the state board of

education:

(1) If new boundary lines are defined and districts established in the

manner prescribed by law on or before May 10, nomination petitions for

nomination to such offices shall be signed by voters equal in number to

not less than 1% of the total of the current voter registration of the party

designated in the district as compiled by the office of the secretary of

state.

(2) If new boundary lines are defined and districts established in the

manner prescribed by law on or after May 11, nomination petitions for

nomination to the following offices shall be signed by registered voters

of the party designated in the district equal in number to not less than

the following:

(A)For the office of representative in the United States congress 1,000 registered voters;
(B)for the office of member of the state board of education 300 registered voters;
(C)for the office of state senator 75 registered voters; and
(D)for the office of state representative 25 registered voters.

(h) In any year in which districts are reapportioned for the offices of

representative in the United States congress, senator and representative

in the legislature of the state of Kansas or member of the state board of

education:

(1) If new boundary lines are defined and districts established in the

manner prescribed by law on or before June 10, the deadline for filing

nomination petitions and declarations of intention to become a candidate

for such office, accompanied by the fee required by law, shall be 12:00

noon on June 24, or if such date falls on a Saturday, Sunday or a holiday,

then before 12:00 noon of the next following day that is not a Saturday,

Sunday or holiday.

(2) If new boundary lines are defined and districts established in the

manner prescribed by law on or after June 11, the deadline for filing

nomination petitions and declarations of intention to become a candidate

for such office, accompanied by the fee required by law, shall be 12:00

noon on July 12, or if such date falls on a Saturday, Sunday or holiday,

then before 12:00 noon of the next day that is not a Saturday, Sunday or

holiday.

Sec. 5. K.S.A. 25-1122, as amended by section 9 of 2001 Senate Bill

No. 125, is hereby amended to read as follows: 25-1122. (a) Any registered

voter may file with the county election officer where such person is a

resident, or where such person is authorized by law to vote as a former

precinct resident, an application for an advance voting ballot. The signed

application shall be transmitted only to the county election officer by

personal delivery, mail, facsimile or as otherwise provided by law.

(b) Applications for advance voting ballots to be transmitted to the

voter by mail shall be filed only at the following times:

(1) For the primary election occurring on the first Tuesday in August

in even-numbered years, between April 1 of such year and the last busi-

ness day of the week preceding such primary election.

(2) For the general election occurring on the Tuesday succeeding the

first Monday in November in even-numbered years, between 90 days

prior to such election and the last business day of the week preceding

such general election.

(3) For the primary election held five weeks preceding the first Tues-

day in April, between January 1 of the year of such election and the last

business day of the week preceding such primary election.

(4) For the general election occurring on the first Tuesday in April,

between January 1 of the year of such election and the last business day

of the week preceding such general election.

(5) For question submitted elections occurring on the date of a pri-

mary or general election, the same as is provided for ballots for election

of officers at such election.

(6) For question submitted elections not occurring on the date of a

primary or general election, between the time of the first published notice

thereof and the last business day of the week preceding such question

submitted election, except that if the question submitted election is held

on a day other than a Tuesday, the county election officer shall determine

the final date for mailing of advance voting ballots, but such date shall

not be more than three business days before such election.

(7) For any special election of officers, at such time as is specified by

the secretary of state.

(8) For the presidential preference primary, between January 1 of

the year in which such primary is held and the last business day of the

week preceding such primary election.

The county election officer of any county may receive applications prior

to the time specified in this subsection (b) and hold such applications

until the beginning of the prescribed application period. Such applications

shall be treated as filed on that date.

(c) Unless an earlier date is designated by the county election office,

applications for advance voting ballots transmitted to the voter in person

in the office of the county election officer shall be filed on the Tuesday

next preceding the election and on each subsequent business day until

no later than 12:00 noon on the day preceding such election. If the county

election officer so provides, applications for advance voting ballots trans-

mitted to the voter in person in the office of the county election officer

also may be filed on the Saturday preceding the election. Upon receipt

of any such properly executed application, the county election officer shall

deliver to the voter such ballots and instructions as are provided for in

this act.

An application for an advance voting ballot filed by a sick, physically

disabled or illiterate voter or by a person rendering assistance to such

voter may be filed during the regular advance ballot application periods

until the close of the polls on election day.

In any county having a population exceeding 250,000, the county elec-

tion officer may designate places other than the central county election

office as satellite advance voting sites. At any satellite advance voting site,

a registered voter may obtain an application for advance voting ballots,

such ballots and instructions shall be delivered to the voter in the same

manner and subject to the same limitations as otherwise provided by this

subsection.

(d) Any person having a permanent physical disability or an illness

which has been diagnosed as a permanent illness is hereby authorized to

make an application for permanent advance voting status. Applications

for permanent advance voting status shall be in the form and contain such

information as is required for application for advance voting ballots and

also shall contain information which establishes the voter's right to per-

manent advance voting status.

(e) On receipt of any application filed under the provisions of this

section, the county election officer shall prepare and maintain in such

officer's office a list of the names of all persons who have filed such

applications, together with their correct post office address and the pre-

cinct, ward, township or voting area in which such persons claim to be

registered voters or to be authorized by law to vote as former precinct

residents and the present resident address of each applicant. Such names

and addresses shall remain so listed until the day of such election. The

county election officer shall maintain a separate listing of the names and

addresses of persons qualifying for permanent advance voting status. All

such lists shall be available for inspection upon request in compliance

with this subsection by any registered voter during regular business hours.

The county election officer upon receipt of such applications shall enter

upon a record kept by such officer the name and address of each appli-

cant, which record shall conform to the list above required. Before in-

spection of any advance voting ballot application list, the person desiring

to make such inspection shall provide to the county election officer iden-

tification in the form of driver's license or other reliable identification and

shall sign a log book or application form maintained by such officer stating

such person's name and address and showing the date and time of in-

spection. All records made by the county election officer shall be subject

to public inspection, except that the identifying number on ballots and

ballot envelopes and records of such number shall not be made public.

(f) If a person on the permanent advance voting list fails to vote in

two consecutive general elections held on the Tuesday succeeding the first

Monday in November of each even-numbered year, the county election

officer may mail a notice to such voter. Such notice shall inform the voter

that the voter's name will be removed from the permanent advance voting

list unless the voter renews the application for permanent advance voting

status within 30 days after the notice is mailed. If the voter fails to renew

such application, the county election officer shall remove the voter's name

from the permanent advance voting list. Failure to renew the application

for permanent advance voting status shall not result in removal of the

voter's name from the voter registration list.

Sec. 6. K.S.A. 25-2309, as amended by section 1 of 2001 Senate Bill

No. 63 is hereby amended to read as follows: 25-2309. (a) Any person

may apply in person, by mail, through a voter registration agency, or by

other delivery to a county election officer to be registered. Such appli-

cation shall be made on: (1) A form approved by the secretary of state,

which shall be provided by a county election officer or chief state election

official upon request in person, by telephone or in writing; or (2) the mail

voter registration application prescribed by the federal election commis-

sion. Such application shall be signed by the applicant under penalty of

perjury and shall contain the original signature of the applicant or the

computerized, electronic or digitized transmitted signature of the appli-

cant.

