Kansas 2023-2024 Regular Session

Kansas House Bill HB2332 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Session of 2023
1	2		HOUSE BILL No. 2332
2		-	AN ACT concerning the division of tourism; relating to the transfer of powers, duties and
3		-	functions from the department of wildlife and parks to the department of commerce;
4		-	making changes in references and transfers to state officers with respect thereto;
5		-	amending K.S.A. 2-1314d, 2-2473, 8-134, 32-801, 32-802, 32-805, 32-806, 32-807,
6		-	32-809, 32-832, 32-833, 32-834, 32-835, 32-836, 32-837, 32-839, 32-840, 32-844,
7		-	32-845, 32-846, 32-869, 32-873, 32-874, 32-874a, 32-874b, 32-874c, 32-874d, 32-
8		-	874e, 32-886, 32-887, 32-888, 32-906, 32-918, 32-930, 32-932, 32-938, 32-960a, 32-
9		-	966, 32-976, 32-996, 32-997, 32-998, 32-999, 32-9,100, 32-1001, 32-1004, 32-1005,
10		-	32-1031, 32-1032, 32-1040, 32-1041, 32-1049, 32-1049a, 32-1050, 32-1051, 32-
11		-	1052, 32-1053, 32-1054, 32-1062, 32-1063, 32-1064, 32-1066, 32-1074, 32-1075,
12		-	32-1077, 32-1102, 32-1112, 32-1129, 32-1174, 32-1203, 32-1306, 32-1308, 32-1310,
13		-	32-1401, 32-1402, 32-1403, 32-1410, 32-1411, 32-1412, 32-1413, 32-1420, 32-1421,
14		-	32-1422, 32-1432, 32-1433, 32-1438, 47-2101, 65-189e, 65-3424b, 65-5703, 68-406,
15		-	74-134, 74-5,133, 74-2622, 74-3322, 74-4722, 74-4911f, 74-5005, 74-6614, 74-7901,
16		-	74-9201, 75-1253, 75-2720, 75-2935, 75-3339, 75-37,121, 75-3907, 75-3908, 75-
17		-	3910, 76-463, 77-415, 79-201a, 79-3221e, 79-3221h, 79-32,203, 79-5212, 82a-209,
18		-	82a-220, 82a-326, 82a-903, 82a-1501, 82a-2001 and 82a-2204 and K.S.A. 2022
19		-	Supp. 19-2803b, 19-2803d, 19-2817, 19-2822, 19-2835, 19-2836, 19-2839, 19-2844,
20		-	19-2844a, 19-2855, 19-2868, 19-2873, 19-2894, 19-3543, 20-302b, 21-5810, 21-
21		-	6308a, 21-6416, 22-2512, 32-701, 41-719, 49-408, 58-3221, 58-3225, 74-5602, 77-
22		-	421 and 79-3234 and repealing the existing sections; also repealing K.S.A. 32-810,
23		-	32-811, 32-812, 32-813, 32-814, 32-815, 32-816 and 32-818.
	3	+	By Committee on Agriculture and Natural Resources
	4	+	2-7
	5	+	AN ACT concerning the division of tourism; relating to the transfer of
	6	+	powers, duties and functions from the department of wildlife and parks
	7	+	to the department of commerce; making changes in references and
	8	+	transfers to state officers with respect thereto; amending K.S.A. 2-
	9	+	1314d, 2-2473, 8-134, 32-801, 32-802, 32-805, 32-806, 32-807, 32-
	10	+	809, 32-832, 32-833, 32-834, 32-835, 32-836, 32-837, 32-839, 32-840,
	11	+	32-844, 32-845, 32-846, 32-869, 32-873, 32-874, 32-874a, 32-874b,
	12	+	32-874c, 32-874d, 32-874e, 32-886, 32-887, 32-888, 32-906, 32-918,
	13	+	32-930, 32-932, 32-938, 32-960a, 32-966, 32-976, 32-996, 32-997, 32-
	14	+	998, 32-999, 32-9,100, 32-1001, 32-1004, 32-1005, 32-1031, 32-1032,
	15	+	32-1040, 32-1041, 32-1049, 32-1049a, 32-1050, 32-1051, 32-1052, 32-
	16	+	1053, 32-1054, 32-1062, 32-1063, 32-1064, 32-1066, 32-1074, 32-
	17	+	1075, 32-1077, 32-1102, 32-1112, 32-1129, 32-1174, 32-1203, 32-
	18	+	1306, 32-1308, 32-1310, 32-1401, 32-1402, 32-1403, 32-1410, 32-
	19	+	1411, 32-1412, 32-1413, 32-1420, 32-1421, 32-1422, 32-1432, 32-
	20	+	1433, 32-1438, 47-2101, 65-189e, 65-3424b, 65-5703, 68-406, 74-134,
	21	+	74-5,133, 74-2622, 74-3322, 74-4722, 74-4911f, 74-5005, 74-6614, 74-
	22	+	7901, 74-9201, 75-1253, 75-2720, 75-2935, 75-3339, 75-37,121, 75-
	23	+	3907, 75-3908, 75-3910, 76-463, 77-415, 79-201a, 79-3221e, 79-
	24	+	3221h, 79-32,203, 79-5212, 82a-209, 82a-220, 82a-326, 82a-903, 82a-
	25	+	1501, 82a-2001 and 82a-2204 and K.S.A. 2022 Supp. 19-2803b, 19-
	26	+	2803d, 19-2817, 19-2822, 19-2835, 19-2836, 19-2839, 19-2844, 19-
	27	+	2844a, 19-2855, 19-2868, 19-2873, 19-2894, 19-3543, 20-302b, 21-
	28	+	5810, 21-6308a, 21-6416, 22-2512, 32-701, 41-719, 49-408, 58-3221,
	29	+	58-3225, 74-5602, 77-421 and 79-3234 and repealing the existing
	30	+	sections; also repealing K.S.A. 32-810, 32-811, 32-812, 32-813, 32-
	31	+	814, 32-815, 32-816 and 32-818.
24	32		Be it enacted by the Legislature of the State of Kansas:
25		-	Section 1. K.S.A. 2-1314d is hereby amended to read as follows:
26		-	2-1314d. (a) There is hereby created the state noxious weed advisory
27		-	committee, referred to in this act as the state advisory committee. The
28		-	state advisory committee shall consist of 13 voting members and the
29		-	secretary as a non-voting ex officio member. The state advisory
30		-	committee membership shall reflect the different geographic areas of
31		-	the state equally to the greatest extent possible. Members of the state
32		-	advisory committee shall receive no compensation for serving on the
33		-	state advisory committee, but shall be paid subsistence allowances,
34		-	mileage and other expenses as provided in K.S.A. 75-3223, and
35		-	amendments thereto, from moneys appropriated therefor to the Kansas
36		-	department of agriculture. The 13 voting members shall be appointed
37		-	by the secretary as follows:
38		-	(1) One member shall be a natural resource management
39		-	professional from the Kansas department of wildlife, and parks and
40		-	tourism;
	33	+	Section 1. K.S.A. 2-1314d is hereby amended to read as follows: 2-
	34	+	1314d. (a) There is hereby created the state noxious weed advisory
	35	+	committee, referred to in this act as the state advisory committee. The state
	36	+	advisory committee shall consist of 13 voting members and the secretary
	37	+	as a non-voting ex officio member. The state advisory committee
	38	+	membership shall reflect the different geographic areas of the state equally
	39	+	to the greatest extent possible. Members of the state advisory committee
	40	+	1
	41	+	2
	42	+	3
	43	+	4
	44	+	5
	45	+	6
	46	+	7
	47	+	8
	48	+	9
	49	+	10
	50	+	11
	51	+	12
	52	+	13
	53	+	14
	54	+	15
	55	+	16
	56	+	17
	57	+	18
	58	+	19
	59	+	20
	60	+	21
	61	+	22
	62	+	23
	63	+	24
	64	+	25
	65	+	26
	66	+	27
	67	+	28
	68	+	29
	69	+	30
	70	+	31
	71	+	32
	72	+	33
	73	+	34
	74	+	35
	75	+	36 HB 2332 2
	76	+	shall receive no compensation for serving on the state advisory committee,
	77	+	but shall be paid subsistence allowances, mileage and other expenses as
	78	+	provided in K.S.A. 75-3223, and amendments thereto, from moneys
	79	+	appropriated therefor to the Kansas department of agriculture. The 13
	80	+	voting members shall be appointed by the secretary as follows:
	81	+	(1) One member shall be a natural resource management professional
	82	+	from the Kansas department of wildlife, and parks and tourism;
41	83		(2) two members shall be weed specialists from Kansas state
42	84		university college of agriculture or Kansas state research and extension,
43	85		with one such member having knowledge of non-chemical methods of
44		-	weed control, and shall be appointed upon the recommendation of the
45		-	~~dean~~ of the college of agriculture and the director of Kansas state
46		-	~~research and~~ extension;
	86	+	weed control, and shall be appointed upon the recommendation of the dean
	87	+	of the college of agriculture and the director of Kansas state research and
	88	+	extension;
47	89		(3) one member shall be a county commissioner and shall be
48		-	appointed upon the recommendation of the Kansas association of
49		-	counties;
50		-	(4) four members shall be private landowners involved in
51		-	agricultural production, one of whom shall be a Kansas producer who
52		-	grows traditional Kansas crops, which, for the purposes of this
53		-	paragraph, means wheat, corn, soybeans, milo, peanuts, cotton, hay or
54		-	oats, one of whom shall be a Kansas producer who grows non-
55		-	traditional Kansas crops, and one of whom shall be a certified organic
56		-	producer;
	90	+	appointed upon the recommendation of the Kansas association of counties;
	91	+	(4) four members shall be private landowners involved in agricultural
	92	+	production, one of whom shall be a Kansas producer who grows
	93	+	traditional Kansas crops, which, for the purposes of this paragraph, means
	94	+	wheat, corn, soybeans, milo, peanuts, cotton, hay or oats, one of whom
	95	+	shall be a Kansas producer who grows non-traditional Kansas crops, and
	96	+	one of whom shall be a certified organic producer;
57	97		(5) two members shall be weed supervisors and shall be appointed
58	98		upon the recommendation of the board of directors of the county weed
59	99		director's association of Kansas;
60		-	(6) one member shall represent the agricultural industries in the
61		-	~~state~~ and shall be appointed upon the recommendation of the board of
62		-	~~directors~~ of the Kansas agribusiness retailers association;
63		-	(7) one member shall be appointed upon the recommendation of
64		-	~~the~~ Kansas biological survey; and ~~HOUSE BILL No. 2332—page 2~~
65		-	(8) one member shall be appointed upon the recommendation of
66		-	~~the~~ board of directors of the Kansas cooperative council.
67		-	(b) (1) Except as provided in this section, the term of office of
68		-	~~each~~ member of the committee shall be four years. The initial
69		-	~~appointments to~~ the committee shall be as follows:
	100	+	(6) one member shall represent the agricultural industries in the state
	101	+	and shall be appointed upon the recommendation of the board of directors
	102	+	of the Kansas agribusiness retailers association;
	103	+	(7) one member shall be appointed upon the recommendation of the
	104	+	Kansas biological survey; and
	105	+	(8) one member shall be appointed upon the recommendation of the
	106	+	board of directors of the Kansas cooperative council.
	107	+	(b) (1) Except as provided in this section, the term of office of each
	108	+	member of the committee shall be four years. The initial appointments to
	109	+	the committee shall be as follows:
70	110		(A) Six members shall be appointed for a term of two years;
71	111		(B) four members shall be appointed for a term of three years; and
72	112		(C) three members shall be appointed for a term of four years.
73	113		(2) The secretary shall designate the initial term of office for each
74	114		member appointed to the first committee.
75		-	(3) Each member shall be limited to serving a total of two full
76		-	~~terms~~ and shall hold office until the expiration of the term for which
77		-	~~such~~ member is appointed or until a successor has been duly appointed.
	115	+	(3) Each member shall be limited to serving a total of two full terms
	116	+	and shall hold office until the expiration of the term for which such
	117	+	member is appointed or until a successor has been duly appointed.
78	118		(4) In the event of a vacancy on the state advisory committee, the
	119	+	1
	120	+	2
	121	+	3
	122	+	4
	123	+	5
	124	+	6
	125	+	7
	126	+	8
	127	+	9
	128	+	10
	129	+	11
	130	+	12
	131	+	13
	132	+	14
	133	+	15
	134	+	16
	135	+	17
	136	+	18
	137	+	19
	138	+	20
	139	+	21
	140	+	22
	141	+	23
	142	+	24
	143	+	25
	144	+	26
	145	+	27
	146	+	28
	147	+	29
	148	+	30
	149	+	31
	150	+	32
	151	+	33
	152	+	34
	153	+	35
	154	+	36
	155	+	37
	156	+	38
	157	+	39
	158	+	40
	159	+	41
	160	+	42
	161	+	43 HB 2332 3
79	162		recommending body of the vacating member shall make a
80	163		recommendation to the secretary as prescribed in this section. The
81		-	secretary shall, as soon as is reasonably possible, appoint a member to
82		-	~~fill~~ such vacancy for the remainder of the unexpired term.
	164	+	secretary shall, as soon as is reasonably possible, appoint a member to fill
	165	+	such vacancy for the remainder of the unexpired term.
83	166		(5) The secretary may remove any member of the state advisory
84	167		committee for misconduct, incompetence or neglect of duty.
85		-	(c) (1) A quorum of the state advisory committee shall be a
86		-	majority of the members duly appointed to the state advisory
87		-	committee.
88		-	(2) A quorum of the state advisory committee shall elect or
89		-	appoint annually a chairperson and a vice-chairperson.
90		-	(d) The state advisory committee shall meet at least once per year,
91		-	but not more than four times per year.
92		-	(e) The state advisory committee shall, among other duties
93		-	assigned by the secretary:
	168	+	(c) (1) A quorum of the state advisory committee shall be a majority
	169	+	of the members duly appointed to the state advisory committee.
	170	+	(2) A quorum of the state advisory committee shall elect or appoint
	171	+	annually a chairperson and a vice-chairperson.
	172	+	(d) The state advisory committee shall meet at least once per year, but
	173	+	not more than four times per year.
	174	+	(e) The state advisory committee shall, among other duties assigned
	175	+	by the secretary:
94	176		(1) Review the state weed management plan every five years and
95	177		recommend changes and updates to the secretary;
96		-	(2) recommend the designation and classification of noxious
97		-	weeds in the state through the use of a risk assessment designated by
98		-	the secretary;
99		-	(3) review the noxious weed act and the rules and regulations of
100		-	the secretary declaring species of plants to be noxious weeds at least
101		-	every four years and recommend changes to the secretary;
	178	+	(2) recommend the designation and classification of noxious weeds in
	179	+	the state through the use of a risk assessment designated by the secretary;
	180	+	(3) review the noxious weed act and the rules and regulations of the
	181	+	secretary declaring species of plants to be noxious weeds at least every
	182	+	four years and recommend changes to the secretary;
102	183		(4) review the official methods for the control and eradication for
103		-	each species of plant declared a noxious weed and recommend changes
104		-	to the secretary that include both chemical and non-chemical options
105		-	~~for such~~ control and eradication; and
	184	+	each species of plant declared a noxious weed and recommend changes to
	185	+	the secretary that include both chemical and non-chemical options for such
	186	+	control and eradication; and
106	187		(5) before January 1 of each odd-numbered year, report to the
107	188		secretary on:
108		-	(A) The expenditure of state funds on noxious weed control and
109		-	how such funds were spent;
110		-	(B) the status of the state and county noxious weed control
111		-	programs;
	189	+	(A) The expenditure of state funds on noxious weed control and how
	190	+	such funds were spent;
	191	+	(B) the status of the state and county noxious weed control programs;
112	192		(C) recommendations for the continued best use of state funds for
113	193		noxious weed control; and
114	194		(D) recommendations on long-term noxious weed control needs.
115		-	(f) The state advisory committee shall only make
116		-	~~recommendations~~ approved by a majority vote of the members.
117		-	Sec. 2. K.S.A. 2-2473 is hereby amended to read as follows: 2-
118		-	~~2473.~~ (a) (1) The pesticide management areas shall be developed by
119		-	~~examination~~ of the following factors:
	195	+	(f) The state advisory committee shall only make recommendations
	196	+	approved by a majority vote of the members.
	197	+	Sec. 2. K.S.A. 2-2473 is hereby amended to read as follows: 2-2473.
	198	+	(a) (1) The pesticide management areas shall be developed by examination
	199	+	of the following factors:
120	200		(1)(A) Precipitation;
121	201		(2)(B) topography;
122	202		(3)(C) soil type;
123		-	(4)(D) depth to the watertable; and ~~HOUSE BILL No. 2332—page 3~~
	203	+	(4)(D) depth to the watertable; and
124	204		(5)(E) other factors as the secretary deems relevant.
125		-	(2) The areas shall be designated as permitted, modified or
126		-	prohibited for the use of certain types of pesticides as determined by
127		-	the pesticide management plan for the management area. The order of
128		-	the secretary designating such pesticide management area shall define
129		-	specifically the boundaries of the pesticide management area and shall
130		-	indicate specifically the pesticide management plan for the area.
131		-	Pesticide management plans may include provisions for the handling or
132		-	release of pesticides, including, but not limited to, the application,
133		-	mixing, loading, storage, disposal or transportation and guidelines for
134		-	the best management practices.
	205	+	1
	206	+	2
	207	+	3
	208	+	4
	209	+	5
	210	+	6
	211	+	7
	212	+	8
	213	+	9
	214	+	10
	215	+	11
	216	+	12
	217	+	13
	218	+	14
	219	+	15
	220	+	16
	221	+	17
	222	+	18
	223	+	19
	224	+	20
	225	+	21
	226	+	22
	227	+	23
	228	+	24
	229	+	25
	230	+	26
	231	+	27
	232	+	28
	233	+	29
	234	+	30
	235	+	31
	236	+	32
	237	+	33
	238	+	34
	239	+	35
	240	+	36
	241	+	37
	242	+	38
	243	+	39
	244	+	40
	245	+	41
	246	+	42
	247	+	43 HB 2332 4
	248	+	(2) The areas shall be designated as permitted, modified or prohibited
	249	+	for the use of certain types of pesticides as determined by the pesticide
	250	+	management plan for the management area. The order of the secretary
	251	+	designating such pesticide management area shall define specifically the
	252	+	boundaries of the pesticide management area and shall indicate
	253	+	specifically the pesticide management plan for the area. Pesticide
	254	+	management plans may include provisions for the handling or release of
	255	+	pesticides, including, but not limited to, the application, mixing, loading,
	256	+	storage, disposal or transportation and guidelines for the best management
	257	+	practices.
135	258		(b) (1) When considering whether to establish such pesticide
136	259		management areas, the secretary shall consult with a pesticide
137	260		management area technical advisory committee composed of a
138	261		representative or representatives of each of the following:
139		-	(1)(A) Kansas department of health and environment appointed by
140		-	~~the~~ secretary of health and environment;
	262	+	(1)(A) Kansas department of health and environment appointed by the
	263	+	secretary of health and environment;
141	264		(2)(B) Kansas department of wildlife, and parks and tourism
142	265		appointed by the secretary of wildlife, and parks and tourism;
143		-	(3)(C) Kansas state university appointed by the president of
144		-	~~Kansas~~ state university;
	266	+	(3)(C) Kansas state university appointed by the president of Kansas
	267	+	state university;
145	268		(4)(D) Kansas water authority appointed by the chairperson of the
146	269		Kansas water authority;
147		-	(5)(E) conservation commission appointed by the chairperson of
148		-	the state conservation commission;
149		-	(6)(F) Kansas geological survey appointed by the state geologist;
150		-	and
	270	+	(5)(E) conservation commission appointed by the chairperson of the
	271	+	state conservation commission;
	272	+	(6)(F) Kansas geological survey appointed by the state geologist; and
151	273		(7)(G) other persons the secretary determines to have beneficial
152	274		information to the establishment of such areas as appointed by the
153	275		secretary.
154		-	(2) This technical advisory committee shall assist the secretary in
155		-	the development of the proposed boundaries of the pesticide
156		-	management area and the proposed plan for the pesticide management
157		-	area.
158		-	Sec. 3. K.S.A. 8-134 is hereby amended to read as follows: 8-134.
159		-	(a) Every vehicle registration under this act shall expire December 31
160		-	of each year, except passenger vehicles and vehicles provided for in
161		-	K.S.A. 8-134a, and amendments thereto. The registration of vehicles to
162		-	which K.S.A. 8-134a, and amendments thereto, applies shall expire in
163		-	1982 and thereafter in accordance with the provisions of subsections
164		-	(b) and (c). Registration of vehicles shall be renewed annually upon
165		-	application by the owner and by payment of the fees required by law.
166		-	Except vehicles subject to K.S.A. 8-134a, and amendments thereto, and
167		-	passenger vehicles, the renewal shall take effect on January 1 of each
168		-	year, but the owner of the vehicle shall have until and including the last
169		-	day of February of each year within which to make application for such
170		-	renewal. The division shall issue for such vehicles a February month
171		-	decal to correspond with the statutory grace period. Criminal sanctions
172		-	provided in K.S.A. 8-142, and amendments thereto, for failure to
173		-	display any license plate or plates or any registration decal required to
174		-	be affixed to any such license plate for the current registration year
175		-	shall not be enforced until March 1 of each year. An owner who has
176		-	made proper application for renewal of registration of a vehicle prior to
177		-	January 1, but who has not received the license plate or registration
178		-	card for the ensuing year, shall be entitled to operate or permit the
179		-	operation of such vehicle upon the highways upon displaying thereon
180		-	the license plate issued for the preceding year for such time as the
181		-	director of vehicles finds necessary for issuance of such new license
182		-	plate. HOUSE BILL No. 2332—page 4
	276	+	(2) This technical advisory committee shall assist the secretary in the
	277	+	development of the proposed boundaries of the pesticide management area
	278	+	and the proposed plan for the pesticide management area.
	279	+	Sec. 3. K.S.A. 8-134 is hereby amended to read as follows: 8-134. (a)
	280	+	Every vehicle registration under this act shall expire December 31 of each
	281	+	year, except passenger vehicles and vehicles provided for in K.S.A. 8-
	282	+	134a, and amendments thereto. The registration of vehicles to which
	283	+	K.S.A. 8-134a, and amendments thereto, applies shall expire in 1982 and
	284	+	thereafter in accordance with the provisions of subsections (b) and (c).
	285	+	Registration of vehicles shall be renewed annually upon application by the
	286	+	owner and by payment of the fees required by law. Except vehicles subject
	287	+	to K.S.A. 8-134a, and amendments thereto, and passenger vehicles, the
	288	+	renewal shall take effect on January 1 of each year, but the owner of the
	289	+	vehicle shall have until and including the last day of February of each year
	290	+	within which to make application for such renewal. The division shall
	291	+	1
	292	+	2
	293	+	3
	294	+	4
	295	+	5
	296	+	6
	297	+	7
	298	+	8
	299	+	9
	300	+	10
	301	+	11
	302	+	12
	303	+	13
	304	+	14
	305	+	15
	306	+	16
	307	+	17
	308	+	18
	309	+	19
	310	+	20
	311	+	21
	312	+	22
	313	+	23
	314	+	24
	315	+	25
	316	+	26
	317	+	27
	318	+	28
	319	+	29
	320	+	30
	321	+	31
	322	+	32
	323	+	33
	324	+	34
	325	+	35
	326	+	36
	327	+	37
	328	+	38
	329	+	39
	330	+	40
	331	+	41
	332	+	42
	333	+	43 HB 2332 5
	334	+	issue for such vehicles a February month decal to correspond with the
	335	+	statutory grace period. Criminal sanctions provided in K.S.A. 8-142, and
	336	+	amendments thereto, for failure to display any license plate or plates or
	337	+	any registration decal required to be affixed to any such license plate for
	338	+	the current registration year shall not be enforced until March 1 of each
	339	+	year. An owner who has made proper application for renewal of
	340	+	registration of a vehicle prior to January 1, but who has not received the
	341	+	license plate or registration card for the ensuing year, shall be entitled to
	342	+	operate or permit the operation of such vehicle upon the highways upon
	343	+	displaying thereon the license plate issued for the preceding year for such
	344	+	time as the director of vehicles finds necessary for issuance of such new
	345	+	license plate.
183	346		(b) Every passenger vehicle required by this act to be registered,
184	347		except as otherwise provided, shall be registered for a period of 12
185		-	consecutive months. The division of vehicles, in order to initiate a
186		-	system of registering or reregistering passenger vehicles during any
187		-	month of a calendar year, may register or reregister a passenger vehicle
188		-	for less than a twelve-month 12-month period, prorating the annual
189		-	registration fee, when in the director's opinion such proration tends to
190		-	fulfill the purpose of the monthly registration system.
191		-	(c) Passenger vehicle registration, and the authority to legally
192		-	operate, use, or tow such vehicle on the highway shall expire at 12
193		-	midnight on the last day of the last month of the twelve-month 12-
194		-	month period for which such vehicle was registered, and the owner
195		-	shall see that such vehicle is reregistered as required by this act. The
196		-	director of vehicles shall designate the registration period for each
197		-	passenger vehicle in order to as nearly as feasible equalize registration
198		-	or reregistration within the 12 months of the year. Any vehicle after
199		-	having once been registered shall upon reregistration, be registered for
200		-	the same twelve-month period except when the certificate of title has
201		-	been transferred as provided by law. In this case, the vehicle shall be
202		-	registered by the division of vehicles in accordance with the system
203		-	adopted.
	348	+	consecutive months. The division of vehicles, in order to initiate a system
	349	+	of registering or reregistering passenger vehicles during any month of a
	350	+	calendar year, may register or reregister a passenger vehicle for less than a
	351	+	twelve-month 12-month period, prorating the annual registration fee, when
	352	+	in the director's opinion such proration tends to fulfill the purpose of the
	353	+	monthly registration system.
	354	+	(c) Passenger vehicle registration, and the authority to legally operate,
	355	+	use, or tow such vehicle on the highway shall expire at 12 midnight on the
	356	+	last day of the last month of the twelve-month 12-month period for which
	357	+	such vehicle was registered, and the owner shall see that such vehicle is
	358	+	reregistered as required by this act. The director of vehicles shall designate
	359	+	the registration period for each passenger vehicle in order to as nearly as
	360	+	feasible equalize registration or reregistration within the 12 months of the
	361	+	year. Any vehicle after having once been registered shall upon
	362	+	reregistration, be registered for the same twelve-month period except when
	363	+	the certificate of title has been transferred as provided by law. In this case,
	364	+	the vehicle shall be registered by the division of vehicles in accordance
	365	+	with the system adopted.
204	366		(d) For the purpose of this act, hearses and electrically propelled
205	367		vehicles shall be classified as passenger vehicles.
206		-	(e) Every owner who registers or reregisters a vehicle in a
207		-	calendar year, and in any calendar year in which a license plate is not
208		-	issued for the renewal of registration of such vehicle, shall be furnished
209		-	by the division one decal for the license plate issued for such vehicle
210		-	and required by K.S.A. 8-133, and amendments thereto, to be affixed to
211		-	the rear of such vehicle. Such decal shall be affixed to the number plate
212		-	affixed to the rear of such vehicle and shall contain the letters
213		-	designating the county in which such vehicle is registered, as provided
214		-	in K.S.A. 8-147, and amendments thereto, shall indicate the license
215		-	plate number for which the decal is to be affixed and shall indicate the
216		-	year in which such registration expires. The color of a decal shall be
217		-	such that it contrasts with the color of the license plate to which it is to
218		-	be affixed, and the director of vehicles shall change the color of such
219		-	decals each year, without duplicating the same color in any five-year
220		-	period or such extended period as the director designates under K.S.A.
221		-	8-132(b), and amendments thereto. Such decals shall be so constructed
222		-	that once a decal has been affixed to a license plate it cannot be
223		-	removed without destroying the decal, and the surface of such decals
224		-	shall be capable of reflecting light. Consistent with the foregoing, the
225		-	director of vehicles shall prescribe the size of and material to be used in
226		-	the production of such decals, and the director of vehicles shall
227		-	designate the location on a number plate where such decal shall be
228		-	affixed.
229		-	(f) (1) The owner of a vehicle may, at the time of such registration
230		-	or reregistration, purchase a park and recreation motor vehicle permit.
231		-	Such permit shall cost $15 until such time as the amount for such
232		-	permit is changed by rules and regulations of the secretary of wildlife,
233		-	and parks and tourism.
234		-	(2) Such permit shall be nontransferable and shall expire on the
235		-	date of expiration of the vehicle registration.
236		-	(3) Except as provided in subsection (f)(4), the county treasurer
237		-	shall remit all such moneys paid to the county treasurer to the state
238		-	treasurer in accordance with the provisions of K.S.A. 75-4215, and
239		-	amendments thereto. Upon receipt of each such remittance, the state
240		-	treasurer shall deposit the entire amount in the state treasury and shall
241		-	be credited as provided in K.S.A. 32-991, and amendments thereto. HOUSE BILL No. 2332—page 5
242		-	(4) The county treasurer may collect and retain a service charge
243		-	fee of up to $.50 for each park and recreation motor vehicle permit
244		-	issued or sold by the county treasurer.
245		-	(5) As a condition of receiving the park and recreation motor
246		-	vehicle permit, the applicant shall consent to the sharing of
247		-	information, including, but not limited to, the applicant's name, address,
248		-	email address and phone number, with the secretary of wildlife, and
249		-	parks and tourism by the division of motor vehicles.
	368	+	(e) Every owner who registers or reregisters a vehicle in a calendar
	369	+	year, and in any calendar year in which a license plate is not issued for the
	370	+	renewal of registration of such vehicle, shall be furnished by the division
	371	+	one decal for the license plate issued for such vehicle and required by
	372	+	K.S.A. 8-133, and amendments thereto, to be affixed to the rear of such
	373	+	vehicle. Such decal shall be affixed to the number plate affixed to the rear
	374	+	of such vehicle and shall contain the letters designating the county in
	375	+	which such vehicle is registered, as provided in K.S.A. 8-147, and
	376	+	amendments thereto, shall indicate the license plate number for which the
	377	+	1
	378	+	2
	379	+	3
	380	+	4
	381	+	5
	382	+	6
	383	+	7
	384	+	8
	385	+	9
	386	+	10
	387	+	11
	388	+	12
	389	+	13
	390	+	14
	391	+	15
	392	+	16
	393	+	17
	394	+	18
	395	+	19
	396	+	20
	397	+	21
	398	+	22
	399	+	23
	400	+	24
	401	+	25
	402	+	26
	403	+	27
	404	+	28
	405	+	29
	406	+	30
	407	+	31
	408	+	32
	409	+	33
	410	+	34
	411	+	35
	412	+	36
	413	+	37
	414	+	38
	415	+	39
	416	+	40
	417	+	41
	418	+	42
	419	+	43 HB 2332 6
	420	+	decal is to be affixed and shall indicate the year in which such registration
	421	+	expires. The color of a decal shall be such that it contrasts with the color of
	422	+	the license plate to which it is to be affixed, and the director of vehicles
	423	+	shall change the color of such decals each year, without duplicating the
	424	+	same color in any five-year period or such extended period as the director
	425	+	designates under K.S.A. 8-132(b), and amendments thereto. Such decals
	426	+	shall be so constructed that once a decal has been affixed to a license plate
	427	+	it cannot be removed without destroying the decal, and the surface of such
	428	+	decals shall be capable of reflecting light. Consistent with the foregoing,
	429	+	the director of vehicles shall prescribe the size of and material to be used
	430	+	in the production of such decals, and the director of vehicles shall
	431	+	designate the location on a number plate where such decal shall be affixed.
	432	+	(f) (1) The owner of a vehicle may, at the time of such registration or
	433	+	reregistration, purchase a park and recreation motor vehicle permit. Such
	434	+	permit shall cost $15 until such time as the amount for such permit is
	435	+	changed by rules and regulations of the secretary of wildlife, and parks
	436	+	and tourism.
	437	+	(2) Such permit shall be nontransferable and shall expire on the date
	438	+	of expiration of the vehicle registration.
	439	+	(3) Except as provided in subsection (f)(4), the county treasurer shall
	440	+	remit all such moneys paid to the county treasurer to the state treasurer in
	441	+	accordance with the provisions of K.S.A. 75-4215, and amendments
	442	+	thereto. Upon receipt of each such remittance, the state treasurer shall
	443	+	deposit the entire amount in the state treasury and shall be credited as
	444	+	provided in K.S.A. 32-991, and amendments thereto.
	445	+	(4) The county treasurer may collect and retain a service charge fee of
	446	+	up to $.50 for each park and recreation motor vehicle permit issued or sold
	447	+	by the county treasurer.
	448	+	(5) As a condition of receiving the park and recreation motor vehicle
	449	+	permit, the applicant shall consent to the sharing of information, including,
	450	+	but not limited to, the applicant's name, address, email address and phone
	451	+	number, with the secretary of wildlife, and parks and tourism by the
	452	+	division of motor vehicles.
250	453		(g) The secretary of revenue shall adopt rules and regulations
251	454		necessary to accomplish the purpose of this act.
252	455		Sec. 4. K.S.A. 2022 Supp. 19-2803b is hereby amended to read as
253		-	follows: 19-2803b. The board of commissioners of any county which
254		-	~~that~~ has previously acquired real estate under K.S.A. 19-2801, and
	456	+	follows: 19-2803b. The board of commissioners of any county which that
	457	+	has previously acquired real estate under K.S.A. 19-2801, and
255	458		amendments thereto, or its predecessors, and which has not constructed
256		-	and completed a lake or park facility thereon, is hereby authorized,
257		-	without an election, to convey the fee simple title to such real estate to
258		-	the Kansas department of wildlife, and parks and tourism by a proper
259		-	deed of conveyance.
	459	+	and completed a lake or park facility thereon, is hereby authorized, without
	460	+	an election, to convey the fee simple title to such real estate to the Kansas
	461	+	department of wildlife, and parks and tourism by a proper deed of
	462	+	conveyance.
	463	+	1
	464	+	2
	465	+	3
	466	+	4
	467	+	5
	468	+	6
	469	+	7
	470	+	8
	471	+	9
	472	+	10
	473	+	11
	474	+	12
	475	+	13
	476	+	14
	477	+	15
	478	+	16
	479	+	17
	480	+	18
	481	+	19
	482	+	20
	483	+	21
	484	+	22
	485	+	23
	486	+	24
	487	+	25
	488	+	26
	489	+	27
	490	+	28
	491	+	29
	492	+	30
	493	+	31
	494	+	32
	495	+	33
	496	+	34
	497	+	35
	498	+	36
	499	+	37
	500	+	38
	501	+	39
	502	+	40
	503	+	41
	504	+	42
	505	+	43 HB 2332 7
260	506		Sec. 5. K.S.A. 2022 Supp. 19-2803d is hereby amended to read as
261	507		follows: 19-2803d. The board of county commissioners may receive
262	508		donations and bequests of either money or property for the purpose of
263	509		establishing and maintaining such lake and recreational grounds. The
264		-	board shall make all regulations necessary for the supervision and
265		-	~~conduct~~ of such lake and recreational grounds, subject to the rules and
266		-	~~regulations~~ of the secretary of wildlife, and parks and tourism, and may
267		-	~~employ a~~ supervisor and such other assistants as may be necessary to
268		-	~~properly care~~ for and manage the same.
	510	+	board shall make all regulations necessary for the supervision and conduct
	511	+	of such lake and recreational grounds, subject to the rules and regulations
	512	+	of the secretary of wildlife, and parks and tourism, and may employ a
	513	+	supervisor and such other assistants as may be necessary to properly care
	514	+	for and manage the same.
269	515		Sec. 6. K.S.A. 2022 Supp. 19-2817 is hereby amended to read as
270	516		follows: 19-2817. The board of county commissioners of any county to
271		-	which this act applies and the secretary of wildlife, and parks and
272		-	~~tourism~~ are each authorized and empowered to enter into an agreement
273		-	~~to provide~~ for the building and construction of one or more reservoirs,
274		-	~~lakes, dams or~~ embankments for impounding water on lands in the park
275		-	~~and recreational~~ grounds of any such county and to provide for the use,
276		-	~~control and~~ maintenance of such park and recreational grounds.
277		-	~~Nothing in such~~ agreement shall be construed to prohibit the secretary
278		-	~~of wildlife, and~~ parks and tourism or the Kansas department of wildlife,
279		-	~~and parks and~~ tourism from the right to exercise the same functions,
280		-	~~rights and authority~~ as though the lands for such park and recreational
281		-	~~grounds had been~~ acquired for the department, and the agreement
282		-	~~between any such county~~ and the secretary shall expressly provide that,
283		-	~~notwithstanding the title to~~ such lands shall be vested in such county,
284		-	~~all rights therein or thereon,~~ waters and water rights, and for keeping,
285		-	~~improving and maintaining them~~ for the use and benefit of the
286		-	~~department shall be unimpaired and shall~~ likewise be public park and
287		-	~~recreational grounds for the use and enjoyment~~ of the public.
	517	+	which this act applies and the secretary of wildlife, and parks and tourism
	518	+	are each authorized and empowered to enter into an agreement to provide
	519	+	for the building and construction of one or more reservoirs, lakes, dams or
	520	+	embankments for impounding water on lands in the park and recreational
	521	+	grounds of any such county and to provide for the use, control and
	522	+	maintenance of such park and recreational grounds. Nothing in such
	523	+	agreement shall be construed to prohibit the secretary of wildlife, and
	524	+	parks and tourism or the Kansas department of wildlife, and parks and
	525	+	tourism from the right to exercise the same functions, rights and authority
	526	+	as though the lands for such park and recreational grounds had been
	527	+	acquired for the department, and the agreement between any such county
	528	+	and the secretary shall expressly provide that, notwithstanding the title to
	529	+	such lands shall be vested in such county, all rights therein or thereon,
	530	+	waters and water rights, and for keeping, improving and maintaining them
	531	+	for the use and benefit of the department shall be unimpaired and shall
	532	+	likewise be public park and recreational grounds for the use and enjoyment
	533	+	of the public.
288	534		Sec. 7. K.S.A. 2022 Supp. 19-2822 is hereby amended to read as
289	535		follows: 19-2822. The board of county commissioners of any county to
290		-	which this act applies and the secretary of wildlife, and parks and
291		-	tourism are each authorized and empowered to enter into an agreement
292		-	to provide for the building and construction of one or more reservoirs,
293		-	lakes, dams or embankments for impounding water on lands in the park
294		-	and recreational grounds of any such county and to provide for the use,
295		-	control and maintenance of such park and recreational grounds.
296		-	Nothing in such agreement shall be construed to prohibit the secretary
297		-	of wildlife, and parks and tourism or the Kansas department of wildlife,
298		-	and parks and tourism from the right to exercise the same functions,
299		-	rights and authority as though the lands for such park and recreational
300		-	grounds had been acquired by the department, and the agreement HOUSE BILL No. 2332—page 6
301		-	between any such county and the secretary shall expressly provide that,
302		-	notwithstanding the title to such lands shall be vested in such county,
303		-	all rights therein or thereon, waters and water rights, and for keeping,
304		-	improving and maintaining them for the use and benefit of the
305		-	department shall be unimpaired and shall likewise be public park and
306		-	recreational grounds for the use and enjoyment of the public.
	536	+	which this act applies and the secretary of wildlife, and parks and tourism
	537	+	are each authorized and empowered to enter into an agreement to provide
	538	+	for the building and construction of one or more reservoirs, lakes, dams or
	539	+	embankments for impounding water on lands in the park and recreational
	540	+	grounds of any such county and to provide for the use, control and
	541	+	maintenance of such park and recreational grounds. Nothing in such
	542	+	agreement shall be construed to prohibit the secretary of wildlife, and
	543	+	parks and tourism or the Kansas department of wildlife, and parks and
	544	+	tourism from the right to exercise the same functions, rights and authority
	545	+	as though the lands for such park and recreational grounds had been
	546	+	acquired by the department, and the agreement between any such county
	547	+	and the secretary shall expressly provide that, notwithstanding the title to
	548	+	such lands shall be vested in such county, all rights therein or thereon,
	549	+	1
	550	+	2
	551	+	3
	552	+	4
	553	+	5
	554	+	6
	555	+	7
	556	+	8
	557	+	9
	558	+	10
	559	+	11
	560	+	12
	561	+	13
	562	+	14
	563	+	15
	564	+	16
	565	+	17
	566	+	18
	567	+	19
	568	+	20
	569	+	21
	570	+	22
	571	+	23
	572	+	24
	573	+	25
	574	+	26
	575	+	27
	576	+	28
	577	+	29
	578	+	30
	579	+	31
	580	+	32
	581	+	33
	582	+	34
	583	+	35
	584	+	36
	585	+	37
	586	+	38
	587	+	39
	588	+	40
	589	+	41
	590	+	42
	591	+	43 HB 2332 8
	592	+	waters and water rights, and for keeping, improving and maintaining them
	593	+	for the use and benefit of the department shall be unimpaired and shall
	594	+	likewise be public park and recreational grounds for the use and enjoyment
	595	+	of the public.
307	596		Sec. 8. K.S.A. 2022 Supp. 19-2835 is hereby amended to read as
308		-	follows: 19-2835. The board of county commissioners of any such
309		-	county shall have the right to aid, assist, furnish and pay for a part or
310		-	the whole of any real estate or property or constructing the whole or a
311		-	part of any dam or construction work deemed by them necessary or
312		-	proper in the aiding or assisting the Kansas department of wildlife, and
313		-	parks and tourism in the acquisition of a lake, park and recreational site
314		-	or sites and in the construction of dams, lakes and reservoirs or
315		-	construction work thereon, so as to insure the completion of a lake,
316		-	park or recreational grounds in such county. The control and direction
317		-	of the construction work shall be as determined by the board of county
318		-	commissioners and the department should the department be in whole
319		-	or in part interested in such project as such. The title to such real estate
320		-	or part of such real estate as may be paid for exclusively by such board
321		-	of county commissioners shall be taken in the name of the county or in
322		-	the name of the state of Kansas, as the board of county commissioners
323		-	and the department may agree, but the real estate paid for exclusively
324		-	by the county shall revert to the county should such project ever be
325		-	abandoned as a park or recreational project.
	597	+	follows: 19-2835. The board of county commissioners of any such county
	598	+	shall have the right to aid, assist, furnish and pay for a part or the whole of
	599	+	any real estate or property or constructing the whole or a part of any dam
	600	+	or construction work deemed by them necessary or proper in the aiding or
	601	+	assisting the Kansas department of wildlife, and parks and tourism in the
	602	+	acquisition of a lake, park and recreational site or sites and in the
	603	+	construction of dams, lakes and reservoirs or construction work thereon, so
	604	+	as to insure the completion of a lake, park or recreational grounds in such
	605	+	county. The control and direction of the construction work shall be as
	606	+	determined by the board of county commissioners and the department
	607	+	should the department be in whole or in part interested in such project as
	608	+	such. The title to such real estate or part of such real estate as may be paid
	609	+	for exclusively by such board of county commissioners shall be taken in
	610	+	the name of the county or in the name of the state of Kansas, as the board
	611	+	of county commissioners and the department may agree, but the real estate
	612	+	paid for exclusively by the county shall revert to the county should such
	613	+	project ever be abandoned as a park or recreational project.
326	614		Sec. 9. K.S.A. 2022 Supp. 19-2836 is hereby amended to read as
327	615		follows: 19-2836. (a) Before any board of county commissioners is
328		-	authorized to proceed under this act, there shall be filed with such
329		-	~~board~~ under the certificate of the engineer for the Kansas department of
330		-	~~wildlife,~~ and parks and tourism, or the county engineer of such county,
331		-	~~maps, plans~~ and specifications showing:
	616	+	authorized to proceed under this act, there shall be filed with such board
	617	+	under the certificate of the engineer for the Kansas department of wildlife,
	618	+	and parks and tourism, or the county engineer of such county, maps, plans
	619	+	and specifications showing:
332	620		(1) The description or outline of the land to be in such project;
333		-	(2) the portion of such land, if any, owned by the state of Kansas
334		-	or the department;
	621	+	(2) the portion of such land, if any, owned by the state of Kansas or
	622	+	the department;
335	623		(3) the portion of the land to be purchased by the county, if any;
336	624		(4) the probable acre surface area of water to be impounded,
337	625		estimating such acreage at low-water time; and
338	626		(5) a brief outline of the proposed plan of construction and of
339		-	estimated cost thereof, including the estimated part of the cost, if any,
340		-	~~to be~~ borne by the county, the part of the cost, if any, to be borne by the
341		-	department and the part of the cost, if any, to be borne by any other
342		-	~~state or~~ federal agencies or individuals.
343		-	(b) The cost of such maps, plans, specifications and preliminary
344		-	~~work~~ may be paid for by the county out of its general fund.
	627	+	estimated cost thereof, including the estimated part of the cost, if any, to be
	628	+	borne by the county, the part of the cost, if any, to be borne by the
	629	+	department and the part of the cost, if any, to be borne by any other state or
	630	+	federal agencies or individuals.
	631	+	(b) The cost of such maps, plans, specifications and preliminary work
	632	+	may be paid for by the county out of its general fund.
345	633		Sec. 10. K.S.A. 2022 Supp. 19-2839 is hereby amended to read as
346		-	follows: 19-2839. The construction work may be let by contract or
347		-	done by day labor, as the board of county commissioners and the
348		-	secretary of wildlife, and parks and tourism may agree upon, and such
349		-	board and such secretary are hereby authorized to accept funds from the
350		-	state or any federal agencies or donations or bequests from any
351		-	individuals in the promotion and completion of such work.
	634	+	follows: 19-2839. The construction work may be let by contract or done by
	635	+	1
	636	+	2
	637	+	3
	638	+	4
	639	+	5
	640	+	6
	641	+	7
	642	+	8
	643	+	9
	644	+	10
	645	+	11
	646	+	12
	647	+	13
	648	+	14
	649	+	15
	650	+	16
	651	+	17
	652	+	18
	653	+	19
	654	+	20
	655	+	21
	656	+	22
	657	+	23
	658	+	24
	659	+	25
	660	+	26
	661	+	27
	662	+	28
	663	+	29
	664	+	30
	665	+	31
	666	+	32
	667	+	33
	668	+	34
	669	+	35
	670	+	36
	671	+	37
	672	+	38
	673	+	39
	674	+	40
	675	+	41
	676	+	42
	677	+	43 HB 2332 9
	678	+	day labor, as the board of county commissioners and the secretary of
	679	+	wildlife, and parks and tourism may agree upon, and such board and such
	680	+	secretary are hereby authorized to accept funds from the state or any
	681	+	federal agencies or donations or bequests from any individuals in the
	682	+	promotion and completion of such work.
352	683		Sec. 11. K.S.A. 2022 Supp. 19-2844 is hereby amended to read as
353		-	follows: 19-2844. The boards of county commissioners of any counties
354		-	to which this act applies and the secretary of wildlife, and parks and
355		-	tourism are authorized and empowered to enter into an agreement to
356		-	provide for the building and construction of one or more reservoirs,
357		-	lakes, dams or embankments for impounding water on lands in the park
358		-	and recreational grounds of any such counties and to provide for the
359		-	use, control and maintenance of such park and recreational grounds. HOUSE BILL No. 2332—page 7
360		-	Nothing in such agreement shall be construed to prohibit the secretary
361		-	of wildlife, and parks and tourism or the Kansas department of wildlife,
362		-	and parks and tourism from the right to exercise the same functions,
363		-	rights and authority as though the lands for such park and recreational
364		-	grounds had been acquired for the department, and the agreement
365		-	between any such counties and the secretary shall expressly provide
366		-	that, notwithstanding the title to such lands shall be vested in such
367		-	counties, all rights therein or thereon, waters and water rights, and for
368		-	keeping, improving and maintaining them for the use and benefit of the
369		-	department shall be unimpaired and shall likewise be public park and
370		-	recreational grounds for the use and enjoyment of the public.
371		-	Sec. 12. K.S.A. 2022 Supp. 19-2844a is hereby amended to read
372		-	as follows: 19-2844a. Whenever a lake is being constructed by the
373		-	Kansas department of wildlife, and parks and tourism in any county
374		-	within three miles of the county line of an adjoining county, the board
375		-	of county commissioners of such adjoining county is hereby authorized
376		-	to construct or aid in the construction of roads and bridges around such
377		-	lake in the county in which such lake is situated and access roads
378		-	thereto. The board of county commissioners of such adjoining county
379		-	shall, by resolution, find that the lake is of public benefit to its county
380		-	and fix the amount of money from its road and bridge fund to be
381		-	expended for such purpose. Such board is authorized to enter into such
382		-	agreements as may be necessary with the board of county
383		-	commissioners of the county in which the lake is situated for the
384		-	separate or joint construction and maintenance of such roads and
385		-	bridges. Any roads so constructed shall have access to roads in such
386		-	adjoining county.
	684	+	follows: 19-2844. The boards of county commissioners of any counties to
	685	+	which this act applies and the secretary of wildlife, and parks and tourism
	686	+	are authorized and empowered to enter into an agreement to provide for
	687	+	the building and construction of one or more reservoirs, lakes, dams or
	688	+	embankments for impounding water on lands in the park and recreational
	689	+	grounds of any such counties and to provide for the use, control and
	690	+	maintenance of such park and recreational grounds. Nothing in such
	691	+	agreement shall be construed to prohibit the secretary of wildlife, and
	692	+	parks and tourism or the Kansas department of wildlife, and parks and
	693	+	tourism from the right to exercise the same functions, rights and authority
	694	+	as though the lands for such park and recreational grounds had been
	695	+	acquired for the department, and the agreement between any such counties
	696	+	and the secretary shall expressly provide that, notwithstanding the title to
	697	+	such lands shall be vested in such counties, all rights therein or thereon,
	698	+	waters and water rights, and for keeping, improving and maintaining them
	699	+	for the use and benefit of the department shall be unimpaired and shall
	700	+	likewise be public park and recreational grounds for the use and enjoyment
	701	+	of the public.
	702	+	Sec. 12. K.S.A. 2022 Supp. 19-2844a is hereby amended to read as
	703	+	follows: 19-2844a. Whenever a lake is being constructed by the Kansas
	704	+	department of wildlife, and parks and tourism in any county within three
	705	+	miles of the county line of an adjoining county, the board of county
	706	+	commissioners of such adjoining county is hereby authorized to construct
	707	+	or aid in the construction of roads and bridges around such lake in the
	708	+	county in which such lake is situated and access roads thereto. The board
	709	+	of county commissioners of such adjoining county shall, by resolution,
	710	+	find that the lake is of public benefit to its county and fix the amount of
	711	+	money from its road and bridge fund to be expended for such purpose.
	712	+	Such board is authorized to enter into such agreements as may be
	713	+	necessary with the board of county commissioners of the county in which
	714	+	the lake is situated for the separate or joint construction and maintenance
	715	+	of such roads and bridges. Any roads so constructed shall have access to
	716	+	roads in such adjoining county.
387	717		Sec. 13. K.S.A. 2022 Supp. 19-2855 is hereby amended to read as
388	718		follows: 19-2855. (a) The county board of park commissioners shall be
389	719		vested with all the power, authority and control previously vested in the
390	720		board of county commissioners relating to county parks, parkways and
	721	+	1
	722	+	2
	723	+	3
	724	+	4
	725	+	5
	726	+	6
	727	+	7
	728	+	8
	729	+	9
	730	+	10
	731	+	11
	732	+	12
	733	+	13
	734	+	14
	735	+	15
	736	+	16
	737	+	17
	738	+	18
	739	+	19
	740	+	20
	741	+	21
	742	+	22
	743	+	23
	744	+	24
	745	+	25
	746	+	26
	747	+	27
	748	+	28
	749	+	29
	750	+	30
	751	+	31
	752	+	32
	753	+	33
	754	+	34
	755	+	35
	756	+	36
	757	+	37
	758	+	38
	759	+	39
	760	+	40
	761	+	41
	762	+	42
	763	+	43 HB 2332 10
391	764		recreational areas, county lakes, roads and park drives, including all
392		-	buildings, grounds and other structures located within such county
393		-	parks, parkways and recreational areas. It shall have power to make
394		-	bylaws, rules and regulations for the orderly transaction and
395		-	management of its business. It is further empowered to enter into
396		-	agreements with the secretary of wildlife, and parks and tourism, by
397		-	and with the consent of the board of county commissioners, for the
398		-	building and construction of one or more reservoirs, lakes, dams or
399		-	embankments for impounding water on lands in the park and
400		-	recreational grounds of the county. Nothing in such agreements shall be
401		-	construed to prohibit the secretary and the Kansas department of
402		-	wildlife, and parks and tourism from the right to exercise the same
403		-	functions, rights and authority as though the lands for such park and
404		-	recreational grounds had been acquired by the department, and any
405		-	agreement between any such county board of park commissioners and
406		-	the secretary shall expressly provide that, notwithstanding the title to
407		-	such lands shall be vested in such county, all rights therein or thereon,
408		-	waters and water rights, and for keeping, improving and maintaining
409		-	them for the use and benefit of the department shall be unimpaired and
410		-	shall likewise be public park and recreational grounds for the use and
411		-	enjoyment of the public. All bonds required or authorized by law to be
412		-	issued relating to parks, parkways and recreational areas, and all taxes
413		-	levied for the maintenance or improvement thereof, shall be issued and
414		-	levied by the board of county commissioners, and for the purpose of
415		-	creating such county park and recreational fund, hereinafter referred to,
416		-	and for the purpose of enlarging existing park areas or acquiring
417		-	additional park and recreational grounds or sites and for the making of
418		-	permanent improvements to and for maintaining such park, recreational HOUSE BILL No. 2332—page 8
419		-	grounds or sites now owned or hereafter acquired by such county and
420		-	to pay a portion of the principal and interest on bonds issued under the
421		-	authority of K.S.A. 12-1774, and amendments thereto, by cities located
422		-	in the county, the board of county commissioners is hereby authorized
423		-	to levy an annual tax on all taxable tangible property in the county.
424		-	(b) Such new or additional grounds or sites for park and
425		-	recreational purposes may be acquired by the board of county
426		-	commissioners of such county by purchase, donation, long term leases
427		-	or easements or the exercise of the right of eminent domain, as
428		-	provided for in chapter 26 of the Kansas Statutes Annotated, and
429		-	amendments thereto. Following the acquisition of such grounds or
430		-	sites, the county board of park commissioners shall improve, maintain
431		-	and supervise all such park and recreational areas in the manner now
432		-	provided by law. The board of county commissioners of any such
433		-	county, with the consent of the board of park commissioners of any
434		-	such county, may convey title to such portion or portions of the new
435		-	park and recreational areas so acquired under the provisions of this act
436		-	to any federal nonprofit corporation or foundation created under the
437		-	laws of the United States, for the purpose of establishing and
438		-	maintaining any national shrine, park or memorial upon any land in
439		-	such county, which that adjoins, abuts or is adjacent to the new park
440		-	and recreational areas so acquired by any such county under the
441		-	provisions of this act. The board of county commissioners shall have
442		-	the power and duty, upon recommendation of the county board of park
443		-	commissioners, to adopt resolutions from time to time for the
444		-	regulation and orderly government of parks, parkways, recreational
445		-	areas, county lakes, roads, park drives and public grounds, and to
446		-	prescribe fines and penalties for the violation of the provisions of such
447		-	resolutions.
	765	+	buildings, grounds and other structures located within such county parks,
	766	+	parkways and recreational areas. It shall have power to make bylaws, rules
	767	+	and regulations for the orderly transaction and management of its business.
	768	+	It is further empowered to enter into agreements with the secretary of
	769	+	wildlife, and parks and tourism, by and with the consent of the board of
	770	+	county commissioners, for the building and construction of one or more
	771	+	reservoirs, lakes, dams or embankments for impounding water on lands in
	772	+	the park and recreational grounds of the county. Nothing in such
	773	+	agreements shall be construed to prohibit the secretary and the Kansas
	774	+	department of wildlife, and parks and tourism from the right to exercise
	775	+	the same functions, rights and authority as though the lands for such park
	776	+	and recreational grounds had been acquired by the department, and any
	777	+	agreement between any such county board of park commissioners and the
	778	+	secretary shall expressly provide that, notwithstanding the title to such
	779	+	lands shall be vested in such county, all rights therein or thereon, waters
	780	+	and water rights, and for keeping, improving and maintaining them for the
	781	+	use and benefit of the department shall be unimpaired and shall likewise
	782	+	be public park and recreational grounds for the use and enjoyment of the
	783	+	public. All bonds required or authorized by law to be issued relating to
	784	+	parks, parkways and recreational areas, and all taxes levied for the
	785	+	maintenance or improvement thereof, shall be issued and levied by the
	786	+	board of county commissioners, and for the purpose of creating such
	787	+	county park and recreational fund, hereinafter referred to, and for the
	788	+	purpose of enlarging existing park areas or acquiring additional park and
	789	+	recreational grounds or sites and for the making of permanent
	790	+	improvements to and for maintaining such park, recreational grounds or
	791	+	sites now owned or hereafter acquired by such county and to pay a portion
	792	+	of the principal and interest on bonds issued under the authority of K.S.A.
	793	+	12-1774, and amendments thereto, by cities located in the county, the
	794	+	board of county commissioners is hereby authorized to levy an annual tax
	795	+	on all taxable tangible property in the county.
	796	+	(b) Such new or additional grounds or sites for park and recreational
	797	+	purposes may be acquired by the board of county commissioners of such
	798	+	county by purchase, donation, long term leases or easements or the
	799	+	exercise of the right of eminent domain, as provided for in chapter 26 of
	800	+	the Kansas Statutes Annotated, and amendments thereto. Following the
	801	+	acquisition of such grounds or sites, the county board of park
	802	+	commissioners shall improve, maintain and supervise all such park and
	803	+	recreational areas in the manner now provided by law. The board of county
	804	+	commissioners of any such county, with the consent of the board of park
	805	+	commissioners of any such county, may convey title to such portion or
	806	+	portions of the new park and recreational areas so acquired under the
	807	+	1
	808	+	2
	809	+	3
	810	+	4
	811	+	5
	812	+	6
	813	+	7
	814	+	8
	815	+	9
	816	+	10
	817	+	11
	818	+	12
	819	+	13
	820	+	14
	821	+	15
	822	+	16
	823	+	17
	824	+	18
	825	+	19
	826	+	20
	827	+	21
	828	+	22
	829	+	23
	830	+	24
	831	+	25
	832	+	26
	833	+	27
	834	+	28
	835	+	29
	836	+	30
	837	+	31
	838	+	32
	839	+	33
	840	+	34
	841	+	35
	842	+	36
	843	+	37
	844	+	38
	845	+	39
	846	+	40
	847	+	41
	848	+	42
	849	+	43 HB 2332 11
	850	+	provisions of this act to any federal nonprofit corporation or foundation
	851	+	created under the laws of the United States, for the purpose of establishing
	852	+	and maintaining any national shrine, park or memorial upon any land in
	853	+	such county, which that adjoins, abuts or is adjacent to the new park and
	854	+	recreational areas so acquired by any such county under the provisions of
	855	+	this act. The board of county commissioners shall have the power and
	856	+	duty, upon recommendation of the county board of park commissioners, to
	857	+	adopt resolutions from time to time for the regulation and orderly
	858	+	government of parks, parkways, recreational areas, county lakes, roads,
	859	+	park drives and public grounds, and to prescribe fines and penalties for the
	860	+	violation of the provisions of such resolutions.
448	861		Sec. 14. K.S.A. 2022 Supp. 19-2868 is hereby amended to read as
449	862		follows: 19-2868. The board shall have power to:
450		-	(a) Finance, operate, improve and maintain the parks and
451		-	playgrounds of the district as provided in this act;
452		-	(b) accept by gift or devise; purchase, lease and condemn real
453		-	estate for use as parks and playgrounds for the district; sell any
454		-	improvements of any real estate so acquired not usable for park
455		-	purposes or take down such improvements and use or dispose of the
456		-	salvage and use any of the proceeds thereof for park purposes without
457		-	regard to budget limitations; and contract with school boards for joint
458		-	use and improvement of school lands for park and playground
459		-	purposes;
460		-	(c) improve the parks and playgrounds for the recreation,
461		-	amusement and enjoyment of the inhabitants of the district;
	863	+	(a) Finance, operate, improve and maintain the parks and playgrounds
	864	+	of the district as provided in this act;
	865	+	(b) accept by gift or devise; purchase, lease and condemn real estate
	866	+	for use as parks and playgrounds for the district; sell any improvements of
	867	+	any real estate so acquired not usable for park purposes or take down such
	868	+	improvements and use or dispose of the salvage and use any of the
	869	+	proceeds thereof for park purposes without regard to budget limitations;
	870	+	and contract with school boards for joint use and improvement of school
	871	+	lands for park and playground purposes;
	872	+	(c) improve the parks and playgrounds for the recreation, amusement
	873	+	and enjoyment of the inhabitants of the district;
462	874		(d) levy taxes for the acquisition of lands and improvements and
463		-	operation, improvement and maintenance of the parks and playgrounds
464		-	as authorized and limited by this act;
	875	+	operation, improvement and maintenance of the parks and playgrounds as
	876	+	authorized and limited by this act;
465	877		(e) issue bonds of the district for acquiring real estate and the
466		-	improvement thereof for park and playground purposes upon
467		-	~~authorization~~ of the qualified electors of the district by election and
468		-	~~within the~~ limitations provided by this act;
	878	+	improvement thereof for park and playground purposes upon authorization
	879	+	of the qualified electors of the district by election and within the
	880	+	limitations provided by this act;
469	881		(f) appoint park and recreation supervisory personnel and employ
470		-	such other employees, servants, police and agents as may be necessary
471		-	~~for~~ the proper and adequate operation, improvement and maintenance
472		-	~~of the~~ park and recreation district, and may appoint, employ or retain
473		-	~~attorneys,~~ engineers, landscape architects, surveyors and other
474		-	~~professional or~~ technical persons or firms for a period or for specified
475		-	~~projects and pay the~~ necessary compensation therefor;
	882	+	such other employees, servants, police and agents as may be necessary for
	883	+	the proper and adequate operation, improvement and maintenance of the
	884	+	park and recreation district, and may appoint, employ or retain attorneys,
	885	+	engineers, landscape architects, surveyors and other professional or
	886	+	technical persons or firms for a period or for specified projects and pay the
	887	+	necessary compensation therefor;
476	888		(g) adopt, promulgate and enforce reasonable rules and regulations
477		-	for the operation and use of the parks and playgrounds and the conduct HOUSE BILL No. 2332—page 9
478		-	of persons using such parks and playgrounds as provided by this act;
479		-	(h) sell or salvage equipment found to be worn out or beyond
480		-	repair or dangerous to use or to trade it in as part payment on new
481		-	equipment, and the proceeds when respent or the trade-in value shall
482		-	not be charged against the budget but may be in addition to the amount
483		-	authorized for expenditure by the budget;
484		-	(i) sell and convey real estate acquired by purchase,
485		-	condemnation, gift or devise when it appears such property is no longer
486		-	needed for park, playground or recreational purposes, or is poorly
487		-	situated for such purposes, or is poorly suited for such purposes, with
488		-	the proceeds of such sale to be deposited in the land acquisition fund
489		-	authorized by K.S.A. 19-2873b, and amendments thereto. No such sale
490		-	shall be made except upon authorization of the majority of the votes
491		-	cast by the qualified electors of the district at an election called and
492		-	held for such purpose as provided by this act. If the instrument of gift
493		-	or devise vests fee title in the district or authorizes the district to sell the
494		-	real property, such property may be sold by the procedure herein
495		-	provided. The board, when in its judgment deemed advisable and to the
496		-	best interests of the district, by proper conveyances, may exchange any
497		-	tract of land for lands similar in value, or exchange money and land for
498		-	other land suitable for park or recreation purposes, or exchange land for
499		-	land and money totaling the value of the land conveyed, provided that
500		-	the money involved does not exceed 25% of the total value of the land
501		-	involved, without vote of the qualified electors of the park district,
502		-	subject to a public hearing having first been held with respect to such
503		-	proposed exchange of lands, after notice of the time, place and purpose
504		-	thereof, including a legal description of said lands, published once each
505		-	week for two consecutive weeks prior thereto, in the official county
506		-	paper, and subject further to final approval of such proposed exchange
507		-	of lands, by the board of county commissioners of Johnson county,
508		-	Kansas. The board may by proper conveyance exchange, transfer, sell,
509		-	or lease any tract of district land with or without improvements to the
510		-	state of Kansas, a political subdivision thereof, or an agency of the
511		-	United States government, if the board determines that such property
512		-	can properly be maintained and operated as park, playground, or
513		-	recreational facilities by such governmental agency, or that such
514		-	property may be utilized in whole or part in a contract with said
515		-	governmental agencies in, on, or around other property of such
516		-	governmental units, all or any part of which is located within
517		-	boundaries of such district;
	889	+	for the operation and use of the parks and playgrounds and the conduct of
	890	+	persons using such parks and playgrounds as provided by this act;
	891	+	(h) sell or salvage equipment found to be worn out or beyond repair
	892	+	or dangerous to use or to trade it in as part payment on new equipment,
	893	+	1
	894	+	2
	895	+	3
	896	+	4
	897	+	5
	898	+	6
	899	+	7
	900	+	8
	901	+	9
	902	+	10
	903	+	11
	904	+	12
	905	+	13
	906	+	14
	907	+	15
	908	+	16
	909	+	17
	910	+	18
	911	+	19
	912	+	20
	913	+	21
	914	+	22
	915	+	23
	916	+	24
	917	+	25
	918	+	26
	919	+	27
	920	+	28
	921	+	29
	922	+	30
	923	+	31
	924	+	32
	925	+	33
	926	+	34
	927	+	35
	928	+	36
	929	+	37
	930	+	38
	931	+	39
	932	+	40
	933	+	41
	934	+	42
	935	+	43 HB 2332 12
	936	+	and the proceeds when respent or the trade-in value shall not be charged
	937	+	against the budget but may be in addition to the amount authorized for
	938	+	expenditure by the budget;
	939	+	(i) sell and convey real estate acquired by purchase, condemnation,
	940	+	gift or devise when it appears such property is no longer needed for park,
	941	+	playground or recreational purposes, or is poorly situated for such
	942	+	purposes, or is poorly suited for such purposes, with the proceeds of such
	943	+	sale to be deposited in the land acquisition fund authorized by K.S.A. 19-
	944	+	2873b, and amendments thereto. No such sale shall be made except upon
	945	+	authorization of the majority of the votes cast by the qualified electors of
	946	+	the district at an election called and held for such purpose as provided by
	947	+	this act. If the instrument of gift or devise vests fee title in the district or
	948	+	authorizes the district to sell the real property, such property may be sold
	949	+	by the procedure herein provided. The board, when in its judgment
	950	+	deemed advisable and to the best interests of the district, by proper
	951	+	conveyances, may exchange any tract of land for lands similar in value, or
	952	+	exchange money and land for other land suitable for park or recreation
	953	+	purposes, or exchange land for land and money totaling the value of the
	954	+	land conveyed, provided that the money involved does not exceed 25% of
	955	+	the total value of the land involved, without vote of the qualified electors
	956	+	of the park district, subject to a public hearing having first been held with
	957	+	respect to such proposed exchange of lands, after notice of the time, place
	958	+	and purpose thereof, including a legal description of said lands, published
	959	+	once each week for two consecutive weeks prior thereto, in the official
	960	+	county paper, and subject further to final approval of such proposed
	961	+	exchange of lands, by the board of county commissioners of Johnson
	962	+	county, Kansas. The board may by proper conveyance exchange, transfer,
	963	+	sell, or lease any tract of district land with or without improvements to the
	964	+	state of Kansas, a political subdivision thereof, or an agency of the United
	965	+	States government, if the board determines that such property can properly
	966	+	be maintained and operated as park, playground, or recreational facilities
	967	+	by such governmental agency, or that such property may be utilized in
	968	+	whole or part in a contract with said governmental agencies in, on, or
	969	+	around other property of such governmental units, all or any part of which
	970	+	is located within boundaries of such district;
518	971		(j) adopt, change and modify a seal for the district and to use such
519	972		seal in attestations by the secretary and in all other cases where a seal is
520	973		required or advisable;
521		-	(k) cooperate with the Kansas department of wildlife, and parks
522		-	and tourism and with Miami county in the operation, improvement and
523		-	maintenance of Hillsdale state park and to enforce rules and regulations
524		-	for the operation of such park land; and
525		-	(l) do all other things provided by this act, and amendments
526		-	thereto, have all the powers prescribed by this act and carry out and
527		-	exercise the powers of the district as its governing body.
	974	+	(k) cooperate with the Kansas department of wildlife, and parks and
	975	+	tourism and with Miami county in the operation, improvement and
	976	+	maintenance of Hillsdale state park and to enforce rules and regulations for
	977	+	the operation of such park land; and
	978	+	(l) do all other things provided by this act, and amendments thereto,
	979	+	1
	980	+	2
	981	+	3
	982	+	4
	983	+	5
	984	+	6
	985	+	7
	986	+	8
	987	+	9
	988	+	10
	989	+	11
	990	+	12
	991	+	13
	992	+	14
	993	+	15
	994	+	16
	995	+	17
	996	+	18
	997	+	19
	998	+	20
	999	+	21
	1000	+	22
	1001	+	23
	1002	+	24
	1003	+	25
	1004	+	26
	1005	+	27
	1006	+	28
	1007	+	29
	1008	+	30
	1009	+	31
	1010	+	32
	1011	+	33
	1012	+	34
	1013	+	35
	1014	+	36
	1015	+	37
	1016	+	38
	1017	+	39
	1018	+	40
	1019	+	41
	1020	+	42
	1021	+	43 HB 2332 13
	1022	+	have all the powers prescribed by this act and carry out and exercise the
	1023	+	powers of the district as its governing body.
528	1024		Sec. 15. K.S.A. 2022 Supp. 19-2873 is hereby amended to read as
529	1025		follows: 19-2873. (a) The board may by resolution adopt rules and
530	1026		regulations for the operation of the park and recreation district and rules
531	1027		and regulations applying to any particular park or playground and
532		-	prescribe penalties for violation of any rules and regulations relating to
533		-	~~the~~ conduct of persons in the parks and playgrounds or park or
534		-	~~playgrounds.~~ Such penalties shall not exceed imprisonment in the
535		-	~~county jail for not to~~ exceed three months or a fine not to exceed $100
536		-	~~or both. Any rules and~~ regulations for the conduct of persons, applying ~~HOUSE BILL No.~~ ~~2332—page 10~~
537		-	~~to all parks or any park~~ and providing penalties, shall be published once
538		-	~~in the official county~~ paper and copies of the rules and regulations shall
539		-	~~be posted and kept~~ posted in all parks to which they are applicable, and
540		-	~~the violation of any~~ penal rule or regulation when so published and
541		-	~~posted shall constitute a~~ misdemeanor.
	1028	+	prescribe penalties for violation of any rules and regulations relating to the
	1029	+	conduct of persons in the parks and playgrounds or park or playgrounds.
	1030	+	Such penalties shall not exceed imprisonment in the county jail for not to
	1031	+	exceed three months or a fine not to exceed $100 or both. Any rules and
	1032	+	regulations for the conduct of persons, applying to all parks or any park
	1033	+	and providing penalties, shall be published once in the official county
	1034	+	paper and copies of the rules and regulations shall be posted and kept
	1035	+	posted in all parks to which they are applicable, and the violation of any
	1036	+	penal rule or regulation when so published and posted shall constitute a
	1037	+	misdemeanor.
542	1038		(b) No charge shall be made for entrance into any park and no
543		-	admission charge shall be made for use of any of the facilities of any
544		-	park. The board may lease sites for food, soft drinks, boat rentals,
545		-	amusements and other concessions as in its judgment may be deemed
546		-	appropriate and lawful for the comfort, convenience and enjoyment of
547		-	the public, and may limit purchase and use charges to be made by
548		-	concessionaires in operating the same. The board may establish and
549		-	operate food, soft drinks, boat rentals, amusements and other lawful
550		-	and appropriate conveniences as may in its judgment be necessary or
551		-	appeal to the public comfort and enjoyment, all in accordance with
552		-	K.S.A. 19-2873a, and amendments thereto. A reasonable fee may be
553		-	charged for recreational activities and the board may regulate and
554		-	control all fishing and boating within the boundaries of park property,
555		-	including daily and possession limits of fish caught and time limits
556		-	when fishing may be restricted, subject to law and rules and regulations
557		-	of the secretary of wildlife, and parks and tourism with respect to such
558		-	fishing and boating; and may require a park permit for fishing and
559		-	boating for which a reasonable fee may be charged all persons so
560		-	engaged.
561		-	(c) A separate schedule of fees may be established for
562		-	nonresidents. The board may enter into long term leases for such
563		-	authorized concessions, not to exceed 50 years, under the terms of
564		-	which the concessionaires (lessees), shall at their own expense,
565		-	construct and install the facilities and improvements to be occupied and
566		-	used under such lease, upon such terms, conditions and control as the
567		-	park and recreation district may require and subject in all such long
568		-	term leases to unconditional reversion of title to such facilities and
569		-	improvements so constructed by the concessionaire to the district upon
570		-	the expiration of the term of such lease or upon abandonment or
571		-	forfeiture thereof by the concessionaire prior to its expiration.
	1039	+	admission charge shall be made for use of any of the facilities of any park.
	1040	+	The board may lease sites for food, soft drinks, boat rentals, amusements
	1041	+	and other concessions as in its judgment may be deemed appropriate and
	1042	+	lawful for the comfort, convenience and enjoyment of the public, and may
	1043	+	limit purchase and use charges to be made by concessionaires in operating
	1044	+	the same. The board may establish and operate food, soft drinks, boat
	1045	+	rentals, amusements and other lawful and appropriate conveniences as
	1046	+	may in its judgment be necessary or appeal to the public comfort and
	1047	+	enjoyment, all in accordance with K.S.A. 19-2873a, and amendments
	1048	+	thereto. A reasonable fee may be charged for recreational activities and the
	1049	+	board may regulate and control all fishing and boating within the
	1050	+	boundaries of park property, including daily and possession limits of fish
	1051	+	caught and time limits when fishing may be restricted, subject to law and
	1052	+	rules and regulations of the secretary of wildlife, and parks and tourism
	1053	+	with respect to such fishing and boating; and may require a park permit for
	1054	+	fishing and boating for which a reasonable fee may be charged all persons
	1055	+	so engaged.
	1056	+	(c) A separate schedule of fees may be established for nonresidents.
	1057	+	The board may enter into long term leases for such authorized
	1058	+	concessions, not to exceed 50 years, under the terms of which the
	1059	+	concessionaires (lessees), shall at their own expense, construct and install
	1060	+	the facilities and improvements to be occupied and used under such lease,
	1061	+	upon such terms, conditions and control as the park and recreation district
	1062	+	may require and subject in all such long term leases to unconditional
	1063	+	reversion of title to such facilities and improvements so constructed by the
	1064	+	concessionaire to the district upon the expiration of the term of such lease
	1065	+	1
	1066	+	2
	1067	+	3
	1068	+	4
	1069	+	5
	1070	+	6
	1071	+	7
	1072	+	8
	1073	+	9
	1074	+	10
	1075	+	11
	1076	+	12
	1077	+	13
	1078	+	14
	1079	+	15
	1080	+	16
	1081	+	17
	1082	+	18
	1083	+	19
	1084	+	20
	1085	+	21
	1086	+	22
	1087	+	23
	1088	+	24
	1089	+	25
	1090	+	26
	1091	+	27
	1092	+	28
	1093	+	29
	1094	+	30
	1095	+	31
	1096	+	32
	1097	+	33
	1098	+	34
	1099	+	35
	1100	+	36
	1101	+	37
	1102	+	38
	1103	+	39
	1104	+	40
	1105	+	41
	1106	+	42
	1107	+	43 HB 2332 14
	1108	+	or upon abandonment or forfeiture thereof by the concessionaire prior to
	1109	+	its expiration.
572	1110		Sec. 16. K.S.A. 2022 Supp. 19-2894 is hereby amended to read as
573	1111		follows: 19-2894. (a) The park board may by resolution adopt rules and
574		-	regulations for the operation of the park district and prescribe penalties
575		-	~~for~~ violation of any rules and regulations relating to the conduct of
576		-	~~persons in~~ the area where improvements are established. Such penalties
577		-	~~shall not~~ exceed imprisonment in the county jail for not to exceed three
578		-	~~months or a~~ fine of not to exceed $100 or both. Any rules and
579		-	~~regulations for the~~ conduct of persons and providing penalties shall be
580		-	~~published once in the~~ official county paper and copies of the rules and
581		-	~~regulations shall be~~ posted and kept posted in all areas to which they
582		-	~~are applicable, and the~~ violation of any penal rule or regulation when so
583		-	~~published and posted~~ shall constitute a misdemeanor.
584		-	(b) No charge shall be made for entrance into any improved area
585		-	~~and~~ no admission charge shall be made for use of any of the facilities,
586		-	~~except~~ that the park board may lease sites for food, soft drinks, boat
587		-	~~rentals,~~ amusements and other concessions as in its judgment may be
588		-	~~deemed~~ appropriate and lawful for the comfort, convenience and
589		-	~~enjoyment of the~~ public, and may limit purchase and use charges to be
590		-	~~made by~~ concessionaires in operating them. The park board may
591		-	~~regulate and~~ control all fishing and boating within the boundaries of
592		-	~~park property,~~ including daily and possession limits of fish caught and
593		-	~~time limits when~~ fishing may be restricted, subject to law and rules and
594		-	~~regulations of the~~ secretary of wildlife, and parks and tourism, and may
595		-	~~require a park permit~~ for fishing and boating for which a reasonable fee ~~HOUSE BILL No.~~ ~~2332—page 11~~
596		-	~~may be charged all~~ persons so engaged.
	1112	+	regulations for the operation of the park district and prescribe penalties for
	1113	+	violation of any rules and regulations relating to the conduct of persons in
	1114	+	the area where improvements are established. Such penalties shall not
	1115	+	exceed imprisonment in the county jail for not to exceed three months or a
	1116	+	fine of not to exceed $100 or both. Any rules and regulations for the
	1117	+	conduct of persons and providing penalties shall be published once in the
	1118	+	official county paper and copies of the rules and regulations shall be
	1119	+	posted and kept posted in all areas to which they are applicable, and the
	1120	+	violation of any penal rule or regulation when so published and posted
	1121	+	shall constitute a misdemeanor.
	1122	+	(b) No charge shall be made for entrance into any improved area and
	1123	+	no admission charge shall be made for use of any of the facilities, except
	1124	+	that the park board may lease sites for food, soft drinks, boat rentals,
	1125	+	amusements and other concessions as in its judgment may be deemed
	1126	+	appropriate and lawful for the comfort, convenience and enjoyment of the
	1127	+	public, and may limit purchase and use charges to be made by
	1128	+	concessionaires in operating them. The park board may regulate and
	1129	+	control all fishing and boating within the boundaries of park property,
	1130	+	including daily and possession limits of fish caught and time limits when
	1131	+	fishing may be restricted, subject to law and rules and regulations of the
	1132	+	secretary of wildlife, and parks and tourism, and may require a park permit
	1133	+	for fishing and boating for which a reasonable fee may be charged all
	1134	+	persons so engaged.
597	1135		Sec. 17. K.S.A. 2022 Supp. 19-3543 is hereby amended to read as
598		-	follows: 19-3543. The board shall have power to construct and
599		-	maintain water lines through, under, across or along any public
600		-	highway. The board is hereby authorized to enter into contracts with the
601		-	secretary of wildlife, and parks and tourism for the purchase of water
602		-	for use by the district and for the sale of the same for domestic or other
603		-	uses.
	1136	+	follows: 19-3543. The board shall have power to construct and maintain
	1137	+	water lines through, under, across or along any public highway. The board
	1138	+	is hereby authorized to enter into contracts with the secretary of wildlife,
	1139	+	and parks and tourism for the purchase of water for use by the district and
	1140	+	for the sale of the same for domestic or other uses.
604	1141		Sec. 18. K.S.A. 2022 Supp. 20-302b is hereby amended to read as
605	1142		follows: 20-302b. (a) Subject to assignment pursuant to K.S.A. 20-329,
606	1143		and amendments thereto, a district magistrate judge shall have the
607		-	jurisdiction and power, in any case in which a violation of the laws of
608		-	the state is charged, to conduct the trial of traffic infractions, violations
609		-	of the wildlife, and parks and tourism laws of this state or rules and
610		-	regulations adopted thereunder, cigarette or tobacco infractions or
611		-	misdemeanor charges, to conduct felony first appearance hearings and
612		-	the preliminary examination of felony charges and to hear
613		-	misdemeanor or felony arraignments. A district magistrate judge shall
614		-	have jurisdiction over uncontested actions for divorce. Except as
615		-	otherwise specifically provided in this section, a district magistrate
616		-	judge shall have jurisdiction over actions filed under the code of civil
617		-	procedure for limited actions, K.S.A. 61-2801 et seq., and amendments
618		-	thereto, and all other civil cases, and shall have concurrent jurisdiction,
619		-	powers and duties with a district judge. Except with consent of the
620		-	parties, or as otherwise specifically provided in this section, a district
621		-	magistrate judge shall not have jurisdiction or cognizance over the
622		-	following actions:
	1144	+	jurisdiction and power, in any case in which a violation of the laws of the
	1145	+	state is charged, to conduct the trial of traffic infractions, violations of the
	1146	+	wildlife, and parks and tourism laws of this state or rules and regulations
	1147	+	adopted thereunder, cigarette or tobacco infractions or misdemeanor
	1148	+	charges, to conduct felony first appearance hearings and the preliminary
	1149	+	examination of felony charges and to hear misdemeanor or felony
	1150	+	arraignments. A district magistrate judge shall have jurisdiction over
	1151	+	1
	1152	+	2
	1153	+	3
	1154	+	4
	1155	+	5
	1156	+	6
	1157	+	7
	1158	+	8
	1159	+	9
	1160	+	10
	1161	+	11
	1162	+	12
	1163	+	13
	1164	+	14
	1165	+	15
	1166	+	16
	1167	+	17
	1168	+	18
	1169	+	19
	1170	+	20
	1171	+	21
	1172	+	22
	1173	+	23
	1174	+	24
	1175	+	25
	1176	+	26
	1177	+	27
	1178	+	28
	1179	+	29
	1180	+	30
	1181	+	31
	1182	+	32
	1183	+	33
	1184	+	34
	1185	+	35
	1186	+	36
	1187	+	37
	1188	+	38
	1189	+	39
	1190	+	40
	1191	+	41
	1192	+	42
	1193	+	43 HB 2332 15
	1194	+	uncontested actions for divorce. Except as otherwise specifically provided
	1195	+	in this section, a district magistrate judge shall have jurisdiction over
	1196	+	actions filed under the code of civil procedure for limited actions, K.S.A.
	1197	+	61-2801 et seq., and amendments thereto, and all other civil cases, and
	1198	+	shall have concurrent jurisdiction, powers and duties with a district judge.
	1199	+	Except with consent of the parties, or as otherwise specifically provided in
	1200	+	this section, a district magistrate judge shall not have jurisdiction or
	1201	+	cognizance over the following actions:
623	1202		(1) Any action, other than an action seeking judgment for an
624	1203		unsecured debt not sounding in tort and arising out of a contract for the
625		-	provision of goods, services or money, in which the amount in
626		-	controversy, exclusive of interests and costs, exceeds $10,000. The
627		-	provisions of this subsection shall not apply to actions filed under the
628		-	code of civil procedure for limited actions, K.S.A. 61-2801 et seq., and
629		-	amendments thereto. In actions of replevin, the affidavit in replevin or
630		-	the verified petition fixing the value of the property shall govern the
631		-	jurisdiction. Nothing in this paragraph shall be construed as limiting the
632		-	power of a district magistrate judge to hear any action pursuant to the
633		-	Kansas probate code or to issue support orders as provided by
634		-	subsection (a)(6);
	1204	+	provision of goods, services or money, in which the amount in controversy,
	1205	+	exclusive of interests and costs, exceeds $10,000. The provisions of this
	1206	+	subsection shall not apply to actions filed under the code of civil procedure
	1207	+	for limited actions, K.S.A. 61-2801 et seq., and amendments thereto. In
	1208	+	actions of replevin, the affidavit in replevin or the verified petition fixing
	1209	+	the value of the property shall govern the jurisdiction. Nothing in this
	1210	+	paragraph shall be construed as limiting the power of a district magistrate
	1211	+	judge to hear any action pursuant to the Kansas probate code or to issue
	1212	+	support orders as provided by subsection (a)(6);
635	1213		(2) actions against any officers of the state, or any subdivisions
636	1214		thereof, for misconduct in office;
637	1215		(3) actions for specific performance of contracts for real estate;
638		-	(4) actions in which title to real estate is sought to be recovered or
639		-	in which an interest in real estate, either legal or equitable, is sought to
640		-	be established. Nothing in this paragraph shall be construed as limiting
641		-	~~the~~ right to bring an action for forcible detainer as provided in the acts
642		-	contained in K.S.A. 61-3801 through 61-3808, and amendments
643		-	~~thereto.~~ Nothing in this paragraph shall be construed as limiting the
644		-	~~power of a~~ district magistrate judge to hear any action pursuant to the
645		-	~~Kansas probate~~ code;
	1216	+	(4) actions in which title to real estate is sought to be recovered or in
	1217	+	which an interest in real estate, either legal or equitable, is sought to be
	1218	+	established. Nothing in this paragraph shall be construed as limiting the
	1219	+	right to bring an action for forcible detainer as provided in the acts
	1220	+	contained in K.S.A. 61-3801 through 61-3808, and amendments thereto.
	1221	+	Nothing in this paragraph shall be construed as limiting the power of a
	1222	+	district magistrate judge to hear any action pursuant to the Kansas probate
	1223	+	code;
646	1224		(5) actions to foreclose real estate mortgages or to establish and
647		-	foreclose liens on real estate as provided in the acts contained in article
648		-	11 of chapter 60 of the Kansas Statutes Annotated, and amendments
649		-	thereto;
650		-	(6) contested actions for divorce, separate maintenance or custody
651		-	of minor children. Nothing in this paragraph shall be construed as
652		-	limiting the power of a district magistrate judge to:
653		-	(A) Except as provided in subsection (e), hear any action pursuant
654		-	to the Kansas code for care of children or the revised Kansas juvenile HOUSE BILL No. 2332—page 12
655		-	justice code;
656		-	(B) establish, modify or enforce orders of support, including, but
657		-	not limited to, orders of support pursuant to the Kansas parentage act,
658		-	K.S.A. 2022 Supp. 23-2201 et seq., and amendments thereto, the
659		-	uniform interstate family support act, K.S.A. 2022 Supp. 23-36,101 et
660		-	seq., and amendments thereto, articles 29 or 30 of chapter 23 of the
661		-	Kansas Statutes Annotated, and amendments thereto, K.S.A. 39-709,
662		-	39-718b or 39-755 or K.S.A. 2022 Supp. 23-3101 through 23-3113, 38-
663		-	2348, 38-2349 or 38-2350, and amendments thereto; or
	1225	+	foreclose liens on real estate as provided in the acts contained in article 11
	1226	+	of chapter 60 of the Kansas Statutes Annotated, and amendments thereto;
	1227	+	(6) contested actions for divorce, separate maintenance or custody of
	1228	+	minor children. Nothing in this paragraph shall be construed as limiting
	1229	+	the power of a district magistrate judge to:
	1230	+	(A) Except as provided in subsection (e), hear any action pursuant to
	1231	+	the Kansas code for care of children or the revised Kansas juvenile justice
	1232	+	code;
	1233	+	(B) establish, modify or enforce orders of support, including, but not
	1234	+	limited to, orders of support pursuant to the Kansas parentage act, K.S.A.
	1235	+	2022 Supp. 23-2201 et seq., and amendments thereto, the uniform
	1236	+	interstate family support act, K.S.A. 2022 Supp. 23-36,101 et seq., and
	1237	+	1
	1238	+	2
	1239	+	3
	1240	+	4
	1241	+	5
	1242	+	6
	1243	+	7
	1244	+	8
	1245	+	9
	1246	+	10
	1247	+	11
	1248	+	12
	1249	+	13
	1250	+	14
	1251	+	15
	1252	+	16
	1253	+	17
	1254	+	18
	1255	+	19
	1256	+	20
	1257	+	21
	1258	+	22
	1259	+	23
	1260	+	24
	1261	+	25
	1262	+	26
	1263	+	27
	1264	+	28
	1265	+	29
	1266	+	30
	1267	+	31
	1268	+	32
	1269	+	33
	1270	+	34
	1271	+	35
	1272	+	36
	1273	+	37
	1274	+	38
	1275	+	39
	1276	+	40
	1277	+	41
	1278	+	42
	1279	+	43 HB 2332 16
	1280	+	amendments thereto, articles 29 or 30 of chapter 23 of the Kansas Statutes
	1281	+	Annotated, and amendments thereto, K.S.A. 39-709, 39-718b or 39-755 or
	1282	+	K.S.A. 2022 Supp. 23-3101 through 23-3113, 38-2348, 38-2349 or 38-
	1283	+	2350, and amendments thereto; or
664	1284		(C) enforce orders granting visitation rights or parenting time;
665	1285		(7) habeas corpus;
666	1286		(8) receiverships;
667	1287		(9) declaratory judgments;
668	1288		(10) mandamus and quo warranto;
669	1289		(11) injunctions;
670	1290		(12) class actions; and
671	1291		(13) actions pursuant to K.S.A. 59-29a01 et seq., and amendments
672	1292		thereto.
673		-	(b) Notwithstanding the provisions of subsection (a), in the
674		-	~~absence,~~ disability or disqualification of a district judge, a district
675		-	~~magistrate judge~~ may:
	1293	+	(b) Notwithstanding the provisions of subsection (a), in the absence,
	1294	+	disability or disqualification of a district judge, a district magistrate judge
	1295	+	may:
676	1296		(1) Grant a restraining order, as provided in K.S.A. 60-902, and
677	1297		amendments thereto;
678	1298		(2) appoint a receiver, as provided in K.S.A. 60-1301, and
679	1299		amendments thereto; and
680		-	(3) make any order authorized by K.S.A. 23-2707, and
681		-	amendments thereto.
682		-	(c) (1) Every action or proceeding before a district magistrate
683		-	judge regularly admitted to practice law in Kansas shall be on the
684		-	record if such action or proceeding would be on the record before a
	1300	+	(3) make any order authorized by K.S.A. 23-2707, and amendments
	1301	+	thereto.
	1302	+	(c) (1) Every action or proceeding before a district magistrate judge
	1303	+	regularly admitted to practice law in Kansas shall be on the record if such
	1304	+	action or proceeding would be on the record before a district judge.
	1305	+	(2) In accordance with the limitations and procedures prescribed by
	1306	+	law, and subject to any rules of the supreme court relating thereto, any
	1307	+	appeal permitted to be taken from an order or final decision of a district
	1308	+	magistrate judge:
	1309	+	(A) Who is not regularly admitted to practice law in Kansas shall be
	1310	+	tried and determined de novo by a district judge, except that in civil cases
	1311	+	where a record was made of the action or proceeding before the district
	1312	+	magistrate judge, the appeal shall be tried and determined on the record by
	1313	+	a district judge; and
	1314	+	(B) who is regularly admitted to practice law in Kansas shall be to the
	1315	+	court of appeals.
	1316	+	(d) Except as provided in subsection (e), upon motion of a party, the
	1317	+	chief judge may reassign an action from a district magistrate judge to a
685	1318		district judge.
686		-	(2) In accordance with the limitations and procedures prescribed
687		-	by law, and subject to any rules of the supreme court relating thereto,
688		-	any appeal permitted to be taken from an order or final decision of a
689		-	district magistrate judge:
690		-	(A) Who is not regularly admitted to practice law in Kansas shall
691		-	be tried and determined de novo by a district judge, except that in civil
692		-	cases where a record was made of the action or proceeding before the
693		-	district magistrate judge, the appeal shall be tried and determined on
694		-	the record by a district judge; and
695		-	(B) who is regularly admitted to practice law in Kansas shall be to
696		-	the court of appeals.
697		-	(d) Except as provided in subsection (e), upon motion of a party,
698		-	the chief judge may reassign an action from a district magistrate judge
699		-	to a district judge.
700		-	(e) Upon motion of a party, the chief judge shall reassign a
701		-	petition or motion requesting termination of parental rights pursuant to
702		-	K.S.A. 38-2266 and 38-2267, and amendments thereto, from a district
703		-	magistrate judge to a district judge.
704		-	(f) This section shall apply to every action or proceeding on or
705		-	after July 1, 2014, regardless of the date such action or proceeding was
706		-	filed or commenced.
	1319	+	(e) Upon motion of a party, the chief judge shall reassign a petition or
	1320	+	motion requesting termination of parental rights pursuant to K.S.A. 38-
	1321	+	2266 and 38-2267, and amendments thereto, from a district magistrate
	1322	+	judge to a district judge.
	1323	+	1
	1324	+	2
	1325	+	3
	1326	+	4
	1327	+	5
	1328	+	6
	1329	+	7
	1330	+	8
	1331	+	9
	1332	+	10
	1333	+	11
	1334	+	12
	1335	+	13
	1336	+	14
	1337	+	15
	1338	+	16
	1339	+	17
	1340	+	18
	1341	+	19
	1342	+	20
	1343	+	21
	1344	+	22
	1345	+	23
	1346	+	24
	1347	+	25
	1348	+	26
	1349	+	27
	1350	+	28
	1351	+	29
	1352	+	30
	1353	+	31
	1354	+	32
	1355	+	33
	1356	+	34
	1357	+	35
	1358	+	36
	1359	+	37
	1360	+	38
	1361	+	39
	1362	+	40
	1363	+	41
	1364	+	42
	1365	+	43 HB 2332 17
	1366	+	(f) This section shall apply to every action or proceeding on or after
	1367	+	July 1, 2014, regardless of the date such action or proceeding was filed or
	1368	+	commenced.
707	1369		Sec. 19. K.S.A. 2022 Supp. 21-5810 is hereby amended to read as
708		-	follows: 21-5810. (a) Criminal hunting is knowingly hunting, shooting,
709		-	~~fur~~ harvesting, pursuing any bird or animal, or fishing:
710		-	(1) Upon any land or nonnavigable body of water of another,
711		-	~~without~~ having first obtained permission of the owner or person in
712		-	~~possession of~~ such premises;
713		-	(2) upon or from any public road, public road right-of-way or ~~HOUSE BILL No. 2332—page 13~~
714		-	~~railroad~~ right-of-way that adjoins occupied or improved premises,
715		-	~~without having~~ first obtained permission of the owner or person in
716		-	~~possession of such~~ premises; or
	1370	+	follows: 21-5810. (a) Criminal hunting is knowingly hunting, shooting, fur
	1371	+	harvesting, pursuing any bird or animal, or fishing:
	1372	+	(1) Upon any land or nonnavigable body of water of another, without
	1373	+	having first obtained permission of the owner or person in possession of
	1374	+	such premises;
	1375	+	(2) upon or from any public road, public road right-of-way or railroad
	1376	+	right-of-way that adjoins occupied or improved premises, without having
	1377	+	first obtained permission of the owner or person in possession of such
	1378	+	premises; or
717	1379		(3) upon any land or nonnavigable body of water of another by a
718	1380		person who knows such person is not authorized or privileged to do so,
719	1381		and:
720	1382		(A) Such person remains therein and continues to hunt, shoot, fur
721	1383		harvest, pursue any bird or animal or fish in defiance of an order not to
722	1384		enter or to leave such premises or property personally communicated to
723	1385		such person by the owner thereof or other authorized person; or
724		-	(B) such premises or property are posted in a manner consistent
725		-	~~with~~ K.S.A. 32-1013, and amendments thereto.
	1386	+	(B) such premises or property are posted in a manner consistent with
	1387	+	K.S.A. 32-1013, and amendments thereto.
726	1388		(b) Criminal hunting as defined in:
727		-	(1) Subsection (a)(1) or (a)(2) is a class C nonperson
728		-	misdemeanor. Upon the first conviction of subsection (a)(1) or (a)(2),
729		-	in addition to any authorized sentence imposed by the court, such court
730		-	may require the forfeiture of the convicted person's hunting, fishing or
731		-	fur harvesting license, or all, or, in any case where such person has a
732		-	combination license, the court may require forfeiture of a part or all of
733		-	such license and the court may order such person to refrain from
734		-	hunting, fishing or fur harvesting, or all, for up to one year from the
735		-	date of such conviction. Upon a second or subsequent conviction of
736		-	subsection (a)(1) or (a)(2), in addition to any authorized sentence
737		-	imposed by the court, such court shall require the forfeiture of the
738		-	convicted person's hunting, fishing or fur harvesting license, or all, or,
739		-	in any case where such person has a combination license, the court
740		-	shall require the forfeiture of a part or all of such license and the court
741		-	shall order such person to refrain from hunting, fishing or fur
742		-	harvesting, or all, for one year from the date of such conviction. A
743		-	person licensed to hunt and following or pursuing a wounded game
744		-	bird or animal upon any land of another without permission of the
745		-	landowner or person in lawful possession thereof shall not be deemed
746		-	to be in violation of this provision while in such pursuit, except that this
747		-	provision shall not authorize a person to remain on such land if
748		-	instructed to leave by the owner thereof or other authorized person. For
749		-	the purpose of determining whether a conviction is a first, second or
	1389	+	(1) Subsection (a)(1) or (a)(2) is a class C nonperson misdemeanor.
	1390	+	Upon the first conviction of subsection (a)(1) or (a)(2), in addition to any
	1391	+	authorized sentence imposed by the court, such court may require the
	1392	+	forfeiture of the convicted person's hunting, fishing or fur harvesting
	1393	+	license, or all, or, in any case where such person has a combination license,
	1394	+	the court may require forfeiture of a part or all of such license and the
	1395	+	court may order such person to refrain from hunting, fishing or fur
	1396	+	harvesting, or all, for up to one year from the date of such conviction.
	1397	+	Upon a second or subsequent conviction of subsection (a)(1) or (a)(2), in
	1398	+	addition to any authorized sentence imposed by the court, such court shall
	1399	+	require the forfeiture of the convicted person's hunting, fishing or fur
	1400	+	harvesting license, or all, or, in any case where such person has a
	1401	+	combination license, the court shall require the forfeiture of a part or all of
	1402	+	such license and the court shall order such person to refrain from hunting,
	1403	+	fishing or fur harvesting, or all, for one year from the date of such
	1404	+	conviction. A person licensed to hunt and following or pursuing a
	1405	+	wounded game bird or animal upon any land of another without
	1406	+	permission of the landowner or person in lawful possession thereof shall
	1407	+	not be deemed to be in violation of this provision while in such pursuit,
	1408	+	except that this provision shall not authorize a person to remain on such
	1409	+	1
	1410	+	2
	1411	+	3
	1412	+	4
	1413	+	5
	1414	+	6
	1415	+	7
	1416	+	8
	1417	+	9
	1418	+	10
	1419	+	11
	1420	+	12
	1421	+	13
	1422	+	14
	1423	+	15
	1424	+	16
	1425	+	17
	1426	+	18
	1427	+	19
	1428	+	20
	1429	+	21
	1430	+	22
	1431	+	23
	1432	+	24
	1433	+	25
	1434	+	26
	1435	+	27
	1436	+	28
	1437	+	29
	1438	+	30
	1439	+	31
	1440	+	32
	1441	+	33
	1442	+	34
	1443	+	35
	1444	+	36
	1445	+	37
	1446	+	38
	1447	+	39
	1448	+	40
	1449	+	41
	1450	+	42
	1451	+	43 HB 2332 18
	1452	+	land if instructed to leave by the owner thereof or other authorized person.
	1453	+	For the purpose of determining whether a conviction is a first, second or
750	1454		subsequent conviction of subsection (a)(1) or (a)(2), "conviction" or
751	1455		"convicted" includes being convicted of a violation of subsection (a) of
752	1456		K.S.A. 21-3728(a), prior to its repeal, or subsection (a)(1) or (a)(2); and
753		-	(2) subsection (a)(3) is a class B nonperson misdemeanor. Upon
754		-	the first conviction or a diversion agreement of subsection (a)(3), in
755		-	addition to any authorized sentence imposed by the court, the court
756		-	shall require forfeiture of such person's hunting, fishing or fur
757		-	harvesting license, or all, or in the case where such person has a
758		-	combination license, the court shall require forfeiture of a part or all of
759		-	such license for six months. Upon the second conviction of subsection
760		-	(a)(3), in addition to any authorized sentence imposed by the court,
761		-	such court shall require the forfeiture of the convicted person's hunting,
762		-	fishing or fur harvesting license, or all, or in the case where such
763		-	person has a combination license, the court shall require forfeiture of a
764		-	part or all of such license for one year. Upon the third or subsequent
765		-	conviction of subsection (a)(3), in addition to any authorized sentence
766		-	imposed by the court, such court shall require forfeiture of the
767		-	convicted person's hunting, fishing or fur harvesting license, or all, or
768		-	in the case where such person has a combination license, the court shall
769		-	require forfeiture of a part or all of such license for five years. For the
770		-	purpose of determining whether a conviction is a first, second, third or
771		-	subsequent conviction of subsection (a)(3), "conviction" or "convicted"
772		-	includes being convicted of a violation of subsection (b) of K.S.A. 21- HOUSE BILL No. 2332—page 14
773		-	3728(b), prior to its repeal, or subsection (a)(3).
	1457	+	(2) subsection (a)(3) is a class B nonperson misdemeanor. Upon the
	1458	+	first conviction or a diversion agreement of subsection (a)(3), in addition
	1459	+	to any authorized sentence imposed by the court, the court shall require
	1460	+	forfeiture of such person's hunting, fishing or fur harvesting license, or all,
	1461	+	or in the case where such person has a combination license, the court shall
	1462	+	require forfeiture of a part or all of such license for six months. Upon the
	1463	+	second conviction of subsection (a)(3), in addition to any authorized
	1464	+	sentence imposed by the court, such court shall require the forfeiture of the
	1465	+	convicted person's hunting, fishing or fur harvesting license, or all, or in
	1466	+	the case where such person has a combination license, the court shall
	1467	+	require forfeiture of a part or all of such license for one year. Upon the
	1468	+	third or subsequent conviction of subsection (a)(3), in addition to any
	1469	+	authorized sentence imposed by the court, such court shall require
	1470	+	forfeiture of the convicted person's hunting, fishing or fur harvesting
	1471	+	license, or all, or in the case where such person has a combination license,
	1472	+	the court shall require forfeiture of a part or all of such license for five
	1473	+	years. For the purpose of determining whether a conviction is a first,
	1474	+	second, third or subsequent conviction of subsection (a)(3), "conviction"
	1475	+	or "convicted" includes being convicted of a violation of subsection (b) of
	1476	+	K.S.A. 21-3728(b), prior to its repeal, or subsection (a)(3).
774	1477		(c) The court shall notify the Kansas department of wildlife, and
775	1478		parks and tourism of any conviction or diversion for a violation of this
776	1479		section.
777		-	Sec. 20. K.S.A. 2022 Supp. 21-6308a is hereby amended to read
778		-	as follows: 21-6308a. (a) Unlawful discharge of a firearm is the
779		-	reckless discharge of a firearm within or into the corporate limits of any
780		-	city.
781		-	(b) This section shall not apply to the discharge of any firearm
782		-	within or into the corporate limits of any city if:
783		-	(1) The firearm is discharged in the lawful defense of one's
784		-	person, another person or one's property;
	1480	+	Sec. 20. K.S.A. 2022 Supp. 21-6308a is hereby amended to read as
	1481	+	follows: 21-6308a. (a) Unlawful discharge of a firearm is the reckless
	1482	+	discharge of a firearm within or into the corporate limits of any city.
	1483	+	(b) This section shall not apply to the discharge of any firearm within
	1484	+	or into the corporate limits of any city if:
	1485	+	(1) The firearm is discharged in the lawful defense of one's person,
	1486	+	another person or one's property;
785	1487		(2) the firearm is discharged at a private or public shooting range;
786	1488		(3) the firearm is discharged to lawfully take wildlife unless
787	1489		prohibited by the department of wildlife, and parks and tourism or the
788	1490		governing body of the city;
789		-	(4) the firearm is discharged by authorized law enforcement
790		-	officers, animal control officers or a person who has a wildlife control
791		-	permit issued by the Kansas department of wildlife, and parks and
792		-	tourism;
793		-	(5) the firearm is discharged by special permit of the chief of
794		-	police or by the sheriff when the city has no police department;
	1491	+	(4) the firearm is discharged by authorized law enforcement officers,
	1492	+	animal control officers or a person who has a wildlife control permit issued
	1493	+	by the Kansas department of wildlife, and parks and tourism;
	1494	+	(5) the firearm is discharged by special permit of the chief of police
	1495	+	1
	1496	+	2
	1497	+	3
	1498	+	4
	1499	+	5
	1500	+	6
	1501	+	7
	1502	+	8
	1503	+	9
	1504	+	10
	1505	+	11
	1506	+	12
	1507	+	13
	1508	+	14
	1509	+	15
	1510	+	16
	1511	+	17
	1512	+	18
	1513	+	19
	1514	+	20
	1515	+	21
	1516	+	22
	1517	+	23
	1518	+	24
	1519	+	25
	1520	+	26
	1521	+	27
	1522	+	28
	1523	+	29
	1524	+	30
	1525	+	31
	1526	+	32
	1527	+	33
	1528	+	34
	1529	+	35
	1530	+	36
	1531	+	37
	1532	+	38
	1533	+	39
	1534	+	40
	1535	+	41
	1536	+	42
	1537	+	43 HB 2332 19
	1538	+	or by the sheriff when the city has no police department;
795	1539		(6) the firearm is discharged using blanks; or
796	1540		(7) the firearm is discharged in lawful self-defense or defense of
797	1541		another person against an animal attack.
798	1542		(c) A violation of subsection (a) shall be a class B nonperson
799	1543		misdemeanor.
800	1544		Sec. 21. K.S.A. 2022 Supp. 21-6416 is hereby amended to read as
801		-	follows: 21-6416. (a) Inflicting harm, disability or death to a police
802		-	dog, arson dog, assistance dog, game warden dog or search and rescue
803		-	dog is knowingly, and without lawful cause or justification poisoning,
804		-	inflicting great bodily harm, permanent disability or death, upon a
805		-	police dog, arson dog, assistance dog, game warden dog or search and
806		-	rescue dog.
	1545	+	follows: 21-6416. (a) Inflicting harm, disability or death to a police dog,
	1546	+	arson dog, assistance dog, game warden dog or search and rescue dog is
	1547	+	knowingly, and without lawful cause or justification poisoning, inflicting
	1548	+	great bodily harm, permanent disability or death, upon a police dog, arson
	1549	+	dog, assistance dog, game warden dog or search and rescue dog.
807	1550		(b) Inflicting harm, disability or death to a police dog, arson dog,
808		-	assistance dog, game warden dog or search and rescue dog is a
809		-	~~nonperson~~ felony. Upon conviction of this subsection, a person shall be
810		-	~~sentenced to~~ not less than 30 days or more than one year's
811		-	~~imprisonment and be fined~~ not less than $500 nor more than $5,000.
812		-	~~The person convicted shall not be~~ eligible for release on probation,
813		-	~~suspension or reduction of sentence or~~ parole until the person has
814		-	~~served the minimum mandatory sentence as~~ provided herein. During
815		-	~~the mandatory 30 days imprisonment, such~~ offender shall have a
816		-	~~psychological evaluation prepared for the court to~~ assist the court in
817		-	~~determining conditions of probation. Such conditions~~ shall include, but
818		-	~~not be limited to, the completion of an anger~~ management program.
	1551	+	assistance dog, game warden dog or search and rescue dog is a nonperson
	1552	+	felony. Upon conviction of this subsection, a person shall be sentenced to
	1553	+	not less than 30 days or more than one year's imprisonment and be fined
	1554	+	not less than $500 nor more than $5,000. The person convicted shall not be
	1555	+	eligible for release on probation, suspension or reduction of sentence or
	1556	+	parole until the person has served the minimum mandatory sentence as
	1557	+	provided herein. During the mandatory 30 days imprisonment, such
	1558	+	offender shall have a psychological evaluation prepared for the court to
	1559	+	assist the court in determining conditions of probation. Such conditions
	1560	+	shall include, but not be limited to, the completion of an anger
	1561	+	management program.
819	1562		(c) As used in this section:
820		-	(1) "Arson dog" means any dog which that is owned, or the
821		-	~~service of~~ which is employed, by the state fire marshal or a fire
822		-	~~department for the~~ principal purpose of aiding in the detection of liquid
823		-	~~accelerants in the~~ investigation of fires;
824		-	(2) "assistance dog" has the meaning provided by means the same
825		-	as defined in K.S.A. 39-1113, and amendments thereto;
	1563	+	(1) "Arson dog" means any dog which that is owned, or the service of
	1564	+	which is employed, by the state fire marshal or a fire department for the
	1565	+	principal purpose of aiding in the detection of liquid accelerants in the
	1566	+	investigation of fires;
	1567	+	(2) "assistance dog" has the meaning provided by means the same as
	1568	+	defined in K.S.A. 39-1113, and amendments thereto;
826	1569		(3) "fire department" means a public fire department under the
827	1570		control of the governing body of a city, township, county, fire district or
828	1571		benefit district or a private fire department operated by a nonprofit
829		-	corporation providing fire protection services for a city, township,
830		-	~~county,~~ fire district or benefit district under contract with the governing
831		-	~~body of~~ the city, township, county or district; ~~HOUSE BILL No. 2332—page 15~~
	1572	+	corporation providing fire protection services for a city, township, county,
	1573	+	fire district or benefit district under contract with the governing body of
	1574	+	the city, township, county or district;
832	1575		(4) "game warden dog" means any dog which that is owned, or the
833		-	service of which is employed, by the Kansas department of wildlife,
834		-	~~and~~ parks and tourism for the purpose of aiding in detection of criminal
	1576	+	service of which is employed, by the Kansas department of wildlife, and
	1577	+	parks and tourism for the purpose of aiding in detection of criminal
835	1578		activity, enforcement of laws, apprehension of offenders or location of
836	1579		persons or wildlife;
837		-	(5) "police dog" means any dog which that is owned, or the
838		-	service of which is employed, by a law enforcement agency for the
839		-	principal purpose of aiding in the detection of criminal activity,
840		-	enforcement of laws or apprehension of offenders; and
	1580	+	(5) "police dog" means any dog which that is owned, or the service of
	1581	+	1
	1582	+	2
	1583	+	3
	1584	+	4
	1585	+	5
	1586	+	6
	1587	+	7
	1588	+	8
	1589	+	9
	1590	+	10
	1591	+	11
	1592	+	12
	1593	+	13
	1594	+	14
	1595	+	15
	1596	+	16
	1597	+	17
	1598	+	18
	1599	+	19
	1600	+	20
	1601	+	21
	1602	+	22
	1603	+	23
	1604	+	24
	1605	+	25
	1606	+	26
	1607	+	27
	1608	+	28
	1609	+	29
	1610	+	30
	1611	+	31
	1612	+	32
	1613	+	33
	1614	+	34
	1615	+	35
	1616	+	36
	1617	+	37
	1618	+	38
	1619	+	39
	1620	+	40
	1621	+	41
	1622	+	42
	1623	+	43 HB 2332 20
	1624	+	which is employed, by a law enforcement agency for the principal purpose
	1625	+	of aiding in the detection of criminal activity, enforcement of laws or
	1626	+	apprehension of offenders; and
841	1627		(6) "search and rescue dog" means any dog which that is owned or
842	1628		the service of which is employed, by a law enforcement or emergency
843	1629		response agency for the purpose of aiding in the location of persons
844	1630		missing in disasters or other times of need.
845	1631		Sec. 22. K.S.A. 2022 Supp. 22-2512 is hereby amended to read as
846	1632		follows: 22-2512. (a) Property seized under a search warrant or validly
847	1633		seized without a warrant shall be safely kept by the officer seizing the
848		-	same unless otherwise directed by the magistrate, and shall be so kept
849		-	as long as necessary for the purpose of being produced as evidence on
850		-	any trial. The property seized may not be taken from the officer having
851		-	it in custody so long as it is or may be required as evidence in any trial.
852		-	The officer seizing the property shall give a receipt to the person
853		-	detained or arrested particularly describing each article of property
854		-	being held and shall file a copy of such receipt with the magistrate
855		-	before whom the person detained or arrested is taken. Where seized
856		-	property is no longer required as evidence in the prosecution of any
857		-	indictment or information, the court which has jurisdiction of such
858		-	property may transfer the same to the jurisdiction of any other court,
859		-	including courts of another state or federal courts, where it is shown to
860		-	the satisfaction of the court that such property is required as evidence in
861		-	any prosecution in such other court.
862		-	(b) (1) Notwithstanding the provisions of subsection (a) and with
863		-	the approval of the affected court, any law enforcement officer who
864		-	seizes hazardous materials as evidence related to a criminal
865		-	investigation may collect representative samples of such hazardous
866		-	materials, and lawfully destroy or dispose of, or direct another person
867		-	to lawfully destroy or dispose of the remaining quantity of such
868		-	hazardous materials.
869		-	(2) In any prosecution, representative samples of hazardous
870		-	materials accompanied by photographs, videotapes, laboratory analysis
871		-	reports or other means used to verify and document the identity and
872		-	quantity of the material shall be deemed competent evidence of such
873		-	hazardous materials and shall be admissible in any proceeding, hearing
874		-	or trial as if such materials had been introduced as evidence.
875		-	(3) As used in this section, the term "hazardous materials" means
876		-	any substance which that is capable of posing an unreasonable risk to
877		-	health, safety and property. It shall include "Hazardous materials"
878		-	includes any substance which that by its nature is explosive,
879		-	flammable, corrosive, poisonous, radioactive, a biological hazard or a
880		-	material which that may cause spontaneous combustion. It shall include
881		-	"Hazardous materials" includes, but is not be limited to, substances
882		-	listed in the table of hazardous materials contained in the code of
883		-	federal regulations title 49 and national fire protection association's fire
884		-	protection guide on hazardous materials.
885		-	(4) The provisions of this subsection shall not apply to
886		-	ammunition and components thereof.
887		-	(c) When property seized is no longer required as evidence, it
888		-	shall be disposed of as follows:
	1634	+	same unless otherwise directed by the magistrate, and shall be so kept as
	1635	+	long as necessary for the purpose of being produced as evidence on any
	1636	+	trial. The property seized may not be taken from the officer having it in
	1637	+	custody so long as it is or may be required as evidence in any trial. The
	1638	+	officer seizing the property shall give a receipt to the person detained or
	1639	+	arrested particularly describing each article of property being held and
	1640	+	shall file a copy of such receipt with the magistrate before whom the
	1641	+	person detained or arrested is taken. Where seized property is no longer
	1642	+	required as evidence in the prosecution of any indictment or information,
	1643	+	the court which has jurisdiction of such property may transfer the same to
	1644	+	the jurisdiction of any other court, including courts of another state or
	1645	+	federal courts, where it is shown to the satisfaction of the court that such
	1646	+	property is required as evidence in any prosecution in such other court.
	1647	+	(b) (1) Notwithstanding the provisions of subsection (a) and with the
	1648	+	approval of the affected court, any law enforcement officer who seizes
	1649	+	hazardous materials as evidence related to a criminal investigation may
	1650	+	collect representative samples of such hazardous materials, and lawfully
	1651	+	destroy or dispose of, or direct another person to lawfully destroy or
	1652	+	dispose of the remaining quantity of such hazardous materials.
	1653	+	(2) In any prosecution, representative samples of hazardous materials
	1654	+	accompanied by photographs, videotapes, laboratory analysis reports or
	1655	+	other means used to verify and document the identity and quantity of the
	1656	+	material shall be deemed competent evidence of such hazardous materials
	1657	+	and shall be admissible in any proceeding, hearing or trial as if such
	1658	+	materials had been introduced as evidence.
	1659	+	(3) As used in this section, the term "hazardous materials" means any
	1660	+	substance which that is capable of posing an unreasonable risk to health,
	1661	+	safety and property. It shall include "Hazardous materials" includes any
	1662	+	substance which that by its nature is explosive, flammable, corrosive,
	1663	+	poisonous, radioactive, a biological hazard or a material which that may
	1664	+	cause spontaneous combustion. It shall include "Hazardous materials"
	1665	+	includes, but is not be limited to, substances listed in the table of
	1666	+	hazardous materials contained in the code of federal regulations title 49
	1667	+	1
	1668	+	2
	1669	+	3
	1670	+	4
	1671	+	5
	1672	+	6
	1673	+	7
	1674	+	8
	1675	+	9
	1676	+	10
	1677	+	11
	1678	+	12
	1679	+	13
	1680	+	14
	1681	+	15
	1682	+	16
	1683	+	17
	1684	+	18
	1685	+	19
	1686	+	20
	1687	+	21
	1688	+	22
	1689	+	23
	1690	+	24
	1691	+	25
	1692	+	26
	1693	+	27
	1694	+	28
	1695	+	29
	1696	+	30
	1697	+	31
	1698	+	32
	1699	+	33
	1700	+	34
	1701	+	35
	1702	+	36
	1703	+	37
	1704	+	38
	1705	+	39
	1706	+	40
	1707	+	41
	1708	+	42
	1709	+	43 HB 2332 21
	1710	+	and national fire protection association's fire protection guide on hazardous
	1711	+	materials.
	1712	+	(4) The provisions of this subsection shall not apply to ammunition
	1713	+	and components thereof.
	1714	+	(c) When property seized is no longer required as evidence, it shall be
	1715	+	disposed of as follows:
889	1716		(1) Property stolen, embezzled, obtained by false pretenses, or
890		-	otherwise obtained unlawfully from the rightful owner thereof shall be ~~HOUSE BILL No. 2332—page 16~~
	1717	+	otherwise obtained unlawfully from the rightful owner thereof shall be
891	1718		restored to the owner;
892		-	(2) money shall be restored to the owner unless it was contained in
893		-	a slot machine or otherwise used in unlawful gambling or lotteries, in
894		-	~~which~~ case it shall be forfeited, and shall be paid to the state treasurer
895		-	~~pursuant to~~ K.S.A. 20-2801, and amendments thereto;
	1719	+	(2) money shall be restored to the owner unless it was contained in a
	1720	+	slot machine or otherwise used in unlawful gambling or lotteries, in which
	1721	+	case it shall be forfeited, and shall be paid to the state treasurer pursuant to
	1722	+	K.S.A. 20-2801, and amendments thereto;
896	1723		(3) property which that is unclaimed or the ownership of which is
897		-	unknown shall be sold at public auction to be held by the sheriff and
898		-	~~the~~ proceeds, less the cost of sale and any storage charges incurred in
	1724	+	unknown shall be sold at public auction to be held by the sheriff and the
	1725	+	proceeds, less the cost of sale and any storage charges incurred in
899	1726		preserving it, shall be paid to the state treasurer pursuant to K.S.A. 20-
900	1727		2801, and amendments thereto;
901	1728		(4) articles of contraband shall be destroyed, except that any such
902	1729		articles the disposition of which is otherwise provided by law shall be
903		-	dealt with as so provided and any such articles the disposition of which
904		-	is not otherwise provided by law and which may be capable of innocent
905		-	~~use~~ may in the discretion of the court be sold and the proceeds disposed
906		-	~~of as~~ provided in subsection (c)(3);
907		-	(5) explosives, bombs and like devices, which that have been used
908		-	in the commission of crime, may be returned to the rightful owner, or in
909		-	~~the~~ discretion of the court having jurisdiction of the property, destroyed
910		-	or forfeited to the Kansas bureau of investigation;
	1730	+	dealt with as so provided and any such articles the disposition of which is
	1731	+	not otherwise provided by law and which may be capable of innocent use
	1732	+	may in the discretion of the court be sold and the proceeds disposed of as
	1733	+	provided in subsection (c)(3);
	1734	+	(5) explosives, bombs and like devices, which that have been used in
	1735	+	the commission of crime, may be returned to the rightful owner, or in the
	1736	+	discretion of the court having jurisdiction of the property, destroyed or
	1737	+	forfeited to the Kansas bureau of investigation;
911	1738		(6) (A) except as provided in subsections (c)(6)(B) and (d), any
912		-	weapon or ammunition, in the discretion of the court having
913		-	jurisdiction of the property, shall be forfeited to:
914		-	(i) Forfeited to The law enforcement agency seizing the weapon
915		-	for use within such agency, for sale to a properly licensed federal
916		-	firearms dealer, for trading to a properly licensed federal firearms
917		-	dealer for other new or used firearms or accessories for use within such
918		-	agency or for trading to another law enforcement agency for that
919		-	agency's use;
	1739	+	weapon or ammunition, in the discretion of the court having jurisdiction of
	1740	+	the property, shall be forfeited to:
	1741	+	(i) Forfeited to The law enforcement agency seizing the weapon for
	1742	+	use within such agency, for sale to a properly licensed federal firearms
	1743	+	dealer, for trading to a properly licensed federal firearms dealer for other
	1744	+	new or used firearms or accessories for use within such agency or for
	1745	+	trading to another law enforcement agency for that agency's use;
920	1746		(ii) forfeited to the Kansas bureau of investigation for law
921		-	enforcement, testing or comparison by the Kansas bureau of
922		-	~~investigation~~ forensic laboratory;
	1747	+	enforcement, testing or comparison by the Kansas bureau of investigation
	1748	+	forensic laboratory;
923	1749		(iii) forfeited to a county regional forensic science center, or other
924	1750		county forensic laboratory for testing, comparison or other forensic
925	1751		science purposes; or
926	1752		(iv) forfeited to the Kansas department of wildlife, and parks and
927		-	tourism for use pursuant to the conditions set forth in K.S.A. 32-1047,
928		-	and amendments thereto.
	1753	+	1
	1754	+	2
	1755	+	3
	1756	+	4
	1757	+	5
	1758	+	6
	1759	+	7
	1760	+	8
	1761	+	9
	1762	+	10
	1763	+	11
	1764	+	12
	1765	+	13
	1766	+	14
	1767	+	15
	1768	+	16
	1769	+	17
	1770	+	18
	1771	+	19
	1772	+	20
	1773	+	21
	1774	+	22
	1775	+	23
	1776	+	24
	1777	+	25
	1778	+	26
	1779	+	27
	1780	+	28
	1781	+	29
	1782	+	30
	1783	+	31
	1784	+	32
	1785	+	33
	1786	+	34
	1787	+	35
	1788	+	36
	1789	+	37
	1790	+	38
	1791	+	39
	1792	+	40
	1793	+	41
	1794	+	42
	1795	+	43 HB 2332 22
	1796	+	tourism for use pursuant to the conditions set forth in K.S.A. 32-1047, and
	1797	+	amendments thereto.
929	1798		(B) Except as provided in subsection (d), any weapon which that
930		-	cannot be forfeited pursuant to subsection (c)(6)(A) due to the
931		-	condition of the weapon, and any weapon which was used in the
932		-	commission of a felony as described in K.S.A. 2022 Supp. 21-5401,
933		-	21-5402, 21-5403, 21-5404 or 21-5405, and amendments thereto, shall
934		-	be destroyed.
	1799	+	cannot be forfeited pursuant to subsection (c)(6)(A) due to the condition of
	1800	+	the weapon, and any weapon which was used in the commission of a
	1801	+	felony as described in K.S.A. 2022 Supp. 21-5401, 21-5402, 21-5403, 21-
	1802	+	5404 or 21-5405, and amendments thereto, shall be destroyed.
935	1803		(7) controlled substances forfeited for violations of K.S.A. 2022
936		-	Supp. 21-5701 through 21-5717, and amendments thereto, shall be
937		-	~~dealt~~ with as provided under K.S.A. 60-4101 through 60-4126, and
938		-	~~amendments~~ thereto;
	1804	+	Supp. 21-5701 through 21-5717, and amendments thereto, shall be dealt
	1805	+	with as provided under K.S.A. 60-4101 through 60-4126, and amendments
	1806	+	thereto;
939	1807		(8) unless otherwise provided by law, all other property shall be
940		-	disposed of in such manner as the court in its sound discretion shall
941		-	direct.
942		-	(d) If a weapon is seized from an individual and the individual is
943		-	not convicted of or adjudicated as a juvenile offender for the violation
944		-	for which the weapon was seized, then within 30 days after the
945		-	declination or conclusion of prosecution of the case against the
946		-	individual, including any period of appeal, the law enforcement agency
947		-	that seized the weapon shall verify that the weapon is not stolen, and
948		-	upon such verification shall notify the person from whom it was seized
949		-	that the weapon may be retrieved. Such notification shall include the HOUSE BILL No. 2332—page 17
950		-	location where such weapon may be retrieved.
	1808	+	disposed of in such manner as the court in its sound discretion shall direct.
	1809	+	(d) If a weapon is seized from an individual and the individual is not
	1810	+	convicted of or adjudicated as a juvenile offender for the violation for
	1811	+	which the weapon was seized, then within 30 days after the declination or
	1812	+	conclusion of prosecution of the case against the individual, including any
	1813	+	period of appeal, the law enforcement agency that seized the weapon shall
	1814	+	verify that the weapon is not stolen, and upon such verification shall notify
	1815	+	the person from whom it was seized that the weapon may be retrieved.
	1816	+	Such notification shall include the location where such weapon may be
	1817	+	retrieved.
951	1818		(e) If weapons are sold as authorized by subsection (c)(6)(A), the
952	1819		proceeds of the sale shall be credited to the asset seizure and forfeiture
953	1820		fund of the seizing agency.
954		-	(f) For purposes of this section, the term "weapon" means a
955		-	weapon described in K.S.A. 2022 Supp. 21-6301, and amendments
956		-	thereto.
	1821	+	(f) For purposes of this section, the term "weapon" means a weapon
	1822	+	described in K.S.A. 2022 Supp. 21-6301, and amendments thereto.
957	1823		Sec. 23. K.S.A. 2022 Supp. 32-701 is hereby amended to read as
958	1824		follows: 32-701. As used in the wildlife, and parks and tourism laws of
959	1825		this state, unless the context otherwise requires or specifically defined
960	1826		otherwise:
961	1827		(a) "Big game animal" means any antelope, deer or elk.
962		-	(b) "Commission" means the Kansas wildlife and parks
963		-	commission created by K.S.A. 32-805, and amendments thereto.
964		-	(c) "Department" means the Kansas department of wildlife and
965		-	parks.
	1828	+	(b) "Commission" means the Kansas wildlife and parks commission
	1829	+	created by K.S.A. 32-805, and amendments thereto.
	1830	+	(c) "Department" means the Kansas department of wildlife and parks.
966	1831		(d) "Fish," as a verb, means take, in any manner, any fish.
967		-	(e) "Furbearing animal" means any badger, beaver, bobcat, grey
968		-	~~fox,~~ lynx, marten, mink, muskrat, opossum, otter, raccoon, red fox,
969		-	~~spotted~~ skunk, striped skunk, swift fox or weasel.
	1832	+	(e) "Furbearing animal" means any badger, beaver, bobcat, grey fox,
	1833	+	lynx, marten, mink, muskrat, opossum, otter, raccoon, red fox, spotted
	1834	+	skunk, striped skunk, swift fox or weasel.
970	1835		(f) "Furharvest" means:
971	1836		(1) Take, in any manner, any furbearing animal; or
972	1837		(2) trap or attempt to trap any coyote.
973		-	(g) "Game animal" means any big game animal, wild turkey or
974		-	small game animal.
	1838	+	(g) "Game animal" means any big game animal, wild turkey or small
	1839	+	1
	1840	+	2
	1841	+	3
	1842	+	4
	1843	+	5
	1844	+	6
	1845	+	7
	1846	+	8
	1847	+	9
	1848	+	10
	1849	+	11
	1850	+	12
	1851	+	13
	1852	+	14
	1853	+	15
	1854	+	16
	1855	+	17
	1856	+	18
	1857	+	19
	1858	+	20
	1859	+	21
	1860	+	22
	1861	+	23
	1862	+	24
	1863	+	25
	1864	+	26
	1865	+	27
	1866	+	28
	1867	+	29
	1868	+	30
	1869	+	31
	1870	+	32
	1871	+	33
	1872	+	34
	1873	+	35
	1874	+	36
	1875	+	37
	1876	+	38
	1877	+	39
	1878	+	40
	1879	+	41
	1880	+	42
	1881	+	43 HB 2332 23
	1882	+	game animal.
975	1883		(h) "Game bird" means any grouse, partridge, pheasant, prairie
976	1884		chicken or quail.
977	1885		(i) "Hunt" means:
978	1886		(1) Take, in any manner, any wildlife other than a fish, bullfrog,
979	1887		furbearing animal or coyote; or
980	1888		(2) take, in any manner other than by trapping, any coyote.
981	1889		(j) "Motor vehicle" means a vehicle, other than a motorized
982	1890		wheelchair or electric-assisted bicycle, that is self-propelled.
983	1891		(k) "Motorized wheelchair" means any self-propelled vehicle
984	1892		designed specifically for use by a physically disabled person that is
985	1893		incapable of a speed in excess of 15 miles per hour.
986	1894		(l) "Nonresident" means any person who has not been a bona fide
987	1895		resident of this state for the immediately preceding 60 days.
988	1896		(m) "On a commercial basis" means for valuable consideration.
989		-	(n) "Person" means any individual or any unincorporated
990		-	~~association,~~ trust, partnership, public or private corporation or
991		-	~~governmental entity,~~ including foreign governments, or any officer,
992		-	~~employee, agent or agency~~ thereof.
	1897	+	(n) "Person" means any individual or any unincorporated association,
	1898	+	trust, partnership, public or private corporation or governmental entity,
	1899	+	including foreign governments, or any officer, employee, agent or agency
	1900	+	thereof.
993	1901		(o) "Private water fishing impoundment" means one or more water
994	1902		impoundments:
995		-	(1) Constructed by man rather than natural, located wholly within
996		-	~~the~~ boundary of the lands owned or leased by the person operating the
997		-	~~private~~ water impoundments; and
	1903	+	(1) Constructed by man rather than natural, located wholly within the
	1904	+	boundary of the lands owned or leased by the person operating the private
	1905	+	water impoundments; and
998	1906		(2) entirely isolated from other surface water so that the
999	1907		impoundment does not have any connection either continuously or at
1000		-	intervals, except during periods of floods, with streams or other bodies
1001		-	of water so as to permit the fish to move between streams or other
1002		-	~~bodies of~~ water and the private water impoundments, except that the
1003		-	~~private water~~ impoundments may be connected with a stream or other
1004		-	~~body of water by~~ a pipe or conduit if fish will be prevented at all times
1005		-	~~from moving~~ between streams or other bodies of water and the private
1006		-	~~water~~ impoundment by screening the flow or by other means.
	1908	+	intervals, except during periods of floods, with streams or other bodies of
	1909	+	water so as to permit the fish to move between streams or other bodies of
	1910	+	water and the private water impoundments, except that the private water
	1911	+	impoundments may be connected with a stream or other body of water by
	1912	+	a pipe or conduit if fish will be prevented at all times from moving
	1913	+	between streams or other bodies of water and the private water
	1914	+	impoundment by screening the flow or by other means.
1007	1915		(p) "Resident" means any person who has maintained the person's
1008		-	place of permanent abode in this state for a period of 60 days ~~HOUSE BILL No. 2332—page 18~~
1009		-	~~immediately~~ preceding the person's application for any license, permit,
1010		-	~~stamp or other~~ issue of the department. Domiciliary intent is required to
1011		-	~~establish that a~~ person is maintaining the person's place or permanent
1012		-	~~abode in this state.~~ Mere ownership of property is not sufficient to
1013		-	~~establish domiciliary~~ intent. Evidence of domiciliary intent includes,
1014		-	~~without limitation, the~~ location where the person votes, pays personal
1015		-	~~income taxes or obtains a~~ driver's license.
	1916	+	place of permanent abode in this state for a period of 60 days immediately
	1917	+	preceding the person's application for any license, permit, stamp or other
	1918	+	issue of the department. Domiciliary intent is required to establish that a
	1919	+	person is maintaining the person's place or permanent abode in this state.
	1920	+	Mere ownership of property is not sufficient to establish domiciliary
	1921	+	intent. Evidence of domiciliary intent includes, without limitation, the
	1922	+	location where the person votes, pays personal income taxes or obtains a
	1923	+	driver's license.
1016	1924		(q) "Secretary" means the secretary of wildlife and parks.
	1925	+	1
	1926	+	2
	1927	+	3
	1928	+	4
	1929	+	5
	1930	+	6
	1931	+	7
	1932	+	8
	1933	+	9
	1934	+	10
	1935	+	11
	1936	+	12
	1937	+	13
	1938	+	14
	1939	+	15
	1940	+	16
	1941	+	17
	1942	+	18
	1943	+	19
	1944	+	20
	1945	+	21
	1946	+	22
	1947	+	23
	1948	+	24
	1949	+	25
	1950	+	26
	1951	+	27
	1952	+	28
	1953	+	29
	1954	+	30
	1955	+	31
	1956	+	32
	1957	+	33
	1958	+	34
	1959	+	35
	1960	+	36
	1961	+	37
	1962	+	38
	1963	+	39
	1964	+	40
	1965	+	41
	1966	+	42
	1967	+	43 HB 2332 24
1017	1968		(r) "Small game" means any game bird, hare, rabbit or squirrel.
1018		-	(s) "Species" includes any subspecies of wildlife and any other
1019		-	~~group~~ of wildlife of the same species or smaller taxa in common spatial
	1969	+	(s) "Species" includes any subspecies of wildlife and any other group
	1970	+	of wildlife of the same species or smaller taxa in common spatial
1020	1971		arrangement that interbreed when mature.
1021	1972		(t) "Take" means harass, harm, pursue, shoot, wound, kill, molest,
1022	1973		trap, capture, collect, catch, possess or otherwise take, or attempt to
1023	1974		engage in any such conduct.
1024	1975		(u) (1) "Wildlife" means any member of the animal kingdom,
1025		-	including, without limitation, any mammal, fish, bird, amphibian,
1026		-	reptile, mollusk, crustacean, arthropod or other invertebrate, and
1027		-	includes any part, product, egg or offspring thereof, or the dead body or
1028		-	parts thereof.
1029		-	(2) "Wildlife" does not include agricultural livestock, including,
1030		-	but not limited to, cattle, swine, sheep, goats, horses, mules and other
1031		-	equines, and poultry, including, but not limited to, domestic chickens,
1032		-	turkeys and guinea fowl.
1033		-	Sec. 24. K.S.A. 32-801 is hereby amended to read as follows: 32-
1034		-	801. (a) In order to reorganize the administration, planning and
1035		-	regulation of the state's parks, wildlife and other natural resources,
1036		-	there is hereby established within the executive branch of government
1037		-	the Kansas department of wildlife, and parks and tourism, which shall
1038		-	be administered under the direction and supervision of a secretary of
1039		-	wildlife, and parks and tourism who shall be appointed by the
1040		-	governor, with the consent of the senate as provided in K.S.A. 75-
1041		-	4315b, and amendments thereto. Except as provided by K.S.A. 46-
1042		-	2601, and amendments thereto, no person appointed as secretary shall
1043		-	exercise any power, duty or function as secretary until confirmed by the
1044		-	senate.
1045		-	(b) The secretary shall be fully qualified by education, training
1046		-	and experience in wildlife, parks or natural resources, or a related field,
1047		-	and shall have a demonstrated executive and administrative ability to
1048		-	discharge the duties of the office of secretary. The secretary shall serve
1049		-	at the pleasure of the governor. The secretary shall be in the
1050		-	unclassified service under the Kansas civil service act and shall receive
1051		-	an annual salary to be fixed by the governor.
	1976	+	including, without limitation, any mammal, fish, bird, amphibian, reptile,
	1977	+	mollusk, crustacean, arthropod or other invertebrate, and includes any part,
	1978	+	product, egg or offspring thereof, or the dead body or parts thereof.
	1979	+	(2) "Wildlife" does not include agricultural livestock, including, but
	1980	+	not limited to, cattle, swine, sheep, goats, horses, mules and other equines,
	1981	+	and poultry, including, but not limited to, domestic chickens, turkeys and
	1982	+	guinea fowl.
	1983	+	Sec. 24. K.S.A. 32-801 is hereby amended to read as follows: 32-801.
	1984	+	(a) In order to reorganize the administration, planning and regulation of the
	1985	+	state's parks, wildlife and other natural resources, there is hereby
	1986	+	established within the executive branch of government the Kansas
	1987	+	department of wildlife, and parks and tourism, which shall be administered
	1988	+	under the direction and supervision of a secretary of wildlife, and parks
	1989	+	and tourism who shall be appointed by the governor, with the consent of
	1990	+	the senate as provided in K.S.A. 75-4315b, and amendments thereto.
	1991	+	Except as provided by K.S.A. 46-2601, and amendments thereto, no
	1992	+	person appointed as secretary shall exercise any power, duty or function as
	1993	+	secretary until confirmed by the senate.
	1994	+	(b) The secretary shall be fully qualified by education, training and
	1995	+	experience in wildlife, parks or natural resources, or a related field, and
	1996	+	shall have a demonstrated executive and administrative ability to discharge
	1997	+	the duties of the office of secretary. The secretary shall serve at the
	1998	+	pleasure of the governor. The secretary shall be in the unclassified service
	1999	+	under the Kansas civil service act and shall receive an annual salary to be
	2000	+	fixed by the governor.
1052	2001		(c) The provisions of the Kansas governmental operations
1053		-	accountability law apply to the Kansas department of wildlife, and
1054		-	parks and tourism, and the department is subject to audit, review and
1055		-	evaluation under such law.
1056		-	Sec. 25. K.S.A. 32-802 is hereby amended to read as follows: 32-
1057		-	802. (a) The secretary of wildlife and parks shall appoint an assistant
1058		-	secretary for administration, an assistant secretary for wildlife, fisheries
1059		-	and boating and an assistant secretary for parks and tourism operations.
1060		-	The assistant secretary for administration shall be fully qualified by
1061		-	education, training and experience in administration. The assistant
1062		-	secretary for wildlife, fisheries and boating operations shall be fully
1063		-	qualified by education, training and experience in wildlife, natural
1064		-	resources or a related field. The assistant secretary for parks and
1065		-	tourism shall be fully qualified by education, training and experience in
1066		-	parks, tourism or related field. All assistant secretaries shall have a
1067		-	demonstrated executive and administrative ability to discharge the HOUSE BILL No. 2332—page 19
1068		-	duties of the office of assistant secretary. The assistant secretaries shall
1069		-	serve at the pleasure of the secretary. The assistant secretaries shall be
1070		-	in the unclassified service under the Kansas civil service act and shall
1071		-	receive an annual salary fixed by the secretary with the approval of the
1072		-	governor. The secretary also may appoint such other staff assistants and
1073		-	employees as are necessary to enable the secretary to carry out the
1074		-	duties of the office. Except as otherwise provided in this section,
1075		-	K.S.A. 75-2935 and 32-801, and amendments thereto, such staff
1076		-	assistants and employees shall be within the classified service under the
1077		-	Kansas civil service act.
	2002	+	accountability law apply to the Kansas department of wildlife, and parks
	2003	+	and tourism, and the department is subject to audit, review and evaluation
	2004	+	under such law.
	2005	+	Sec. 25. K.S.A. 32-802 is hereby amended to read as follows: 32-802.
	2006	+	(a) The secretary of wildlife and parks shall appoint an assistant secretary
	2007	+	for administration, an assistant secretary for wildlife, fisheries and boating
	2008	+	and an assistant secretary for parks and tourism operations. The assistant
	2009	+	secretary for administration shall be fully qualified by education, training
	2010	+	and experience in administration. The assistant secretary for wildlife,
	2011	+	1
	2012	+	2
	2013	+	3
	2014	+	4
	2015	+	5
	2016	+	6
	2017	+	7
	2018	+	8
	2019	+	9
	2020	+	10
	2021	+	11
	2022	+	12
	2023	+	13
	2024	+	14
	2025	+	15
	2026	+	16
	2027	+	17
	2028	+	18
	2029	+	19
	2030	+	20
	2031	+	21
	2032	+	22
	2033	+	23
	2034	+	24
	2035	+	25
	2036	+	26
	2037	+	27
	2038	+	28
	2039	+	29
	2040	+	30
	2041	+	31
	2042	+	32
	2043	+	33
	2044	+	34
	2045	+	35
	2046	+	36
	2047	+	37
	2048	+	38
	2049	+	39
	2050	+	40
	2051	+	41
	2052	+	42
	2053	+	43 HB 2332 25
	2054	+	fisheries and boating operations shall be fully qualified by education,
	2055	+	training and experience in wildlife, natural resources or a related field. The
	2056	+	assistant secretary for parks and tourism shall be fully qualified by
	2057	+	education, training and experience in parks, tourism or related field. All
	2058	+	assistant secretaries shall have a demonstrated executive and
	2059	+	administrative ability to discharge the duties of the office of assistant
	2060	+	secretary. The assistant secretaries shall serve at the pleasure of the
	2061	+	secretary. The assistant secretaries shall be in the unclassified service
	2062	+	under the Kansas civil service act and shall receive an annual salary fixed
	2063	+	by the secretary with the approval of the governor. The secretary also may
	2064	+	appoint such other staff assistants and employees as are necessary to
	2065	+	enable the secretary to carry out the duties of the office. Except as
	2066	+	otherwise provided in this section, K.S.A. 75-2935 and 32-801, and
	2067	+	amendments thereto, such staff assistants and employees shall be within
	2068	+	the classified service under the Kansas civil service act.
1078	2069		(b) The assistant secretaries and such other staff assistants and
1079		-	employees shall have such powers, duties and functions as are assigned
1080		-	to them by the secretary or are prescribed by law. The assistant
1081		-	secretaries, staff assistants and employees shall act for and exercise the
1082		-	powers of the secretary to the extent authority to do so is delegated by
1083		-	the secretary.
1084		-	(c) The assistant secretary for administration shall maintain an
1085		-	office in Shawnee county, Kansas. The assistant secretary for wildlife,
1086		-	fisheries and boating operations shall maintain an office in Pratt
1087		-	county, Kansas. The assistant secretary for parks and tourism shall
1088		-	maintain an office in Shawnee county, Kansas. The secretary may
1089		-	maintain offices and facilities to carry out the functions of the
1090		-	department in other locations in this state.
1091		-	(d) The secretary shall supervise the wildtrust program which shall
1092		-	be responsible for the receipt and expenditure of moneys through gifts
1093		-	and donations.
1094		-	Sec. 26. K.S.A. 32-805 is hereby amended to read as follows: 32-
1095		-	805. (a) There is hereby created within and as a part of the department
1096		-	the Kansas wildlife, and parks and tourism commission which, and
1097		-	such commission shall be composed of seven members. The governor
1098		-	shall appoint residents of this state to be members of the commission.
1099		-	One member of the commission shall be chosen from each fish and
1100		-	wildlife administration region as established by the department. In the
1101		-	appointment of members of the commission, the governor shall give
1102		-	consideration to the appointment of licensed hunters, fishermen and
1103		-	furharvesters, park users and to nonconsumptive users of wildlife and
1104		-	park resources. No more than a majority of the members shall be of the
1105		-	same political party. Each member of the commission shall hold office
1106		-	for a term of four years and until a successor is appointed and qualified,
1107		-	except that in appointing the original commission members, the
1108		-	governor shall designate one member for a term ending July 1, 1988,
1109		-	one member for a term ending July 1, 1989, and two members for
1110		-	terms ending July 1, 1990. The governor shall fill any vacancy on the
1111		-	commission prior to the expiration of a term by appointment for the
1112		-	unexpired term.
1113		-	(b) Each member of the commission shall take and subscribe an
1114		-	oath or affirmation as required by law before taking office.
1115		-	(c) The governor may remove a commissioner after opportunity
1116		-	for a hearing in accordance with the provisions of the Kansas
1117		-	administrative procedure act. If the commissioner is removed, the
1118		-	governor shall file in the office of the secretary of state a complete
1119		-	statement of all charges made against such commissioner and the
1120		-	governor's findings thereon, together with a complete record of the
1121		-	proceedings.
1122		-	(d) The commission shall have such powers, duties and functions
1123		-	as prescribed by law. Other than rules and regulations pertaining to
1124		-	personnel matters of the department, the secretary shall submit to the
1125		-	commission all proposed rules and regulations. The commission shall
1126		-	either approve, modify and approve, or reject such proposed rules and HOUSE BILL No. 2332—page 20
1127		-	regulations. The secretary shall adopt such rules and regulations so
1128		-	approved or so modified and approved. Fees established for licenses,
1129		-	permits, stamps and other issues of the department shall be subject to
1130		-	the approval of the commission. It also shall be the duty of the
1131		-	commission to serve in an advisory capacity to the governor and the
1132		-	secretary in the formulation of policies and plans relating to the
1133		-	department.
1134		-	(e) The governor shall designate one commission member to serve
1135		-	as chairperson of the commission. Members of the commission
1136		-	attending meetings of the commission, or attending a subcommittee
1137		-	meeting thereof authorized by the commission, shall be paid
1138		-	compensation, subsistence allowances, mileage and other expenses as
1139		-	provided in K.S.A. 75-3223, and amendments thereto. A majority of the
1140		-	members of the commission shall constitute a quorum for the
1141		-	transaction of business. Meetings may be called by the chairperson and
1142		-	shall be called on the request of a majority of the members of the
1143		-	commission.
1144		-	Sec. 27. K.S.A. 32-806 is hereby amended to read as follows: 32-
1145		-	806. The secretary of wildlife, and parks and tourism may organize the
1146		-	Kansas department of wildlife, and parks and tourism in the manner the
1147		-	secretary deems most efficient, so long as the same is not in conflict
1148		-	with the provisions of this order or with the provisions of law, and the
1149		-	secretary may establish policies governing the transaction of business
1150		-	of the department and the administration of the department. The
1151		-	secretary shall cause any compensation received by the Kansas
1152		-	department of wildlife, and parks and tourism, whether monetary, in-
1153		-	kind or otherwise, from leases of real property under the control and
1154		-	jurisdiction of the secretary to be accounted for and reflected in the
1155		-	budget of the Kansas department of wildlife, and parks and tourism.
1156		-	Sec. 28. K.S.A. 32-807 is hereby amended to read as follows: 32-
1157		-	807. The secretary of wildlife and parks shall have the power to:
	2070	+	employees shall have such powers, duties and functions as are assigned to
	2071	+	them by the secretary or are prescribed by law. The assistant secretaries,
	2072	+	staff assistants and employees shall act for and exercise the powers of the
	2073	+	secretary to the extent authority to do so is delegated by the secretary.
	2074	+	(c) The assistant secretary for administration shall maintain an office
	2075	+	in Shawnee county, Kansas. The assistant secretary for wildlife, fisheries
	2076	+	and boating operations shall maintain an office in Pratt county, Kansas.
	2077	+	The assistant secretary for parks and tourism shall maintain an office in
	2078	+	Shawnee county, Kansas. The secretary may maintain offices and facilities
	2079	+	to carry out the functions of the department in other locations in this state.
	2080	+	(d) The secretary shall supervise the wildtrust program which shall be
	2081	+	responsible for the receipt and expenditure of moneys through gifts and
	2082	+	donations.
	2083	+	Sec. 26. K.S.A. 32-805 is hereby amended to read as follows: 32-805.
	2084	+	(a) There is hereby created within and as a part of the department the
	2085	+	Kansas wildlife, and parks and tourism commission which, and such
	2086	+	commission shall be composed of seven members. The governor shall
	2087	+	appoint residents of this state to be members of the commission. One
	2088	+	member of the commission shall be chosen from each fish and wildlife
	2089	+	administration region as established by the department. In the appointment
	2090	+	of members of the commission, the governor shall give consideration to
	2091	+	the appointment of licensed hunters, fishermen and furharvesters, park
	2092	+	users and to nonconsumptive users of wildlife and park resources. No
	2093	+	more than a majority of the members shall be of the same political party.
	2094	+	Each member of the commission shall hold office for a term of four years
	2095	+	and until a successor is appointed and qualified, except that in appointing
	2096	+	the original commission members, the governor shall designate one
	2097	+	1
	2098	+	2
	2099	+	3
	2100	+	4
	2101	+	5
	2102	+	6
	2103	+	7
	2104	+	8
	2105	+	9
	2106	+	10
	2107	+	11
	2108	+	12
	2109	+	13
	2110	+	14
	2111	+	15
	2112	+	16
	2113	+	17
	2114	+	18
	2115	+	19
	2116	+	20
	2117	+	21
	2118	+	22
	2119	+	23
	2120	+	24
	2121	+	25
	2122	+	26
	2123	+	27
	2124	+	28
	2125	+	29
	2126	+	30
	2127	+	31
	2128	+	32
	2129	+	33
	2130	+	34
	2131	+	35
	2132	+	36
	2133	+	37
	2134	+	38
	2135	+	39
	2136	+	40
	2137	+	41
	2138	+	42
	2139	+	43 HB 2332 26
	2140	+	member for a term ending July 1, 1988, one member for a term ending
	2141	+	July 1, 1989, and two members for terms ending July 1, 1990. The
	2142	+	governor shall fill any vacancy on the commission prior to the expiration
	2143	+	of a term by appointment for the unexpired term.
	2144	+	(b) Each member of the commission shall take and subscribe an oath
	2145	+	or affirmation as required by law before taking office.
	2146	+	(c) The governor may remove a commissioner after opportunity for a
	2147	+	hearing in accordance with the provisions of the Kansas administrative
	2148	+	procedure act. If the commissioner is removed, the governor shall file in
	2149	+	the office of the secretary of state a complete statement of all charges made
	2150	+	against such commissioner and the governor's findings thereon, together
	2151	+	with a complete record of the proceedings.
	2152	+	(d) The commission shall have such powers, duties and functions as
	2153	+	prescribed by law. Other than rules and regulations pertaining to personnel
	2154	+	matters of the department, the secretary shall submit to the commission all
	2155	+	proposed rules and regulations. The commission shall either approve,
	2156	+	modify and approve, or reject such proposed rules and regulations. The
	2157	+	secretary shall adopt such rules and regulations so approved or so modified
	2158	+	and approved. Fees established for licenses, permits, stamps and other
	2159	+	issues of the department shall be subject to the approval of the
	2160	+	commission. It also shall be the duty of the commission to serve in an
	2161	+	advisory capacity to the governor and the secretary in the formulation of
	2162	+	policies and plans relating to the department.
	2163	+	(e) The governor shall designate one commission member to serve as
	2164	+	chairperson of the commission. Members of the commission attending
	2165	+	meetings of the commission, or attending a subcommittee meeting thereof
	2166	+	authorized by the commission, shall be paid compensation, subsistence
	2167	+	allowances, mileage and other expenses as provided in K.S.A. 75-3223,
	2168	+	and amendments thereto. A majority of the members of the commission
	2169	+	shall constitute a quorum for the transaction of business. Meetings may be
	2170	+	called by the chairperson and shall be called on the request of a majority of
	2171	+	the members of the commission.
	2172	+	Sec. 27. K.S.A. 32-806 is hereby amended to read as follows: 32-806.
	2173	+	The secretary of wildlife, and parks and tourism may organize the Kansas
	2174	+	department of wildlife, and parks and tourism in the manner the secretary
	2175	+	deems most efficient, so long as the same is not in conflict with the
	2176	+	provisions of this order or with the provisions of law, and the secretary
	2177	+	may establish policies governing the transaction of business of the
	2178	+	department and the administration of the department. The secretary shall
	2179	+	cause any compensation received by the Kansas department of wildlife,
	2180	+	and parks and tourism, whether monetary, in-kind or otherwise, from
	2181	+	leases of real property under the control and jurisdiction of the secretary to
	2182	+	be accounted for and reflected in the budget of the Kansas department of
	2183	+	1
	2184	+	2
	2185	+	3
	2186	+	4
	2187	+	5
	2188	+	6
	2189	+	7
	2190	+	8
	2191	+	9
	2192	+	10
	2193	+	11
	2194	+	12
	2195	+	13
	2196	+	14
	2197	+	15
	2198	+	16
	2199	+	17
	2200	+	18
	2201	+	19
	2202	+	20
	2203	+	21
	2204	+	22
	2205	+	23
	2206	+	24
	2207	+	25
	2208	+	26
	2209	+	27
	2210	+	28
	2211	+	29
	2212	+	30
	2213	+	31
	2214	+	32
	2215	+	33
	2216	+	34
	2217	+	35
	2218	+	36
	2219	+	37
	2220	+	38
	2221	+	39
	2222	+	40
	2223	+	41
	2224	+	42
	2225	+	43 HB 2332 27
	2226	+	wildlife, and parks and tourism.
	2227	+	Sec. 28. K.S.A. 32-807 is hereby amended to read as follows: 32-807.
	2228	+	The secretary of wildlife and parks shall have the power to:
1158	2229		(a) Adopt, in accordance with K.S.A. 32-805, and amendments
1159		-	thereto, such rules and regulations as necessary to implement,
1160		-	~~administer~~ and enforce the provisions of the wildlife, and parks and
1161		-	~~tourism laws of~~ this state;
	2230	+	thereto, such rules and regulations as necessary to implement, administer
	2231	+	and enforce the provisions of the wildlife, and parks and tourism laws of
	2232	+	this state;
1162	2233		(b) enter into such contracts and agreements as necessary or
1163	2234		incidental to the performance of the powers and duties of the secretary;
1164	2235		(c) employ or contract for, and fix the compensation of, consulting
1165		-	engineers, attorneys, accountants and construction and financial
1166		-	~~experts,~~ all of whom shall be in the unclassified service under the
1167		-	~~Kansas civil~~ service act;
	2236	+	engineers, attorneys, accountants and construction and financial experts,
	2237	+	all of whom shall be in the unclassified service under the Kansas civil
	2238	+	service act;
1168	2239		(d) designate an official seal and alter it at the secretary's pleasure;
1169	2240		(e) sue, be sued, plead and be impleaded in the name of the
1170	2241		department;
1171	2242		(f) purchase, lease, accept gifts or grants of or otherwise acquire in
1172	2243		the name of the state such water, water rights, easements, facilities,
1173	2244		equipment, moneys and other real and personal property, and interests
1174	2245		therein, including any property abandoned on department lands and
1175		-	waters, and maintain, improve, extend, consolidate, exchange and
1176		-	dispose of such property, as the secretary deems appropriate to carry
1177		-	out the intent and purposes of the wildlife, and parks and tourism laws
1178		-	of this state;
1179		-	(g) acquire, establish, develop, construct, maintain and improve
1180		-	state parks, state lakes, recreational grounds, wildlife areas and
1181		-	sanctuaries, fish hatcheries, natural areas, physical structures, dams,
1182		-	lakes, reservoirs, embankments for impounding water, roads,
1183		-	landscaping, habitats, vegetation and other property, improvements and
1184		-	facilities for the purposes of wildlife management, preservation of
1185		-	natural areas and historic sites and providing recreational or cultural HOUSE BILL No. 2332—page 21
1186		-	opportunities and facilities to the public and for such other purposes as
1187		-	suitable to carry out the intent and purposes of wildlife, and parks and
1188		-	tourism laws of this state;
1189		-	(h) operate and regulate the use of state parks, state lakes,
1190		-	recreational grounds, wildlife areas and sanctuaries, fish hatcheries,
1191		-	natural areas, historic sites and other lands, waters and facilities under
1192		-	the jurisdiction and control of the secretary, so as to promote the public
1193		-	health, safety and decency and the purposes for which such lands,
1194		-	waters and facilities are maintained and operated and to protect and
1195		-	safeguard such lands, waters and facilities, including but not limited to:
1196		-	(1) Regulating the demeanor, actions and activities of persons
1197		-	using or within such lands, waters and facilities;
1198		-	(2) providing for the inspection of boats, the issuance of permits
1199		-	for operation of watercraft of all kinds and the charging and collection
1200		-	of fees for the inspection and operation of such craft;
1201		-	(3) prescribing the type, style, location and equipment of all
1202		-	wharves, docks, anchorages, pavilions, restaurants and other structures
1203		-	or buildings which that may be constructed along the shores or upon
1204		-	the water of any body of water or land controlled by the department,
1205		-	and providing for the licensing, inspection and supervision of such
1206		-	structures or buildings;
1207		-	(4) granting and imposing charges for permits and for all
1208		-	commercial uses or purposes for which any of the properties of the
1209		-	department may be used;
	2246	+	waters, and maintain, improve, extend, consolidate, exchange and dispose
	2247	+	of such property, as the secretary deems appropriate to carry out the intent
	2248	+	and purposes of the wildlife, and parks and tourism laws of this state;
	2249	+	(g) acquire, establish, develop, construct, maintain and improve state
	2250	+	parks, state lakes, recreational grounds, wildlife areas and sanctuaries, fish
	2251	+	hatcheries, natural areas, physical structures, dams, lakes, reservoirs,
	2252	+	embankments for impounding water, roads, landscaping, habitats,
	2253	+	vegetation and other property, improvements and facilities for the purposes
	2254	+	of wildlife management, preservation of natural areas and historic sites and
	2255	+	providing recreational or cultural opportunities and facilities to the public
	2256	+	and for such other purposes as suitable to carry out the intent and purposes
	2257	+	of wildlife, and parks and tourism laws of this state;
	2258	+	(h) operate and regulate the use of state parks, state lakes, recreational
	2259	+	grounds, wildlife areas and sanctuaries, fish hatcheries, natural areas,
	2260	+	historic sites and other lands, waters and facilities under the jurisdiction
	2261	+	and control of the secretary, so as to promote the public health, safety and
	2262	+	decency and the purposes for which such lands, waters and facilities are
	2263	+	maintained and operated and to protect and safeguard such lands, waters
	2264	+	and facilities, including but not limited to:
	2265	+	(1) Regulating the demeanor, actions and activities of persons using
	2266	+	or within such lands, waters and facilities;
	2267	+	(2) providing for the inspection of boats, the issuance of permits for
	2268	+	operation of watercraft of all kinds and the charging and collection of fees
	2269	+	1
	2270	+	2
	2271	+	3
	2272	+	4
	2273	+	5
	2274	+	6
	2275	+	7
	2276	+	8
	2277	+	9
	2278	+	10
	2279	+	11
	2280	+	12
	2281	+	13
	2282	+	14
	2283	+	15
	2284	+	16
	2285	+	17
	2286	+	18
	2287	+	19
	2288	+	20
	2289	+	21
	2290	+	22
	2291	+	23
	2292	+	24
	2293	+	25
	2294	+	26
	2295	+	27
	2296	+	28
	2297	+	29
	2298	+	30
	2299	+	31
	2300	+	32
	2301	+	33
	2302	+	34
	2303	+	35
	2304	+	36
	2305	+	37
	2306	+	38
	2307	+	39
	2308	+	40
	2309	+	41
	2310	+	42
	2311	+	43 HB 2332 28
	2312	+	for the inspection and operation of such craft;
	2313	+	(3) prescribing the type, style, location and equipment of all wharves,
	2314	+	docks, anchorages, pavilions, restaurants and other structures or buildings
	2315	+	which that may be constructed along the shores or upon the water of any
	2316	+	body of water or land controlled by the department, and providing for the
	2317	+	licensing, inspection and supervision of such structures or buildings;
	2318	+	(4) granting and imposing charges for permits and for all commercial
	2319	+	uses or purposes for which any of the properties of the department may be
	2320	+	used;
1210	2321		(5) charging fees to use special facilities provided for the public or
1211	2322		giving written authorization to lessees of the department to charge such
1212	2323		fees; and
1213		-	(6) operating, renting or leasing any such lands, waters and
1214		-	~~facilities~~ which in the judgment of the secretary are necessary or
1215		-	~~desirable for the~~ use and pleasure of visitors or for management of such
1216		-	~~lands, waters and~~ facilities and fixing and collecting reasonable fees,
1217		-	~~tolls, rentals and~~ charges for the use or operation thereof. All contracts
1218		-	~~or leases for the~~ exercise of any concession shall be entered into only
1219		-	~~upon the basis of~~ sealed proposals which that shall be made and let by
1220		-	~~the secretary except~~ that:
1221		-	(A) Where a concessionaire has an existing lease with the
1222		-	~~secretary or~~ any agency of the federal government which that the
1223		-	~~secretary desires to~~ renew, renegotiate or acquire and sublease, such
1224		-	~~lease or sublease may be~~ negotiated directly in accordance with rules
1225		-	~~and regulations of the~~ secretary and without compliance with the
1226		-	~~requirements hereinbefore~~ specified of this paragraph;
	2324	+	(6) operating, renting or leasing any such lands, waters and facilities
	2325	+	which in the judgment of the secretary are necessary or desirable for the
	2326	+	use and pleasure of visitors or for management of such lands, waters and
	2327	+	facilities and fixing and collecting reasonable fees, tolls, rentals and
	2328	+	charges for the use or operation thereof. All contracts or leases for the
	2329	+	exercise of any concession shall be entered into only upon the basis of
	2330	+	sealed proposals which that shall be made and let by the secretary except
	2331	+	that:
	2332	+	(A) Where a concessionaire has an existing lease with the secretary or
	2333	+	any agency of the federal government which that the secretary desires to
	2334	+	renew, renegotiate or acquire and sublease, such lease or sublease may be
	2335	+	negotiated directly in accordance with rules and regulations of the
	2336	+	secretary and without compliance with the requirements hereinbefore
	2337	+	specified of this paragraph;
1227	2338		(B) any such contract or lease for a term of 30 days or less may be
1228		-	made by the secretary directly in accordance with rules and regulations
1229		-	of the secretary; and
	2339	+	made by the secretary directly in accordance with rules and regulations of
	2340	+	the secretary; and
1230	2341		(C) the secretary shall have authority to reject any or all proposals;
1231		-	(i) have exclusive administrative control over state parks, state
1232		-	lakes, recreational areas, wildlife areas and sanctuaries, fish hatcheries,
1233		-	natural areas and other lands, waters and facilities under the jurisdiction
1234		-	of the secretary;
1235		-	(j) provide for protection against fire and storm damage to the
1236		-	lands, waters and facilities under the jurisdiction of the secretary;
1237		-	(k) contract with the federal government pursuant to public law
1238		-	89-72 in order to acquire land by purchase, lease, agreement or
1239		-	otherwise on El Dorado and Hillsdale reservoir project lands;
1240		-	(l) apply for, receive and accept from any federal agency any
1241		-	federal grants available for the purposes of the wildlife, and parks and
1242		-	tourism laws of this state;
1243		-	(m) have authority, control and jurisdiction over all matters
1244		-	relating to the development and conservation of wildlife and recreation HOUSE BILL No. 2332—page 22
1245		-	resources of the state insofar as it pertains to forests, woodlands, public
1246		-	lands, submarginal lands, prevention of soil erosion, habitats and the
1247		-	control and utilization of waters, including all lakes, streams, reservoirs
1248		-	and dams, except that this subsection shall not prohibit any political
1249		-	subdivision of the state or private corporation from having full control
1250		-	of any lake now constructed and owned by it;
	2342	+	(i) have exclusive administrative control over state parks, state lakes,
	2343	+	recreational areas, wildlife areas and sanctuaries, fish hatcheries, natural
	2344	+	areas and other lands, waters and facilities under the jurisdiction of the
	2345	+	secretary;
	2346	+	(j) provide for protection against fire and storm damage to the lands,
	2347	+	waters and facilities under the jurisdiction of the secretary;
	2348	+	(k) contract with the federal government pursuant to public law 89-72
	2349	+	in order to acquire land by purchase, lease, agreement or otherwise on El
	2350	+	Dorado and Hillsdale reservoir project lands;
	2351	+	(l) apply for, receive and accept from any federal agency any federal
	2352	+	grants available for the purposes of the wildlife, and parks and tourism
	2353	+	laws of this state;
	2354	+	(m) have authority, control and jurisdiction over all matters relating to
	2355	+	1
	2356	+	2
	2357	+	3
	2358	+	4
	2359	+	5
	2360	+	6
	2361	+	7
	2362	+	8
	2363	+	9
	2364	+	10
	2365	+	11
	2366	+	12
	2367	+	13
	2368	+	14
	2369	+	15
	2370	+	16
	2371	+	17
	2372	+	18
	2373	+	19
	2374	+	20
	2375	+	21
	2376	+	22
	2377	+	23
	2378	+	24
	2379	+	25
	2380	+	26
	2381	+	27
	2382	+	28
	2383	+	29
	2384	+	30
	2385	+	31
	2386	+	32
	2387	+	33
	2388	+	34
	2389	+	35
	2390	+	36
	2391	+	37
	2392	+	38
	2393	+	39
	2394	+	40
	2395	+	41
	2396	+	42
	2397	+	43 HB 2332 29
	2398	+	the development and conservation of wildlife and recreation resources of
	2399	+	the state insofar as it pertains to forests, woodlands, public lands,
	2400	+	submarginal lands, prevention of soil erosion, habitats and the control and
	2401	+	utilization of waters, including all lakes, streams, reservoirs and dams,
	2402	+	except that this subsection shall not prohibit any political subdivision of
	2403	+	the state or private corporation from having full control of any lake now
	2404	+	constructed and owned by it;
1251	2405		(n) conduct research in matters relating to the purposes of the
1252	2406		wildlife, and parks and tourism laws of this state and disseminate
1253	2407		information relating thereto for the public use and benefit;
1254	2408		(o) publicize to the citizens of this and other states the natural
1255	2409		resources and facilities existing in Kansas and encourage people to visit
1256		-	Kansas by disseminating available information as to the natural
1257		-	~~resources~~ and recreational advantages of the state;
	2410	+	Kansas by disseminating available information as to the natural resources
	2411	+	and recreational advantages of the state;
1258	2412		(p) develop public recreation as related to natural resources and
1259		-	implement a state recreational plan which that may include, but shall
1260		-	not be limited to, the general location, character and extent of state
1261		-	lands, waters and facilities for public recreational purposes and
1262		-	methods for better use of lands, waters and facilities which are within
1263		-	the scope of the plan or the purpose of the wildlife, and parks and
1264		-	tourism laws of this state but, before implementation of such plan or
1265		-	any part thereof, the secretary shall submit it to any state agency
1266		-	affected thereby for such agency's advice and recommendations;
1267		-	(q) provide for the preservation, protection, introduction,
1268		-	distribution, restocking and restoration of wildlife, and the public use
1269		-	thereof, in this state, including, but not limited to:
1270		-	(1) Establishing, by rules and regulations adopted in accordance
1271		-	with K.S.A. 32-805, and amendments thereto, open seasons when
1272		-	wildlife may be taken or transported in the state of Kansas, or in any
1273		-	part or area of the state designated by counties, major streams, federal
1274		-	impoundments or federal, state or county highways, or by other
1275		-	recognizable boundaries, which. Such open seasons may be established
1276		-	for a specified time in one year only or for a specified time in an
1277		-	indefinite number of years and which that open seasons on migratory
1278		-	birds shall not extend beyond or exceed those in effect under federal
1279		-	laws and regulations;
1280		-	(2) establishing, by rules and regulations adopted in accordance
1281		-	with K.S.A. 32-805, and amendments thereto, the number of wildlife
1282		-	which that may be taken by a person, as the legal limit for any one
1283		-	calendar day and for the open season, which. The limit on migratory
1284		-	fowl shall not extend beyond or exceed those limits in effect under
1285		-	federal laws and regulations;
1286		-	(3) establishing, by rules and regulations adopted in accordance
1287		-	with K.S.A. 32-805, and amendments thereto, the legal size limits of
1288		-	fish or frogs which that may be taken;
1289		-	(4) establishing, by rules and regulations adopted in accordance
1290		-	with K.S.A. 32-805, and amendments thereto, the conditions, procedure
1291		-	and rules under which any person may sell, purchase, buy, deal or trade
1292		-	in wildlife in the state of Kansas; and
1293		-	(5) capturing, propagating, transporting, selling, exchanging,
1294		-	giving or distributing any species of wildlife, by any means or manner,
1295		-	needed for stocking or restocking any lands or waters in this state,
1296		-	except that the power to capture any species of wildlife for any purpose
1297		-	shall not apply to private property except by permission of the owners
1298		-	of the property or in the case of an emergency threatening the public
1299		-	health or welfare;
	2413	+	implement a state recreational plan which that may include, but shall not
	2414	+	be limited to, the general location, character and extent of state lands,
	2415	+	waters and facilities for public recreational purposes and methods for
	2416	+	better use of lands, waters and facilities which are within the scope of the
	2417	+	plan or the purpose of the wildlife, and parks and tourism laws of this state
	2418	+	but, before implementation of such plan or any part thereof, the secretary
	2419	+	shall submit it to any state agency affected thereby for such agency's
	2420	+	advice and recommendations;
	2421	+	(q) provide for the preservation, protection, introduction, distribution,
	2422	+	restocking and restoration of wildlife, and the public use thereof, in this
	2423	+	state, including, but not limited to:
	2424	+	(1) Establishing, by rules and regulations adopted in accordance with
	2425	+	K.S.A. 32-805, and amendments thereto, open seasons when wildlife may
	2426	+	be taken or transported in the state of Kansas, or in any part or area of the
	2427	+	state designated by counties, major streams, federal impoundments or
	2428	+	federal, state or county highways, or by other recognizable boundaries,
	2429	+	which. Such open seasons may be established for a specified time in one
	2430	+	year only or for a specified time in an indefinite number of years and
	2431	+	which that open seasons on migratory birds shall not extend beyond or
	2432	+	exceed those in effect under federal laws and regulations;
	2433	+	(2) establishing, by rules and regulations adopted in accordance with
	2434	+	K.S.A. 32-805, and amendments thereto, the number of wildlife which
	2435	+	that may be taken by a person, as the legal limit for any one calendar day
	2436	+	and for the open season, which. The limit on migratory fowl shall not
	2437	+	extend beyond or exceed those limits in effect under federal laws and
	2438	+	regulations;
	2439	+	(3) establishing, by rules and regulations adopted in accordance with
	2440	+	K.S.A. 32-805, and amendments thereto, the legal size limits of fish or
	2441	+	1
	2442	+	2
	2443	+	3
	2444	+	4
	2445	+	5
	2446	+	6
	2447	+	7
	2448	+	8
	2449	+	9
	2450	+	10
	2451	+	11
	2452	+	12
	2453	+	13
	2454	+	14
	2455	+	15
	2456	+	16
	2457	+	17
	2458	+	18
	2459	+	19
	2460	+	20
	2461	+	21
	2462	+	22
	2463	+	23
	2464	+	24
	2465	+	25
	2466	+	26
	2467	+	27
	2468	+	28
	2469	+	29
	2470	+	30
	2471	+	31
	2472	+	32
	2473	+	33
	2474	+	34
	2475	+	35
	2476	+	36
	2477	+	37
	2478	+	38
	2479	+	39
	2480	+	40
	2481	+	41
	2482	+	42
	2483	+	43 HB 2332 30
	2484	+	frogs which that may be taken;
	2485	+	(4) establishing, by rules and regulations adopted in accordance with
	2486	+	K.S.A. 32-805, and amendments thereto, the conditions, procedure and
	2487	+	rules under which any person may sell, purchase, buy, deal or trade in
	2488	+	wildlife in the state of Kansas; and
	2489	+	(5) capturing, propagating, transporting, selling, exchanging, giving
	2490	+	or distributing any species of wildlife, by any means or manner, needed for
	2491	+	stocking or restocking any lands or waters in this state, except that the
	2492	+	power to capture any species of wildlife for any purpose shall not apply to
	2493	+	private property except by permission of the owners of the property or in
	2494	+	the case of an emergency threatening the public health or welfare;
1300	2495		(r) establish, by rules and regulations adopted in accordance with
1301		-	K.S.A. 32-805, and amendments thereto, the period of time that a
1302		-	license, permit, stamp or other issue of the department shall be in
1303		-	effect, unless such period is otherwise established by law, and HOUSE BILL No. 2332—page 23
1304		-	provisions for acceptance of any issue of the department before its
1305		-	effective date as a valid issue if the secretary determines such
1306		-	acceptance best serves the public good; and
1307		-	(s) do such other acts and things as necessary and proper to carry
1308		-	out the intent and purpose of the wildlife, and parks and tourism laws
1309		-	of this state and to better protect, conserve, control, use, increase,
1310		-	develop and provide for the enjoyment of the natural resources of this
1311		-	state.