(b) Applications made under this section shall give voter eligibility

requirements and such information as is necessary to identify the appli-

cant and to determine the qualifications of the applicant as an elector and

the facts authorizing such person to be registered, including, but not

limited to, the following data:

(1) Name;

(2) place of residence, including specific address or location, and

mailing address if the residence address is not a permissible postal ad-

dress;

(3) date of birth;

(4) sex;

(5) the last four digits of the person's social security number;

(6) telephone number, if available;

(7) naturalization data (if applicable);

(8) if applicant has previously registered or voted elsewhere, resi-

dence at time of last registration or voting;

(9) when present residence established;

(10) name under which applicant last registered or voted, if different

from present name;

(11) an attestation that the applicant meets each eligibility require-

ment;

(12) a statement that the penalty for submission of a false voter reg-

istration application is a maximum presumptive sentence of 17 months in

prison;

(13) a statement that, if an applicant declines to register to vote, the

fact that the applicant has declined to register will remain confidential

and will be used only for voter registration purposes;

(14) a statement that if an applicant does register to vote, the office

to which a voter registration application is submitted will remain confi-

dential and will be used only for voter registration purposes; and

(15) political party affiliation declaration, if any. An applicant's failure

to make a declaration will result in the applicant being registered as an

unaffiliated voter.

If the application discloses any previous registration in any other county

or state, as indicated by paragraph (8) or (10), or otherwise, the county

election officer shall upon the registration of the applicant, give notice to

the election official of the place of former registration, notifying such

official of applicant's present residence and registration, and authorizing

cancellation of such former registration.

(c) Any person who applies for registration through a voter registra-

tion agency shall be provided with, in addition to the application under

subsection (b), a form which includes:

(1) The question ``If you are not registered to vote where you live

now, would you like to apply to register to vote here today?'';

(2) a statement that if the applicant declines to register to vote, this

decision will remain confidential and be used only for voter registration

purposes;

(3) a statement that if the applicant does register to vote, information

regarding the office to which the application was submitted will remain

confidential and be used only for voter registration purposes; and

(4) if the agency provides public assistance, (i) the statement ``Apply-

ing to register or declining to register to vote will not affect the amount

of assistance that you will be provided by this agency.'';

(ii) boxes for the applicant to check to indicate whether the applicant

would like to register or declines to register to vote, together with the

statement ``IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE

CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO

VOTE AT THIS TIME.'';

(iii) the statement ``If you would like help in filling out the voter

registration application form, we will help you. The decision whether to

seek or accept help is yours. You may fill out the application form in

private.''; and

(iv) the statement ``If you believe that someone has interfered with

your right to register or to decline to register to vote, your right to privacy

in deciding whether to register or in applying to register to vote, or your

right to choose your own political party or other political preference, you

may file a complaint with the Kansas Secretary of State.''

(d) If any person, in writing, declines to register to vote, the voter

registration agency shall maintain the form prescribed by subsection (c).

(e) A voter registration agency shall transmit the completed registra-

tion application to the county election officer not later than five days after

the date of acceptance. Upon receipt of an application for registration,

the county election officer shall send, by nonforwardable mail, a notice

of disposition of the application to the applicant at the postal delivery

address shown on the application. If a notice of disposition is returned as

undeliverable, a confirmation mailing prescribed by K.S.A. 25-2316c, and

amendments thereto, shall occur.

(f) If an application is received while registration is closed, such ap-

plication shall be considered to have been received on the next following

day during which registration is open.

(g) A person who completes an application for voter registration shall

be considered a registered voter when the county election officer adds

the applicant's name to the county voter registration list.

(h) Any registered voter whose residence address is not a permissible

postal delivery address shall designate a postal address for registration

records. When a county election officer has reason to believe that a voter's

registration residence is not a permissible postal delivery address, the

county election officer shall attempt to determine a proper mailing ad-

dress for the voter.

(i) Any registered voter may request that such person's residence ad-

dress be concealed from public inspection on the voter registration list

and on the original voter registration application form. Such request shall

be made in writing to the county election officer, and shall specify a clearly

unwarranted invasion of personal privacy or a threat to the voter's safety.

Upon receipt of such a request, the county election officer shall take ap-

propriate steps to ensure that such person's residence address is not pub-

licly disclosed. Nothing in this subsection shall be construed as requiring

or authorizing the secretary of state to include on the voter registration

application form a space or other provision on the form that would allow

the applicant to request that such applicant's residence address be con-

cealed from public inspection.

(j) No application for voter registration shall be made available for

public inspection or copying unless the information required by para-

graph (5) of subsection (b) has been removed or otherwise rendered

unreadable.

Sec. 7. K.S.A. 25-2320 as amended by section 2 of 2001 Senate Bill

No. 63 is hereby amended to read as follows: 25-2320. (a) The county

election officer shall allow access to any person at any time during regular

business hours, under supervision of the county election officer for the

purpose of examining the voter registration books, active voter lists and

other lists of voters required to be kept. Any person may make a written

request for a copy of the registration books at any time except on any

election day. The election officer is hereby directed to provide one or

more copies which are accurate insofar as practicable of such books to

the person so requesting. The election officer shall provide such copies

to the person within 10 days following the request if so requested. The

expense of making such copies shall be paid by the person requesting

them. The cost of copies shall be established by the county election officer

at a price which is not more than the actual cost and shall be set uniformly

in order that the price therefor shall be the same for all persons requesting

identical copies.

(b) No voter registration record shall be made available for public

inspection or copying unless the individual's social security number, or

any part thereof, has been removed or otherwise been rendered unread-

able.

Sec. 8. K.S.A. 25-3602, as amended by section 2 of 2001 Senate Bill

No. 107, is hereby amended to read as follows: 25-3602. (a) Each petition

shall consist of one or more documents pertaining to a single issue or

proposition under one distinctive title. The documents shall be filed with

the county election officer or other official, if another official is designated

in the applicable statutes. The filing shall be made at one time all in one

group. Later or successive filings of documents relating to the same issue

or proposition shall be deemed to be separate petitions and not a part of

any earlier or later filing.

(b) Unless otherwise specifically required, each petition shall: (1)

State the question which petitioners seek to bring to an election in the

form of a question as it should appear upon the ballot in accordance with

the requirements of K.S.A. 25-620 and K.S.A. 25-3601, and amendments

thereto;

(2) name the taxing subdivision or other political subdivision in which

an election is sought to be held;

(3) contain the following recital above the spaces provided for sig-

natures: ``I have personally signed this petition. I am a registered elector

of the state of Kansas and of



(here insert name of political or taxing subdivision)


and my residence address is correctly written after my name.''

The recital shall be followed by blank spaces for the signature, resi-

dence address and date of signing for each person signing the petition.

When petitioners are required by law to possess qualifications in ad-

dition to being registered electors, the form of the petition shall be

amended to contain a recital specifying the additional qualifications re-

quired and stating that the petitioners possess the qualifications; and

(4) contain the following recital, at the end of each set of documents

carried by each circulator: ``I am the circulator of this petition and a

resident of the state of Kansas and possess the qualifications of an elector

of the state of Kansas. I have personally witnessed the signing of the

petition by each person whose name appears thereon. I am a resident

and a registered elector of the state of Kansas and of


(here insert name of political or taxing subdivision)


the political or taxing subdivision in which the election is sought to be

held.

____________________

(Signature of circulator)

____________________

(Circulator's residence address)

The recital of the circulator of each petition shall be verified upon oath

or affirmation before a notarial officer in the manner prescribed by K.S.A.

53-501, et. seq. et seq. and amendments thereto.

(c) Any person who has signed a petition who desires to withdraw

such person's name may do so by giving written notice to the county

election officer or other designated official not later than the third day

following the date upon which the petition is filed.

(d) Any petition shall be null and void unless submitted to the county

election officer or other designated official within 180 days of the date of

the first signature on the petition.

(e) Unless the governing body of the political or taxing subdivision in

which the election is sought to be held authorizes a special election, all

elections which are called as a result of the filing of a sufficient petition

shall be held at the next succeeding primary or general election as defined

by K.S.A. 25-2502, and amendments thereto, in which the political or

taxing subdivision is participating.

(f) When a petition requires signatures equal in number to a per-

centage of the total number of registered voters, such percentage shall

be based on the most recent number of registered voters as certified to

the office of the secretary of state pursuant to subsection (f) of K.S.A. 25-

2311, and amendments thereto.

Sec. 9. K.S.A. 32-988 as amended by section 2 of 2001 Senate Bill

No. 148 is hereby amended to read as follows: 32-988. (a) The secretary

is authorized to adopt, in accordance with K.S.A. 32-805 and amendments

thereto, rules and regulations fixing the amount of fees for the following

items, subject to the following limitations and subject to the requirement

that no such rules and regulations shall be adopted as temporary rules

and regulations:

Big game permits

Resident (other than elk permit): minimum $10, maximum $100

Nonresident (other than elk permit): minimum $30, maximum $400

Elk permit: maximum $350

Big game tag: maximum $10

Nonresident applications: maximum $5

Combination hunting and fishing licenses

Resident: minimum $10, maximum $30 $50

Lifetime: minimum $400, maximum $600 $1,000; or 8 quarterly payments, each

minimum $55, maximum $80 $150

Nonresident: minimum $75, maximum $125 $200

Commercial dog training permits: minimum $10, maximum $25

Commercial guide permit or associate guide permit: maximum $50

Resident: maximum $250

Nonresident: maximum $1,000

Commercial harvest or dealer permits: minimum $10, maximum $200

Commercial prairie rattlesnake harvesting permits

Resident or nonresident with valid hunting license: maximum $5

Resident or nonresident nonfirearm without valid hunting license: maximum $20

Controlled shooting area operator license: minimum $200, maximum $400

Duplicate licenses, permits, stamps and other issues of the department: maximum $10

Falconry

Permits: minimum $50, maximum $300

Examinations: minimum $25, maximum $100

Field trial permits: minimum $10, maximum $25

Fishing licenses

Resident: minimum $5, maximum $15 $25

Lifetime: minimum $200, maximum $300 $500; or 8 quarterly payments, each min-

imum $30, maximum $45 $75

Nonresident: minimum $15, maximum $50 $75

Five-day nonresident: minimum $5, maximum $15 $25

Institutional group: minimum $100, maximum $200

Special nonprofit group: minimum $50, maximum $200

Twenty-four-hour: maximum $3 $10

Fur dealer licenses

Resident: minimum $50, maximum $200

Nonresident: minimum $50, maximum $400

Furharvester licenses

Resident: minimum $10, maximum $20 $25

Lifetime: minimum $200, maximum $300 $500; or 8 quarterly payments, each min-

imum $30, maximum $45 $75

Nonresident: minimum $50, maximum $400

Game breeder permits: minimum $2, maximum $15

Handicapped hunting and fishing permits: maximum $5

Hound trainer-breeder running permits: minimum $10, maximum $25

Hunting licenses

Resident: minimum $5, maximum $15 $25

Lifetime: minimum $200, maximum $300 $500; or 8 quarterly payments, each min-

imum $30, maximum $45 $75

Nonresident 16 or more years of age: minimum $25, maximum $75 $125

Nonresident under 16 years of age: maximum $75

Controlled shooting area: minimum $5, maximum $15 $25

Forty-eight-hour waterfowl permits: maximum $25

Migratory waterfowl habitat stamps: minimum $3, maximum $5 $8

Mussel fishing licenses

Resident: minimum $25, maximum $200

Nonresident: minimum $50, maximum $1,500

Rabbit permits

Live trapping: maximum $200

Shipping: minimum $25, maximum $400

Raptor propagation permits: maximum $100

Rehabilitation permits: maximum $50

Scientific, educational or exhibition permits: maximum $10

Wildlife damage control permits: maximum $10

Wildlife importation permits: maximum $10

Special permits under K.S.A. 32-961: maximum $100

Miscellaneous fees

Special events on department land or water: maximum $200

Special departmental services, materials or supplies: no maximum

Other issues of department: no maximum

Vendor bond: no maximum

(b) The fee for a landowner-tenant resident big game hunting permit

shall be an amount equal to 1/2 the fee for a general resident big game

hunting permit.

(c) The fee for a furharvester license for a resident under 16 years of

age shall be an amount equal to 1/2 the fee for a resident furharvester

license.

(d) The secretary may establish, by rules and regulations adopted in

accordance with K.S.A. 32-805 and amendments thereto, different fees

for various classes and types of licenses, permits, stamps and other issu-

ances of the department which may occur within each item as described

under subsection (a).

Sec. 10. K.S.A. 38-1502 is hereby amended to read as follows: 38-

1502. As used in this code, unless the context otherwise indicates:

(a) ``Child in need of care'' means a person less than 18 years of age

who:

(1) Is without adequate parental care, control or subsistence and the

condition is not due solely to the lack of financial means of the child's

parents or other custodian;

(2) is without the care or control necessary for the child's physical,

mental or emotional health;

(3) has been physically, mentally or emotionally abused or neglected

or sexually abused;

(4) has been placed for care or adoption in violation of law;

(5) has been abandoned or does not have a known living parent;

(6) is not attending school as required by K.S.A. 72-977 or 72-1111,

and amendments thereto;

(7) except in the case of a violation of K.S.A. 41-727, subsection (j)

of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amend-

ments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-

4204a and amendments thereto, does an act which, when committed by

a person under 18 years of age, is prohibited by state law, city ordinance

or county resolution but which is not prohibited when done by an adult;

(8) while less than 10 years of age, commits any act which if done by

an adult would constitute the commission of a felony or misdemeanor as

defined by K.S.A. 21-3105 and amendments thereto;

(9) is willfully and voluntarily absent from the child's home without

the consent of the child's parent or other custodian;

(10) is willfully and voluntarily absent at least a second time from a

court ordered or designated placement, or a placement pursuant to court

order, if the absence is without the consent of the person with whom the

child is placed or, if the child is placed in a facility, without the consent

of the person in charge of such facility or such person's designee;

(11) has been residing in the same residence with a sibling or another

person under 18 years of age, who has been physically, mentally or emo-

tionally abused or neglected, or sexually abused; or

(12) while less than 10 years of age commits the offense defined in

K.S.A. 21-4204a and amendments thereto.

(b) ``Physical, mental or emotional abuse'' means the infliction of

physical, mental or emotional injury or the causing of a deterioration of

a child and may include, but shall not be limited to, maltreatment or

exploiting a child to the extent that the child's health or emotional well-

being is endangered.

(c) ``Sexual abuse'' means any act committed with a child which is

described in article 35, chapter 21 of the Kansas Statutes Annotated and

those acts described in K.S.A. 21-3602 or 21-3603, and amendments

thereto, regardless of the age of the child.

(d) ``Parent,'' when used in relation to a child or children, includes a

guardian, conservator and every person who is by law liable to maintain,

care for or support the child.

(e) ``Interested party'' means the state, the petitioner, the child, any

parent, any grandparent and any person found to be an interested party

pursuant to K.S.A. 38-1541 and amendments thereto.

(f) ``Law enforcement officer'' means any 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 crimes, whether that duty extends to

all crimes or is limited to specific crimes.