1312		-	Sec. 29. K.S.A. 32-809 is hereby amended to read as follows: 32-
1313		-	809. (a) Unless otherwise provided by law, all moneys received from
	2496	+	K.S.A. 32-805, and amendments thereto, the period of time that a license,
	2497	+	permit, stamp or other issue of the department shall be in effect, unless
	2498	+	such period is otherwise established by law, and provisions for acceptance
	2499	+	of any issue of the department before its effective date as a valid issue if
	2500	+	the secretary determines such acceptance best serves the public good; and
	2501	+	(s) do such other acts and things as necessary and proper to carry out
	2502	+	the intent and purpose of the wildlife, and parks and tourism laws of this
	2503	+	state and to better protect, conserve, control, use, increase, develop and
	2504	+	provide for the enjoyment of the natural resources of this state.
	2505	+	Sec. 29. K.S.A. 32-809 is hereby amended to read as follows: 32-809.
	2506	+	(a) Unless otherwise provided by law, all moneys received from
1314	2507		agricultural production on state-owned property under the control and
1315	2508		jurisdiction of the secretary of wildlife, and parks and tourism shall be
1316	2509		remitted in accordance with the provisions of K.S.A. 75-4215, and
1317		-	amendments thereto, to the state treasurer. The state treasurer shall
1318		-	deposit the entire amount in the state treasury and credit it to the state
1319		-	agricultural production fund, which is hereby created in the state
1320		-	treasury.
1321		-	(b) The Kansas department of wildlife, and parks and tourism
1322		-	shall establish separate accounts of the state agricultural production
1323		-	fund for each state-owned property under the control and jurisdiction of
1324		-	the secretary of wildlife, and parks and tourism. Such accounts shall be
1325		-	used for costs and expenses associated with management practices as
	2510	+	amendments thereto, to the state treasurer. The state treasurer shall deposit
	2511	+	the entire amount in the state treasury and credit it to the state agricultural
	2512	+	production fund, which is hereby created in the state treasury.
	2513	+	(b) The Kansas department of wildlife, and parks and tourism shall
	2514	+	establish separate accounts of the state agricultural production fund for
	2515	+	each state-owned property under the control and jurisdiction of the
	2516	+	secretary of wildlife, and parks and tourism. Such accounts shall be used
	2517	+	for costs and expenses associated with management practices as
1326	2518		determined for each property.
1327		-	(c) All expenditures from the state agricultural production fund
1328		-	shall be made in accordance with appropriation acts upon warrants of
1329		-	the director of accounts and reports issued pursuant to vouchers
1330		-	approved by the secretary of wildlife, and parks and tourism.
1331		-	Sec. 30. K.S.A. 32-832 is hereby amended to read as follows: 32-
1332		-	832. (a) The Kansas department of wildlife, and parks and tourism is
1333		-	authorized to cooperate with and assist citizen-support organizations.
1334		-	For the purposes of this act, the term "citizen-support organization"
1335		-	means an organization which that:
	2519	+	(c) All expenditures from the state agricultural production fund shall
	2520	+	be made in accordance with appropriation acts upon warrants of the
	2521	+	director of accounts and reports issued pursuant to vouchers approved by
	2522	+	the secretary of wildlife, and parks and tourism.
	2523	+	Sec. 30. K.S.A. 32-832 is hereby amended to read as follows: 32-832.
	2524	+	(a) The Kansas department of wildlife, and parks and tourism is authorized
	2525	+	to cooperate with and assist citizen-support organizations. For the purposes
	2526	+	of this act, the term "citizen-support organization" means an organization
	2527	+	1
	2528	+	2
	2529	+	3
	2530	+	4
	2531	+	5
	2532	+	6
	2533	+	7
	2534	+	8
	2535	+	9
	2536	+	10
	2537	+	11
	2538	+	12
	2539	+	13
	2540	+	14
	2541	+	15
	2542	+	16
	2543	+	17
	2544	+	18
	2545	+	19
	2546	+	20
	2547	+	21
	2548	+	22
	2549	+	23
	2550	+	24
	2551	+	25
	2552	+	26
	2553	+	27
	2554	+	28
	2555	+	29
	2556	+	30
	2557	+	31
	2558	+	32
	2559	+	33
	2560	+	34
	2561	+	35
	2562	+	36
	2563	+	37
	2564	+	38
	2565	+	39
	2566	+	40
	2567	+	41
	2568	+	42
	2569	+	43 HB 2332 31
	2570	+	which that:
1336	2571		(1) Is a bona fide not-for-profit organization exempt from the
1337	2572		payment of federal income taxes pursuant to section 501(c)(3) of the
1338	2573		federal internal revenue code of 1986, as in effect on January 1, 1990;
1339	2574		(2) does not engage in, and has no officer, director or member who
1340		-	engages in, any prohibited transaction, as defined by section 503(b) of
1341		-	~~the~~ internal revenue code of 1986, as in effect on January 1, 1990;
	2575	+	engages in, any prohibited transaction, as defined by section 503(b) of the
	2576	+	internal revenue code of 1986, as in effect on January 1, 1990;
1342	2577		(3) is domiciled in this state;
1343		-	(4) the secretary determines its activities are conducted in a
1344		-	manner consistent with the goals, objectives and programs of the
1345		-	department and state policies as established by K.S.A. 32-702, and
1346		-	amendments thereto; and
1347		-	(5) provide equal employment and membership opportunities to
1348		-	all persons regardless of race, color, national origin, religion, sex or
1349		-	age.
	2578	+	(4) the secretary determines its activities are conducted in a manner
	2579	+	consistent with the goals, objectives and programs of the department and
	2580	+	state policies as established by K.S.A. 32-702, and amendments thereto;
	2581	+	and
	2582	+	(5) provide equal employment and membership opportunities to all
	2583	+	persons regardless of race, color, national origin, religion, sex or age.
1350	2584		(b) The secretary may assist organizers of a citizen-support
1351	2585		organization with its creation. The secretary may authorize any citizen-
1352	2586		support organization to use under such conditions as the secretary may
1353		-	prescribe, department property, facilities or personnel to pursue the
1354		-	~~goals,~~ objectives and purposes of the department.
	2587	+	prescribe, department property, facilities or personnel to pursue the goals,
	2588	+	objectives and purposes of the department.
1355	2589		(c) A citizen-support organization which that uses department
1356	2590		property, facilities or personnel shall provide for and disclose to the
1357	2591		secretary an annual audit of its financial records and accounts in such
1358	2592		manner and at such times as may be required by the secretary.
1359		-	(d) A citizen-support organization which that receives funding
1360		-	~~from~~ the department shall not use such funding for purposes of
1361		-	~~lobbying as~~ defined by K.S.A. 46-225, and amendments thereto.
1362		-	Sec. 31. K.S.A. 32-833 is hereby amended to read as follows: 32- ~~HOUSE BILL No~~. ~~2332—page 24~~
1363		-	~~833.~~ (a) (1) Notwithstanding the provisions of K.S.A. 32-807(f), and
	2593	+	(d) A citizen-support organization which that receives funding from
	2594	+	the department shall not use such funding for purposes of lobbying as
	2595	+	defined by K.S.A. 46-225, and amendments thereto.
	2596	+	Sec. 31. K.S.A. 32-833 is hereby amended to read as follows: 32-833.
	2597	+	(a) (1) Notwithstanding the provisions of K.S.A. 32-807(f), and
1364	2598		amendments thereto, or any other provisions of law to the contrary, the
1365	2599		secretary of wildlife, and parks and tourism shall not purchase any land
1366	2600		unless the secretary of wildlife and parks:
1367		-	(A) The secretary of wildlife, parks and tourism Has certified that
1368		-	the land proposed to be purchased is in compliance with the provisions
1369		-	of article 13 of chapter 2 of the Kansas Statutes Annotated, and
1370		-	amendments thereto, concerning control and management of noxious
1371		-	weeds after consultation with the county weed supervisor and has
1372		-	developed a written plan for controlling and managing noxious weeds
1373		-	on the land to be purchased;
1374		-	(B) the secretary of wildlife, parks and tourism shall agree to
1375		-	make payment of moneys in lieu of taxes comparable to the ad valorem
1376		-	tax payments of surrounding lands for any land purchased which that is
1377		-	exempt from the payment of ad valorem taxes under the laws of the
1378		-	state of Kansas; and
	2601	+	(A) The secretary of wildlife, parks and tourism Has certified that the
	2602	+	land proposed to be purchased is in compliance with the provisions of
	2603	+	article 13 of chapter 2 of the Kansas Statutes Annotated, and amendments
	2604	+	thereto, concerning control and management of noxious weeds after
	2605	+	consultation with the county weed supervisor and has developed a written
	2606	+	plan for controlling and managing noxious weeds on the land to be
	2607	+	purchased;
	2608	+	(B) the secretary of wildlife, parks and tourism shall agree to make
	2609	+	payment of moneys in lieu of taxes comparable to the ad valorem tax
	2610	+	payments of surrounding lands for any land purchased which that is
	2611	+	exempt from the payment of ad valorem taxes under the laws of the state
	2612	+	of Kansas; and
	2613	+	1
	2614	+	2
	2615	+	3
	2616	+	4
	2617	+	5
	2618	+	6
	2619	+	7
	2620	+	8
	2621	+	9
	2622	+	10
	2623	+	11
	2624	+	12
	2625	+	13
	2626	+	14
	2627	+	15
	2628	+	16
	2629	+	17
	2630	+	18
	2631	+	19
	2632	+	20
	2633	+	21
	2634	+	22
	2635	+	23
	2636	+	24
	2637	+	25
	2638	+	26
	2639	+	27
	2640	+	28
	2641	+	29
	2642	+	30
	2643	+	31
	2644	+	32
	2645	+	33
	2646	+	34
	2647	+	35
	2648	+	36
	2649	+	37
	2650	+	38
	2651	+	39
	2652	+	40
	2653	+	41
	2654	+	42
	2655	+	43 HB 2332 32
1379	2656		(C) the secretary of wildlife, parks and tourism has developed a
1380	2657		management plan for the property proposed to be purchased.
1381	2658		(2) In addition to the requirements prescribed by this section and
1382		-	otherwise by law, any proposed purchase of a tract or tracts of land
1383		-	~~which~~ that are greater than 160 acres in the aggregate shall be subject
1384		-	~~to approval~~ by act of the legislature, either as a provision in an
1385		-	~~appropriation act~~ pertaining to the specific property to be purchased or
1386		-	~~by any other act of~~ the legislature that approves the acquisition of the
1387		-	~~specific property~~ proposed to be purchased, or by approval by the state
1388		-	~~finance council~~ acting on this matter which that is hereby characterized
1389		-	~~as a matter of~~ legislative delegation and subject to the guidelines
1390		-	~~prescribed in K.S.A.~~ 75-3711c(c), and amendments thereto.
1391		-	(3) The provisions of this subsection shall not apply to any
1392		-	~~purchase~~ of land by the secretary, which that is less than 640 acres in
1393		-	~~the aggregate~~ and owned by a private individual, if the purchase price is
1394		-	~~an amount less~~ than such land's appraised valuation.
	2659	+	otherwise by law, any proposed purchase of a tract or tracts of land which
	2660	+	that are greater than 160 acres in the aggregate shall be subject to approval
	2661	+	by act of the legislature, either as a provision in an appropriation act
	2662	+	pertaining to the specific property to be purchased or by any other act of
	2663	+	the legislature that approves the acquisition of the specific property
	2664	+	proposed to be purchased, or by approval by the state finance council
	2665	+	acting on this matter which that is hereby characterized as a matter of
	2666	+	legislative delegation and subject to the guidelines prescribed in K.S.A.
	2667	+	75-3711c(c), and amendments thereto.
	2668	+	(3) The provisions of this subsection shall not apply to any purchase
	2669	+	of land by the secretary, which that is less than 640 acres in the aggregate
	2670	+	and owned by a private individual, if the purchase price is an amount less
	2671	+	than such land's appraised valuation.
1395	2672		(b) (1) Notwithstanding the provisions of K.S.A. 32-807(f), and
1396	2673		amendments thereto, or any other provisions of law to the contrary, the
1397	2674		secretary of wildlife, and parks and tourism shall adopt guidelines and
1398		-	procedures prescribing public notice requirements that the secretary
1399		-	~~shall~~ comply with before the selling of any land which. Such guidelines
1400		-	~~and~~ procedures shall include, but not be limited to, the following:
1401		-	(A) A written notice shall be posted in a conspicuous location on
1402		-	~~such~~ land stating the time and date of the sale, or the date after which
1403		-	~~the land~~ will be offered for sale, and a name and telephone number of a
1404		-	~~person who~~ may be contacted concerning the sale of such land;
	2675	+	procedures prescribing public notice requirements that the secretary shall
	2676	+	comply with before the selling of any land which. Such guidelines and
	2677	+	procedures shall include, but not be limited to, the following:
	2678	+	(A) A written notice shall be posted in a conspicuous location on such
	2679	+	land stating the time and date of the sale, or the date after which the land
	2680	+	will be offered for sale, and a name and telephone number of a person who
	2681	+	may be contacted concerning the sale of such land;
1405	2682		(B) the secretary shall cause to be published in a newspaper of
1406		-	general circulation in the county the land is located once a week for
1407		-	three consecutive weeks, the secretary's intent to sell the land which
1408		-	shall include that includes a legal description of the land to be sold, the
1409		-	time and date of the sale or the date after which the land will be offered
1410		-	for sale, the general terms and conditions of such sale, and a name and
1411		-	telephone number of a person who may be contacted concerning the
1412		-	sale of such land; and
1413		-	(C) the secretary shall publish in the Kansas register public notice
1414		-	of the secretary's intent to sell the land which shall include a legal
1415		-	description of the land to be sold, the time and date of the sale or the
1416		-	date after which the land will be offered for sale, the place of the sale,
1417		-	the general terms and conditions of such sale, and a name and
1418		-	telephone number of a person who may be contacted concerning the
1419		-	sale of such land.
1420		-	(2) The secretary shall have the land appraised by three
1421		-	disinterested persons. In no case shall such land be sold for less than HOUSE BILL No. 2332—page 25
1422		-	the average of its appraised value as determined by such disinterested
1423		-	persons.
1424		-	(3) The secretary shall list such land with a real estate agent who
1425		-	is licensed by the Kansas real estate commission as a salesperson under
1426		-	the real estate brokers' and salespersons' license act, and who. Such real
1427		-	estate agent shall publicly advertise that such land is for sale.
1428		-	(4) Prior to closing the transaction on a contract for the sale of
1429		-	such land, the secretary shall cause a survey to be conducted by a
1430		-	licensed land surveyor. Such survey shall establish the precise legal
1431		-	description of such land and shall be a condition precedent to the final
1432		-	closing on such sale.
	2683	+	general circulation in the county the land is located once a week for three
	2684	+	consecutive weeks, the secretary's intent to sell the land which shall
	2685	+	include that includes a legal description of the land to be sold, the time and
	2686	+	date of the sale or the date after which the land will be offered for sale, the
	2687	+	general terms and conditions of such sale, and a name and telephone
	2688	+	number of a person who may be contacted concerning the sale of such
	2689	+	land; and
	2690	+	(C) the secretary shall publish in the Kansas register public notice of
	2691	+	the secretary's intent to sell the land which shall include a legal description
	2692	+	of the land to be sold, the time and date of the sale or the date after which
	2693	+	the land will be offered for sale, the place of the sale, the general terms and
	2694	+	conditions of such sale, and a name and telephone number of a person who
	2695	+	may be contacted concerning the sale of such land.
	2696	+	(2) The secretary shall have the land appraised by three disinterested
	2697	+	persons. In no case shall such land be sold for less than the average of its
	2698	+	appraised value as determined by such disinterested persons.
	2699	+	1
	2700	+	2
	2701	+	3
	2702	+	4
	2703	+	5
	2704	+	6
	2705	+	7
	2706	+	8
	2707	+	9
	2708	+	10
	2709	+	11
	2710	+	12
	2711	+	13
	2712	+	14
	2713	+	15
	2714	+	16
	2715	+	17
	2716	+	18
	2717	+	19
	2718	+	20
	2719	+	21
	2720	+	22
	2721	+	23
	2722	+	24
	2723	+	25
	2724	+	26
	2725	+	27
	2726	+	28
	2727	+	29
	2728	+	30
	2729	+	31
	2730	+	32
	2731	+	33
	2732	+	34
	2733	+	35
	2734	+	36
	2735	+	37
	2736	+	38
	2737	+	39
	2738	+	40
	2739	+	41
	2740	+	42
	2741	+	43 HB 2332 33
	2742	+	(3) The secretary shall list such land with a real estate agent who is
	2743	+	licensed by the Kansas real estate commission as a salesperson under the
	2744	+	real estate brokers' and salespersons' license act, and who. Such real estate
	2745	+	agent shall publicly advertise that such land is for sale.
	2746	+	(4) Prior to closing the transaction on a contract for the sale of such
	2747	+	land, the secretary shall cause a survey to be conducted by a licensed land
	2748	+	surveyor. Such survey shall establish the precise legal description of such
	2749	+	land and shall be a condition precedent to the final closing on such sale.
1433	2750		(c) Any disposition of land by the secretary shall be in the best
1434	2751		interest of the state.
1435		-	(d) The provisions of paragraph subsection (a)(2) shall not apply
1436		-	to lands of less than 640 acres purchased with natural resource damage
1437		-	~~and~~ restoration funds in the southeast Kansas counties of Cherokee,
1438		-	~~Crawford,~~ Labette and Neosho.
1439		-	Sec. 32. K.S.A. 32-834 is hereby amended to read as follows: 32-
1440		-	~~834.~~ (a) During the fiscal year ending June 30, 2014, in accordance
1441		-	~~with the~~ provisions of K.S.A. 32-833, and amendments thereto, the
1442		-	~~secretary of~~ wildlife, and parks and tourism is hereby authorized to
1443		-	~~acquire by~~ purchase the following tracts of land located in Jefferson
1444		-	~~county, Kansas,~~ more particularly described as:
	2752	+	(d) The provisions of paragraph subsection (a)(2) shall not apply to
	2753	+	lands of less than 640 acres purchased with natural resource damage and
	2754	+	restoration funds in the southeast Kansas counties of Cherokee, Crawford,
	2755	+	Labette and Neosho.
	2756	+	Sec. 32. K.S.A. 32-834 is hereby amended to read as follows: 32-834.
	2757	+	(a) During the fiscal year ending June 30, 2014, in accordance with the
	2758	+	provisions of K.S.A. 32-833, and amendments thereto, the secretary of
	2759	+	wildlife, and parks and tourism is hereby authorized to acquire by
	2760	+	purchase the following tracts of land located in Jefferson county, Kansas,
	2761	+	more particularly described as:
1445	2762		Tract 1: All of the North half of the South East Quarter, Section 10,
1446	2763		Township 11 South, Range 19 East lying East of the center of County
1447		-	Road, EXCEPT a tract described as follows: Beginning at a point on
1448		-	~~the~~ South line of the North half of the South East Quarter, 935.65 feet
1449		-	~~more or~~ less West of the South East corner of the North half of the
1450		-	~~South East~~ Quarter, thence West along said South line 556.76 feet to
1451		-	~~center of County~~ Road, thence North12 degrees 02 minutes 23 seconds
1452		-	~~West 800 feet,~~ thence North 90 degrees 00 minutes 00 seconds East
1453		-	~~556.76 feet, thence~~ South 12 degrees 02 minutes 23 seconds East 800
1454		-	~~feet more or less to the~~ point of beginning, containing 39.73 acres more
1455		-	~~or less and subject to any~~ easement of record.
1456		-	Tract 2: The Northeast Quarter (NE 1/4) of Section Ten (10),
1457		-	~~Township~~ Eleven South (T11S), Range Nineteen East (R19E) of the 6th
1458		-	~~P.M., in~~ Jefferson County, Kansas.
	2764	+	Road, EXCEPT a tract described as follows: Beginning at a point on the
	2765	+	South line of the North half of the South East Quarter, 935.65 feet more or
	2766	+	less West of the South East corner of the North half of the South East
	2767	+	Quarter, thence West along said South line 556.76 feet to center of County
	2768	+	Road, thence North12 degrees 02 minutes 23 seconds West 800 feet,
	2769	+	thence North 90 degrees 00 minutes 00 seconds East 556.76 feet, thence
	2770	+	South 12 degrees 02 minutes 23 seconds East 800 feet more or less to the
	2771	+	point of beginning, containing 39.73 acres more or less and subject to any
	2772	+	easement of record.
	2773	+	Tract 2: The Northeast Quarter (NE 1/4) of Section Ten (10), Township
	2774	+	Eleven South (T11S), Range Nineteen East (R19E) of the 6th P.M., in
	2775	+	Jefferson County, Kansas.
1459	2776		Tract 3: All that part of the South 1/2 of the Southeast 1/4 of Section
1460		-	10, Township 11 South, Range 19 East of the 6th P.M., Jefferson
1461		-	County, Kansas, lying East of the County Road. Contains 50 acres,
1462		-	more or less.
1463		-	Tract 4: A tract beginning at the Northeast corner of the South Half
1464		-	of the South Half of the Southwest Quarter (S ½ S ½ SW ¼) of Section
1465		-	Fifteen (15) Township Eleven (11) South, Range Nineteen (19) East of
1466		-	the 6th P.M., in Jefferson County, Kansas; thence South 00°23 '11" East
1467		-	a distance of 300.00 feet, said point being on the East line of the
1468		-	Southwest Quarter (SW ¼) of Section 15; thence South 50°06'43" West
1469		-	a distance of 1353.10 feet; thence North 39°46'11" West a distance of
1470		-	161.21 feet; thence North 28 11' 59" East a distance 'of 1190.78 feet,
1471		-	said point being on the North line of the South Half (S ½) of the South
1472		-	Half (S ½) of the Southwest Quarter (SW ¼) of Section 15; thence
1473		-	South 89 15'55" East a distance of 576.56 feet to the Point of
1474		-	Beginning, said tract also being a part of the North Half (N ½) of the
1475		-	Northwest Quarter (NW ¼) of Section 22, Township 11 South, Range
1476		-	19 East of the 6th P.M., Jefferson County, Kansas; also known as Tract
1477		-	5 of Certificate of Survey re-plat in Jefferson County, Kansas, by Fred
1478		-	G. Roger., LS-64, on March 24, 1978, filed March 27, 1978, and
1479		-	recorded in Plat Book 2, Page 588, a replat of Plat Book 2, Page 575.
1480		-	Tract 5: The South 120 acres of the Southeast Quarter (SE ¼) of HOUSE BILL No. 2332—page 26
	2777	+	10, Township 11 South, Range 19 East of the 6th P.M., Jefferson County,
	2778	+	Kansas, lying East of the County Road. Contains 50 acres, more or less.
	2779	+	Tract 4: A tract beginning at the Northeast corner of the South Half of
	2780	+	the South Half of the Southwest Quarter (S ½ S ½ SW ¼) of Section
	2781	+	Fifteen (15) Township Eleven (11) South, Range Nineteen (19) East of the
	2782	+	6th P.M., in Jefferson County, Kansas; thence South 00°23 '11" East a
	2783	+	distance of 300.00 feet, said point being on the East line of the Southwest
	2784	+	Quarter (SW ¼) of Section 15; thence South 50°06'43" West a distance of
	2785	+	1
	2786	+	2
	2787	+	3
	2788	+	4
	2789	+	5
	2790	+	6
	2791	+	7
	2792	+	8
	2793	+	9
	2794	+	10
	2795	+	11
	2796	+	12
	2797	+	13
	2798	+	14
	2799	+	15
	2800	+	16
	2801	+	17
	2802	+	18
	2803	+	19
	2804	+	20
	2805	+	21
	2806	+	22
	2807	+	23
	2808	+	24
	2809	+	25
	2810	+	26
	2811	+	27
	2812	+	28
	2813	+	29
	2814	+	30
	2815	+	31
	2816	+	32
	2817	+	33
	2818	+	34
	2819	+	35
	2820	+	36
	2821	+	37
	2822	+	38
	2823	+	39
	2824	+	40
	2825	+	41
	2826	+	42
	2827	+	43 HB 2332 34
	2828	+	1353.10 feet; thence North 39°46'11" West a distance of 161.21 feet;
	2829	+	thence North 28 11' 59" East a distance 'of 1190.78 feet, said point being
	2830	+	on the North line of the South Half (S ½) of the South Half (S ½) of the
	2831	+	Southwest Quarter (SW ¼) of Section 15; thence South 89 15'55" East a
	2832	+	distance of 576.56 feet to the Point of Beginning, said tract also being a
	2833	+	part of the North Half (N ½) of the Northwest Quarter (NW ¼) of Section
	2834	+	22, Township 11 South, Range 19 East of the 6th P.M., Jefferson County,
	2835	+	Kansas; also known as Tract 5 of Certificate of Survey re-plat in Jefferson
	2836	+	County, Kansas, by Fred G. Roger., LS-64, on March 24, 1978, filed
	2837	+	March 27, 1978, and recorded in Plat Book 2, Page 588, a replat of Plat
	2838	+	Book 2, Page 575.
	2839	+	Tract 5: The South 120 acres of the Southeast Quarter (SE ¼) of
1481	2840		Section Fifteen (15), Township Eleven (11) South, Range Nineteen (19)
1482	2841		East of the 6th P.M., Jefferson County, Kansas, according to U.S.
1483	2842		Government Survey thereof.
1484		-	Tract 6: The South 60 acres of the Northeast Quarter (NE ¼), AND
1485		-	~~the~~ North 40 acres of the Southeast Quarter (SE ¼), all in Section
1486		-	~~Fifteen (15),~~ Township Eleven (11) South, Range Nineteen (19) East of
1487		-	~~the 6th P.M.,~~ Jefferson County, Kansas; EXCEPT all that part of the
1488		-	~~North 40 acres of~~ the Southeast Quarter (SE 1/4) of said Section Fifteen
1489		-	~~(15), lying West of~~ the public highway, and EXCEPT all that part of the
1490		-	~~South 60 acres of the~~ Northeast Quarter (NE ¼) of said Section Fifteen
1491		-	~~(15), lying West of the~~ public highway.
	2843	+	Tract 6: The South 60 acres of the Northeast Quarter (NE ¼), AND the
	2844	+	North 40 acres of the Southeast Quarter (SE ¼), all in Section Fifteen (15),
	2845	+	Township Eleven (11) South, Range Nineteen (19) East of the 6th P.M.,
	2846	+	Jefferson County, Kansas; EXCEPT all that part of the North 40 acres of
	2847	+	the Southeast Quarter (SE 1/4) of said Section Fifteen (15), lying West of
	2848	+	the public highway, and EXCEPT all that part of the South 60 acres of the
	2849	+	Northeast Quarter (NE ¼) of said Section Fifteen (15), lying West of the
	2850	+	public highway.
1492	2851		Tract 7: The South Half (S ½) of the Southwest Quarter of Section
1493		-	Fourteen (14): AND a tract beginning at the Southwest corner of the
1494		-	~~North~~ Half (N ½) of the Southwest Quarter (SW ¼) of Section
1495		-	~~Fourteen (14);~~ thence running North 12 rods; thence running East 57
1496		-	~~rods; thence running~~ South 12 rods; thence running West 57 rods to the
1497		-	~~Point of Beginning, all~~ in Township Eleven (11) South, Range Nineteen
1498		-	~~(19) East of the 6th P.M.,~~ Jefferson County, Kansas.
	2852	+	Fourteen (14): AND a tract beginning at the Southwest corner of the North
	2853	+	Half (N ½) of the Southwest Quarter (SW ¼) of Section Fourteen (14);
	2854	+	thence running North 12 rods; thence running East 57 rods; thence running
	2855	+	South 12 rods; thence running West 57 rods to the Point of Beginning, all
	2856	+	in Township Eleven (11) South, Range Nineteen (19) East of the 6th P.M.,
	2857	+	Jefferson County, Kansas.
1499	2858		Tract 8: Beginning at the Southeast corner of the North Half of the
1500	2859		Northwest Quarter (N ½ NW ¼) of Section Twenty-two (22), Township
1501	2860		Eleven (11) South, Range Nineteen (19) East of the 6th P.M., Jefferson
1502	2861		County, Kansas; thence North 89 degrees 35 minutes 05 seconds West a
1503	2862		distance of 685.11 feet, said point being on the South line of the North
1504		-	Half of the Northwest Quarter of Section 22; thence North 00 degrees
1505		-	24 minutes 5S seconds East a distance of 361.05 feet; thence North 32
	2863	+	Half of the Northwest Quarter of Section 22; thence North 00 degrees 24
	2864	+	minutes 5S seconds East a distance of 361.05 feet; thence North 32
1506	2865		degrees 19 minutes 25 seconds West a distance of 227.14 feet; thence
1507	2866		North 49 degrees 07 minutes 07 seconds West a distance of 176.82 feet;
1508		-	thence North 76 degrees 48 minutes 44 seconds East a distance of
1509		-	959.44 feet, said point being on the East line of the Northwest Quarter
1510		-	of Section 22; thence South 00 degrees 13 minutes 24 seconds West a
1511		-	distance of 892.59 feet to the point of beginning; also known as Tract 7
1512		-	of Certificate of Survey re-Plat In Jefferson County, Kansas, prepared
1513		-	by Fred G. Rogers, LS-64, on March 24, 1978, filed March 27, 1978
1514		-	and recorded in Plat Book 2, Page 588.
1515		-	Tract 9: The Northwest Quarter (NW 1/4) of Section 15; and the
1516		-	North 100 acres of the Northeast Quarter (NE 1/4) of Section 15, all in
1517		-	Township 11 South, Range 19 East in Jefferson County, Kansas; and
1518		-	All that part of the North 40 acres of the Southeast Quarter (SE 1/4) of
1519		-	Section 15, Township 11 South, Range 19 East, lying West of the public
1520		-	highway, in Jefferson County, Kansas; and All that part of the South 60
1521		-	acres of the Northeast Quarter (NE 1/4) of Section 15, Township 11
1522		-	South, Range 19 East, lying West of the public highway, in Jefferson
1523		-	County, Kansas.
1524		-	(b) Prior to payment for the purchase authorized by this section,
1525		-	the secretary of wildlife, and parks and tourism shall determine that the
1526		-	requirements prescribed by K.S.A. 32-833, and amendments thereto,
1527		-	have been met.
1528		-	(c) The provisions of K.S.A. 75-3043a and 75-3739, and
1529		-	amendments thereto, shall not apply to the acquisition authorized by
1530		-	this section or any contracts required therefor.
1531		-	(d) In the event that the secretary of wildlife, and parks and
1532		-	tourism determines that the legal description of the parcel described by
1533		-	this section is incorrect, the secretary of wildlife, and parks and tourism
1534		-	may purchase the property utilizing the correct legal description.
1535		-	Sec. 33. K.S.A. 32-835 is hereby amended to read as follows: 32-
1536		-	835. (a) Subject to the provisions of K.S.A. 32-833, and amendments
1537		-	thereto, the secretary of wildlife, and parks and tourism is hereby
1538		-	authorized to acquire by purchase the following tract of land located in
1539		-	Cherokee county, Kansas, more particularly described as: HOUSE BILL No. 2332—page 27
1540		-	The Southeast Quarter (SE ¼), the Northwest Quarter (NW ¼), and
1541		-	the West Half of the Northeast Quarter (W ½ NE ¼), Section 29,
1542		-	Township 34 South, Range 22 East, in Cherokee County, Kansas,
1543		-	containing 397 acres more or less.
1544		-	(b) Prior to payment for the purchase authorized by this section,
1545		-	the secretary of wildlife, and parks and tourism shall determine that the
1546		-	requirements prescribed by K.S.A. 32-833, and amendments thereto,
1547		-	have been met.
1548		-	(c) The provisions of K.S.A. 75-3043a and 75-3739, and
1549		-	amendments thereto, shall not apply to the acquisition authorized by
1550		-	this section or any contracts required therefor.
1551		-	(d) In the event that the secretary of wildlife, and parks and
1552		-	tourism determines that the legal description of the parcel described by
1553		-	this section is incorrect, the secretary of wildlife, and parks and tourism
1554		-	may purchase the property utilizing the correct legal description.
1555		-	Sec. 34. K.S.A. 32-836 is hereby amended to read as follows: 32-
1556		-	836. (a) Subject to the provisions of K.S.A. 32-833, and amendments
1557		-	thereto, the secretary of wildlife, and parks and tourism is hereby
1558		-	authorized to acquire by purchase the following tract of land located in
1559		-	Pottawatomie county, Kansas, more particularly described as:
1560		-	The Southeast Quarter (SE ¼) of Section 12, Township 6 South,
1561		-	Range 7 East, and the Northeast Quarter (NE ¼) and the North Half (N
1562		-	½) of the Southwest Quarter (SW ¼) of Section 13, Township 6 South,
1563		-	Range 7 East, and part of the Northeast Quarter (NE ¼) and Southeast
1564		-	Quarter (SE ¼) of Section 17, Township 6 South, Range 7 East, and
1565		-	part of the Northwest Quarter (NW ¼) and the North Half (N ½) of the
1566		-	Southwest Quarter (SW ¼) of Section 18, Township 6 South, Range 8
1567		-	East in Pottawatomie County, Kansas, containing 484 acres more or
1568		-	less.
1569		-	(b) Prior to payment for the purchase authorized by this section,
1570		-	the secretary of wildlife, and parks and tourism shall determine that the
1571		-	requirements prescribed by K.S.A. 32-833, and amendments thereto,
1572		-	have been met.
1573		-	(c) The provisions of K.S.A. 75-3043a and 75-3739, and
1574		-	amendments thereto, shall not apply to the acquisition authorized by
1575		-	this section or any contracts required therefor.
1576		-	(d) In the event that the secretary of wildlife, and parks and
1577		-	tourism determines that the legal description of the parcel described by
1578		-	this section is incorrect, the secretary of wildlife, and parks and tourism
1579		-	may purchase the property utilizing the correct legal description.
1580		-	Sec. 35. K.S.A. 32-837 is hereby amended to read as follows: 32-
1581		-	837. (a) The following parks have been designated as a part of the state
1582		-	park system:
	2867	+	thence North 76 degrees 48 minutes 44 seconds East a distance of 959.44
	2868	+	feet, said point being on the East line of the Northwest Quarter of Section
	2869	+	22; thence South 00 degrees 13 minutes 24 seconds West a distance of
	2870	+	892.59 feet to the point of beginning; also known as Tract 7 of Certificate
	2871	+	1
	2872	+	2
	2873	+	3
	2874	+	4
	2875	+	5
	2876	+	6
	2877	+	7
	2878	+	8
	2879	+	9
	2880	+	10
	2881	+	11
	2882	+	12
	2883	+	13
	2884	+	14
	2885	+	15
	2886	+	16
	2887	+	17
	2888	+	18
	2889	+	19
	2890	+	20
	2891	+	21
	2892	+	22
	2893	+	23
	2894	+	24
	2895	+	25
	2896	+	26
	2897	+	27
	2898	+	28
	2899	+	29
	2900	+	30
	2901	+	31
	2902	+	32
	2903	+	33
	2904	+	34
	2905	+	35
	2906	+	36
	2907	+	37
	2908	+	38
	2909	+	39
	2910	+	40
	2911	+	41
	2912	+	42
	2913	+	43 HB 2332 35
	2914	+	of Survey re-Plat In Jefferson County, Kansas, prepared by Fred G.
	2915	+	Rogers, LS-64, on March 24, 1978, filed March 27, 1978 and recorded in
	2916	+	Plat Book 2, Page 588.
	2917	+	Tract 9: The Northwest Quarter (NW 1/4) of Section 15; and the North
	2918	+	100 acres of the Northeast Quarter (NE 1/4) of Section 15, all in Township
	2919	+	11 South, Range 19 East in Jefferson County, Kansas; and All that part of
	2920	+	the North 40 acres of the Southeast Quarter (SE 1/4) of Section 15,
	2921	+	Township 11 South, Range 19 East, lying West of the public highway, in
	2922	+	Jefferson County, Kansas; and All that part of the South 60 acres of the
	2923	+	Northeast Quarter (NE 1/4) of Section 15, Township 11 South, Range 19
	2924	+	East, lying West of the public highway, in Jefferson County, Kansas.
	2925	+	(b) Prior to payment for the purchase authorized by this section, the
	2926	+	secretary of wildlife, and parks and tourism shall determine that the
	2927	+	requirements prescribed by K.S.A. 32-833, and amendments thereto, have
	2928	+	been met.
	2929	+	(c) The provisions of K.S.A. 75-3043a and 75-3739, and amendments
	2930	+	thereto, shall not apply to the acquisition authorized by this section or any
	2931	+	contracts required therefor.
	2932	+	(d) In the event that the secretary of wildlife, and parks and tourism
	2933	+	determines that the legal description of the parcel described by this section
	2934	+	is incorrect, the secretary of wildlife, and parks and tourism may purchase
	2935	+	the property utilizing the correct legal description.
	2936	+	Sec. 33. K.S.A. 32-835 is hereby amended to read as follows: 32-835.
	2937	+	(a) Subject to the provisions of K.S.A. 32-833, and amendments thereto,
	2938	+	the secretary of wildlife, and parks and tourism is hereby authorized to
	2939	+	acquire by purchase the following tract of land located in Cherokee county,
	2940	+	Kansas, more particularly described as:
	2941	+	The Southeast Quarter (SE ¼), the Northwest Quarter (NW ¼), and the
	2942	+	West Half of the Northeast Quarter (W ½ NE ¼), Section 29, Township 34
	2943	+	South, Range 22 East, in Cherokee County, Kansas, containing 397 acres
	2944	+	more or less.
	2945	+	(b) Prior to payment for the purchase authorized by this section, the
	2946	+	secretary of wildlife, and parks and tourism shall determine that the
	2947	+	requirements prescribed by K.S.A. 32-833, and amendments thereto, have
	2948	+	been met.
	2949	+	(c) The provisions of K.S.A. 75-3043a and 75-3739, and amendments
	2950	+	thereto, shall not apply to the acquisition authorized by this section or any
	2951	+	contracts required therefor.
	2952	+	(d) In the event that the secretary of wildlife, and parks and tourism
	2953	+	determines that the legal description of the parcel described by this section
	2954	+	is incorrect, the secretary of wildlife, and parks and tourism may purchase
	2955	+	the property utilizing the correct legal description.
	2956	+	Sec. 34. K.S.A. 32-836 is hereby amended to read as follows: 32-836.
	2957	+	1
	2958	+	2
	2959	+	3
	2960	+	4
	2961	+	5
	2962	+	6
	2963	+	7
	2964	+	8
	2965	+	9
	2966	+	10
	2967	+	11
	2968	+	12
	2969	+	13
	2970	+	14
	2971	+	15
	2972	+	16
	2973	+	17
	2974	+	18
	2975	+	19
	2976	+	20
	2977	+	21
	2978	+	22
	2979	+	23
	2980	+	24
	2981	+	25
	2982	+	26
	2983	+	27
	2984	+	28
	2985	+	29
	2986	+	30
	2987	+	31
	2988	+	32
	2989	+	33
	2990	+	34
	2991	+	35
	2992	+	36
	2993	+	37
	2994	+	38
	2995	+	39
	2996	+	40
	2997	+	41
	2998	+	42
	2999	+	43 HB 2332 36
	3000	+	(a) Subject to the provisions of K.S.A. 32-833, and amendments thereto,
	3001	+	the secretary of wildlife, and parks and tourism is hereby authorized to
	3002	+	acquire by purchase the following tract of land located in Pottawatomie
	3003	+	county, Kansas, more particularly described as:
	3004	+	The Southeast Quarter (SE ¼) of Section 12, Township 6 South, Range
	3005	+	7 East, and the Northeast Quarter (NE ¼) and the North Half (N ½) of the
	3006	+	Southwest Quarter (SW ¼) of Section 13, Township 6 South, Range 7
	3007	+	East, and part of the Northeast Quarter (NE ¼) and Southeast Quarter (SE
	3008	+	¼) of Section 17, Township 6 South, Range 7 East, and part of the
	3009	+	Northwest Quarter (NW ¼) and the North Half (N ½) of the Southwest
	3010	+	Quarter (SW ¼) of Section 18, Township 6 South, Range 8 East in
	3011	+	Pottawatomie County, Kansas, containing 484 acres more or less.
	3012	+	(b) Prior to payment for the purchase authorized by this section, the
	3013	+	secretary of wildlife, and parks and tourism shall determine that the
	3014	+	requirements prescribed by K.S.A. 32-833, and amendments thereto, have
	3015	+	been met.
	3016	+	(c) The provisions of K.S.A. 75-3043a and 75-3739, and amendments
	3017	+	thereto, shall not apply to the acquisition authorized by this section or any
	3018	+	contracts required therefor.
	3019	+	(d) In the event that the secretary of wildlife, and parks and tourism
	3020	+	determines that the legal description of the parcel described by this section
	3021	+	is incorrect, the secretary of wildlife, and parks and tourism may purchase
	3022	+	the property utilizing the correct legal description.
	3023	+	Sec. 35. K.S.A. 32-837 is hereby amended to read as follows: 32-837.
	3024	+	(a) The following parks have been designated as a part of the state park
	3025	+	system:
1583	3026		(1) Kanopolis-Mushroom Rock state park in Ellsworth county;
1584	3027		(2) Cross Timbers state park at Toronto Lake in Woodson county;
1585	3028		(3) Fall River state park in Greenwood county;
1586	3029		(4) Cedar Bluff state park in Trego county;
1587	3030		(5) Tuttle Creek state park in Pottawatomie and Riley counties;
1588	3031		(6) Pomona state park in Osage county;
1589	3032		(7) Cheney state park in Kingman and Reno counties;
1590	3033		(8) Lake Crawford state park in Crawford county;
1591	3034		(9) Lovewell state park in Jewell county;
1592	3035		(10) Lake Meade state park in Meade county;
1593	3036		(11) Prairie Dog state park in Norton county;
1594	3037		(12) Webster state park in Rooks county;
1595	3038		(13) Wilson state park in Russell county;
1596	3039		(14) Milford state park in Geary county;
1597	3040		(15) Historic Lake Scott state park in Scott county;
1598		-	(16) Elk City state park in Montgomery county; ~~HOUSE BILL No. 2332—page 28~~
	3041	+	(16) Elk City state park in Montgomery county;
1599	3042		(17) Perry state park in Jefferson county;
	3043	+	1
	3044	+	2
	3045	+	3
	3046	+	4
	3047	+	5
	3048	+	6
	3049	+	7
	3050	+	8
	3051	+	9
	3052	+	10
	3053	+	11
	3054	+	12
	3055	+	13
	3056	+	14
	3057	+	15
	3058	+	16
	3059	+	17
	3060	+	18
	3061	+	19
	3062	+	20
	3063	+	21
	3064	+	22
	3065	+	23
	3066	+	24
	3067	+	25
	3068	+	26
	3069	+	27
	3070	+	28
	3071	+	29
	3072	+	30
	3073	+	31
	3074	+	32
	3075	+	33
	3076	+	34
	3077	+	35
	3078	+	36
	3079	+	37
	3080	+	38
	3081	+	39
	3082	+	40
	3083	+	41
	3084	+	42
	3085	+	43 HB 2332 37
1600	3086		(18) Glen Elder state park in Mitchell county;
1601	3087		(19) El Dorado state park in Butler county;
1602	3088		(20) Eisenhower state park in Osage county;
1603	3089		(21) Clinton state park in Douglas and Shawnee counties;
1604	3090		(22) Sand Hills state park in Reno county;
1605	3091		(23) Hillsdale state park in Miami county;
1606	3092		(24) Kaw River state park in Shawnee county;
1607		-	(25) Prairie Spirit rail trail state park in Franklin, Anderson and
1608		-	~~Allen~~ counties;
	3093	+	(25) Prairie Spirit rail trail state park in Franklin, Anderson and Allen
	3094	+	counties;
1609	3095		(26) Flint Hills trail state park in Miami, Franklin, Osage, Lyon,
1610	3096		Morris and Dickinson counties; and
1611	3097		(27) Little Jerusalem Badlands state park in Logan county.
1612		-	(b) No state park named in subsection (a) shall be removed from
1613		-	the state park system without legislative approval.
1614		-	(c) The hours that Kaw River state park in Shawnee county is
1615		-	open to the public may be limited to those hours that parks of the city
1616		-	of Topeka are open, except that such state park shall be open at all
1617		-	hours for prescheduled events.
1618		-	(d) The requirements found in K.S.A. 65-171d(j)(2), and
1619		-	amendments thereto, shall not apply to subsection (a)(25) or (a)(26).
1620		-	(e) For any state park listed in subsection (a) containing a
1621		-	recreational trail created pursuant to 16 U.S.C. § 1247(d), the Kansas
1622		-	department of wildlife, and parks and tourism shall carry out the duties
1623		-	listed in K.S.A. 58-3212(a)(1) through (a)(11), and amendments
1624		-	thereto.
1625		-	Sec. 36. K.S.A. 32-839 is hereby amended to read as follows: 32-
1626		-	839. The Cane creek area within stage 1 of the Milford lake wetlands
1627		-	wildlife habitat restoration project, in Clay county, near the city of
1628		-	Wakefield, is hereby designated as the Steve Lloyd wetlands. The
1629		-	secretary of wildlife, and parks and tourism shall cause placement of
1630		-	suitable signs and an observation deck to indicate the area is the Steve
1631		-	Lloyd wetlands. The secretary may accept and administer gifts and
1632		-	donations for the purpose of obtaining and installing such signs and
1633		-	observation deck.
1634		-	Sec. 37. K.S.A. 32-840 is hereby amended to read as follows: 32-
1635		-	840. (a) The secretary, in the name of the state of Kansas, may exercise
1636		-	the right of eminent domain in accordance with the eminent domain
1637		-	procedure act, K.S.A. 26-501 et seq., and amendments thereto, for the
1638		-	purpose of acquiring lands, water and water rights necessary to:
	3098	+	(b) No state park named in subsection (a) shall be removed from the
	3099	+	state park system without legislative approval.
	3100	+	(c) The hours that Kaw River state park in Shawnee county is open to
	3101	+	the public may be limited to those hours that parks of the city of Topeka
	3102	+	are open, except that such state park shall be open at all hours for
	3103	+	prescheduled events.
	3104	+	(d) The requirements found in K.S.A. 65-171d(j)(2), and amendments
	3105	+	thereto, shall not apply to subsection (a)(25) or (a)(26).
	3106	+	(e) For any state park listed in subsection (a) containing a recreational
	3107	+	trail created pursuant to 16 U.S.C. § 1247(d), the Kansas department of
	3108	+	wildlife, and parks and tourism shall carry out the duties listed in K.S.A.
	3109	+	58-3212(a)(1) through (a)(11), and amendments thereto.
	3110	+	Sec. 36. K.S.A. 32-839 is hereby amended to read as follows: 32-839.
	3111	+	The Cane creek area within stage 1 of the Milford lake wetlands wildlife
	3112	+	habitat restoration project, in Clay county, near the city of Wakefield, is
	3113	+	hereby designated as the Steve Lloyd wetlands. The secretary of wildlife,
	3114	+	and parks and tourism shall cause placement of suitable signs and an
	3115	+	observation deck to indicate the area is the Steve Lloyd wetlands. The
	3116	+	secretary may accept and administer gifts and donations for the purpose of
	3117	+	obtaining and installing such signs and observation deck.
	3118	+	Sec. 37. K.S.A. 32-840 is hereby amended to read as follows: 32-840.
	3119	+	(a) The secretary, in the name of the state of Kansas, may exercise the right
	3120	+	of eminent domain in accordance with the eminent domain procedure act,
	3121	+	K.S.A. 26-501 et seq., and amendments thereto, for the purpose of
	3122	+	acquiring lands, water and water rights necessary to:
1639	3123		(1) Carry out the provisions of the wildlife, and parks and tourism
1640		-	laws of this state and the purposes for which the department is created;
1641		-	or
1642		-	(2) protect, add to and improve state parks, state lakes,
1643		-	recreational areas, wildlife areas and sanctuaries, natural areas, fish
1644		-	hatcheries and other lands, waters and facilities provided for by K.S.A.
1645		-	32-807, and amendments thereto.
1646		-	(b) The taking, using and appropriating of property as authorized
1647		-	by subsection (a)(2) for the purposes of protecting lands, waters and
1648		-	facilities and their environs and preserving the view, appearance, light,
1649		-	air, health and usefulness thereof by reselling such property with such
1650		-	restrictions in the deeds of resale as will protect the property taken for
1651		-	such purposes is hereby declared to be taking, using and appropriating
1652		-	of such property for public use. The proceeds arising from the resale of
1653		-	any property so taken shall be used by the secretary for the purpose of
1654		-	improving lands, waters and facilities under the jurisdiction and control
1655		-	of the secretary.
1656		-	(c) Upon request of the secretary, the attorney general shall
1657		-	proceed by proper action to acquire by condemnation all lands, or HOUSE BILL No. 2332—page 29
1658		-	rights therein or thereon, and all water or water rights required by the
1659		-	department pursuant to this section.
1660		-	Sec. 38. K.S.A. 32-844 is hereby amended to read as follows: 32-
1661		-	844. (a) The secretary of wildlife, and parks and tourism shall submit a
1662		-	report to the legislature at the beginning of each regular session
1663		-	detailing all real estate transactions which that are proposed or
1664		-	agreements which that have been entered into between the Kansas
1665		-	department of wildlife, and parks and tourism and any other party,
1666		-	other than another state agency, which that relate to any acquisition or
1667		-	disposition of any real estate, or interest in real estate, by the Kansas
1668		-	department of wildlife, and parks and tourism or any such contracting
1669		-	party.
	3124	+	laws of this state and the purposes for which the department is created; or
	3125	+	(2) protect, add to and improve state parks, state lakes, recreational
	3126	+	areas, wildlife areas and sanctuaries, natural areas, fish hatcheries and
	3127	+	other lands, waters and facilities provided for by K.S.A. 32-807, and
	3128	+	amendments thereto.
	3129	+	1
	3130	+	2
	3131	+	3
	3132	+	4
	3133	+	5
	3134	+	6
	3135	+	7
	3136	+	8
	3137	+	9
	3138	+	10
	3139	+	11
	3140	+	12
	3141	+	13
	3142	+	14
	3143	+	15
	3144	+	16
	3145	+	17
	3146	+	18
	3147	+	19
	3148	+	20
	3149	+	21
	3150	+	22
	3151	+	23
	3152	+	24
	3153	+	25
	3154	+	26
	3155	+	27
	3156	+	28
	3157	+	29
	3158	+	30
	3159	+	31
	3160	+	32
	3161	+	33
	3162	+	34
	3163	+	35
	3164	+	36
	3165	+	37
	3166	+	38
	3167	+	39
	3168	+	40
	3169	+	41
	3170	+	42
	3171	+	43 HB 2332 38
	3172	+	(b) The taking, using and appropriating of property as authorized by
	3173	+	subsection (a)(2) for the purposes of protecting lands, waters and facilities
	3174	+	and their environs and preserving the view, appearance, light, air, health
	3175	+	and usefulness thereof by reselling such property with such restrictions in
	3176	+	the deeds of resale as will protect the property taken for such purposes is
	3177	+	hereby declared to be taking, using and appropriating of such property for
	3178	+	public use. The proceeds arising from the resale of any property so taken
	3179	+	shall be used by the secretary for the purpose of improving lands, waters
	3180	+	and facilities under the jurisdiction and control of the secretary.
	3181	+	(c) Upon request of the secretary, the attorney general shall proceed
	3182	+	by proper action to acquire by condemnation all lands, or rights therein or
	3183	+	thereon, and all water or water rights required by the department pursuant
	3184	+	to this section.
	3185	+	Sec. 38. K.S.A. 32-844 is hereby amended to read as follows: 32-844.
	3186	+	(a) The secretary of wildlife, and parks and tourism shall submit a report to
	3187	+	the legislature at the beginning of each regular session detailing all real
	3188	+	estate transactions which that are proposed or agreements which that have
	3189	+	been entered into between the Kansas department of wildlife, and parks
	3190	+	and tourism and any other party, other than another state agency, which
	3191	+	that relate to any acquisition or disposition of any real estate, or interest in
	3192	+	real estate, by the Kansas department of wildlife, and parks and tourism or
	3193	+	any such contracting party.
1670	3194		(b) (1) With regard to executed agreements, the report required by
1671	3195		this section shall include for each such acquisition to be reported:
1672	3196		(A) The legal description of the real estate or interest acquired;
1673	3197		(B) the purchase price;
1674	3198		(C) if appropriation of state moneys is required for the acquisition,
1675	3199		the appraised value of the real estate or interest acquired; and
1676	3200		(D) if the real estate or interest therein will remain subject to ad
1677	3201		valorem property taxation.
1678	3202		(2) With regard to proposed real estate transactions, the report
1679		-	required by this section shall include for each such proposed
1680		-	~~transaction to~~ be reported:
	3203	+	required by this section shall include for each such proposed transaction to
	3204	+	be reported:
1681	3205		(A) The legal description of the real estate or interest acquired;
1682	3206		(B) if appropriation of state moneys is required for the proposed
1683		-	transaction, the appraised value of the real estate or interest proposed to
1684		-	be acquired; and
	3207	+	transaction, the appraised value of the real estate or interest proposed to be
	3208	+	acquired; and
1685	3209		(C) if the real estate or interest therein will remain subject to ad
1686	3210		valorem property taxation.
1687		-	(c) The reporting requirements of this section shall not apply to
1688		-	real estate or interest therein acquired under the wildtrust program until
1689		-	such time as the deeds are filed for record.
1690		-	(d) Agreements which that have been entered into and are
1691		-	required to be reported pursuant to this section shall be published in the
1692		-	Kansas register within 30 days of the execution of any such agreement.
1693		-	Sec. 39. K.S.A. 32-845 is hereby amended to read as follows: 32-
1694		-	845. (a) Neither the Kansas department of wildlife, and parks and
1695		-	tourism, nor any officer or employee of the state on behalf of the
1696		-	department, shall enter into any contract for the acquisition or lease of
1697		-	real estate with the corps of engineers or the bureau of reclamation
1698		-	which that will require any future appropriation unless the contract is
1699		-	first approved by the legislature as provided by subsection (b).
	3211	+	(c) The reporting requirements of this section shall not apply to real
	3212	+	estate or interest therein acquired under the wildtrust program until such
	3213	+	time as the deeds are filed for record.
	3214	+	(d) Agreements which that have been entered into and are required to
	3215	+	1
	3216	+	2
	3217	+	3
	3218	+	4
	3219	+	5
	3220	+	6
	3221	+	7
	3222	+	8
	3223	+	9
	3224	+	10
	3225	+	11
	3226	+	12
	3227	+	13
	3228	+	14
	3229	+	15
	3230	+	16
	3231	+	17
	3232	+	18
	3233	+	19
	3234	+	20
	3235	+	21
	3236	+	22
	3237	+	23
	3238	+	24
	3239	+	25
	3240	+	26
	3241	+	27
	3242	+	28
	3243	+	29
	3244	+	30
	3245	+	31
	3246	+	32
	3247	+	33
	3248	+	34
	3249	+	35
	3250	+	36
	3251	+	37
	3252	+	38
	3253	+	39
	3254	+	40
	3255	+	41
	3256	+	42
	3257	+	43 HB 2332 39
	3258	+	be reported pursuant to this section shall be published in the Kansas
	3259	+	register within 30 days of the execution of any such agreement.
	3260	+	Sec. 39. K.S.A. 32-845 is hereby amended to read as follows: 32-845.
	3261	+	(a) Neither the Kansas department of wildlife, and parks and tourism, nor
	3262	+	any officer or employee of the state on behalf of the department, shall
	3263	+	enter into any contract for the acquisition or lease of real estate with the
	3264	+	corps of engineers or the bureau of reclamation which that will require any
	3265	+	future appropriation unless the contract is first approved by the legislature
	3266	+	as provided by subsection (b).
1700	3267		(b) A contract subject to the provisions of subsection (a) shall be
1701	3268		approved by the legislature by:
1702	3269		(1) Law or concurrent resolution; or
1703		-	(2) approval of the contract by the legislative coordinating
1704		-	council.
1705		-	(c) Any contract entered into without approval of the legislature
1706		-	when required by this section is null and void.
	3270	+	(2) approval of the contract by the legislative coordinating council.
	3271	+	(c) Any contract entered into without approval of the legislature when
	3272	+	required by this section is null and void.
1707	3273		(d) The provisions of this section shall not apply to contracts
1708	3274		requiring future appropriations of only:
1709	3275		(1) Moneys that are received from the corps of engineers or the
1710	3276		bureau of reclamation or from a private source; or
1711		-	(2) moneys to be expended in response to a major disaster
1712		-	~~declared~~ by the president of the United States. In addition, the
1713		-	~~provisions of this~~ section shall not apply to lease renewals with the
1714		-	~~corps of engineers or~~ bureau of reclamation, except the department
1715		-	~~shall notify the chairperson,~~ vice-chairperson and ranking minority
1716		-	~~member of both the house and~~ senate energy and natural resources ~~HOUSE BILL No.~~ ~~2332—page 30~~
1717		-	~~committees on or before the first day~~ of a legislative session of any
1718		-	~~such lease renewals pending for that~~ calendar year.
	3277	+	(2) moneys to be expended in response to a major disaster declared
	3278	+	by the president of the United States. In addition, the provisions of this
	3279	+	section shall not apply to lease renewals with the corps of engineers or
	3280	+	bureau of reclamation, except the department shall notify the chairperson,
	3281	+	vice-chairperson and ranking minority member of both the house and
	3282	+	senate energy and natural resources committees on or before the first day
	3283	+	of a legislative session of any such lease renewals pending for that
	3284	+	calendar year.
1719	3285		(e) As used in this section, "future appropriation" means an
1720	3286		appropriation for a fiscal year commencing more than one year after the
1721	3287		date the contract is entered.
1722		-	Sec. 40. K.S.A. 32-846 is hereby amended to read as follows: 32-
1723		-	846. (a) Pursuant to K.S.A. 32-845, and amendments thereto, the
1724		-	Kansas department of wildlife, and parks and tourism is hereby
1725		-	authorized to enter into a project cooperative agreement and related
1726		-	lease with the U.S. United States department of the army to modify and
1727		-	restore approximately 2,550 acres of permanent and seasonal wetland
1728		-	habitat located on the Republican River floodplain within the flood
1729		-	control pool of Milford Lake subject to the following: The proposed
1730		-	project shall be developed in the following three stages and moneys to
1731		-	pay the nonfederal share of project costs for each stage shall be secured
1732		-	before commencement of such stage:
	3288	+	Sec. 40. K.S.A. 32-846 is hereby amended to read as follows: 32-846.
	3289	+	(a) Pursuant to K.S.A. 32-845, and amendments thereto, the Kansas
	3290	+	department of wildlife, and parks and tourism is hereby authorized to enter
	3291	+	into a project cooperative agreement and related lease with the U.S.
	3292	+	United States department of the army to modify and restore approximately
	3293	+	2,550 acres of permanent and seasonal wetland habitat located on the
	3294	+	Republican River floodplain within the flood control pool of Milford Lake
	3295	+	subject to the following: The proposed project shall be developed in the
	3296	+	following three stages and moneys to pay the nonfederal share of project
	3297	+	costs for each stage shall be secured before commencement of such stage:
1733	3298		(1) Stage 1, in the areas of Lower Refuge, Cane Creek, Mall Creek
1734	3299		and Smith Bottoms, totaling approximately 1,030 acres;
1735		-	(2) stage 2, in the areas of Quimby Creek, Smith Bottoms
1736		-	addition, Beichter Bottoms, East Broughton 1 and 3 and West
1737		-	Broughton 1 and 2, totaling approximately 895 acres; and
	3300	+	(2) stage 2, in the areas of Quimby Creek, Smith Bottoms addition,
	3301	+	1
	3302	+	2
	3303	+	3
	3304	+	4
	3305	+	5
	3306	+	6
	3307	+	7
	3308	+	8
	3309	+	9
	3310	+	10
	3311	+	11
	3312	+	12
	3313	+	13
	3314	+	14
	3315	+	15
	3316	+	16
	3317	+	17
	3318	+	18
	3319	+	19
	3320	+	20
	3321	+	21
	3322	+	22
	3323	+	23
	3324	+	24
	3325	+	25
	3326	+	26
	3327	+	27
	3328	+	28
	3329	+	29
	3330	+	30
	3331	+	31
	3332	+	32
	3333	+	33
	3334	+	34
	3335	+	35
	3336	+	36
	3337	+	37
	3338	+	38
	3339	+	39
	3340	+	40
	3341	+	41
	3342	+	42
	3343	+	43 HB 2332 40
	3344	+	Beichter Bottoms, East Broughton 1 and 3 and West Broughton 1 and 2,
	3345	+	totaling approximately 895 acres; and
1738	3346		(3) stage 3, in the areas of West Broughton 3 and 4, Martin, East
1739	3347		Broughton 2 and 4 and Sugar Bowl, totaling approximately 415 acres.
1740	3348		(b) The Kansas department of wildlife, and parks and tourism is
1741	3349		hereby authorized to assume costs associated with the operation,
1742	3350		maintenance, repair, replacement and rehabilitation of the area in each
1743		-	stage of the Milford Lake wetlands wildlife habitat restoration project
1744		-	~~after~~ completion of such stage by the U.S. United States department of
1745		-	~~the~~ army. Such costs shall be paid from wildlife-related fee funds of the
	3351	+	stage of the Milford Lake wetlands wildlife habitat restoration project after
	3352	+	completion of such stage by the U.S. United States department of the
	3353	+	army. Such costs shall be paid from wildlife-related fee funds of the
1746	3354		department and from any nonstate moneys available for that purpose.
1747		-	Sec. 41. K.S.A. 32-869 is hereby amended to read as follows: 32-
1748		-	869. The Kansas development finance authority is hereby authorized to
1749		-	issue, pursuant to K.S.A. 32-857 through 32-864, and amendments
1750		-	thereto, revenue bonds in an amount or amounts not to exceed
1751		-	$30,000,000 for any one resort. The proceeds from the sale of such
1752		-	bonds shall be used, together with any other funds available for such
1753		-	purpose, to construct and equip a resort on state-owned or leased
1754		-	property under the jurisdiction of the Kansas department of wildlife,
1755		-	and parks and tourism. The bonds, and interest thereon, issued pursuant
1756		-	to this section shall be payable by the private sector developer from
1757		-	revenues to include including, but not limited to, resort charges, rentals
1758		-	and fees, such payment to be in lieu of lease payments and shall never
1759		-	be deemed to be an obligation or indebtedness of the state within the
1760		-	meaning of article 11, section 6 of the constitution of the state of
1761		-	Kansas constitution.
1762		-	Sec. 42. K.S.A. 32-873 is hereby amended to read as follows: 32-
1763		-	873. Notwithstanding the provisions of K.S.A. 32-867 through 32-872,
1764		-	the selection of any site by the secretary of wildlife, and parks and
1765		-	tourism and secretary of commerce pursuant to K.S.A. 32-874d, and
1766		-	amendments thereto, shall not become final, nor shall any revenue
1767		-	bonds be issued for the resort development, until the site so selected
1768		-	and the amount of the bonds proposed to be issued have been approved
1769		-	by the legislature or the state finance council acting on this matter
1770		-	which that is hereby characterized as a matter of legislative delegation
1771		-	and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-
1772		-	3711c(c), and amendments thereto.
1773		-	Sec. 43. K.S.A. 32-874 is hereby amended to read as follows: 32-
1774		-	874. (a) The secretary of commerce and the secretary of wildlife, and
1775		-	parks and tourism, together, shall direct and implement a feasibility HOUSE BILL No. 2332—page 31
1776		-	study regarding the potential of developing lake resorts in Kansas. The
1777		-	study shall consider ready access from nearby interstate and interstate
1778		-	connected controlled access highways, public transportation systems,
1779		-	facilities and any other factors that may affect tourism to a given site.
1780		-	The study shall consider only sites at existing state parks or lakes.
1781		-	(b) The feasibility study shall be completed by January 1, 1998,
1782		-	with a joint report on the study's results and recommendations derived
1783		-	therefrom to be presented to the legislature, house committee on
1784		-	tourism, senate committee on transportation and tourism and to the
1785		-	governor during the 1998 legislative session.
	3355	+	Sec. 41. K.S.A. 32-869 is hereby amended to read as follows: 32-869.
	3356	+	The Kansas development finance authority is hereby authorized to issue,
	3357	+	pursuant to K.S.A. 32-857 through 32-864, and amendments thereto,
	3358	+	revenue bonds in an amount or amounts not to exceed $30,000,000 for any
	3359	+	one resort. The proceeds from the sale of such bonds shall be used,
	3360	+	together with any other funds available for such purpose, to construct and
	3361	+	equip a resort on state-owned or leased property under the jurisdiction of
	3362	+	the Kansas department of wildlife, and parks and tourism. The bonds, and
	3363	+	interest thereon, issued pursuant to this section shall be payable by the
	3364	+	private sector developer from revenues to include including, but not
	3365	+	limited to, resort charges, rentals and fees, such payment to be in lieu of
	3366	+	lease payments and shall never be deemed to be an obligation or
	3367	+	indebtedness of the state within the meaning of article 11, section 6 of the
	3368	+	constitution of the state of Kansas constitution.
	3369	+	Sec. 42. K.S.A. 32-873 is hereby amended to read as follows: 32-873.
	3370	+	Notwithstanding the provisions of K.S.A. 32-867 through 32-872, the
	3371	+	selection of any site by the secretary of wildlife, and parks and tourism
	3372	+	and secretary of commerce pursuant to K.S.A. 32-874d, and amendments
	3373	+	thereto, shall not become final, nor shall any revenue bonds be issued for
	3374	+	the resort development, until the site so selected and the amount of the
	3375	+	bonds proposed to be issued have been approved by the legislature or the
	3376	+	state finance council acting on this matter which that is hereby
	3377	+	characterized as a matter of legislative delegation and subject to the
	3378	+	guidelines prescribed in subsection (c) of K.S.A. 75-3711c(c), and
	3379	+	amendments thereto.
	3380	+	Sec. 43. K.S.A. 32-874 is hereby amended to read as follows: 32-874.
	3381	+	(a) The secretary of commerce and the secretary of wildlife, and parks and
	3382	+	tourism, together, shall direct and implement a feasibility study regarding
	3383	+	the potential of developing lake resorts in Kansas. The study shall consider
	3384	+	ready access from nearby interstate and interstate connected controlled
	3385	+	access highways, public transportation systems, facilities and any other
	3386	+	factors that may affect tourism to a given site. The study shall consider
	3387	+	1
	3388	+	2
	3389	+	3
	3390	+	4
	3391	+	5
	3392	+	6
	3393	+	7
	3394	+	8
	3395	+	9
	3396	+	10
	3397	+	11
	3398	+	12
	3399	+	13
	3400	+	14
	3401	+	15
	3402	+	16
	3403	+	17
	3404	+	18
	3405	+	19
	3406	+	20
	3407	+	21
	3408	+	22
	3409	+	23
	3410	+	24
	3411	+	25
	3412	+	26
	3413	+	27
	3414	+	28
	3415	+	29
	3416	+	30
	3417	+	31
	3418	+	32
	3419	+	33
	3420	+	34
	3421	+	35
	3422	+	36
	3423	+	37
	3424	+	38
	3425	+	39
	3426	+	40
	3427	+	41
	3428	+	42
	3429	+	43 HB 2332 41
	3430	+	only sites at existing state parks or lakes.
	3431	+	(b) The feasibility study shall be completed by January 1, 1998, with
	3432	+	a joint report on the study's results and recommendations derived
	3433	+	therefrom to be presented to the legislature, house committee on tourism,
	3434	+	senate committee on transportation and tourism and to the governor during
	3435	+	the 1998 legislative session.
1786	3436		Sec. 44. K.S.A. 32-874a is hereby amended to read as follows: 32-
1787		-	874a. The feasibility study required under K.S.A. 32-874, and
1788		-	amendments thereto, being completed, the secretary of commerce, the
1789		-	secretary of wildlife, and parks and tourism and the secretary of
1790		-	transportation will develop an incentive plan outlining the state of
1791		-	Kansas' commitment toward building a lake resort which that shall
1792		-	include, but not limited to, infrastructure improvements, utility
1793		-	improvements and tax incentives to be offered for sites at, including,
1794		-	but not limited to, the six state parks selected in the feasibility study
1795		-	reported to the 1998 legislature: Cheney, Clinton, El Dorado, Hillsdale,
1796		-	Perry and Milford.
	3437	+	874a. The feasibility study required under K.S.A. 32-874, and amendments
	3438	+	thereto, being completed, the secretary of commerce, the secretary of
	3439	+	wildlife, and parks and tourism and the secretary of transportation will
	3440	+	develop an incentive plan outlining the state of Kansas' commitment
	3441	+	toward building a lake resort which that shall include, but not limited to,
	3442	+	infrastructure improvements, utility improvements and tax incentives to be
	3443	+	offered for sites at, including, but not limited to, the six state parks selected
	3444	+	in the feasibility study reported to the 1998 legislature: Cheney, Clinton, El
	3445	+	Dorado, Hillsdale, Perry and Milford.
1797	3446		Sec. 45. K.S.A. 32-874b is hereby amended to read as follows: 32-
1798		-	874b. Once the state incentive packages are agreed upon, the secretary
1799		-	of wildlife, and parks and tourism, under K.S.A. 32-807, 32-830 and
1800		-	~~32-831,~~ and amendments thereto, and the secretary of commerce under
1801		-	~~K.S.A. 74-~~5005, and amendments thereto, will take the incentive
1802		-	~~package for each~~ lake resort site to communities adjacent to each state
1803		-	~~park, revealing what~~ the state is willing to commit to the development
1804		-	~~of a lake resort near each~~ lake resort community and negotiate and
1805		-	~~determine what each community~~ is willing to offer as an incentive to
1806		-	~~have the lake resort develop near its~~ community.
	3447	+	874b. Once the state incentive packages are agreed upon, the secretary of
	3448	+	wildlife, and parks and tourism, under K.S.A. 32-807, 32-830 and 32-831,
	3449	+	and amendments thereto, and the secretary of commerce under K.S.A. 74-
	3450	+	5005, and amendments thereto, will take the incentive package for each
	3451	+	lake resort site to communities adjacent to each state park, revealing what
	3452	+	the state is willing to commit to the development of a lake resort near each
	3453	+	lake resort community and negotiate and determine what each community
	3454	+	is willing to offer as an incentive to have the lake resort develop near its
	3455	+	community.
1807	3456		Sec. 46. K.S.A. 32-874c is hereby amended to read as follows: 32-
1808		-	874c. The secretary of wildlife, and parks and tourism, if necessary,
1809		-	~~shall~~ negotiate and contract with the United States corps of engineers,
1810		-	~~bureau of~~ reclamation, or other federal agency under K.S.A. 32-824,
1811		-	~~32-825, 32-826~~ and 32-845, and amendments thereto, regarding a
1812		-	~~selected site and seek~~ the necessary legislative approval under K.S.A.
1813		-	~~32-843, and amendments~~ thereto.
	3457	+	874c. The secretary of wildlife, and parks and tourism, if necessary, shall
	3458	+	negotiate and contract with the United States corps of engineers, bureau of
	3459	+	reclamation, or other federal agency under K.S.A. 32-824, 32-825, 32-826
	3460	+	and 32-845, and amendments thereto, regarding a selected site and seek
	3461	+	the necessary legislative approval under K.S.A. 32-843, and amendments
	3462	+	thereto.
1814	3463		Sec. 47. K.S.A. 32-874d is hereby amended to read as follows: 32-
1815	3464		874d. (a) When the incentive packages for each of the lake resorts is
1816	3465		determined, the secretary of wildlife, and parks and tourism and the
1817	3466		secretary of commerce shall develop requests for proposals which that
1818		-	include the incentive packages for each site. The proposals received
1819		-	~~from~~ developers under subsection (h)(6) of K.S.A. 32-807(h)(6), and
	3467	+	include the incentive packages for each site. The proposals received from
	3468	+	developers under subsection (h)(6) of K.S.A. 32-807(h)(6), and
1820	3469		amendments thereto, shall be sealed.
1821		-	(b) (1) The Kansas department of wildlife, and parks and tourism
1822		-	and the department of commerce shall advertise for proposal plans with
1823		-	bids for development of sites selected under K.S.A. 32-867, 32-868,
1824		-	32-871 and 32-872, and amendments thereto. Advertisements for
1825		-	proposals with bids shall be published in the Kansas register and once
1826		-	each week for two consecutive weeks in a newspaper having general
1827		-	circulation in the community at least 60 days before the time for
1828		-	receiving the proposals with bids. The advertisement shall also be
1829		-	posted on readily accessible bulletin boards in all offices of the two
1830		-	departments and on the information network of Kansas. The
1831		-	advertisement shall identify the area to be developed, the purpose of the
1832		-	development and shall state that such further information as is available
1833		-	may be obtained from either departments' office in Topeka.
1834		-	(2) The two secretaries shall consider all proposals with bids HOUSE BILL No. 2332—page 32
1835		-	submitted, the financial and legal ability of the private sector
1836		-	developers making such proposals with bids to carry them out and may
1837		-	negotiate with any private sector developer for a proposal with bid. The
1838		-	secretaries may accept such proposal with bid as it deems to be in the
1839		-	public interest and in furtherance of the purposes of this act.
1840		-	(c) Once proposals are received from developers wishing to
1841		-	contract for building the resort, the secretary of wildlife, and parks and
1842		-	tourism utilizing powers and authority granted under K.S.A. 32-807,
1843		-	32-862, 32-863 and 32-867 through 32-872, and amendments thereto,
1844		-	and the secretary of commerce under K.S.A. 74-5005, and amendments
1845		-	thereto, shall select, negotiate and contract for the construction of a lake
1846		-	resort which that shall be operated as a private concession and
1847		-	developed with private funding to include, but not limited to, the
1848		-	issuance of revenue bonds under K.S.A. 32-857 through 32-864, and
1849		-	amendments thereto.
1850		-	(d) The secretary of wildlife, and parks and tourism and the
1851		-	secretary of commerce may engage a private consultant to assist in the
1852		-	development of a contract for the selected site. Consistent with the
1853		-	powers and authority granted to the secretary of wildlife, and parks and
1854		-	tourism, the secretary may waive any relevant park fees, obtain revenue
1855		-	from the resort and resort facilities and include penalty provisions in
1856		-	the contract regarding nonperformance by the operator and developer
1857		-	of the resort.
1858		-	(e) The secretary of wildlife, and parks and tourism and the
1859		-	secretary of commerce shall not seek approval under K.S.A. 32-873,
1860		-	and amendments thereto, until the requirements of subsections (a)
1861		-	through (d) are satisfied.
	3470	+	(b) (1) The Kansas department of wildlife, and parks and tourism and
	3471	+	the department of commerce shall advertise for proposal plans with bids
	3472	+	for development of sites selected under K.S.A. 32-867, 32-868, 32-871
	3473	+	1
	3474	+	2
	3475	+	3
	3476	+	4
	3477	+	5
	3478	+	6
	3479	+	7
	3480	+	8
	3481	+	9
	3482	+	10
	3483	+	11
	3484	+	12
	3485	+	13
	3486	+	14
	3487	+	15
	3488	+	16
	3489	+	17
	3490	+	18
	3491	+	19
	3492	+	20
	3493	+	21
	3494	+	22
	3495	+	23
	3496	+	24
	3497	+	25
	3498	+	26
	3499	+	27
	3500	+	28
	3501	+	29
	3502	+	30
	3503	+	31
	3504	+	32
	3505	+	33
	3506	+	34
	3507	+	35
	3508	+	36
	3509	+	37
	3510	+	38
	3511	+	39
	3512	+	40
	3513	+	41
	3514	+	42
	3515	+	43 HB 2332 42
	3516	+	and 32-872, and amendments thereto. Advertisements for proposals with
	3517	+	bids shall be published in the Kansas register and once each week for two
	3518	+	consecutive weeks in a newspaper having general circulation in the
	3519	+	community at least 60 days before the time for receiving the proposals
	3520	+	with bids. The advertisement shall also be posted on readily accessible
	3521	+	bulletin boards in all offices of the two departments and on the information
	3522	+	network of Kansas. The advertisement shall identify the area to be
	3523	+	developed, the purpose of the development and shall state that such further
	3524	+	information as is available may be obtained from either departments' office
	3525	+	in Topeka.
	3526	+	(2) The two secretaries shall consider all proposals with bids
	3527	+	submitted, the financial and legal ability of the private sector developers
	3528	+	making such proposals with bids to carry them out and may negotiate with
	3529	+	any private sector developer for a proposal with bid. The secretaries may
	3530	+	accept such proposal with bid as it deems to be in the public interest and in
	3531	+	furtherance of the purposes of this act.
	3532	+	(c) Once proposals are received from developers wishing to contract
	3533	+	for building the resort, the secretary of wildlife, and parks and tourism
	3534	+	utilizing powers and authority granted under K.S.A. 32-807, 32-862, 32-
	3535	+	863 and 32-867 through 32-872, and amendments thereto, and the
	3536	+	secretary of commerce under K.S.A. 74-5005, and amendments thereto,
	3537	+	shall select, negotiate and contract for the construction of a lake resort
	3538	+	which that shall be operated as a private concession and developed with
	3539	+	private funding to include, but not limited to, the issuance of revenue
	3540	+	bonds under K.S.A. 32-857 through 32-864, and amendments thereto.
	3541	+	(d) The secretary of wildlife, and parks and tourism and the secretary
	3542	+	of commerce may engage a private consultant to assist in the development
	3543	+	of a contract for the selected site. Consistent with the powers and authority
	3544	+	granted to the secretary of wildlife, and parks and tourism, the secretary
	3545	+	may waive any relevant park fees, obtain revenue from the resort and
	3546	+	resort facilities and include penalty provisions in the contract regarding
	3547	+	nonperformance by the operator and developer of the resort.
	3548	+	(e) The secretary of wildlife, and parks and tourism and the secretary
	3549	+	of commerce shall not seek approval under K.S.A. 32-873, and
	3550	+	amendments thereto, until the requirements of subsections (a) through (d)
	3551	+	are satisfied.
1862	3552		Sec. 48. K.S.A. 32-874e is hereby amended to read as follows: 32-
1863		-	874e. The secretary of wildlife, and parks and tourism and the secretary
1864		-	of commerce shall present a joint report concerning negotiations, site
	3553	+	874e. The secretary of wildlife, and parks and tourism and the secretary of
	3554	+	commerce shall present a joint report concerning negotiations, site
1865	3555		selection, and status of the resort to the legislature, house committee on
1866	3556		tourism, senate committee on transportation and tourism and to the
1867	3557		governor during the 1999 legislative session.
1868		-	Sec. 49. K.S.A. 32-886 is hereby amended to read as follows: 32-
1869		-	886. (a) Contingent upon a favorable response from federal agencies
1870		-	regarding development of shared resources, the secretary of wildlife,
1871		-	and parks and tourism shall identify and select sites suitable for the
1872		-	development of commercial, family oriented lodging areas at the
1873		-	following state parks: Clinton, Hillsdale, Kanopolis, El Dorado,
1874		-	Cheney, Wilson, Milford, Tuttle Creek, Pomona and such other state
1875		-	parks as the secretary deems appropriate.
	3558	+	Sec. 49. K.S.A. 32-886 is hereby amended to read as follows: 32-886.