(g) ``Youth residential facility'' means any home, foster home or struc-

ture which provides 24-hour-a-day care for children and which is licensed

pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated.

(h) ``Shelter facility'' means any public or private facility or home

other than a juvenile detention facility that may be used in accordance

with this code for the purpose of providing either temporary placement

for the care of children in need of care prior to the issuance of a dispos-

itional order or longer term care under a dispositional order.

(i) ``Juvenile detention facility'' means any secure public or private

facility used for the lawful custody of accused or adjudicated juvenile

offenders which must not be a jail.

(j) ``Adult correction facility'' means any public or private facility, se-

cure or nonsecure, which is used for the lawful custody of accused or

convicted adult criminal offenders.

(k) ``Secure facility'' means a facility which is operated or structured

so as to ensure that all entrances and exits from the facility are under the

exclusive control of the staff of the facility, whether or not the person

being detained has freedom of movement within the perimeters of the

facility, or which relies on locked rooms and buildings, fences or physical

restraint in order to control behavior of its residents. No secure facility

shall be in a city or county jail.

(l) ``Ward of the court'' means a child over whom the court has ac-

quired jurisdiction by the filing of a petition pursuant to this code and

who continues subject to that jurisdiction until the petition is dismissed

or the child is discharged as provided in K.S.A. 38-1503 and amendments

thereto.

(m) ``Custody,'' whether temporary, protective or legal, means the

status created by court order or statute which vests in a custodian,

whether an individual or an agency, the right to physical possession of

the child and the right to determine placement of the child, subject to

restrictions placed by the court.

(n) ``Placement'' means the designation by the individual or agency

having custody of where and with whom the child will live.

(o) ``Secretary'' means the secretary of social and rehabilitation serv-

ices.

(p) ``Relative'' means a person related by blood, marriage or adoption

but, when referring to a relative of a child's parent, does not include the

child's other parent.

(q) ``Court-appointed special advocate'' means a responsible adult

other than an attorney guardian ad litem who is appointed by the court

to represent the best interests of a child, as provided in K.S.A. 38-1505a

and amendments thereto, in a proceeding pursuant to this code.

(r) ``Multidisciplinary team'' means a group of persons, appointed by

the court or by the state department of social and rehabilitation services

under K.S.A. 38-1523a and amendments thereto, which has knowledge

of the circumstances of a child in need of care. A multidisciplinary team

may serve as a community services team.

(s) ``Jail'' means:

(1) An adult jail or lockup; or

(2) a facility in the same building or on the same grounds as an adult

jail or lockup, unless the facility meets all applicable standards and licen-

sure requirements under law and there is (A) total separation of the ju-

venile and adult facility spatial areas such that there could be no haphaz-

ard or accidental contact between juvenile and adult residents in the

respective facilities; (B) total separation in all juvenile and adult program

activities within the facilities, including recreation, education, counseling,

health care, dining, sleeping, and general living activities; and (C) separate

juvenile and adult staff, including management, security staff and direct

care staff such as recreational, educational and counseling.

(t) ``Kinship care'' means the placement of a child in the home of the

child's relative or in the home of another adult with whom the child or

the child's parent already has a close emotional attachment.

(u) ``Juvenile intake and assessment worker'' means a responsible

adult authorized to perform intake and assessment services as part of the

intake and assessment system established pursuant to K.S.A. 75-7023, and

amendments thereto.

(v) ``Abandon'' means to forsake, desert or cease providing care for

the child without making appropriate provisions for substitute care.

(w) ``Permanent guardianship'' means a judicially created relationship

between child and caretaker which is intended to be permanent and self-

sustaining without ongoing state oversight or intervention by the secre-

tary. The permanent guardian stands in loco parentis and exercises all the

rights and responsibilities of a parent. A permanent guardian may be

appointed after termination of parental rights or without termination of

parental rights, if the parent consents and agrees to the appointment of

a permanent guardian. Upon appointment of a permanent guardian, the

child shall be discharged from the custody of the secretary.

(x) ``Aggravated circumstances'' means the abandonment, torture,

chronic abuse, sexual abuse or chronic, life threatening neglect of a child.

(y) ``Permanency hearing'' means a notice and opportunity to be

heard is provided to interested parties, foster parents, preadoptive parents

or relatives providing care for the child. The court, after consideration of

the evidence, shall determine whether progress toward the case plan goal

is adequate or reintegration is a viable alternative, or if the case should

be referred to the county or district attorney for filing of a petition to

terminate parental rights or to appoint a permanent guardian.

(z) ``Extended out of home placement'' means a child has been in the

custody of the secretary and placed with neither parent for 15 of the most

recent 22 months beginning 60 days after the date at which a child in the

custody of the secretary was removed from the home.

(aa) ``Educational institution'' means all schools at the elementary and

secondary levels.

(bb) ``Educator'' means any administrator, teacher or other profes-

sional or paraprofessional employee of an educational institution who has

exposure to a pupil specified in subsection (a) of K.S.A. 2000 Supp. 72-

89b03 and amendments thereto.

(cc) ``Neglect'' means acts or omissions by a parent, guardian or per-

son responsible for the care of a child resulting in harm to a child or

presenting a likelihood of harm and the acts or omissions are not due

solely to the lack of financial means of the child's parents or other cus-

todian. Neglect may include but shall not be limited to:

(1) Failure to provide the child with food, clothing or shelter neces-

sary to sustain the life or health of the child;

(2) failure to provide adequate supervision of a child or to remove a

child from a situation which requires judgment or actions beyond the

child's level of maturity, physical condition or mental abilities and that

results in bodily injury or a likelihood of harm to the child; or

(3) failure to use resources available to treat a diagnosed medical

condition if such treatment will make a child substantially more com-

fortable, reduce pain and suffering, correct or substantially diminish a

crippling condition from worsening. A parent legitimately practicing re-

ligious beliefs who does not provide specified medical treatment for a

child because of religious beliefs shall not for that reason be considered

a negligent parent; however, this exception shall not preclude a court from

entering an order pursuant to subsection (a)(2) of K.S.A. 38-1513, and

amendments thereto.

(dd) ``Community services team'' means a group of persons, ap-

pointed by the court or by the state department of social and rehabilita-

tion services for the purpose of assessing the needs of a child who is

alleged to be a child in need of care.

Sec. 11. K.S.A. 38-1503 is hereby amended to read as follows: 38-

1503. (a) Proceedings concerning any child who appears to be a child in

need of care shall be governed by this code, except in those instances

when the Indian child welfare act of 1978 (25 U.S.C. § § 1901 et seq.)

applies.

(b) Subject to the uniform child custody jurisdiction and enforcement

act, K.S.A. 38-1301 et seq. 38-1336 through 38-1377, and amendments

thereto, the district court shall have original jurisdiction to receive and

determine proceedings under this code.

(c) When jurisdiction has been acquired by the court over the person

of a child in need of care it may continue until the child: (1) Has attained

the age of 21 years; (2) has been adopted; or (3) has been discharged by

the court. Any child 18 years of age or over may request, by motion to

the court, that the jurisdiction of the court cease. Subsequently, the court

shall enter an order discharging the person from any further jurisdiction

of the court.

(d) When it is no longer appropriate for the court to exercise juris-

diction over a child the court, upon its own motion or the motion of an

interested party, shall enter an order discharging the child. Except upon

request of the child, the court shall not enter an order discharging a child

which reaches 18 years of age before completing the child's high school

education until June 1 of the school year during which the child became

18 years of age as long as the child is still attending high school.