	3559	+	1
	3560	+	2
	3561	+	3
	3562	+	4
	3563	+	5
	3564	+	6
	3565	+	7
	3566	+	8
	3567	+	9
	3568	+	10
	3569	+	11
	3570	+	12
	3571	+	13
	3572	+	14
	3573	+	15
	3574	+	16
	3575	+	17
	3576	+	18
	3577	+	19
	3578	+	20
	3579	+	21
	3580	+	22
	3581	+	23
	3582	+	24
	3583	+	25
	3584	+	26
	3585	+	27
	3586	+	28
	3587	+	29
	3588	+	30
	3589	+	31
	3590	+	32
	3591	+	33
	3592	+	34
	3593	+	35
	3594	+	36
	3595	+	37
	3596	+	38
	3597	+	39
	3598	+	40
	3599	+	41
	3600	+	42
	3601	+	43 HB 2332 43
	3602	+	(a) Contingent upon a favorable response from federal agencies regarding
	3603	+	development of shared resources, the secretary of wildlife, and parks and
	3604	+	tourism shall identify and select sites suitable for the development of
	3605	+	commercial, family oriented lodging areas at the following state parks:
	3606	+	Clinton, Hillsdale, Kanopolis, El Dorado, Cheney, Wilson, Milford, Tuttle
	3607	+	Creek, Pomona and such other state parks as the secretary deems
	3608	+	appropriate.
1876	3609		(b) Such identification and selection of the sites shall take into
1877		-	consideration the mission of the facility, the environmental
1878		-	~~considerations~~ and the availability of needed utilities.
1879		-	(c) Family oriented lodging shall not include the development of
1880		-	~~lake~~ resorts.
1881		-	Sec. 50. K.S.A. 32-887 is hereby amended to read as follows: 32-
1882		-	~~887.~~ The secretary of wildlife, and parks and tourism is then authorized
1883		-	to negotiate for a long-term lease with a private sector developer for
	3610	+	consideration the mission of the facility, the environmental considerations
	3611	+	and the availability of needed utilities.
	3612	+	(c) Family oriented lodging shall not include the development of lake
	3613	+	resorts.
	3614	+	Sec. 50. K.S.A. 32-887 is hereby amended to read as follows: 32-887.
	3615	+	The secretary of wildlife, and parks and tourism is then authorized to
	3616	+	negotiate for a long-term lease with a private sector developer for
1884	3617		improvement and development of any selected state park site. All such
1885		-	leases shall be on such terms as the secretary prescribes and adhere to
1886		-	the purposes and considerations of K.S.A. 32-886, and amendments
1887		-	thereto.
1888		-	Sec. 51. K.S.A. 32-888 is hereby amended to read as follows: 32-
1889		-	888. (a) The Kansas department of wildlife, and parks and tourism
1890		-	shall advertise for proposal plans with bids for development of sites
1891		-	selected under K.S.A. 32-886, and amendments thereto.
1892		-	Advertisements for proposals with bids shall be published once each
1893		-	week for two consecutive weeks in a newspaper having general HOUSE BILL No. 2332—page 33
1894		-	circulation in the community at least 60 days before the time for
1895		-	receiving the proposals with bids. The advertisement shall also be
1896		-	posted on readily accessible bulletin boards in all offices of the
1897		-	department. The advertisement shall identify the area to be developed,
1898		-	the purpose of the development and shall state that such further
1899		-	information as is available may be obtained from the department's
	3618	+	leases shall be on such terms as the secretary prescribes and adhere to the
	3619	+	purposes and considerations of K.S.A. 32-886, and amendments thereto.
	3620	+	Sec. 51. K.S.A. 32-888 is hereby amended to read as follows: 32-888.
	3621	+	(a) The Kansas department of wildlife, and parks and tourism shall
	3622	+	advertise for proposal plans with bids for development of sites selected
	3623	+	under K.S.A. 32-886, and amendments thereto. Advertisements for
	3624	+	proposals with bids shall be published once each week for two consecutive
	3625	+	weeks in a newspaper having general circulation in the community at least
	3626	+	60 days before the time for receiving the proposals with bids. The
	3627	+	advertisement shall also be posted on readily accessible bulletin boards in
	3628	+	all offices of the department. The advertisement shall identify the area to
	3629	+	be developed, the purpose of the development and shall state that such
	3630	+	further information as is available may be obtained from the department's
1900	3631		office in Topeka.
1901		-	(b) The secretary shall consider all proposals with bids submitted,
1902		-	~~the~~ financial and legal ability of the private sector developers making
1903		-	~~such~~ proposals with bids to carry them out and may negotiate with any
1904		-	~~private~~ sector developer for a proposal with bid. The secretary may
1905		-	~~accept such~~ proposal with bid as it deems to be in the public interest
1906		-	~~and in furtherance~~ of the purposes of this act.
1907		-	Sec. 52. K.S.A. 32-906 is hereby amended to read as follows: 32-
1908		-	~~906.~~ (a) Except as otherwise provided by law or rules and regulations
1909		-	~~of the~~ secretary of wildlife and parks, a valid Kansas fishing license is
1910		-	~~required to~~ fish or to take any bullfrog in this state.
	3632	+	(b) The secretary shall consider all proposals with bids submitted, the
	3633	+	financial and legal ability of the private sector developers making such
	3634	+	proposals with bids to carry them out and may negotiate with any private
	3635	+	sector developer for a proposal with bid. The secretary may accept such
	3636	+	proposal with bid as it deems to be in the public interest and in furtherance
	3637	+	of the purposes of this act.
	3638	+	Sec. 52. K.S.A. 32-906 is hereby amended to read as follows: 32-906.
	3639	+	(a) Except as otherwise provided by law or rules and regulations of the
	3640	+	secretary of wildlife and parks, a valid Kansas fishing license is required to
	3641	+	fish or to take any bullfrog in this state.
1911	3642		(b) The provisions of subsection (a) do not apply to fishing by:
1912		-	(1) A person, or a member of a person's immediate family
1913		-	domiciled with such person, on land owned by such person or on land
1914		-	leased or rented by such person for agricultural purposes;
	3643	+	(1) A person, or a member of a person's immediate family domiciled
	3644	+	with such person, on land owned by such person or on land leased or
	3645	+	1
	3646	+	2
	3647	+	3
	3648	+	4
	3649	+	5
	3650	+	6
	3651	+	7
	3652	+	8
	3653	+	9
	3654	+	10
	3655	+	11
	3656	+	12
	3657	+	13
	3658	+	14
	3659	+	15
	3660	+	16
	3661	+	17
	3662	+	18
	3663	+	19
	3664	+	20
	3665	+	21
	3666	+	22
	3667	+	23
	3668	+	24
	3669	+	25
	3670	+	26
	3671	+	27
	3672	+	28
	3673	+	29
	3674	+	30
	3675	+	31
	3676	+	32
	3677	+	33
	3678	+	34
	3679	+	35
	3680	+	36
	3681	+	37
	3682	+	38
	3683	+	39
	3684	+	40
	3685	+	41
	3686	+	42
	3687	+	43 HB 2332 44
	3688	+	rented by such person for agricultural purposes;
1915	3689		(2) a person who is less than 16 years of age;
1916	3690		(3) a resident of this state who is 75 years of age or more;
1917	3691		(4) a person fishing in a private water fishing impoundment unless
1918	3692		waived pursuant to K.S.A. 32-975, and amendments thereto;
1919	3693		(5) a resident of an adult care home, as defined by K.S.A. 39-923,
1920	3694		and amendments thereto, licensed by the secretary of for aging and
1921	3695		disability services;
1922	3696		(6) a person on dates designated pursuant to subsection (f);
1923		-	(7) a person fishing under a valid institutional group fishing
1924		-	~~license~~ issued pursuant to subsection (g); or
1925		-	(8) a participant in a fishing clinic sponsored or cosponsored by
1926		-	~~the~~ department, during the period of time that the fishing clinic is being
	3697	+	(7) a person fishing under a valid institutional group fishing license
	3698	+	issued pursuant to subsection (g); or
	3699	+	(8) a participant in a fishing clinic sponsored or cosponsored by the
	3700	+	department, during the period of time that the fishing clinic is being
1927	3701		conducted.
1928	3702		(c) The fee for a fishing license shall be the amount prescribed
1929	3703		pursuant to K.S.A. 32-988, and amendments thereto.
1930		-	(d) Unless otherwise provided by law or rules and regulations of
1931		-	~~the~~ secretary, a fishing license is valid throughout the state.
1932		-	(e) Unless otherwise provided by law or rules and regulations of
1933		-	~~the~~ secretary, a fishing license is valid from the date of issuance and
1934		-	~~expires~~ on December 31 following its issuance, except that the
1935		-	~~secretary may issue~~ a:
1936		-	(1) Permanent license pursuant to K.S.A. 32-929, and
1937		-	~~amendments~~ thereto;
	3704	+	(d) Unless otherwise provided by law or rules and regulations of the
	3705	+	secretary, a fishing license is valid throughout the state.
	3706	+	(e) Unless otherwise provided by law or rules and regulations of the
	3707	+	secretary, a fishing license is valid from the date of issuance and expires
	3708	+	on December 31 following its issuance, except that the secretary may issue
	3709	+	a:
	3710	+	(1) Permanent license pursuant to K.S.A. 32-929, and amendments
	3711	+	thereto;
1938	3712		(2) lifetime license pursuant to K.S.A. 32-930, and amendments
1939	3713		thereto;
1940	3714		(3) nonresident fishing license valid for a period of five days; and
1941	3715		(4) resident or nonresident fishing license valid for a period of 24
1942	3716		hours.
1943		-	(f) The secretary may designate by resolution two days each
1944		-	calendar year during which persons may fish by legal means without
1945		-	having a valid fishing license.
1946		-	(g) (1) The secretary shall issue an annual institutional group
1947		-	fishing license to each facility operating under the jurisdiction of or
1948		-	licensed by the secretary for aging and disability services and to any
1949		-	veterans administration medical center in the state of Kansas upon
1950		-	application by such facility or center to the secretary of wildlife, and
1951		-	parks and tourism for such license.
1952		-	(2) All applications for facilities under the jurisdiction of the HOUSE BILL No. 2332—page 34
1953		-	secretary for aging and disability services shall be made with the
1954		-	approval of the secretary for aging and disability services and shall
1955		-	provide such information as the secretary of wildlife, and parks and
1956		-	tourism requires. All applications for any veterans administration
1957		-	medical center shall be made with the approval of the director of such
1958		-	facility and shall provide such information as the secretary of wildlife,
1959		-	and parks and tourism requires. Persons who have been admitted to and
1960		-	are currently residing at the facility or center, not to exceed 20 at any
1961		-	one time, may fish under an institutional group fishing license within
1962		-	the state while on a group trip, group outing or other group activity
1963		-	which is supervised by the facility or center. Persons fishing under an
1964		-	institutional group fishing license shall not be required to obtain a
1965		-	fishing license but shall be subject to all other laws and to all rules and
1966		-	regulations relating to fishing.
1967		-	(3) The staff personnel of the facility or center supervising the
1968		-	group trip, group outing or other group activity shall have in their
1969		-	possession the institutional license when engaged in supervising any
1970		-	activity requiring the license. Such staff personnel may assist group
1971		-	members in all aspects of their fishing activity.
	3717	+	(f) The secretary may designate by resolution two days each calendar
	3718	+	year during which persons may fish by legal means without having a valid
	3719	+	fishing license.
	3720	+	(g) (1) The secretary shall issue an annual institutional group fishing
	3721	+	license to each facility operating under the jurisdiction of or licensed by
	3722	+	the secretary for aging and disability services and to any veterans
	3723	+	administration medical center in the state of Kansas upon application by
	3724	+	such facility or center to the secretary of wildlife, and parks and tourism
	3725	+	for such license.
	3726	+	(2) All applications for facilities under the jurisdiction of the
	3727	+	secretary for aging and disability services shall be made with the approval
	3728	+	of the secretary for aging and disability services and shall provide such
	3729	+	information as the secretary of wildlife, and parks and tourism requires.
	3730	+	All applications for any veterans administration medical center shall be
	3731	+	1
	3732	+	2
	3733	+	3
	3734	+	4
	3735	+	5
	3736	+	6
	3737	+	7
	3738	+	8
	3739	+	9
	3740	+	10
	3741	+	11
	3742	+	12
	3743	+	13
	3744	+	14
	3745	+	15
	3746	+	16
	3747	+	17
	3748	+	18
	3749	+	19
	3750	+	20
	3751	+	21
	3752	+	22
	3753	+	23
	3754	+	24
	3755	+	25
	3756	+	26
	3757	+	27
	3758	+	28
	3759	+	29
	3760	+	30
	3761	+	31
	3762	+	32
	3763	+	33
	3764	+	34
	3765	+	35
	3766	+	36
	3767	+	37
	3768	+	38
	3769	+	39
	3770	+	40
	3771	+	41
	3772	+	42
	3773	+	43 HB 2332 45
	3774	+	made with the approval of the director of such facility and shall provide
	3775	+	such information as the secretary of wildlife, and parks and tourism
	3776	+	requires. Persons who have been admitted to and are currently residing at
	3777	+	the facility or center, not to exceed 20 at any one time, may fish under an
	3778	+	institutional group fishing license within the state while on a group trip,
	3779	+	group outing or other group activity which is supervised by the facility or
	3780	+	center. Persons fishing under an institutional group fishing license shall not
	3781	+	be required to obtain a fishing license but shall be subject to all other laws
	3782	+	and to all rules and regulations relating to fishing.
	3783	+	(3) The staff personnel of the facility or center supervising the group
	3784	+	trip, group outing or other group activity shall have in their possession the
	3785	+	institutional license when engaged in supervising any activity requiring the
	3786	+	license. Such staff personnel may assist group members in all aspects of
	3787	+	their fishing activity.
1972	3788		(h) (1) The secretary may issue a special nonprofit group fishing
1973	3789		license to any community, civic or charitable organization which is
1974		-	organized as a not-for-profit corporation, for use by such community,
1975		-	~~civic~~ or charitable organization for the sole purpose of conducting
1976		-	~~group fishing~~ activities for handicapped or developmentally disabled
1977		-	~~individuals. All~~ applications for a special nonprofit group fishing
1978		-	~~license shall be made to~~ the secretary or the secretary's designee and
1979		-	~~shall provide such information~~ as required by the secretary.
1980		-	~~Handicapped or developmentally disabled~~ individuals
1981		-	(2) Persons with a physical or developmental disability, not to
1982		-	~~exceed~~ 20 at any one time, may fish under a special nonprofit group
1983		-	~~fishing~~ license while on a group trip, outing or activity which is
1984		-	~~supervised by the~~ community, civic or charitable organization.
1985		-	~~Individuals fishing under a~~ special nonprofit group fishing license shall
1986		-	~~not be required to obtain a~~ fishing license but shall be subject to all
1987		-	~~other laws and rules and~~ regulations relating to fishing.
	3790	+	organized as a not-for-profit corporation, for use by such community, civic
	3791	+	or charitable organization for the sole purpose of conducting group fishing
	3792	+	activities for handicapped or developmentally disabled individuals. All
	3793	+	applications for a special nonprofit group fishing license shall be made to
	3794	+	the secretary or the secretary's designee and shall provide such information
	3795	+	as required by the secretary. Handicapped or developmentally disabled
	3796	+	individuals
	3797	+	(2) Persons with a physical or developmental disability, not to exceed
	3798	+	20 at any one time, may fish under a special nonprofit group fishing
	3799	+	license while on a group trip, outing or activity which is supervised by the
	3800	+	community, civic or charitable organization. Individuals fishing under a
	3801	+	special nonprofit group fishing license shall not be required to obtain a
	3802	+	fishing license but shall be subject to all other laws and rules and
	3803	+	regulations relating to fishing.
1988	3804		(3) The staff personnel of the community, civic or charitable
1989	3805		organization supervising the group trip, outing or activity shall have in
1990		-	their possession the special nonprofit group fishing license when
1991		-	engaged in supervising any activity requiring the special nonprofit
1992		-	group fishing license. Such staff personnel may assist group members
1993		-	in all aspects of their fishing activity.
1994		-	(i) The provisions of paragraph subsection (b)(3) shall expire on
1995		-	June 30, 2020.
1996		-	Sec. 53. K.S.A. 32-918 is hereby amended to read as follows: 32-
1997		-	918. (a) Upon request of the secretary for children and families, the
1998		-	secretary of wildlife, and parks and tourism shall not allow any license,
1999		-	permit, stamp, tag or other issue of the Kansas department of wildlife,
2000		-	and parks and tourism to be purchased by any applicant except as
2001		-	provided in this section. The secretary for children and families may
2002		-	make such a request by providing the secretary of wildlife, and parks
2003		-	and tourism, on a quarterly basis, a listing of names and other
2004		-	information sufficient to allow the secretary of wildlife, and parks and
2005		-	tourism to match applicants against the list with reasonable accuracy.
2006		-	The secretary for children and families may include an individual on
	3806	+	their possession the special nonprofit group fishing license when engaged
	3807	+	in supervising any activity requiring the special nonprofit group fishing
	3808	+	license. Such staff personnel may assist group members in all aspects of
	3809	+	their fishing activity.
	3810	+	(i) The provisions of paragraph subsection (b)(3) shall expire on June
	3811	+	30, 2020.
	3812	+	Sec. 53. K.S.A. 32-918 is hereby amended to read as follows: 32-918.
	3813	+	(a) Upon request of the secretary for children and families, the secretary of
	3814	+	wildlife, and parks and tourism shall not allow any license, permit, stamp,
	3815	+	tag or other issue of the Kansas department of wildlife, and parks and
	3816	+	tourism to be purchased by any applicant except as provided in this
	3817	+	1
	3818	+	2
	3819	+	3
	3820	+	4
	3821	+	5
	3822	+	6
	3823	+	7
	3824	+	8
	3825	+	9
	3826	+	10
	3827	+	11
	3828	+	12
	3829	+	13
	3830	+	14
	3831	+	15
	3832	+	16
	3833	+	17
	3834	+	18
	3835	+	19
	3836	+	20
	3837	+	21
	3838	+	22
	3839	+	23
	3840	+	24
	3841	+	25
	3842	+	26
	3843	+	27
	3844	+	28
	3845	+	29
	3846	+	30
	3847	+	31
	3848	+	32
	3849	+	33
	3850	+	34
	3851	+	35
	3852	+	36
	3853	+	37
	3854	+	38
	3855	+	39
	3856	+	40
	3857	+	41
	3858	+	42
	3859	+	43 HB 2332 46
	3860	+	section. The secretary for children and families may make such a request
	3861	+	by providing the secretary of wildlife, and parks and tourism, on a
	3862	+	quarterly basis, a listing of names and other information sufficient to allow
	3863	+	the secretary of wildlife, and parks and tourism to match applicants against
	3864	+	the list with reasonable accuracy. The secretary for children and families
	3865	+	may include an individual on the listing if, at the time the listing is
	3866	+	compiled, the individual owes arrearages under a support order in a title
	3867	+	IV-D case or has failed, after appropriate notice, to comply with an
	3868	+	outstanding warrant or subpoena directed to the individual in a title IV-D
	3869	+	case. The secretary for children and families shall include an individual on
2007	3870		the listing if, at the time the listing is compiled, the individual owes
2008		-	arrearages under a support order in a title IV-D case or has failed, after
2009		-	appropriate notice, to comply with an outstanding warrant or subpoena
2010		-	directed to the individual in a title IV-D case. The secretary for children
2011		-	and families shall include an individual on the listing if, at the time the HOUSE BILL No. 2332—page 35
2012		-	listing is compiled, the individual owes arrearages under a support
2013		-	order, as reported to the secretary for children and families by the court
2014		-	trustee or has failed, after appropriate notice, to comply with a
2015		-	subpoena directed to the individual by the court trustee and as reported
2016		-	to the secretary for children and families by the court trustee.
2017		-	(b) If any applicant for a license, permit, stamp, tag or other issue
2018		-	of the Kansas department of wildlife, and parks and tourism is not
2019		-	allowed to complete a purchase pursuant to this section, the vendor of
2020		-	the license, permit, stamp, tag or other issue of the Kansas department
2021		-	of wildlife, and parks and tourism shall immediately deliver to the
2022		-	applicant a written notice, furnished by the state of Kansas, stating the
2023		-	basis for the action and how the applicant may dispute the action or
2024		-	request other relief. Such notice shall inform the applicant who owes
2025		-	arrearages in an IV-D case to contact the department for children and
2026		-	families and in a non-IV-D case to contact the court trustee.
2027		-	(c) Immediately upon receiving a release executed by an
2028		-	authorized agent of the secretary for children and families or the court
2029		-	trustee, the secretary of wildlife, and parks and tourism may allow the
2030		-	applicant to purchase any license, permit, stamp, tag or other issue of
2031		-	the Kansas department of wildlife, and parks and tourism. The
2032		-	applicant shall have the burden of obtaining and delivering the release.
2033		-	The secretary for children and families or the court trustee may limit
2034		-	the duration of the release.
2035		-	(d) Upon request, the secretary for children and families shall
2036		-	issue a release if, as appropriate:
	3871	+	arrearages under a support order, as reported to the secretary for children
	3872	+	and families by the court trustee or has failed, after appropriate notice, to
	3873	+	comply with a subpoena directed to the individual by the court trustee and
	3874	+	as reported to the secretary for children and families by the court trustee.
	3875	+	(b) If any applicant for a license, permit, stamp, tag or other issue of
	3876	+	the Kansas department of wildlife, and parks and tourism is not allowed to
	3877	+	complete a purchase pursuant to this section, the vendor of the license,
	3878	+	permit, stamp, tag or other issue of the Kansas department of wildlife, and
	3879	+	parks and tourism shall immediately deliver to the applicant a written
	3880	+	notice, furnished by the state of Kansas, stating the basis for the action and
	3881	+	how the applicant may dispute the action or request other relief. Such
	3882	+	notice shall inform the applicant who owes arrearages in an IV-D case to
	3883	+	contact the department for children and families and in a non-IV-D case to
	3884	+	contact the court trustee.
	3885	+	(c) Immediately upon receiving a release executed by an authorized
	3886	+	agent of the secretary for children and families or the court trustee, the
	3887	+	secretary of wildlife, and parks and tourism may allow the applicant to
	3888	+	purchase any license, permit, stamp, tag or other issue of the Kansas
	3889	+	department of wildlife, and parks and tourism. The applicant shall have the
	3890	+	burden of obtaining and delivering the release. The secretary for children
	3891	+	and families or the court trustee may limit the duration of the release.
	3892	+	(d) Upon request, the secretary for children and families shall issue a
	3893	+	release if, as appropriate:
2037	3894		(1) The arrearages are paid in full or a tribunal of competent
2038	3895		jurisdiction has determined that no arrearages are owed;
2039		-	(2) an income withholding order in the case has been served upon
2040		-	~~the~~ applicant's current employer or payor;
	3896	+	(2) an income withholding order in the case has been served upon the
	3897	+	applicant's current employer or payor;
2041	3898		(3) an agreement has been completed or an order has been entered
2042		-	setting minimum payments to defray the arrearages, together with
2043		-	~~receipt~~ of the first minimum payment;
	3899	+	setting minimum payments to defray the arrearages, together with receipt
	3900	+	of the first minimum payment;
2044	3901		(4) the applicant has complied with the warrant or subpoena or the
2045	3902		warrant or subpoena has been quashed or withdrawn; or
	3903	+	1
	3904	+	2
	3905	+	3
	3906	+	4
	3907	+	5
	3908	+	6
	3909	+	7
	3910	+	8
	3911	+	9
	3912	+	10
	3913	+	11
	3914	+	12
	3915	+	13
	3916	+	14
	3917	+	15
	3918	+	16
	3919	+	17
	3920	+	18
	3921	+	19
	3922	+	20
	3923	+	21
	3924	+	22
	3925	+	23
	3926	+	24
	3927	+	25
	3928	+	26
	3929	+	27
	3930	+	28
	3931	+	29
	3932	+	30
	3933	+	31
	3934	+	32
	3935	+	33
	3936	+	34
	3937	+	35
	3938	+	36
	3939	+	37
	3940	+	38
	3941	+	39
	3942	+	40
	3943	+	41
	3944	+	42
	3945	+	43 HB 2332 47
2046	3946		(5) the court trustee notifies the secretary for children and families
2047		-	that the applicant has paid the arrearages in full or has complied with
2048		-	~~the~~ subpoena or the subpoena has been quashed or withdrawn.
	3947	+	that the applicant has paid the arrearages in full or has complied with the
	3948	+	subpoena or the subpoena has been quashed or withdrawn.
2049	3949		(e) Individuals previously included in a quarterly listing may be
2050	3950		omitted from any subsequent listing by the secretary for children and
2051	3951		families. When a new listing takes effect, the secretary of wildlife, and
2052		-	parks and tourism may allow any individual not included in the new
2053		-	~~listing~~ to purchase any license, permit, stamp, tag or other issue of the
2054		-	~~Kansas~~ department of wildlife, and parks and tourism, whether or not
2055		-	~~the applicant~~ had been included in a previous listing.
2056		-	(f) Nothing in this section shall be construed to require or permit
2057		-	~~the~~ secretary of wildlife, and parks and tourism to determine any issue
2058		-	~~related~~ to a child support order or related to the title IV-D case,
2059		-	~~including~~ questions of mistaken identity or the adequacy of any notice
2060		-	~~provided~~ pursuant to this section. In a title IV-D case, the secretary for
2061		-	~~children and~~ families shall provide an opportunity for fair hearing
2062		-	~~pursuant to K.S.A.~~ 75-3306, and amendments thereto, to any person
2063		-	~~who has been denied any~~ license, permit, stamp, tag or other issue of
2064		-	~~the Kansas department of~~ wildlife, and parks and tourism pursuant to
2065		-	~~this section, provided that the~~ person complies with the requirements of
2066		-	~~the secretary for children and~~ families for requesting such fair hearing.
2067		-	~~In a non-IV-D case, the applicant~~ shall contact the court trustee.
2068		-	(g) The term "title IV-D" has the meaning ascribed thereto means
2069		-	~~the~~ same as provided in K.S.A. 32-930, and amendments thereto.
2070		-	(h) The secretary for children and families and the secretary of ~~HOUSE BILL No. 2332—page 36~~
	3952	+	parks and tourism may allow any individual not included in the new listing
	3953	+	to purchase any license, permit, stamp, tag or other issue of the Kansas
	3954	+	department of wildlife, and parks and tourism, whether or not the applicant
	3955	+	had been included in a previous listing.
	3956	+	(f) Nothing in this section shall be construed to require or permit the
	3957	+	secretary of wildlife, and parks and tourism to determine any issue related
	3958	+	to a child support order or related to the title IV-D case, including
	3959	+	questions of mistaken identity or the adequacy of any notice provided
	3960	+	pursuant to this section. In a title IV-D case, the secretary for children and
	3961	+	families shall provide an opportunity for fair hearing pursuant to K.S.A.
	3962	+	75-3306, and amendments thereto, to any person who has been denied any
	3963	+	license, permit, stamp, tag or other issue of the Kansas department of
	3964	+	wildlife, and parks and tourism pursuant to this section, provided that the
	3965	+	person complies with the requirements of the secretary for children and
	3966	+	families for requesting such fair hearing. In a non-IV-D case, the applicant
	3967	+	shall contact the court trustee.
	3968	+	(g) The term "title IV-D" has the meaning ascribed thereto means the
	3969	+	same as provided in K.S.A. 32-930, and amendments thereto.
	3970	+	(h) The secretary for children and families and the secretary of
2071	3971		wildlife, and parks and tourism may enter into an agreement for
2072	3972		administering the provisions of this section.
2073	3973		(i) The secretary for children and families and the secretary of
2074	3974		wildlife, and parks and tourism may each adopt rules and regulations
2075	3975		necessary to carry out the provisions of this section.
2076		-	(j) Upon receipt of such list, the secretary of wildlife, and parks
2077		-	and tourism shall send by first class mail, a letter to any new individual
2078		-	on the listing who has a current license, permit, stamp, tag or other
2079		-	issue of the Kansas department of wildlife, and parks and tourism
2080		-	informing such individual of the provisions of this section.
2081		-	Sec. 54. K.S.A. 32-930 is hereby amended to read as follows: 32-
2082		-	930. (a) (1) Except as provided in subsection (c), the secretary of
2083		-	wildlife and parks or the secretary's designee is authorized to issue to
2084		-	any Kansas resident a lifetime fishing, hunting or furharvester or
2085		-	combination hunting and fishing license upon proper application made
2086		-	therefor to the secretary or the secretary's designee and payment of a
2087		-	license fee as follows:
	3976	+	(j) Upon receipt of such list, the secretary of wildlife, and parks and
	3977	+	tourism shall send by first class mail, a letter to any new individual on the
	3978	+	listing who has a current license, permit, stamp, tag or other issue of the
	3979	+	Kansas department of wildlife, and parks and tourism informing such
	3980	+	individual of the provisions of this section.
	3981	+	Sec. 54. K.S.A. 32-930 is hereby amended to read as follows: 32-930.
	3982	+	(a) (1) Except as provided in subsection (c), the secretary of wildlife and
	3983	+	parks or the secretary's designee is authorized to issue to any Kansas
	3984	+	resident a lifetime fishing, hunting or furharvester or combination hunting
	3985	+	and fishing license upon proper application made therefor to the secretary
	3986	+	or the secretary's designee and payment of a license fee as follows:
2088	3987		(1)(A) A total payment made at the time of purchase in the amount
2089	3988		prescribed pursuant to K.S.A. 32-988, and amendments thereto; or
2090		-	(2)(B) payment may be made over a two-year period in eight
2091		-	quarter-annual installments in the amount prescribed pursuant to K.S.A.
2092		-	32-988, and amendments thereto.
2093		-	(2) If payment is in installments, the license shall not be issued
2094		-	until the final installment has been paid. A person making installment
2095		-	payments shall not be required to obtain the appropriate annual license,
2096		-	and each installment payment shall be deemed to be such an annual
2097		-	license for a period of one year following the date of the last
2098		-	installment payment made. If an installment payment is not received
2099		-	within 30 days after it is due and owing, the secretary may consider the
2100		-	payments in default and may retain any payments previously received.
2101		-	(3) Any lifetime license issued to a Kansas resident shall not be
2102		-	made invalid by reason of the holder thereof subsequently residing
2103		-	outside the state of Kansas. Any nonresident holder of a Kansas
2104		-	lifetime hunting or combination hunting and fishing license shall be
2105		-	eligible under the same conditions as a Kansas resident for a big game
2106		-	or wild turkey permit upon proper application to the secretary. Any
2107		-	nonresident holder of a lifetime fishing license issued before July 1,
2108		-	1989, shall be eligible under the same conditions as a Kansas resident
2109		-	for a big game or wild turkey permit upon proper application to the
2110		-	secretary.
	3989	+	1
	3990	+	2
	3991	+	3
	3992	+	4
	3993	+	5
	3994	+	6
	3995	+	7
	3996	+	8
	3997	+	9
	3998	+	10
	3999	+	11
	4000	+	12
	4001	+	13
	4002	+	14
	4003	+	15
	4004	+	16
	4005	+	17
	4006	+	18
	4007	+	19
	4008	+	20
	4009	+	21
	4010	+	22
	4011	+	23
	4012	+	24
	4013	+	25
	4014	+	26
	4015	+	27
	4016	+	28
	4017	+	29
	4018	+	30
	4019	+	31
	4020	+	32
	4021	+	33
	4022	+	34
	4023	+	35
	4024	+	36
	4025	+	37
	4026	+	38
	4027	+	39
	4028	+	40
	4029	+	41
	4030	+	42
	4031	+	43 HB 2332 48
	4032	+	(2)(B) payment may be made over a two-year period in eight quarter-
	4033	+	annual installments in the amount prescribed pursuant to K.S.A. 32-988,
	4034	+	and amendments thereto.
	4035	+	(2) If payment is in installments, the license shall not be issued until
	4036	+	the final installment has been paid. A person making installment payments
	4037	+	shall not be required to obtain the appropriate annual license, and each
	4038	+	installment payment shall be deemed to be such an annual license for a
	4039	+	period of one year following the date of the last installment payment made.
	4040	+	If an installment payment is not received within 30 days after it is due and
	4041	+	owing, the secretary may consider the payments in default and may retain
	4042	+	any payments previously received.
	4043	+	(3) Any lifetime license issued to a Kansas resident shall not be made
	4044	+	invalid by reason of the holder thereof subsequently residing outside the
	4045	+	state of Kansas. Any nonresident holder of a Kansas lifetime hunting or
	4046	+	combination hunting and fishing license shall be eligible under the same
	4047	+	conditions as a Kansas resident for a big game or wild turkey permit upon
	4048	+	proper application to the secretary. Any nonresident holder of a lifetime
	4049	+	fishing license issued before July 1, 1989, shall be eligible under the same
	4050	+	conditions as a Kansas resident for a big game or wild turkey permit upon
	4051	+	proper application to the secretary.
2111	4052		(b) For the purposes of As used in subsection (a), the term
2112		-	"resident" shall have the meaning defined means the same as provided
2113		-	in K.S.A. 32-701, and amendments thereto, except that a person shall
2114		-	~~have~~ maintained that person's place of permanent abode in this state for
2115		-	~~a period~~ of not less than one year immediately preceding the person's
2116		-	~~application~~ for a lifetime fishing, hunting or furharvester or
2117		-	~~combination hunting and~~ fishing license.
	4053	+	"resident" shall have the meaning defined means the same as provided in
	4054	+	K.S.A. 32-701, and amendments thereto, except that a person shall have
	4055	+	maintained that person's place of permanent abode in this state for a period
	4056	+	of not less than one year immediately preceding the person's application
	4057	+	for a lifetime fishing, hunting or furharvester or combination hunting and
	4058	+	fishing license.
2118	4059		(c) (1) Upon request of the secretary for children and families, the
2119	4060		secretary of wildlife, and parks and tourism shall not issue a lifetime
2120		-	fishing, hunting or furharvester or combination hunting and fishing
2121		-	~~license~~ to an applicant except as provided in this subsection. The
2122		-	~~secretary for~~ children and families may make such a request if, at the
2123		-	~~time of the~~ request, the applicant:
2124		-	(A) Owed arrearages under a support order in a title IV-D case
2125		-	~~being~~ administered by the secretary for children and families;
2126		-	(B) had outstanding a warrant or subpoena, directed to the
2127		-	~~applicant,~~ in a title IV-D case being administered by the secretary for
2128		-	~~children and~~ families;
2129		-	(C) owes arrearages under a support order, as reported to the ~~HOUSE BILL No. 2332—page 37~~
	4061	+	fishing, hunting or furharvester or combination hunting and fishing license
	4062	+	to an applicant except as provided in this subsection. The secretary for
	4063	+	children and families may make such a request if, at the time of the
	4064	+	request, the applicant:
	4065	+	(A) Owed arrearages under a support order in a title IV-D case being
	4066	+	administered by the secretary for children and families;
	4067	+	(B) had outstanding a warrant or subpoena, directed to the applicant,
	4068	+	in a title IV-D case being administered by the secretary for children and
	4069	+	families;
	4070	+	(C) owes arrearages under a support order, as reported to the
2130	4071		secretary for children and families by the court trustee; or
2131	4072		(D) has failed, after appropriate notice, to comply with a subpoena
2132		-	directed to the individual by the court trustee as reported to the
2133		-	secretary for children and families by the court trustee.
2134		-	(2) Upon receiving a release from an authorized agent of the
2135		-	secretary for children and families or the court trustee, the secretary of
2136		-	wildlife, and parks and tourism may issue the lifetime fishing, hunting
2137		-	or furharvester or combination hunting and fishing license. The
2138		-	applicant shall have the burden of obtaining and delivering the release.
2139		-	(3) The secretary for children and families shall issue a release
2140		-	upon request if, as appropriate:
	4073	+	directed to the individual by the court trustee as reported to the secretary
	4074	+	for children and families by the court trustee.
	4075	+	1
	4076	+	2
	4077	+	3
	4078	+	4
	4079	+	5
	4080	+	6
	4081	+	7
	4082	+	8
	4083	+	9
	4084	+	10
	4085	+	11
	4086	+	12
	4087	+	13
	4088	+	14
	4089	+	15
	4090	+	16
	4091	+	17
	4092	+	18
	4093	+	19
	4094	+	20
	4095	+	21
	4096	+	22
	4097	+	23
	4098	+	24
	4099	+	25
	4100	+	26
	4101	+	27
	4102	+	28
	4103	+	29
	4104	+	30
	4105	+	31
	4106	+	32
	4107	+	33
	4108	+	34
	4109	+	35
	4110	+	36
	4111	+	37
	4112	+	38
	4113	+	39
	4114	+	40
	4115	+	41
	4116	+	42
	4117	+	43 HB 2332 49
	4118	+	(2) Upon receiving a release from an authorized agent of the secretary
	4119	+	for children and families or the court trustee, the secretary of wildlife, and
	4120	+	parks and tourism may issue the lifetime fishing, hunting or furharvester or
	4121	+	combination hunting and fishing license. The applicant shall have the
	4122	+	burden of obtaining and delivering the release.
	4123	+	(3) The secretary for children and families shall issue a release upon
	4124	+	request if, as appropriate:
2141	4125		(A) The arrearages are paid in full or a tribunal of competent
2142	4126		jurisdiction has determined that no arrearages are owed;
2143		-	(B) an income withholding order has been served upon the
2144		-	~~applicant's~~ current employer or payor;
	4127	+	(B) an income withholding order has been served upon the applicant's
	4128	+	current employer or payor;
2145	4129		(C) an agreement has been completed or an order has been entered
2146		-	setting minimum payments to defray the arrearages, together with
2147		-	~~receipt~~ of the first minimum payment;
2148		-	(D) the applicant has complied with the warrant or subpoena or
2149		-	~~the~~ warrant or subpoena has been quashed or withdrawn; or
	4130	+	setting minimum payments to defray the arrearages, together with receipt
	4131	+	of the first minimum payment;
	4132	+	(D) the applicant has complied with the warrant or subpoena or the
	4133	+	warrant or subpoena has been quashed or withdrawn; or
2150	4134		(E) the court trustee notifies the secretary for children and families
2151		-	that the applicant has paid the arrearages in full or has complied with
2152		-	~~the~~ subpoena or the subpoena has been quashed or withdrawn.
	4135	+	that the applicant has paid the arrearages in full or has complied with the
	4136	+	subpoena or the subpoena has been quashed or withdrawn.
2153	4137		(d) (1) Upon request of the secretary for children and families, the
2154	4138		secretary of wildlife, and parks and tourism shall suspend a lifetime
2155		-	fishing, hunting or furharvester or combination hunting and fishing
2156		-	~~license~~ to a licensee as provided in this subsection. The secretary for
2157		-	~~children and~~ families may make such a request if, at the time of the
2158		-	~~request, the~~ applicant owed arrearages under a support order or had
2159		-	~~outstanding a~~ warrant or subpoena as stated in subsection (c)(1).
2160		-	(2) Upon receiving a release from an authorized agent of the
2161		-	~~secretary~~ for children and families or the court trustee, the secretary of
2162		-	~~wildlife, and~~ parks and tourism may reinstate the lifetime fishing,
2163		-	~~hunting or~~ furharvester or combination hunting and fishing license. The
2164		-	~~licensee shall~~ have the burden of obtaining and delivering the release.
2165		-	(3) The secretary for children and families shall issue a release
2166		-	~~upon~~ request if the requirements of subsection (c)(3) are met.
	4139	+	fishing, hunting or furharvester or combination hunting and fishing license
	4140	+	to a licensee as provided in this subsection. The secretary for children and
	4141	+	families may make such a request if, at the time of the request, the
	4142	+	applicant owed arrearages under a support order or had outstanding a
	4143	+	warrant or subpoena as stated in subsection (c)(1).
	4144	+	(2) Upon receiving a release from an authorized agent of the secretary
	4145	+	for children and families or the court trustee, the secretary of wildlife, and
	4146	+	parks and tourism may reinstate the lifetime fishing, hunting or
	4147	+	furharvester or combination hunting and fishing license. The licensee shall
	4148	+	have the burden of obtaining and delivering the release.
	4149	+	(3) The secretary for children and families shall issue a release upon
	4150	+	request if the requirements of subsection (c)(3) are met.
2167	4151		(e) Nothing in subsection (c) or (d) shall be construed to require or
2168	4152		permit the secretary of wildlife, and parks and tourism to determine any
2169	4153		issue related to a child support order or related to the title IV-D case
2170	4154		including to resolve questions of mistaken identity or determine the
2171		-	adequacy of any notice relating to subsection (c) or (d) that the
2172		-	secretary of wildlife, and parks and tourism provides to the applicant.
2173		-	(f) "Title IV-D" means part D of title IV of the federal social
2174		-	security act, 42 U.S.C. § 651 et seq., as in effect on December 31,
2175		-	2001, relating to child support enforcement services.
2176		-	(g) The secretary of wildlife and parks, in accordance with K.S.A.
2177		-	32-805, and amendments thereto, may adopt rules and regulations
2178		-	necessary to carry out the provisions of this section.
2179		-	Sec. 55. K.S.A. 32-932 is hereby amended to read as follows: 32-
2180		-	932. (a) Any person having a permanent disability to the extent that
2181		-	such person cannot physically use a conventional long bow or
2182		-	compound bow, as certified by a person licensed to practice the healing
2183		-	arts in any state, shall be authorized to hunt and take deer, antelope, elk
2184		-	or wild turkey with a crossbow.
	4155	+	adequacy of any notice relating to subsection (c) or (d) that the secretary of
	4156	+	wildlife, and parks and tourism provides to the applicant.
	4157	+	(f) "Title IV-D" means part D of title IV of the federal social security
	4158	+	act, 42 U.S.C. § 651 et seq., as in effect on December 31, 2001, relating to
	4159	+	child support enforcement services.
	4160	+	(g) The secretary of wildlife and parks, in accordance with K.S.A. 32-
	4161	+	1
	4162	+	2
	4163	+	3
	4164	+	4
	4165	+	5
	4166	+	6
	4167	+	7
	4168	+	8
	4169	+	9
	4170	+	10
	4171	+	11
	4172	+	12
	4173	+	13
	4174	+	14
	4175	+	15
	4176	+	16
	4177	+	17
	4178	+	18
	4179	+	19
	4180	+	20
	4181	+	21
	4182	+	22
	4183	+	23
	4184	+	24
	4185	+	25
	4186	+	26
	4187	+	27
	4188	+	28
	4189	+	29
	4190	+	30
	4191	+	31
	4192	+	32
	4193	+	33
	4194	+	34
	4195	+	35
	4196	+	36
	4197	+	37
	4198	+	38
	4199	+	39
	4200	+	40
	4201	+	41
	4202	+	42
	4203	+	43 HB 2332 50
	4204	+	805, and amendments thereto, may adopt rules and regulations necessary
	4205	+	to carry out the provisions of this section.
	4206	+	Sec. 55. K.S.A. 32-932 is hereby amended to read as follows: 32-932.
	4207	+	(a) Any person having a permanent disability to the extent that such person
	4208	+	cannot physically use a conventional long bow or compound bow, as
	4209	+	certified by a person licensed to practice the healing arts in any state, shall
	4210	+	be authorized to hunt and take deer, antelope, elk or wild turkey with a
	4211	+	crossbow.
2185	4212		(b) The secretary of wildlife, and parks and tourism shall adopt, in
2186	4213		accordance with K.S.A. 32-805, and amendments thereto, rules and
2187	4214		regulations requiring permits to hunt deer, antelope, elk or wild turkey
2188		-	pursuant to subsection (a) and providing for the approval of applicants ~~HOUSE BILL No. 2332—page 38~~
2189		-	~~for~~ such permits and the issuance thereof. In addition, the secretary may
2190		-	~~adopt~~ rules and regulations limiting the times and areas for hunting and
2191		-	~~taking~~ deer, antelope, elk and wild turkey and limiting the number of
2192		-	~~deer,~~ antelope, elk and wild turkey which that may be taken pursuant to
	4215	+	pursuant to subsection (a) and providing for the approval of applicants for
	4216	+	such permits and the issuance thereof. In addition, the secretary may adopt
	4217	+	rules and regulations limiting the times and areas for hunting and taking
	4218	+	deer, antelope, elk and wild turkey and limiting the number of deer,
	4219	+	antelope, elk and wild turkey which that may be taken pursuant to
2193	4220		subsection (a).
2194		-	(c) Falsely obtaining or using a permit authorized by this section is
2195		-	a class C nonperson misdemeanor.
2196		-	Sec. 56. K.S.A. 32-938 is hereby amended to read as follows: 32-
2197		-	938. The Kansas department of wildlife, and parks and tourism may
2198		-	reissue big game or wild turkey limited draw permits to military
2199		-	personnel forced to forfeit their limited draw permit due to deployment
2200		-	in the event of armed conflict or war upon application and payment of
2201		-	the prescribed fee to the department and sufficient proof of such
2202		-	deployment. The permit, if reissued, shall be the same type, season and
2203		-	species permit that was forfeited and shall be valid during the next
2204		-	available hunting season upon return from the armed conflict or war by
2205		-	the applicant provided that the secretary may defer the reissuance of a
2206		-	permit to a future hunting season if the overall demand for reissued
2207		-	permits exceeds the anticipated annual sustainable harvest for that
2208		-	species. The reissuance of a permit shall be based on a first come, first
2209		-	served basis.
	4221	+	(c) Falsely obtaining or using a permit authorized by this section is a
	4222	+	class C nonperson misdemeanor.
	4223	+	Sec. 56. K.S.A. 32-938 is hereby amended to read as follows: 32-938.
	4224	+	The Kansas department of wildlife, and parks and tourism may reissue big
	4225	+	game or wild turkey limited draw permits to military personnel forced to
	4226	+	forfeit their limited draw permit due to deployment in the event of armed
	4227	+	conflict or war upon application and payment of the prescribed fee to the
	4228	+	department and sufficient proof of such deployment. The permit, if
	4229	+	reissued, shall be the same type, season and species permit that was
	4230	+	forfeited and shall be valid during the next available hunting season upon
	4231	+	return from the armed conflict or war by the applicant provided that the
	4232	+	secretary may defer the reissuance of a permit to a future hunting season if
	4233	+	the overall demand for reissued permits exceeds the anticipated annual
	4234	+	sustainable harvest for that species. The reissuance of a permit shall be
	4235	+	based on a first come, first served basis.
2210	4236		Sec. 57. K.S.A. 32-960a is hereby amended to read as follows: 32-
2211		-	960a. (a) On or before January 1, 1998, The secretary of wildlife and
2212		-	parks shall adopt, in accordance with K.S.A. 32-805, and amendments
2213		-	thereto, rules and regulations establishing procedures for developing
2214		-	and implementing recovery plans for all species listed as in need of
2215		-	conservation, threatened or endangered. The secretary shall give
2216		-	priority to development of recovery plans for particular species based
2217		-	on a cumulative assessment of the scientific evidence available. Based
2218		-	on the priority ranking, the secretary shall develop and begin
2219		-	implementation of recovery plans for at least two listed species on or
2220		-	before January 1, 1999.
	4237	+	960a. (a) On or before January 1, 1998, The secretary of wildlife and parks
	4238	+	shall adopt, in accordance with K.S.A. 32-805, and amendments thereto,
	4239	+	rules and regulations establishing procedures for developing and
	4240	+	implementing recovery plans for all species listed as in need of
	4241	+	conservation, threatened or endangered. The secretary shall give priority to
	4242	+	development of recovery plans for particular species based on a
	4243	+	cumulative assessment of the scientific evidence available. Based on the
	4244	+	priority ranking, the secretary shall develop and begin implementation of
	4245	+	recovery plans for at least two listed species on or before January 1, 1999.
2221	4246		(b) Whenever a species is added to the list of threatened or
2222		-	endangered species, the secretary shall establish a volunteer local
2223		-	advisory committee composed of members broadly representative of
2224		-	the area affected by the addition of the species to the list. Members
2225		-	shall include representatives of specialists from academic institutions,
2226		-	agribusiness and other trade organizations, state environmental and
2227		-	conservation organizations and other interested organizations and
2228		-	individuals. In addition, the membership shall include, if appropriate,
2229		-	landowners and public officials representing state, local and tribal
2230		-	governments. To the maximum extent possible, committee membership
2231		-	shall evenly balance the interests of all potentially affected groups and
2232		-	institutions.
	4247	+	1
	4248	+	2
	4249	+	3
	4250	+	4
	4251	+	5
	4252	+	6
	4253	+	7
	4254	+	8
	4255	+	9
	4256	+	10
	4257	+	11
	4258	+	12
	4259	+	13
	4260	+	14
	4261	+	15
	4262	+	16
	4263	+	17
	4264	+	18
	4265	+	19
	4266	+	20
	4267	+	21
	4268	+	22
	4269	+	23
	4270	+	24
	4271	+	25
	4272	+	26
	4273	+	27
	4274	+	28
	4275	+	29
	4276	+	30
	4277	+	31
	4278	+	32
	4279	+	33
	4280	+	34
	4281	+	35
	4282	+	36
	4283	+	37
	4284	+	38
	4285	+	39
	4286	+	40
	4287	+	41
	4288	+	42
	4289	+	43 HB 2332 51
	4290	+	endangered species, the secretary shall establish a volunteer local advisory
	4291	+	committee composed of members broadly representative of the area
	4292	+	affected by the addition of the species to the list. Members shall include
	4293	+	representatives of specialists from academic institutions, agribusiness and
	4294	+	other trade organizations, state environmental and conservation
	4295	+	organizations and other interested organizations and individuals. In
	4296	+	addition, the membership shall include, if appropriate, landowners and
	4297	+	public officials representing state, local and tribal governments. To the
	4298	+	maximum extent possible, committee membership shall evenly balance the
	4299	+	interests of all potentially affected groups and institutions.
2233	4300		(c) The advisory committee shall:
2234		-	(1) Work with the secretary to adapt the listing of the species and
2235		-	~~the~~ recovery plan for the species to the social and economic conditions
2236		-	~~of the~~ affected area; and
2237		-	(2) disseminate information to the public about the scientific basis
2238		-	of the decision to list the species, the regulatory process and incentives
	4301	+	(1) Work with the secretary to adapt the listing of the species and the
	4302	+	recovery plan for the species to the social and economic conditions of the
	4303	+	affected area; and
	4304	+	(2) disseminate information to the public about the scientific basis of
	4305	+	the decision to list the species, the regulatory process and incentives
2239	4306		available to landowners pursuant to this act.
2240		-	(d) If a species in need of conservation receives a priority ranking
2241		-	to develop and begin implementation of a recovery plan, the secretary
2242		-	~~shall~~ establish a volunteer local advisory committee in the same manner
2243		-	as provided by subsection (b) to work with the secretary to adapt the
2244		-	~~recovery~~ plan and disseminate information to the public.
2245		-	(e) In implementing a recovery plan for a species, the secretary
2246		-	~~shall~~ consider any data, recommendations and information provided by
2247		-	~~the~~ advisory committee. ~~HOUSE BILL No. 2332—page 39~~
	4307	+	(d) If a species in need of conservation receives a priority ranking to
	4308	+	develop and begin implementation of a recovery plan, the secretary shall
	4309	+	establish a volunteer local advisory committee in the same manner as
	4310	+	provided by subsection (b) to work with the secretary to adapt the recovery
	4311	+	plan and disseminate information to the public.
	4312	+	(e) In implementing a recovery plan for a species, the secretary shall
	4313	+	consider any data, recommendations and information provided by the
	4314	+	advisory committee.
2248	4315		(f) The secretary shall cause each developed and implemented
2249		-	recovery plan to be published and maintained on the official website of
2250		-	the department of wildlife, and parks and tourism.
2251		-	Sec. 58. K.S.A. 32-966 is hereby amended to read as follows: 32-
2252		-	966. The secretary of wildlife, and parks and tourism and the secretary
2253		-	of transportation shall cooperate in developing a management plan to
2254		-	address reduction of motor vehicle accidents involving deer in those
2255		-	areas of the state experiencing high numbers of such accidents. The
2256		-	management plan shall include methods to identify those areas and
2257		-	methods to inform and communicate with landowners and tenants in
2258		-	those areas regarding measures to reduce local deer populations.
2259		-	Sec. 59. K.S.A. 32-976 is hereby amended to read as follows: 32-
2260		-	976. Except for research, scientific or demonstration purposes, the
2261		-	secretary of wildlife, and parks and tourism shall not stock or restock
2262		-	fish in any private water impoundment constructed by man humans and
2263		-	located wholly within lands owned or leased by the individual
2264		-	maintaining such impoundment unless the fish are secured from a
2265		-	private fish grower. These private waters do not include any
2266		-	impoundment constructed, owned, leased or operated by a federal, state
2267		-	or local governmental agency or by a person who has entered into an
2268		-	agreement with a federal, state or local governmental agency that such
2269		-	impoundment will be open to public access and use.
2270		-	Sec. 60. K.S.A. 32-996 is hereby amended to read as follows: 32-
2271		-	996. (a) All federal moneys received pursuant to federal assistance,
2272		-	federal-aid funds and federal-aid grant reimbursements related to the
2273		-	wildlife conservation fund under the control, authorities and duties of
2274		-	the Kansas department of wildlife, and parks and tourism, shall be
2275		-	remitted to the state treasurer in accordance with the provisions of
2276		-	K.S.A. 75-4215, and amendments thereto. Upon receipt of the
2277		-	remittance, the state treasurer shall deposit the entire amount in the
2278		-	state treasury and credit it to the wildlife conservation restoration fund
2279		-	– federal, which is hereby created. The wildlife conservation fund –
2280		-	federal is hereby redesignated as the wildlife restoration fund.
	4316	+	recovery plan to be published and maintained on the official website of the
	4317	+	department of wildlife, and parks and tourism.
	4318	+	Sec. 58. K.S.A. 32-966 is hereby amended to read as follows: 32-966.
	4319	+	The secretary of wildlife, and parks and tourism and the secretary of
	4320	+	transportation shall cooperate in developing a management plan to address
	4321	+	reduction of motor vehicle accidents involving deer in those areas of the
	4322	+	state experiencing high numbers of such accidents. The management plan
	4323	+	shall include methods to identify those areas and methods to inform and
	4324	+	communicate with landowners and tenants in those areas regarding
	4325	+	measures to reduce local deer populations.
	4326	+	Sec. 59. K.S.A. 32-976 is hereby amended to read as follows: 32-976.
	4327	+	Except for research, scientific or demonstration purposes, the secretary of
	4328	+	wildlife, and parks and tourism shall not stock or restock fish in any
	4329	+	private water impoundment constructed by man humans and located
	4330	+	wholly within lands owned or leased by the individual maintaining such
	4331	+	impoundment unless the fish are secured from a private fish grower. These
	4332	+	private waters do not include any impoundment constructed, owned,
	4333	+	1
	4334	+	2
	4335	+	3
	4336	+	4
	4337	+	5
	4338	+	6
	4339	+	7
	4340	+	8
	4341	+	9
	4342	+	10
	4343	+	11
	4344	+	12
	4345	+	13
	4346	+	14
	4347	+	15
	4348	+	16
	4349	+	17
	4350	+	18
	4351	+	19
	4352	+	20
	4353	+	21
	4354	+	22
	4355	+	23
	4356	+	24
	4357	+	25
	4358	+	26
	4359	+	27
	4360	+	28
	4361	+	29
	4362	+	30
	4363	+	31
	4364	+	32
	4365	+	33
	4366	+	34
	4367	+	35
	4368	+	36
	4369	+	37
	4370	+	38
	4371	+	39
	4372	+	40
	4373	+	41
	4374	+	42
	4375	+	43 HB 2332 52
	4376	+	leased or operated by a federal, state or local governmental agency or by a
	4377	+	person who has entered into an agreement with a federal, state or local
	4378	+	governmental agency that such impoundment will be open to public access
	4379	+	and use.
	4380	+	Sec. 60. K.S.A. 32-996 is hereby amended to read as follows: 32-996.
	4381	+	(a) All federal moneys received pursuant to federal assistance, federal-aid
	4382	+	funds and federal-aid grant reimbursements related to the wildlife
	4383	+	conservation fund under the control, authorities and duties of the Kansas
	4384	+	department of wildlife, and parks and tourism, shall be remitted to the
	4385	+	state treasurer in accordance with the provisions of K.S.A. 75-4215, and
	4386	+	amendments thereto. Upon receipt of the remittance, the state treasurer
	4387	+	shall deposit the entire amount in the state treasury and credit it to the
	4388	+	wildlife conservation restoration fund – federal, which is hereby created.
	4389	+	The wildlife conservation fund – federal is hereby redesignated as the
	4390	+	wildlife restoration fund.
2281	4391		(b) No moneys derived from sources described in subsection (a) or
2282		-	(c) shall be used for any purpose other than the administration of
2283		-	~~matters~~ which that relate to purposes authorized in K.S.A. 32-992, and
	4392	+	(c) shall be used for any purpose other than the administration of matters
	4393	+	which that relate to purposes authorized in K.S.A. 32-992, and
2284	4394		amendments thereto, and which are under the control, authorities and
2285		-	duties of the secretary of wildlife, and parks and tourism and the
2286		-	Kansas department of wildlife, and parks and tourism as provided by
2287		-	law.
	4395	+	duties of the secretary of wildlife, and parks and tourism and the Kansas
	4396	+	department of wildlife, and parks and tourism as provided by law.
2288	4397		(c) On or before the 10
2289	4398		th
2290		-	of each month, the director of accounts
2291		-	~~and~~ reports shall transfer from the state general fund to the wildlife
2292		-	~~restoration~~ fund interest earnings based on:
	4399	+	of each month, the director of accounts and
	4400	+	reports shall transfer from the state general fund to the wildlife restoration
	4401	+	fund interest earnings based on:
2293	4402		(1) The average daily balance of moneys in the wildlife restoration
2294	4403		fund, for the preceding month; and
2295		-	(2) the net earnings rate of the pooled money investment portfolio
2296		-	~~for~~ the preceding month.
2297		-	(d) All expenditures from the wildlife restoration fund, shall be
2298		-	~~made~~ in accordance with the appropriation acts upon warrants of the
2299		-	~~director of~~ accounts and reports issued pursuant to vouchers approved
2300		-	~~by the~~ secretary of wildlife, and parks and tourism.
2301		-	Sec. 61. K.S.A. 32-997 is hereby amended to read as follows: 32-
2302		-	~~997.~~ (a) All federal moneys received pursuant to federal assistance,
2303		-	~~federal-aid~~ funds and federal-aid grant reimbursements related to the
2304		-	~~wildlife fee fund,~~ under the control, authorities and duties of the Kansas
2305		-	~~department of~~ wildlife, and parks and tourism shall be remitted to the
2306		-	~~state treasurer in~~ accordance with the provisions of K.S.A. 75-4215,
2307		-	~~and amendments~~ thereto. Upon receipt of the remittance, the state
2308		-	~~treasurer shall deposit the~~ entire amount in the state treasury and credit ~~HOUSE BILL No.~~ ~~2332—page 40~~
2309		-	~~it to the wildlife fund –~~ federal, which is hereby created. The wildlife
2310		-	~~fund – federal is hereby~~ redesignated as the sport fish restoration fund.
	4404	+	(2) the net earnings rate of the pooled money investment portfolio for
	4405	+	the preceding month.
	4406	+	(d) All expenditures from the wildlife restoration fund, shall be made
	4407	+	in accordance with the appropriation acts upon warrants of the director of
	4408	+	accounts and reports issued pursuant to vouchers approved by the
	4409	+	secretary of wildlife, and parks and tourism.
	4410	+	Sec. 61. K.S.A. 32-997 is hereby amended to read as follows: 32-997.
	4411	+	(a) All federal moneys received pursuant to federal assistance, federal-aid
	4412	+	funds and federal-aid grant reimbursements related to the wildlife fee fund,
	4413	+	under the control, authorities and duties of the Kansas department of
	4414	+	wildlife, and parks and tourism shall be remitted to the state treasurer in
	4415	+	accordance with the provisions of K.S.A. 75-4215, and amendments
	4416	+	thereto. Upon receipt of the remittance, the state treasurer shall deposit the
	4417	+	entire amount in the state treasury and credit it to the wildlife fund –
	4418	+	federal, which is hereby created. The wildlife fund – federal is hereby
	4419	+	redesignated as the sport fish restoration fund.
2311	4420		(b) No moneys derived from sources described in subsection (a) or
2312		-	(c) shall be used for any purpose other than the administration of
2313		-	matters which that relate to purposes authorized under K.S.A. 32-990,
2314		-	and amendments thereto, and which are under the control, authorities
2315		-	and duties of the secretary of wildlife, and parks and tourism and the
2316		-	Kansas department of wildlife, and parks and tourism as provided by
2317		-	law.
	4421	+	1
	4422	+	2
	4423	+	3
	4424	+	4
	4425	+	5
	4426	+	6
	4427	+	7
	4428	+	8
	4429	+	9
	4430	+	10
	4431	+	11
	4432	+	12
	4433	+	13
	4434	+	14
	4435	+	15
	4436	+	16
	4437	+	17
	4438	+	18
	4439	+	19
	4440	+	20
	4441	+	21
	4442	+	22
	4443	+	23
	4444	+	24
	4445	+	25
	4446	+	26
	4447	+	27
	4448	+	28
	4449	+	29
	4450	+	30
	4451	+	31
	4452	+	32
	4453	+	33
	4454	+	34
	4455	+	35
	4456	+	36
	4457	+	37
	4458	+	38
	4459	+	39
	4460	+	40
	4461	+	41
	4462	+	42
	4463	+	43 HB 2332 53
	4464	+	(c) shall be used for any purpose other than the administration of matters
	4465	+	which that relate to purposes authorized under K.S.A. 32-990, and
	4466	+	amendments thereto, and which are under the control, authorities and
	4467	+	duties of the secretary of wildlife, and parks and tourism and the Kansas
	4468	+	department of wildlife, and parks and tourism as provided by law.
2318	4469		(c) On or before the 10
2319	4470		th
2320		-	of each month, the director of accounts
2321		-	~~and~~ reports shall transfer from the state general fund to the sport fish
	4471	+	of each month, the director of accounts and
	4472	+	reports shall transfer from the state general fund to the sport fish
2322	4473		restoration fund interest earnings based on:
2323		-	(1) The average daily balance of moneys in the sport fish
2324		-	~~restoration~~ fund, for the preceding month; and
2325		-	(2) the net earnings rate of the pooled money investment portfolio
2326		-	~~for~~ the preceding month.
	4474	+	(1) The average daily balance of moneys in the sport fish restoration
	4475	+	fund, for the preceding month; and
	4476	+	(2) the net earnings rate of the pooled money investment portfolio for
	4477	+	the preceding month.
2327	4478		(d) All expenditures from the sport fish restoration fund shall be
2328		-	made in accordance with appropriation acts upon warrants of the
2329		-	director of accounts and reports issued pursuant to vouchers approved
2330		-	by the secretary of wildlife, and parks and tourism.
2331		-	Sec. 62. K.S.A. 32-998 is hereby amended to read as follows: 32-
2332		-	998. (a) All moneys received by the Kansas department of wildlife, and
2333		-	parks and tourism from sources other than those identified and
2334		-	restricted in K.S.A. 32-990, 32-991, 32-992, 32-993, 32-994 and 32-
2335		-	1173, and amendments thereto, or identified and allocated to a
2336		-	restricted fund by any appropriation act, shall be remitted to the state
2337		-	treasurer in accordance with the provisions of K.S.A. 75-4215, and
2338		-	amendments thereto. The state treasurer shall deposit the entire amount
2339		-	of the remittance in the state treasury and credit it to the wildlife and
2340		-	parks nonrestricted fund, which is hereby created. The wildlife and
2341		-	parks nonrestricted fund is hereby redesignated as the wildlife, parks
2342		-	and tourism nonrestricted fund.
	4479	+	made in accordance with appropriation acts upon warrants of the director
	4480	+	of accounts and reports issued pursuant to vouchers approved by the
	4481	+	secretary of wildlife, and parks and tourism.
	4482	+	Sec. 62. K.S.A. 32-998 is hereby amended to read as follows: 32-998.
	4483	+	(a) All moneys received by the Kansas department of wildlife, and parks
	4484	+	and tourism from sources other than those identified and restricted in
	4485	+	K.S.A. 32-990, 32-991, 32-992, 32-993, 32-994 and 32-1173, and
	4486	+	amendments thereto, or identified and allocated to a restricted fund by any
	4487	+	appropriation act, shall be remitted to the state treasurer in accordance
	4488	+	with the provisions of K.S.A. 75-4215, and amendments thereto. The state
	4489	+	treasurer shall deposit the entire amount of the remittance in the state
	4490	+	treasury and credit it to the wildlife and parks nonrestricted fund, which is
	4491	+	hereby created. The wildlife and parks nonrestricted fund is hereby
	4492	+	redesignated as the wildlife, parks and tourism nonrestricted fund.
2343	4493		(b) All expenditures from the wildlife, and parks and tourism
2344	4494		nonrestricted fund may be for federal aid eligible expenditures at the
2345	4495		discretion of the secretary.
2346	4496		(c) On or before the 10
2347	4497		th
2348		-	day of each month, the director of
2349		-	accounts and reports shall transfer from the state general fund to the
2350		-	wildlife, and parks and tourism nonrestricted fund interest earnings
2351		-	based on:
	4498	+	day of each month, the director of accounts
	4499	+	and reports shall transfer from the state general fund to the wildlife, and
	4500	+	parks and tourism nonrestricted fund interest earnings based on:
2352	4501		(1) The average daily balance of moneys in the wildlife, and parks
2353	4502		and tourism nonrestricted fund for the preceding month; and
2354		-	(2) the net earnings rate of the pooled money investment portfolio
2355		-	~~for~~ the preceding month.
	4503	+	(2) the net earnings rate of the pooled money investment portfolio for
	4504	+	the preceding month.
2356	4505		(d) All expenditures from the wildlife, and parks and tourism
2357	4506		nonrestricted fund shall be made in accordance with appropriation acts
2358	4507		upon warrants of the director of accounts and reports issued pursuant to
2359	4508		vouchers approved by the secretary.
2360		-	Sec. 63. K.S.A. 32-999 is hereby amended to read as follows: 32-
2361		-	999. (a) The secretary of wildlife, and parks and tourism is authorized,
2362		-	with the approval of the Kansas wildlife, and parks and tourism
2363		-	commission, to establish fees for the public use of cabins owned or
2364		-	operated by the department. At a public meeting, the secretary, with
2365		-	consideration by the commission, shall set an amount for each fee that
2366		-	encourages use of such cabins and that enables the department to
2367		-	maintain and operate such cabins.
	4509	+	Sec. 63. K.S.A. 32-999 is hereby amended to read as follows: 32-999.
	4510	+	(a) The secretary of wildlife, and parks and tourism is authorized, with the
	4511	+	1
	4512	+	2
	4513	+	3
	4514	+	4
	4515	+	5
	4516	+	6
	4517	+	7
	4518	+	8
	4519	+	9
	4520	+	10
	4521	+	11
	4522	+	12
	4523	+	13
	4524	+	14
	4525	+	15
	4526	+	16
	4527	+	17
	4528	+	18
	4529	+	19
	4530	+	20
	4531	+	21
	4532	+	22
	4533	+	23
	4534	+	24
	4535	+	25
	4536	+	26
	4537	+	27
	4538	+	28
	4539	+	29
	4540	+	30
	4541	+	31
	4542	+	32
	4543	+	33
	4544	+	34
	4545	+	35
	4546	+	36
	4547	+	37
	4548	+	38
	4549	+	39
	4550	+	40
	4551	+	41
	4552	+	42
	4553	+	43 HB 2332 54
	4554	+	approval of the Kansas wildlife, and parks and tourism commission, to
	4555	+	establish fees for the public use of cabins owned or operated by the
	4556	+	department. At a public meeting, the secretary, with consideration by the
	4557	+	commission, shall set an amount for each fee that encourages use of such
	4558	+	cabins and that enables the department to maintain and operate such
	4559	+	cabins.
2368	4560		(b) Such fees as described in subsection (a) shall not exceed:
2369	4561		(1) A maximum of $250 per night;
2370	4562		(2) a maximum of $1,500 per week; and
2371		-	(3) a maximum of $5,000 per month. ~~HOUSE BILL No. 2332—page 41~~
	4563	+	(3) a maximum of $5,000 per month.
2372	4564		(c) Fees for the use of cabins owned and operated by the Kansas
2373	4565		department of wildlife, and parks and tourism shall be exempt from the
2374	4566		provisions of K.S.A. 77-415 through 77-437, and amendments thereto.
2375		-	Sec. 64. K.S.A. 32-9,100 is hereby amended to read as follows:
2376		-	~~32-~~9,100. On and after January 1, 2013, the Kansas department of
2377		-	~~wildlife,~~ and parks and tourism shall offer a resident senior
2378		-	~~combination hunting~~ and fishing pass to residents of this state who are
2379		-	~~65 years of age or more.~~ The fee for such pass shall be an amount not to
2380		-	~~exceed~~
2381		-	1
2382		-	~~/8 the fee for a~~ general combination lifetime hunting and fishing
2383		-	~~license. The provisions~~ of this section shall expire on June 30, 2020.
	4567	+	Sec. 64. K.S.A. 32-9,100 is hereby amended to read as follows: 32-
	4568	+	9,100. On and after January 1, 2013, the Kansas department of wildlife,
	4569	+	and parks and tourism shall offer a resident senior combination hunting
	4570	+	and fishing pass to residents of this state who are 65 years of age or more.
	4571	+	The fee for such pass shall be an amount not to exceed
	4572	+	1
	4573	+	/8 the fee for a
	4574	+	general combination lifetime hunting and fishing license. The provisions
	4575	+	of this section shall expire on June 30, 2020.
2384	4576		Sec. 65. K.S.A. 32-1001 is hereby amended to read as follows: 32-
2385	4577		1001. (a) It is unlawful for any person to:
2386	4578		(1) Participate or engage in any activity for which such person is
2387	4579		required to have obtained a license, permit, stamp or other issue of the
2388		-	department under the wildlife, and parks and tourism laws of this state
2389		-	or under rules and regulations of the secretary unless such person has
2390		-	obtained a currently valid such license, permit, stamp or other issue
2391		-	issued to such person;
2392		-	(2) fail to carry in such person's possession a currently valid
2393		-	license, permit, stamp or other issue of the department, issued to such
2394		-	person, while participating or engaging in any activity for which such
2395		-	person is required to have obtained such license, permit, stamp or other
2396		-	issue under the wildlife, and parks and tourism laws of this state or
2397		-	under rules and regulations of the secretary;
2398		-	(3) refuse to allow examination of any license, permit, stamp or
2399		-	other issue of the department while participating or engaging in any
2400		-	activity for which such person is required to have obtained such
2401		-	license, permit, stamp or other issue under the wildlife, and parks and
2402		-	tourism laws of this state or under rules and regulations of the secretary,
2403		-	upon demand by any officer or employee of the department or any
2404		-	officer authorized to enforce the laws of this state or rules and
	4580	+	department under the wildlife, and parks and tourism laws of this state or
	4581	+	under rules and regulations of the secretary unless such person has
	4582	+	obtained a currently valid such license, permit, stamp or other issue issued
	4583	+	to such person;
	4584	+	(2) fail to carry in such person's possession a currently valid license,
	4585	+	permit, stamp or other issue of the department, issued to such person,
	4586	+	while participating or engaging in any activity for which such person is
	4587	+	required to have obtained such license, permit, stamp or other issue under
	4588	+	the wildlife, and parks and tourism laws of this state or under rules and
2405	4589		regulations of the secretary;
	4590	+	(3) refuse to allow examination of any license, permit, stamp or other
	4591	+	issue of the department while participating or engaging in any activity for
	4592	+	which such person is required to have obtained such license, permit, stamp
	4593	+	or other issue under the wildlife, and parks and tourism laws of this state
	4594	+	or under rules and regulations of the secretary, upon demand by any officer
	4595	+	or employee of the department or any officer authorized to enforce the
	4596	+	laws of this state or rules and regulations of the secretary;
2406	4597		(4) while participating or engaging in fishing or hunting:
2407		-	(A) Fail to carry in such person's possession a card or other
2408		-	evidence that such person is required to carry pursuant to K.S.A. 32-
2409		-	980, and amendments thereto; or
	4598	+	(A) Fail to carry in such person's possession a card or other evidence
	4599	+	1
	4600	+	2
	4601	+	3
	4602	+	4
	4603	+	5
	4604	+	6
	4605	+	7
	4606	+	8
	4607	+	9
	4608	+	10
	4609	+	11
	4610	+	12
	4611	+	13
	4612	+	14
	4613	+	15
	4614	+	16
	4615	+	17
	4616	+	18
	4617	+	19
	4618	+	20
	4619	+	21
	4620	+	22
	4621	+	23
	4622	+	24
	4623	+	25
	4624	+	26
	4625	+	27
	4626	+	28
	4627	+	29
	4628	+	30
	4629	+	31
	4630	+	32
	4631	+	33
	4632	+	34
	4633	+	35
	4634	+	36
	4635	+	37
	4636	+	38
	4637	+	39
	4638	+	40
	4639	+	41
	4640	+	42
	4641	+	43 HB 2332 55
	4642	+	that such person is required to carry pursuant to K.S.A. 32-980, and
	4643	+	amendments thereto; or
2410	4644		(B) refuse to allow inspection of such card or other evidence upon
2411	4645		demand of any officer or employee of the department or any officer
2412		-	authorized to enforce the laws of this state or rules and regulations of
2413		-	the secretary; or
2414		-	(5) make any false representation to secure any license, permit,
2415		-	stamp or other issue of the department, or duplicate thereof, or to make
2416		-	any alteration in any such license, permit, stamp or other issue.
2417		-	(b) No person charged with violating subsection (a)(1) for failure
2418		-	to obtain a vehicle or camping permit for use of any state park, or any
2419		-	portion thereof or facility therein, or any other area or facility for which
2420		-	a vehicle or camping permit is required pursuant to rules and
2421		-	regulations of the secretary shall be convicted thereof unless such
2422		-	person refuses to purchase such permit after receiving a permit
2423		-	violation notice, which. Such notice shall require the procurement of:
2424		-	(1) The proper daily permit or permits and payment within 24
2425		-	hours of a late payment fee of $15; or
2426		-	(2) an annual vehicle or camping permit, as the case may be, if
2427		-	such permit has been established by rule and regulation and adopted by
2428		-	the secretary.
2429		-	(c) (1) In any prosecution charging a violation of subsection (a)(1)
2430		-	for failure to obtain a permit required by K.S.A. 32-901, and
2431		-	amendments thereto, proof that the particular vehicle described in the
2432		-	complaint was in violation, together with proof that the defendant HOUSE BILL No. 2332—page 42
2433		-	named in the complaint was at the time of the violation the registered
2434		-	owner of such vehicle, shall constitute in evidence a prima facie
2435		-	presumption that the registered owner of such vehicle was the person
2436		-	who parked or placed such vehicle at the time when and place where
2437		-	the violation occurred.
	4646	+	authorized to enforce the laws of this state or rules and regulations of the
	4647	+	secretary; or
	4648	+	(5) make any false representation to secure any license, permit, stamp
	4649	+	or other issue of the department, or duplicate thereof, or to make any
	4650	+	alteration in any such license, permit, stamp or other issue.
	4651	+	(b) No person charged with violating subsection (a)(1) for failure to
	4652	+	obtain a vehicle or camping permit for use of any state park, or any portion
	4653	+	thereof or facility therein, or any other area or facility for which a vehicle
	4654	+	or camping permit is required pursuant to rules and regulations of the
	4655	+	secretary shall be convicted thereof unless such person refuses to purchase
	4656	+	such permit after receiving a permit violation notice, which. Such notice
	4657	+	shall require the procurement of:
	4658	+	(1) The proper daily permit or permits and payment within 24 hours
	4659	+	of a late payment fee of $15; or
	4660	+	(2) an annual vehicle or camping permit, as the case may be, if such
	4661	+	permit has been established by rule and regulation and adopted by the
	4662	+	secretary.
	4663	+	(c) (1) In any prosecution charging a violation of subsection (a)(1) for
	4664	+	failure to obtain a permit required by K.S.A. 32-901, and amendments
	4665	+	thereto, proof that the particular vehicle described in the complaint was in
	4666	+	violation, together with proof that the defendant named in the complaint
	4667	+	was at the time of the violation the registered owner of such vehicle, shall
	4668	+	constitute in evidence a prima facie presumption that the registered owner
	4669	+	of such vehicle was the person who parked or placed such vehicle at the
	4670	+	time when and place where the violation occurred.
2438	4671		(2) Proof of a written lease of, or rental agreement for, a particular
2439	4672		vehicle described in the complaint, on the date and at the time of the
2440		-	violation, which lease or rental agreement includes the name and
2441		-	~~address~~ of the person to whom the vehicle was leased or rented at the
2442		-	~~time of the~~ violation, shall rebut the prima facie evidence that the
2443		-	~~registered owner~~ was the person who parked or placed the vehicle at
2444		-	~~the time when and~~ place where the violation occurred.
	4673	+	violation, which lease or rental agreement includes the name and address
	4674	+	of the person to whom the vehicle was leased or rented at the time of the
	4675	+	violation, shall rebut the prima facie evidence that the registered owner
	4676	+	was the person who parked or placed the vehicle at the time when and
	4677	+	place where the violation occurred.
2445	4678		(d) No person who is a resident of this state and charged with
2446	4679		violating subsection (a)(1) or (a)(2) shall be convicted thereof if such
2447	4680		person produces in court or the office of the arresting officer the
2448	4681		appropriate license, permit, stamp or other issue of the department,
2449	4682		lawfully issued to such person and valid at the time of such person's
2450	4683		alleged violation.
2451		-	(e) Any person convicted of violating provisions of this section
2452		-	shall be subject to the penalties prescribed in K.S.A. 32-1031, and
2453		-	amendments thereto, except as provided in K.S.A. 32-1032, and
2454		-	amendments thereto, relating to big game and wild turkey.
	4684	+	(e) Any person convicted of violating provisions of this section shall
	4685	+	1
	4686	+	2
	4687	+	3
	4688	+	4
	4689	+	5
	4690	+	6
	4691	+	7
	4692	+	8
	4693	+	9
	4694	+	10
	4695	+	11
	4696	+	12
	4697	+	13
	4698	+	14
	4699	+	15
	4700	+	16
	4701	+	17
	4702	+	18
	4703	+	19
	4704	+	20
	4705	+	21
	4706	+	22
	4707	+	23
	4708	+	24
	4709	+	25
	4710	+	26
	4711	+	27
	4712	+	28
	4713	+	29
	4714	+	30
	4715	+	31
	4716	+	32
	4717	+	33
	4718	+	34
	4719	+	35
	4720	+	36
	4721	+	37
	4722	+	38
	4723	+	39
	4724	+	40
	4725	+	41
	4726	+	42
	4727	+	43 HB 2332 56
	4728	+	be subject to the penalties prescribed in K.S.A. 32-1031, and amendments
	4729	+	thereto, except as provided in K.S.A. 32-1032, and amendments thereto,
	4730	+	relating to big game and wild turkey.
2455	4731		Sec. 66. K.S.A. 32-1004 is hereby amended to read as follows: 32-
2456	4732		1004. (a) It is unlawful for any person to:
2457	4733		(1) Possess a carcass of a big game animal, taken within this state,
2458		-	unless a carcass tag, issued by the secretary, is attached to it in
2459		-	~~accordance~~ with rules and regulations adopted by the secretary;
	4734	+	unless a carcass tag, issued by the secretary, is attached to it in accordance
	4735	+	with rules and regulations adopted by the secretary;
2460	4736		(2) possess a carcass of a wild turkey, taken in this state, unless a
2461	4737		carcass tag, if required and issued by the secretary, is attached to it, in
2462	4738		accordance with rules and regulations adopted by the secretary;
2463	4739		(3) possess a carcass of a big game animal or wild turkey, taken
2464	4740		within the state, unless a check station tag, if required and issued by the
2465	4741		secretary, is attached to it, in accordance with rules and regulations
2466	4742		adopted by the secretary;
2467	4743		(4) possess any wildlife unlawfully killed or otherwise unlawfully
2468	4744		taken outside this state;
2469	4745		(5) cause to be shipped within, from or into this state any illegally
2470	4746		taken or possessed wildlife;
2471	4747		(6) intentionally import into this state, or possess or release in this
2472	4748		state, any species of wildlife prohibited pursuant to K.S.A. 32-956, and
2473	4749		amendments thereto;
2474	4750		(7) refuse to allow any conservation officer or deputy conservation
2475		-	officer or any law enforcement officer to inspect and count any wildlife
2476		-	in such person's possession; or
	4751	+	officer or any law enforcement officer to inspect and count any wildlife in
	4752	+	such person's possession; or
2477	4753		(8) refuse to allow any conservation officer or deputy conservation
2478		-	officer or any law enforcement officer to inspect any devices or
2479		-	facilities of such person which are used in taking, possessing,
2480		-	transporting, storing or processing any wildlife subject to the wildlife,
2481		-	and parks and tourism laws of this state or rules and regulations of the
2482		-	secretary.
2483		-	(b) The provisions of subsection (a)(1), (a)(2) and (a)(3) do not
2484		-	apply to animals sold in surplus property disposal sales of department
2485		-	exhibit herds or animals legally taken outside this state.
2486		-	(c) Any person convicted of violating provisions of this section
2487		-	shall be subject to the penalties prescribed in K.S.A. 32-1031, and
2488		-	amendments thereto, except as provided in K.S.A. 32-1032, and
2489		-	amendments thereto, relating to big game and wild turkey.
	4754	+	officer or any law enforcement officer to inspect any devices or facilities
	4755	+	of such person which are used in taking, possessing, transporting, storing
	4756	+	or processing any wildlife subject to the wildlife, and parks and tourism
	4757	+	laws of this state or rules and regulations of the secretary.
	4758	+	(b) The provisions of subsection (a)(1), (a)(2) and (a)(3) do not apply
	4759	+	to animals sold in surplus property disposal sales of department exhibit
	4760	+	herds or animals legally taken outside this state.
	4761	+	(c) Any person convicted of violating provisions of this section shall
	4762	+	be subject to the penalties prescribed in K.S.A. 32-1031, and amendments
	4763	+	thereto, except as provided in K.S.A. 32-1032, and amendments thereto,
	4764	+	relating to big game and wild turkey.
2490	4765		Sec. 67. K.S.A. 32-1005 is hereby amended to read as follows: 32-
2491		-	1005. (a) Commercialization of wildlife is knowingly committing any ~~HOUSE BILL No. 2332—page 43~~
2492		-	of the following, except as permitted by statute or rules and regulations:
	4766	+	1005. (a) Commercialization of wildlife is knowingly committing any of
	4767	+	the following, except as permitted by statute or rules and regulations:
2493	4768		(1) Capturing, killing or possessing, for profit or commercial
2494	4769		purposes, all or any part of any wildlife protected by this section;
2495	4770		(2) selling, bartering, purchasing or offering to sell, barter or
2496		-	purchase, for profit or commercial purposes, all or any part of any
2497		-	wildlife protected by this section;
2498		-	(3) shipping, exporting, importing, transporting or carrying;
2499		-	causing to be shipped, exported, imported, transported or carried; or
2500		-	delivering or receiving for shipping, exporting, importing, transporting
2501		-	or carrying all or any part of any wildlife protected by this section, for
2502		-	profit or commercial purposes; or
	4771	+	1
	4772	+	2
	4773	+	3
	4774	+	4
	4775	+	5
	4776	+	6
	4777	+	7
	4778	+	8
	4779	+	9
	4780	+	10
	4781	+	11
	4782	+	12
	4783	+	13
	4784	+	14
	4785	+	15
	4786	+	16
	4787	+	17
	4788	+	18
	4789	+	19
	4790	+	20
	4791	+	21
	4792	+	22
	4793	+	23
	4794	+	24
	4795	+	25
	4796	+	26
	4797	+	27
	4798	+	28
	4799	+	29
	4800	+	30
	4801	+	31
	4802	+	32
	4803	+	33
	4804	+	34
	4805	+	35
	4806	+	36
	4807	+	37
	4808	+	38
	4809	+	39
	4810	+	40
	4811	+	41
	4812	+	42
	4813	+	43 HB 2332 57
	4814	+	purchase, for profit or commercial purposes, all or any part of any wildlife
	4815	+	protected by this section;
	4816	+	(3) shipping, exporting, importing, transporting or carrying; causing
	4817	+	to be shipped, exported, imported, transported or carried; or delivering or
	4818	+	receiving for shipping, exporting, importing, transporting or carrying all or
	4819	+	any part of any wildlife protected by this section, for profit or commercial
	4820	+	purposes; or
2503	4821		(4) purchasing, for personal use or consumption, all or any part of
2504	4822		any wildlife protected by this section.