(e) Unless the court finds that substantial injustice would result, the

provisions of this code shall govern with respect to acts or omissions oc-

curring prior to the effective date of this code, and amendments thereto,

and with respect to children alleged or adjudicated to have done or to

have been affected by the acts or omissions, to the same extent as if the

acts or omissions had occurred on or after the effective date of this code,

and amendments thereto, and the children had been alleged or adjudi-

cated to be children in need of care.

Sec. 12. K.S.A. 38-1583 is hereby amended to read as follows: 38-

1583. (a) When the child has been adjudicated to be a child in need of

care, the court may terminate parental rights when the court finds by

clear and convincing evidence that the parent is unfit by reason of conduct

or condition which renders the parent unable to care properly for a child

and the conduct or condition is unlikely to change in the foreseeable

future.

(b) In making a determination hereunder the court shall consider,

but is not limited to, the following, if applicable:

(1) Emotional illness, mental illness, mental deficiency or physical

disability of the parent, of such duration or nature as to render the parent

unlikely to care for the ongoing physical, mental and emotional needs of

the child;

(2) conduct toward a child of a physically, emotionally or sexually

cruel or abusive nature;

(3) excessive use of intoxicating liquors or narcotic or dangerous

drugs;

(4) physical, mental or emotional neglect of the child;

(5) conviction of a felony and imprisonment;

(6) unexplained injury or death of another child or stepchild of the

parent;

(7) reasonable efforts by appropriate public or private child caring

agencies have been unable to rehabilitate the family; and

(8) lack of effort on the part of the parent to adjust the parent's cir-

cumstances, conduct or conditions to meet the needs of the child.

(c) In addition to the foregoing, when a child is not in the physical

custody of a parent, the court, in proceedings concerning the termination

of parental rights, shall also consider, but is not limited to the following:

(1) Failure to assure care of the child in the parental home when able

to do so;

(2) failure to maintain regular visitation, contact or communication

with the child or with the custodian of the child;

(3) failure to carry out a reasonable plan approved by the court di-

rected toward the integration of the child into the parental home; and

(4) failure to pay a reasonable portion of the cost of substitute physical

care and maintenance based on ability to pay.

In making the above determination, the court may disregard incidental

visitations, contacts, communications or contributions.

(d) The rights of the parents may be terminated as provided in this

section if the court finds that the parents have abandoned the child, the

custody of the child was surrendered pursuant to K.S.A. 38-15,100, and

amendments thereto, or the child was left under such circumstances that

the identity of the parents is unknown and cannot be ascertained, despite

diligent searching, and the parents have not come forward to claim the

child within three months after the child is found.

(e) The existence of any one of the above standing alone may, but

does not necessarily, establish grounds for termination of parental rights.

The determination shall be based on an evaluation of all factors which

are applicable. In considering any of the above factors for terminating the

rights of a parent, the court shall give primary consideration to the phys-

ical, mental or emotional condition and needs of the child. If presented

to the court and subject to the provisions of K.S.A. 60-419, and amend-

ments thereto, the court shall consider as evidence testimony from a

person licensed to practice medicine and surgery, a licensed psychologist

or a licensed social worker expressing an opinion relating to the physical,

mental or emotional condition and needs of the child. The court shall

consider any such testimony only if the licensed professional providing

such testimony is subject to cross-examination.

(f) A termination of parental rights under the Kansas code for care

of children shall not terminate the right of the child to inherit from or

through the parent. Upon such termination, all the rights of birth parents

to such child, including their right to inherit from or through such child,

shall cease.

(g) If, after finding the parent unfit, the court determines a compel-

ling reason why it is contrary to the welfare or not in the best interests

of the child to terminate parental rights or upon agreement of the parents,

the court may award permanent guardianship to an individual providing

care for the child, a relative or other person with whom the child has a

close emotional attachment. Prior to awarding permanent guardianship,

the court shall receive and consider an assessment as provided in K.S.A.

59-2132 and amendments thereto of any potential permanent guardian.

Upon appointment of a permanent guardian, the court shall discharge

the child from the custody of the secretary.

(h) If a parent is convicted of an offense as provided in subsection

(7) of K.S.A. 38-1585 and amendments thereto or is adjudicated a juvenile

offender because of an act which if committed by an adult would be an

offense as provided in subsection (7) of K.S.A. 38-1585 and amendments

thereto, and if the victim was the other parent of a child, the court may

disregard such convicted or adjudicated parent's opinions or wishes in

regard to the placement of such child.

(i) If the secretary has documented to the court a compelling reason

why custody for adoption, custody for permanent guardianship, nor cus-

tody for placement with a fit and willing relative are currently a viable

option, the court may order custody to remain with the secretary for

continued permanency planning and another planned permanent living

arrangement.

Sec. 13. K.S.A. 45-221 is hereby amended to read as follows: 45-221.

(a) Except to the extent disclosure is otherwise required by law, a public

agency shall not be required to disclose:

(1) Records the disclosure of which is specifically prohibited or re-

stricted by federal law, state statute or rule of the Kansas supreme court

or the disclosure of which is prohibited or restricted pursuant to specific

authorization of federal law, state statute or rule of the Kansas supreme

court to restrict or prohibit disclosure.

(2) Records which are privileged under the rules of evidence, unless

the holder of the privilege consents to the disclosure.

(3) Medical, psychiatric, psychological or alcoholism or drug depend-

ency treatment records which pertain to identifiable patients.

(4) Personnel records, performance ratings or individually identifia-

ble records pertaining to employees or applicants for employment, except

that this exemption shall not apply to the names, positions, salaries and

lengths of service of officers and employees of public agencies once they

are employed as such.

(5) Information which would reveal the identity of any undercover

agent or any informant reporting a specific violation of law.

(6) Letters of reference or recommendation pertaining to the char-

acter or qualifications of an identifiable individual.

(7) Library, archive and museum materials contributed by private

persons, to the extent of any limitations imposed as conditions of the

contribution.

(8) Information which would reveal the identity of an individual who

lawfully makes a donation to a public agency, if anonymity of the donor

is a condition of the donation.

(9) Testing and examination materials, before the test or examination

is given or if it is to be given again, or records of individual test or ex-

amination scores, other than records which show only passage or failure

and not specific scores.

(10) Criminal investigation records, except that the district court, in

an action brought pursuant to K.S.A. 45-222, and amendments thereto,

may order disclosure of such records, subject to such conditions as the

court may impose, if the court finds that disclosure:

(A) Is in the public interest;

(B) would not interfere with any prospective law enforcement action;

(C) would not reveal the identity of any confidential source or un-

dercover agent;

(D) would not reveal confidential investigative techniques or proce-

dures not known to the general public;

(E) would not endanger the life or physical safety of any person; and

(F) would not reveal the name, address, phone number or any other

information which specifically and individually identifies the victim of any

sexual offense in article 35 of chapter 21 of the Kansas Statutes Anno-

tated, and amendments thereto.

(11) Records of agencies involved in administrative adjudication or

civil litigation, compiled in the process of detecting or investigating vio-

lations of civil law or administrative rules and regulations, if disclosure

would interfere with a prospective administrative adjudication or civil

litigation or reveal the identity of a confidential source or undercover

agent.

(12) Records of emergency or security information or procedures of

a public agency, or plans, drawings, specifications or related information

for any building or facility which is used for purposes requiring security

measures in or around the building or facility or which is used for the

generation or transmission of power, water, fuels or communications, if

disclosure would jeopardize security of the public agency, building or

facility.

(13) The contents of appraisals or engineering or feasibility estimates

or evaluations made by or for a public agency relative to the acquisition

of property, prior to the award of formal contracts therefor.

(14) Correspondence between a public agency and a private individ-

ual, other than correspondence which is intended to give notice of an

action, policy or determination relating to any regulatory, supervisory or

enforcement responsibility of the public agency or which is widely dis-

tributed to the public by a public agency and is not specifically in response

to communications from such a private individual.

(15) Records pertaining to employer-employee negotiations, if dis-

closure would reveal information discussed in a lawful executive session

under K.S.A. 75-4319, and amendments thereto.

(16) Software programs for electronic data processing and documen-

tation thereof, but each public agency shall maintain a register, open to

the public, that describes:

(A) The information which the agency maintains on computer facil-

ities; and

(B) the form in which the information can be made available using

existing computer programs.

(17) Applications, financial statements and other information sub-

mitted in connection with applications for student financial assistance

where financial need is a consideration for the award.

(18) Plans, designs, drawings or specifications which are prepared by

a person other than an employee of a public agency or records which are

the property of a private person.

(19) Well samples, logs or surveys which the state corporation com-

mission requires to be filed by persons who have drilled or caused to be

drilled, or are drilling or causing to be drilled, holes for the purpose of

discovery or production of oil or gas, to the extent that disclosure is limited

by rules and regulations of the state corporation commission.

(20) Notes, preliminary drafts, research data in the process of anal-

ysis, unfunded grant proposals, memoranda, recommendations or other

records in which opinions are expressed or policies or actions are pro-

posed, except that this exemption shall not apply when such records are

publicly cited or identified in an open meeting or in an agenda of an open

meeting.

(21) Records of a public agency having legislative powers, which re-

cords pertain to proposed legislation or amendments to proposed legis-

lation, except that this exemption shall not apply when such records are:

(A) Publicly cited or identified in an open meeting or in an agenda

of an open meeting; or

(B) distributed to a majority of a quorum of any body which has au-

thority to take action or make recommendations to the public agency with

regard to the matters to which such records pertain.

(22) Records of a public agency having legislative powers, which re-

cords pertain to research prepared for one or more members of such

agency, except that this exemption shall not apply when such records are:

(A) Publicly cited or identified in an open meeting or in an agenda

of an open meeting; or

(B) distributed to a majority of a quorum of any body which has au-

thority to take action or make recommendations to the public agency with

regard to the matters to which such records pertain.

(23) Library patron and circulation records which pertain to identi-

fiable individuals.

(24) Records which are compiled for census or research purposes and

which pertain to identifiable individuals.

(25) Records which represent and constitute the work product of an

attorney.

(26) Records of a utility or other public service pertaining to individ-

ually identifiable residential customers of the utility or service, except that

information concerning billings for specific individual customers named

by the requester shall be subject to disclosure as provided by this act.

(27) Specifications for competitive bidding, until the specifications

are officially approved by the public agency.

(28) Sealed bids and related documents, until a bid is accepted or all

bids rejected.

(29) Correctional records pertaining to an identifiable inmate or re-

lease, except that:

(A) The name; photograph and other identifying information; sen-

tence data; parole eligibility date; custody or supervision level; disciplinary

record; supervision violations; conditions of supervision, excluding

requirements pertaining to mental health or substance abuse counseling;

location of facility where incarcerated or location of parole office main-

taining supervision and address of a releasee whose crime was committed

after the effective date of this act shall be subject to disclosure to any

person other than another inmate or releasee, except that the disclosure

of the location of an inmate transferred to another state pursuant to the

interstate corrections compact shall be at the discretion of the secretary

of corrections;

(B) the ombudsman of corrections, the attorney general, law enforce-

ment agencies, counsel for the inmate to whom the record pertains and

any county or district attorney shall have access to correctional records to

the extent otherwise permitted by law;

(C) the information provided to the law enforcement agency pursu-

ant to the sex offender registration act, K.S.A. 22-4901, et seq., and

amendments thereto, shall be subject to disclosure to any person, except

that the name, address, telephone number or any other information which

specifically and individually identifies the victim of any offender required

to register as provided by the Kansas offender registration act, K.S.A. 22-

4901 et seq. and amendments thereto, shall not be disclosed; and

(D) records of the department of corrections regarding the financial

assets of an offender in the custody of the secretary of corrections shall

be subject to disclosure to the victim, or such victim's family, of the crime

for which the inmate is in custody as set forth in an order of restitution

by the sentencing court.

(30) Public records containing information of a personal nature

where the public disclosure thereof would constitute a clearly unwar-

ranted invasion of personal privacy.

(31) Public records pertaining to prospective location of a business

or industry where no previous public disclosure has been made of the

business' or industry's interest in locating in, relocating within or expand-

ing within the state. This exception shall not include those records per-

taining to application of agencies for permits or licenses necessary to do

business or to expand business operations within this state, except as

otherwise provided by law.

(32) Engineering and architectural estimates made by or for any pub-

lic agency relative to public improvements.

(33) Financial information submitted by contractors in qualification

statements to any public agency.

(34) Records involved in the obtaining and processing of intellectual

property rights that are expected to be, wholly or partially vested in or

owned by a state educational institution, as defined in K.S.A. 76-711, and

amendments thereto, or an assignee of the institution organized and ex-

isting for the benefit of the institution.

(35) Any report or record which is made pursuant to K.S.A. 65-4922,

65-4923 or 65-4924, and amendments thereto, and which is privileged

pursuant to K.S.A. 65-4915 or 65-4925, and amendments thereto.

(36) Information which would reveal the precise location of an ar-

cheological site.

(37) Any financial data or traffic information from a railroad company,

to a public agency, concerning the sale, lease or rehabilitation of the

railroad's property in Kansas.

(38) Risk-based capital reports, risk-based capital plans and corrective

orders including the working papers and the results of any analysis filed

with the commissioner of insurance in accordance with K.S.A. 40-2c20,

and 45-2d20 and amendments thereto.

(39) Memoranda and related materials required to be used to support

the annual actuarial opinions submitted pursuant to subsection (b) of

K.S.A. 40-409, and amendments thereto.

(40) Disclosure reports filed with the commissioner of insurance un-

der subsection (a) of K.S.A. 40-2,156, and amendments thereto.

(41) All financial analysis ratios and examination synopses concerning

insurance companies that are submitted to the commissioner by the na-

tional association of insurance commissioners' insurance regulatory infor-

mation system.

(42) Any records the disclosure of which is restricted or prohibited

by a tribal-state gaming compact.

(43) Market research, market plans, business plans and the terms and

conditions of managed care or other third party contracts, developed or

entered into by the university of Kansas medical center in the operation

and management of the university hospital which the chancellor of the

university of Kansas or the chancellor's designee determines would give

an unfair advantage to competitors of the university of Kansas medical

center.

(44) The amount of franchise tax paid to the secretary of state by

domestic corporations, foreign corporations, domestic limited liability

companies, foreign limited liability companies, domestic limited partner-

ship, foreign limited partnership, domestic limited liability partnerships

and foreign limited liability partnerships.