2505	4823		(b) The wildlife protected by this section and the minimum value
2506	4824		thereof are as follows:
2507	4825		(1) Eagles, $1,000;
2508	4826		(2) deer or antelope, $1,000;
2509	4827		(3) elk or buffalo, $1,500;
2510	4828		(4) furbearing animals, except bobcats, $25;
2511	4829		(5) bobcats, $200;
2512	4830		(6) wild turkey, $200;
2513	4831		(7) owls, hawks, falcons, kites, harriers or ospreys, $500;
2514	4832		(8) game birds, migratory game birds, resident and migratory
2515		-	nongame birds, game animals and nongame animals, $50 unless a
2516		-	~~higher~~ amount is specified above;
	4833	+	nongame birds, game animals and nongame animals, $50 unless a higher
	4834	+	amount is specified above;
2517	4835		(9) fish and mussels, the value for which shall be no less than the
2518	4836		value listed for the appropriate fish or mussels species in the monetary
2519		-	values of freshwater fish or mussels and fish kill counting guidelines of
2520		-	~~the~~ American fisheries society, special publication number 35;
	4837	+	values of freshwater fish or mussels and fish kill counting guidelines of the
	4838	+	American fisheries society, special publication number 35;
2521	4839		(10) turtles, $25 each for unprocessed turtles or $16 per pound or
2522	4840		fraction of a pound for processed turtle parts;
2523	4841		(11) bullfrogs, $4, whether dressed or not dressed;
2524		-	(12) any wildlife classified as threatened or endangered, $500
2525		-	~~unless~~ a higher amount is specified above; and
	4842	+	(12) any wildlife classified as threatened or endangered, $500 unless
	4843	+	a higher amount is specified above; and
2526	4844		(13) any other wildlife not listed above, $25.
2527	4845		(c) Possession of wildlife, in whole or in part, captured or killed in
2528	4846		violation of law and having an aggregate value of $1,000 or more, as
2529		-	specified in subsection (b), is prima facie evidence of possession for
2530		-	~~profit~~ or commercial purposes.
	4847	+	specified in subsection (b), is prima facie evidence of possession for profit
	4848	+	or commercial purposes.
2531	4849		(d) Commercialization of wildlife having an aggregate value of
2532	4850		$1,000 or more, as specified in subsection (b), is a severity level 10,
2533	4851		nonperson felony. Commercialization of wildlife having an aggregate
2534	4852		value of less than $1,000, as specified in subsection (b), is a class A
2535	4853		nonperson misdemeanor.
2536	4854		(e) In addition to any other penalty provided by law, a court
2537	4855		convicting a person of the crime of commercialization of wildlife may:
2538		-	(1) Confiscate all equipment used in the commission of the crime
2539		-	and may revoke for a period of up to 20 years all licenses and permits
2540		-	issued to the convicted person by the Kansas department of wildlife,
2541		-	and parks and tourism; and
2542		-	(2) order restitution to be paid to the Kansas department of
2543		-	wildlife, and parks and tourism for the wildlife taken. Such restitution
2544		-	shall be in an amount not less than the aggregate value of the wildlife,
2545		-	as specified in subsection (b).
2546		-	(f) The provisions of this section shall apply only to wildlife
2547		-	illegally harvested and possessed by any person having actual
2548		-	knowledge that such wildlife was illegally harvested.
	4856	+	(1) Confiscate all equipment used in the commission of the crime and
	4857	+	1
	4858	+	2
	4859	+	3
	4860	+	4
	4861	+	5
	4862	+	6
	4863	+	7
	4864	+	8
	4865	+	9
	4866	+	10
	4867	+	11
	4868	+	12
	4869	+	13
	4870	+	14
	4871	+	15
	4872	+	16
	4873	+	17
	4874	+	18
	4875	+	19
	4876	+	20
	4877	+	21
	4878	+	22
	4879	+	23
	4880	+	24
	4881	+	25
	4882	+	26
	4883	+	27
	4884	+	28
	4885	+	29
	4886	+	30
	4887	+	31
	4888	+	32
	4889	+	33
	4890	+	34
	4891	+	35
	4892	+	36
	4893	+	37
	4894	+	38
	4895	+	39
	4896	+	40
	4897	+	41
	4898	+	42
	4899	+	43 HB 2332 58
	4900	+	may revoke for a period of up to 20 years all licenses and permits issued to
	4901	+	the convicted person by the Kansas department of wildlife, and parks and
	4902	+	tourism; and
	4903	+	(2) order restitution to be paid to the Kansas department of wildlife,
	4904	+	and parks and tourism for the wildlife taken. Such restitution shall be in an
	4905	+	amount not less than the aggregate value of the wildlife, as specified in
	4906	+	subsection (b).
	4907	+	(f) The provisions of this section shall apply only to wildlife illegally
	4908	+	harvested and possessed by any person having actual knowledge that such
	4909	+	wildlife was illegally harvested.
2549	4910		Sec. 68. K.S.A. 32-1031 is hereby amended to read as follows: 32-
2550		-	1031. (a) Unless otherwise provided by law or rules and regulations of HOUSE BILL No. 2332—page 44
2551		-	the secretary, violation of any provision of the wildlife, and parks and
2552		-	tourism laws of this state or rules and regulations adopted thereunder is
2553		-	a class C nonperson misdemeanor.
2554		-	(1) Upon a second conviction of a wildlife violation that is a class
2555		-	C nonperson misdemeanor, a fine of not less than $250 shall be
2556		-	imposed.
	4911	+	1031. (a) Unless otherwise provided by law or rules and regulations of the
	4912	+	secretary, violation of any provision of the wildlife, and parks and tourism
	4913	+	laws of this state or rules and regulations adopted thereunder is a class C
	4914	+	nonperson misdemeanor.
	4915	+	(1) Upon a second conviction of a wildlife violation that is a class C
	4916	+	nonperson misdemeanor, a fine of not less than $250 shall be imposed.
2557	4917		(2) Upon a third conviction of a wildlife violation that is a class C
2558	4918		nonperson misdemeanor, a fine of not less than $300 shall be imposed.
2559	4919		(3) Upon a fourth and any subsequent convictions of a wildlife
2560		-	violation that is a class C nonperson misdemeanor, a fine of not less
2561		-	~~than~~ $400 shall be imposed and a minimum of not less than 7 days in
2562		-	~~the~~ county jail shall be served.
2563		-	(b) Any conviction for a wildlife violation that is a class C
2564		-	~~nonperson~~ misdemeanor that occurs before July 1, 2005, shall not be
2565		-	~~considered for~~ purposes of this section.
	4920	+	violation that is a class C nonperson misdemeanor, a fine of not less than
	4921	+	$400 shall be imposed and a minimum of not less than 7 days in the
	4922	+	county jail shall be served.
	4923	+	(b) Any conviction for a wildlife violation that is a class C nonperson
	4924	+	misdemeanor that occurs before July 1, 2005, shall not be considered for
	4925	+	purposes of this section.
2566	4926		Sec. 69. K.S.A. 32-1032 is hereby amended to read as follows: 32-
2567	4927		1032. (a) (1) Violation of any provision of the wildlife, and parks and
2568		-	tourism laws of this state or rules and regulations of the secretary
2569		-	relating to big game or wild turkey permits and game tags, taking big
2570		-	game or wild turkey during a closed season, taking big game or wild
2571		-	turkey in violation of subsections (a)(1), (2) or (7) of K.S.A. 32-
2572		-	1003(a)(1), (a)(2) or (a)(7), and amendments thereto, or taking big
2573		-	game or wild turkey in violation of subsection (a)(2) or (3) of K.S.A.
2574		-	32-1004(a)(2) or (a)(3), and amendments thereto, or taking big game or
2575		-	wild turkey in violation of K.S.A. 32-1013, and amendments thereto, is
2576		-	a misdemeanor, subject to the provisions of subsection (b), punishable
2577		-	by a fine or by imprisonment in the county jail, or by both.
2578		-	(1)(2) Upon a first or second conviction for a violation of the
2579		-	wildlife, and parks and tourism laws of this state or the rules and
2580		-	regulations of the secretary relating to this section, the violator shall not
2581		-	be fined less than $500 nor more than $1,000 or be imprisoned in the
2582		-	county jail for not more than six months, or both.
	4928	+	tourism laws of this state or rules and regulations of the secretary relating
	4929	+	to big game or wild turkey permits and game tags, taking big game or wild
	4930	+	turkey during a closed season, taking big game or wild turkey in violation
	4931	+	of subsections (a)(1), (2) or (7) of K.S.A. 32-1003(a)(1), (a)(2) or (a)(7),
	4932	+	and amendments thereto, or taking big game or wild turkey in violation of
	4933	+	subsection (a)(2) or (3) of K.S.A. 32-1004(a)(2) or (a)(3), and
	4934	+	amendments thereto, or taking big game or wild turkey in violation of
	4935	+	K.S.A. 32-1013, and amendments thereto, is a misdemeanor, subject to the
	4936	+	provisions of subsection (b), punishable by a fine or by imprisonment in
	4937	+	the county jail, or by both.
	4938	+	(1)(2) Upon a first or second conviction for a violation of the wildlife,
	4939	+	and parks and tourism laws of this state or the rules and regulations of the
	4940	+	secretary relating to this section, the violator shall not be fined less than
	4941	+	$500 nor more than $1,000 or be imprisoned in the county jail for not
	4942	+	more than six months, or both.
	4943	+	1
	4944	+	2
	4945	+	3
	4946	+	4
	4947	+	5
	4948	+	6
	4949	+	7
	4950	+	8
	4951	+	9
	4952	+	10
	4953	+	11
	4954	+	12
	4955	+	13
	4956	+	14
	4957	+	15
	4958	+	16
	4959	+	17
	4960	+	18
	4961	+	19
	4962	+	20
	4963	+	21
	4964	+	22
	4965	+	23
	4966	+	24
	4967	+	25
	4968	+	26
	4969	+	27
	4970	+	28
	4971	+	29
	4972	+	30
	4973	+	31
	4974	+	32
	4975	+	33
	4976	+	34
	4977	+	35
	4978	+	36
	4979	+	37
	4980	+	38
	4981	+	39
	4982	+	40
	4983	+	41
	4984	+	42
	4985	+	43 HB 2332 59
2583	4986		(2)(3) Upon a third conviction for a violation of the wildlife, and
2584	4987		parks and tourism laws of this state or the rules and regulations of the
2585	4988		secretary relating to this section, the violator shall not be fined less than
2586		-	$1,000 and shall be imprisoned in the county jail for not less than 30
2587		-	~~days.~~ A third conviction shall be a class B nonperson misdemeanor.
	4989	+	$1,000 and shall be imprisoned in the county jail for not less than 30 days.
	4990	+	A third conviction shall be a class B nonperson misdemeanor.
2588	4991		(3)(4) Upon a fourth conviction for a violation of the wildlife, and
2589	4992		parks and tourism laws of this state or the rules and regulations of the
2590	4993		secretary relating to this section, the violator shall not be fined less than
2591		-	$1,000 and shall be imprisoned in the county jail for not less than 60
2592		-	~~days.~~ A fourth conviction shall be a class A nonperson misdemeanor.
2593		-	(4)(5) Upon the fifth or subsequent convictions for a violation of
2594		-	~~the~~ wildlife, and parks and tourism laws of the state or the rules and
2595		-	regulations of the secretary relating to this section, the violator shall not
2596		-	be fined less than $1,000 and shall be imprisoned in the county jail for
2597		-	~~not~~ less than 90 days. A fifth or subsequent conviction shall be a class A
	4994	+	$1,000 and shall be imprisoned in the county jail for not less than 60 days.
	4995	+	A fourth conviction shall be a class A nonperson misdemeanor.
	4996	+	(4)(5) Upon the fifth or subsequent convictions for a violation of the
	4997	+	wildlife, and parks and tourism laws of the state or the rules and
	4998	+	regulations of the secretary relating to this section, the violator shall not be
	4999	+	fined less than $1,000 and shall be imprisoned in the county jail for not
	5000	+	less than 90 days. A fifth or subsequent conviction shall be a class A
2598	5001		nonperson misdemeanor.
2599		-	(6) Any conviction for a wildlife violation that occurs before July
2600		-	1, 2005, shall not be considered for purposes of this subsection.
	5002	+	(6) Any conviction for a wildlife violation that occurs before July 1,
	5003	+	2005, shall not be considered for purposes of this subsection.
2601	5004		(b) (1) In addition to any other penalty prescribed by law, the
2602	5005		unlawful intentional taking of a trophy big game animal shall be
2603	5006		punishable by a fine of not less than $5,000.
2604		-	(2) A trophy big game animal shall include any animal meeting
2605		-	~~the~~ following criteria:
2606		-	(A) An antlered whitetail deer having an inside spread
2607		-	~~measurement~~ of at least 16 inches;
2608		-	(B) an antlered mule deer having an inside spread measurement of
2609		-	at least 20 inches; ~~HOUSE BILL No. 2332—page 45~~
	5007	+	(2) A trophy big game animal shall include any animal meeting the
	5008	+	following criteria:
	5009	+	(A) An antlered whitetail deer having an inside spread measurement
	5010	+	of at least 16 inches;
	5011	+	(B) an antlered mule deer having an inside spread measurement of at
	5012	+	least 20 inches;
2610	5013		(C) an antlered elk having at least six points on one antler; or
2611	5014		(D) an antelope having at least one horn greater than 14 inches in
2612	5015		length.
2613		-	(3) In addition to any other penalty prescribed by law, the
2614		-	defendant shall pay the restitution value of any deer, elk or antelope
2615		-	taken in violation of K.S.A. 32-1001, 32-1002, 32-1003, 32-1004, 32-
2616		-	1005 or 32-1013, and amendments thereto, with a gross score of more
2617		-	than 125 inches for deer, 250 inches for elk and 75 inches for antelope.
2618		-	Such restitution value shall be in an amount not less than the value
2619		-	prescribed for such animal in K.S.A. 32-1005, and amendments thereto.
2620		-	The restitution value for deer shall equal: (gross score - 100)² x $2. The
2621		-	restitution value for elk shall equal: (gross score - 200)
2622		-	2
2623		-	x $2. The
2624		-	restitution value for antelope shall equal: (gross score - 40)
2625		-	2
2626		-	x $2. The
2627		-	gross score shall be determined by taking measurements as provided by
2628		-	rules and regulations of the secretary, which shall be made to the
2629		-	nearest
	5016	+	(3) In addition to any other penalty prescribed by law, the defendant
	5017	+	shall pay the restitution value of any deer, elk or antelope taken in
	5018	+	violation of K.S.A. 32-1001, 32-1002, 32-1003, 32-1004, 32-1005 or 32-
	5019	+	1013, and amendments thereto, with a gross score of more than 125 inches
	5020	+	for deer, 250 inches for elk and 75 inches for antelope. Such restitution
	5021	+	value shall be in an amount not less than the value prescribed for such
	5022	+	animal in K.S.A. 32-1005, and amendments thereto. The restitution value
	5023	+	for deer shall equal: (gross score - 100)² x $2. The restitution value for elk
	5024	+	shall equal: (gross score - 200)
	5025	+	2
	5026	+	x $2. The restitution value for antelope
	5027	+	shall equal: (gross score - 40)
	5028	+	2
	5029	+	x $2. The gross score shall be determined
	5030	+	by taking measurements as provided by rules and regulations of the
	5031	+	secretary, which shall be made to the nearest
2630	5032		1
2631	5033		/8 of an inch using a
2632	5034		1
2633		-	/4 inch wide flexible steel tape. All
2634		-	restitution collected pursuant to this subparagraph paragraph shall be
2635		-	paid into the state treasury and shall be credited to the wildlife fee fund
2636		-	created by K.S.A. 32-990, and amendments thereto.
	5035	+	/4 inch
	5036	+	wide flexible steel tape. All restitution collected pursuant to this
	5037	+	1
	5038	+	2
	5039	+	3
	5040	+	4
	5041	+	5
	5042	+	6
	5043	+	7
	5044	+	8
	5045	+	9
	5046	+	10
	5047	+	11
	5048	+	12
	5049	+	13
	5050	+	14
	5051	+	15
	5052	+	16
	5053	+	17
	5054	+	18
	5055	+	19
	5056	+	20
	5057	+	21
	5058	+	22
	5059	+	23
	5060	+	24
	5061	+	25
	5062	+	26
	5063	+	27
	5064	+	28
	5065	+	29
	5066	+	30
	5067	+	31
	5068	+	32
	5069	+	33
	5070	+	34
	5071	+	35
	5072	+	36
	5073	+	37
	5074	+	38
	5075	+	39
	5076	+	40
	5077	+	41
	5078	+	42
	5079	+	43 HB 2332 60
	5080	+	subparagraph paragraph shall be paid into the state treasury and shall be
	5081	+	credited to the wildlife fee fund created by K.S.A. 32-990, and
	5082	+	amendments thereto.
2637	5083		(4) Antlers or horns may be measured pursuant to the manner
2638	5084		described in subsection (b)(3) at any time;. No drying time is required.
2639		-	(5) The secretary may adopt, in accordance with K.S.A. 32-805,
2640		-	and amendments thereto, such rules and regulations that the secretary
2641		-	deems necessary to implement and define the terms of this section.
2642		-	(c) In addition to any other penalty imposed by the convicting
2643		-	court, if a person is convicted of a violation of K.S.A. 32-1001, 32-
2644		-	1002, 32-1003, 32-1004 or 32-1013, and amendments thereto, that
2645		-	involves taking of a big game animal or wild turkey, or if a person is
2646		-	convicted of a violation of K.S.A. 32-1005, and amendments thereto,
2647		-	that involves commercialization of a big game animal or wild turkey:
2648		-	(1) Upon the first such conviction, the court may order forfeiture
2649		-	of the person's hunting privileges for one year from the date of
	5085	+	(5) The secretary may adopt, in accordance with K.S.A. 32-805, and
	5086	+	amendments thereto, such rules and regulations that the secretary deems
	5087	+	necessary to implement and define the terms of this section.
	5088	+	(c) In addition to any other penalty imposed by the convicting court,
	5089	+	if a person is convicted of a violation of K.S.A. 32-1001, 32-1002, 32-
	5090	+	1003, 32-1004 or 32-1013, and amendments thereto, that involves taking
	5091	+	of a big game animal or wild turkey, or if a person is convicted of a
	5092	+	violation of K.S.A. 32-1005, and amendments thereto, that involves
	5093	+	commercialization of a big game animal or wild turkey:
	5094	+	(1) Upon the first such conviction, the court may order forfeiture of
	5095	+	the person's hunting privileges for one year from the date of conviction
	5096	+	and:
	5097	+	(A) Revocation of the person's hunting license, unless such license is
	5098	+	a lifetime hunting license; or
	5099	+	(B) if the person possesses a lifetime hunting license, suspension of
	5100	+	such license for one year from the date of conviction.
	5101	+	(2) Upon the second such conviction, the court shall order forfeiture
	5102	+	of the person's hunting privileges for three years from the date of
2650	5103		conviction and:
2651		-	(A) Revocation of the person's hunting license, unless such license
2652		-	is a lifetime hunting license; or
2653		-	(B) if the person possesses a lifetime hunting license, suspension
2654		-	of such license for ~~one year~~ from the date of conviction.
2655		-	(2) Upon the ~~second~~ such conviction, the court shall ~~order~~
2656		-	forfeiture of the person's hunting privileges for ~~three~~ years from the
	5104	+	(A) Revocation of the person's hunting license, unless such license is
	5105	+	a lifetime hunting license; or
	5106	+	(B) if the person possesses a lifetime hunting license, suspension of
	5107	+	such license for three years from the date of conviction.
	5108	+	(3) Upon the third or a subsequent such conviction, the court shall
	5109	+	order forfeiture of the person's hunting privileges for five years from the
2657	5110		date of conviction and:
2658		-	(A) Revocation of the person's hunting license, unless such license
2659		-	is a lifetime hunting license; or
2660		-	(B) if the person possesses a lifetime hunting license, suspension
2661		-	of such license for three years from the date of conviction.
2662		-	(3) Upon the third or a subsequent such conviction, the court shall
2663		-	order forfeiture of the person's hunting privileges for five years from
2664		-	the date of conviction and:
2665		-	(A) Revocation of the person's hunting license, unless such license
2666		-	is a lifetime hunting license; or
2667		-	(B) if the person possesses a lifetime hunting license, suspension
2668		-	of such license for five years from the date of conviction.
2669		-	(d) If a person convicted of a violation described in subsection (c)
2670		-	has been issued a combination hunting and fishing license or a
2671		-	combination lifetime license, only the hunting portion of such license
2672		-	shall be revoked or suspended pursuant to subsection (c).
2673		-	(e) Nothing in this section shall be construed to prevent a
2674		-	convicting court from suspending a person's hunting privileges or
2675		-	ordering the forfeiture or suspension of the person's license, permit,
2676		-	stamp or other issue of the department for a period longer than HOUSE BILL No. 2332—page 46
2677		-	provided in this section, if such forfeiture or suspension is otherwise
2678		-	provided for by law.
	5111	+	(A) Revocation of the person's hunting license, unless such license is
	5112	+	a lifetime hunting license; or
	5113	+	(B) if the person possesses a lifetime hunting license, suspension of
	5114	+	such license for five years from the date of conviction.
	5115	+	(d) If a person convicted of a violation described in subsection (c) has
	5116	+	been issued a combination hunting and fishing license or a combination
	5117	+	lifetime license, only the hunting portion of such license shall be revoked
	5118	+	or suspended pursuant to subsection (c).
	5119	+	(e) Nothing in this section shall be construed to prevent a convicting
	5120	+	court from suspending a person's hunting privileges or ordering the
	5121	+	forfeiture or suspension of the person's license, permit, stamp or other
	5122	+	issue of the department for a period longer than provided in this section, if
	5123	+	1
	5124	+	2
	5125	+	3
	5126	+	4
	5127	+	5
	5128	+	6
	5129	+	7
	5130	+	8
	5131	+	9
	5132	+	10
	5133	+	11
	5134	+	12
	5135	+	13
	5136	+	14
	5137	+	15
	5138	+	16
	5139	+	17
	5140	+	18
	5141	+	19
	5142	+	20
	5143	+	21
	5144	+	22
	5145	+	23
	5146	+	24
	5147	+	25
	5148	+	26
	5149	+	27
	5150	+	28
	5151	+	29
	5152	+	30
	5153	+	31
	5154	+	32
	5155	+	33
	5156	+	34
	5157	+	35
	5158	+	36
	5159	+	37
	5160	+	38
	5161	+	39
	5162	+	40
	5163	+	41
	5164	+	42
	5165	+	43 HB 2332 61
	5166	+	such forfeiture or suspension is otherwise provided for by law.
2679	5167		Sec. 70. K.S.A. 32-1040 is hereby amended to read as follows: 32-
2680		-	1040. The court hearing the prosecution of any child 16 or 17 years of
2681		-	age who is charged with a violation of any provision of the wildlife,
2682		-	and parks and tourism laws of this state or rules and regulations
2683		-	adopted thereunder may impose any fine authorized by law for the
2684		-	offense or may order that the child be placed in a juvenile detention
2685		-	facility.
	5168	+	1040. The court hearing the prosecution of any child 16 or 17 years of age
	5169	+	who is charged with a violation of any provision of the wildlife, and parks
	5170	+	and tourism laws of this state or rules and regulations adopted thereunder
	5171	+	may impose any fine authorized by law for the offense or may order that
	5172	+	the child be placed in a juvenile detention facility.
2686	5173		Sec. 71. K.S.A. 32-1041 is hereby amended to read as follows: 32-
2687	5174		1041. (a) (1) Upon the first conviction of violating any provision of the
2688		-	wildlife, and parks and tourism laws of this state or rules and
2689		-	~~regulations~~ of the secretary, and in addition to any authorized sentence
2690		-	~~imposed by the~~ convicting court, such court may order:
2691		-	(A) Order Such person to refrain from engaging in any activity,
2692		-	~~legal~~ or illegal, related to the activity for which convicted for up to one
2693		-	~~year~~ from the date of conviction; and
2694		-	(B) order the forfeiture of any license, permit, stamp or other issue
2695		-	of the department, other than a lifetime license, which that is held by
2696		-	~~the~~ convicted person and pertains to the activity for which the person
2697		-	~~was~~ convicted for up to one year from the date of conviction.
2698		-	(2) Upon any subsequent conviction of violating any provision of
2699		-	~~the~~ wildlife, and parks and tourism laws of this state, or rules and
2700		-	~~regulations~~ adopted thereunder, and in addition to any authorized
2701		-	~~sentence imposed by~~ the convicting court, such court shall order:
	5175	+	wildlife, and parks and tourism laws of this state or rules and regulations
	5176	+	of the secretary, and in addition to any authorized sentence imposed by the
	5177	+	convicting court, such court may order:
	5178	+	(A) Order Such person to refrain from engaging in any activity, legal
	5179	+	or illegal, related to the activity for which convicted for up to one year
	5180	+	from the date of conviction; and
	5181	+	(B) order the forfeiture of any license, permit, stamp or other issue of
	5182	+	the department, other than a lifetime license, which that is held by the
	5183	+	convicted person and pertains to the activity for which the person was
	5184	+	convicted for up to one year from the date of conviction.
	5185	+	(2) Upon any subsequent conviction of violating any provision of the
	5186	+	wildlife, and parks and tourism laws of this state, or rules and regulations
	5187	+	adopted thereunder, and in addition to any authorized sentence imposed by
	5188	+	the convicting court, such court shall order:
2702	5189		(A) Order Such person to refrain from any activity, legal or illegal,
2703	5190		related to the activity for which convicted for one year from the date of
2704	5191		conviction; and
2705		-	(B) order the forfeiture of any license, permit, stamp or other issue
2706		-	of the department, other than a lifetime license, which that is held by
2707		-	~~the~~ convicted person and pertains to the activity for which the person
2708		-	~~was~~ convicted for one year from the date of conviction.
	5192	+	(B) order the forfeiture of any license, permit, stamp or other issue of
	5193	+	the department, other than a lifetime license, which that is held by the
	5194	+	convicted person and pertains to the activity for which the person was
	5195	+	convicted for one year from the date of conviction.
2709	5196		(b) (1) Upon the first conviction of violating any provision of the
2710		-	wildlife, and parks and tourism laws of this state, or rules and
2711		-	regulations adopted thereunder, by a person who has been issued a
2712		-	lifetime hunting or fishing license or a combination thereof, and in
2713		-	addition to any authorized sentence imposed by the convicting court,
2714		-	such court may order the suspension of such license for up to one year
2715		-	from the date of conviction.
2716		-	(2) Upon any subsequent conviction of violating any provision of
2717		-	the wildlife, and parks and tourism laws of this state, or rules and
2718		-	regulations adopted thereunder, by a person who has been issued a
2719		-	lifetime hunting or fishing license or a combination thereof, and in
2720		-	addition to any authorized sentence imposed by the convicting court,
2721		-	such court shall order the suspension of such license for one year from
2722		-	the date of conviction.
2723		-	(c) If a convicted person has been issued a combination hunting
2724		-	and fishing license or a combination lifetime license, only that portion
2725		-	of such license which pertains to the activity for which such person is
2726		-	convicted shall be subject to forfeiture or suspension pursuant to this
2727		-	section. In such case, the order of conviction shall indicate that part of
2728		-	the license which is forfeited or suspended, and such order shall
2729		-	become a temporary license under which the offender may either hunt
2730		-	or fish as the order indicates.
	5197	+	wildlife, and parks and tourism laws of this state, or rules and regulations
	5198	+	adopted thereunder, by a person who has been issued a lifetime hunting or
	5199	+	fishing license or a combination thereof, and in addition to any authorized
	5200	+	sentence imposed by the convicting court, such court may order the
	5201	+	suspension of such license for up to one year from the date of conviction.
	5202	+	(2) Upon any subsequent conviction of violating any provision of the
	5203	+	wildlife, and parks and tourism laws of this state, or rules and regulations
	5204	+	adopted thereunder, by a person who has been issued a lifetime hunting or
	5205	+	fishing license or a combination thereof, and in addition to any authorized
	5206	+	sentence imposed by the convicting court, such court shall order the
	5207	+	suspension of such license for one year from the date of conviction.
	5208	+	(c) If a convicted person has been issued a combination hunting and
	5209	+	1
	5210	+	2
	5211	+	3
	5212	+	4
	5213	+	5
	5214	+	6
	5215	+	7
	5216	+	8
	5217	+	9
	5218	+	10
	5219	+	11
	5220	+	12
	5221	+	13
	5222	+	14
	5223	+	15
	5224	+	16
	5225	+	17
	5226	+	18
	5227	+	19
	5228	+	20
	5229	+	21
	5230	+	22
	5231	+	23
	5232	+	24
	5233	+	25
	5234	+	26
	5235	+	27
	5236	+	28
	5237	+	29
	5238	+	30
	5239	+	31
	5240	+	32
	5241	+	33
	5242	+	34
	5243	+	35
	5244	+	36
	5245	+	37
	5246	+	38
	5247	+	39
	5248	+	40
	5249	+	41
	5250	+	42
	5251	+	43 HB 2332 62
	5252	+	fishing license or a combination lifetime license, only that portion of such
	5253	+	license which pertains to the activity for which such person is convicted
	5254	+	shall be subject to forfeiture or suspension pursuant to this section. In such
	5255	+	case, the order of conviction shall indicate that part of the license which is
	5256	+	forfeited or suspended, and such order shall become a temporary license
	5257	+	under which the offender may either hunt or fish as the order indicates.
2731	5258		(d) Whenever a judge orders forfeiture or suspension of a license,
2732	5259		permit, stamp or other issue of the department of wildlife and parks
2733		-	pursuant to this section, such physical license, permit, stamp or other
2734		-	~~issue~~ shall be surrendered to the court and the judge shall forward it,
2735		-	~~along with~~ a copy of the conviction order, to the department. ~~HOUSE BILL No. 2332—page 47~~
	5260	+	pursuant to this section, such physical license, permit, stamp or other issue
	5261	+	shall be surrendered to the court and the judge shall forward it, along with
	5262	+	a copy of the conviction order, to the department.
2736	5263		(e) A person whose license, permit, stamp or other issue of the
2737		-	department has been forfeited or suspended pursuant to subsection (a)
2738		-	~~(1)~~ or (b)(1) shall not be eligible to purchase another such issue within
2739		-	~~30 days~~ of the conviction. A person whose license, permit, stamp or
2740		-	~~other issue of~~ the department has been forfeited or suspended pursuant
2741		-	~~to subsection (a)~~(2) or (b)(2) shall not be eligible to purchase another
2742		-	~~such issue within one~~ year from the date of conviction.
	5264	+	department has been forfeited or suspended pursuant to subsection (a)(1)
	5265	+	or (b)(1) shall not be eligible to purchase another such issue within 30 days
	5266	+	of the conviction. A person whose license, permit, stamp or other issue of
	5267	+	the department has been forfeited or suspended pursuant to subsection (a)
	5268	+	(2) or (b)(2) shall not be eligible to purchase another such issue within one
	5269	+	year from the date of conviction.
2743	5270		(f) A judge, upon a finding of multiple, repeated or otherwise
2744		-	aggravated violations by a defendant, may order forfeiture or
2745		-	~~suspension~~ of the defendant's license, permit, stamp or other issue of
2746		-	~~the department~~ for a period longer than otherwise provided by this
2747		-	~~section and may order~~ the defendant to refrain from any activity, legal
2748		-	~~or illegal, related to the~~ activity for which convicted for a period longer
2749		-	~~than otherwise provided~~ by this section.
	5271	+	aggravated violations by a defendant, may order forfeiture or suspension
	5272	+	of the defendant's license, permit, stamp or other issue of the department
	5273	+	for a period longer than otherwise provided by this section and may order
	5274	+	the defendant to refrain from any activity, legal or illegal, related to the
	5275	+	activity for which convicted for a period longer than otherwise provided
	5276	+	by this section.
2750	5277		Sec. 72. K.S.A. 32-1049 is hereby amended to read as follows: 32-
2751	5278		1049. (a) Whenever a person is charged for any violation of any of the
2752	5279		wildlife, and parks and tourism laws of this state or the provisions of
2753		-	article 11 of chapter 32 of the Kansas Statutes Annotated, and
2754		-	amendments thereto, or rules and regulations adopted thereunder,
2755		-	punishable as a misdemeanor and is not immediately taken before a
2756		-	judge of the district court as required or permitted pursuant to K.S.A.
2757		-	32-1048 and 32-1179, and amendments thereto, the officer may prepare
2758		-	a written citation containing a notice to appear in court, the name and
2759		-	address of the person, the offense charged, the time and place when and
2760		-	where the person shall appear in court and such other pertinent
2761		-	information as may be necessary.
2762		-	(b) The time specified in the citation must shall be at least five
2763		-	days after the alleged violation unless the person charged with the
2764		-	violation shall demand an earlier hearing.
2765		-	(c) The place specified in the citation must shall be before a judge
2766		-	of the district court within the county in which the offense is alleged to
2767		-	have been committed and who has jurisdiction of the offense and is
2768		-	nearest or most accessible with reference to the place where the alleged
2769		-	violation occurred.
2770		-	(d) The person charged with the violation may give a written
2771		-	promise to appear in court by signing at least one copy of the written
2772		-	citation prepared by the officer, in which event the officer shall deliver
2773		-	a copy of the citation to the person, and thereupon the officer shall not
2774		-	take the person into physical custody for the violation.
	5280	+	article 11 of chapter 32 of the Kansas Statutes Annotated, and amendments
	5281	+	thereto, or rules and regulations adopted thereunder, punishable as a
	5282	+	misdemeanor and is not immediately taken before a judge of the district
	5283	+	court as required or permitted pursuant to K.S.A. 32-1048 and 32-1179,
	5284	+	and amendments thereto, the officer may prepare a written citation
	5285	+	containing a notice to appear in court, the name and address of the person,
	5286	+	the offense charged, the time and place when and where the person shall
	5287	+	appear in court and such other pertinent information as may be necessary.
	5288	+	(b) The time specified in the citation must shall be at least five days
	5289	+	after the alleged violation unless the person charged with the violation
	5290	+	shall demand an earlier hearing.
	5291	+	(c) The place specified in the citation must shall be before a judge of
	5292	+	the district court within the county in which the offense is alleged to have
	5293	+	been committed and who has jurisdiction of the offense and is nearest or
	5294	+	most accessible with reference to the place where the alleged violation
	5295	+	1
	5296	+	2
	5297	+	3
	5298	+	4
	5299	+	5
	5300	+	6
	5301	+	7
	5302	+	8
	5303	+	9
	5304	+	10
	5305	+	11
	5306	+	12
	5307	+	13
	5308	+	14
	5309	+	15
	5310	+	16
	5311	+	17
	5312	+	18
	5313	+	19
	5314	+	20
	5315	+	21
	5316	+	22
	5317	+	23
	5318	+	24
	5319	+	25
	5320	+	26
	5321	+	27
	5322	+	28
	5323	+	29
	5324	+	30
	5325	+	31
	5326	+	32
	5327	+	33
	5328	+	34
	5329	+	35
	5330	+	36
	5331	+	37
	5332	+	38
	5333	+	39
	5334	+	40
	5335	+	41
	5336	+	42
	5337	+	43 HB 2332 63
	5338	+	occurred.
	5339	+	(d) The person charged with the violation may give a written promise
	5340	+	to appear in court by signing at least one copy of the written citation
	5341	+	prepared by the officer, in which event the officer shall deliver a copy of
	5342	+	the citation to the person, and thereupon the officer shall not take the
	5343	+	person into physical custody for the violation.
2775	5344		(e) In the event the form of citation provided for in this section
2776		-	includes information required by law and is signed by the officer
2777		-	preparing the same, such citation when filed with a court having
2778		-	jurisdiction shall be deemed to be a lawful complaint for the purpose of
2779		-	prosecution under law.
2780		-	Sec. 73. K.S.A. 32-1049a is hereby amended to read as follows:
2781		-	32-1049a. (a) (1) Failure to comply with a wildlife, and parks and
2782		-	tourism citation means failure to:
2783		-	(1)(A) Appear before any district court in response to a wildlife,
2784		-	and parks and tourism citation and pay in full any fine, court costs,
	5345	+	includes information required by law and is signed by the officer preparing
	5346	+	the same, such citation when filed with a court having jurisdiction shall be
	5347	+	deemed to be a lawful complaint for the purpose of prosecution under law.
	5348	+	Sec. 73. K.S.A. 32-1049a is hereby amended to read as follows: 32-
	5349	+	1049a. (a) (1) Failure to comply with a wildlife, and parks and tourism
	5350	+	citation means failure to:
	5351	+	(1)(A) Appear before any district court in response to a wildlife, and
	5352	+	parks and tourism citation and pay in full any fine, court costs,
2785	5353		assessments or fees imposed;
2786	5354		(2)(B) fully pay or satisfy all fines, court costs, assessments or fees
2787		-	imposed as a part of the sentence of any district court for violation of
2788		-	~~the~~ wildlife, and parks and tourism laws of this state; or
	5355	+	imposed as a part of the sentence of any district court for violation of the
	5356	+	wildlife, and parks and tourism laws of this state; or
2789	5357		(3)(C) otherwise comply with a wildlife, and parks and tourism
2790	5358		citation as provided in K.S.A. 32-1049, and amendments thereto.
2791		-	(2) Failure to comply with a wildlife, and parks and tourism
2792		-	citation is a class C nonperson misdemeanor, regardless of the
2793		-	disposition of the charge for which such citation, complaint or charge
2794		-	was originally issued. HOUSE BILL No. 2332—page 48
	5359	+	(2) Failure to comply with a wildlife, and parks and tourism citation
	5360	+	is a class C nonperson misdemeanor, regardless of the disposition of the
	5361	+	charge for which such citation, complaint or charge was originally issued.
2795	5362		(b) The term "citation" means any complaint, summons, notice to
2796	5363		appear, ticket, warrant, penalty assessment or other official document
2797		-	issued for the prosecution of the wildlife, and parks and tourism laws
2798		-	or rules and regulations of this state.
	5364	+	issued for the prosecution of the wildlife, and parks and tourism laws or
	5365	+	rules and regulations of this state.
2799	5366		(c) In addition to penalties of law applicable under subsection (a)
2800	5367		when a person fails to comply with a wildlife, and parks and tourism
2801		-	citation or sentence for a violation of wildlife, and parks and tourism
2802		-	laws or rules and regulations, the district court in which the person
2803		-	should have complied shall mail a notice to the person that if the person
2804		-	does not appear in the district court or pay all fines, court costs,
2805		-	assessments or fees, and any penalties imposed within 30 days from the
2806		-	date of mailing, the Kansas department of wildlife, and parks and
2807		-	tourism shall be notified to forfeit or suspend any license, permit, stamp
2808		-	or other issue of the department. Upon receipt of a report of a failure to
2809		-	comply with a wildlife, and parks and tourism citation under this
2810		-	section, and amendments thereto, the department shall notify the
2811		-	violator and suspend or forfeit the license, permit, stamp or other issue
2812		-	of the department held by the violator until satisfactory evidence of
2813		-	compliance with the wildlife, and parks and tourism citation or
2814		-	sentence of the district court for violation of the wildlife, and parks and
2815		-	tourism laws or rules and regulations of this state are furnished to the
2816		-	informing court. Upon receipt of notification of such compliance from
2817		-	the informing court, the department shall terminate the suspension
2818		-	action, unless the violator is otherwise suspended.
	5368	+	citation or sentence for a violation of wildlife, and parks and tourism laws
	5369	+	or rules and regulations, the district court in which the person should have
	5370	+	complied shall mail a notice to the person that if the person does not
	5371	+	appear in the district court or pay all fines, court costs, assessments or fees,
	5372	+	and any penalties imposed within 30 days from the date of mailing, the
	5373	+	Kansas department of wildlife, and parks and tourism shall be notified to
	5374	+	forfeit or suspend any license, permit, stamp or other issue of the
	5375	+	department. Upon receipt of a report of a failure to comply with a wildlife,
	5376	+	and parks and tourism citation under this section, and amendments thereto,
	5377	+	the department shall notify the violator and suspend or forfeit the license,
	5378	+	permit, stamp or other issue of the department held by the violator until
	5379	+	satisfactory evidence of compliance with the wildlife, and parks and
	5380	+	tourism citation or sentence of the district court for violation of the
	5381	+	1
	5382	+	2
	5383	+	3
	5384	+	4
	5385	+	5
	5386	+	6
	5387	+	7
	5388	+	8
	5389	+	9
	5390	+	10
	5391	+	11
	5392	+	12
	5393	+	13
	5394	+	14
	5395	+	15
	5396	+	16
	5397	+	17
	5398	+	18
	5399	+	19
	5400	+	20
	5401	+	21
	5402	+	22
	5403	+	23
	5404	+	24
	5405	+	25
	5406	+	26
	5407	+	27
	5408	+	28
	5409	+	29
	5410	+	30
	5411	+	31
	5412	+	32
	5413	+	33
	5414	+	34
	5415	+	35
	5416	+	36
	5417	+	37
	5418	+	38
	5419	+	39
	5420	+	40
	5421	+	41
	5422	+	42
	5423	+	43 HB 2332 64
	5424	+	wildlife, and parks and tourism laws or rules and regulations of this state
	5425	+	are furnished to the informing court. Upon receipt of notification of such
	5426	+	compliance from the informing court, the department shall terminate the
	5427	+	suspension action, unless the violator is otherwise suspended.
2819	5428		(d) Except as provided in subsection (e), when the district court
2820	5429		notifies the department of a failure to comply with a wildlife, and parks
2821	5430		and tourism citation or failure to comply with a sentence of the district
2822		-	court imposed on violation of a wildlife, and parks and tourism law or
2823		-	rule and regulation, the court shall assess a reinstatement fee of $50 for
2824		-	each charge or sentence on which the person failed to make
2825		-	satisfaction, regardless of the disposition of the charge for which such
2826		-	citation was originally issued. Such reinstatement fee shall be in
2827		-	addition to any fine, court costs and other assessments, fees or
2828		-	penalties. The court shall remit all reinstatement fees to the state
2829		-	treasurer in accordance with the provisions of K.S.A. 75-4215, and
2830		-	amendments thereto. Upon receipt of each remittance, the state
2831		-	treasurer shall deposit the entire amount in the state treasury and shall
2832		-	credit such moneys to the state general fund.
2833		-	(e) The district court shall waive the reinstatement fee provided
2834		-	for in subsection (d), if the failure to comply with a wildlife, and parks
2835		-	and tourism citation was the result of such person enlisting in or being
2836		-	drafted into the armed services of the United States of America, being
2837		-	called into service as a member of a reserve component of the military
2838		-	service of the United States of America, or volunteering for such active
2839		-	duty or being called into service as a member of the Kansas national
2840		-	guard or volunteering for such active duty and being absent from
2841		-	Kansas because of such military service. The state treasurer and the
2842		-	director of accounts and reports shall prescribe procedures for all such
2843		-	reimbursement payments and shall create appropriate accounts, make
2844		-	appropriate accounting entries and issue such appropriate vouchers and
2845		-	warrants as may be required to make such reimbursement payments.
	5431	+	court imposed on violation of a wildlife, and parks and tourism law or rule
	5432	+	and regulation, the court shall assess a reinstatement fee of $50 for each
	5433	+	charge or sentence on which the person failed to make satisfaction,
	5434	+	regardless of the disposition of the charge for which such citation was
	5435	+	originally issued. Such reinstatement fee shall be in addition to any fine,
	5436	+	court costs and other assessments, fees or penalties. The court shall remit
	5437	+	all reinstatement fees to the state treasurer in accordance with the
	5438	+	provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
	5439	+	each remittance, the state treasurer shall deposit the entire amount in the
	5440	+	state treasury and shall credit such moneys to the state general fund.
	5441	+	(e) The district court shall waive the reinstatement fee provided for in
	5442	+	subsection (d), if the failure to comply with a wildlife, and parks and
	5443	+	tourism citation was the result of such person enlisting in or being drafted
	5444	+	into the armed services of the United States of America, being called into
	5445	+	service as a member of a reserve component of the military service of the
	5446	+	United States of America, or volunteering for such active duty or being
	5447	+	called into service as a member of the Kansas national guard or
	5448	+	volunteering for such active duty and being absent from Kansas because of
	5449	+	such military service. The state treasurer and the director of accounts and
	5450	+	reports shall prescribe procedures for all such reimbursement payments
	5451	+	and shall create appropriate accounts, make appropriate accounting entries
	5452	+	and issue such appropriate vouchers and warrants as may be required to
	5453	+	make such reimbursement payments.
2846	5454		(f) Except as provided further, the reinstatement fee established in
2847		-	subsection (d) shall be the only fee collected or moneys in the nature of
2848		-	a fee collected for such reinstatement. Such fee shall only be
2849		-	established by an act of the legislature and no other authority is
2850		-	established by law or otherwise to collect a fee. On and after July 1,
2851		-	2019, through June 30, 2025, the supreme court may impose an
2852		-	additional charge, not to exceed $22 per reinstatement fee, to fund the
2853		-	costs of non-judicial personnel. HOUSE BILL No. 2332—page 49
	5455	+	subsection (d) shall be the only fee collected or moneys in the nature of a
	5456	+	fee collected for such reinstatement. Such fee shall only be established by
	5457	+	an act of the legislature and no other authority is established by law or
	5458	+	otherwise to collect a fee. On and after July 1, 2019, through June 30,
	5459	+	2025, the supreme court may impose an additional charge, not to exceed
	5460	+	$22 per reinstatement fee, to fund the costs of non-judicial personnel.
2854	5461		Sec. 74. K.S.A. 32-1050 is hereby amended to read as follows: 32-
2855	5462		1050. (a) Whenever any person is issued a citation by a conservation
2856	5463		officer or deputy conservation officer of the wildlife and parks
2857	5464		conservation service or by any law enforcement officer for any of the
2858		-	violations described in subsection (b), the officer may require such
2859		-	person to give bond in the amount specified in subsection (b) for the
2860		-	offense for which the person was charged, which. Such bond shall be
2861		-	subject to forfeiture if the person does not appear at the court at the
2862		-	time specified in the written citation. The bond shall be a cash bond and
2863		-	shall be payable using cash or legal tender identified as travelers
2864		-	checks, certified checks, cashiers checks, personal checks and postal
2865		-	money orders. The cash bond shall be taken in the following manner:
2866		-	The officer shall furnish the person charged with a stamped envelope
2867		-	addressed to the judge or clerk of the court named in the written
2868		-	citation and the person shall place in such envelope the amount of the
2869		-	bond, and in the presence of the officer shall deposit the same in the
2870		-	United States mail. After having complied with these requirements, the
2871		-	person charged need not sign the citation, but the officer shall note the
2872		-	amount of the bond mailed on the citation and shall give a copy of such
2873		-	citation to the person.
2874		-	(b) The offenses for which a cash bond may be required as
2875		-	provided in subsection (a) and the amounts thereof shall be as follows,
2876		-	subject to increase at the discretion of the court:
2877		-	Engaging in any activity without a required valid license or permit,
2878		-	other than a big game or wild turkey permit or license or permit for
2879		-	commercial activity.....................................................................$100
2880		-	Engaging in any activity without a required stamp or other issue of the
2881		-	department.......................................................................................75
2882		-	Engaging in any commercial activity without a required valid license or
2883		-	permit.............................................................................................500
2884		-	Engaging in any big game or wild turkey hunting without a required
2885		-	valid big game or wild turkey permit.............................................500
2886		-	Making misrepresentation to secure license, permit, stamp or other
2887		-	issue of the department..................................................................250
2888		-	Taking wildlife, except big game or wild turkey, unlawfully (including
2889		-	but not limited to taking wildlife before or after legal taking hours,
2890		-	during closed season, or using unlawful equipment, means or
2891		-	method)......................................................................................... 100
2892		-	Carrying unplugged shotgun................................................................75
2893		-	Exceeding bag or possession limit, except big game or wild turkey —
2894		-	$25 for each animal in excess of the bag or possession
2895		-	limit, plus.......................................................................................75
2896		-	Exceeding big game or wild turkey bag or possession limit — $100 for
2897		-	each animal in excess of the bag or possession limit, plus............250
2898		-	Unlawful transporting of wildlife.......................................................150
2899		-	Taking big game or wild turkey unlawfully (including, but not limited
2900		-	to, taking big game or wild turkey before or after legal taking hours,
2901		-	during closed season, or using unlawful equipment, means or
2902		-	method)..........................................................................................500
	5465	+	violations described in subsection (b), the officer may require such person
	5466	+	to give bond in the amount specified in subsection (b) for the offense for
	5467	+	1
	5468	+	2
	5469	+	3
	5470	+	4
	5471	+	5
	5472	+	6
	5473	+	7
	5474	+	8
	5475	+	9
	5476	+	10
	5477	+	11
	5478	+	12
	5479	+	13
	5480	+	14
	5481	+	15
	5482	+	16
	5483	+	17
	5484	+	18
	5485	+	19
	5486	+	20
	5487	+	21
	5488	+	22
	5489	+	23
	5490	+	24
	5491	+	25
	5492	+	26
	5493	+	27
	5494	+	28
	5495	+	29
	5496	+	30
	5497	+	31
	5498	+	32
	5499	+	33
	5500	+	34
	5501	+	35
	5502	+	36
	5503	+	37
	5504	+	38
	5505	+	39
	5506	+	40
	5507	+	41
	5508	+	42
	5509	+	43 HB 2332 65
	5510	+	which the person was charged, which. Such bond shall be subject to
	5511	+	forfeiture if the person does not appear at the court at the time specified in
	5512	+	the written citation. The bond shall be a cash bond and shall be payable
	5513	+	using cash or legal tender identified as travelers checks, certified checks,
	5514	+	cashiers checks, personal checks and postal money orders. The cash bond
	5515	+	shall be taken in the following manner: The officer shall furnish the person
	5516	+	charged with a stamped envelope addressed to the judge or clerk of the
	5517	+	court named in the written citation and the person shall place in such
	5518	+	envelope the amount of the bond, and in the presence of the officer shall
	5519	+	deposit the same in the United States mail. After having complied with
	5520	+	these requirements, the person charged need not sign the citation, but the
	5521	+	officer shall note the amount of the bond mailed on the citation and shall
	5522	+	give a copy of such citation to the person.
	5523	+	(b) The offenses for which a cash bond may be required as provided
	5524	+	in subsection (a) and the amounts thereof shall be as follows, subject to
	5525	+	increase at the discretion of the court:
	5526	+	Engaging in any activity without a required valid license or
	5527	+	permit, other than a big game or wild turkey permit or
	5528	+	license or permit for commercial activity......................$100
	5529	+	Engaging in any activity without a required stamp or other
	5530	+	issue of the department..................................................75
	5531	+	Engaging in any commercial activity without a required valid
	5532	+	license or permit............................................................500
	5533	+	Engaging in any big game or wild turkey hunting without a
	5534	+	required valid big game or wild turkey permit..............500
	5535	+	Making misrepresentation to secure license, permit, stamp or
	5536	+	other
	5537	+	issue of the department..................................................250
	5538	+	Taking wildlife, except big game or wild turkey, unlawfully
	5539	+	(including but not limited to taking wildlife before or after
	5540	+	legal taking hours,
	5541	+	during closed season, or using unlawful equipment, means
	5542	+	or method).....................................................................100
	5543	+	Carrying unplugged shotgun.............................................75
	5544	+	Exceeding bag or possession limit, except big game or wild
	5545	+	turkey — $25 for each animal in excess of the bag or
	5546	+	possession limit, plus.....................................................75
	5547	+	Exceeding big game or wild turkey bag or possession limit —
	5548	+	$100 for each animal in excess of the bag or possession
	5549	+	1
	5550	+	2
	5551	+	3
	5552	+	4
	5553	+	5
	5554	+	6
	5555	+	7
	5556	+	8
	5557	+	9
	5558	+	10
	5559	+	11
	5560	+	12
	5561	+	13
	5562	+	14
	5563	+	15
	5564	+	16
	5565	+	17
	5566	+	18
	5567	+	19
	5568	+	20
	5569	+	21
	5570	+	22
	5571	+	23
	5572	+	24
	5573	+	25
	5574	+	26
	5575	+	27
	5576	+	28
	5577	+	29
	5578	+	30
	5579	+	31
	5580	+	32
	5581	+	33
	5582	+	34
	5583	+	35
	5584	+	36
	5585	+	37
	5586	+	38
	5587	+	39 HB 2332 66
	5588	+	limit, plus.......................................................................250
	5589	+	Unlawful transporting of wildlife......................................150
	5590	+	Taking big game or wild turkey unlawfully (including, but not
	5591	+	limited to, taking big game or wild turkey before or after
	5592	+	legal taking hours, during closed season, or using unlawful
	5593	+	equipment, means or method).......................................500
2903	5594		Failing to wear and properly display required
2904		-	clothing during a big game hunting season...................~~..................~~75
	5595	+	clothing during a big game hunting season...................75
2905	5596		Taking wildlife when operating an amount of
2906		-	equipment in excess of that legally authorized...............................75
2907		-	Exceeding creel or possession limit — $25 for each animal in excess of
2908		-	the creel or possession limit, plus...................................................75
2909		-	Operating vessel without a certificate of number or registration.........50
2910		-	Operating vessel without proper display of required identification
2911		-	number............................................................................................50
2912		-	Failing to properly display required lights HOUSE BILL No. 2332—page 50
2913		-	on vessel between sunset and sunrise.............................................50
2914		-	Operating vessel without correct number or approved types of adult
2915		-	personal flotation devices — $25 for each adult personal flotation
2916		-	device violation, plus......................................................................50
2917		-	Operating vessel without correct number or approved types of child
2918		-	personal flotation devices — $50 for each child personal flotation
2919		-	device violation, plus.....................................................................100
2920		-	Operating vessel without required number of personal flotation devices
2921		-	readily accessible and in good and serviceable condition — $25 for
2922		-	each personal flotation device violation, plus.................................50
2923		-	Operating vessel without required number or approved types of fire
2924		-	extinguishers...................................................................................50
2925		-	Operating vessel in restricted area.......................................................50
2926		-	Operating vessel without required observer or rearview mirror on
2927		-	vessel...............................................................................................50
	5597	+	equipment in excess of that legally authorized..............75
	5598	+	Exceeding creel or possession limit — $25 for each animal in
	5599	+	excess of the creel or possession limit, plus..................75
	5600	+	Operating vessel without a certificate of number or
	5601	+	registration.....................................................................50
	5602	+	Operating vessel without proper display of required
	5603	+	identification
	5604	+	number...........................................................................50
	5605	+	Failing to properly display required lights
	5606	+	on vessel between sunset and sunrise............................50
	5607	+	Operating vessel without correct number or approved types of
	5608	+	adult personal flotation devices — $25 for each adult
	5609	+	personal flotation device violation, plus........................50
	5610	+	Operating vessel without correct number or approved types of
	5611	+	child personal flotation devices — $50 for each child
	5612	+	personal flotation device violation, plus........................100
	5613	+	Operating vessel without required number of personal
	5614	+	flotation devices readily accessible and in good and
	5615	+	serviceable condition — $25 for each
	5616	+	personal flotation device violation, plus........................50
	5617	+	Operating vessel without required number or approved types
	5618	+	of
	5619	+	fire extinguishers...........................................................50
	5620	+	Operating vessel in restricted area.....................................50
	5621	+	Operating vessel without required observer or rearview mirror
	5622	+	on vessel........................................................................50
2928	5623		Operating vessel without required equipment or in
2929		-	excess of capacity plate limitations.................................................50
2930		-	Unlawful altering, destroying or removing of
2931		-	capacity plate.......................................................................................100
	5624	+	1
	5625	+	2
	5626	+	3
	5627	+	4
	5628	+	5
	5629	+	6
	5630	+	7
	5631	+	8
	5632	+	9
	5633	+	10
	5634	+	11
	5635	+	12
	5636	+	13
	5637	+	14
	5638	+	15
	5639	+	16
	5640	+	17
	5641	+	18
	5642	+	19
	5643	+	20
	5644	+	21
	5645	+	22
	5646	+	23
	5647	+	24
	5648	+	25
	5649	+	26
	5650	+	27
	5651	+	28
	5652	+	29
	5653	+	30
	5654	+	31
	5655	+	32
	5656	+	33
	5657	+	34
	5658	+	35
	5659	+	36 HB 2332 67
	5660	+	excess of capacity plate limitations...............................50
	5661	+	Unlawful altering, destroying or removing of capacity plate
	5662	+	.......................................................................................100
2932	5663		(c) For any violation of the wildlife, and parks and tourism laws of
2933	5664		this state or rules and regulations adopted thereunder for which a cash
2934		-	bond is not specified in subsection (b), the court may establish a cash
2935		-	~~bond~~ amount.
	5665	+	bond is not specified in subsection (b), the court may establish a cash bond
	5666	+	amount.
2936	5667		(d) There shall be added to the amount of cash bond required
2937	5668		pursuant to subsections (b) and (c) the amount of the docket fee as
2938		-	prescribed by K.S.A. 28-172a, and amendments thereto, for crimes
2939		-	defined in chapter 32 of the Kansas Statutes Annotated, and
2940		-	amendments thereto.
	5669	+	prescribed by K.S.A. 28-172a, and amendments thereto, for crimes defined
	5670	+	in chapter 32 of the Kansas Statutes Annotated, and amendments thereto.
2941	5671		(e) In the event of forfeiture of any of the bonds set forth in this
2942	5672		section, the amount added by subsection (d) to the amount of the cash
2943	5673		bond shall be regarded as a docket fee.
2944	5674		Sec. 75. K.S.A. 32-1051 is hereby amended to read as follows: 32-
2945	5675		1051. (a) It shall be the duty of all conservation officers and deputy
2946		-	conservation officers of the wildlife, and parks and tourism
2947		-	conservation service and all law enforcement officers authorized to
2948		-	enforce the laws of this state to diligently inquire into and prosecute all
2949		-	violations of the wildlife, and parks and tourism laws of this state and
2950		-	rules and regulations of the secretary. Any such officers having
2951		-	knowledge or notice of any such violation shall forthwith make
2952		-	complaint before a court of competent jurisdiction and venue. No such
2953		-	officer making complaint shall be liable for costs unless it is found by
2954		-	the court or jury that the complaint was filed for malicious purposes
2955		-	and without probable cause.
	5676	+	conservation officers of the wildlife, and parks and tourism conservation
	5677	+	service and all law enforcement officers authorized to enforce the laws of
	5678	+	this state to diligently inquire into and prosecute all violations of the
	5679	+	wildlife, and parks and tourism laws of this state and rules and regulations
	5680	+	of the secretary. Any such officers having knowledge or notice of any such
	5681	+	violation shall forthwith make complaint before a court of competent
	5682	+	jurisdiction and venue. No such officer making complaint shall be liable
	5683	+	for costs unless it is found by the court or jury that the complaint was filed
	5684	+	for malicious purposes and without probable cause.
2956	5685		(b) Nothing in this section shall be construed to prevent the use of
2957		-	warnings or the issuance of warning tickets, in lieu of making a
2958		-	~~complaint,~~ when circumstances warrant.
	5686	+	warnings or the issuance of warning tickets, in lieu of making a complaint,
	5687	+	when circumstances warrant.
2959	5688		Sec. 76. K.S.A. 32-1052 is hereby amended to read as follows: 32-
2960		-	1052. In a prosecution of any person or persons for a violation of any
2961		-	of the wildlife, and parks and tourism laws of this state or rules and
	5689	+	1052. In a prosecution of any person or persons for a violation of any of
	5690	+	the wildlife, and parks and tourism laws of this state or rules and
2962	5691		regulations of the secretary, it shall not be necessary to:
2963	5692		(a) State in the complaint the true or scientific name of the wildlife
2964	5693		involved in the alleged violation; or
2965	5694		(b) state in the complaint or to prove at the trial that the taking or
2966		-	possessing of any wildlife involved in the alleged violation was not for
2967		-	the sole purpose of using or preserving it as a specimen for scientific
2968		-	purposes.
	5695	+	possessing of any wildlife involved in the alleged violation was not for the
	5696	+	sole purpose of using or preserving it as a specimen for scientific purposes.
2969	5697		Sec. 77. K.S.A. 32-1053 is hereby amended to read as follows: 32-
2970		-	1053. It shall be the duty of each county or district attorney to
2971		-	prosecute any person or persons charged with a violation of any of the HOUSE BILL No. 2332—page 51
2972		-	wildlife, and parks and tourism laws of this state or rules and
2973		-	regulations of the secretary. The attorney so prosecuting shall receive
2974		-	the fee established by law or by the court having jurisdiction over the
2975		-	matter for each prosecution in a district court, and such fee shall be
2976		-	taxed to the defendant in every case where conviction shall be had.
	5698	+	1053. It shall be the duty of each county or district attorney to prosecute
	5699	+	any person or persons charged with a violation of any of the wildlife, and
	5700	+	parks and tourism laws of this state or rules and regulations of the
	5701	+	secretary. The attorney so prosecuting shall receive the fee established by
	5702	+	law or by the court having jurisdiction over the matter for each prosecution
	5703	+	1
	5704	+	2
	5705	+	3
	5706	+	4
	5707	+	5
	5708	+	6
	5709	+	7
	5710	+	8
	5711	+	9
	5712	+	10
	5713	+	11
	5714	+	12
	5715	+	13
	5716	+	14
	5717	+	15
	5718	+	16
	5719	+	17
	5720	+	18
	5721	+	19
	5722	+	20
	5723	+	21
	5724	+	22
	5725	+	23
	5726	+	24
	5727	+	25
	5728	+	26
	5729	+	27
	5730	+	28
	5731	+	29
	5732	+	30
	5733	+	31
	5734	+	32
	5735	+	33
	5736	+	34
	5737	+	35
	5738	+	36
	5739	+	37
	5740	+	38
	5741	+	39
	5742	+	40
	5743	+	41
	5744	+	42
	5745	+	43 HB 2332 68
	5746	+	in a district court, and such fee shall be taxed to the defendant in every
	5747	+	case where conviction shall be had.
2977	5748		Sec. 78. K.S.A. 32-1054 is hereby amended to read as follows: 32-
2978		-	1054. It shall be the duty of every judge or clerk of the court before
2979		-	whom any prosecution for a violation of the wildlife, and parks and
2980		-	tourism laws of this state or rules and regulations of the secretary is
2981		-	commenced or goes on appeal, within 20 days after disposition thereof
2982		-	or the occurrence of a failure to comply with a wildlife, and parks and
2983		-	tourism citation, to report in writing to the department the result
2984		-	thereof. The report of any disposition or failure to comply with a
2985		-	wildlife, and parks and tourism citation shall include the sentence of
2986		-	the court, the nature of the conviction or charge upon which the
2987		-	prosecution is based, the fines, fees, assessments and other penalties
2988		-	imposed and the forfeiture or suspension of any license, permit, stamp
2989		-	or other issue of the Kansas department of wildlife, and parks and
2990		-	tourism, if any.
	5749	+	1054. It shall be the duty of every judge or clerk of the court before whom
	5750	+	any prosecution for a violation of the wildlife, and parks and tourism laws
	5751	+	of this state or rules and regulations of the secretary is commenced or goes
	5752	+	on appeal, within 20 days after disposition thereof or the occurrence of a
	5753	+	failure to comply with a wildlife, and parks and tourism citation, to report
	5754	+	in writing to the department the result thereof. The report of any
	5755	+	disposition or failure to comply with a wildlife, and parks and tourism
	5756	+	citation shall include the sentence of the court, the nature of the conviction
	5757	+	or charge upon which the prosecution is based, the fines, fees, assessments
	5758	+	and other penalties imposed and the forfeiture or suspension of any
	5759	+	license, permit, stamp or other issue of the Kansas department of wildlife,
	5760	+	and parks and tourism, if any.
2991	5761		Sec. 79. K.S.A. 32-1062 is hereby amended to read as follows: 32-
2992		-	1062. The secretary of the Kansas department of wildlife, and parks
2993		-	~~and~~ tourism shall make and publish such rules and regulations, not
2994		-	~~inconsistent~~ with law, as deemed necessary to carry out the purposes of
2995		-	~~the wildlife~~ violator compact.
	5762	+	1062. The secretary of the Kansas department of wildlife, and parks and
	5763	+	tourism shall make and publish such rules and regulations, not inconsistent
	5764	+	with law, as deemed necessary to carry out the purposes of the wildlife
	5765	+	violator compact.
2996	5766		Sec. 80. K.S.A. 32-1063 is hereby amended to read as follows: 32-
2997		-	1063. It shall be unlawful for any person whose license, privilege, or
2998		-	~~right~~ to hunt, fish, trap, possess, or transport wildlife, having been
2999		-	~~suspended or~~ revoked pursuant to the wildlife violator compact, to
3000		-	~~exercise that right or~~ privilege within this state or to purchase or
3001		-	~~possess such a license which~~ grants such right or privilege.
	5767	+	1063. It shall be unlawful for any person whose license, privilege, or right
	5768	+	to hunt, fish, trap, possess, or transport wildlife, having been suspended or
	5769	+	revoked pursuant to the wildlife violator compact, to exercise that right or
	5770	+	privilege within this state or to purchase or possess such a license which
	5771	+	grants such right or privilege.
3002	5772		(a) Any person who knowingly hunts, fishes, traps, possesses, or
3003		-	transports any wildlife, or attempts to do any of the same, within this
3004		-	~~state~~ in violation of such suspension or revocation pursuant to the
3005		-	~~wildlife~~ violator compact shall be guilty of a class A nonperson
3006		-	~~misdemeanor and~~ sentenced to the following:
	5773	+	transports any wildlife, or attempts to do any of the same, within this state
	5774	+	in violation of such suspension or revocation pursuant to the wildlife
	5775	+	violator compact shall be guilty of a class A nonperson misdemeanor and
	5776	+	sentenced to the following:
3007	5777		(1) A fine of not less than $1,500 nor more than $5,000; and
3008		-	(2) any privilege or right to hunt, fish, trap or otherwise take,
3009		-	~~possess~~ or transport any wildlife in this state, or purchase or possess
3010		-	~~any license,~~ permit, stamp or other issue of the Kansas department of
3011		-	~~wildlife, and~~ parks and tourism shall be forfeited or suspended for a
3012		-	~~period of not less~~ than two years nor more than five years in addition to
3013		-	~~and consecutive to~~ the original revocation or suspension set forth by the
3014		-	~~provisions of the~~ compact;
	5778	+	(2) any privilege or right to hunt, fish, trap or otherwise take, possess
	5779	+	or transport any wildlife in this state, or purchase or possess any license,
	5780	+	permit, stamp or other issue of the Kansas department of wildlife, and
	5781	+	parks and tourism shall be forfeited or suspended for a period of not less
	5782	+	than two years nor more than five years in addition to and consecutive to
	5783	+	the original revocation or suspension set forth by the provisions of the
	5784	+	compact;
3015	5785		(3) the sentencing judge may impose other sanctions pursuant to
3016	5786		K.S.A. 2022 Supp. 21-6602 and 21-6604, and amendments thereto.
3017		-	(b) Any person who knowingly purchases or possesses, or
3018		-	attempts to purchase or possess, a license to hunt, fish, trap, possess or
3019		-	transport wildlife in this state in violation of such suspension or
3020		-	revocation pursuant to the wildlife violator compact shall be guilty of a
3021		-	class A nonperson misdemeanor and sentenced to the following:
	5787	+	(b) Any person who knowingly purchases or possesses, or attempts to
	5788	+	purchase or possess, a license to hunt, fish, trap, possess or transport
	5789	+	1
	5790	+	2
	5791	+	3
	5792	+	4
	5793	+	5
	5794	+	6
	5795	+	7
	5796	+	8
	5797	+	9
	5798	+	10
	5799	+	11
	5800	+	12
	5801	+	13
	5802	+	14
	5803	+	15
	5804	+	16
	5805	+	17
	5806	+	18
	5807	+	19
	5808	+	20
	5809	+	21
	5810	+	22
	5811	+	23
	5812	+	24
	5813	+	25
	5814	+	26
	5815	+	27
	5816	+	28
	5817	+	29
	5818	+	30
	5819	+	31
	5820	+	32
	5821	+	33
	5822	+	34
	5823	+	35
	5824	+	36
	5825	+	37
	5826	+	38
	5827	+	39
	5828	+	40
	5829	+	41
	5830	+	42
	5831	+	43 HB 2332 69
	5832	+	wildlife in this state in violation of such suspension or revocation pursuant
	5833	+	to the wildlife violator compact shall be guilty of a class A nonperson
	5834	+	misdemeanor and sentenced to the following:
3022	5835		(1) A fine of not less than $750 nor more than $2,500; and
3023		-	(2) any privilege or right to hunt, fish, trap or otherwise take,
3024		-	possess or transport any wildlife in this state, or purchase or possess
3025		-	any license, permit, stamp or other issue of the Kansas department of
3026		-	wildlife, and parks and tourism shall be forfeited or suspended for a
3027		-	period of not less than two years in addition to and consecutive to the
3028		-	original revocation or suspension set forth by the provisions of the
3029		-	compact;
3030		-	(3) the sentencing judge may impose other sanctions pursuant to HOUSE BILL No. 2332—page 52
	5836	+	(2) any privilege or right to hunt, fish, trap or otherwise take, possess
	5837	+	or transport any wildlife in this state, or purchase or possess any license,
	5838	+	permit, stamp or other issue of the Kansas department of wildlife, and
	5839	+	parks and tourism shall be forfeited or suspended for a period of not less
	5840	+	than two years in addition to and consecutive to the original revocation or
	5841	+	suspension set forth by the provisions of the compact;
	5842	+	(3) the sentencing judge may impose other sanctions pursuant to
3031	5843		K.S.A. 2022 Supp. 21-6602 and 21-6604, and amendments thereto.
3032	5844		Sec. 81. K.S.A. 32-1064 is hereby amended to read as follows: 32-
3033	5845		1064. As used in the compact, the term "licensing authority," with
3034		-	reference to this state, means the Kansas department of wildlife, and
3035		-	parks and tourism. The secretary of wildlife, and parks and tourism
3036		-	shall furnish to the appropriate authorities of party states any
3037		-	information or documents reasonably necessary to facilitate the
3038		-	administration of the compact.
	5846	+	reference to this state, means the Kansas department of wildlife, and parks
	5847	+	and tourism. The secretary of wildlife, and parks and tourism shall furnish
	5848	+	to the appropriate authorities of party states any information or documents
	5849	+	reasonably necessary to facilitate the administration of the compact.
3039	5850		Sec. 82. K.S.A. 32-1066 is hereby amended to read as follows: 32-
3040		-	1066. The secretary of the Kansas department of wildlife, and parks
3041		-	and tourism shall appoint the director or head administrator of the
3042		-	department's law enforcement division or section to serve on the board
3043		-	of compact administrators as the compact administrator for this state as
3044		-	required by section 1 subsection (a) of article VII of the wildlife
3045		-	violator compact.
	5851	+	1066. The secretary of the Kansas department of wildlife, and parks and
	5852	+	tourism shall appoint the director or head administrator of the department's
	5853	+	law enforcement division or section to serve on the board of compact
	5854	+	administrators as the compact administrator for this state as required by
	5855	+	section 1 subsection (a) of article VII of the wildlife violator compact.
3046	5856		Sec. 83. K.S.A. 32-1074 is hereby amended to read as follows: 32-
3047	5857		1074. (a) The lesser prairie chicken and the greater prairie chicken are
3048	5858		non-migratory species that are native to the grasslands of Kansas.
3049		-	(b) The lesser prairie chicken and the greater prairie chicken do
3050		-	~~not~~ inhabit or swim in any static bodies of water, navigable waterways
3051		-	~~or non-~~navigable waterways.
3052		-	(c) The existence and management of the lesser prairie chicken
3053		-	~~and~~ the greater prairie chicken do not have a substantial effect on
3054		-	~~commerce~~ among the states.
3055		-	(d) The Kansas department of wildlife, and parks and tourism, and
3056		-	~~its~~ predecessor agencies, have successfully managed lesser prairie
3057		-	~~chickens~~ and greater prairie chickens in the state and have provided for
3058		-	~~the adequate~~ preservation of the habitats of such species.
	5859	+	(b) The lesser prairie chicken and the greater prairie chicken do not
	5860	+	inhabit or swim in any static bodies of water, navigable waterways or non-
	5861	+	navigable waterways.
	5862	+	(c) The existence and management of the lesser prairie chicken and
	5863	+	the greater prairie chicken do not have a substantial effect on commerce
	5864	+	among the states.
	5865	+	(d) The Kansas department of wildlife, and parks and tourism, and its
	5866	+	predecessor agencies, have successfully managed lesser prairie chickens
	5867	+	and greater prairie chickens in the state and have provided for the adequate
	5868	+	preservation of the habitats of such species.
3059	5869		Sec. 84. K.S.A. 32-1075 is hereby amended to read as follows: 32-
3060	5870		1075. (a) The state of Kansas, acting through the Kansas legislature and
3061	5871		through the Kansas department of wildlife, and parks and tourism,
3062	5872		possesses the sole regulatory authority to govern the management,
3063	5873		habitats, hunting and possession of lesser prairie chickens and greater
3064	5874		prairie chickens that exist within the state of Kansas.
	5875	+	1
	5876	+	2
	5877	+	3
	5878	+	4
	5879	+	5
	5880	+	6
	5881	+	7
	5882	+	8
	5883	+	9
	5884	+	10
	5885	+	11
	5886	+	12
	5887	+	13
	5888	+	14
	5889	+	15
	5890	+	16
	5891	+	17
	5892	+	18
	5893	+	19
	5894	+	20
	5895	+	21
	5896	+	22
	5897	+	23
	5898	+	24
	5899	+	25
	5900	+	26
	5901	+	27
	5902	+	28
	5903	+	29
	5904	+	30
	5905	+	31
	5906	+	32
	5907	+	33
	5908	+	34
	5909	+	35
	5910	+	36
	5911	+	37
	5912	+	38
	5913	+	39
	5914	+	40
	5915	+	41
	5916	+	42
	5917	+	43 HB 2332 70
3065	5918		(b) The lesser prairie chickens and the greater prairie chickens that
3066		-	exist within the state and the habitats of such species, are not subject to
3067		-	~~the~~ endangered species act of 1973, as in effect on the effective date of
3068		-	~~this~~ act, or any federal regulation or executive action pertaining thereto,
3069		-	~~under~~ the authority of congress to regulate interstate commerce.
	5919	+	exist within the state and the habitats of such species, are not subject to the
	5920	+	endangered species act of 1973, as in effect on the effective date of this
	5921	+	act, or any federal regulation or executive action pertaining thereto, under
	5922	+	the authority of congress to regulate interstate commerce.
3070	5923		(c) Any federal regulation or executive action pertaining to the
3071	5924		endangered species act of 1973, as in effect on the effective date of this
3072		-	act, that purports to regulate the following has no effect within the
3073		-	state:
	5925	+	act, that purports to regulate the following has no effect within the state:
3074	5926		(1) The lesser prairie chicken;
3075	5927		(2) the greater prairie chicken;
3076	5928		(3) the habitats of such species;
3077	5929		(4) farming practices that affect such species; or
3078	5930		(5) other human activity that affects such species or the habitats of
3079	5931		such species.
3080	5932		Sec. 85. K.S.A. 32-1077 is hereby amended to read as follows: 32-
3081		-	1077. (a) This act shall not be construed to infringe on the authority of
3082		-	~~the~~ United States department of agriculture to administer conservation
	5933	+	1077. (a) This act shall not be construed to infringe on the authority of the
	5934	+	United States department of agriculture to administer conservation
3083	5935		programs that apply to:
3084	5936		(1) The lesser prairie chicken;
3085	5937		(2) the greater prairie chicken;
3086	5938		(3) the habitats of such species;
3087	5939		(4) farming practices that affect such species; or
3088		-	(5) other human activity that affects such species or habitats of
3089		-	~~such~~ species. ~~HOUSE BILL No. 2332—page 53~~
3090		-	(b) This act shall not be construed to infringe on the authority of
3091		-	~~the~~ United States environmental protection agency, or the state of
3092		-	~~Kansas~~ under delegated authority, to administer the federal water
3093		-	~~pollution~~ prevention and control act, as in effect on the effective date of
3094		-	~~this act, or~~ the clean air act, as in effect on the effective date of this act,
3095		-	~~to the extent it~~ may apply to:
	5940	+	(5) other human activity that affects such species or habitats of such
	5941	+	species.
	5942	+	(b) This act shall not be construed to infringe on the authority of the
	5943	+	United States environmental protection agency, or the state of Kansas
	5944	+	under delegated authority, to administer the federal water pollution
	5945	+	prevention and control act, as in effect on the effective date of this act, or
	5946	+	the clean air act, as in effect on the effective date of this act, to the extent it
	5947	+	may apply to:
3096	5948		(1) The lesser prairie chicken;
3097	5949		(2) the greater prairie chicken;
3098	5950		(3) the habitats of such species;
3099	5951		(4) farming practices that affect such species; or
3100		-	(5) other human activity that affects such species or habitats of
3101		-	such species.
3102		-	(c) This act shall not be construed to infringe on the authority of
3103		-	the Kansas department of wildlife, and parks and tourism or any private
3104		-	citizen of this state to operate or participate in the range wide lesser
3105		-	prairie chicken management plan, the stakeholder conservation strategy
3106		-	for the lesser prairie chicken, or any other management or conservation
3107		-	plan pertaining to the lesser prairie chicken that may be developed with
3108		-	the assistance and participation of the United States fish and wildlife
3109		-	service and apply to:
	5952	+	(5) other human activity that affects such species or habitats of such
	5953	+	species.
	5954	+	(c) This act shall not be construed to infringe on the authority of the
	5955	+	Kansas department of wildlife, and parks and tourism or any private
	5956	+	citizen of this state to operate or participate in the range wide lesser prairie
	5957	+	chicken management plan, the stakeholder conservation strategy for the
	5958	+	lesser prairie chicken, or any other management or conservation plan
	5959	+	pertaining to the lesser prairie chicken that may be developed with the
	5960	+	assistance and participation of the United States fish and wildlife service
	5961	+	1
	5962	+	2
	5963	+	3
	5964	+	4
	5965	+	5
	5966	+	6
	5967	+	7
	5968	+	8
	5969	+	9
	5970	+	10
	5971	+	11
	5972	+	12
	5973	+	13
	5974	+	14
	5975	+	15
	5976	+	16
	5977	+	17
	5978	+	18
	5979	+	19
	5980	+	20
	5981	+	21
	5982	+	22
	5983	+	23
	5984	+	24
	5985	+	25
	5986	+	26
	5987	+	27
	5988	+	28
	5989	+	29
	5990	+	30
	5991	+	31
	5992	+	32
	5993	+	33
	5994	+	34
	5995	+	35
	5996	+	36
	5997	+	37
	5998	+	38
	5999	+	39
	6000	+	40
	6001	+	41
	6002	+	42
	6003	+	43 HB 2332 71
	6004	+	and apply to:
3110	6005		(1) The lesser prairie chicken;
3111	6006		(2) the greater prairie chicken;
3112	6007		(3) the habitats of such species;
3113	6008		(4) farming practices that affect such species; or
3114		-	(5) other human activity that affects such species or habitats of
3115		-	~~such~~ species.
	6009	+	(5) other human activity that affects such species or habitats of such
	6010	+	species.
3116	6011		Sec. 86. K.S.A. 32-1102 is hereby amended to read as follows: 32-
3117		-	1102. As used in article 11 of chapter 32 of the Kansas Statutes
3118		-	~~Annotated,~~ and amendments thereto, unless the context clearly requires
3119		-	~~a different~~ meaning:
	6012	+	1102. As used in article 11 of chapter 32 of the Kansas Statutes Annotated,
	6013	+	and amendments thereto, unless the context clearly requires a different
	6014	+	meaning:
3120	6015		(a) "Vessel" means any watercraft designed to be propelled by
3121		-	machinery, oars, paddles or wind action upon a sail for navigation on
3122		-	~~the~~ water.
3123		-	(b) "Motorboat" means any vessel propelled by machinery,
3124		-	~~whether~~ or not such machinery is the principal source of propulsion.
	6016	+	machinery, oars, paddles or wind action upon a sail for navigation on the
	6017	+	water.
	6018	+	(b) "Motorboat" means any vessel propelled by machinery, whether
	6019	+	or not such machinery is the principal source of propulsion.
3125	6020		(c) "Owner" means a person, other than a lienholder, having the
3126	6021		property in or title to a vessel. The term "Owner" includes a person
3127		-	entitled to the use or possession of a vessel subject to an interest in
3128		-	~~another~~ person, reserved or created by agreement and securing payment
3129		-	or performance of an obligation, but the term excludes. "Owner" does
3130		-	~~not~~ include a lessee under a lease not intended as security.
3131		-	(d) "Waters of this state" means any waters within the territorial
3132		-	~~limits~~ of this state.
	6022	+	entitled to the use or possession of a vessel subject to an interest in another
	6023	+	person, reserved or created by agreement and securing payment or
	6024	+	performance of an obligation, but the term excludes. "Owner" does not
	6025	+	include a lessee under a lease not intended as security.
	6026	+	(d) "Waters of this state" means any waters within the territorial limits
	6027	+	of this state.
3133	6028		(e) "Person" means an individual, partnership, firm, corporation,
3134	6029		association or other entity.
3135	6030		(f) "Operate" means to navigate or otherwise use a motorboat or a
3136	6031		vessel.
3137		-	(g) "Department" means the Kansas department of wildlife, and
3138		-	~~parks~~ and tourism.
	6032	+	(g) "Department" means the Kansas department of wildlife, and parks
	6033	+	and tourism.
3139	6034		(h) "Secretary" means the secretary of wildlife, and parks and
3140	6035		tourism.
3141		-	(i) "Length" means the length of the vessel measured from end to
3142		-	~~end~~ over the deck excluding sheer.
	6036	+	(i) "Length" means the length of the vessel measured from end to end
	6037	+	over the deck excluding sheer.
3143	6038		(j) "Operator" means the person who operates or has charge of the
3144	6039		navigation or use of a motorboat or a vessel.
3145		-	(k) "Undocumented vessel" means a vessel which that is not
3146		-	~~required~~ to have, and does not have, a valid marine document issued by
3147		-	~~the United~~ States coast guard or federal agency successor thereto.
3148		-	(l) "Reportable boating accident" means an accident, collision or ~~HOUSE BILL No. 2332—page 54~~
	6040	+	(k) "Undocumented vessel" means a vessel which that is not required
	6041	+	to have, and does not have, a valid marine document issued by the United
	6042	+	States coast guard or federal agency successor thereto.
	6043	+	(l) "Reportable boating accident" means an accident, collision or
3149	6044		other casualty involving a vessel subject to this act which that results in
3150	6045		loss of life, injury sufficient to require first aid or medical attention, or
3151	6046		actual physical damage to property, including a vessel, in excess of an
	6047	+	1
	6048	+	2
	6049	+	3
	6050	+	4
	6051	+	5
	6052	+	6
	6053	+	7
	6054	+	8
	6055	+	9
	6056	+	10
	6057	+	11
	6058	+	12
	6059	+	13
	6060	+	14
	6061	+	15
	6062	+	16
	6063	+	17
	6064	+	18
	6065	+	19
	6066	+	20
	6067	+	21
	6068	+	22
	6069	+	23
	6070	+	24
	6071	+	25
	6072	+	26
	6073	+	27
	6074	+	28
	6075	+	29
	6076	+	30
	6077	+	31
	6078	+	32
	6079	+	33
	6080	+	34
	6081	+	35
	6082	+	36
	6083	+	37
	6084	+	38
	6085	+	39
	6086	+	40
	6087	+	41
	6088	+	42
	6089	+	43 HB 2332 72
3152	6090		amount established by rules and regulations adopted by the secretary in
3153	6091		accordance with K.S.A. 32-805, and amendments thereto.