(b) Except to the extent disclosure is otherwise required by law or as

appropriate during the course of an administrative proceeding or on ap-

peal from agency action, a public agency or officer shall not disclose fi-

nancial information of a taxpayer which may be required or requested by

a county appraiser or the director of property valuation to assist in the

determination of the value of the taxpayer's property for ad valorem tax-

ation purposes; or any financial information of a personal nature required

or requested by a public agency or officer, including a name, job descrip-

tion or title revealing the salary or other compensation of officers, em-

ployees or applicants for employment with a firm, corporation or agency,

except a public agency. Nothing contained herein shall be construed to

prohibit the publication of statistics, so classified as to prevent identifi-

cation of particular reports or returns and the items thereof.

(c) As used in this section, the term ``cited or identified'' shall not

include a request to an employee of a public agency that a document be

prepared.

(d) If a public record contains material which is not subject to dis-

closure pursuant to this act, the public agency shall separate or delete

such material and make available to the requester that material in the

public record which is subject to disclosure pursuant to this act. If a public

record is not subject to disclosure because it pertains to an identifiable

individual, the public agency shall delete the identifying portions of the

record and make available to the requester any remaining portions which

are subject to disclosure pursuant to this act, unless the request is for a

record pertaining to a specific individual or to such a limited group of

individuals that the individuals' identities are reasonably ascertainable, the

public agency shall not be required to disclose those portions of the record

which pertain to such individual or individuals.

(e) The provisions of this section shall not be construed to exempt

from public disclosure statistical information not descriptive of any iden-

tifiable person.

(f) Notwithstanding the provisions of subsection (a), any public rec-

ord which has been in existence more than 70 years shall be open for

inspection by any person unless disclosure of the record is specifically

prohibited or restricted by federal law, state statute or rule of the Kansas

supreme court or by a policy adopted pursuant to K.S.A. 72-6214, and

amendments thereto.

Sec. 14. K.S.A. 2000 Supp. 60-304 is hereby amended to read as

follows: 60-304. As used in this section, ``serving'' means making service

by any of the methods described in K.S.A. 60-303, and amendments

thereto, unless a specific method of making service is prescribed in this

section. Except for service by publication under K.S.A. 60-307, and

amendments thereto, service of process under this article shall be made

as follows:

(a) Individual. Upon an individual other than a minor or a disabled

person, by serving the individual or by serving an agent authorized by

appointment or by law to receive service of process, but if the agent is

one designated by statute to receive service, such further notice as the

statute requires shall be given. Service by certified mail shall be addressed

to an individual at the individual's dwelling house or usual place of abode

and to an authorized agent at the agent's usual or designated address. If

service by certified mail to the individual's dwelling house or usual place

of abode is refused or unclaimed, the sheriff, party or party's attorney

seeking service may complete service by certified mail, restricted delivery,

by serving the individual at a business address after filing a return on

service stating the certified mailing to the individual at such individual's

dwelling house or usual place of abode has been refused or unclaimed

and a business address is known for such individual.

(b) Minor. Upon a minor, by serving the minor and also either the

minor's guardian or conservator if the minor has one within the state or

the minor's father or mother or other person having the minor's care or

control or with whom such minor resides, or if service cannot be made

upon any of them, then as provided by order of the judge. Service by

certified mail shall be addressed to an individual at the individual's dwell-

ing house or usual place of abode and to a corporate guardian or conser-

vator at such guardian or conservator's usual place of business.

(c) Disabled person. Upon a disabled person, as defined in K.S.A. 59-

3002, and amendments thereto, by serving (1) such person's guardian,

conservator or a competent adult member of such person's family with

whom the person resides, or if such person is living in an institution, then

the director or chief executive officer of the institution or, if service can-

not be made upon any of them, then as provided by order of the judge,

and (2) unless the judge otherwise orders, the disabled person. Service

by certified mail shall be addressed to a director or chief executive officer

of an institution at the institution, to any other individual at the individ-

ual's dwelling house or usual place of abode, and to a corporate guardian

or conservator at such guardian or conservator's usual place of business.

(d) Governmental bodies. (1) Upon a county, by serving one of the

county commissioners or the county clerk or the county treasurer; (2)

upon a township, by serving the clerk or the trustee; (3) upon a city, by

serving the clerk or the mayor; (4) upon any other public corporation,

body politic, district or authority by serving the clerk or secretary or, if

not to be found, to any officer, director or manager thereof; and (5) upon

the state or any governmental agency of the state, when subject to suit,

by serving the attorney general or an assistant attorney general. Service

by certified mail shall be addressed to the appropriate official at the of-

ficial's governmental office. Income withholding orders for support and

orders of garnishment of earnings of state officers and employees shall

be served upon the state or governmental agency of the state in the man-

ner provided by K.S.A. 60-723 and amendments thereto.

(e) Corporations, domestic or foreign limited liability company, do-

mestic or foreign limited partnership, domestic or foreign limited liability

partnership, and partnerships. Upon a domestic or foreign corporation,

domestic or foreign limited liability company, domestic or foreign limited

partnership, domestic or foreign limited liability partnership or upon a

partnership or other unincorporated association, when by law it may be

sued as such, (1) by serving an officer, manager, partner or a resident,

managing or general agent, or (2) by leaving a copy of the summons and

petition at any business office of the defendant with the person having

charge thereof, or (3) by serving any agent authorized by appointment or

required by law to receive service of process, and if the agent is one

authorized by law to receive service and the law so requires, by also

mailing a copy to the defendant. Service by certified mail on an officer,

partner or agent shall be addressed to such person at the person's usual

place of business.

(f) Corporation, limited liability company, limited partnership or lim-

ited liability partnership resident agent. Whenever any domestic corpo-

ration, domestic limited liability company, domestic limited partnership,

or any foreign corporation, foreign limited liability company, or foreign

limited partnership authorized to transact business or transacting business

without authority in this state, fails to appoint or maintain in this state a

resident agent upon whom service of legal process or service of any such

notice or demand may be had, whenever the resident agent of such cor-

poration, limited liability company or limited partnership cannot with rea-

sonable diligence be found at the registered office in this state, the sec-

retary of state shall be irrevocably authorized as the agent and

representative of the corporation, limited liability company or limited

partnership to accept service of any process or service of any notice or

demand required or permitted by law to be served upon the corporation,

limited liability company or limited partnership. Service on the secretary

of state of any process, notice or demand against the corporation, limited

liability company or limited partnership shall be made by delivering to

the secretary of state by personal service or by certified mail, the original

and two copies of the process and two copies of the petition, notice or

demand, or the clerk of the court may send the original process and two

copies of both the process and the petition, notice or demand directly to

the secretary of state by certified mail. In the event that any process,

notice or demand is served on the secretary of state, the secretary shall

immediately cause a copy of such process, notice or demand to be for-

warded by certified mail, addressed to the corporation, limited liability

company or limited partnership at its principal office as it appears in the

records of the secretary of state, or to the registered or principal office

of the corporation, limited liability company or limited partnership in the

state of its incorporation or formation. The secretary of state shall keep

a record of all processes, notices and demands served upon the secretary

under this subsection, and shall record in the record the time of the

service and the action of the secretary with reference to it. A fee of $40

shall be paid to the secretary of state by the party requesting the service

of process, to cover the cost of such service of process, except the sec-

retary of state may waive the fee for state agencies. That fee shall not be

included within or paid from any deposit as security for any costs or

docket fee required by K.S.A. 60-2001 or 61-2501 K.S.A. 2000 Supp. 61-

4001, and amendments thereto.

(g) Insurance companies or associations. Service of summons or other

process may also be made on any insurance company or association, or-

ganized under the laws of the state of Kansas by service on the commis-

sioner of insurance in the same manner as that provided for service on

foreign insurance companies. All the requirements of law relating to serv-

ice on foreign insurance companies so far as applicable shall also apply

to domestic insurance companies.

(h) Service upon an employee. If the plaintiff or the plaintiff's agent

or attorney files an affidavit that to the best of the affiant's knowledge

and belief the defendant is a nonresident who is employed in this state,

or that the place of residence of the defendant is unknown, the affiant

may direct that the service of summons or other process be made by the

sheriff or other duly authorized person by directing an officer, partner,

managing or general agent, or the person having charge of the office or

place of employment at which the defendant is employed, to make the

defendant available for the purpose of permitting the sheriff or other duly

authorized person to serve the summons or other process.

Sec. 15. K.S.A. 2000 Supp. 61-4001 is hereby amended to read as

follows: 61-4001. (a) Docket fee. No case shall be filed or docketed pur-

suant to the code of civil procedure for limited actions without the pay-

ment of a docket fee in the amount of $19.50 $26, if the amount in

controversy or claimed does not exceed $500; $39.50 $46, if the amount

in controversy or claimed exceeds $500 but does not exceed $5,000; or

$64.50 $76, if the amount in controversy or claimed exceeds $5,000. If

judgment is rendered for the plaintiff, the court also may enter judgment

for the plaintiff for the amount of the docket fee paid by the plaintiff.

(b) Poverty affidavit; additional court costs. The provisions of subsec-

tions (b), (c) and (d) of K.S.A. 60-2001, and amendments thereto, shall

be applicable to lawsuits brought under the code of civil procedure for

limited actions.

Sec. 16. K.S.A. 2000 Supp. 65-5812 is hereby amended to read as

follows: 65-5812. Nothing in the professional counselors licensure act

shall be construed:

(a) To apply to the activities and services of qualified members of

other professional groups including, but not limited to, attorneys, physi-

cians, psychologists, masters level psychologists, marriage and family ther-

apists, registered nurses or social workers, others performing counseling

not for a fee, or others performing counseling consistent with the laws of

this state, their training and any code of ethics of their professions, in-

cluding school, industrial, financial, vocational, rehabilitation or any sim-

ilar type counselor so long as they do not represent themselves by any

title or description in the manner prescribed in K.S.A. 65-5803 and

amendments thereto;

(b) to apply to the activities, services and use of an official title on the

part of an individual employed as a counselor by any federal, state, county

or municipal agency or public, any private educational institution, so long

as such individuals are performing counseling or counseling-related ac-

tivities within the scope of their employment;

(c) to apply to the activities and services rendered by a nonresident

individual not more than 30 days during any calendar year, such individual

is duly authorized to perform such activities and services under the laws

of the state or country of such individual's principal residence;

(d) to apply to the activities and services of a rabbi, priest, minister

or clergy person of any religious denomination or sect, including a Chris-

tian Science practitioner, or any public or private not-for-profit organi-

zation, corporation or association, including but not limited to camp coun-

selors, crisis center counselors, community hot-line counselors or suicide

hot-line counselors, so long as such activities and services are within the

scope of the performance of such individual's regular or specialized min-

isterial duties;

(e) to authorize a person licensed under such act to diagnose or treat

mental illness or disease except that licensed clinical professional coun-

selors may diagnose and treat mental disorders in accordance with this

act;

(f) prohibit the activities of persons licensed or otherwise regulated

by the state board of education or otherwise licensed, registered, or oth-

erwise regulated by the laws of this state and who are performing services

consistent with the laws of this state, their training and any code of ethics

of their profession;

(g) to prohibit the activities of students or interns enrolled in an ap-

proved academic program while engaged in such academic program;

(h) in any way to restrict any person from carrying on any of the

aforesaid activities in the free expression or exchange of ideas concerning

the practice of professional counseling, the application of its principles,

the teaching of such subject matter, and the conducting of research on

problems relating to human behavior if such person does not represent

such person or such person's services in any manner prohibited by such

act;

(i) to prohibit the activities of persons performing services pursuant

to a temporary license issued pursuant to such act;

(j) to apply to the activities of persons working under the supervision

of a professional counselor;

(k) to prohibit the activities of any weight control consultants or ad-

visors in recognized, legitimate programs or business environments;

(l) to prevent qualified persons from doing work within the standards

and ethics of their respective professions and callings provided they do

not hold themselves out to the public by any title or description of services

as being engaged in the practice of professional counseling.

Sec. 17. K.S.A. 2000 Supp. 74-7336, as amended by section 18 of

2001 Senate Bill No. 67, is hereby amended to read as follows: 74-7336.

(a) Of the remittances of fines, penalties and forfeitures received from

clerks of the district court, at least monthly, the state treasurer shall credit

19.81% 7.99% to the crime victims compensation fund, 3.6% 1.45% to

the crime victims assistance fund, 4.98% 2.01% to the community alco-

holism and intoxication programs fund and 4.98%, 2.01% to the depart-

ment of corrections alcohol and drug abuse treatment fund. The remain-

der of the remittances shall be credited to the state general fund.

(b) The county treasurer shall deposit grant moneys as provided in

subsection (a), from the crime victims assistance fund, to the credit of a

special fund created for use by the county or district attorney in estab-

lishing and maintaining programs to aid witnesses and victims of crime.

Sec. 18. K.S.A. 38-1502, 38-1502d, 38-1503, 38-1503a, 38-1583, 38-

1583a, 45-221, 45-221e, 45-221f, K.S.A. 2000 Supp. 12-192, 12-192c, 20-

367b, 60-304, 60-304a, 61-1803, 61-1807, 61-2501, 61-4001, 65-5812, 65-

5812a, K.S.A. 2000 Supp. 8-128, as amended by section 1 of 2001 Senate

Bill No. 73, K.S.A. 8-128, as amended by section 1 of 2001 House Bill

No. 2144, K.S.A. 2000 Supp. 19-101a, as amended by section 14 of 2001

Substitute for House Bill No. 2005, K.S.A. 2000 Supp. 19-101a, as

amended by section 4 of 2001 House Bill No. 2068, K.S.A. 25-205, as

amended by section 1 of 2001 Senate Bill No. 125, K.S.A. 25-205, as

amended by section 1 of 2001 Senate Bill No. 127, K.S.A. 25-1122, as

amended by section 9 of 2001 Senate Bill 125, K.S.A. 25-1122, as

amended by section 4 of 2001 Senate Bill No. 127, K.S.A. 25-2309, as

amended by section 1 of 2001 Senate Bill No. 63, K.S.A. 25-2309, as

amended by section 5 of 2001 Senate Bill No. 127, K.S.A. 25-2320, as

amended by section 2 of 2001 Senate Bill No. 63, K.S.A. 25-2320, as

amended by section 12 of 2001 Senate Bill No. 127, K.S.A. 25-3602, as

amended by section 2 of 2001 Senate Bill No. 107, K.S.A. 25-3602, as

amended by section 7 of 2001 Senate Bill No. 127, K.S.A. 32-988, as

amended by section 2 of 2001 Senate Bill No. 148, K.S.A. 32-988, as

amended by section 1 of 2001 Senate Bill No. 147, K.S.A. 32-1001, as

amended by section 1 of 2001 Senate Bill No. 86, K.S.A. 2000 Supp. 74-

7336, as amended by section 18 of 2001 Senate Bill No. 67, and K.S.A.

2000 Supp. 74-7336, as amended by section 4 of 2001 House Bill No.

2596 are hereby repealed.

Sec. 19. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 22, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001