3154		-	(m) "Marine sewage" means any substance that contains any of
3155		-	~~the~~ waste products, excrement or other discharges from the bodies of
3156		-	~~human~~ beings or animals, or foodstuffs or materials associated with
3157		-	~~foodstuffs~~ intended for human consumption.
3158		-	(n) "Marine toilet" means any latrine, head, lavatory or toilet
3159		-	~~which~~ that is intended to receive marine sewage and which is located
3160		-	~~on or in any~~ vessel.
	6092	+	(m) "Marine sewage" means any substance that contains any of the
	6093	+	waste products, excrement or other discharges from the bodies of human
	6094	+	beings or animals, or foodstuffs or materials associated with foodstuffs
	6095	+	intended for human consumption.
	6096	+	(n) "Marine toilet" means any latrine, head, lavatory or toilet which
	6097	+	that is intended to receive marine sewage and which is located on or in any
	6098	+	vessel.
3161	6099		(o) "Passenger" means any individual who obtains passage or is
3162	6100		carried in or on a vessel.
3163	6101		(p) "Sail board" means a surfboard using for propulsion a free sail
3164	6102		system comprising one or more swivel-mounted rigs (mast, sail and
3165	6103		booms) supported in an upright position by the crew and the wind.
3166	6104		(q) "Dealer" means any person who:
3167	6105		(1) For a commission or with an intent to make a profit or gain of
3168	6106		money or other thing of value, sells, barters, exchanges, leases or rents
3169		-	with the option to purchase, offers, attempts to sell, or negotiates the
3170		-	~~sale~~ of any vessel, whether or not the vessel is owned by such person;
3171		-	(2) maintains an established place of business with sufficient
3172		-	~~space to~~ display vessels at least equal in number to the number of
3173		-	~~dealer certificates~~ of number the dealer has been assigned; and
	6107	+	with the option to purchase, offers, attempts to sell, or negotiates the sale
	6108	+	of any vessel, whether or not the vessel is owned by such person;
	6109	+	(2) maintains an established place of business with sufficient space to
	6110	+	display vessels at least equal in number to the number of dealer certificates
	6111	+	of number the dealer has been assigned; and
3174	6112		(3) maintains signage easily visible from the street identifying the
3175	6113		established place of business.
3176		-	(r) "Demonstrate" means to operate a vessel on the waters of this
3177		-	~~state~~ for the purpose of selling, trading, negotiating or attempting to
3178		-	~~negotiate~~ the sale or exchange of interests in new or used vessels or for
3179		-	~~the purpose~~ of testing the design or operation of a vessel.
	6114	+	(r) "Demonstrate" means to operate a vessel on the waters of this state
	6115	+	for the purpose of selling, trading, negotiating or attempting to negotiate
	6116	+	the sale or exchange of interests in new or used vessels or for the purpose
	6117	+	of testing the design or operation of a vessel.
3180	6118		(s) "Sailboat" means any vessel, other than a sail board, that is
3181		-	designed to be propelled by wind action upon a sail for navigation on
3182		-	~~the~~ water.
	6119	+	designed to be propelled by wind action upon a sail for navigation on the
	6120	+	water.
3183	6121		(t) "Boat livery" means any person offering a vessel or vessels of
3184	6122		varying types for rent.
3185	6123		(u) "Cargo" means the items placed within or on a vessel and shall
3186		-	include includes any persons or objects towed on water skis,
3187		-	~~surfboards,~~ tubes or similar devices behind the vessel.
3188		-	(v) "State of principal use" means the state on the waters of which
3189		-	a vessel is used or to be used most during the calendar year.
	6124	+	include includes any persons or objects towed on water skis, surfboards,
	6125	+	tubes or similar devices behind the vessel.
	6126	+	(v) "State of principal use" means the state on the waters of which a
	6127	+	vessel is used or to be used most during the calendar year.
3190	6128		(w) "Use" means to operate, navigate or employ.
3191		-	(x) "Abandoned vessel" means any vessel on public waters or
3192		-	~~public~~ or private land which that remains unclaimed for a period of 15
	6129	+	(x) "Abandoned vessel" means any vessel on public waters or public
	6130	+	or private land which that remains unclaimed for a period of 15
3193	6131		consecutive days.
3194	6132		Sec. 87. K.S.A. 32-1112 is hereby amended to read as follows: 32-
3195		-	1112. (a) A licensed dealer demonstrating, displaying or exhibiting on
3196		-	the waters of this state any vessel of a type required to be numbered
3197		-	under the laws of this state may obtain from the department of wildlife
3198		-	and parks, in lieu of obtaining a certificate of number for each such
3199		-	vessel, dealer certificates of number for use in demonstrating,
3200		-	displaying or exhibiting any such vessel. No such dealer certificate of
3201		-	number shall be issued by the department except upon application to
3202		-	the secretary upon forms prescribed by the secretary and upon payment
3203		-	of the required fees. The dealer certificate of number must accompany
3204		-	the vessel and the number assigned by such dealer certificate must be
3205		-	temporarily placed on the vessel while it is being demonstrated,
3206		-	displayed or exhibited on the waters of this state. During the calendar
3207		-	year for which issued, such dealer certificate may be transferred from HOUSE BILL No. 2332—page 55
3208		-	one such vessel to another owned or operated by such dealer. Such
3209		-	dealer certificate of number may be used in lieu of a regular certificate
3210		-	of number for the purposes of demonstrating, displaying or exhibiting
3211		-	vessels held in inventory of such dealer. Such dealer certificate of
3212		-	number may also be used on such dealer's service vessel, or substitute
3213		-	vessels owned by the dealer but loaned to a customer when the dealer is
3214		-	repairing such customer's vessel.
3215		-	(b) No dealer in vessels of a type required to be numbered under
3216		-	the laws of this state shall cause or permit any such vessel owned by
3217		-	such dealer to be on the waters of this state unless the original dealer
3218		-	certificate of number accompanies the vessel and the number assigned
3219		-	by such dealer certificate is temporarily placed on the vessel as required
3220		-	by this section. A dealer who wishes to operate or allow operation of
3221		-	more than one vessel simultaneously on the waters of this state shall
3222		-	apply for additional dealer certificates as provided by the secretary.
	6133	+	1
	6134	+	2
	6135	+	3
	6136	+	4
	6137	+	5
	6138	+	6
	6139	+	7
	6140	+	8
	6141	+	9
	6142	+	10
	6143	+	11
	6144	+	12
	6145	+	13
	6146	+	14
	6147	+	15
	6148	+	16
	6149	+	17
	6150	+	18
	6151	+	19
	6152	+	20
	6153	+	21
	6154	+	22
	6155	+	23
	6156	+	24
	6157	+	25
	6158	+	26
	6159	+	27
	6160	+	28
	6161	+	29
	6162	+	30
	6163	+	31
	6164	+	32
	6165	+	33
	6166	+	34
	6167	+	35
	6168	+	36
	6169	+	37
	6170	+	38
	6171	+	39
	6172	+	40
	6173	+	41
	6174	+	42
	6175	+	43 HB 2332 73
	6176	+	1112. (a) A licensed dealer demonstrating, displaying or exhibiting on the
	6177	+	waters of this state any vessel of a type required to be numbered under the
	6178	+	laws of this state may obtain from the department of wildlife and parks, in
	6179	+	lieu of obtaining a certificate of number for each such vessel, dealer
	6180	+	certificates of number for use in demonstrating, displaying or exhibiting
	6181	+	any such vessel. No such dealer certificate of number shall be issued by
	6182	+	the department except upon application to the secretary upon forms
	6183	+	prescribed by the secretary and upon payment of the required fees. The
	6184	+	dealer certificate of number must accompany the vessel and the number
	6185	+	assigned by such dealer certificate must be temporarily placed on the
	6186	+	vessel while it is being demonstrated, displayed or exhibited on the waters
	6187	+	of this state. During the calendar year for which issued, such dealer
	6188	+	certificate may be transferred from one such vessel to another owned or
	6189	+	operated by such dealer. Such dealer certificate of number may be used in
	6190	+	lieu of a regular certificate of number for the purposes of demonstrating,
	6191	+	displaying or exhibiting vessels held in inventory of such dealer. Such
	6192	+	dealer certificate of number may also be used on such dealer's service
	6193	+	vessel, or substitute vessels owned by the dealer but loaned to a customer
	6194	+	when the dealer is repairing such customer's vessel.
	6195	+	(b) No dealer in vessels of a type required to be numbered under the
	6196	+	laws of this state shall cause or permit any such vessel owned by such
	6197	+	dealer to be on the waters of this state unless the original dealer certificate
	6198	+	of number accompanies the vessel and the number assigned by such dealer
	6199	+	certificate is temporarily placed on the vessel as required by this section. A
	6200	+	dealer who wishes to operate or allow operation of more than one vessel
	6201	+	simultaneously on the waters of this state shall apply for additional dealer
	6202	+	certificates as provided by the secretary.
3223	6203		(c) No dealer certificate of number shall be issued to any dealer
3224	6204		unless such dealer at the time of making application therefor exhibits to
3225		-	the secretary or the secretary's agent a receipt showing that the
3226		-	applicant has paid all personal property taxes and sales tax levied
3227		-	against such dealer for the preceding year, including taxes assessed
3228		-	against vessels of such dealer which that were assessed as stock in
3229		-	trade, or unless the dealer exhibits satisfactory evidence that the dealer
3230		-	had no taxable personal property for the preceding year. If application
3231		-	for registration is made before June 21, the receipt may show payment
3232		-	of only ½ of the preceding year's taxes.
3233		-	(d) To determine the number of dealer certificates of number a
3234		-	dealer needs, the secretary may base the decision on the dealer's past
3235		-	sales, inventory and any other pertinent factors as the secretary may
3236		-	determine. After the end of the first year of licensure as a dealer, not
3237		-	more than one dealer certificate of number shall be issued to any dealer
3238		-	who has not reported to the secretary the sale of at least five vessels in
3239		-	the preceding year. There shall be no refund of fees for dealer
3240		-	certificates of number in the event of suspension, revocation or
3241		-	voluntary cancellation of such certificates of number.
3242		-	(e) Any dealer of vessels may authorize use of dealer certificates
3243		-	of number assigned to such dealer by the following:
	6205	+	the secretary or the secretary's agent a receipt showing that the applicant
	6206	+	has paid all personal property taxes and sales tax levied against such dealer
	6207	+	for the preceding year, including taxes assessed against vessels of such
	6208	+	dealer which that were assessed as stock in trade, or unless the dealer
	6209	+	exhibits satisfactory evidence that the dealer had no taxable personal
	6210	+	property for the preceding year. If application for registration is made
	6211	+	before June 21, the receipt may show payment of only ½ of the preceding
	6212	+	year's taxes.
	6213	+	(d) To determine the number of dealer certificates of number a dealer
	6214	+	needs, the secretary may base the decision on the dealer's past sales,
	6215	+	inventory and any other pertinent factors as the secretary may determine.
	6216	+	After the end of the first year of licensure as a dealer, not more than one
	6217	+	dealer certificate of number shall be issued to any dealer who has not
	6218	+	reported to the secretary the sale of at least five vessels in the preceding
	6219	+	1
	6220	+	2
	6221	+	3
	6222	+	4
	6223	+	5
	6224	+	6
	6225	+	7
	6226	+	8
	6227	+	9
	6228	+	10
	6229	+	11
	6230	+	12
	6231	+	13
	6232	+	14
	6233	+	15
	6234	+	16
	6235	+	17
	6236	+	18
	6237	+	19
	6238	+	20
	6239	+	21
	6240	+	22
	6241	+	23
	6242	+	24
	6243	+	25
	6244	+	26
	6245	+	27
	6246	+	28
	6247	+	29
	6248	+	30
	6249	+	31
	6250	+	32
	6251	+	33
	6252	+	34
	6253	+	35
	6254	+	36
	6255	+	37
	6256	+	38
	6257	+	39
	6258	+	40
	6259	+	41
	6260	+	42
	6261	+	43 HB 2332 74
	6262	+	year. There shall be no refund of fees for dealer certificates of number in
	6263	+	the event of suspension, revocation or voluntary cancellation of such
	6264	+	certificates of number.
	6265	+	(e) Any dealer of vessels may authorize use of dealer certificates of
	6266	+	number assigned to such dealer by the following:
3244	6267		(1) The licensed dealer and such dealer's spouse;
3245	6268		(2) any employee of such dealer when the use thereof is directly
3246	6269		connected to a particular business transaction of such dealer; and
3247		-	(3) the dealer's customer when operating a vessel in connection
3248		-	~~with~~ negotiations to purchase such vessel or during a demonstration of
3249		-	~~such~~ vessel, as stated in a written agreement between the dealership and
3250		-	~~the~~ customer, with such required information as deemed necessary by
3251		-	~~the~~ secretary.
	6270	+	(3) the dealer's customer when operating a vessel in connection with
	6271	+	negotiations to purchase such vessel or during a demonstration of such
	6272	+	vessel, as stated in a written agreement between the dealership and the
	6273	+	customer, with such required information as deemed necessary by the
	6274	+	secretary.
3252	6275		(f) Except as hereinafter provided, every dealer of vessels shall:
3253	6276		(1) On or before the 20
3254	6277		th
3255	6278		day of the month following the end of a
3256		-	calendar quarter, file a report for such quarter report, on a form
3257		-	~~prescribed~~ and furnished by the secretary, listing all sales or transfers,
3258		-	~~including the~~ name and address of the purchaser or transferee, date of
3259		-	~~sale, the serial or~~ identification number of the vessel, and such other
3260		-	~~information as the~~ secretary may require. The Kansas department of
3261		-	~~wildlife, and parks and~~ tourism shall make a copy of the report
3262		-	~~available to the department of~~ revenue.
	6279	+	calendar quarter, file a report for such quarter report, on a form prescribed
	6280	+	and furnished by the secretary, listing all sales or transfers, including the
	6281	+	name and address of the purchaser or transferee, date of sale, the serial or
	6282	+	identification number of the vessel, and such other information as the
	6283	+	secretary may require. The Kansas department of wildlife, and parks and
	6284	+	tourism shall make a copy of the report available to the department of
	6285	+	revenue.
3263	6286		(2) Whenever a dealer sells or otherwise disposes of such dealer's
3264	6287		business, or for any reason suspends or goes out of business as a dealer,
3265	6288		such dealer shall notify the secretary and return the dealer's license and
3266		-	dealer certificates of number and, upon receipt of such notice, license
3267		-	~~and~~ certificates of number, the secretary shall cancel the dealer's
3268		-	~~certificates of~~ number, except that such dealer, upon payment of 50% of ~~HOUSE BILL No. 2332—page 56~~
3269		-	~~the annual~~ dealer's license fee to the secretary, may have the license and
3270		-	~~dealer~~ certificates of number assigned to the purchaser of the business.
3271		-	(g) The secretary shall adopt, in accordance with K.S.A. 32-805,
3272		-	~~and~~ amendments thereto, rules and regulations for the administration of
3273		-	provisions of this section, including, but not limited to, dealer
3274		-	~~certificate of~~ number applications and renewals, temporary placement
3275		-	~~of numbers and~~ possession of dealer certificates of number.
	6289	+	dealer certificates of number and, upon receipt of such notice, license and
	6290	+	certificates of number, the secretary shall cancel the dealer's certificates of
	6291	+	number, except that such dealer, upon payment of 50% of the annual
	6292	+	dealer's license fee to the secretary, may have the license and dealer
	6293	+	certificates of number assigned to the purchaser of the business.
	6294	+	(g) The secretary shall adopt, in accordance with K.S.A. 32-805, and
	6295	+	amendments thereto, rules and regulations for the administration of
	6296	+	provisions of this section, including, but not limited to, dealer certificate of
	6297	+	number applications and renewals, temporary placement of numbers and
	6298	+	possession of dealer certificates of number.
3276	6299		Sec. 88. K.S.A. 32-1129 is hereby amended to read as follows: 32-
3277		-	1129. (a) (1) No operator of any vessel may operate such vessel while
3278		-	~~any~~ person 12 years of age or under is aboard or being towed by such
3279		-	~~vessel~~ unless such person is either:
3280		-	(A) Wearing a United States coast guard-approved personal
3281		-	~~flotation~~ device as prescribed in rules and regulations of the secretary
3282		-	~~of wildlife,~~ and parks and tourism; or
	6300	+	1129. (a) (1) No operator of any vessel may operate such vessel while any
	6301	+	person 12 years of age or under is aboard or being towed by such vessel
	6302	+	unless such person is either:
	6303	+	(A) Wearing a United States coast guard-approved personal flotation
	6304	+	device as prescribed in rules and regulations of the secretary of wildlife,
	6305	+	and parks and tourism; or
3283	6306		(B) is below decks or in an enclosed cabin.
3284		-	(2) A life belt or ring shall not satisfy the requirement of this
3285		-	section.
	6307	+	1
	6308	+	2
	6309	+	3
	6310	+	4
	6311	+	5
	6312	+	6
	6313	+	7
	6314	+	8
	6315	+	9
	6316	+	10
	6317	+	11
	6318	+	12
	6319	+	13
	6320	+	14
	6321	+	15
	6322	+	16
	6323	+	17
	6324	+	18
	6325	+	19
	6326	+	20
	6327	+	21
	6328	+	22
	6329	+	23
	6330	+	24
	6331	+	25
	6332	+	26
	6333	+	27
	6334	+	28
	6335	+	29
	6336	+	30
	6337	+	31
	6338	+	32
	6339	+	33
	6340	+	34
	6341	+	35
	6342	+	36
	6343	+	37
	6344	+	38
	6345	+	39
	6346	+	40
	6347	+	41
	6348	+	42
	6349	+	43 HB 2332 75
	6350	+	(2) A life belt or ring shall not satisfy the requirement of this section.
3286	6351		(b) Violation of subsection (a) shall constitute a class C nonperson
3287	6352		misdemeanor.
3288	6353		Sec. 89. K.S.A. 32-1174 is hereby amended to read as follows: 32-
3289	6354		1174. (a) All federal moneys received pursuant to federal assistance,
3290		-	federal-aid funds or federal-aid grant reimbursements related to boating
3291		-	or boating programs under the control, authorities and duties of the
3292		-	~~Kansas~~ department of wildlife, and parks and tourism shall be remitted
3293		-	~~to the state~~ treasurer in accordance with the provisions of K.S.A. 75-
3294		-	~~4215, and~~ amendments thereto. Upon receipt of the remittance, the state
3295		-	~~treasurer~~ shall deposit the entire amount in the state treasury and credit
3296		-	~~it to the~~ boating fund – federal safety financial assistance fund, which
3297		-	~~is hereby~~ created, to be dedicated and used for the purposes authorized
3298		-	~~in K.S.A. 32-~~1173, and amendments thereto. The boating fund – federal
3299		-	~~is hereby~~ redesignated as the boating safety financial assistance fund.
	6355	+	federal-aid funds or federal-aid grant reimbursements related to boating or
	6356	+	boating programs under the control, authorities and duties of the Kansas
	6357	+	department of wildlife, and parks and tourism shall be remitted to the state
	6358	+	treasurer in accordance with the provisions of K.S.A. 75-4215, and
	6359	+	amendments thereto. Upon receipt of the remittance, the state treasurer
	6360	+	shall deposit the entire amount in the state treasury and credit it to the
	6361	+	boating fund – federal safety financial assistance fund, which is hereby
	6362	+	created, to be dedicated and used for the purposes authorized in K.S.A. 32-
	6363	+	1173, and amendments thereto. The boating fund – federal is hereby
	6364	+	redesignated as the boating safety financial assistance fund.
3300	6365		(b) No moneys derived from sources described in subsection (a) or
3301		-	(c) shall be used for any purpose other than the administration of
3302		-	~~matters~~ which that are under the control, authorities and duties of the
3303		-	~~secretary of~~ wildlife, and parks and tourism and the Kansas department
3304		-	~~of wildlife,~~ and parks and tourism as provided by law.
	6366	+	(c) shall be used for any purpose other than the administration of matters
	6367	+	which that are under the control, authorities and duties of the secretary of
	6368	+	wildlife, and parks and tourism and the Kansas department of wildlife,
	6369	+	and parks and tourism as provided by law.
3305	6370		(c) On or before the 10
3306	6371		th
3307		-	of each month, the director of accounts
3308		-	~~and~~ reports shall transfer from the state general fund to the boating
3309		-	~~safety~~ financial assistance fund, interest earnings based on:
	6372	+	of each month, the director of accounts and
	6373	+	reports shall transfer from the state general fund to the boating safety
	6374	+	financial assistance fund, interest earnings based on:
3310	6375		(1) The average daily balance of moneys in the boating safety
3311	6376		financial assistance fund, for the preceding month; and
3312		-	(2) the net earnings rate of the pooled money investment portfolio
3313		-	~~for~~ the preceding month.
3314		-	(d) All expenditures from the boating safety financial assistance
3315		-	~~fund,~~ shall be made in accordance with the appropriation acts upon
3316		-	~~warrants of~~ the director of accounts and reports issued pursuant to
3317		-	~~vouchers approved~~ by the secretary of wildlife, and parks and tourism.
	6377	+	(2) the net earnings rate of the pooled money investment portfolio for
	6378	+	the preceding month.
	6379	+	(d) All expenditures from the boating safety financial assistance fund,
	6380	+	shall be made in accordance with the appropriation acts upon warrants of
	6381	+	the director of accounts and reports issued pursuant to vouchers approved
	6382	+	by the secretary of wildlife, and parks and tourism.
3318	6383		Sec. 90. K.S.A. 32-1203 is hereby amended to read as follows: 32-
3319	6384		1203. (a) In accordance with the provisions of this act, the secretary of
3320	6385		wildlife, and parks and tourism shall develop and administer a grant
3321	6386		program to award grants to Kansas local governments for capital
3322	6387		improvements for local government outdoor recreation facilities. The
3323		-	grants shall be awarded annually on a competitive basis in accordance
3324		-	with guidelines and criteria prescribed by rules and regulations adopted
3325		-	by the secretary of wildlife, and parks and tourism. Each grant shall be
3326		-	matched by the local government receiving the grant on the basis of $1
3327		-	provided by the local government for each $1 provided under the grant
3328		-	for the capital improvement.
3329		-	(b) The secretary of wildlife, and parks and tourism shall HOUSE BILL No. 2332—page 57
3330		-	designate annually a portion of all moneys appropriated for local
3331		-	government outdoor recreation grants for renovations and repairs to
3332		-	provide safety improvements and handicapped, accessibility for
3333		-	persons with physical or developmental disabilities and other
3334		-	improvements, including improvements to attain compliance with the
3335		-	requirements imposed under the federal Americans with disabilities act.
	6388	+	grants shall be awarded annually on a competitive basis in accordance with
	6389	+	guidelines and criteria prescribed by rules and regulations adopted by the
	6390	+	secretary of wildlife, and parks and tourism. Each grant shall be matched
	6391	+	by the local government receiving the grant on the basis of $1 provided by
	6392	+	the local government for each $1 provided under the grant for the capital
	6393	+	improvement.
	6394	+	(b) The secretary of wildlife, and parks and tourism shall designate
	6395	+	1
	6396	+	2
	6397	+	3
	6398	+	4
	6399	+	5
	6400	+	6
	6401	+	7
	6402	+	8
	6403	+	9
	6404	+	10
	6405	+	11
	6406	+	12
	6407	+	13
	6408	+	14
	6409	+	15
	6410	+	16
	6411	+	17
	6412	+	18
	6413	+	19
	6414	+	20
	6415	+	21
	6416	+	22
	6417	+	23
	6418	+	24
	6419	+	25
	6420	+	26
	6421	+	27
	6422	+	28
	6423	+	29
	6424	+	30
	6425	+	31
	6426	+	32
	6427	+	33
	6428	+	34
	6429	+	35
	6430	+	36
	6431	+	37
	6432	+	38
	6433	+	39
	6434	+	40
	6435	+	41
	6436	+	42
	6437	+	43 HB 2332 76
	6438	+	annually a portion of all moneys appropriated for local government
	6439	+	outdoor recreation grants for renovations and repairs to provide safety
	6440	+	improvements and handicapped, accessibility for persons with physical or
	6441	+	developmental disabilities and other improvements, including
	6442	+	improvements to attain compliance with the requirements imposed under
	6443	+	the federal Americans with disabilities act.
3336	6444		Sec. 91. K.S.A. 32-1306 is hereby amended to read as follows: 32-
3337		-	1306. (a) All dangerous regulated animals shall be confined within a
3338		-	~~cage~~ of sufficient strength and design for the purposes of maintaining
3339		-	~~and~~ housing or transporting the animal. The requirements for sufficient
3340		-	~~caging~~ shall be established by rules and regulations adopted by the
3341		-	~~secretary of~~ wildlife, and parks and tourism. Any cage or confinement
3342		-	~~structure shall~~ be constructed in such a manner that prohibits physical
3343		-	~~contact with any~~ person other than such persons listed in subsection (d).
	6445	+	1306. (a) All dangerous regulated animals shall be confined within a cage
	6446	+	of sufficient strength and design for the purposes of maintaining and
	6447	+	housing or transporting the animal. The requirements for sufficient caging
	6448	+	shall be established by rules and regulations adopted by the secretary of
	6449	+	wildlife, and parks and tourism. Any cage or confinement structure shall
	6450	+	be constructed in such a manner that prohibits physical contact with any
	6451	+	person other than such persons listed in subsection (d).
3344	6452		(b) No dangerous regulated animal shall be allowed to be tethered,
3345	6453		leashed or chained outdoors, or allowed to run at large.
3346		-	(c) A dangerous regulated animal shall not be mistreated,
3347		-	neglected, abandoned or deprived of necessary food, water and
3348		-	sustenance.
3349		-	(d) A dangerous regulated animal shall not be allowed to come
3350		-	into physical contact with any person other than the person possessing
3351		-	the animal, the registered designated handler or a veterinarian
3352		-	administering medical examination, treatment or care.
3353		-	(e) A dangerous regulated animal shall not be brought to any
3354		-	public property or commercial or retail establishment, except to bring
3355		-	the animal to a licensed veterinarian or veterinarian clinic.
	6454	+	(c) A dangerous regulated animal shall not be mistreated, neglected,
	6455	+	abandoned or deprived of necessary food, water and sustenance.
	6456	+	(d) A dangerous regulated animal shall not be allowed to come into
	6457	+	physical contact with any person other than the person possessing the
	6458	+	animal, the registered designated handler or a veterinarian administering
	6459	+	medical examination, treatment or care.
	6460	+	(e) A dangerous regulated animal shall not be brought to any public
	6461	+	property or commercial or retail establishment, except to bring the animal
	6462	+	to a licensed veterinarian or veterinarian clinic.
3356	6463		Sec. 92. K.S.A. 32-1308 is hereby amended to read as follows: 32-
3357	6464		1308. Exemptions to the provisions set forth in this act are as follows:
3358	6465		(a) Institutions accredited by the American zoo and aquarium
3359		-	association or the zoological association of America shall be exempt
3360		-	~~from~~ K.S.A. 32-1302 and 32-1303, and amendments thereto.
	6466	+	association or the zoological association of America shall be exempt from
	6467	+	K.S.A. 32-1302 and 32-1303, and amendments thereto.
3361	6468		(b) A wildlife sanctuary registered with the local animal control
3362		-	authority shall be exempt from K.S.A. 32-1302, and amendments
3363		-	thereto.
	6469	+	authority shall be exempt from K.S.A. 32-1302, and amendments thereto.
3364	6470		(c) The Kansas department of wildlife, and parks and tourism, or a
3365	6471		person issued a permit by the secretary pursuant to K.S.A. 32-952, and
3366	6472		amendments thereto, shall be exempt from this act.
3367		-	(d) A licensed or accredited research or medical institution shall
3368		-	be exempt from K.S.A. 32-1302 and 32-1303, and amendments thereto.
	6473	+	(d) A licensed or accredited research or medical institution shall be
	6474	+	exempt from K.S.A. 32-1302 and 32-1303, and amendments thereto.
3369	6475		(e) A United States department of agriculture licensed exhibitor of
3370	6476		dangerous regulated animals while transporting or as part of a circus,
3371	6477		carnival, rodeo or fair shall be exempt from this act.
3372	6478		Sec. 93. K.S.A. 32-1310 is hereby amended to read as follows: 32-
3373		-	1310. (a) Annually, on or before April 1, a local animal control
3374		-	authority shall report to the secretary of wildlife, and parks and tourism
3375		-	on dangerous regulated animals registered with the local animal control
3376		-	authority during the preceding calendar year. The report shall include
3377		-	all registration information submitted to the local animal control
3378		-	authority under subsection (b) of K.S.A. 32-1303(b), and amendments
3379		-	thereto, and information on enforcement actions taken under this act.
	6479	+	1310. (a) Annually, on or before April 1, a local animal control authority
	6480	+	shall report to the secretary of wildlife, and parks and tourism on
	6481	+	1
	6482	+	2
	6483	+	3
	6484	+	4
	6485	+	5
	6486	+	6
	6487	+	7
	6488	+	8
	6489	+	9
	6490	+	10
	6491	+	11
	6492	+	12
	6493	+	13
	6494	+	14
	6495	+	15
	6496	+	16
	6497	+	17
	6498	+	18
	6499	+	19
	6500	+	20
	6501	+	21
	6502	+	22
	6503	+	23
	6504	+	24
	6505	+	25
	6506	+	26
	6507	+	27
	6508	+	28
	6509	+	29
	6510	+	30
	6511	+	31
	6512	+	32
	6513	+	33
	6514	+	34
	6515	+	35
	6516	+	36
	6517	+	37
	6518	+	38
	6519	+	39
	6520	+	40
	6521	+	41
	6522	+	42
	6523	+	43 HB 2332 77
	6524	+	dangerous regulated animals registered with the local animal control
	6525	+	authority during the preceding calendar year. The report shall include all
	6526	+	registration information submitted to the local animal control authority
	6527	+	under subsection (b) of K.S.A. 32-1303(b), and amendments thereto, and
	6528	+	information on enforcement actions taken under this act.
3380	6529		(b) It shall be a violation of this act for a person who does not own
3381	6530		the dangerous regulated animal, to care for, have custody or control of
3382	6531		such animal unless such person is a registered designated handler. Any
3383	6532		such person applying for a designated handler registration shall file an
3384	6533		application on a form prescribed by the local animal control authority.
3385		-	Application for such registration shall be accompanied by an
3386		-	~~application~~ fee not exceeding $25. If the local animal control authority
3387		-	~~finds the~~ applicant to be qualified to be a registered designated handler
3388		-	~~after~~ meeting the training, experience and ability requirements ~~HOUSE BILL No. 2332—page 58~~
3389		-	~~determined by~~ the secretary of wildlife, and parks and tourism, the
3390		-	~~local animal control~~ authority shall issue a designated handler
3391		-	~~registration which that shall~~ expire at the end of the calendar year.
	6534	+	Application for such registration shall be accompanied by an application
	6535	+	fee not exceeding $25. If the local animal control authority finds the
	6536	+	applicant to be qualified to be a registered designated handler after
	6537	+	meeting the training, experience and ability requirements determined by
	6538	+	the secretary of wildlife, and parks and tourism, the local animal control
	6539	+	authority shall issue a designated handler registration which that shall
	6540	+	expire at the end of the calendar year.
3392	6541		(c) The secretary of wildlife, and parks and tourism shall provide
3393	6542		educational training programs for the local animal control authority
3394	6543		concerning the provisions of this act and the handling of dangerous
3395	6544		regulated animals.
3396		-	(d) The secretary of wildlife, and parks and tourism shall adopt
3397		-	~~rules~~ and regulations:
	6545	+	(d) The secretary of wildlife, and parks and tourism shall adopt rules
	6546	+	and regulations:
3398	6547		(1) Establishing training, experience and ability requirements for
3399	6548		registered designated handlers; and
3400	6549		(2) to implement the provisions of this act.
3401	6550		Sec. 94. K.S.A. 32-1401 is hereby amended to read as follows: 32-
3402	6551		1401. The secretary of wildlife, parks and tourism commerce is hereby
3403		-	authorized to negotiate and enter into contracts for promotional
3404		-	~~advertising~~ services for the performance of the powers, duties and
3405		-	~~functions of the~~ Kansas department of wildlife, parks and tourism
3406		-	~~commerce. All such~~ contracts shall be exempt from the competitive
3407		-	~~bidding requirements of~~ K.S.A. 75-3739, and amendments thereto.
	6552	+	authorized to negotiate and enter into contracts for promotional advertising
	6553	+	services for the performance of the powers, duties and functions of the
	6554	+	Kansas department of wildlife, parks and tourism commerce. All such
	6555	+	contracts shall be exempt from the competitive bidding requirements of
	6556	+	K.S.A. 75-3739, and amendments thereto.
3408	6557		Sec. 95. K.S.A. 32-1402 is hereby amended to read as follows: 32-
3409	6558		1402. There is hereby established within and as a part of the Kansas
3410		-	department of wildlife, parks and tourism commerce a division of
3411		-	tourism, the head of which shall be the director of tourism. The purpose
3412		-	of the division of tourism shall be to increase the number of visitors to
3413		-	Kansas by promoting the state as a travel and learning opportunity to
3414		-	both Kansans and non-Kansans alike. Under the supervision of the
3415		-	secretary of wildlife, parks and tourism commerce, the director of
3416		-	tourism shall administer the division of tourism. The secretary of
3417		-	wildlife, parks and tourism commerce shall appoint the director of
3418		-	tourism and the director shall serve at the pleasure of the secretary. The
3419		-	director of tourism shall be in the unclassified service under the Kansas
3420		-	civil service act and shall receive an annual salary fixed by the
3421		-	secretary of wildlife, parks and tourism commerce and approved by the
3422		-	governor.
	6559	+	department of wildlife, parks and tourism commerce a division of tourism,
	6560	+	the head of which shall be the director of tourism. The purpose of the
	6561	+	division of tourism shall be to increase the number of visitors to Kansas by
	6562	+	promoting the state as a travel and learning opportunity to both Kansans
	6563	+	and non-Kansans alike. Under the supervision of the secretary of wildlife,
	6564	+	parks and tourism commerce, the director of tourism shall administer the
	6565	+	division of tourism. The secretary of wildlife, parks and tourism commerce
	6566	+	shall appoint the director of tourism and the director shall serve at the
	6567	+	1
	6568	+	2
	6569	+	3
	6570	+	4
	6571	+	5
	6572	+	6
	6573	+	7
	6574	+	8
	6575	+	9
	6576	+	10
	6577	+	11
	6578	+	12
	6579	+	13
	6580	+	14
	6581	+	15
	6582	+	16
	6583	+	17
	6584	+	18
	6585	+	19
	6586	+	20
	6587	+	21
	6588	+	22
	6589	+	23
	6590	+	24
	6591	+	25
	6592	+	26
	6593	+	27
	6594	+	28
	6595	+	29
	6596	+	30
	6597	+	31
	6598	+	32
	6599	+	33
	6600	+	34
	6601	+	35
	6602	+	36
	6603	+	37
	6604	+	38
	6605	+	39
	6606	+	40
	6607	+	41
	6608	+	42
	6609	+	43 HB 2332 78
	6610	+	pleasure of the secretary. The director of tourism shall be in the
	6611	+	unclassified service under the Kansas civil service act and shall receive an
	6612	+	annual salary fixed by the secretary of wildlife, parks and tourism
	6613	+	commerce and approved by the governor.
3423	6614		Sec. 96. K.S.A. 32-1403 is hereby amended to read as follows: 32-
3424		-	1403. The division of tourism of the Kansas department of wildlife,
3425		-	parks and tourism commerce is hereby authorized and empowered to:
3426		-	(a) Encourage and promote the traveling public to visit this state
3427		-	by publicizing information as to the recreational, historic and natural
3428		-	advantages of the state and its facilities for transient travel and to
3429		-	contract with organizations for the purpose of promoting tourism within
3430		-	the state;
3431		-	(b) request other state agencies such as, but not limited to, the
3432		-	Kansas water office the department of commerce wildlife and parks
3433		-	and the department of transportation, for assistance and all such
3434		-	agencies shall coordinate information and their respective efforts with
3435		-	the department to most efficiently and economically carry out the
3436		-	purpose and intent of this subsection; and
3437		-	(c) solicit and receive moneys from any public or private source
3438		-	and administer a program of matching grants to provide assistance to
3439		-	those entities described in K.S.A. 32-1420, and amendments thereto, in
3440		-	the promotion of tourism and the development of quality tourist
3441		-	attractions in this state.
	6615	+	1403. The division of tourism of the Kansas department of wildlife, parks
	6616	+	and tourism commerce is hereby authorized and empowered to:
	6617	+	(a) Encourage and promote the traveling public to visit this state by
	6618	+	publicizing information as to the recreational, historic and natural
	6619	+	advantages of the state and its facilities for transient travel and to contract
	6620	+	with organizations for the purpose of promoting tourism within the state;
	6621	+	(b) request other state agencies such as, but not limited to, the Kansas
	6622	+	water office the department of commerce wildlife and parks and the
	6623	+	department of transportation, for assistance and all such agencies shall
	6624	+	coordinate information and their respective efforts with the department to
	6625	+	most efficiently and economically carry out the purpose and intent of this
	6626	+	subsection; and
	6627	+	(c) solicit and receive moneys from any public or private source and
	6628	+	administer a program of matching grants to provide assistance to those
	6629	+	entities described in K.S.A. 32-1420, and amendments thereto, in the
	6630	+	promotion of tourism and the development of quality tourist attractions in
	6631	+	this state.
3442	6632		Sec. 97. K.S.A. 32-1410 is hereby amended to read as follows: 32-
3443		-	1410. (a) (1) There is hereby established the council on travel and
3444		-	tourism. The council shall consist of 17 voting members as follows:
3445		-	(1)(A) The chairperson of the standing committee on commerce of
3446		-	the senate, or a member of the senate appointed by the president of the
3447		-	senate; HOUSE BILL No. 2332—page 59
	6633	+	1410. (a) (1) There is hereby established the council on travel and tourism.
	6634	+	The council shall consist of 17 voting members as follows:
	6635	+	(1)(A) The chairperson of the standing committee on commerce of the
	6636	+	senate, or a member of the senate appointed by the president of the senate;
3448	6637		(2)(B) the vice-chairperson vice chairperson of the standing
3449	6638		committee on commerce of the senate, or a member of the senate
3450	6639		appointed by the president of the senate;
3451	6640		(3)(C) the ranking minority member of the standing committee on
3452	6641		commerce of the senate, or a member of the senate appointed by the
3453	6642		minority leader of the senate;
3454	6643		(4)(D) the chairperson of the standing committee on tourism and
3455		-	parks agriculture and natural resources of the house of representatives,
3456		-	or its successor committee, or a member of the house of representatives
	6644	+	parks agriculture and natural resources of the house of representatives, or
	6645	+	its successor committee, or a member of the house of representatives
3457	6646		appointed by the speaker of the house of representatives;
3458	6647		(5)(E) the vice-chairperson vice chairperson of the standing
3459		-	committee on tourism and parks agriculture and natural resources of
3460		-	~~the~~ house of representatives, or its successor committee, or a member
3461		-	~~of the~~ house of representatives appointed by the speaker of the house of
	6648	+	committee on tourism and parks agriculture and natural resources of the
	6649	+	house of representatives, or its successor committee, or a member of the
	6650	+	house of representatives appointed by the speaker of the house of
3462	6651		representatives;
3463	6652		(6)(F) the ranking minority member of the standing committee on
	6653	+	1
	6654	+	2
	6655	+	3
	6656	+	4
	6657	+	5
	6658	+	6
	6659	+	7
	6660	+	8
	6661	+	9
	6662	+	10
	6663	+	11
	6664	+	12
	6665	+	13
	6666	+	14
	6667	+	15
	6668	+	16
	6669	+	17
	6670	+	18
	6671	+	19
	6672	+	20
	6673	+	21
	6674	+	22
	6675	+	23
	6676	+	24
	6677	+	25
	6678	+	26
	6679	+	27
	6680	+	28
	6681	+	29
	6682	+	30
	6683	+	31
	6684	+	32
	6685	+	33
	6686	+	34
	6687	+	35
	6688	+	36
	6689	+	37
	6690	+	38
	6691	+	39
	6692	+	40
	6693	+	41
	6694	+	42
	6695	+	43 HB 2332 79
3464	6696		tourism and parks agriculture and natural resources of the house of
3465		-	representatives, or its successor committee, or a member of the house
3466		-	of representatives appointed by the minority leader of the house of
	6697	+	representatives, or its successor committee, or a member of the house of
	6698	+	representatives appointed by the minority leader of the house of
3467	6699		representatives; and
3468	6700		(7)(G) eleven members appointed by the governor. Of the 11
3469		-	members appointed by the governor, one shall be appointed from a list
3470		-	of three nominations made by the travel industry association of Kansas,
3471		-	one shall be an individual engaged in the lodging industry and
3472		-	appointed from a list of three nominations made by the Kansas
3473		-	restaurant and hospitality association, one shall be an individual
3474		-	engaged in the restaurant industry and appointed from a list of three
3475		-	nominations made by the Kansas restaurant and hospitality association,
3476		-	one shall be appointed from a list of three nominations made by the
3477		-	petroleum marketers and convenience store association of Kansas, one
3478		-	shall be appointed from a list of three nominations by the Kansas sport
3479		-	hunting association and six shall be appointed to represent the general
3480		-	public.
3481		-	(2) In addition to the voting members of the council, four
3482		-	members of the council shall serve ex officio: The secretary of
3483		-	commerce, the secretary of transportation, the secretary of wildlife, and
3484		-	parks and tourism and the executive director of the state historical
3485		-	society. Each ex officio member of the council may designate an officer
3486		-	or employee of the state agency of the ex officio member to serve on
3487		-	the council in place of the ex officio member. The ex officio members
3488		-	of the council, or their designees, shall be nonvoting members of the
3489		-	council and shall provide information and advice to the council.
3490		-	(b) Legislator members shall be appointed for terms coinciding
3491		-	with the terms for which such members are elected. Of the 11 members
3492		-	first appointed by the governor, six shall be appointed for terms of three
3493		-	years and five shall be appointed for terms of two years as determined
3494		-	by the governor. Thereafter, all members appointed by the governor
3495		-	shall be appointed for terms of three years. All members appointed to
3496		-	fill vacancies in the membership of the council and all members
3497		-	appointed to succeed members appointed to membership on the council
3498		-	shall be appointed in like manner as that provided for the original
3499		-	appointment of the member succeeded.
	6701	+	members appointed by the governor, one shall be appointed from a list of
	6702	+	three nominations made by the travel industry association of Kansas, one
	6703	+	shall be an individual engaged in the lodging industry and appointed from
	6704	+	a list of three nominations made by the Kansas restaurant and hospitality
	6705	+	association, one shall be an individual engaged in the restaurant industry
	6706	+	and appointed from a list of three nominations made by the Kansas
	6707	+	restaurant and hospitality association, one shall be appointed from a list of
	6708	+	three nominations made by the petroleum marketers and convenience store
	6709	+	association of Kansas, one shall be appointed from a list of three
	6710	+	nominations by the Kansas sport hunting association and six shall be
	6711	+	appointed to represent the general public.
	6712	+	(2) In addition to the voting members of the council, four members of
	6713	+	the council shall serve ex officio: The secretary of commerce, the secretary
	6714	+	of transportation, the secretary of wildlife, and parks and tourism and the
	6715	+	executive director of the state historical society. Each ex officio member of
	6716	+	the council may designate an officer or employee of the state agency of the
	6717	+	ex officio member to serve on the council in place of the ex officio
	6718	+	member. The ex officio members of the council, or their designees, shall
	6719	+	be nonvoting members of the council and shall provide information and
	6720	+	advice to the council.
	6721	+	(b) Legislator members shall be appointed for terms coinciding with
	6722	+	the terms for which such members are elected. Of the 11 members first
	6723	+	appointed by the governor, six shall be appointed for terms of three years
	6724	+	and five shall be appointed for terms of two years as determined by the
	6725	+	governor. Thereafter, all members appointed by the governor shall be
	6726	+	appointed for terms of three years. All members appointed to fill vacancies
	6727	+	in the membership of the council and all members appointed to succeed
	6728	+	members appointed to membership on the council shall be appointed in
	6729	+	like manner as that provided for the original appointment of the member
	6730	+	succeeded.
3500	6731		(c) On July 1 of each year the council shall elect a chairperson and
3501		-	vice-chairperson from among its members. The council shall meet at
3502		-	~~least~~ four times each year at the call of the chairperson of the council.
3503		-	~~Nine~~ voting members of the council shall constitute a quorum.
	6732	+	vice-chairperson from among its members. The council shall meet at least
	6733	+	four times each year at the call of the chairperson of the council. Nine
	6734	+	voting members of the council shall constitute a quorum.
3504	6735		(d) Members of the council attending meetings of such council, or
3505	6736		attending a subcommittee meeting thereof authorized by such council,
3506		-	shall be paid amounts for mileage as provided in subsection (c) of HOUSE BILL No. 2332—page 60
3507		-	K.S.A. 75-3223(c), and amendments thereto, or a lesser amount as
3508		-	determined by the Kansas department of wildlife, parks and tourism
3509		-	secretary of commerce. Amounts paid under this subsection to ex
3510		-	officio members of the council, or their designees, shall be from
3511		-	appropriations to the state agencies of which such members are officers
3512		-	or employees upon warrants of the director of accounts and reports
3513		-	issued pursuant to vouchers approved by the chief administrative
3514		-	officers of such agencies. Amounts paid under this subsection to voting
3515		-	members of the council shall be from moneys available for the payment
3516		-	of such amounts upon warrants of the director of accounts and reports
3517		-	issued pursuant to vouchers approved by the chairperson of the council.
	6737	+	shall be paid amounts for mileage as provided in subsection (c) of K.S.A.
	6738	+	75-3223(c), and amendments thereto, or a lesser amount as determined by
	6739	+	1
	6740	+	2
	6741	+	3
	6742	+	4
	6743	+	5
	6744	+	6
	6745	+	7
	6746	+	8
	6747	+	9
	6748	+	10
	6749	+	11
	6750	+	12
	6751	+	13
	6752	+	14
	6753	+	15
	6754	+	16
	6755	+	17
	6756	+	18
	6757	+	19
	6758	+	20
	6759	+	21
	6760	+	22
	6761	+	23
	6762	+	24
	6763	+	25
	6764	+	26
	6765	+	27
	6766	+	28
	6767	+	29
	6768	+	30
	6769	+	31
	6770	+	32
	6771	+	33
	6772	+	34
	6773	+	35
	6774	+	36
	6775	+	37
	6776	+	38
	6777	+	39
	6778	+	40
	6779	+	41
	6780	+	42
	6781	+	43 HB 2332 80
	6782	+	the Kansas department of wildlife, parks and tourism secretary of
	6783	+	commerce. Amounts paid under this subsection to ex officio members of
	6784	+	the council, or their designees, shall be from appropriations to the state
	6785	+	agencies of which such members are officers or employees upon warrants
	6786	+	of the director of accounts and reports issued pursuant to vouchers
	6787	+	approved by the chief administrative officers of such agencies. Amounts
	6788	+	paid under this subsection to voting members of the council shall be from
	6789	+	moneys available for the payment of such amounts upon warrants of the
	6790	+	director of accounts and reports issued pursuant to vouchers approved by
	6791	+	the chairperson of the council.
3518	6792		Sec. 98. K.S.A. 32-1411 is hereby amended to read as follows: 32-
3519	6793		1411. The council on travel and tourism shall:
3520	6794		(a) Advise the Kansas department of wildlife, parks and tourism
3521	6795		commerce in the development and implementation of the state's tourism
3522		-	marketing and business development program including, but not
3523		-	~~limited~~ to, long-range strategies for attracting visitors to the state;
	6796	+	marketing and business development program including, but not limited
	6797	+	to, long-range strategies for attracting visitors to the state;
3524	6798		(b) report to the Kansas department of wildlife, parks and tourism
3525		-	commerce information for preparation of the annual budget for the
3526		-	~~division~~ of travel and tourism development;
	6799	+	commerce information for preparation of the annual budget for the division
	6800	+	of travel and tourism development;
3527	6801		(c) identify and review tourism related issues and current state
3528		-	policies and programs which directly or indirectly affect travel and
3529		-	~~tourism~~ in the state and, as appropriate, recommend the adoption of
3530		-	~~new, or the~~ modification of existing, policies and programs; and
3531		-	(d) perform such other acts as may be necessary in carrying out
3532		-	~~the~~ duties of the council.
	6802	+	policies and programs which directly or indirectly affect travel and tourism
	6803	+	in the state and, as appropriate, recommend the adoption of new, or the
	6804	+	modification of existing, policies and programs; and
	6805	+	(d) perform such other acts as may be necessary in carrying out the
	6806	+	duties of the council.
3533	6807		Sec. 99. K.S.A. 32-1412 is hereby amended to read as follows: 32-
3534		-	1412. (a) There is hereby established in the state treasury the state
3535		-	~~tourism~~ fund. All moneys credited to the state tourism fund shall only
3536		-	~~be used for~~ expenditures for the purposes of developing new tourism
3537		-	~~attractions in~~ Kansas and to significantly expand existing tourism
3538		-	~~attractions in Kansas.~~ Both public and private entities shall be eligible
3539		-	~~to apply for funds under~~ the provisions of this act.
	6808	+	1412. (a) There is hereby established in the state treasury the state tourism
	6809	+	fund. All moneys credited to the state tourism fund shall only be used for
	6810	+	expenditures for the purposes of developing new tourism attractions in
	6811	+	Kansas and to significantly expand existing tourism attractions in Kansas.
	6812	+	Both public and private entities shall be eligible to apply for funds under
	6813	+	the provisions of this act.
3540	6814		(b) The secretary of wildlife, parks and tourism commerce shall
3541	6815		administer the provisions of this act. The secretary may adopt rules and
3542		-	regulations establishing criteria for obtaining grants and other
3543		-	~~expenditures~~ from such fund and other matters deemed necessary for
3544		-	~~the administration~~ of this act.
3545		-	(c) All expenditures from such fund shall be made in accordance
3546		-	~~with~~ appropriation acts upon warrants of the director of accounts and
3547		-	~~reports~~ issued pursuant to vouchers approved by the secretary of
3548		-	~~wildlife, parks~~ and tourism commerce or the secretary's designee.
	6816	+	regulations establishing criteria for obtaining grants and other expenditures
	6817	+	from such fund and other matters deemed necessary for the administration
	6818	+	of this act.
	6819	+	(c) All expenditures from such fund shall be made in accordance with
	6820	+	appropriation acts upon warrants of the director of accounts and reports
	6821	+	issued pursuant to vouchers approved by the secretary of wildlife, parks
	6822	+	and tourism commerce or the secretary's designee.
3549	6823		(d) The secretary of wildlife, parks and tourism commerce shall
3550	6824		prepare and submit budget estimates for all proposed expenditures from
3551		-	the state tourism fund in accordance with the provisions of K.S.A. 75-
3552		-	3717 and 75-3717b, and amendments thereto. Such budget estimates
3553		-	shall include detailed information regarding all proposed expenditures
3554		-	for programs, projects, activities and other matters and shall set forth
3555		-	separately each program, project, activity or other expenditure for
3556		-	which the proposed expenditures from the state tourism fund for a
3557		-	fiscal year are for an amount that is equal to $50,000 or more.
3558		-	Appropriations for the Kansas department of wildlife, parks and
3559		-	tourism commerce of moneys in the state tourism fund for each
3560		-	program, project, activity or other expenditure for a fiscal year for an
3561		-	amount that is equal to $50,000 or more shall be made as a separate
3562		-	item of appropriation.
	6825	+	1
	6826	+	2
	6827	+	3
	6828	+	4
	6829	+	5
	6830	+	6
	6831	+	7
	6832	+	8
	6833	+	9
	6834	+	10
	6835	+	11
	6836	+	12
	6837	+	13
	6838	+	14
	6839	+	15
	6840	+	16
	6841	+	17
	6842	+	18
	6843	+	19
	6844	+	20
	6845	+	21
	6846	+	22
	6847	+	23
	6848	+	24
	6849	+	25
	6850	+	26
	6851	+	27
	6852	+	28
	6853	+	29
	6854	+	30
	6855	+	31
	6856	+	32
	6857	+	33
	6858	+	34
	6859	+	35
	6860	+	36
	6861	+	37
	6862	+	38
	6863	+	39
	6864	+	40
	6865	+	41
	6866	+	42
	6867	+	43 HB 2332 81
	6868	+	the state tourism fund in accordance with the provisions of K.S.A. 75-3717
	6869	+	and 75-3717b, and amendments thereto. Such budget estimates shall
	6870	+	include detailed information regarding all proposed expenditures for
	6871	+	programs, projects, activities and other matters and shall set forth
	6872	+	separately each program, project, activity or other expenditure for which
	6873	+	the proposed expenditures from the state tourism fund for a fiscal year are
	6874	+	for an amount that is equal to $50,000 or more. Appropriations for the
	6875	+	Kansas department of wildlife, parks and tourism commerce of moneys in
	6876	+	the state tourism fund for each program, project, activity or other
	6877	+	expenditure for a fiscal year for an amount that is equal to $50,000 or more
	6878	+	shall be made as a separate item of appropriation.
3563	6879		(e) The legislature shall approve or disapprove of any itemized
3564	6880		expenditure from the state tourism fund.
3565	6881		(f) On or before the 10
3566	6882		th
3567		-	of each month, the director of accounts HOUSE BILL No. 2332—page 61
3568		-	and reports shall transfer from the state general fund to the state
3569		-	tourism fund established in subsection (a) interest earnings based on:
3570		-	(1) The average daily balance of moneys in the state tourism fund
3571		-	for the preceding month; and
3572		-	(2) the net earnings rate of the pooled money investment portfolio
3573		-	for the preceding month.
3574		-	Sec. 100. K.S.A. 32-1413 is hereby amended to read as follows:
3575		-	32-1413. (a) The council on travel and tourism, established under
3576		-	K.S.A. 32-1410, and amendments thereto, shall oversee all matters
3577		-	concerning the state tourism fund and expenditures therefrom.
3578		-	(b) The council, by a majority vote, shall determine for inclusion
3579		-	in the Kansas department of wildlife, parks and tourism commerce
3580		-	budget expenditures from the state tourism fund.
3581		-	Sec. 101. K.S.A. 32-1420 is hereby amended to read as follows:
3582		-	32-1420. (a) There is hereby established a state matching grant program
3583		-	to provide assistance in the promotion of tourism and development of
3584		-	quality tourist attractions within the state of Kansas. Grants awarded
3585		-	under this program shall be limited to not more than 40% of the cost of
3586		-	any proposed project. Applicants shall not utilize any state moneys to
3587		-	meet the matching requirements under the provisions of this program.
3588		-	Both public and private entities shall be eligible to apply for a grant
3589		-	under the provisions of this act. Not less than 75% of all moneys
3590		-	granted under this program shall be allocated to public entities or
3591		-	entities exempt from taxation under the provisions of 501(c)(3) of the
3592		-	federal internal revenue code of 1986, and amendments thereto. No
3593		-	more than 20% of moneys granted to public or nonprofit entities shall
3594		-	be granted to any single such entity. Furthermore, no more than 20% of
3595		-	moneys granted to private entities shall be granted to any single such
3596		-	entity. The secretary of wildlife, parks and tourism commerce shall
3597		-	administer the provisions of this act and the secretary may adopt rules
3598		-	and regulations establishing criteria for qualification for a matching
3599		-	grant and such other matters deemed necessary by the secretary for the
3600		-	administration of this act.
	6883	+	of each month, the director of accounts and
	6884	+	reports shall transfer from the state general fund to the state tourism fund
	6885	+	established in subsection (a) interest earnings based on:
	6886	+	(1) The average daily balance of moneys in the state tourism fund for
	6887	+	the preceding month; and
	6888	+	(2) the net earnings rate of the pooled money investment portfolio for
	6889	+	the preceding month.
	6890	+	Sec. 100. K.S.A. 32-1413 is hereby amended to read as follows: 32-
	6891	+	1413. (a) The council on travel and tourism, established under K.S.A. 32-
	6892	+	1410, and amendments thereto, shall oversee all matters concerning the
	6893	+	state tourism fund and expenditures therefrom.
	6894	+	(b) The council, by a majority vote, shall determine for inclusion in
	6895	+	the Kansas department of wildlife, parks and tourism commerce budget
	6896	+	expenditures from the state tourism fund.
	6897	+	Sec. 101. K.S.A. 32-1420 is hereby amended to read as follows: 32-
	6898	+	1420. (a) There is hereby established a state matching grant program to
	6899	+	provide assistance in the promotion of tourism and development of quality
	6900	+	tourist attractions within the state of Kansas. Grants awarded under this
	6901	+	program shall be limited to not more than 40% of the cost of any proposed
	6902	+	project. Applicants shall not utilize any state moneys to meet the matching
	6903	+	requirements under the provisions of this program. Both public and private
	6904	+	entities shall be eligible to apply for a grant under the provisions of this
	6905	+	act. Not less than 75% of all moneys granted under this program shall be
	6906	+	allocated to public entities or entities exempt from taxation under the
	6907	+	provisions of 501(c)(3) of the federal internal revenue code of 1986, and
	6908	+	amendments thereto. No more than 20% of moneys granted to public or
	6909	+	nonprofit entities shall be granted to any single such entity. Furthermore,
	6910	+	no more than 20% of moneys granted to private entities shall be granted to
	6911	+	any single such entity. The secretary of wildlife, parks and tourism
	6912	+	commerce shall administer the provisions of this act and the secretary may
	6913	+	1
	6914	+	2
	6915	+	3
	6916	+	4
	6917	+	5
	6918	+	6
	6919	+	7
	6920	+	8
	6921	+	9
	6922	+	10
	6923	+	11
	6924	+	12
	6925	+	13
	6926	+	14
	6927	+	15
	6928	+	16
	6929	+	17
	6930	+	18
	6931	+	19
	6932	+	20
	6933	+	21
	6934	+	22
	6935	+	23
	6936	+	24
	6937	+	25
	6938	+	26
	6939	+	27
	6940	+	28
	6941	+	29
	6942	+	30
	6943	+	31
	6944	+	32
	6945	+	33
	6946	+	34
	6947	+	35
	6948	+	36
	6949	+	37
	6950	+	38
	6951	+	39
	6952	+	40
	6953	+	41
	6954	+	42
	6955	+	43 HB 2332 82
	6956	+	adopt rules and regulations establishing criteria for qualification for a
	6957	+	matching grant and such other matters deemed necessary by the secretary
	6958	+	for the administration of this act.
3601	6959		(b) For the purpose of K.S.A. 32-1420 through 32-1422, and
3602		-	amendments thereto, "tourist attraction" means a site that is of
3603		-	significant interest to tourists as a historic, cultural, scientific,
3604		-	educational, recreational or architecturally unique site, or as a site of
3605		-	natural scenic beauty or an area naturally suited for outdoor recreation,
3606		-	however, under no circumstances shall "tourist attraction" mean a race
3607		-	track facility, as defined in K.S.A. 74-8802, and amendments thereto,
3608		-	or any casino or other establishment which that operates class three
3609		-	games, as defined in the 1991 version of 25 U.S.C. § 2703, as in effect
3610		-	on July 1, 1991.
3611		-	Sec. 102. K.S.A. 32-1421 is hereby amended to read as follows:
3612		-	32-1421. (a) There is hereby established the Kansas tourist attraction
3613		-	evaluation committee within the Kansas department of wildlife, parks
3614		-	and tourism commerce. The committee shall consist of three members,
3615		-	all of whom shall have appropriate experience and expertise in the area
3616		-	of travel and tourism. The members of the committee shall be
3617		-	appointed by the secretary of wildlife, parks and tourism commerce and
3618		-	shall serve at the secretary's pleasure.
3619		-	(b) The committee shall screen, evaluate and approve or
3620		-	disapprove all applications for matching grants by those entities
3621		-	described in K.S.A. 32-1420, and amendments thereto, for the
3622		-	promotion of tourism and the development of tourist attractions in the
3623		-	state. The committee shall also provide technical advice upon request to
3624		-	any local tourist attraction upon ways to improve its operations.
3625		-	(c) The director of tourism shall serve as a nonvoting chairperson
3626		-	of the committee and the committee shall annually elect a vice- HOUSE BILL No. 2332—page 62
3627		-	chairperson from among its members. The committee shall meet upon
3628		-	call of the chairperson or upon call of any two of its members. Two
3629		-	voting members shall constitute a quorum for the transaction of
3630		-	business.
3631		-	(d) All members of the committee shall serve without
3632		-	compensation or any other allowances authorized under the provisions
3633		-	of article 32 of chapter 75 of the Kansas Statutes Annotated, and
3634		-	amendments thereto.
3635		-	Sec. 103. K.S.A. 32-1422 is hereby amended to read as follows:
3636		-	32-1422. (a) There is hereby established the Kansas tourist attraction
3637		-	matching grant development fund in the state treasury. The Kansas
3638		-	tourist attraction matching grant development fund shall be
3639		-	administered by the secretary of wildlife, parks and tourism commerce.
3640		-	All moneys in the Kansas tourist attraction matching grant
3641		-	development fund shall be used to provide matching grants to provide
3642		-	assistance in the promotion of tourism and the development of quality
3643		-	tourist attractions within this state in accordance with this act.
	6960	+	amendments thereto, "tourist attraction" means a site that is of significant
	6961	+	interest to tourists as a historic, cultural, scientific, educational,
	6962	+	recreational or architecturally unique site, or as a site of natural scenic
	6963	+	beauty or an area naturally suited for outdoor recreation, however, under
	6964	+	no circumstances shall "tourist attraction" mean a race track facility, as
	6965	+	defined in K.S.A. 74-8802, and amendments thereto, or any casino or
	6966	+	other establishment which that operates class three games, as defined in
	6967	+	the 1991 version of 25 U.S.C. § 2703, as in effect on July 1, 1991.
	6968	+	Sec. 102. K.S.A. 32-1421 is hereby amended to read as follows: 32-
	6969	+	1421. (a) There is hereby established the Kansas tourist attraction
	6970	+	evaluation committee within the Kansas department of wildlife, parks and
	6971	+	tourism commerce. The committee shall consist of three members, all of
	6972	+	whom shall have appropriate experience and expertise in the area of travel
	6973	+	and tourism. The members of the committee shall be appointed by the
	6974	+	secretary of wildlife, parks and tourism commerce and shall serve at the
	6975	+	secretary's pleasure.
	6976	+	(b) The committee shall screen, evaluate and approve or disapprove
	6977	+	all applications for matching grants by those entities described in K.S.A.
	6978	+	32-1420, and amendments thereto, for the promotion of tourism and the
	6979	+	development of tourist attractions in the state. The committee shall also
	6980	+	provide technical advice upon request to any local tourist attraction upon
	6981	+	ways to improve its operations.
	6982	+	(c) The director of tourism shall serve as a nonvoting chairperson of
	6983	+	the committee and the committee shall annually elect a vice-chairperson
	6984	+	from among its members. The committee shall meet upon call of the
	6985	+	chairperson or upon call of any two of its members. Two voting members
	6986	+	shall constitute a quorum for the transaction of business.
	6987	+	(d) All members of the committee shall serve without compensation
	6988	+	or any other allowances authorized under the provisions of article 32 of
	6989	+	chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
	6990	+	Sec. 103. K.S.A. 32-1422 is hereby amended to read as follows: 32-
	6991	+	1422. (a) There is hereby established the Kansas tourist attraction
	6992	+	matching grant development fund in the state treasury. The Kansas tourist
	6993	+	attraction matching grant development fund shall be administered by the
	6994	+	secretary of wildlife, parks and tourism commerce. All moneys in the
	6995	+	Kansas tourist attraction matching grant development fund shall be used to
	6996	+	provide matching grants to provide assistance in the promotion of tourism
	6997	+	and the development of quality tourist attractions within this state in
	6998	+	accordance with this act.
	6999	+	1
	7000	+	2
	7001	+	3
	7002	+	4
	7003	+	5
	7004	+	6
	7005	+	7
	7006	+	8
	7007	+	9
	7008	+	10
	7009	+	11
	7010	+	12
	7011	+	13
	7012	+	14
	7013	+	15
	7014	+	16
	7015	+	17
	7016	+	18
	7017	+	19
	7018	+	20
	7019	+	21
	7020	+	22
	7021	+	23
	7022	+	24
	7023	+	25
	7024	+	26
	7025	+	27
	7026	+	28
	7027	+	29
	7028	+	30
	7029	+	31
	7030	+	32
	7031	+	33
	7032	+	34
	7033	+	35
	7034	+	36
	7035	+	37
	7036	+	38
	7037	+	39
	7038	+	40
	7039	+	41
	7040	+	42
	7041	+	43 HB 2332 83
3644	7042		(b) All moneys received pursuant to subsection (c) of K.S.A. 74-
3645		-	5032a(c), and amendments thereto, shall be remitted to the state
3646		-	treasurer in accordance with the provisions of K.S.A. 75-4215, and
3647		-	amendments thereto. Upon receipt of each such remittance, the state
3648		-	treasurer shall deposit the entire amount in the state treasury to the
3649		-	credit of the Kansas tourist attraction matching grant development
3650		-	fund.
	7043	+	5032a(c), and amendments thereto, shall be remitted to the state treasurer
	7044	+	in accordance with the provisions of K.S.A. 75-4215, and amendments
	7045	+	thereto. Upon receipt of each such remittance, the state treasurer shall
	7046	+	deposit the entire amount in the state treasury to the credit of the Kansas
	7047	+	tourist attraction matching grant development fund.
3651	7048		(c) On or before the 10
3652	7049		th
3653		-	of each month, the director of accounts
3654		-	and reports shall transfer from the state general fund to the Kansas
3655		-	tourist attraction matching grant development fund interest earnings
3656		-	based on:
	7050	+	of each month, the director of accounts and
	7051	+	reports shall transfer from the state general fund to the Kansas tourist
	7052	+	attraction matching grant development fund interest earnings based on:
3657	7053		(1) The average daily balance of moneys in the Kansas tourist
3658		-	attraction matching grant development fund for the preceding month;
3659		-	and
	7054	+	attraction matching grant development fund for the preceding month; and
3660	7055		(2) the net earnings rate for the pooled money investment portfolio
3661	7056		for the preceding month.
3662		-	Sec. 104. K.S.A. 32-1432 is hereby amended to read as follows:
3663		-	~~32-~~1432. As used in K.S.A. 32-1430 through 32-1438, and amendments
	7057	+	Sec. 104. K.S.A. 32-1432 is hereby amended to read as follows: 32-
	7058	+	1432. As used in K.S.A. 32-1430 through 32-1438, and amendments
3664	7059		thereto:
3665		-	(a) "Agritourism activity" means any activity which allows
3666		-	members of the general public, for recreational, entertainment or
3667		-	educational purposes, to view or enjoy rural activities, including, but
3668		-	not limited to, farming activities, ranching activities or historic, cultural
3669		-	or natural attractions. An activity may be an agritourism activity
3670		-	whether or not the participant pays to participate in the activity. An
3671		-	activity is not an agritourism activity if the participant is paid to
3672		-	participate in the activity.
3673		-	(b) "Inherent risks of a registered agritourism activity" means
3674		-	those dangers or conditions which are an integral part of such
3675		-	agritourism activity including, but not limited to, certain hazards such
3676		-	as surface and subsurface conditions; natural conditions of land,
3677		-	vegetation, and waters; the behavior of wild or domestic animals; and
3678		-	ordinary dangers of structures or equipment ordinarily used in farming
3679		-	or ranching operations. "Inherent risks of a registered agritourism
3680		-	activity" also includes the potential of a participant to act in a negligent
3681		-	manner that may contribute to injury to the participant or others, such
3682		-	as failing to follow instructions given by the registered agritourism
3683		-	operator or failing to exercise reasonable caution while engaging in the
3684		-	registered agritourism activity.
	7060	+	(a) "Agritourism activity" means any activity which allows members
	7061	+	of the general public, for recreational, entertainment or educational
	7062	+	purposes, to view or enjoy rural activities, including, but not limited to,
	7063	+	farming activities, ranching activities or historic, cultural or natural
	7064	+	attractions. An activity may be an agritourism activity whether or not the
	7065	+	participant pays to participate in the activity. An activity is not an
	7066	+	agritourism activity if the participant is paid to participate in the activity.
	7067	+	(b) "Inherent risks of a registered agritourism activity" means those
	7068	+	dangers or conditions which are an integral part of such agritourism
	7069	+	activity including, but not limited to, certain hazards such as surface and
	7070	+	subsurface conditions; natural conditions of land, vegetation, and waters;
	7071	+	the behavior of wild or domestic animals; and ordinary dangers of
	7072	+	structures or equipment ordinarily used in farming or ranching operations.
	7073	+	"Inherent risks of a registered agritourism activity" also includes the
	7074	+	potential of a participant to act in a negligent manner that may contribute
	7075	+	to injury to the participant or others, such as failing to follow instructions
	7076	+	given by the registered agritourism operator or failing to exercise
	7077	+	reasonable caution while engaging in the registered agritourism activity.
3685	7078		(c) "Participant" means any person who engages in a registered
3686	7079		agritourism activity.
3687		-	(d) "Registered agritourism activity" means any agritourism HOUSE BILL No. 2332—page 63
3688		-	activity registered with the secretary pursuant to K.S.A. 32-1433, and
3689		-	amendments thereto.
3690		-	(e) "Registered agritourism location" means a specific parcel of
3691		-	land which is registered with the secretary pursuant to K.S.A. 32-1433,
3692		-	and amendments thereto, and where a registered agritourism operator
3693		-	engages in registered agritourism activities.
	7080	+	(d) "Registered agritourism activity" means any agritourism activity
	7081	+	registered with the secretary pursuant to K.S.A. 32-1433, and amendments
	7082	+	thereto.
	7083	+	(e) "Registered agritourism location" means a specific parcel of land
	7084	+	which is registered with the secretary pursuant to K.S.A. 32-1433, and
	7085	+	amendments thereto, and where a registered agritourism operator engages
	7086	+	in registered agritourism activities.
	7087	+	1
	7088	+	2
	7089	+	3
	7090	+	4
	7091	+	5
	7092	+	6
	7093	+	7
	7094	+	8
	7095	+	9
	7096	+	10
	7097	+	11
	7098	+	12
	7099	+	13
	7100	+	14
	7101	+	15
	7102	+	16
	7103	+	17
	7104	+	18
	7105	+	19
	7106	+	20
	7107	+	21
	7108	+	22
	7109	+	23
	7110	+	24
	7111	+	25
	7112	+	26
	7113	+	27
	7114	+	28
	7115	+	29
	7116	+	30
	7117	+	31
	7118	+	32
	7119	+	33
	7120	+	34
	7121	+	35
	7122	+	36
	7123	+	37
	7124	+	38
	7125	+	39
	7126	+	40
	7127	+	41
	7128	+	42
	7129	+	43 HB 2332 84
3694	7130		(f) "Registered agritourism operator" means any person who is
3695	7131		engaged in the business of providing one or more agritourism activities
3696	7132		and is registered with the secretary pursuant to K.S.A. 32-1433, and
3697	7133		amendments thereto.
3698	7134		(g) "Secretary" means the secretary of wildlife, parks and tourism
3699	7135		commerce.
3700		-	Sec. 105. K.S.A. 32-1433 is hereby amended to read as follows:
3701		-	~~32-~~1433. (a) Any person who is engaged in the business of providing
3702		-	~~one or~~ more agritourism activities may register with the secretary of
3703		-	~~wildlife,~~ parks and tourism commerce. The registration shall contain all
3704		-	~~of the~~ following:
	7136	+	Sec. 105. K.S.A. 32-1433 is hereby amended to read as follows: 32-
	7137	+	1433. (a) Any person who is engaged in the business of providing one or
	7138	+	more agritourism activities may register with the secretary of wildlife,
	7139	+	parks and tourism commerce. The registration shall contain all of the
	7140	+	following:
3705	7141		(1) Information describing the agritourism activity which that the
3706	7142		person conducts or intends to conduct.
3707		-	(2) Information describing the location where the person conducts
3708		-	or intends to conduct such agritourism activity.
	7143	+	(2) Information describing the location where the person conducts or
	7144	+	intends to conduct such agritourism activity.
3709	7145		(b) The secretary shall maintain a list of all registered agritourism
3710		-	operators, the registered agritourism activities conducted by each
3711		-	operator and the registered agritourism location where the operator
3712		-	conducts such activities. Such list shall be made available to the public.
3713		-	The secretary, in conjunction with other agritourism and rural economic
3714		-	efforts of the secretary, shall promote and publicize registered
3715		-	agritourism operators, activities and locations to advance the purpose of
3716		-	this act by promoting and encouraging tourism.
3717		-	(c) Registration pursuant to this section shall be for a period of
3718		-	five years.
3719		-	(d) No fee shall be charged to persons registering under this
3720		-	section.
3721		-	Sec. 106. K.S.A. 32-1438 is hereby amended to read as follows:
3722		-	32-1438. (a) For taxable years commencing on and after December 31,
3723		-	2003, December 31, 2004, December 31, 2005, December 31, 2006,
3724		-	and December 31, 2007, there shall be allowed as a credit against the
3725		-	tax liability of a taxpayer imposed under the Kansas income tax act, an
3726		-	amount equal to 20% of the cost of liability insurance paid by a
3727		-	registered agritourism operator who operates an agritourism activity on
3728		-	the effective date of this act. No tax credit claimed pursuant to this
3729		-	subsection shall exceed $2,000. If the amount of such tax credit
3730		-	exceeds the taxpayer's income tax liability for such taxable year, the
3731		-	amount thereof which that exceeds such tax liability may be carried
3732		-	over for deduction from the taxpayer's income tax liability in the next
3733		-	succeeding taxable year or years until the total amount of tax credit has
3734		-	been deducted from tax liability, except that no such tax credit shall be
	7146	+	operators, the registered agritourism activities conducted by each operator
	7147	+	and the registered agritourism location where the operator conducts such
	7148	+	activities. Such list shall be made available to the public. The secretary, in
	7149	+	conjunction with other agritourism and rural economic efforts of the
	7150	+	secretary, shall promote and publicize registered agritourism operators,
	7151	+	activities and locations to advance the purpose of this act by promoting
	7152	+	and encouraging tourism.
	7153	+	(c) Registration pursuant to this section shall be for a period of five
	7154	+	years.
	7155	+	(d) No fee shall be charged to persons registering under this section.
	7156	+	Sec. 106. K.S.A. 32-1438 is hereby amended to read as follows: 32-
	7157	+	1438. (a) For taxable years commencing on and after December 31, 2003,
	7158	+	December 31, 2004, December 31, 2005, December 31, 2006, and
	7159	+	December 31, 2007, there shall be allowed as a credit against the tax
	7160	+	liability of a taxpayer imposed under the Kansas income tax act, an
	7161	+	amount equal to 20% of the cost of liability insurance paid by a registered
	7162	+	agritourism operator who operates an agritourism activity on the effective
	7163	+	date of this act. No tax credit claimed pursuant to this subsection shall
	7164	+	exceed $2,000. If the amount of such tax credit exceeds the taxpayer's
	7165	+	income tax liability for such taxable year, the amount thereof which that
	7166	+	exceeds such tax liability may be carried over for deduction from the
	7167	+	taxpayer's income tax liability in the next succeeding taxable year or years
	7168	+	until the total amount of tax credit has been deducted from tax liability,
	7169	+	except that no such tax credit shall be carried forward for deduction after
	7170	+	the third taxable year succeeding the taxable year in which the tax credit is
	7171	+	claimed.
	7172	+	(b) For the first five taxable years commencing after a taxpayer opens
	7173	+	1
	7174	+	2
	7175	+	3
	7176	+	4
	7177	+	5
	7178	+	6
	7179	+	7
	7180	+	8
	7181	+	9
	7182	+	10
	7183	+	11
	7184	+	12
	7185	+	13
	7186	+	14
	7187	+	15
	7188	+	16
	7189	+	17
	7190	+	18
	7191	+	19
	7192	+	20
	7193	+	21
	7194	+	22
	7195	+	23
	7196	+	24
	7197	+	25
	7198	+	26
	7199	+	27
	7200	+	28
	7201	+	29
	7202	+	30
	7203	+	31
	7204	+	32
	7205	+	33
	7206	+	34
	7207	+	35
	7208	+	36
	7209	+	37
	7210	+	38
	7211	+	39
	7212	+	40
	7213	+	41
	7214	+	42
	7215	+	43 HB 2332 85
	7216	+	such taxpayer's business, after the effective date of this act, there shall be
	7217	+	allowed as a credit against the tax liability of a taxpayer imposed under the
	7218	+	Kansas income tax act, an amount equal to 20% of the cost of liability
	7219	+	insurance paid by a registered agritourism operator who starts an
	7220	+	agritourism activity after the effective date of this act. No tax credit
	7221	+	claimed pursuant to this subsection shall exceed $2,000. If the amount of
	7222	+	such tax credit exceeds the taxpayer's income tax liability for such taxable
	7223	+	year, the amount thereof which that exceeds such tax liability may be
	7224	+	carried over for deduction from the taxpayer's income tax liability in the
	7225	+	next succeeding taxable year or years until the total amount of tax credit
	7226	+	has been deducted from tax liability, except that no such tax credit shall be
3735	7227		carried forward for deduction after the third taxable year succeeding the
3736	7228		taxable year in which the tax credit is claimed.
3737		-	(b) For the first five taxable years commencing after a taxpayer
3738		-	opens such taxpayer's business, after the effective date of this act, there
3739		-	shall be allowed as a credit against the tax liability of a taxpayer
3740		-	imposed under the Kansas income tax act, an amount equal to 20% of
3741		-	the cost of liability insurance paid by a registered agritourism operator
3742		-	who starts an agritourism activity after the effective date of this act. No
3743		-	tax credit claimed pursuant to this subsection shall exceed $2,000. If
3744		-	the amount of such tax credit exceeds the taxpayer's income tax
3745		-	liability for such taxable year, the amount thereof which that exceeds
3746		-	such tax liability may be carried over for deduction from the taxpayer's HOUSE BILL No. 2332—page 64
3747		-	income tax liability in the next succeeding taxable year or years until
3748		-	the total amount of tax credit has been deducted from tax liability,
3749		-	except that no such tax credit shall be carried forward for deduction
3750		-	after the third taxable year succeeding the taxable year in which the tax
3751		-	credit is claimed.
3752		-	(c) The secretary of wildlife, parks and tourism commerce shall
3753		-	adopt rules and regulations establishing criteria for determining those
3754		-	costs which qualify as costs of liability insurance for agritourism
3755		-	activities of a registered agritourism operator.
	7229	+	(c) The secretary of wildlife, parks and tourism commerce shall adopt
	7230	+	rules and regulations establishing criteria for determining those costs
	7231	+	which qualify as costs of liability insurance for agritourism activities of a
	7232	+	registered agritourism operator.
3756	7233		(d) On or before the 15
3757	7234		th
3758	7235		day of the regular legislative session in
3759	7236		2006, the secretary of commerce shall submit to the senate standing
3760		-	committee on commerce and the house standing committee on tourism
3761		-	~~and~~ parks a report on the implementation and use of the tax credit
3762		-	~~provided by~~ this section.
3763		-	(e) As used in this section, terms have the meanings mean the
3764		-	~~same~~ as provided by K.S.A. 32-1432, and amendments thereto.
	7237	+	committee on commerce and the house standing committee on tourism and
	7238	+	parks a report on the implementation and use of the tax credit provided by
	7239	+	this section.
	7240	+	(e) As used in this section, terms have the meanings mean the same
	7241	+	as provided by K.S.A. 32-1432, and amendments thereto.
3765	7242		(f)(e) For tax year 2013 and all tax years thereafter, the income tax
3766		-	credit provided by this section shall only be available to taxpayers
3767		-	subject to the income tax on corporations imposed pursuant to
3768		-	subsection (c) of K.S.A. 79-32,110(c), and amendments thereto, and
3769		-	shall be applied only against such taxpayer's corporate income tax
3770		-	liability.
	7243	+	credit provided by this section shall only be available to taxpayers subject
	7244	+	to the income tax on corporations imposed pursuant to subsection (c) of
	7245	+	K.S.A. 79-32,110(c), and amendments thereto, and shall be applied only
	7246	+	against such taxpayer's corporate income tax liability.
3771	7247		Sec. 107. K.S.A. 2022 Supp. 41-719 is hereby amended to read as
3772		-	follows: 41-719. (a) (1) Except as otherwise provided herein and in
3773		-	K.S.A. 8-1599, and amendments thereto, no person shall drink or
3774		-	consume alcoholic liquor on the public streets, alleys, roads or
3775		-	highways or inside vehicles while on the public streets, alleys, roads or
3776		-	highways.
3777		-	(2) Alcoholic liquor may be consumed on public streets, alleys,
3778		-	roads, sidewalks or highways when:
3779		-	(A) A temporary permit has been issued pursuant to K.S.A. 41-
3780		-	1201 or 41-2703, and amendments thereto, for such an event;
	7248	+	follows: 41-719. (a) (1) Except as otherwise provided herein and in K.S.A.
	7249	+	8-1599, and amendments thereto, no person shall drink or consume
	7250	+	alcoholic liquor on the public streets, alleys, roads or highways or inside
	7251	+	vehicles while on the public streets, alleys, roads or highways.
	7252	+	(2) Alcoholic liquor may be consumed on public streets, alleys, roads,
	7253	+	sidewalks or highways when:
	7254	+	(A) A temporary permit has been issued pursuant to K.S.A. 41-1201
	7255	+	or 41-2703, and amendments thereto, for such an event;
3781	7256		(B) a caterer's licensee has provided the required notification for a
3782	7257		catered event pursuant to K.S.A. 41-2643, and amendments thereto; or
3783		-	(C) a public venue, hotel, hotel caterer, drinking establishment
3784		-	caterer or drinking establishment licensee has been authorized to extend
3785		-	its licensed premises pursuant to K.S.A. 41-2608, and amendments
3786		-	thereto.
3787		-	(3) Consumption of alcoholic liquor on public streets, alleys,
3788		-	roads, sidewalks or highways must be approved, by ordinance or
3789		-	resolution, by the local governing body of any city, county or township
3790		-	where such consumption will occur. No alcoholic liquor may be
3791		-	consumed inside vehicles while on public streets, alleys, roads or
3792		-	highways at any time.
	7258	+	(C) a public venue, hotel, hotel caterer, drinking establishment caterer
	7259	+	or drinking establishment licensee has been authorized to extend its
	7260	+	licensed premises pursuant to K.S.A. 41-2608, and amendments thereto.
	7261	+	1
	7262	+	2
	7263	+	3
	7264	+	4
	7265	+	5
	7266	+	6
	7267	+	7
	7268	+	8
	7269	+	9
	7270	+	10
	7271	+	11
	7272	+	12
	7273	+	13
	7274	+	14
	7275	+	15
	7276	+	16
	7277	+	17
	7278	+	18
	7279	+	19
	7280	+	20
	7281	+	21
	7282	+	22
	7283	+	23
	7284	+	24
	7285	+	25
	7286	+	26
	7287	+	27
	7288	+	28
	7289	+	29
	7290	+	30
	7291	+	31
	7292	+	32
	7293	+	33
	7294	+	34
	7295	+	35
	7296	+	36
	7297	+	37
	7298	+	38
	7299	+	39
	7300	+	40
	7301	+	41
	7302	+	42
	7303	+	43 HB 2332 86
	7304	+	(3) Consumption of alcoholic liquor on public streets, alleys, roads,
	7305	+	sidewalks or highways must be approved, by ordinance or resolution, by
	7306	+	the local governing body of any city, county or township where such
	7307	+	consumption will occur. No alcoholic liquor may be consumed inside
	7308	+	vehicles while on public streets, alleys, roads or highways at any time.
3793	7309		(4) No person shall remove any alcoholic liquor from inside the
3794	7310		boundaries of an event as designated by the governing body of any city,
3795	7311		county or township, from the boundaries of a catered event or from the
3796		-	extended licensed premises of a public venue, hotel, hotel caterer,
3797		-	drinking establishment caterer or drinking establishment. Such
3798		-	boundaries shall be clearly marked by signs, a posted map or other
3799		-	means which reasonably identify the area in which alcoholic liquor
3800		-	may be possessed or consumed.
3801		-	(b) Alcoholic liquor may be consumed within common
3802		-	consumption areas designated by a city or county on public streets,
3803		-	alleys, roads, sidewalks or highways pursuant to K.S.A. 41-2659, and
3804		-	amendments thereto, except that no alcoholic liquor may be consumed
3805		-	inside vehicles while on public streets, alleys, roads or highways within
3806		-	a common consumption area. Further, no person shall remove any
3807		-	alcoholic liquor from inside the boundaries of the common HOUSE BILL No. 2332—page 65
3808		-	consumption area which shall be clearly designated by a physical
3809		-	barrier.
	7312	+	extended licensed premises of a public venue, hotel, hotel caterer, drinking
	7313	+	establishment caterer or drinking establishment. Such boundaries shall be
	7314	+	clearly marked by signs, a posted map or other means which reasonably
	7315	+	identify the area in which alcoholic liquor may be possessed or consumed.
	7316	+	(b) Alcoholic liquor may be consumed within common consumption
	7317	+	areas designated by a city or county on public streets, alleys, roads,
	7318	+	sidewalks or highways pursuant to K.S.A. 41-2659, and amendments
	7319	+	thereto, except that no alcoholic liquor may be consumed inside vehicles
	7320	+	while on public streets, alleys, roads or highways within a common
	7321	+	consumption area. Further, no person shall remove any alcoholic liquor
	7322	+	from inside the boundaries of the common consumption area which shall
	7323	+	be clearly designated by a physical barrier.
3810	7324		(c) No person shall drink or consume alcoholic liquor on private
3811	7325		property except:
3812	7326		(1) On premises where the sale of liquor by the individual drink is
3813	7327		authorized by the club and drinking establishment act;
3814		-	(2) upon private property by a person occupying such property as
3815		-	an owner or lessee of an owner and by the guests of such person, if no
3816		-	~~charge~~ is made for the serving or mixing of any drink or drinks of
3817		-	~~alcoholic liquor~~ or for any substance mixed with any alcoholic liquor
3818		-	~~and if no sale of~~ alcoholic liquor in violation of K.S.A. 41-803, and
3819		-	~~amendments thereto,~~ takes place;
	7328	+	(2) upon private property by a person occupying such property as an
	7329	+	owner or lessee of an owner and by the guests of such person, if no charge
	7330	+	is made for the serving or mixing of any drink or drinks of alcoholic liquor
	7331	+	or for any substance mixed with any alcoholic liquor and if no sale of
	7332	+	alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
	7333	+	takes place;
3820	7334		(3) in a lodging room of any hotel, motel or boarding house by the
3821		-	person occupying such room and by the guests of such person, if no
3822		-	~~charge~~ is made for the serving or mixing of any drink or drinks of
3823		-	~~alcoholic liquor~~ or for any substance mixed with any alcoholic liquor
3824		-	~~and if no sale of~~ alcoholic liquor in violation of K.S.A. 41-803, and
3825		-	~~amendments thereto,~~ takes place;
	7335	+	person occupying such room and by the guests of such person, if no charge
	7336	+	is made for the serving or mixing of any drink or drinks of alcoholic liquor
	7337	+	or for any substance mixed with any alcoholic liquor and if no sale of
	7338	+	alcoholic liquor in violation of K.S.A. 41-803, and amendments thereto,
	7339	+	takes place;
3826	7340		(4) in a private dining room of a hotel, motel or restaurant, if the
3827	7341		dining room is rented or made available on a special occasion to an
3828	7342		individual or organization for a private party and if no sale of alcoholic
3829		-	liquor in violation of K.S.A. 41-803, and amendments thereto, takes
3830		-	place;
3831		-	(5) on the premises of a manufacturer, microbrewery,
3832		-	microdistillery or farm winery, if authorized by K.S.A. 41-305, 41-
3833		-	308a, 41-308b or 41-354, and amendments thereto;
3834		-	(6) on the premises of an unlicensed business as authorized
3835		-	pursuant to subsection (j); or
	7343	+	liquor in violation of K.S.A. 41-803, and amendments thereto, takes place;
	7344	+	(5) on the premises of a manufacturer, microbrewery, microdistillery
	7345	+	or farm winery, if authorized by K.S.A. 41-305, 41-308a, 41-308b or 41-
	7346	+	354, and amendments thereto;
	7347	+	1
	7348	+	2
	7349	+	3
	7350	+	4
	7351	+	5
	7352	+	6
	7353	+	7
	7354	+	8
	7355	+	9
	7356	+	10
	7357	+	11
	7358	+	12
	7359	+	13
	7360	+	14
	7361	+	15
	7362	+	16
	7363	+	17
	7364	+	18
	7365	+	19
	7366	+	20
	7367	+	21
	7368	+	22
	7369	+	23
	7370	+	24
	7371	+	25
	7372	+	26
	7373	+	27
	7374	+	28
	7375	+	29
	7376	+	30
	7377	+	31
	7378	+	32
	7379	+	33
	7380	+	34
	7381	+	35
	7382	+	36
	7383	+	37
	7384	+	38
	7385	+	39
	7386	+	40
	7387	+	41
	7388	+	42
	7389	+	43 HB 2332 87
	7390	+	(6) on the premises of an unlicensed business as authorized pursuant
	7391	+	to subsection (j); or
3836	7392		(7) within a common consumption area established pursuant to
3837	7393		K.S.A. 41-2659, and amendments thereto.
3838	7394		(d) No person shall drink or consume alcoholic liquor on public
3839	7395		property except:
3840		-	(1) On real property leased by a city to others under the provisions
3841		-	of K.S.A. 12-1740 through 12-1749, and amendments thereto, if such
3842		-	~~real~~ property is actually being used for hotel or motel purposes or
3843		-	~~purposes~~ incidental thereto.
3844		-	(2) In any state-owned or operated building or structure, and on
3845		-	~~the~~ surrounding premises, which is furnished to and occupied by any
3846		-	~~state~~ officer or employee as a residence.
	7396	+	(1) On real property leased by a city to others under the provisions of
	7397	+	K.S.A. 12-1740 through 12-1749, and amendments thereto, if such real
	7398	+	property is actually being used for hotel or motel purposes or purposes
	7399	+	incidental thereto.
	7400	+	(2) In any state-owned or operated building or structure, and on the
	7401	+	surrounding premises, which is furnished to and occupied by any state
	7402	+	officer or employee as a residence.
3847	7403		(3) On premises licensed as a club or drinking establishment and
3848	7404		located on property owned or operated by an airport authority created
3849		-	pursuant to chapter 27 of the Kansas Statutes Annotated, and
3850		-	~~amendments~~ thereto, or established by a city.
	7405	+	pursuant to chapter 27 of the Kansas Statutes Annotated, and amendments
	7406	+	thereto, or established by a city.
3851	7407		(4) On the state fair grounds on the day of any race held thereon
3852	7408		pursuant to the Kansas parimutuel racing act.
3853		-	(5) On the state fairgrounds, within boundaries that have been
3854		-	marked with a three-dimensional barrier, if: (A) The alcoholic liquor is
3855		-	domestic beer or wine or wine imported under K.S.A. 41-308a(e), and
3856		-	amendments thereto, and is consumed only for purposes of judging
3857		-	competitions; (B) the alcoholic liquor is wine or beer that is sold during
3858		-	the days of the Kansas state fair, or as authorized by the Kansas state
3859		-	fair board, by the holder of a temporary permit in accordance with the
3860		-	provisions of K.S.A. 41-1201(g), and amendments thereto; or (C) the
3861		-	alcoholic liquor is consumed on nonfair days in conjunction with bona
3862		-	fide scheduled events involving not less than 75 invited guests and the
3863		-	state fair board, in its discretion, authorizes the consumption of the
3864		-	alcoholic liquor, subject to any conditions or restrictions the board may
3865		-	require.
3866		-	(6) In the state historical museum provided for by K.S.A. 76-2036, HOUSE BILL No. 2332—page 66
	7409	+	(5) On the state fairgrounds, within boundaries that have been marked
	7410	+	with a three-dimensional barrier, if: (A) The alcoholic liquor is domestic
	7411	+	beer or wine or wine imported under K.S.A. 41-308a(e), and amendments
	7412	+	thereto, and is consumed only for purposes of judging competitions; (B)
	7413	+	the alcoholic liquor is wine or beer that is sold during the days of the
	7414	+	Kansas state fair, or as authorized by the Kansas state fair board, by the
	7415	+	holder of a temporary permit in accordance with the provisions of K.S.A.
	7416	+	41-1201(g), and amendments thereto; or (C) the alcoholic liquor is
	7417	+	consumed on nonfair days in conjunction with bona fide scheduled events
	7418	+	involving not less than 75 invited guests and the state fair board, in its
	7419	+	discretion, authorizes the consumption of the alcoholic liquor, subject to
	7420	+	any conditions or restrictions the board may require.
	7421	+	(6) In the state historical museum provided for by K.S.A. 76-2036,
3867	7422		and amendments thereto, on the surrounding premises and in any other
3868	7423		building on such premises, as authorized by rules and regulations of the
3869	7424		state historical society.
3870	7425		(7) On the premises of any state-owned historic site under the
3871	7426		jurisdiction and supervision of the state historical society, on the
3872	7427		surrounding premises and in any other building on such premises, as
3873	7428		authorized by rules and regulations of the state historical society.
3874	7429		(8) In a lake resort within the meaning of K.S.A. 32-867, and
3875	7430		amendments thereto, on state-owned or leased property.
3876	7431		(9) On the premises of any Kansas national guard regional training
3877	7432		center or armory, and any building on such premises, as authorized by
	7433	+	1
	7434	+	2
	7435	+	3
	7436	+	4
	7437	+	5
	7438	+	6
	7439	+	7
	7440	+	8
	7441	+	9
	7442	+	10
	7443	+	11
	7444	+	12
	7445	+	13
	7446	+	14
	7447	+	15
	7448	+	16
	7449	+	17
	7450	+	18
	7451	+	19
	7452	+	20
	7453	+	21
	7454	+	22
	7455	+	23
	7456	+	24
	7457	+	25
	7458	+	26
	7459	+	27
	7460	+	28
	7461	+	29
	7462	+	30
	7463	+	31
	7464	+	32
	7465	+	33
	7466	+	34
	7467	+	35
	7468	+	36
	7469	+	37
	7470	+	38
	7471	+	39
	7472	+	40
	7473	+	41
	7474	+	42
	7475	+	43 HB 2332 88
3878	7476		rules and regulations of the adjutant general and upon approval of the
3879	7477		Kansas military board.
3880		-	(10) On the premises of any land or waters owned or managed by
3881		-	~~the~~ department of wildlife, and parks and tourism, except as otherwise
	7478	+	(10) On the premises of any land or waters owned or managed by the
	7479	+	department of wildlife, and parks and tourism, except as otherwise
3882	7480		prohibited by rules and regulations of the department adopted by the
3883	7481		secretary pursuant to K.S.A. 32-805, and amendments thereto.
3884	7482		(11) On property exempted from this subsection pursuant to
3885	7483		subsection (e), (f), (g), (h) or (i).
3886	7484		(12) On the premises of the state capitol building or on its
3887	7485		surrounding premises during an official state function of a nonpartisan
3888	7486		nature that has been approved by the legislative coordinating council.
3889	7487		(13) On premises of a common consumption area established by
3890	7488		K.S.A. 41-2659, and amendments thereto.
3891	7489		(e) Any city may exempt, by ordinance, from the provisions of
3892		-	subsection (d) specified property the title of which is vested in such
3893		-	city.
3894		-	(f) The board of county commissioners of any county may
3895		-	exempt, by resolution, from the provisions of subsection (d) specified
3896		-	property the title of which is vested in such county.
	7490	+	subsection (d) specified property the title of which is vested in such city.
	7491	+	(f) The board of county commissioners of any county may exempt,
	7492	+	by resolution, from the provisions of subsection (d) specified property the
	7493	+	title of which is vested in such county.
3897	7494		(g) The state board of regents may exempt from the provisions of
3898	7495		subsection (d) the Sternberg museum on the campus of Fort Hays state
3899		-	university, or other specified property which is under the control of
3900		-	~~such~~ board and which is not used for classroom instruction, where
3901		-	~~alcoholic~~ liquor may be consumed in accordance with policies adopted
3902		-	~~by such~~ board.
	7496	+	university, or other specified property which is under the control of such
	7497	+	board and which is not used for classroom instruction, where alcoholic
	7498	+	liquor may be consumed in accordance with policies adopted by such
	7499	+	board.
3903	7500		(h) The board of regents of Washburn university may exempt from
3904		-	the provisions of subsection (d) the Mulvane art center and the
3905		-	Bradbury Thompson alumni center on the campus of Washburn
3906		-	university, and other specified property the title of which is vested in
3907		-	such board and which is not used for classroom instruction, where
3908		-	alcoholic liquor may be consumed in accordance with policies adopted
3909		-	by such board.
	7501	+	the provisions of subsection (d) the Mulvane art center and the Bradbury
	7502	+	Thompson alumni center on the campus of Washburn university, and other
	7503	+	specified property the title of which is vested in such board and which is
	7504	+	not used for classroom instruction, where alcoholic liquor may be
	7505	+	consumed in accordance with policies adopted by such board.
3910	7506		(i) The board of trustees of a community college may exempt from
3911		-	the provisions of subsection (d) specified property that is under the
3912		-	~~control~~ of such board and is not used for classroom instruction, where
3913		-	~~alcoholic~~ liquor may be consumed in accordance with policies adopted
3914		-	~~by such~~ board.
	7507	+	the provisions of subsection (d) specified property that is under the control
	7508	+	of such board and is not used for classroom instruction, where alcoholic
	7509	+	liquor may be consumed in accordance with policies adopted by such
	7510	+	board.
3915	7511		(j) (1) An unlicensed business may authorize patrons or guests of
3916	7512		such business to consume alcoholic liquor on the premises of such
3917	7513		business provided:
3918		-	(A) Such alcoholic liquor is in the personal possession of the
3919		-	~~patron~~ and is not sold, offered for sale or given away by the owner of
3920		-	~~such~~ business or any employees thereof;
	7514	+	(A) Such alcoholic liquor is in the personal possession of the patron
	7515	+	and is not sold, offered for sale or given away by the owner of such
	7516	+	business or any employees thereof;
3921	7517		(B) possession and consumption of alcoholic liquor shall not be
3922	7518		authorized between the hours of 12 a.m. and 9 a.m.;
3923		-	(C) the business, or any owner thereof, shall not have had a
3924		-	license issued under either the Kansas liquor control act or the club and
3925		-	drinking establishment act revoked for any reason; and HOUSE BILL No. 2332—page 67
	7519	+	1
	7520	+	2
	7521	+	3
	7522	+	4
	7523	+	5
	7524	+	6
	7525	+	7
	7526	+	8
	7527	+	9
	7528	+	10
	7529	+	11
	7530	+	12
	7531	+	13
	7532	+	14
	7533	+	15
	7534	+	16
	7535	+	17
	7536	+	18
	7537	+	19
	7538	+	20
	7539	+	21
	7540	+	22
	7541	+	23
	7542	+	24
	7543	+	25
	7544	+	26
	7545	+	27
	7546	+	28
	7547	+	29
	7548	+	30
	7549	+	31
	7550	+	32
	7551	+	33
	7552	+	34
	7553	+	35
	7554	+	36
	7555	+	37
	7556	+	38
	7557	+	39
	7558	+	40
	7559	+	41
	7560	+	42
	7561	+	43 HB 2332 89
	7562	+	(C) the business, or any owner thereof, shall not have had a license
	7563	+	issued under either the Kansas liquor control act or the club and drinking
	7564	+	establishment act revoked for any reason; and
3926	7565		(D) no charge of any sort may be made by the business for the
3927		-	privilege of possessing or consuming alcoholic liquor on the premises,
3928		-	or for mere entry onto the premises.
3929		-	(2) It shall be a violation of this section for any unlicensed
3930		-	~~business to~~ authorize the possession or consumption of alcoholic liquor
3931		-	~~by a patron of~~ such business when such authorization is not in
3932		-	~~accordance with the~~ provisions of this subsection.
	7566	+	privilege of possessing or consuming alcoholic liquor on the premises, or
	7567	+	for mere entry onto the premises.
	7568	+	(2) It shall be a violation of this section for any unlicensed business to
	7569	+	authorize the possession or consumption of alcoholic liquor by a patron of
	7570	+	such business when such authorization is not in accordance with the
	7571	+	provisions of this subsection.
3933	7572		(3) For the purposes of this subsection, "patron" means a natural
3934	7573		person who is a customer or guest of an unlicensed business.
3935	7574		(k) Violation of any provision of this section is a an unclassified
3936		-	misdemeanor punishable by a fine of not less than $50 or more than
3937		-	~~$200~~ or by imprisonment for not more than six months, or both.
	7575	+	misdemeanor punishable by a fine of not less than $50 or more than $200
	7576	+	or by imprisonment for not more than six months, or both.
3938	7577		(l) For the purposes of this section, "common consumption area"
3939	7578		means the same as that term is defined in K.S.A. 41-2659, and
3940	7579		amendments thereto.
3941		-	Sec. 108. K.S.A. 47-2101 is hereby amended to read as follows:
3942		-	47-2101. (a) It shall be unlawful for any person to possess domesticated
3943		-	deer unless such person has obtained from the animal health
3944		-	commissioner a domesticated deer permit. Application for such permit
3945		-	shall be made in writing on a form provided by the commissioner. The
3946		-	permit period shall be for the permit year ending on September 30
3947		-	following the issuance date.
	7580	+	Sec. 108. K.S.A. 47-2101 is hereby amended to read as follows: 47-
	7581	+	2101. (a) It shall be unlawful for any person to possess domesticated deer
	7582	+	unless such person has obtained from the animal health commissioner a
	7583	+	domesticated deer permit. Application for such permit shall be made in
	7584	+	writing on a form provided by the commissioner. The permit period shall
	7585	+	be for the permit year ending on September 30 following the issuance date.
3948	7586		(b) Each application for issuance or renewal of a permit shall be
3949	7587		accompanied by a fee of not more than $400 as established by the
3950	7588		commissioner in rules and regulations.
3951	7589		(c) The animal health commissioner shall adopt any rules and
3952		-	regulations necessary to enforce the provisions of article 21 of chapter
3953		-	47 of the Kansas Statutes Annotated, and amendments thereto, ensure
	7590	+	regulations necessary to enforce the provisions of article 21 of chapter 47
	7591	+	of the Kansas Statutes Annotated, and amendments thereto, ensure
3954	7592		compliance with federal requirements and protect domestic animals and
3955	7593		wildlife from disease risks related to domestic deer production.
3956	7594		(d) Any person who fails to obtain a permit as prescribed in
3957		-	subsection (a) shall be deemed guilty of a class C nonperson
3958		-	~~misdemeanor~~ and upon conviction shall be punished by a fine not
3959		-	~~exceeding $1,000.~~ Continued operation, after a conviction, shall
3960		-	~~constitute a separate offense~~ for each day of operation.
3961		-	(e) The commissioner may refuse to issue or renew or may
3962		-	~~suspend~~ or revoke any permit for any one of the following reasons:
3963		-	(1) Material misstatement in the application for the original permit
3964		-	or in the application for any renewal of a permit;
	7595	+	subsection (a) shall be deemed guilty of a class C nonperson misdemeanor
	7596	+	and upon conviction shall be punished by a fine not exceeding $1,000.
	7597	+	Continued operation, after a conviction, shall constitute a separate offense
	7598	+	for each day of operation.
	7599	+	(e) The commissioner may refuse to issue or renew or may suspend
	7600	+	or revoke any permit for any one of the following reasons:
	7601	+	(1) Material misstatement in the application for the original permit or
	7602	+	in the application for any renewal of a permit;
3965	7603		(2) the conviction of any crime, an essential element of which is
3966		-	misstatement, fraud or dishonesty, or relating to the theft of or cruelty
3967		-	to animals;
	7604	+	misstatement, fraud or dishonesty, or relating to the theft of or cruelty to
	7605	+	1
	7606	+	2
	7607	+	3
	7608	+	4
	7609	+	5
	7610	+	6
	7611	+	7
	7612	+	8
	7613	+	9
	7614	+	10
	7615	+	11
	7616	+	12
	7617	+	13
	7618	+	14
	7619	+	15
	7620	+	16
	7621	+	17
	7622	+	18
	7623	+	19
	7624	+	20
	7625	+	21
	7626	+	22
	7627	+	23
	7628	+	24
	7629	+	25
	7630	+	26
	7631	+	27
	7632	+	28
	7633	+	29
	7634	+	30
	7635	+	31
	7636	+	32
	7637	+	33
	7638	+	34
	7639	+	35
	7640	+	36
	7641	+	37
	7642	+	38
	7643	+	39
	7644	+	40
	7645	+	41
	7646	+	42
	7647	+	43 HB 2332 90
	7648	+	animals;
3968	7649		(3) substantial misrepresentation;
3969	7650		(4) the person who is issued a permit is found to be poaching or
3970	7651		illegally obtaining deer; or
3971	7652		(5) the permit holder's willful disregard of any rule or regulation
3972	7653		adopted under this section.
3973	7654		(f) Any refusal to issue or renew a permit and any suspension or
3974	7655		revocation of a permit under this section shall be in accordance with the
3975		-	provisions of the Kansas administrative procedure act and shall be
3976		-	subject to review in accordance with the Kansas judicial review act.
3977		-	(g) Each domesticated deer, regardless of age, that enters a
3978		-	premises alive or leaves a premises alive or dead for any purpose, other
3979		-	than for direct movement to a licensed or registered slaughter facility in
3980		-	Kansas, shall have official identification, as prescribed by rules and
3981		-	regulations of the commissioner. Any person who receives a permit
3982		-	issued pursuant to subsection (a) shall keep records of such deer as
3983		-	required by rules and regulations adopted pursuant to this section.
3984		-	(h) (1) The animal health commissioner or the commissioner's HOUSE BILL No. 2332—page 68
3985		-	representatives may inspect the premises and records of any person
3986		-	issued a domesticated deer permit, but shall not inspect such premises
3987		-	and records more than once each permit year, unless the commissioner
3988		-	has:
3989		-	(A) Discovered a violation of article 21 of chapter 47 of the
3990		-	Kansas Statutes Annotated, and amendments thereto; or
	7656	+	provisions of the Kansas administrative procedure act and shall be subject
	7657	+	to review in accordance with the Kansas judicial review act.
	7658	+	(g) Each domesticated deer, regardless of age, that enters a premises
	7659	+	alive or leaves a premises alive or dead for any purpose, other than for
	7660	+	direct movement to a licensed or registered slaughter facility in Kansas,
	7661	+	shall have official identification, as prescribed by rules and regulations of
	7662	+	the commissioner. Any person who receives a permit issued pursuant to
	7663	+	subsection (a) shall keep records of such deer as required by rules and
	7664	+	regulations adopted pursuant to this section.
	7665	+	(h) (1) The animal health commissioner or the commissioner's
	7666	+	representatives may inspect the premises and records of any person issued
	7667	+	a domesticated deer permit, but shall not inspect such premises and
	7668	+	records more than once each permit year, unless the commissioner has:
	7669	+	(A) Discovered a violation of article 21 of chapter 47 of the Kansas
	7670	+	Statutes Annotated, and amendments thereto; or
3991	7671		(B) received a complaint that such premises is not being operated,
3992		-	managed or maintained in accordance with rules and regulations
3993		-	~~adopted~~ pursuant to this section.
	7672	+	managed or maintained in accordance with rules and regulations adopted
	7673	+	pursuant to this section.
3994	7674		(2) The commissioner or the commissioner's representatives may
3995	7675		inspect unlicensed premises when the commissioner has reasonable
3996		-	grounds to believe that a person is violating the provisions of this
3997		-	section.
3998		-	(i) The animal health commissioner, on an annual basis, shall
3999		-	transmit to the secretary of wildlife, and parks and tourism a current list
4000		-	of persons issued a permit pursuant to this section. The Kansas
4001		-	department of agriculture may request assistance from the department
4002		-	of wildlife, and parks and tourism to assist in implementing and
4003		-	enforcing article 21 of chapter 47 of the Kansas Statutes Annotated, and
4004		-	amendments thereto.
	7676	+	grounds to believe that a person is violating the provisions of this section.
	7677	+	(i) The animal health commissioner, on an annual basis, shall transmit
	7678	+	to the secretary of wildlife, and parks and tourism a current list of persons
	7679	+	issued a permit pursuant to this section. The Kansas department of
	7680	+	agriculture may request assistance from the department of wildlife, and
	7681	+	parks and tourism to assist in implementing and enforcing article 21 of
	7682	+	chapter 47 of the Kansas Statutes Annotated, and amendments thereto.
4005	7683		(j) All moneys received under this section shall be remitted to the
4006		-	state treasurer in accordance with the provisions of K.S.A. 75-4215,
4007		-	~~and~~ amendments thereto. Upon receipt of each such remittance, the
4008		-	~~state~~ treasurer shall deposit the entire amount in the state treasury to the
4009		-	~~credit~~ of the animal disease control fund.
	7684	+	state treasurer in accordance with the provisions of K.S.A. 75-4215, and
	7685	+	amendments thereto. Upon receipt of each such remittance, the state
	7686	+	treasurer shall deposit the entire amount in the state treasury to the credit
	7687	+	of the animal disease control fund.
4010	7688		(k) As used in this section:
4011	7689		(1) "Deer" means any member of the family cervidae.
4012		-	(2) "Domesticated deer" means any member of the family
4013		-	cervidae that was legally obtained and is being sold or raised in a
4014		-	confined area for:
	7690	+	(2) "Domesticated deer" means any member of the family cervidae
	7691	+	1
	7692	+	2
	7693	+	3
	7694	+	4
	7695	+	5
	7696	+	6
	7697	+	7
	7698	+	8
	7699	+	9
	7700	+	10
	7701	+	11
	7702	+	12
	7703	+	13
	7704	+	14
	7705	+	15
	7706	+	16
	7707	+	17
	7708	+	18
	7709	+	19
	7710	+	20
	7711	+	21
	7712	+	22
	7713	+	23
	7714	+	24
	7715	+	25
	7716	+	26
	7717	+	27
	7718	+	28
	7719	+	29
	7720	+	30
	7721	+	31
	7722	+	32
	7723	+	33
	7724	+	34
	7725	+	35
	7726	+	36
	7727	+	37
	7728	+	38
	7729	+	39
	7730	+	40
	7731	+	41
	7732	+	42
	7733	+	43 HB 2332 91
	7734	+	that was legally obtained and is being sold or raised in a confined area for:
4015	7735		(A) Breeding stock;
4016	7736		(B) any carcass, skin or part of such animal;
4017	7737		(C) exhibition; or
4018	7738		(D) companionship.
4019	7739		Sec. 109. K.S.A. 2022 Supp. 49-408 is hereby amended to read as
4020	7740		follows: 49-408. (a) All land affected by surface coal mining and
4021		-	reclamation operations, except as otherwise provided in this act, shall
4022		-	be reclaimed and all operations shall be conducted, in accordance with
4023		-	~~the~~ requirements and specifications of the national surface mining
4024		-	~~control and~~ reclamation act of 1977 (, public law 95-87), and federal
4025		-	~~rules and~~ regulations adopted pursuant thereto. The secretary shall issue
4026		-	~~such~~ regulations as may be required to conform to the requirements of
4027		-	~~the~~ national act.
	7741	+	reclamation operations, except as otherwise provided in this act, shall be
	7742	+	reclaimed and all operations shall be conducted, in accordance with the
	7743	+	requirements and specifications of the national surface mining control and
	7744	+	reclamation act of 1977 (, public law 95-87), and federal rules and
	7745	+	regulations adopted pursuant thereto. The secretary shall issue such
	7746	+	regulations as may be required to conform to the requirements of the
	7747	+	national act.
4028	7748		(b) All waters in existence on mined land after reclamation is
4029		-	completed shall become public waters to the extent they may be
4030		-	stocked with fish from the state or federal hatcheries and shall be under
4031		-	the law enforcement jurisdiction of the Kansas department of wildlife,
4032		-	and parks and tourism. The owner of the mined land containing such
4033		-	waters shall retain all other rights consistent with the ownership
4034		-	thereof.
4035		-	Sec. 110. K.S.A. 2022 Supp. 58-3221 is hereby amended to read
4036		-	as follows: 58-3221. As used in this act:
	7749	+	completed shall become public waters to the extent they may be stocked
	7750	+	with fish from the state or federal hatcheries and shall be under the law
	7751	+	enforcement jurisdiction of the Kansas department of wildlife, and parks
	7752	+	and tourism. The owner of the mined land containing such waters shall
	7753	+	retain all other rights consistent with the ownership thereof.
	7754	+	Sec. 110. K.S.A. 2022 Supp. 58-3221 is hereby amended to read as
	7755	+	follows: 58-3221. As used in this act:
4037	7756		(a) "Generally accepted operation practice" means those safety
4038	7757		practices adopted, pursuant to rules and regulations, by the Kansas
4039	7758		department of wildlife, and parks and tourism and established by a
4040	7759		nationally recognized nonprofit membership organization that provides
4041		-	voluntary firearms safety programs which that include training
4042		-	~~individuals~~ in the safe handling and use of firearms and which that
4043		-	~~practices are~~ developed with consideration of all information ~~HOUSE BILL No. 2332—page 69~~
4044		-	~~reasonably available~~ regarding the operation of shooting ranges.
4045		-	(b) "Local unit of government" means a county, city, township or
4046		-	~~any~~ other political subdivision of the state, or any agency, authority,
4047		-	~~institution~~ or instrumentality thereof.
	7760	+	voluntary firearms safety programs which that include training individuals
	7761	+	in the safe handling and use of firearms and which that practices are
	7762	+	developed with consideration of all information reasonably available
	7763	+	regarding the operation of shooting ranges.
	7764	+	(b) "Local unit of government" means a county, city, township or any
	7765	+	other political subdivision of the state, or any agency, authority, institution
	7766	+	or instrumentality thereof.
4048	7767		(c) "Person" means an individual, proprietorship, partnership,
4049	7768		corporation, club, governmental entity or other legal entity.
4050	7769		(d) "Sport shooting range" or "range" means an area designed and
4051	7770		operated for the use of archery, rifles, shotguns, pistols, semiautomatic
4052	7771		firearms, skeet, trap, black powder or any other similar sport shooting.
4053		-	Sec. 111. K.S.A. 2022 Supp. 58-3225 is hereby amended to read
4054		-	as follows: 58-3225. The secretary of wildlife, and parks and tourism is
4055		-	hereby authorized to adopt rules and regulations necessary to
4056		-	implement the provisions of this act.
4057		-	Sec. 112. K.S.A. 65-189e is hereby amended to read as follows:
4058		-	65-189e. The provisions of this act shall not apply to:
4059		-	(a) Land used exclusively for agricultural purposes as defined in
4060		-	this act or to land under the control of the Kansas department of
4061		-	wildlife, and parks and tourism, but the department shall not develop
4062		-	any land under its control without providing water, sewage disposal and
4063		-	refuse disposal facilities that are in conformity with these standards and
4064		-	have submitted plans therefor to the secretary of health and
4065		-	environment and obtained the secretary's approval;
	7772	+	Sec. 111. K.S.A. 2022 Supp. 58-3225 is hereby amended to read as
	7773	+	follows: 58-3225. The secretary of wildlife, and parks and tourism is
	7774	+	hereby authorized to adopt rules and regulations necessary to implement
	7775	+	the provisions of this act.
	7776	+	Sec. 112. K.S.A. 65-189e is hereby amended to read as follows: 65-
	7777	+	1
	7778	+	2
	7779	+	3
	7780	+	4
	7781	+	5
	7782	+	6
	7783	+	7
	7784	+	8
	7785	+	9
	7786	+	10
	7787	+	11
	7788	+	12
	7789	+	13
	7790	+	14
	7791	+	15
	7792	+	16
	7793	+	17
	7794	+	18
	7795	+	19
	7796	+	20
	7797	+	21
	7798	+	22
	7799	+	23
	7800	+	24
	7801	+	25
	7802	+	26
	7803	+	27
	7804	+	28
	7805	+	29
	7806	+	30
	7807	+	31
	7808	+	32
	7809	+	33
	7810	+	34
	7811	+	35
	7812	+	36
	7813	+	37
	7814	+	38
	7815	+	39
	7816	+	40
	7817	+	41
	7818	+	42
	7819	+	43 HB 2332 92
	7820	+	189e. The provisions of this act shall not apply to:
	7821	+	(a) Land used exclusively for agricultural purposes as defined in this
	7822	+	act or to land under the control of the Kansas department of wildlife, and
	7823	+	parks and tourism, but the department shall not develop any land under its
	7824	+	control without providing water, sewage disposal and refuse disposal
	7825	+	facilities that are in conformity with these standards and have submitted
	7826	+	plans therefor to the secretary of health and environment and obtained the
	7827	+	secretary's approval;
4066	7828		(b) subdivisions platted and approved by the board of county
4067	7829		commissioners prior to August 1, 1965, except that this exemption shall
4068	7830		not be extended to any construction other than a single family residence
4069	7831		and shall not permit violation of any local ordinance or code or the
4070		-	creation of any condition that is detrimental to the health or property of
4071		-	an adjacent property owner; or
4072		-	(c) land subject to a sanitary code or codes as defined in K.S.A.
4073		-	~~19-~~3701 through 19-3708, and amendments thereto, which that contain
4074		-	provisions for control of the subsurface disposal of sewage, supplying
4075		-	of water from on-lot wells and the disposal of refuse, if the county, city-
	7832	+	creation of any condition that is detrimental to the health or property of an
	7833	+	adjacent property owner; or
	7834	+	(c) land subject to a sanitary code or codes as defined in K.S.A. 19-
	7835	+	3701 through 19-3708, and amendments thereto, which that contain
	7836	+	provisions for control of the subsurface disposal of sewage, supplying of
	7837	+	water from on-lot wells and the disposal of refuse, if the county, city-
4076	7838		county or multicounty health department enforcing such sanitary codes
4077		-	shall furnish to the secretary of health and environment such
4078		-	information as the secretary may require concerning the number and
4079		-	types of such sewage, water and refuse facilities installed in the
4080		-	sanitation zone.
4081		-	Sec. 113. K.S.A. 65-3424b is hereby amended to read as follows:
4082		-	65-3424b. (a) The secretary shall establish a system of permits for
4083		-	mobile waste tire processors, waste tire processing facilities, waste tire
4084		-	transporters and waste tire collection centers. Such permits shall be
4085		-	issued for a period of one year and shall require an application fee
4086		-	established by the secretary in an amount not exceeding $250 per year.
	7839	+	shall furnish to the secretary of health and environment such information
	7840	+	as the secretary may require concerning the number and types of such
	7841	+	sewage, water and refuse facilities installed in the sanitation zone.
	7842	+	Sec. 113. K.S.A. 65-3424b is hereby amended to read as follows: 65-
	7843	+	3424b. (a) The secretary shall establish a system of permits for mobile
	7844	+	waste tire processors, waste tire processing facilities, waste tire
	7845	+	transporters and waste tire collection centers. Such permits shall be issued
	7846	+	for a period of one year and shall require an application fee established by
	7847	+	the secretary in an amount not exceeding $250 per year.
4087	7848		(b) The secretary shall adopt rules and regulations establishing
4088		-	standards for mobile waste tire processors, waste tire processing
4089		-	facilities, waste tire collection centers and waste tire transporters. Such
4090		-	standards shall include a requirement that the permittee file with the
4091		-	secretary a bond or other financial assurance in an amount determined
4092		-	by the secretary to be sufficient to pay any costs which that may be
4093		-	incurred by the state to process any waste tires or dispose of any waste
4094		-	tires or processed waste tires if the permittee ceases business or fails to
4095		-	comply with this act.
	7849	+	standards for mobile waste tire processors, waste tire processing facilities,
	7850	+	waste tire collection centers and waste tire transporters. Such standards
	7851	+	shall include a requirement that the permittee file with the secretary a bond
	7852	+	or other financial assurance in an amount determined by the secretary to be
	7853	+	sufficient to pay any costs which that may be incurred by the state to
	7854	+	process any waste tires or dispose of any waste tires or processed waste
	7855	+	tires if the permittee ceases business or fails to comply with this act.
4096	7856		(c) Any person who contracts or arranges with another person to
4097		-	collect or transport waste tires for storage, processing or disposal shall
4098		-	so contract or arrange only with a person holding a permit from the
4099		-	secretary. Any person contracting or arranging with a person, permitted
4100		-	by the secretary, to collect or transport waste tires for storage,
4101		-	processing or, disposal, transfers ownership of those waste tires to the
4102		-	permitted person and the person contracting or arranging with the HOUSE BILL No. 2332—page 70
4103		-	person holding such permit to collect or transport such tires shall be
4104		-	released from liability therefor. Any person contracting or arranging
4105		-	with any person, for the collection, transportation, storage, processing,
4106		-	disposal or beneficial use of such tires shall maintain a record of such
4107		-	transaction for a period of not less than three years following the date
4108		-	of the transfer of such tires. Record-keeping requirements for beneficial
4109		-	use shall not apply when tire retailers allow customers to retain their
4110		-	old tires at the time of sale.
4111		-	(d) The owner or operator of each site that contains a waste tire,
4112		-	used tire or new tire accumulation of any size must control mosquito
4113		-	breeding and other disease vectors.
4114		-	(e) No person shall own or operate a waste tire processing facility
4115		-	or waste tire collection center or act as a mobile waste tire processor or
4116		-	waste tire transporter unless such person holds a valid permit issued
4117		-	therefor pursuant to subsection (a), except that:
4118		-	(1) A tire retreading business where fewer than 1,500 waste tires
4119		-	are kept on the business premises may operate a waste tire collection
4120		-	center on the premises;
4121		-	(2) a business that, in the ordinary course of business, removes
4122		-	tires from motor vehicles where fewer than 1,500 of these tires are kept
4123		-	on the business premises may operate a waste tire collection center or a
4124		-	waste tire processing facility or both on the premises;
	7857	+	collect or transport waste tires for storage, processing or disposal shall so
	7858	+	contract or arrange only with a person holding a permit from the secretary.
	7859	+	Any person contracting or arranging with a person, permitted by the
	7860	+	secretary, to collect or transport waste tires for storage, processing or,
	7861	+	disposal, transfers ownership of those waste tires to the permitted person
	7862	+	and the person contracting or arranging with the person holding such
	7863	+	1
	7864	+	2
	7865	+	3
	7866	+	4
	7867	+	5
	7868	+	6
	7869	+	7
	7870	+	8
	7871	+	9
	7872	+	10
	7873	+	11
	7874	+	12
	7875	+	13
	7876	+	14
	7877	+	15
	7878	+	16
	7879	+	17
	7880	+	18
	7881	+	19
	7882	+	20
	7883	+	21
	7884	+	22
	7885	+	23
	7886	+	24
	7887	+	25
	7888	+	26
	7889	+	27
	7890	+	28
	7891	+	29
	7892	+	30
	7893	+	31
	7894	+	32
	7895	+	33
	7896	+	34
	7897	+	35
	7898	+	36
	7899	+	37
	7900	+	38
	7901	+	39
	7902	+	40
	7903	+	41
	7904	+	42
	7905	+	43 HB 2332 93
	7906	+	permit to collect or transport such tires shall be released from liability
	7907	+	therefor. Any person contracting or arranging with any person, for the
	7908	+	collection, transportation, storage, processing, disposal or beneficial use of
	7909	+	such tires shall maintain a record of such transaction for a period of not
	7910	+	less than three years following the date of the transfer of such tires.
	7911	+	Record-keeping requirements for beneficial use shall not apply when tire
	7912	+	retailers allow customers to retain their old tires at the time of sale.
	7913	+	(d) The owner or operator of each site that contains a waste tire, used
	7914	+	tire or new tire accumulation of any size must control mosquito breeding
	7915	+	and other disease vectors.
	7916	+	(e) No person shall own or operate a waste tire processing facility or
	7917	+	waste tire collection center or act as a mobile waste tire processor or waste
	7918	+	tire transporter unless such person holds a valid permit issued therefor
	7919	+	pursuant to subsection (a), except that:
	7920	+	(1) A tire retreading business where fewer than 1,500 waste tires are
	7921	+	kept on the business premises may operate a waste tire collection center on
	7922	+	the premises;
	7923	+	(2) a business that, in the ordinary course of business, removes tires
	7924	+	from motor vehicles where fewer than 1,500 of these tires are kept on the
	7925	+	business premises may operate a waste tire collection center or a waste tire
	7926	+	processing facility or both on the premises;
4125	7927		(3) a retail tire-selling business where fewer than 1,500 waste tires
4126	7928		are kept on the business premises may operate a waste tire collection
4127	7929		center or a waste tire processing facility or both on the premises;
4128	7930		(4) the Kansas department of wildlife, and parks and tourism may
4129		-	perform one or more of the following to facilitate a beneficial use of
4130		-	~~waste~~ tires:
4131		-	(A) Operate a waste tire collection center on the premises of any
4132		-	~~state~~ park, state wildlife area or state fishing lake;
	7931	+	perform one or more of the following to facilitate a beneficial use of waste
	7932	+	tires:
	7933	+	(A) Operate a waste tire collection center on the premises of any state
	7934	+	park, state wildlife area or state fishing lake;
4133	7935		(B) operate a waste tire processing facility on the premises of any
4134	7936		state park, state wildlife area or state fishing lake; or
4135		-	(C) act as a waste tire transporter to transport waste tires to any
4136		-	~~state~~ park, state wildlife area or state fishing lake;
4137		-	(5) a person engaged in a farming or ranching activity, including
4138		-	~~the~~ operation of a feedlot as defined by K.S.A. 47-1501, and
4139		-	~~amendments~~ thereto, may perform one or more of the following to
4140		-	~~facilitate a beneficial~~ use of waste tires:
	7937	+	(C) act as a waste tire transporter to transport waste tires to any state
	7938	+	park, state wildlife area or state fishing lake;
	7939	+	(5) a person engaged in a farming or ranching activity, including the
	7940	+	operation of a feedlot as defined by K.S.A. 47-1501, and amendments
	7941	+	thereto, may perform one or more of the following to facilitate a beneficial
	7942	+	use of waste tires:
4141	7943		(A) Operate an on-site waste tire collection center;
4142	7944		(B) operate an on-site waste tire processing facility; or
4143		-	(C) act as a waste tire transporter to transport waste tires to the
4144		-	farm, ranch or the feedlot;
4145		-	(6) a watershed district may perform one or more of the following
4146		-	to facilitate a beneficial use of waste tires:
	7945	+	(C) act as a waste tire transporter to transport waste tires to the farm,
	7946	+	ranch or the feedlot;
	7947	+	(6) a watershed district may perform one or more of the following to
	7948	+	facilitate a beneficial use of waste tires:
	7949	+	1
	7950	+	2
	7951	+	3
	7952	+	4
	7953	+	5
	7954	+	6
	7955	+	7
	7956	+	8
	7957	+	9
	7958	+	10
	7959	+	11
	7960	+	12
	7961	+	13
	7962	+	14
	7963	+	15
	7964	+	16
	7965	+	17
	7966	+	18
	7967	+	19
	7968	+	20
	7969	+	21
	7970	+	22
	7971	+	23
	7972	+	24
	7973	+	25
	7974	+	26
	7975	+	27
	7976	+	28
	7977	+	29
	7978	+	30
	7979	+	31
	7980	+	32
	7981	+	33
	7982	+	34
	7983	+	35
	7984	+	36
	7985	+	37
	7986	+	38
	7987	+	39
	7988	+	40
	7989	+	41
	7990	+	42
	7991	+	43 HB 2332 94
4147	7992		(A) Operate a waste tire collection center on the premises of a
4148	7993		watershed district project or work of improvement;
4149		-	(B) operate a waste tire processing facility on the district's
4150		-	~~property;~~ or
	7994	+	(B) operate a waste tire processing facility on the district's property;
	7995	+	or
4151	7996		(C) act as a waste tire transporter to transport waste tires to the
4152	7997		district's property;
4153	7998		(7) a person may operate a waste tire collection center if:
4154	7999		(A) Fewer than 1,500 used tires are kept on the premises; or
4155	8000		(B) 1,500 or more used tires are kept on the premises, if the owner
4156	8001		demonstrates through sales and inventory records that such tires have
4157	8002		value, as established in accordance with standards adopted by rules and
4158	8003		regulations of the secretary;
4159	8004		(8) local units of government managing waste tires at solid waste
4160	8005		processing facilities or solid waste disposal areas permitted by the
4161		-	secretary under the authority of K.S.A. 65-3407, and amendments ~~HOUSE BILL No. 2332—page 71~~
4162		-	~~thereto,~~ may perform one or more of the following in accordance with
4163		-	~~the~~ conditions of the solid waste permit:
	8006	+	secretary under the authority of K.S.A. 65-3407, and amendments thereto,
	8007	+	may perform one or more of the following in accordance with the
	8008	+	conditions of the solid waste permit:
4164	8009		(A) Operate a waste tire collection center on the premises of the
4165	8010		permitted facility;
4166	8011		(B) operate a waste tire processing facility on the premises of the
4167	8012		permitted facility;
4168	8013		(C) act as a waste tire transporter to transport waste tires to the
4169	8014		permitted facility; or
4170	8015		(D) act as a mobile waste tire processor;
4171	8016		(9) a person may act as a waste tire transporter to transport:
4172	8017		(A) Waste tires mixed with other municipal solid waste;
4173	8018		(B) fewer than five waste tires for lawful disposal;
4174	8019		(C) waste tires generated by the business, farming activities of the
4175	8020		person or the person's employer;
4176	8021		(D) waste tires for a beneficial use approved by statute, rules and
4177	8022		regulations, or by the secretary;
4178	8023		(E) waste tires from an illegal waste tire accumulation to a person
4179		-	who has been issued a permit by the secretary pursuant to K.S.A. 65-
4180		-	~~3407~~ or 65-3424b, and amendments thereto, provided approval has
4181		-	~~been~~ obtained from the secretary; or
	8024	+	who has been issued a permit by the secretary pursuant to K.S.A. 65-3407
	8025	+	or 65-3424b, and amendments thereto, provided approval has been
	8026	+	obtained from the secretary; or
4182	8027		(F) five to 50 waste tires for lawful disposal, provided the
4183		-	transportation act is a one time occurrence to abate a legal
4184		-	accumulation of waste tires; or
4185		-	(10) a tire retailer that in the ordinary course of business also
4186		-	serves as a tire wholesaler to other tire retailers may act as a waste tire
4187		-	transporter to transport waste tires from those retailers back to a central
4188		-	location owned or operated by the wholesaler for consolidation and
4189		-	final disposal or recycling.
4190		-	(f) All fees collected by the secretary pursuant to this section shall
4191		-	be remitted to the state treasurer in accordance with the provisions of
4192		-	K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
4193		-	remittance, the state treasurer shall deposit the entire amount in the
4194		-	state treasury to the credit of the waste tire management fund.
4195		-	Sec. 114. K.S.A. 65-5703 is hereby amended to read as follows:
4196		-	65-5703. (a) There is hereby created the state emergency response
4197		-	commission for the purpose of carrying out all requirements of the
4198		-	federal act and for the purpose of providing assistance in the
4199		-	coordination of state agency activities relating to:
	8028	+	transportation act is a one time occurrence to abate a legal accumulation of
	8029	+	waste tires; or
	8030	+	(10) a tire retailer that in the ordinary course of business also serves
	8031	+	as a tire wholesaler to other tire retailers may act as a waste tire transporter
	8032	+	to transport waste tires from those retailers back to a central location
	8033	+	owned or operated by the wholesaler for consolidation and final disposal
	8034	+	or recycling.
	8035	+	1
	8036	+	2
	8037	+	3
	8038	+	4
	8039	+	5
	8040	+	6
	8041	+	7
	8042	+	8
	8043	+	9
	8044	+	10
	8045	+	11
	8046	+	12
	8047	+	13
	8048	+	14
	8049	+	15
	8050	+	16
	8051	+	17
	8052	+	18
	8053	+	19
	8054	+	20
	8055	+	21
	8056	+	22
	8057	+	23
	8058	+	24
	8059	+	25
	8060	+	26
	8061	+	27
	8062	+	28
	8063	+	29
	8064	+	30
	8065	+	31
	8066	+	32
	8067	+	33
	8068	+	34
	8069	+	35
	8070	+	36
	8071	+	37
	8072	+	38
	8073	+	39
	8074	+	40
	8075	+	41
	8076	+	42
	8077	+	43 HB 2332 95
	8078	+	(f) All fees collected by the secretary pursuant to this section shall be
	8079	+	remitted to the state treasurer in accordance with the provisions of K.S.A.
	8080	+	75-4215, and amendments thereto. Upon receipt of each such remittance,
	8081	+	the state treasurer shall deposit the entire amount in the state treasury to
	8082	+	the credit of the waste tire management fund.
	8083	+	Sec. 114. K.S.A. 65-5703 is hereby amended to read as follows: 65-
	8084	+	5703. (a) There is hereby created the state emergency response
	8085	+	commission for the purpose of carrying out all requirements of the federal
	8086	+	act and for the purpose of providing assistance in the coordination of state
	8087	+	agency activities relating to:
4200	8088		(1) Chemical emergency training, preparedness, and response; and
4201	8089		(2) chemical release reporting and prevention, transportation,
4202	8090		manufacture, storage, handling and use.
4203	8091		(b) The commission shall consist of:
4204	8092		(1) The following state officers or their appointed designees: The
4205		-	lieutenant governor, the secretary of wildlife, and parks and tourism,
4206		-	~~the~~ secretary of labor, the secretary of agriculture, the secretary of
4207		-	~~health and~~ environment, the adjutant general, the superintendent of the
4208		-	~~Kansas~~ highway patrol, the state fire marshal, the secretary of
4209		-	~~transportation, the~~ attorney general, the chairperson of the state
4210		-	~~corporation commission, and~~ the governor;
4211		-	(2) three members appointed by the governor to represent the
4212		-	~~general~~ public; and
4213		-	(3) two members appointed by the governor to represent owners
4214		-	~~and~~ operators of facilities regulated pursuant to this act.
	8093	+	lieutenant governor, the secretary of wildlife, and parks and tourism, the
	8094	+	secretary of labor, the secretary of agriculture, the secretary of health and
	8095	+	environment, the adjutant general, the superintendent of the Kansas
	8096	+	highway patrol, the state fire marshal, the secretary of transportation, the
	8097	+	attorney general, the chairperson of the state corporation commission, and
	8098	+	the governor;
	8099	+	(2) three members appointed by the governor to represent the general
	8100	+	public; and
	8101	+	(3) two members appointed by the governor to represent owners and
	8102	+	operators of facilities regulated pursuant to this act.
4215	8103		(c) Members of the commission appointed by the governor shall
4216	8104		serve for terms of two years. Any vacancy in the office of an appointed
4217	8105		member of the commission shall be filled for the unexpired term by
4218	8106		appointment by the governor.
4219	8107		(d) A chairperson shall be elected annually by the members of the
4220		-	commission. A vice-chairperson shall be designated by the chairperson HOUSE BILL No. 2332—page 72
4221		-	to serve in the absence of the chairperson.
4222		-	(e) Members of the commission attending meetings of such board,
4223		-	or attending a subcommittee meeting thereof authorized by such board,
4224		-	shall be paid compensation, subsistence allowances, mileage and other
4225		-	expenses as provided in K.S.A. 75-3223, and amendments thereto.
4226		-	(f) The commission shall perform such duties as are specified in
4227		-	the federal act to be performed by such commissions and, in addition
4228		-	thereto, such duties as are specified in the laws of this state or as are
4229		-	deemed necessary and appropriate by the commission to achieving its
4230		-	purposes. In accordance with the requirements of the federal act, the
4231		-	commission shall establish local planning districts, subject to approval
4232		-	by the secretary of health and environment and the adjutant general,
4233		-	and shall appoint a local planning committee for each such district.
4234		-	Local planning committees shall perform such duties as are specified in
4235		-	the federal act to be performed by such committees, and in addition
4236		-	thereto, such duties as are assigned by the commission or by any
4237		-	member of the commission acting on behalf of or at the direction of the
4238		-	commission, or as are deemed necessary and appropriate by each such
4239		-	committee to achieving its purposes. The duties of the commission and
4240		-	the local planning committees shall be performed in accordance with
4241		-	rules and regulations adopted pursuant to this act.
	8108	+	commission. A vice-chairperson shall be designated by the chairperson to
	8109	+	serve in the absence of the chairperson.
	8110	+	(e) Members of the commission attending meetings of such board, or
	8111	+	attending a subcommittee meeting thereof authorized by such board, shall
	8112	+	be paid compensation, subsistence allowances, mileage and other expenses
	8113	+	as provided in K.S.A. 75-3223, and amendments thereto.
	8114	+	(f) The commission shall perform such duties as are specified in the
	8115	+	federal act to be performed by such commissions and, in addition thereto,
	8116	+	such duties as are specified in the laws of this state or as are deemed
	8117	+	necessary and appropriate by the commission to achieving its purposes. In
	8118	+	accordance with the requirements of the federal act, the commission shall
	8119	+	establish local planning districts, subject to approval by the secretary of
	8120	+	health and environment and the adjutant general, and shall appoint a local
	8121	+	1
	8122	+	2
	8123	+	3
	8124	+	4
	8125	+	5
	8126	+	6
	8127	+	7
	8128	+	8
	8129	+	9
	8130	+	10
	8131	+	11
	8132	+	12
	8133	+	13
	8134	+	14
	8135	+	15
	8136	+	16
	8137	+	17
	8138	+	18
	8139	+	19
	8140	+	20
	8141	+	21
	8142	+	22
	8143	+	23
	8144	+	24
	8145	+	25
	8146	+	26
	8147	+	27
	8148	+	28
	8149	+	29
	8150	+	30
	8151	+	31
	8152	+	32
	8153	+	33
	8154	+	34
	8155	+	35
	8156	+	36
	8157	+	37
	8158	+	38
	8159	+	39
	8160	+	40
	8161	+	41
	8162	+	42
	8163	+	43 HB 2332 96
	8164	+	planning committee for each such district. Local planning committees
	8165	+	shall perform such duties as are specified in the federal act to be performed
	8166	+	by such committees, and in addition thereto, such duties as are assigned by
	8167	+	the commission or by any member of the commission acting on behalf of
	8168	+	or at the direction of the commission, or as are deemed necessary and
	8169	+	appropriate by each such committee to achieving its purposes. The duties
	8170	+	of the commission and the local planning committees shall be performed
	8171	+	in accordance with rules and regulations adopted pursuant to this act.
4242	8172		Sec. 115. K.S.A. 68-406 is hereby amended to read as follows: 68-
4243		-	406. (a) The secretary of transportation shall designate, adopt and
4244		-	establish and may lay out, open, relocate, alter, vacate, remove,
4245		-	redesignate and reestablish highways in every county in the state, the
4246		-	total mileage of which shall not exceed 10,000 miles. The total mileage
4247		-	of such highways in each county shall be not less than the sum of the
4248		-	north to south and east to west diameters of the county. The highways
4249		-	so designated shall connect the county seats and principal cities and
4250		-	market centers, and all such highways, including bridges and culverts
4251		-	thereon, shall comprise the state highway system. The secretary of
4252		-	transportation shall make such revisions, classifications or
4253		-	reclassifications in the state highway system as are found on the basis
4254		-	of engineering and traffic study to be necessary, and such revisions,
4255		-	classifications or reclassifications may include, after due public
	8173	+	406. (a) The secretary of transportation shall designate, adopt and establish
	8174	+	and may lay out, open, relocate, alter, vacate, remove, redesignate and
	8175	+	reestablish highways in every county in the state, the total mileage of
	8176	+	which shall not exceed 10,000 miles. The total mileage of such highways
	8177	+	in each county shall be not less than the sum of the north to south and east
	8178	+	to west diameters of the county. The highways so designated shall connect
	8179	+	the county seats and principal cities and market centers, and all such
	8180	+	highways, including bridges and culverts thereon, shall comprise the state
	8181	+	highway system. The secretary of transportation shall make such revisions,
	8182	+	classifications or reclassifications in the state highway system as are found
	8183	+	on the basis of engineering and traffic study to be necessary, and such
	8184	+	revisions, classifications or reclassifications may include, after due public
4256	8185		hearing, removal from the system of roads which that have little or no
4257		-	statewide significance, and the addition of roads which that have
4258		-	statewide importance and will provide relief for traffic congestion on
4259		-	existing routes on the system. All roads which that have been placed
4260		-	upon the state highway system shall be a part of the state highway
4261		-	system, but changes may be made in the state highway system when the
4262		-	public safety, convenience, economy, classification or reclassification
4263		-	requires such change. The total mileage of the state highway system
4264		-	shall not be extended except by act of the legislature. Highways
4265		-	designated under this section shall be state highways, and all other
4266		-	highways outside of the city limits of cities shall be either county roads
4267		-	or township roads as provided for by law. The state highway system
4268		-	thus designated shall be constructed, improved, reconstructed and
4269		-	maintained by the secretary of transportation from funds provided by
4270		-	law.
4271		-	(b) In addition to highways of the state highway system, the
4272		-	secretary of transportation shall designate in those cities on such system
4273		-	certain streets as city connecting links. "City connecting link" means a
4274		-	routing inside the city limits of a city which that:
	8186	+	statewide significance, and the addition of roads which that have statewide
	8187	+	importance and will provide relief for traffic congestion on existing routes
	8188	+	on the system. All roads which that have been placed upon the state
	8189	+	highway system shall be a part of the state highway system, but changes
	8190	+	may be made in the state highway system when the public safety,
	8191	+	convenience, economy, classification or reclassification requires such
	8192	+	change. The total mileage of the state highway system shall not be
	8193	+	extended except by act of the legislature. Highways designated under this
	8194	+	section shall be state highways, and all other highways outside of the city
	8195	+	limits of cities shall be either county roads or township roads as provided
	8196	+	for by law. The state highway system thus designated shall be constructed,
	8197	+	improved, reconstructed and maintained by the secretary of transportation
	8198	+	from funds provided by law.
	8199	+	(b) In addition to highways of the state highway system, the secretary
	8200	+	of transportation shall designate in those cities on such system certain
	8201	+	streets as city connecting links. "City connecting link" means a routing
	8202	+	inside the city limits of a city which that:
4275	8203		(1) Connects a state highway through a city;
4276		-	(2) connects a state highway to a city connecting link of another
4277		-	~~state~~ highway;
	8204	+	(2) connects a state highway to a city connecting link of another state
	8205	+	highway;
4278	8206		(3) is a state highway which that terminates within such city;
4279		-	(4) connects a state highway with a road or highway under the HOUSE BILL No. 2332—page 73
	8207	+	1
	8208	+	2
	8209	+	3
	8210	+	4
	8211	+	5
	8212	+	6
	8213	+	7
	8214	+	8
	8215	+	9
	8216	+	10
	8217	+	11
	8218	+	12
	8219	+	13
	8220	+	14
	8221	+	15
	8222	+	16
	8223	+	17
	8224	+	18
	8225	+	19
	8226	+	20
	8227	+	21
	8228	+	22
	8229	+	23
	8230	+	24
	8231	+	25
	8232	+	26
	8233	+	27
	8234	+	28
	8235	+	29
	8236	+	30
	8237	+	31
	8238	+	32
	8239	+	33
	8240	+	34
	8241	+	35
	8242	+	36
	8243	+	37
	8244	+	38
	8245	+	39
	8246	+	40
	8247	+	41
	8248	+	42
	8249	+	43 HB 2332 97
	8250	+	(4) connects a state highway with a road or highway under the
4280	8251		jurisdiction of the Kansas turnpike authority; or
4281		-	(5) begins and ends within a city's limits and is designated as part
4282		-	of the national system of interstate and defense highways.
4283		-	(c) The secretary of transportation may mark and maintain
4284		-	existing roads as detours, but detour roads shall not be a part of the
4285		-	state highway system, except that such roads shall be marked and
4286		-	maintained by the secretary of transportation only until that portion of
4287		-	the state highway system for which such road is substituted is
4288		-	completed and open for travel.
	8252	+	(5) begins and ends within a city's limits and is designated as part of
	8253	+	the national system of interstate and defense highways.
	8254	+	(c) The secretary of transportation may mark and maintain existing
	8255	+	roads as detours, but detour roads shall not be a part of the state highway
	8256	+	system, except that such roads shall be marked and maintained by the
	8257	+	secretary of transportation only until that portion of the state highway
	8258	+	system for which such road is substituted is completed and open for travel.
4289	8259		(d) The secretary of transportation may use moneys appropriated
4290		-	from the state highway fund for the purchase of right-of-way,
4291		-	construction, improvement, reconstruction and maintenance of a
4292		-	highway over the most direct and practicable routes from state
4293		-	highways to a state lake, a federal lake or reservoir established by
4294		-	federal authority, any property managed or controlled by the Kansas
4295		-	department of wildlife, and parks and tourism, national monuments and
4296		-	national historical sites, military reservations, motor carrier inspection
4297		-	stations, approaches and connections within an urban area, as defined
4298		-	by federal highway laws, places of major scenic attractions which
4299		-	possess unusual historical interest, as defined by subsections (1) and (2)
4300		-	of K.S.A. 76-2018(1) and (2), and amendments thereto, on which the
4301		-	state now holds or may hereafter hold a long-term lease, a state
4302		-	institution, from the city limits of the nearest city to a state institution, a
4303		-	state-owned natural and scientific preserve, as defined by subsection
4304		-	(b) of K.S.A. 74-6603(b), and amendments thereto, or such road or
4305		-	roads located within the boundaries of a state park and not presently
4306		-	maintained by a federal agency as shall be designated by the secretary
4307		-	of transportation. Such highways or roads shall not be a part of the state
4308		-	highway system, and the secretary of transportation is not required to
4309		-	plan, design or construct such highways or roads in conformity with the
4310		-	standards applicable to the state highway system.
	8260	+	from the state highway fund for the purchase of right-of-way, construction,
	8261	+	improvement, reconstruction and maintenance of a highway over the most
	8262	+	direct and practicable routes from state highways to a state lake, a federal
	8263	+	lake or reservoir established by federal authority, any property managed or
	8264	+	controlled by the Kansas department of wildlife, and parks and tourism,
	8265	+	national monuments and national historical sites, military reservations,
	8266	+	motor carrier inspection stations, approaches and connections within an
	8267	+	urban area, as defined by federal highway laws, places of major scenic
	8268	+	attractions which possess unusual historical interest, as defined by
	8269	+	subsections (1) and (2) of K.S.A. 76-2018(1) and (2), and amendments
	8270	+	thereto, on which the state now holds or may hereafter hold a long-term
	8271	+	lease, a state institution, from the city limits of the nearest city to a state
	8272	+	institution, a state-owned natural and scientific preserve, as defined by
	8273	+	subsection (b) of K.S.A. 74-6603(b), and amendments thereto, or such
	8274	+	road or roads located within the boundaries of a state park and not
	8275	+	presently maintained by a federal agency as shall be designated by the
	8276	+	secretary of transportation. Such highways or roads shall not be a part of
	8277	+	the state highway system, and the secretary of transportation is not
	8278	+	required to plan, design or construct such highways or roads in conformity
	8279	+	with the standards applicable to the state highway system.
4311	8280		(e) The secretary of transportation may make reroutings of any
4312		-	portion of the state highway system if such rerouting is required in
4313		-	~~writing~~ by the United States department of transportation of the federal
4314		-	~~highway~~ administration before it will permit federal funds to be used
4315		-	~~thereon. The~~ secretary of transportation shall have control and
4316		-	~~regulation for purposes~~ of posting speed limits and establishing access
4317		-	~~and egress facilities on any~~ and all portions of streets and roads which
4318		-	~~that are, or have been, a part of~~ the state highway system, and which
4319		-	~~that have been or may be, placed~~ inside of the limits of an incorporated
4320		-	~~city by the creation of a new~~ municipality or by the extension of the
4321		-	~~limits or boundaries of any existing~~ municipality.
	8281	+	portion of the state highway system if such rerouting is required in writing
	8282	+	by the United States department of transportation of the federal highway
	8283	+	administration before it will permit federal funds to be used thereon. The
	8284	+	secretary of transportation shall have control and regulation for purposes
	8285	+	of posting speed limits and establishing access and egress facilities on any
	8286	+	and all portions of streets and roads which that are, or have been, a part of
	8287	+	the state highway system, and which that have been or may be, placed
	8288	+	inside of the limits of an incorporated city by the creation of a new
	8289	+	municipality or by the extension of the limits or boundaries of any existing
	8290	+	municipality.
4322	8291		(f) Except pursuant to article 21 of chapter 68 of Kansas Statutes
4323		-	Annotated, and amendments thereto, only the secretary of
4324		-	transportation may authorize temporary closing of any part of the state
4325		-	highway system by any person for any purpose in the interest of the
4326		-	state. Every authorization granted under this subsection shall be granted
4327		-	subject to conditions specified by the secretary to provide for:
	8292	+	Annotated, and amendments thereto, only the secretary of transportation
	8293	+	1
	8294	+	2
	8295	+	3
	8296	+	4
	8297	+	5
	8298	+	6
	8299	+	7
	8300	+	8
	8301	+	9
	8302	+	10
	8303	+	11
	8304	+	12
	8305	+	13
	8306	+	14
	8307	+	15
	8308	+	16
	8309	+	17
	8310	+	18
	8311	+	19
	8312	+	20
	8313	+	21
	8314	+	22
	8315	+	23
	8316	+	24
	8317	+	25
	8318	+	26
	8319	+	27
	8320	+	28
	8321	+	29
	8322	+	30
	8323	+	31
	8324	+	32
	8325	+	33
	8326	+	34
	8327	+	35
	8328	+	36
	8329	+	37
	8330	+	38
	8331	+	39
	8332	+	40
	8333	+	41
	8334	+	42
	8335	+	43 HB 2332 98
	8336	+	may authorize temporary closing of any part of the state highway system
	8337	+	by any person for any purpose in the interest of the state. Every
	8338	+	authorization granted under this subsection shall be granted subject to
	8339	+	conditions specified by the secretary to provide for:
4328	8340		(1) Proper detours, signing and markings;
4329		-	(2) timing which that will not unreasonably inconvenience the
4330		-	~~public;~~ and
	8341	+	(2) timing which that will not unreasonably inconvenience the public;
	8342	+	and
4331	8343		(3) such additional conditions as are appropriate to avoid
4332		-	unreasonable risk of injury to any person. Such requests shall be made
4333		-	in writing and submitted to the secretary at least five days prior to the
4334		-	~~closing~~ date. In emergencies, temporary closing may be authorized by
4335		-	~~the~~ secretary by oral communications. The secretary may waive all or
4336		-	~~any part~~ of the notice otherwise required by this subsection.
	8344	+	unreasonable risk of injury to any person. Such requests shall be made in
	8345	+	writing and submitted to the secretary at least five days prior to the closing
	8346	+	date. In emergencies, temporary closing may be authorized by the
	8347	+	secretary by oral communications. The secretary may waive all or any part
	8348	+	of the notice otherwise required by this subsection.
4337	8349		(g) Except as provided in subsection (g) (h), any person failing or
4338		-	neglecting to comply with the provisions of this subsection, upon ~~HOUSE BILL No. 2332—page 74~~
	8350	+	neglecting to comply with the provisions of this subsection, upon
4339	8351		conviction, shall be guilty of a nonperson unclassified misdemeanor.
4340		-	(g)(h) In cases of sudden emergency, temporary closing of any
4341		-	part of the state highway system may be authorized by order of a
4342		-	person designated by the board of county commissioners for an area
4343		-	outside of any city or a person designated by the governing body of a
4344		-	city for an area within such city. In such cases of sudden emergency the
4345		-	person authorizing such closing shall inform the secretary of
4346		-	transportation thereof as soon as practicable and obtain the
4347		-	authorization of the secretary for any additional time thereafter for such
4348		-	closing.
	8352	+	(g)(h) In cases of sudden emergency, temporary closing of any part of
	8353	+	the state highway system may be authorized by order of a person
	8354	+	designated by the board of county commissioners for an area outside of
	8355	+	any city or a person designated by the governing body of a city for an area
	8356	+	within such city. In such cases of sudden emergency the person authorizing
	8357	+	such closing shall inform the secretary of transportation thereof as soon as
	8358	+	practicable and obtain the authorization of the secretary for any additional
	8359	+	time thereafter for such closing.
4349	8360		Sec. 116. K.S.A. 74-134 is hereby amended to read as follows: 74-
4350	8361		134. On July 1, 1988, all books, records and other property of the joint
4351	8362		council on recreation abolished by K.S.A. 74-131, and amendments
4352		-	thereto, are hereby transferred to the custody of the Kansas department
4353		-	of wildlife, and parks and tourism.
4354		-	Sec. 117. K.S.A. 74-5,133 is hereby amended to read as follows:
4355		-	74-5,133. (a) (1) There is hereby established in the state treasury the
4356		-	Arkansas river gaging fund, which shall be administered by the
4357		-	secretary of agriculture. All expenditures from the Arkansas river
4358		-	gaging fund shall be for the operation and maintenance of:
4359		-	(A) The gages along the Arkansas river necessary to manage the
4360		-	river under the Arkansas river compact; and
4361		-	(B) the stateline groundwater gage sites in the Arkansas river
4362		-	basin necessary to manage the quantity and quality of such
4363		-	groundwater.
	8363	+	thereto, are hereby transferred to the custody of the Kansas department of
	8364	+	wildlife, and parks and tourism.
	8365	+	Sec. 117. K.S.A. 74-5,133 is hereby amended to read as follows: 74-
	8366	+	5,133. (a) (1) There is hereby established in the state treasury the Arkansas
	8367	+	river gaging fund, which shall be administered by the secretary of
	8368	+	agriculture. All expenditures from the Arkansas river gaging fund shall be
	8369	+	for the operation and maintenance of:
	8370	+	(A) The gages along the Arkansas river necessary to manage the river
	8371	+	under the Arkansas river compact; and
	8372	+	(B) the stateline groundwater gage sites in the Arkansas river basin
	8373	+	necessary to manage the quantity and quality of such groundwater.
4364	8374		(2) After all expenditures are made during the fiscal year for the
4365	8375		purposes listed in paragraph (1), then, expenditures shall be made in
4366	8376		accordance with the following priorities and subject to the expenditure
4367	8377		limitations prescribed therefor:
4368		-	(A) First, any remaining moneys authorized to be expended from
4369		-	the fund for the fiscal year shall be expended for the purposes of
4370		-	livestock market reporting in an amount not to exceed $20,000 in a
4371		-	fiscal year; and
	8378	+	(A) First, any remaining moneys authorized to be expended from the
	8379	+	1
	8380	+	2
	8381	+	3
	8382	+	4
	8383	+	5
	8384	+	6
	8385	+	7
	8386	+	8
	8387	+	9
	8388	+	10
	8389	+	11
	8390	+	12
	8391	+	13
	8392	+	14
	8393	+	15
	8394	+	16
	8395	+	17
	8396	+	18
	8397	+	19
	8398	+	20
	8399	+	21
	8400	+	22
	8401	+	23
	8402	+	24
	8403	+	25
	8404	+	26
	8405	+	27
	8406	+	28
	8407	+	29
	8408	+	30
	8409	+	31
	8410	+	32
	8411	+	33
	8412	+	34
	8413	+	35
	8414	+	36
	8415	+	37
	8416	+	38
	8417	+	39
	8418	+	40
	8419	+	41
	8420	+	42
	8421	+	43 HB 2332 99
	8422	+	fund for the fiscal year shall be expended for the purposes of livestock
	8423	+	market reporting in an amount not to exceed $20,000 in a fiscal year; and
4372	8424		(B) second, if there are any remaining moneys authorized to be
4373	8425		expended from the fund for the fiscal year after the expenditures for
4374		-	livestock market reporting, then expenditures shall be made from the
4375		-	~~fund~~ for the purpose of funding the bluestem pasture report in an
4376		-	~~amount not to~~ exceed $5,000.
	8426	+	livestock market reporting, then expenditures shall be made from the fund
	8427	+	for the purpose of funding the bluestem pasture report in an amount not to
	8428	+	exceed $5,000.
4377	8429		(3) All expenditures from the Arkansas river gaging fund shall be
4378		-	made in accordance with appropriation acts upon warrants of the
4379		-	director of accounts and reports issued pursuant to vouchers approved
4380		-	by the secretary of agriculture or the designee of the secretary of
4381		-	agriculture.
4382		-	(b) All moneys received as royalties from the state's oil and gas
4383		-	leases in Hamilton, Kearny, Finney, Gray and Ford counties, except
4384		-	those moneys arising from leases on lands under the control of the
4385		-	secretary of wildlife, and parks and tourism as provided by K.S.A. 32-
4386		-	854, and amendments thereto, shall be deposited in the state treasury in
4387		-	accordance with the provisions of K.S.A. 75-4215, and amendments
4388		-	thereto, and shall be credited to the Arkansas river gaging fund. During
4389		-	each fiscal year, when the total amount of moneys credited to the fund
4390		-	is equal to $95,000, no further moneys shall be credited to the fund.
4391		-	The remainder of the moneys received for such royalties for such fiscal
4392		-	year shall be credited to the state general fund.
4393		-	Sec. 118. K.S.A. 74-2622 is hereby amended to read as follows:
4394		-	74-2622. (a) (1) There is hereby established within and as a part of the
4395		-	Kansas water office the Kansas water authority. The authority shall be
4396		-	composed of 24 members, of whom 13 shall be appointed as follows:
4397		-	(1)(A) One member shall be appointed by the governor, subject to HOUSE BILL No. 2332—page 75
	8430	+	made in accordance with appropriation acts upon warrants of the director
	8431	+	of accounts and reports issued pursuant to vouchers approved by the
	8432	+	secretary of agriculture or the designee of the secretary of agriculture.
	8433	+	(b) All moneys received as royalties from the state's oil and gas leases
	8434	+	in Hamilton, Kearny, Finney, Gray and Ford counties, except those
	8435	+	moneys arising from leases on lands under the control of the secretary of
	8436	+	wildlife, and parks and tourism as provided by K.S.A. 32-854, and
	8437	+	amendments thereto, shall be deposited in the state treasury in accordance
	8438	+	with the provisions of K.S.A. 75-4215, and amendments thereto, and shall
	8439	+	be credited to the Arkansas river gaging fund. During each fiscal year,
	8440	+	when the total amount of moneys credited to the fund is equal to $95,000,
	8441	+	no further moneys shall be credited to the fund. The remainder of the
	8442	+	moneys received for such royalties for such fiscal year shall be credited to
	8443	+	the state general fund.
	8444	+	Sec. 118. K.S.A. 74-2622 is hereby amended to read as follows: 74-
	8445	+	2622. (a) (1) There is hereby established within and as a part of the Kansas
	8446	+	water office the Kansas water authority. The authority shall be composed
	8447	+	of 24 members, of whom 13 shall be appointed as follows:
	8448	+	(1)(A) One member shall be appointed by the governor, subject to
4398	8449		confirmation by the senate as provided in K.S.A. 75-4315b, and
4399	8450		amendments thereto. Except as provided by K.S.A. 46-2601, and
4400	8451		amendments thereto, such person shall not exercise any power, duty or
4401		-	function as a member or chairperson of the water authority until
4402		-	~~confirmed~~ by the senate. Such member shall serve at the pleasure of the
4403		-	~~governor and~~ shall be the chairperson of the authority;
	8452	+	function as a member or chairperson of the water authority until confirmed
	8453	+	by the senate. Such member shall serve at the pleasure of the governor and
	8454	+	shall be the chairperson of the authority;
4404	8455		(2)(B) except as provided by subsection (b), 10 members shall be
4405	8456		appointed by the governor for terms of four years. Of the members
4406	8457		appointed under this provision one shall be a representative of large
4407	8458		municipal water users, one shall be representative of small municipal
4408	8459		water users, one shall be a board member of a western Kansas
4409	8460		groundwater management district, one shall be a board member of a
4410		-	central Kansas groundwater management district, one shall be a
4411		-	member of the Kansas association of conservation districts, one shall be
4412		-	representative of industrial water users, one shall be a member of the
4413		-	state association of watershed districts, one shall have a demonstrated
	8461	+	central Kansas groundwater management district, one shall be a member
	8462	+	of the Kansas association of conservation districts, one shall be
	8463	+	representative of industrial water users, one shall be a member of the state
	8464	+	association of watershed districts, one shall have a demonstrated
	8465	+	1
	8466	+	2
	8467	+	3
	8468	+	4
	8469	+	5
	8470	+	6
	8471	+	7
	8472	+	8
	8473	+	9
	8474	+	10
	8475	+	11
	8476	+	12
	8477	+	13
	8478	+	14
	8479	+	15
	8480	+	16
	8481	+	17
	8482	+	18
	8483	+	19
	8484	+	20
	8485	+	21
	8486	+	22
	8487	+	23
	8488	+	24
	8489	+	25
	8490	+	26
	8491	+	27
	8492	+	28
	8493	+	29
	8494	+	30
	8495	+	31
	8496	+	32
	8497	+	33
	8498	+	34
	8499	+	35
	8500	+	36
	8501	+	37
	8502	+	38
	8503	+	39
	8504	+	40
	8505	+	41
	8506	+	42
	8507	+	43 HB 2332 100
4414	8508		background and interest in water use conservation and environmental
4415		-	issues, and two shall be representative of the general public. The
4416		-	member who is representative of large municipal water users shall be
4417		-	appointed from three nominations submitted by the league of Kansas
4418		-	municipalities. The member who is representative of small municipal
4419		-	water users shall be appointed from three nominations submitted by the
4420		-	Kansas rural water district's association. The member who is
4421		-	representative of a western Kansas groundwater management district
4422		-	shall be appointed from three nominations submitted by the presidents
4423		-	of the groundwater management district boards No. 1, 3 and 4. The
4424		-	member who is representative of a central Kansas groundwater
4425		-	management district shall be appointed from three nominations
4426		-	submitted by the presidents of the groundwater management district
4427		-	boards No. 2 and 5. The member who is representative of industrial
4428		-	water users shall be appointed from three nominations submitted by the
4429		-	Kansas association of commerce and industry. The member who is
4430		-	representative of the state association of watershed districts shall be
	8509	+	issues, and two shall be representative of the general public. The member
	8510	+	who is representative of large municipal water users shall be appointed
	8511	+	from three nominations submitted by the league of Kansas municipalities.
	8512	+	The member who is representative of small municipal water users shall be
	8513	+	appointed from three nominations submitted by the Kansas rural water
	8514	+	district's association. The member who is representative of a western
	8515	+	Kansas groundwater management district shall be appointed from three
	8516	+	nominations submitted by the presidents of the groundwater management
	8517	+	district boards No. 1, 3 and 4. The member who is representative of a
	8518	+	central Kansas groundwater management district shall be appointed from
	8519	+	three nominations submitted by the presidents of the groundwater
	8520	+	management district boards No. 2 and 5. The member who is
	8521	+	representative of industrial water users shall be appointed from three
	8522	+	nominations submitted by the Kansas association of commerce and
	8523	+	industry. The member who is representative of the state association of
	8524	+	watershed districts shall be appointed from three nominations submitted by
	8525	+	the state association of watershed districts. The member who is
	8526	+	representative of the Kansas association of conservation districts shall be
4431	8527		appointed from three nominations submitted by the state association of
4432		-	watershed districts. The member who is representative of the Kansas
4433		-	association of conservation districts shall be appointed from three
4434		-	nominations submitted by the state association of conservation districts.
4435		-	If the governor cannot make an appointment from the original
4436		-	nominations, the nominating authority shall be so advised and, within
4437		-	30 days thereafter, shall submit three new nominations. Members
	8528	+	conservation districts. If the governor cannot make an appointment from
	8529	+	the original nominations, the nominating authority shall be so advised and,
	8530	+	within 30 days thereafter, shall submit three new nominations. Members
4438	8531		appointed by the governor shall be selected with special reference to
4439		-	training and experience with respect to the functions of the Kansas
4440		-	~~water~~ authority, and no more than six of such members shall belong to
4441		-	~~the same~~ political party;
4442		-	(3)(C) one member shall be appointed by the president of the
4443		-	~~senate~~ for a term of two years; and
4444		-	(4)(D) one member shall be appointed by the speaker of the house
4445		-	of representatives for a term of two years. The state geologist, the state
	8532	+	training and experience with respect to the functions of the Kansas water
	8533	+	authority, and no more than six of such members shall belong to the same
	8534	+	political party;
	8535	+	(3)(C) one member shall be appointed by the president of the senate
	8536	+	for a term of two years; and
	8537	+	(4)(D) one member shall be appointed by the speaker of the house of
	8538	+	representatives for a term of two years. The state geologist, the state
4446	8539		biologist, the chief engineer of the division of water resources of the
4447	8540		Kansas department of agriculture, the director of the division of
4448		-	environment of the department of health and environment, the
4449		-	chairperson of the state corporation commission, the secretary of
4450		-	commerce, the director of the Kansas water office, the secretary of
4451		-	wildlife, and parks and tourism, the administrative officer of the state
4452		-	conservation commission, the secretary of agriculture and the director
4453		-	of the agricultural experiment stations of Kansas state university of
4454		-	agriculture and applied science shall be nonvoting members ex officio
4455		-	of the authority. The director of the Kansas water office shall serve as
4456		-	the secretary of the authority. HOUSE BILL No. 2332—page 76
4457		-	(b) A member appointed pursuant to subsection (a)(2) (a)(1)(B)
4458		-	shall be appointed for a term expiring on January 15 of the fourth
4459		-	calendar year following appointment and until a successor is appointed
4460		-	and qualified.
	8541	+	environment of the department of health and environment, the chairperson
	8542	+	of the state corporation commission, the secretary of commerce, the
	8543	+	director of the Kansas water office, the secretary of wildlife, and parks and
	8544	+	tourism, the administrative officer of the state conservation commission,
	8545	+	the secretary of agriculture and the director of the agricultural experiment
	8546	+	stations of Kansas state university of agriculture and applied science shall
	8547	+	be nonvoting members ex officio of the authority. The director of the
	8548	+	Kansas water office shall serve as the secretary of the authority.
	8549	+	(b) A member appointed pursuant to subsection (a)(2) (a)(1)(B) shall
	8550	+	be appointed for a term expiring on January 15 of the fourth calendar year
	8551	+	1
	8552	+	2
	8553	+	3
	8554	+	4
	8555	+	5
	8556	+	6
	8557	+	7
	8558	+	8
	8559	+	9
	8560	+	10
	8561	+	11
	8562	+	12
	8563	+	13
	8564	+	14
	8565	+	15
	8566	+	16
	8567	+	17
	8568	+	18
	8569	+	19
	8570	+	20
	8571	+	21
	8572	+	22
	8573	+	23
	8574	+	24
	8575	+	25
	8576	+	26
	8577	+	27
	8578	+	28
	8579	+	29
	8580	+	30
	8581	+	31
	8582	+	32
	8583	+	33
	8584	+	34
	8585	+	35
	8586	+	36
	8587	+	37
	8588	+	38
	8589	+	39
	8590	+	40
	8591	+	41
	8592	+	42
	8593	+	43 HB 2332 101
	8594	+	following appointment and until a successor is appointed and qualified.
4461	8595		(c) In the case of a vacancy in the appointed membership of the
4462		-	Kansas water authority, the vacancy shall be filled for the unexpired
4463		-	~~term~~ by appointment in the same manner that the original appointment
4464		-	~~was~~ made. Appointed members of the authority attending regular or
4465		-	~~special~~ meetings thereof shall be paid compensation, subsistence
4466		-	~~allowances,~~ mileage and other expenses as provided in K.S.A. 75-3223,
4467		-	~~and~~ amendments thereto.
	8596	+	Kansas water authority, the vacancy shall be filled for the unexpired term
	8597	+	by appointment in the same manner that the original appointment was
	8598	+	made. Appointed members of the authority attending regular or special
	8599	+	meetings thereof shall be paid compensation, subsistence allowances,
	8600	+	mileage and other expenses as provided in K.S.A. 75-3223, and
	8601	+	amendments thereto.
4468	8602		(d) The Kansas water authority shall:
4469		-	(1) Consult with and be advisory to the governor, the legislature
4470		-	~~and~~ the director of the Kansas water office.
	8603	+	(1) Consult with and be advisory to the governor, the legislature and
	8604	+	the director of the Kansas water office.
4471	8605		(2) Review plans for the development, management and use of the
4472	8606		water resources of the state by any state or local agency.
4473		-	(3) Make a study of the laws of this state, other states and the
4474		-	federal government relating to conservation and development of water
4475		-	resources, appropriation of water for beneficial use, flood control,
4476		-	construction of levees, drainage, irrigation, soil conservation, watershed
4477		-	development, stream control, gauging of stream and stream pollution
4478		-	for the purpose of determining the necessity or advisability of the
4479		-	enactment of new or amendatory legislation in this state on such
4480		-	subjects.
	8607	+	(3) Make a study of the laws of this state, other states and the federal
	8608	+	government relating to conservation and development of water resources,
	8609	+	appropriation of water for beneficial use, flood control, construction of
	8610	+	levees, drainage, irrigation, soil conservation, watershed development,
	8611	+	stream control, gauging of stream and stream pollution for the purpose of
	8612	+	determining the necessity or advisability of the enactment of new or
	8613	+	amendatory legislation in this state on such subjects.
4481	8614		(4) Make recommendations to other state agencies and political
4482		-	subdivisions of the state for the coordination of their activities relating
4483		-	to flood control, construction of levees, drainage, irrigation, soil
4484		-	conservation, watershed development, stream control, gauging of
4485		-	stream, stream pollution and groundwater studies.
4486		-	(5) Make recommendations to each regular session of the
4487		-	legislature and to the governor at such times as the authority considers
4488		-	advisable concerning necessary or advisable legislation relating to any
4489		-	of the matters or subjects which that it is required by this act to study
4490		-	for the purpose of making recommendations to the legislature. All such
4491		-	recommendations to the legislature shall be in drafted bill form together
4492		-	with such explanatory information and data as the authority considers
4493		-	advisable.
	8615	+	subdivisions of the state for the coordination of their activities relating to
	8616	+	flood control, construction of levees, drainage, irrigation, soil
	8617	+	conservation, watershed development, stream control, gauging of stream,
	8618	+	stream pollution and groundwater studies.
	8619	+	(5) Make recommendations to each regular session of the legislature
	8620	+	and to the governor at such times as the authority considers advisable
	8621	+	concerning necessary or advisable legislation relating to any of the matters
	8622	+	or subjects which that it is required by this act to study for the purpose of
	8623	+	making recommendations to the legislature. All such recommendations to
	8624	+	the legislature shall be in drafted bill form together with such explanatory
	8625	+	information and data as the authority considers advisable.
4494	8626		(6) Approve, prior to submission to the legislature by the Kansas
4495	8627		water office or its director:
4496		-	(A) Any contract entered into pursuant to the state water plan
4497		-	~~storage~~ act;
	8628	+	(A) Any contract entered into pursuant to the state water plan storage
	8629	+	act;
4498	8630		(B) any amendments to the state water plan or the state water
4499	8631		planning act; and
4500	8632		(C) any other legislation concerning water resources of the state.
4501	8633		(7) Approve, before they become effective, any policy changes
4502	8634		proposed by the Kansas water office concerning the pricing of water for
4503	8635		sale pursuant to the state water plan storage act.
4504		-	(8) Approve, before it becomes effective, any agreement entered
4505		-	into with the federal government by the Kansas water office.
4506		-	(9) Request any agency of the state, which shall have the duty
4507		-	upon that request, to submit its budget estimate pertaining to the state's
4508		-	water resources and any plans or programs related thereto and, upon the
	8636	+	(8) Approve, before it becomes effective, any agreement entered into
	8637	+	1
	8638	+	2
	8639	+	3
	8640	+	4
	8641	+	5
	8642	+	6
	8643	+	7
	8644	+	8
	8645	+	9
	8646	+	10
	8647	+	11
	8648	+	12
	8649	+	13
	8650	+	14
	8651	+	15
	8652	+	16
	8653	+	17
	8654	+	18
	8655	+	19
	8656	+	20
	8657	+	21
	8658	+	22
	8659	+	23
	8660	+	24
	8661	+	25
	8662	+	26
	8663	+	27
	8664	+	28
	8665	+	29
	8666	+	30
	8667	+	31
	8668	+	32
	8669	+	33
	8670	+	34
	8671	+	35
	8672	+	36
	8673	+	37
	8674	+	38
	8675	+	39
	8676	+	40
	8677	+	41
	8678	+	42
	8679	+	43 HB 2332 102
	8680	+	with the federal government by the Kansas water office.
	8681	+	(9) Request any agency of the state, which shall have the duty upon
	8682	+	that request, to submit its budget estimate pertaining to the state's water
	8683	+	resources and any plans or programs related thereto and, upon the
4509	8684		authority's receipt of such budget estimate, review and evaluate it and
4510	8685		furnish recommendations relating thereto to the governor and the
4511	8686		legislature.
4512		-	(10) Approve, prior to adoption by the director of the Kansas
4513		-	water office, rules and regulations authorized by law to be adopted.
4514		-	(11) Approve, prior to adoption by the director of the Kansas
4515		-	water office, guidelines for conservation plans and practices developed HOUSE BILL No. 2332—page 77
4516		-	pursuant to subsection (c) of K.S.A. 74-2608(c), and amendments
4517		-	thereto.
	8687	+	(10) Approve, prior to adoption by the director of the Kansas water
	8688	+	office, rules and regulations authorized by law to be adopted.
	8689	+	(11) Approve, prior to adoption by the director of the Kansas water
	8690	+	office, guidelines for conservation plans and practices developed pursuant
	8691	+	to subsection (c) of K.S.A. 74-2608(c), and amendments thereto.
4518	8692		(e) The Kansas water authority may appoint citizens' advisory
4519		-	committees to study and advise on any subjects upon which the
4520		-	authority is required or authorized by this act to study or make
4521		-	recommendations.
	8693	+	committees to study and advise on any subjects upon which the authority
	8694	+	is required or authorized by this act to study or make recommendations.
4522	8695		(f) The provisions of the Kansas governmental operations
4523		-	accountability law apply to the Kansas water authority, and the
4524		-	~~authority is~~ subject to audit, review and evaluation under such law.
4525		-	Sec. 119. K.S.A. 74-3322 is hereby amended to read as follows:
4526		-	~~74-~~3322. (a) The state forestry, fish and game commission is hereby
	8696	+	accountability law apply to the Kansas water authority, and the authority is
	8697	+	subject to audit, review and evaluation under such law.
	8698	+	Sec. 119. K.S.A. 74-3322 is hereby amended to read as follows: 74-
	8699	+	3322. (a) The state forestry, fish and game commission is hereby
4527	8700		empowered and directed to convey by quitclaim deed, without
4528		-	consideration, to the city of Oberlin, Kansas, all of the following
4529		-	~~described~~ real estate located in Decatur county, Kansas, to wit:
	8701	+	consideration, to the city of Oberlin, Kansas, all of the following described
	8702	+	real estate located in Decatur county, Kansas, to wit:
4530	8703		All that part of the E1/2 SE1/4 Sec. 31 and all that part of the W1/2
4531		-	W1/2 SW1/4 Sec. 32, Twp. 2, South, Range 28, West 6th P.M. lying
4532		-	North of the C.B.&Q. Railroad Right-of-Way. Containing 112 acres
4533		-	more or less.
	8704	+	W1/2 SW1/4 Sec. 32, Twp. 2, South, Range 28, West 6th P.M. lying North
	8705	+	of the C.B.&Q. Railroad Right-of-Way. Containing 112 acres more or less.
4534	8706		The SW1/4 NW1/4 Sec. 32, Twp. 2 South, Range 28 West 6th P.M.
4535		-	Also a tract of land out of the SW1/4 NE1/4 Sec. 31, Twp. 2 South,
4536		-	Range 28 West 6th P.M. more particularly described as follows:
4537		-	Beginning at the southeast corner of the SW1/4 NE1/4 of said Sec. 31,
4538		-	thence north parallel with the East line of Sec. 31, 405 feet, thence in a
4539		-	southwesterly direction 114°13′ a distance of 1003 feet to intersect the
4540		-	south line of said NE1/4, this point being 396 feet east of the southwest
4541		-	corner of the NE1/4, thence east along the south line of the NE1/4 924
4542		-	feet to place of beginning.
4543		-	The E1/2 NE1/4 Sec. 31, Twp. 2 South, Range 28 West 6th P.M.
4544		-	except a tract of land described as follows: Beginning at a point 1072.5
4545		-	feet west of the Northeast corner of the NE1/4 thence south parallel
4546		-	with the East line of the NE1/4 1485 feet, thence West at right angles
4547		-	247.5 feet, thence north parallel with the east line of said NE1/4 1485
4548		-	feet, thence East at right angles and along the north line of said NE1/4
4549		-	247.5 feet to place of beginning; total acreage conveyed 116.1 acres
4550		-	more or less.
4551		-	A tract of land out of the NW1/4 SE1/4 Sec. 31, Twp. 2 South,
4552		-	Range 28 West 6th P.M. more particularly described as follows:
4553		-	Commencing at the Northeast corner of the NW1/4 SE1/4 Sec. 31,
4554		-	Twp. 2 South, Range 28, West 6th P.M., thence west along the north
4555		-	line of said NW1/4 SE1/4 56 rods; thence south at right angles 70 rods,
4556		-	thence east at right angles 56 rods, thence north along the East line of
4557		-	said NW1/4 SE1/4 70 rods to the place of beginning, containing about
4558		-	24 1/2 acres more or less.
4559		-	A tract of land out of the NW1/4 SE1/4 Sec. 31, Twp. 2 South,
4560		-	Range 28 West 6th P.M. more particularly described as follows:
4561		-	Beginning at the Northwest corner of the SE1/4 of said Sec. 31, thence
4562		-	East along said half section line 24 rods, thence south at right angles 70
4563		-	rods, thence West at right angles and parallel with the North line of said
4564		-	SE1/4 24 rods, thence North along the half section line 70 rods to place
4565		-	of beginning. Containing 10.5 acres more or less.
	8707	+	Also a tract of land out of the SW1/4 NE1/4 Sec. 31, Twp. 2 South, Range
	8708	+	28 West 6th P.M. more particularly described as follows: Beginning at the
	8709	+	southeast corner of the SW1/4 NE1/4 of said Sec. 31, thence north parallel
	8710	+	with the East line of Sec. 31, 405 feet, thence in a southwesterly direction
	8711	+	114°13′ a distance of 1003 feet to intersect the south line of said NE1/4,
	8712	+	this point being 396 feet east of the southwest corner of the NE1/4, thence
	8713	+	east along the south line of the NE1/4 924 feet to place of beginning.
	8714	+	The E1/2 NE1/4 Sec. 31, Twp. 2 South, Range 28 West 6th P.M. except
	8715	+	a tract of land described as follows: Beginning at a point 1072.5 feet west
	8716	+	of the Northeast corner of the NE1/4 thence south parallel with the East
	8717	+	line of the NE1/4 1485 feet, thence West at right angles 247.5 feet, thence
	8718	+	north parallel with the east line of said NE1/4 1485 feet, thence East at
	8719	+	right angles and along the north line of said NE1/4 247.5 feet to place of
	8720	+	beginning; total acreage conveyed 116.1 acres more or less.
	8721	+	A tract of land out of the NW1/4 SE1/4 Sec. 31, Twp. 2 South, Range
	8722	+	28 West 6th P.M. more particularly described as follows: Commencing at
	8723	+	1
	8724	+	2
	8725	+	3
	8726	+	4
	8727	+	5
	8728	+	6
	8729	+	7
	8730	+	8
	8731	+	9
	8732	+	10
	8733	+	11
	8734	+	12
	8735	+	13
	8736	+	14
	8737	+	15
	8738	+	16
	8739	+	17
	8740	+	18
	8741	+	19
	8742	+	20
	8743	+	21
	8744	+	22
	8745	+	23
	8746	+	24
	8747	+	25
	8748	+	26
	8749	+	27
	8750	+	28
	8751	+	29
	8752	+	30
	8753	+	31
	8754	+	32
	8755	+	33
	8756	+	34
	8757	+	35
	8758	+	36
	8759	+	37
	8760	+	38
	8761	+	39
	8762	+	40
	8763	+	41
	8764	+	42
	8765	+	43 HB 2332 103
	8766	+	the Northeast corner of the NW1/4 SE1/4 Sec. 31, Twp. 2 South, Range
	8767	+	28, West 6th P.M., thence west along the north line of said NW1/4 SE1/4
	8768	+	56 rods; thence south at right angles 70 rods, thence east at right angles 56
	8769	+	rods, thence north along the East line of said NW1/4 SE1/4 70 rods to the
	8770	+	place of beginning, containing about 24 1/2 acres more or less.
	8771	+	A tract of land out of the NW1/4 SE1/4 Sec. 31, Twp. 2 South, Range
	8772	+	28 West 6th P.M. more particularly described as follows: Beginning at the
	8773	+	Northwest corner of the SE1/4 of said Sec. 31, thence East along said half
	8774	+	section line 24 rods, thence south at right angles 70 rods, thence West at
	8775	+	right angles and parallel with the North line of said SE1/4 24 rods, thence
	8776	+	North along the half section line 70 rods to place of beginning. Containing
	8777	+	10.5 acres more or less.
4566	8778		NW1/4 NW1/4; E1/2 NW1/4; W1/2 W1/2 NE1/4 Sec. 32, Twp. 2,
4567	8779		Range 28, West of the 6th P.M.
4568		-	A tract of land described as follows: Beginning at the Southwest
4569		-	corner of the SW1/4 of Sec. 29, Twp. 2 South, Range 28 West 6th P.M.
4570		-	thence North along and upon the West line of said SW1/4 95 feet,
4571		-	thence East at right angles and parallel with the South line of said
4572		-	SW1/4 575 feet, thence in a northeasterly direction at an angle of
4573		-	27°15′ left 490 feet, thence North at an angle of 29°15′ left 639 feet,
4574		-	thence East at an angle of 46°30′ right 1288 feet to the East line of said HOUSE BILL No. 2332—page 78
4575		-	SW1/4, thence South along and upon the East line of said SW1/4 855
4576		-	feet to the Southeast corner of the SW1/4; thence West along and upon
4577		-	the South line of said SW1/4 2640 feet to place of beginning.
4578		-	A tract of land out of the SE1/4 Sec. 29, Twp. 2 South, Range 28,
4579		-	West 6th P.M. more particularly described as follows: Beginning at the
4580		-	Southwest corner of the SE1/4 of Sec. 29, in Twp. 2, Range 28, West
4581		-	6th P.M. thence North along the half section line 855 feet, thence East
4582		-	at right angle and parallel with South line of said Section 1019 feet,
4583		-	thence South at right angle and parallel with East line of said Section
4584		-	855 feet, thence West along the South line of said section 1019 feet to
4585		-	place of beginning, containing 20 acres more or less.
4586		-	A tract of land out of the NE1/4 of Sec. 32, Twp. 2, Range 28 West
4587		-	of the 6th P.M. described as follows: Beginning at a point 1224.7 feet
4588		-	north of the southeast corner of the W1/2 W1/2 NE1/4 of said Sec. 32,
4589		-	thence northeasterly at an angle of 59°23′ right, 170.6 feet, thence north
4590		-	at an angle of 61°54′ left, 123.3 feet, thence northwesterly at an angle
4591		-	of 25°48′ left, 298.5 feet, to the east line of the W1/2 W1/2 NE1/4 of
4592		-	said Sec. 32, thence south 473.9 feet, along said line to point of
4593		-	beginning. Containing .98 acre more or less.
4594		-	(b) The instruments of conveyance of such real estate authorized
4595		-	by this act shall be executed in the name of the state forestry, fish and
4596		-	game commission by its chairman and secretary.
	8780	+	A tract of land described as follows: Beginning at the Southwest corner
	8781	+	of the SW1/4 of Sec. 29, Twp. 2 South, Range 28 West 6th P.M. thence
	8782	+	North along and upon the West line of said SW1/4 95 feet, thence East at
	8783	+	right angles and parallel with the South line of said SW1/4 575 feet, thence
	8784	+	in a northeasterly direction at an angle of 27°15′ left 490 feet, thence North
	8785	+	at an angle of 29°15′ left 639 feet, thence East at an angle of 46°30′ right
	8786	+	1288 feet to the East line of said SW1/4, thence South along and upon the
	8787	+	East line of said SW1/4 855 feet to the Southeast corner of the SW1/4;
	8788	+	thence West along and upon the South line of said SW1/4 2640 feet to
	8789	+	place of beginning.
	8790	+	A tract of land out of the SE1/4 Sec. 29, Twp. 2 South, Range 28, West
	8791	+	6th P.M. more particularly described as follows: Beginning at the
	8792	+	Southwest corner of the SE1/4 of Sec. 29, in Twp. 2, Range 28, West 6th
	8793	+	P.M. thence North along the half section line 855 feet, thence East at right
	8794	+	angle and parallel with South line of said Section 1019 feet, thence South
	8795	+	at right angle and parallel with East line of said Section 855 feet, thence
	8796	+	West along the South line of said section 1019 feet to place of beginning,
	8797	+	containing 20 acres more or less.
	8798	+	A tract of land out of the NE1/4 of Sec. 32, Twp. 2, Range 28 West of
	8799	+	the 6th P.M. described as follows: Beginning at a point 1224.7 feet north
	8800	+	of the southeast corner of the W1/2 W1/2 NE1/4 of said Sec. 32, thence
	8801	+	northeasterly at an angle of 59°23′ right, 170.6 feet, thence north at an
	8802	+	angle of 61°54′ left, 123.3 feet, thence northwesterly at an angle of 25°48′
	8803	+	left, 298.5 feet, to the east line of the W1/2 W1/2 NE1/4 of said Sec. 32,
	8804	+	thence south 473.9 feet, along said line to point of beginning. Containing .
	8805	+	98 acre more or less.
	8806	+	(b) The instruments of conveyance of such real estate authorized by
	8807	+	this act shall be executed in the name of the state forestry, fish and game
	8808	+	commission by its chairman and secretary.
	8809	+	1
	8810	+	2
	8811	+	3
	8812	+	4
	8813	+	5
	8814	+	6
	8815	+	7
	8816	+	8
	8817	+	9
	8818	+	10
	8819	+	11
	8820	+	12
	8821	+	13
	8822	+	14
	8823	+	15
	8824	+	16
	8825	+	17
	8826	+	18
	8827	+	19
	8828	+	20
	8829	+	21
	8830	+	22
	8831	+	23
	8832	+	24
	8833	+	25
	8834	+	26
	8835	+	27
	8836	+	28
	8837	+	29
	8838	+	30
	8839	+	31
	8840	+	32
	8841	+	33
	8842	+	34
	8843	+	35
	8844	+	36
	8845	+	37
	8846	+	38
	8847	+	39
	8848	+	40
	8849	+	41
	8850	+	42
	8851	+	43 HB 2332 104
4597	8852		(c) As soon as is practicable after the effective date of this act, The
4598	8853		secretary of wildlife, and parks and tourism shall convey by quitclaim
4599		-	deed, without consideration, any title or interest of the Kansas
4600		-	~~department~~ of wildlife, and parks and tourism in the property described
4601		-	~~in subsection~~ (a).
4602		-	Sec. 120. K.S.A. 74-4722 is hereby amended to read as follows:
4603		-	~~74-~~4722. (a) The Kansas department of wildlife, and parks and tourism
4604		-	~~shall~~ purchase vessel liability insurance for the protection and benefit
4605		-	~~of the~~ state, the department and officers, agents and employees of the
4606		-	~~department~~ responsible for the operation of vessels owned, operated,
4607		-	~~maintained or~~ controlled by the department, and of persons while riding
4608		-	~~in or upon such~~ vessels.
4609		-	(b) As used in this section, the term "vessel" includes motorized
4610		-	~~and~~ nonmotorized vessels, and other methods of aquatic transportation
4611		-	~~used by~~ the department.
4612		-	Sec. 121. K.S.A. 74-4911f is hereby amended to read as follows:
4613		-	~~74-~~4911f. (a) Subject to procedures or limitations prescribed by the
4614		-	~~governor,~~ any person who is not an employee and who becomes a state
4615		-	~~officer may~~ elect to not become a member of the system. The election
4616		-	~~to not become a~~ member of the system must be filed within 90 days of
4617		-	~~assuming the~~ position of state officer. Such election shall be
4618		-	~~irrevocable. If such election~~ is not filed by such state officer, such state
4619		-	~~officer shall be a member of the~~ system.
	8854	+	deed, without consideration, any title or interest of the Kansas department
	8855	+	of wildlife, and parks and tourism in the property described in subsection
	8856	+	(a).
	8857	+	Sec. 120. K.S.A. 74-4722 is hereby amended to read as follows: 74-
	8858	+	4722. (a) The Kansas department of wildlife, and parks and tourism shall
	8859	+	purchase vessel liability insurance for the protection and benefit of the
	8860	+	state, the department and officers, agents and employees of the department
	8861	+	responsible for the operation of vessels owned, operated, maintained or
	8862	+	controlled by the department, and of persons while riding in or upon such
	8863	+	vessels.
	8864	+	(b) As used in this section, the term "vessel" includes motorized and
	8865	+	nonmotorized vessels, and other methods of aquatic transportation used by
	8866	+	the department.
	8867	+	Sec. 121. K.S.A. 74-4911f is hereby amended to read as follows: 74-
	8868	+	4911f. (a) Subject to procedures or limitations prescribed by the governor,
	8869	+	any person who is not an employee and who becomes a state officer may
	8870	+	elect to not become a member of the system. The election to not become a
	8871	+	member of the system must be filed within 90 days of assuming the
	8872	+	position of state officer. Such election shall be irrevocable. If such election
	8873	+	is not filed by such state officer, such state officer shall be a member of the
	8874	+	system.
4620	8875		(b) Any such state officer who is a member of the Kansas public
4621		-	employees retirement system, on or after the effective date of this act,
4622		-	~~may~~ elect to not be a member by filing an election with the office of the
	8876	+	employees retirement system, on or after the effective date of this act, may
	8877	+	elect to not be a member by filing an election with the office of the
4623	8878		retirement system. The election to not become a member of the system
4624	8879		must be filed within 90 days of assuming the position of state officer. If
4625		-	such election is not filed by such state officer, such state officer shall be
4626		-	a member of the system.
	8880	+	such election is not filed by such state officer, such state officer shall be a
	8881	+	member of the system.
4627	8882		(c) Subject to limitations prescribed by the board, the state agency
4628	8883		employing any employee who has filed an election as provided under
4629		-	subsection (a) or (b) and who has entered into an employee
4630		-	participation agreement, as provided in K.S.A. 74-49b10, and
4631		-	amendments thereto, for deferred compensation pursuant to the Kansas
4632		-	public employees deferred compensation plan shall contribute to such
4633		-	plan on such employee's behalf an amount equal to 8% of the HOUSE BILL No. 2332—page 79
4634		-	employee's salary, as such salary has been approved pursuant to K.S.A.
4635		-	75-2935b, and amendments thereto, or as otherwise prescribed by law.
4636		-	With regard to a state officer who is a member of the legislature who
4637		-	has retired pursuant to the Kansas public employees retirement system
4638		-	and who files an election as provided in this section, employee's salary
4639		-	means per diem compensation as provided by law as a member of the
4640		-	legislature.
	8884	+	subsection (a) or (b) and who has entered into an employee participation
	8885	+	agreement, as provided in K.S.A. 74-49b10, and amendments thereto, for
	8886	+	deferred compensation pursuant to the Kansas public employees deferred
	8887	+	compensation plan shall contribute to such plan on such employee's behalf
	8888	+	an amount equal to 8% of the employee's salary, as such salary has been
	8889	+	approved pursuant to K.S.A. 75-2935b, and amendments thereto, or as
	8890	+	otherwise prescribed by law. With regard to a state officer who is a
	8891	+	member of the legislature who has retired pursuant to the Kansas public
	8892	+	employees retirement system and who files an election as provided in this
	8893	+	section, employee's salary means per diem compensation as provided by
	8894	+	law as a member of the legislature.
	8895	+	1
	8896	+	2
	8897	+	3
	8898	+	4
	8899	+	5
	8900	+	6
	8901	+	7
	8902	+	8
	8903	+	9
	8904	+	10
	8905	+	11
	8906	+	12
	8907	+	13
	8908	+	14
	8909	+	15
	8910	+	16
	8911	+	17
	8912	+	18
	8913	+	19
	8914	+	20
	8915	+	21
	8916	+	22
	8917	+	23
	8918	+	24
	8919	+	25
	8920	+	26
	8921	+	27
	8922	+	28
	8923	+	29
	8924	+	30
	8925	+	31
	8926	+	32
	8927	+	33
	8928	+	34
	8929	+	35
	8930	+	36
	8931	+	37
	8932	+	38
	8933	+	39
	8934	+	40
	8935	+	41
	8936	+	42
	8937	+	43 HB 2332 105
4641	8938		(d) As used in this section and K.S.A. 74-4927k, and amendments
4642		-	thereto, "state officer" means the secretary of administration, secretary
4643		-	~~for~~ aging and disability services, secretary of commerce, secretary of
	8939	+	thereto, "state officer" means the secretary of administration, secretary for
	8940	+	aging and disability services, secretary of commerce, secretary of
4644	8941		corrections, secretary of health and environment, secretary of labor,
4645	8942		secretary of revenue, secretary for children and families, secretary of
4646		-	transportation, secretary of wildlife, and parks and tourism,
4647		-	superintendent of the Kansas highway patrol, secretary of agriculture,
4648		-	executive director of the Kansas lottery, executive director of the
4649		-	Kansas racing commission, president of the Kansas development
4650		-	finance authority, state fire marshal, state librarian, securities
4651		-	commissioner, adjutant general, members and chief hearing officer of
4652		-	the state board of tax appeals, members of the state corporation
4653		-	commission, any unclassified employee on the staff of officers of both
4654		-	houses of the legislature, any unclassified employee appointed to the
4655		-	governor's or lieutenant governor's staff, any person employed by the
	8943	+	transportation, secretary of wildlife, and parks and tourism, superintendent
	8944	+	of the Kansas highway patrol, secretary of agriculture, executive director
	8945	+	of the Kansas lottery, executive director of the Kansas racing commission,
	8946	+	president of the Kansas development finance authority, state fire marshal,
	8947	+	state librarian, securities commissioner, adjutant general, members and
	8948	+	chief hearing officer of the state board of tax appeals, members of the state
	8949	+	corporation commission, any unclassified employee on the staff of officers
	8950	+	of both houses of the legislature, any unclassified employee appointed to
	8951	+	the governor's or lieutenant governor's staff, any person employed by the
4656	8952		legislative branch of the state of Kansas, other than any such person
4657		-	receiving service credited under the Kansas public employees
4658		-	retirement system or any other retirement system of the state of Kansas
4659		-	therefor, who elected to be covered by the provisions of this section as
4660		-	provided in K.S.A. 46-1302(e), and amendments thereto, or who is first
4661		-	employed on or after July 1, 1996, by the legislative branch of the state
4662		-	of Kansas and any member of the legislature who has retired pursuant
4663		-	to the Kansas public employees retirement system.
4664		-	(e) The provisions of this section shall not apply to any state
4665		-	officer who has elected to remain eligible for assistance by the state
4666		-	board of regents as provided in K.S.A. 74-4925(a), and amendments
4667		-	thereto.
4668		-	Sec. 122. K.S.A. 74-5005 is hereby amended to read as follows:
4669		-	74-5005. The department shall be the lead agency of the state for
4670		-	economic development of commerce through the promotion of
4671		-	business, industry and, trade and tourism within the state. In general,
4672		-	but not by way of limitation, the department shall have, exercise and
4673		-	perform the following powers and duties:
4674		-	(a) To assume central responsibility for implementing all facets of
4675		-	a comprehensive, long-term, economic development strategy and for
	8953	+	receiving service credited under the Kansas public employees retirement
	8954	+	system or any other retirement system of the state of Kansas therefor, who
	8955	+	elected to be covered by the provisions of this section as provided in
	8956	+	K.S.A. 46-1302(e), and amendments thereto, or who is first employed on
	8957	+	or after July 1, 1996, by the legislative branch of the state of Kansas and
	8958	+	any member of the legislature who has retired pursuant to the Kansas
	8959	+	public employees retirement system.
	8960	+	(e) The provisions of this section shall not apply to any state officer
	8961	+	who has elected to remain eligible for assistance by the state board of
	8962	+	regents as provided in K.S.A. 74-4925(a), and amendments thereto.
	8963	+	Sec. 122. K.S.A. 74-5005 is hereby amended to read as follows: 74-
	8964	+	5005. The department shall be the lead agency of the state for economic
	8965	+	development of commerce through the promotion of business, industry
	8966	+	and, trade and tourism within the state. In general, but not by way of
	8967	+	limitation, the department shall have, exercise and perform the following
	8968	+	powers and duties:
	8969	+	(a) To assume central responsibility for implementing all facets of a
	8970	+	comprehensive, long-term, economic development strategy and for
4676	8971		coordinating the efforts of both state agencies and local economic
4677	8972		development groups as they relate to that objective;
4678	8973		(b) to coordinate the implementation of the strategy with all other
4679		-	state and local agencies and offices and state educational institutions
4680		-	~~which~~ do research work, develop materials and programs, gather
4681		-	~~statistics, or~~ which perform functions related to economic development;
4682		-	~~and such state~~ and local agencies and offices and state educational
4683		-	~~institutions shall~~ advise and cooperate with the department in the
4684		-	~~planning and~~ accomplishment of the purposes of this act;
	8974	+	state and local agencies and offices and state educational institutions which
	8975	+	do research work, develop materials and programs, gather statistics, or
	8976	+	which perform functions related to economic development; and such state
	8977	+	and local agencies and offices and state educational institutions shall
	8978	+	advise and cooperate with the department in the planning and
	8979	+	accomplishment of the purposes of this act;
4685	8980		(c) to advise and cooperate with all federal departments, research
	8981	+	1
	8982	+	2
	8983	+	3
	8984	+	4
	8985	+	5
	8986	+	6
	8987	+	7
	8988	+	8
	8989	+	9
	8990	+	10
	8991	+	11
	8992	+	12
	8993	+	13
	8994	+	14
	8995	+	15
	8996	+	16
	8997	+	17
	8998	+	18
	8999	+	19
	9000	+	20
	9001	+	21
	9002	+	22
	9003	+	23
	9004	+	24
	9005	+	25
	9006	+	26
	9007	+	27
	9008	+	28
	9009	+	29
	9010	+	30
	9011	+	31
	9012	+	32
	9013	+	33
	9014	+	34
	9015	+	35
	9016	+	36
	9017	+	37
	9018	+	38
	9019	+	39
	9020	+	40
	9021	+	41
	9022	+	42
	9023	+	43 HB 2332 106
4686	9024		institutions, educational institutions and agencies, quasi-public
4687		-	professional societies, private business and agricultural organizations
4688		-	~~and~~ associations, and any other party, public or private, and to call upon
4689		-	~~such~~ parties for consultation and assistance in their respective fields of
4690		-	~~interest,~~ to the end that all up-to-date available technical advice,
4691		-	~~information and~~ assistance be gathered for the use of the department,
4692		-	~~the governor, the~~ legislature and the people of this state; ~~HOUSE BILL No. 2332—page 80~~
	9025	+	professional societies, private business and agricultural organizations and
	9026	+	associations, and any other party, public or private, and to call upon such
	9027	+	parties for consultation and assistance in their respective fields of interest,
	9028	+	to the end that all up-to-date available technical advice, information and
	9029	+	assistance be gathered for the use of the department, the governor, the
	9030	+	legislature and the people of this state;
4693	9031		(d) to enter into agreements necessary to carry out the purposes of
4694	9032		this act;
4695		-	(e) to conduct an effective business information service, keeping
4696		-	~~up-~~to-date information on such things as manufacturing industries,
4697		-	~~labor~~ supply and economic trends in employment, income, savings and
4698		-	purchasing power within the state, utilizing the services and
4699		-	~~information~~ available from the division of the budget of the department
4700		-	of administration;
	9033	+	(e) to conduct an effective business information service, keeping up-
	9034	+	to-date information on such things as manufacturing industries, labor
	9035	+	supply and economic trends in employment, income, savings and
	9036	+	purchasing power within the state, utilizing the services and information
	9037	+	available from the division of the budget of the department of
	9038	+	administration;
4701	9039		(f) to support a coordinated program of scientific and industrial
4702	9040		research with the objective of developing additional uses of the state's
4703	9041		natural resources, agriculture, agricultural products, new and better
4704		-	industrial products and processes, and the best possible utilization of
4705		-	the raw materials in the state; and to coordinate this responsibility with
4706		-	the state educational institutions, with all state and federal agencies,
4707		-	and all public and private institutions within or outside the state, all in
4708		-	an effort to assist and encourage new industries or expansion of
4709		-	existing industries through basic research, applied research and new
4710		-	development;
4711		-	(g) to maintain and keep current all available information
4712		-	regarding the industrial opportunities and possibilities of the state,
4713		-	including raw materials and by-products; power and water resources;
4714		-	transportation facilities; available markets and the marketing limitations
4715		-	of the state; labor supply; banking and financing facilities; availability
4716		-	of industrial sites; and the advantages the state and its particular
4717		-	sections have as industrial locations; and such information shall be used
4718		-	for the encouragement of new industries in the state and the expansion
4719		-	of existing industries within the state;
4720		-	(h) to publicize information and the economic advantages of the
4721		-	state which that make it a desirable place for commercial and industrial
	9042	+	industrial products and processes, and the best possible utilization of the
	9043	+	raw materials in the state; and to coordinate this responsibility with the
	9044	+	state educational institutions, with all state and federal agencies, and all
	9045	+	public and private institutions within or outside the state, all in an effort to
	9046	+	assist and encourage new industries or expansion of existing industries
	9047	+	through basic research, applied research and new development;
	9048	+	(g) to maintain and keep current all available information regarding
	9049	+	the industrial opportunities and possibilities of the state, including raw
	9050	+	materials and by-products; power and water resources; transportation
	9051	+	facilities; available markets and the marketing limitations of the state;
	9052	+	labor supply; banking and financing facilities; availability of industrial
	9053	+	sites; and the advantages the state and its particular sections have as
	9054	+	industrial locations; and such information shall be used for the
	9055	+	encouragement of new industries in the state and the expansion of existing
	9056	+	industries within the state;
	9057	+	(h) to publicize information and the economic advantages of the state
	9058	+	which that make it a desirable place for commercial and industrial
4722	9059		operations and a good place in which to live;
4723		-	(i) to establish a clearinghouse for the collection and
4724		-	dissemination of information concerning the number and location of
4725		-	public and private postsecondary vocational and technical education
4726		-	programs in areas critical to economic development;
4727		-	(j) to acquaint the people of this state with the industries within
4728		-	the state and encourage closer cooperation between the farming,
4729		-	commercial and industrial enterprises and the people of the state;
4730		-	(k) to participate in economic development and planning
4731		-	assistance programs of the federal government to political subdivisions;
4732		-	(l) to assist counties and cities in industrial development through
4733		-	the establishment of industrial development corporations, including site
	9060	+	(i) to establish a clearinghouse for the collection and dissemination of
	9061	+	information concerning the number and location of public and private
	9062	+	postsecondary vocational and technical education programs in areas
	9063	+	critical to economic development;
	9064	+	(j) to acquaint the people of this state with the industries within the
	9065	+	state and encourage closer cooperation between the farming, commercial
	9066	+	and industrial enterprises and the people of the state;
	9067	+	1
	9068	+	2
	9069	+	3
	9070	+	4
	9071	+	5
	9072	+	6
	9073	+	7
	9074	+	8
	9075	+	9
	9076	+	10
	9077	+	11
	9078	+	12
	9079	+	13
	9080	+	14
	9081	+	15
	9082	+	16
	9083	+	17
	9084	+	18
	9085	+	19
	9086	+	20
	9087	+	21
	9088	+	22
	9089	+	23
	9090	+	24
	9091	+	25
	9092	+	26
	9093	+	27
	9094	+	28
	9095	+	29
	9096	+	30
	9097	+	31
	9098	+	32
	9099	+	33
	9100	+	34
	9101	+	35
	9102	+	36
	9103	+	37
	9104	+	38
	9105	+	39
	9106	+	40
	9107	+	41
	9108	+	42
	9109	+	43 HB 2332 107
	9110	+	(k) to participate in economic development and planning assistance
	9111	+	programs of the federal government to political subdivisions;
	9112	+	(l) to assist counties and cities in industrial development through the
	9113	+	establishment of industrial development corporations, including site
4734	9114		surveys, small business administration situations, and render such other
4735	9115		similar assistance as may be required; and in those instances where it is
4736	9116		deemed appropriate, to contract with and make a service charge to the
4737	9117		county or city involved for such services rendered;
4738	9118		(m) to render assistance to private enterprise on planning problems
4739		-	and site surveys upon request and shall make a reasonable service
4740		-	~~charge~~ for such services rendered; and any moneys received for
4741		-	~~services rendered,~~ as provided in this subsection, shall be deposited in
4742		-	~~the fund and expended~~ therefrom, as provided in subsection (n);
4743		-	(n) to make agreements with other states and with the United
4744		-	~~States~~ government, or its agencies, and to accept funds from the federal
	9119	+	and site surveys upon request and shall make a reasonable service charge
	9120	+	for such services rendered; and any moneys received for services rendered,
	9121	+	as provided in this subsection, shall be deposited in the fund and expended
	9122	+	therefrom, as provided in subsection (n);
	9123	+	(n) to make agreements with other states and with the United States
	9124	+	government, or its agencies, and to accept funds from the federal
4745	9125		government, or its agencies, or any other source for research studies,
4746	9126		investigation, planning and other purposes related to the duties of the
4747	9127		department; and any funds so received shall be remitted to the state
4748	9128		treasurer in accordance with the provisions of K.S.A. 75-4215, and
4749	9129		amendments thereto. Upon receipt of each such remittance, the state
4750		-	treasurer shall deposit the entire amount in the state treasury to the
4751		-	~~credit~~ of a special revenue fund which is hereby created and shall be ~~HOUSE BILL No. 2332—page 81~~
4752		-	~~known as~~ the "economic development fund" or used in accordance with
4753		-	~~or direction~~ of the contributing federal agencies; and expenditures from
4754		-	~~such fund may~~ be made for any purpose in keeping with the
4755		-	~~responsibilities, functions and~~ authority of the department; and warrants
4756		-	~~on such fund shall be drawn in~~ the same manner as required of other
4757		-	~~state agencies upon vouchers signed~~ by the secretary;
	9130	+	treasurer shall deposit the entire amount in the state treasury to the credit
	9131	+	of a special revenue fund which is hereby created and shall be known as
	9132	+	the "economic development fund" or used in accordance with or direction
	9133	+	of the contributing federal agencies; and expenditures from such fund may
	9134	+	be made for any purpose in keeping with the responsibilities, functions and
	9135	+	authority of the department; and warrants on such fund shall be drawn in
	9136	+	the same manner as required of other state agencies upon vouchers signed
	9137	+	by the secretary;
4758	9138		(o) to do other and further acts as shall be necessary and proper in
4759		-	fostering and promoting the industrial development and economic
4760		-	welfare of the state;
4761		-	(p) to organize, or cause to be organized, an advisory board or
4762		-	boards representing interested groups, including industry, labor,
4763		-	agriculture, scientific research, the press, the professions, industrial
4764		-	associations, civic groups, etc.; and such board or boards shall advise
4765		-	with the department as to its work and the department shall, as far as
4766		-	practicable, cooperate with such board or boards, and secure the active
4767		-	aid thereof in the accomplishment of the aims and objectives of the
4768		-	department;
	9139	+	fostering and promoting the industrial development and economic welfare
	9140	+	of the state;
	9141	+	(p) to organize, or cause to be organized, an advisory board or boards
	9142	+	representing interested groups, including industry, labor, agriculture,
	9143	+	scientific research, the press, the professions, industrial associations, civic
	9144	+	groups, etc.; and such board or boards shall advise with the department as
	9145	+	to its work and the department shall, as far as practicable, cooperate with
	9146	+	such board or boards, and secure the active aid thereof in the
	9147	+	accomplishment of the aims and objectives of the department;
4769	9148		(q) to perform the duties imposed under the Kansas venture capital
4770	9149		company act;
4771	9150		(r) to serve as the central agency and clearinghouse to collect and
4772	9151		disseminate ideas and information bearing on local planning problems;
4773	9152		and, in so doing, the department, upon request of the board of county
	9153	+	1
	9154	+	2
	9155	+	3
	9156	+	4
	9157	+	5
	9158	+	6
	9159	+	7
	9160	+	8
	9161	+	9
	9162	+	10
	9163	+	11
	9164	+	12
	9165	+	13
	9166	+	14
	9167	+	15
	9168	+	16
	9169	+	17
	9170	+	18
	9171	+	19
	9172	+	20
	9173	+	21
	9174	+	22
	9175	+	23
	9176	+	24
	9177	+	25
	9178	+	26
	9179	+	27
	9180	+	28
	9181	+	29
	9182	+	30
	9183	+	31
	9184	+	32
	9185	+	33
	9186	+	34
	9187	+	35
	9188	+	36
	9189	+	37
	9190	+	38
	9191	+	39
	9192	+	40
	9193	+	41
	9194	+	42
	9195	+	43 HB 2332 108
4774	9196		commissioners of any county or the governing body of any city in the
4775	9197		state, may make a study and report upon any planning problem of such
4776	9198		county or city submitted to it;
4777	9199		(s) to disseminate to the public information concerning economic
4778		-	development programs available in the state, regardless of whether
4779		-	such programs are administered by the department or some other
4780		-	agency and the department shall make available audio-visual and
4781		-	written materials describing the economic development programs to
4782		-	local chambers of commerce, economic development organizations,
4783		-	banks and public libraries and shall take other measures as may be
4784		-	necessary to effectuate the purpose of this subsection;
4785		-	(t) to perform the duties imposed under the individual
4786		-	development account program act, K.S.A. 74-50,201 through 74-
4787		-	50,208, and amendments thereto; and
4788		-	(u) except as otherwise provided by law, perform the duties and
4789		-	carry out the purposes of K.S.A. 74-8102 through 74-8104 and 74-8107
4790		-	through 74-8111, and amendments thereto; and
4791		-	(v) to encourage and promote the traveling public to visit this
4792		-	state by publicizing information as to the recreational, historic and
4793		-	natural advantage of the state and its facilities for transient travel and
4794		-	to contract with organizations for the purpose of promoting tourism
4795		-	within the state, and the department may request other state agencies,
4796		-	including, but not limited to, the Kansas water office, the Kansas
4797		-	department of transportation and the Kansas department of wildlife
4798		-	and parks, for assistance and all such agencies shall coordinate
4799		-	information and their respective efforts with the department to most
4800		-	efficiently and economically carryout the purpose and intent of this
4801		-	subsection.
4802		-	Sec. 123. K.S.A. 2022 Supp. 74-5602 is hereby amended to read
4803		-	as follows: 74-5602. As used in the Kansas law enforcement training
4804		-	act:
	9200	+	development programs available in the state, regardless of whether such
	9201	+	programs are administered by the department or some other agency and
	9202	+	the department shall make available audio-visual and written materials
	9203	+	describing the economic development programs to local chambers of
	9204	+	commerce, economic development organizations, banks and public
	9205	+	libraries and shall take other measures as may be necessary to effectuate
	9206	+	the purpose of this subsection;
	9207	+	(t) to perform the duties imposed under the individual development
	9208	+	account program act, K.S.A. 74-50,201 through 74-50,208, and
	9209	+	amendments thereto; and
	9210	+	(u) except as otherwise provided by law, perform the duties and carry
	9211	+	out the purposes of K.S.A. 74-8102 through 74-8104 and 74-8107 through
	9212	+	74-8111, and amendments thereto; and
	9213	+	(v) to encourage and promote the traveling public to visit this state
	9214	+	by publicizing information as to the recreational, historic and natural
	9215	+	advantage of the state and its facilities for transient travel and to contract
	9216	+	with organizations for the purpose of promoting tourism within the state,
	9217	+	and the department may request other state agencies, including, but not
	9218	+	limited to, the Kansas water office, the Kansas department of
	9219	+	transportation and the Kansas department of wildlife and parks, for
	9220	+	assistance and all such agencies shall coordinate information and their
	9221	+	respective efforts with the department to most efficiently and economically
	9222	+	carryout the purpose and intent of this subsection.
	9223	+	Sec. 123. K.S.A. 2022 Supp. 74-5602 is hereby amended to read as
	9224	+	follows: 74-5602. As used in the Kansas law enforcement training act:
4805	9225		(a) "Training center" means the law enforcement training center
4806	9226		within the university of Kansas, created by K.S.A. 74-5603, and
4807	9227		amendments thereto.
4808		-	(b) "Commission" means the Kansas commission on peace
4809		-	~~officers'~~ standards and training, created by K.S.A. 74-5606, and
4810		-	~~amendments~~ thereto, or the commission's designee. ~~HOUSE BILL No. 2332—page 82~~
4811		-	(c) "Chancellor" means the chancellor of the university of Kansas,
4812		-	or the chancellor's designee.
4813		-	(d) "Director of police training" means the director of police
4814		-	~~training~~ at the law enforcement training center.
4815		-	(e) "Director" means the executive director of the Kansas
4816		-	~~commission~~ on peace officers' standards and training.
	9228	+	(b) "Commission" means the Kansas commission on peace officers'
	9229	+	standards and training, created by K.S.A. 74-5606, and amendments
	9230	+	thereto, or the commission's designee.
	9231	+	(c) "Chancellor" means the chancellor of the university of Kansas, or
	9232	+	the chancellor's designee.
	9233	+	(d) "Director of police training" means the director of police training
	9234	+	at the law enforcement training center.
	9235	+	(e) "Director" means the executive director of the Kansas commission
	9236	+	on peace officers' standards and training.
4817	9237		(f) "Law enforcement" means the prevention or detection of crime
4818		-	and the enforcement of the criminal or traffic laws of this state or of
4819		-	any municipality thereof.
4820		-	(g) (1) "Police officer" or "law enforcement officer" means a full-
4821		-	time or part-time salaried officer or employee of the state, a county or a
4822		-	city, whose duties include the prevention or detection of crime and the
	9238	+	and the enforcement of the criminal or traffic laws of this state or of any
	9239	+	1
	9240	+	2
	9241	+	3
	9242	+	4
	9243	+	5
	9244	+	6
	9245	+	7
	9246	+	8
	9247	+	9
	9248	+	10
	9249	+	11
	9250	+	12
	9251	+	13
	9252	+	14
	9253	+	15
	9254	+	16
	9255	+	17
	9256	+	18
	9257	+	19
	9258	+	20
	9259	+	21
	9260	+	22
	9261	+	23
	9262	+	24
	9263	+	25
	9264	+	26
	9265	+	27
	9266	+	28
	9267	+	29
	9268	+	30
	9269	+	31
	9270	+	32
	9271	+	33
	9272	+	34
	9273	+	35
	9274	+	36
	9275	+	37
	9276	+	38
	9277	+	39
	9278	+	40
	9279	+	41
	9280	+	42
	9281	+	43 HB 2332 109
	9282	+	municipality thereof.
	9283	+	(g) (1) "Police officer" or "law enforcement officer" means a full-time
	9284	+	or part-time salaried officer or employee of the state, a county or a city,
	9285	+	whose duties include the prevention or detection of crime and the
4823	9286		enforcement of the criminal or traffic laws of this state or of any
4824	9287		municipality thereof. Such terms shall include
4825		-	(2) "Police officer" or "law enforcement officer" includes, but is
4826		-	not be limited to: The sheriff, undersheriff and full-time or part-time
4827		-	salaried deputies in the sheriff's office in each county; deputy sheriffs
4828		-	deputized pursuant to K.S.A. 19-2858, and amendments thereto;
4829		-	conservation officers of the Kansas department of wildlife, and parks
4830		-	and tourism; university police officers, as defined in K.S.A. 22-2401a,
4831		-	and amendments thereto; campus police officers, as defined in K.S.A.
4832		-	22-2401a, and amendments thereto; law enforcement agents of the
4833		-	director of alcoholic beverage control; law enforcement agents
4834		-	designated by the secretary of revenue pursuant to K.S.A. 75-5157, and
4835		-	amendments thereto; law enforcement agents of the Kansas lottery; law
4836		-	enforcement agents of the Kansas racing commission; deputies and
4837		-	assistants of the state fire marshal having law enforcement authority;
4838		-	capitol police, existing under the authority of K.S.A. 75-4503, and
4839		-	amendments thereto; special agents of the department of corrections;
4840		-	special investigators designated by the secretary of labor; and law
4841		-	enforcement officers appointed by the adjutant general pursuant to
4842		-	K.S.A. 48-204, and amendments thereto. Such terms shall also include;
4843		-	railroad policemen appointed pursuant to K.S.A. 66-524, and
4844		-	amendments thereto; school security officers designated as school law
4845		-	enforcement officers pursuant to K.S.A. 72-6146, and amendments
	9288	+	(2) "Police officer" or "law enforcement officer" includes, but is not
	9289	+	be limited to: The sheriff, undersheriff and full-time or part-time salaried
	9290	+	deputies in the sheriff's office in each county; deputy sheriffs deputized
	9291	+	pursuant to K.S.A. 19-2858, and amendments thereto; conservation
	9292	+	officers of the Kansas department of wildlife, and parks and tourism;
	9293	+	university police officers, as defined in K.S.A. 22-2401a, and amendments
	9294	+	thereto; campus police officers, as defined in K.S.A. 22-2401a, and
	9295	+	amendments thereto; law enforcement agents of the director of alcoholic
	9296	+	beverage control; law enforcement agents designated by the secretary of
	9297	+	revenue pursuant to K.S.A. 75-5157, and amendments thereto; law
	9298	+	enforcement agents of the Kansas lottery; law enforcement agents of the
	9299	+	Kansas racing commission; deputies and assistants of the state fire marshal
	9300	+	having law enforcement authority; capitol police, existing under the
	9301	+	authority of K.S.A. 75-4503, and amendments thereto; special agents of
	9302	+	the department of corrections; special investigators designated by the
	9303	+	secretary of labor; and law enforcement officers appointed by the adjutant
	9304	+	general pursuant to K.S.A. 48-204, and amendments thereto. Such terms
	9305	+	shall also include; railroad policemen appointed pursuant to K.S.A. 66-
	9306	+	524, and amendments thereto; school security officers designated as school
	9307	+	law enforcement officers pursuant to K.S.A. 72-6146, and amendments
4846	9308		thereto; the manager and employees of the horsethief reservoir benefit
4847	9309		district pursuant to K.S.A. 82a-2212, and amendments thereto; and the
4848	9310		director of the Kansas commission on peace officers' standards and
4849	9311		training and any other employee of such commission designated by the
4850	9312		director pursuant to K.S.A. 74-5603, and amendments thereto, as a law
4851		-	enforcement officer. Such terms shall "Police officer" or "law
4852		-	enforcement officer" includes any officer appointed or elected on a
4853		-	provisional basis.
4854		-	(2) "Police officer" or "law enforcement officer" does not include
4855		-	any elected official, other than a sheriff, serving in the capacity of a law
	9313	+	enforcement officer. Such terms shall "Police officer" or "law enforcement
	9314	+	officer" includes any officer appointed or elected on a provisional basis.
	9315	+	(2) "Police officer" or "law enforcement officer" does not include any
	9316	+	elected official, other than a sheriff, serving in the capacity of a law
4856	9317		enforcement or police officer solely by virtue of such official's elected
4857	9318		position; any attorney-at-law having responsibility for law enforcement
4858		-	and discharging such responsibility solely in the capacity of an
4859		-	attorney; any employee of the secretary of corrections other than a
4860		-	special agent; any employee of the secretary for children and families;
4861		-	any deputy conservation officer of the Kansas department of wildlife,
4862		-	and parks and tourism; or any employee of a city or county who is
4863		-	employed solely to perform correctional duties related to jail inmates
4864		-	and the administration and operation of a jail; or any full-time or part-
4865		-	time salaried officer or employee whose duties include the issuance of a
4866		-	citation or notice to appear provided such officer or employee is not
4867		-	vested by law with the authority to make an arrest for violation of the
4868		-	laws of this state or any municipality thereof, and is not authorized to
4869		-	carry firearms when discharging the duties of such person's office or HOUSE BILL No. 2332—page 83
4870		-	employment. Such term shall include any officer appointed or elected
4871		-	on a provisional basis.
4872		-	(h) "Full-time" means employment requiring at least 1,000 hours
4873		-	of law enforcement related work per year.
	9319	+	and discharging such responsibility solely in the capacity of an attorney;
	9320	+	any employee of the secretary of corrections other than a special agent;
	9321	+	any employee of the secretary for children and families; any deputy
	9322	+	conservation officer of the Kansas department of wildlife, and parks and
	9323	+	tourism; or any employee of a city or county who is employed solely to
	9324	+	perform correctional duties related to jail inmates and the administration
	9325	+	1
	9326	+	2
	9327	+	3
	9328	+	4
	9329	+	5
	9330	+	6
	9331	+	7
	9332	+	8
	9333	+	9
	9334	+	10
	9335	+	11
	9336	+	12
	9337	+	13
	9338	+	14
	9339	+	15
	9340	+	16
	9341	+	17
	9342	+	18
	9343	+	19
	9344	+	20
	9345	+	21
	9346	+	22
	9347	+	23
	9348	+	24
	9349	+	25
	9350	+	26
	9351	+	27
	9352	+	28
	9353	+	29
	9354	+	30
	9355	+	31
	9356	+	32
	9357	+	33
	9358	+	34
	9359	+	35
	9360	+	36
	9361	+	37
	9362	+	38
	9363	+	39
	9364	+	40
	9365	+	41
	9366	+	42
	9367	+	43 HB 2332 110
	9368	+	and operation of a jail; or any full-time or part-time salaried officer or
	9369	+	employee whose duties include the issuance of a citation or notice to
	9370	+	appear provided such officer or employee is not vested by law with the
	9371	+	authority to make an arrest for violation of the laws of this state or any
	9372	+	municipality thereof, and is not authorized to carry firearms when
	9373	+	discharging the duties of such person's office or employment. Such term
	9374	+	shall include any officer appointed or elected on a provisional basis.
	9375	+	(h) "Full-time" means employment requiring at least 1,000 hours of
	9376	+	law enforcement related work per year.
4874	9377		(i) "Part-time" means employment on a regular schedule or
4875	9378		employment which requires a minimum number of hours each payroll
4876		-	period, but in any case requiring less than 1,000 hours of law
4877		-	enforcement related work per year.
4878		-	(j) "Misdemeanor crime of domestic violence" means a violation
4879		-	of domestic battery as provided by K.S.A. 21-3412a, prior to its repeal,
4880		-	or K.S.A. 2022 Supp. 21-5414, and amendments thereto, or any other
4881		-	misdemeanor under federal, municipal or state law that has as an
4882		-	element the use or attempted use of physical force, or the threatened
4883		-	use of a deadly weapon, committed against a person with whom the
4884		-	offender is involved or has been involved in a "dating relationship" or
4885		-	is a "family or household member" as defined in K.S.A. 2022 Supp. 21-
4886		-	5414, and amendments thereto, at the time of the offense.
4887		-	(k) "Auxiliary personnel" means members of organized
4888		-	nonsalaried groups who operate as an adjunct to a police or sheriff's
4889		-	department, including reserve officers, posses and search and rescue
4890		-	groups.
	9379	+	period, but in any case requiring less than 1,000 hours of law enforcement
	9380	+	related work per year.
	9381	+	(j) "Misdemeanor crime of domestic violence" means a violation of
	9382	+	domestic battery as provided by K.S.A. 21-3412a, prior to its repeal, or
	9383	+	K.S.A. 2022 Supp. 21-5414, and amendments thereto, or any other
	9384	+	misdemeanor under federal, municipal or state law that has as an element
	9385	+	the use or attempted use of physical force, or the threatened use of a
	9386	+	deadly weapon, committed against a person with whom the offender is
	9387	+	involved or has been involved in a "dating relationship" or is a "family or
	9388	+	household member" as defined in K.S.A. 2022 Supp. 21-5414, and
	9389	+	amendments thereto, at the time of the offense.
	9390	+	(k) "Auxiliary personnel" means members of organized nonsalaried
	9391	+	groups who operate as an adjunct to a police or sheriff's department,
	9392	+	including reserve officers, posses and search and rescue groups.
4891	9393		(l) "Active law enforcement certificate" means a certificate that
4892	9394		attests to the qualification of a person to perform the duties of a law
4893		-	enforcement officer and that has not been suspended or revoked by
4894		-	action of the Kansas commission on peace officers' standards and
4895		-	training and has not lapsed by operation of law as provided in K.S.A.
4896		-	74-5622, and amendments thereto.
4897		-	Sec. 124. K.S.A. 74-6614 is hereby amended to read as follows:
4898		-	74-6614. (a) There is hereby created the natural and scientific areas
4899		-	advisory board. The advisory board shall be attached to the state
4900		-	biological survey and shall be within the survey as a part thereof. All
4901		-	budgeting, purchasing and related management functions of the
4902		-	advisory board shall be administered under the direction and
4903		-	supervision of the state biological survey. All vouchers for expenditures
4904		-	and all payrolls of the advisory board shall be approved by the state
4905		-	biological survey. The board shall consist of 11 members designated by
4906		-	the following: The state biologist; the secretary of wildlife, and parks
4907		-	and tourism; the state forester; the state geologist; the director of the
4908		-	state historical society; the director of the state water office; the
4909		-	chairperson of the nongame wildlife advisory council; the secretary of
4910		-	health and environment; a member of the house of representatives
4911		-	appointed by the speaker of the house; a member of the senate
4912		-	appointed by the president of the senate; a representative of the
	9395	+	enforcement officer and that has not been suspended or revoked by action
	9396	+	of the Kansas commission on peace officers' standards and training and
	9397	+	has not lapsed by operation of law as provided in K.S.A. 74-5622, and
	9398	+	amendments thereto.
	9399	+	Sec. 124. K.S.A. 74-6614 is hereby amended to read as follows: 74-
	9400	+	6614. (a) There is hereby created the natural and scientific areas advisory
	9401	+	board. The advisory board shall be attached to the state biological survey
	9402	+	and shall be within the survey as a part thereof. All budgeting, purchasing
	9403	+	and related management functions of the advisory board shall be
	9404	+	administered under the direction and supervision of the state biological
	9405	+	survey. All vouchers for expenditures and all payrolls of the advisory
	9406	+	board shall be approved by the state biological survey. The board shall
	9407	+	consist of 11 members designated by the following: The state biologist; the
	9408	+	secretary of wildlife, and parks and tourism; the state forester; the state
	9409	+	geologist; the director of the state historical society; the director of the
	9410	+	state water office; the chairperson of the nongame wildlife advisory
	9411	+	1
	9412	+	2
	9413	+	3
	9414	+	4
	9415	+	5
	9416	+	6
	9417	+	7
	9418	+	8
	9419	+	9
	9420	+	10
	9421	+	11
	9422	+	12
	9423	+	13
	9424	+	14
	9425	+	15
	9426	+	16
	9427	+	17
	9428	+	18
	9429	+	19
	9430	+	20
	9431	+	21
	9432	+	22
	9433	+	23
	9434	+	24
	9435	+	25
	9436	+	26
	9437	+	27
	9438	+	28
	9439	+	29
	9440	+	30
	9441	+	31
	9442	+	32
	9443	+	33
	9444	+	34
	9445	+	35
	9446	+	36
	9447	+	37
	9448	+	38
	9449	+	39
	9450	+	40
	9451	+	41
	9452	+	42
	9453	+	43 HB 2332 111
	9454	+	council; the secretary of health and environment; a member of the house of
	9455	+	representatives appointed by the speaker of the house; a member of the
	9456	+	senate appointed by the president of the senate; a representative of the
4913	9457		governor.
4914	9458		(b) Whenever a vacancy on the board shall occur by death,
4915	9459		resignation or otherwise of any member so appointed, the responsible
4916	9460		appointor shall fill the same by appointment.
4917		-	Sec. 125. K.S.A. 74-7901 is hereby amended to read as follows:
4918		-	74-7901. There is hereby created a Kansas wildlife arts council which
4919		-	shall be composed of five members. One member shall be a member of
4920		-	the Kansas wildlife, and parks and tourism commission appointed by
4921		-	such commission, one member shall be a member of the Kansas
4922		-	creative arts industries commission appointed by such commission, one
4923		-	member shall be the director of the Fort Hays state university Sternberg
4924		-	museum, and two members shall be from the public at large appointed
4925		-	by the president of Fort Hays state university. The director of the Fort
4926		-	Hays state university Sternberg museum shall be chairperson of the
4927		-	council, and personnel of the Fort Hays state university Sternberg
4928		-	museum shall provide such staff and clerical services as the council HOUSE BILL No. 2332—page 84
4929		-	may require.
4930		-	Sec. 126. K.S.A. 74-9201 is hereby amended to read as follows:
4931		-	74-9201. (a) There is hereby established the Kansas film services
4932		-	commission. The commission shall consist of 19 voting members as
4933		-	follows:
	9461	+	Sec. 125. K.S.A. 74-7901 is hereby amended to read as follows: 74-
	9462	+	7901. There is hereby created a Kansas wildlife arts council which shall be
	9463	+	composed of five members. One member shall be a member of the Kansas
	9464	+	wildlife, and parks and tourism commission appointed by such
	9465	+	commission, one member shall be a member of the Kansas creative arts
	9466	+	industries commission appointed by such commission, one member shall
	9467	+	be the director of the Fort Hays state university Sternberg museum, and
	9468	+	two members shall be from the public at large appointed by the president
	9469	+	of Fort Hays state university. The director of the Fort Hays state university
	9470	+	Sternberg museum shall be chairperson of the council, and personnel of
	9471	+	the Fort Hays state university Sternberg museum shall provide such staff
	9472	+	and clerical services as the council may require.
	9473	+	Sec. 126. K.S.A. 74-9201 is hereby amended to read as follows: 74-
	9474	+	9201. (a) There is hereby established the Kansas film services commission.
	9475	+	The commission shall consist of 19 voting members as follows:
4934	9476		(1) One member of the senate appointed by the president of the
4935	9477		senate;
4936		-	(2) one member of the senate appointed by the minority leader of
4937		-	~~the~~ senate;
	9478	+	(2) one member of the senate appointed by the minority leader of the
	9479	+	senate;
4938	9480		(3) one member of the house of representatives appointed by the
4939	9481		speaker of the house of representatives;
4940	9482		(4) one member of the house of representatives appointed by the
4941	9483		minority leader of the house of representatives; and
4942	9484		(5) fifteen members appointed by the governor.
4943	9485		(b) Of the members appointed by the governor, one shall be
4944	9486		appointed from each United States congressional district. All members
4945	9487		appointed by the governor shall be appointed for terms of three years,
4946		-	except that of the members first appointed, five shall be appointed for
4947		-	~~one-~~year terms, five shall be appointed for two-year terms and five
4948		-	~~shall be~~ appointed for three-year terms. The governor shall designate
4949		-	~~the term for~~ which each of the members first appointed shall serve.
	9488	+	except that of the members first appointed, five shall be appointed for one-
	9489	+	year terms, five shall be appointed for two-year terms and five shall be
	9490	+	appointed for three-year terms. The governor shall designate the term for
	9491	+	which each of the members first appointed shall serve.
4950	9492		(c) In addition to the voting members of the commission, six
4951	9493		members of the commission shall serve ex officio: The secretary of
4952	9494		commerce, the secretary of transportation, the secretary of wildlife, and
4953		-	parks and tourism, the secretary of health and environment, the
4954		-	executive director of the Kansas arts commission and the secretary of
4955		-	the state historical society. Each ex officio member of the commission
4956		-	may designate an officer or employee of the state agency of the ex
4957		-	officio member to serve on the commission in place of the ex officio
4958		-	member. The ex officio members of the commission, or their designees,
4959		-	shall be nonvoting members of the commission and shall provide
4960		-	information and advice to the commission. In addition to the voting and
4961		-	ex officio members of the commission, the governor may appoint such
4962		-	number of representatives of the film industry to nonvoting
4963		-	membership on the commission as may be recommended by the
4964		-	secretary of commerce.
4965		-	(b)(d) Legislative members shall be appointed for terms
4966		-	coinciding with the terms for which such members are elected. All
4967		-	members appointed to fill vacancies in the membership of the
4968		-	commission and all members appointed to succeed members appointed
4969		-	to membership on the commission shall be appointed in like manner as
4970		-	that provided for the original appointment of the member succeeded.
4971		-	All members appointed to fill vacancies of a member of the
4972		-	commission appointed by the governor shall be appointed to fill the
4973		-	unexpired term of such member.
	9495	+	parks and tourism, the secretary of health and environment, the executive
	9496	+	director of the Kansas arts commission and the secretary of the state
	9497	+	1
	9498	+	2
	9499	+	3
	9500	+	4
	9501	+	5
	9502	+	6
	9503	+	7
	9504	+	8
	9505	+	9
	9506	+	10
	9507	+	11
	9508	+	12
	9509	+	13
	9510	+	14
	9511	+	15
	9512	+	16
	9513	+	17
	9514	+	18
	9515	+	19
	9516	+	20
	9517	+	21
	9518	+	22
	9519	+	23
	9520	+	24
	9521	+	25
	9522	+	26
	9523	+	27
	9524	+	28
	9525	+	29
	9526	+	30
	9527	+	31
	9528	+	32
	9529	+	33
	9530	+	34
	9531	+	35
	9532	+	36
	9533	+	37
	9534	+	38
	9535	+	39
	9536	+	40
	9537	+	41
	9538	+	42
	9539	+	43 HB 2332 112
	9540	+	historical society. Each ex officio member of the commission may
	9541	+	designate an officer or employee of the state agency of the ex officio
	9542	+	member to serve on the commission in place of the ex officio member. The
	9543	+	ex officio members of the commission, or their designees, shall be
	9544	+	nonvoting members of the commission and shall provide information and
	9545	+	advice to the commission. In addition to the voting and ex officio members
	9546	+	of the commission, the governor may appoint such number of
	9547	+	representatives of the film industry to nonvoting membership on the
	9548	+	commission as may be recommended by the secretary of commerce.
	9549	+	(b)(d) Legislative members shall be appointed for terms coinciding
	9550	+	with the terms for which such members are elected. All members
	9551	+	appointed to fill vacancies in the membership of the commission and all
	9552	+	members appointed to succeed members appointed to membership on the
	9553	+	commission shall be appointed in like manner as that provided for the
	9554	+	original appointment of the member succeeded. All members appointed to
	9555	+	fill vacancies of a member of the commission appointed by the governor
	9556	+	shall be appointed to fill the unexpired term of such member.
4974	9557		(c)(e) The members of the commission shall elect annually a
4975	9558		chairperson and vice-chairperson for the commission from among its
4976		-	members. The commission shall meet at least four times each year at
4977		-	~~the~~ call of the chairperson of the commission. Ten voting members of
4978		-	~~the~~ commission shall constitute a quorum.
	9559	+	members. The commission shall meet at least four times each year at the
	9560	+	call of the chairperson of the commission. Ten voting members of the
	9561	+	commission shall constitute a quorum.
4979	9562		(d)(f) Members of the commission who are not legislators shall
4980	9563		receive mileage, tolls and parking as provided in K.S.A. 75-3223, and
4981		-	amendments thereto, for attendance at any meeting of the commission
4982		-	or any subcommittee meeting authorized by the commission.
4983		-	~~Legislative~~ members of the commission shall be paid amounts provided
4984		-	~~in subsection~~ (e) of K.S.A. 75-3223(e), and amendments thereto, for
4985		-	~~attendance at any~~ meeting of the commission or any subcommittee
4986		-	~~meeting authorized by~~ the commission.
4987		-	Sec. 127. K.S.A. 75-1253 is hereby amended to read as follows: ~~HOUSE BILL No. 2332—page 85~~
4988		-	~~75-~~1253. (a) Whenever it becomes necessary in the judgment of the
4989		-	~~secretary~~ of administration or in any case when the total cost of a
4990		-	~~project for the~~ construction of a building or for major repairs or
4991		-	~~improvements to a~~ building for a state agency is expected to exceed
4992		-	~~$1,000,000, the secretary~~ of administration shall convene a negotiating
4993		-	~~committee. The state~~ building advisory commission shall prepare a list
4994		-	~~of at least three and not~~ more than five firms which that are, in the
4995		-	~~opinion of the state building~~ advisory commission, qualified to serve as
4996		-	~~project architect, engineer or~~ land surveyor for the project. Such list
4997		-	~~shall be submitted to the~~ negotiating committee, without any
4998		-	~~recommendation of preference or~~ other recommendation.
	9564	+	amendments thereto, for attendance at any meeting of the commission or
	9565	+	any subcommittee meeting authorized by the commission. Legislative
	9566	+	members of the commission shall be paid amounts provided in subsection
	9567	+	(e) of K.S.A. 75-3223(e), and amendments thereto, for attendance at any
	9568	+	meeting of the commission or any subcommittee meeting authorized by
	9569	+	the commission.
	9570	+	Sec. 127. K.S.A. 75-1253 is hereby amended to read as follows: 75-
	9571	+	1253. (a) Whenever it becomes necessary in the judgment of the secretary
	9572	+	of administration or in any case when the total cost of a project for the
	9573	+	construction of a building or for major repairs or improvements to a
	9574	+	building for a state agency is expected to exceed $1,000,000, the secretary
	9575	+	of administration shall convene a negotiating committee. The state
	9576	+	building advisory commission shall prepare a list of at least three and not
	9577	+	more than five firms which that are, in the opinion of the state building
	9578	+	advisory commission, qualified to serve as project architect, engineer or
	9579	+	land surveyor for the project. Such list shall be submitted to the
	9580	+	negotiating committee, without any recommendation of preference or
	9581	+	other recommendation.
4999	9582		(b) The secretary of administration may combine two or more
5000		-	separate projects for the construction of buildings or for major repairs
5001		-	or improvements to buildings for state agencies, for the purpose of
5002		-	procuring architectural, engineering or land surveying services for all
5003		-	such projects from a single firm. In each case, the combined projects
5004		-	shall be construed to be a single project for all purposes under the
5005		-	provisions of K.S.A. 75-1250 through 75-1267, and amendments
5006		-	thereto.
	9583	+	1
	9584	+	2
	9585	+	3
	9586	+	4
	9587	+	5
	9588	+	6
	9589	+	7
	9590	+	8
	9591	+	9
	9592	+	10
	9593	+	11
	9594	+	12
	9595	+	13
	9596	+	14
	9597	+	15
	9598	+	16
	9599	+	17
	9600	+	18
	9601	+	19
	9602	+	20
	9603	+	21
	9604	+	22
	9605	+	23
	9606	+	24
	9607	+	25
	9608	+	26
	9609	+	27
	9610	+	28
	9611	+	29
	9612	+	30
	9613	+	31
	9614	+	32
	9615	+	33
	9616	+	34
	9617	+	35
	9618	+	36
	9619	+	37
	9620	+	38
	9621	+	39
	9622	+	40
	9623	+	41
	9624	+	42
	9625	+	43 HB 2332 113
	9626	+	separate projects for the construction of buildings or for major repairs or
	9627	+	improvements to buildings for state agencies, for the purpose of procuring
	9628	+	architectural, engineering or land surveying services for all such projects
	9629	+	from a single firm. In each case, the combined projects shall be construed
	9630	+	to be a single project for all purposes under the provisions of K.S.A. 75-
	9631	+	1250 through 75-1267, and amendments thereto.
5007	9632		(c) (1) This section shall not apply to any repetitive project with a
5008	9633		standard plan that was originally designed by the secretary of
5009	9634		administration or an agency architect pursuant to K.S.A. 75-1254(a)(2)
5010	9635		and (3), and amendments thereto. In such a case, the secretary of
5011		-	administration or the agency architect may provide architectural
5012		-	~~services~~ for the repetitive project.
	9636	+	administration or the agency architect may provide architectural services
	9637	+	for the repetitive project.
5013	9638		(2) "Repetitive project" means a project which that uses the same
5014	9639		standard design as was used for a project constructed previously,
5015	9640		including, but not limited to, sub-area shops and salt domes of the
5016	9641		department of transportation and showers and toilet buildings of the
5017	9642		Kansas department of wildlife, and parks and tourism. The plans for the
5018		-	project may be modified as required for current codes, operational
5019		-	needs or cost control. The total floor area of the project may be
5020		-	increased by an area of not more than 25% of the floor area of the
5021		-	originally constructed project, except that not more than 25% of the
5022		-	linear feet of the exterior and interior walls may be moved for such
5023		-	increase. A project shall not be considered to be repetitive if it has been
5024		-	over four years between the substantial completion of the last project
5025		-	using the design plans and the appropriation of funds for the proposed
5026		-	project.
5027		-	Sec. 128. K.S.A. 75-2720 is hereby amended to read as follows:
5028		-	75-2720. (a) The state historic sites board of review shall have the
5029		-	power and duty to:
5030		-	(1) Subject to the provisions of subsection (b), approve
5031		-	nominations to the state and national registers of historic places.
	9643	+	project may be modified as required for current codes, operational needs
	9644	+	or cost control. The total floor area of the project may be increased by an
	9645	+	area of not more than 25% of the floor area of the originally constructed
	9646	+	project, except that not more than 25% of the linear feet of the exterior and
	9647	+	interior walls may be moved for such increase. A project shall not be
	9648	+	considered to be repetitive if it has been over four years between the
	9649	+	substantial completion of the last project using the design plans and the
	9650	+	appropriation of funds for the proposed project.
	9651	+	Sec. 128. K.S.A. 75-2720 is hereby amended to read as follows: 75-
	9652	+	2720. (a) The state historic sites board of review shall have the power and
	9653	+	duty to:
	9654	+	(1) Subject to the provisions of subsection (b), approve nominations
	9655	+	to the state and national registers of historic places.
5032	9656		(2) Review the state survey of historic properties undertaken in
5033	9657		accordance with the provisions of this act.
5034	9658		(3) Review the content of the state preservation plan developed in
5035	9659		accordance with the provisions of this act.
5036	9660		(4) Approve the removal of properties from the state register of
5037	9661		historic places.
5038		-	(5) Recommend the removal of properties from the national
5039		-	~~register~~ of historic places.
	9662	+	(5) Recommend the removal of properties from the national register
	9663	+	of historic places.
5040	9664		(6) Otherwise act in an advisory capacity to the state historic
5041	9665		preservation agency.
5042		-	(7) Upon request, to advise the legislature concerning matters
5043		-	~~relating~~ to historic properties and historic preservation.
	9666	+	(7) Upon request, to advise the legislature concerning matters relating
	9667	+	to historic properties and historic preservation.
5044	9668		(8) Elect a chairman and vice-chairman and establish such rules of
	9669	+	1
	9670	+	2
	9671	+	3
	9672	+	4
	9673	+	5
	9674	+	6
	9675	+	7
	9676	+	8
	9677	+	9
	9678	+	10
	9679	+	11
	9680	+	12
	9681	+	13
	9682	+	14
	9683	+	15
	9684	+	16
	9685	+	17
	9686	+	18
	9687	+	19
	9688	+	20
	9689	+	21
	9690	+	22
	9691	+	23
	9692	+	24
	9693	+	25
	9694	+	26
	9695	+	27
	9696	+	28
	9697	+	29
	9698	+	30
	9699	+	31
	9700	+	32
	9701	+	33
	9702	+	34
	9703	+	35
	9704	+	36
	9705	+	37
	9706	+	38
	9707	+	39
	9708	+	40
	9709	+	41
	9710	+	42
	9711	+	43 HB 2332 114
5045	9712		procedure as it deems necessary.
5046		-	(b) The state historic sites board of review shall not consider or ~~HOUSE BILL No. 2332—page 86~~
5047		-	approve any nomination of historic property located in an
5048		-	~~unincorporated~~ area of any county to either the state register of historic
5049		-	~~places or the~~ national register of historic places unless owners of land
5050		-	~~located within~~ 500 feet of the boundaries of a proposed historic
5051		-	~~property have been~~ notified of the time and place of the board meeting
5052		-	~~at which such~~ nomination is to be considered or approved. Notification
5053		-	~~shall be by mail~~ or publication notice. Publication notice shall be
5054		-	~~published at least once~~ each week for two consecutive weeks in a
5055		-	~~newspaper of general~~ circulation in each county in which all, or any
5056		-	~~part, of the proposed~~ historic property is located. The last publication
5057		-	~~shall be at least 30 days,~~ but not more than 50 days, prior to the date of
5058		-	~~such board meeting.~~ Whenever the state historic sites board of review
5059		-	~~submits a notice to a~~ newspaper for publication under this subsection,
5060		-	~~such board shall, at the~~ same time, also submit a copy of such notice to
5061		-	~~the secretary of wildlife,~~ and parks and tourism.
5062		-	Sec. 129. K.S.A. 75-2935 is hereby amended to read as follows:
5063		-	~~75-~~2935. The civil service of the state of Kansas is hereby divided into
5064		-	~~the~~ unclassified and the classified services.
5065		-	(1) The unclassified service comprises positions held by state
5066		-	~~officers~~ or employees who are:
	9713	+	(b) The state historic sites board of review shall not consider or
	9714	+	approve any nomination of historic property located in an unincorporated
	9715	+	area of any county to either the state register of historic places or the
	9716	+	national register of historic places unless owners of land located within
	9717	+	500 feet of the boundaries of a proposed historic property have been
	9718	+	notified of the time and place of the board meeting at which such
	9719	+	nomination is to be considered or approved. Notification shall be by mail
	9720	+	or publication notice. Publication notice shall be published at least once
	9721	+	each week for two consecutive weeks in a newspaper of general
	9722	+	circulation in each county in which all, or any part, of the proposed
	9723	+	historic property is located. The last publication shall be at least 30 days,
	9724	+	but not more than 50 days, prior to the date of such board meeting.
	9725	+	Whenever the state historic sites board of review submits a notice to a
	9726	+	newspaper for publication under this subsection, such board shall, at the
	9727	+	same time, also submit a copy of such notice to the secretary of wildlife,
	9728	+	and parks and tourism.
	9729	+	Sec. 129. K.S.A. 75-2935 is hereby amended to read as follows: 75-
	9730	+	2935. The civil service of the state of Kansas is hereby divided into the
	9731	+	unclassified and the classified services.
	9732	+	(1) The unclassified service comprises positions held by state officers
	9733	+	or employees who are:
5067	9734		(a) Chosen by election or appointment to fill an elective office;
5068	9735		(b) members of boards and commissions, heads of departments
5069	9736		required by law to be appointed by the governor or by other elective
5070		-	officers, and the executive or administrative heads of offices,
5071		-	~~departments,~~ divisions and institutions specifically established by law;
	9737	+	officers, and the executive or administrative heads of offices, departments,
	9738	+	divisions and institutions specifically established by law;
5072	9739		(c) except as otherwise provided under this section, one personal
5073		-	secretary to each elective officer of this state, and in addition thereto,
5074		-	10 deputies, clerks or employees designated by such elective officer;
	9740	+	secretary to each elective officer of this state, and in addition thereto, 10
	9741	+	deputies, clerks or employees designated by such elective officer;
5075	9742		(d) all employees in the office of the governor;
5076		-	(e) officers and employees of the senate and house of
5077		-	representatives of the legislature and of the legislative coordinating
5078		-	council and all officers and employees of the office of revisor of
5079		-	statutes, of the legislative research department, of the division of
5080		-	legislative administrative services, of the division of post audit and the
5081		-	legislative counsel;
5082		-	(f) chancellor, president, deans, administrative officers, student
5083		-	health service physicians, pharmacists, teaching and research
5084		-	personnel, health care employees and student employees in the
5085		-	institutions under the state board of regents, the executive officer of the
5086		-	board of regents and the executive officer's employees other than
5087		-	clerical employees, and, at the discretion of the state board of regents,
5088		-	directors or administrative officers of departments and divisions of the
5089		-	institution and county extension agents, except that this subsection (1)
5090		-	(f) shall not be construed to include the custodial, clerical or
5091		-	maintenance employees, or any employees performing duties in
5092		-	connection with the business operations of any such institution, except
5093		-	administrative officers and directors;. As used in this subsection (1)(f),
5094		-	"health care employees" means employees of the university of Kansas
5095		-	medical center who provide health care services at the university of
5096		-	Kansas medical center and who are medical technicians or
5097		-	technologists or respiratory therapists, who are licensed professional
5098		-	nurses or licensed practical nurses, or who are in job classes which that
5099		-	are designated for this purpose by the chancellor of the university of
5100		-	Kansas upon a finding by the chancellor that such designation is
5101		-	required for the university of Kansas medical center to recruit or retain
5102		-	personnel for positions in the designated job classes; and employees of
5103		-	any institution under the state board of regents who are medical
5104		-	technologists;
5105		-	(g) operations, maintenance and security personnel employed to HOUSE BILL No. 2332—page 87
5106		-	implement agreements entered into by the adjutant general and the
5107		-	federal national guard bureau, and officers and enlisted persons in the
5108		-	national guard and the naval militia;
	9743	+	(e) officers and employees of the senate and house of representatives
	9744	+	of the legislature and of the legislative coordinating council and all officers
	9745	+	and employees of the office of revisor of statutes, of the legislative
	9746	+	research department, of the division of legislative administrative services,
	9747	+	of the division of post audit and the legislative counsel;
	9748	+	(f) chancellor, president, deans, administrative officers, student health
	9749	+	service physicians, pharmacists, teaching and research personnel, health
	9750	+	care employees and student employees in the institutions under the state
	9751	+	board of regents, the executive officer of the board of regents and the
	9752	+	executive officer's employees other than clerical employees, and, at the
	9753	+	discretion of the state board of regents, directors or administrative officers
	9754	+	of departments and divisions of the institution and county extension
	9755	+	1
	9756	+	2
	9757	+	3
	9758	+	4
	9759	+	5
	9760	+	6
	9761	+	7
	9762	+	8
	9763	+	9
	9764	+	10
	9765	+	11
	9766	+	12
	9767	+	13
	9768	+	14
	9769	+	15
	9770	+	16
	9771	+	17
	9772	+	18
	9773	+	19
	9774	+	20
	9775	+	21
	9776	+	22
	9777	+	23
	9778	+	24
	9779	+	25
	9780	+	26
	9781	+	27
	9782	+	28
	9783	+	29
	9784	+	30
	9785	+	31
	9786	+	32
	9787	+	33
	9788	+	34
	9789	+	35
	9790	+	36
	9791	+	37
	9792	+	38
	9793	+	39
	9794	+	40
	9795	+	41
	9796	+	42
	9797	+	43 HB 2332 115
	9798	+	agents, except that this subsection (1)(f) shall not be construed to include
	9799	+	the custodial, clerical or maintenance employees, or any employees
	9800	+	performing duties in connection with the business operations of any such
	9801	+	institution, except administrative officers and directors;. As used in this
	9802	+	subsection (1)(f), "health care employees" means employees of the
	9803	+	university of Kansas medical center who provide health care services at
	9804	+	the university of Kansas medical center and who are medical technicians
	9805	+	or technologists or respiratory therapists, who are licensed professional
	9806	+	nurses or licensed practical nurses, or who are in job classes which that are
	9807	+	designated for this purpose by the chancellor of the university of Kansas
	9808	+	upon a finding by the chancellor that such designation is required for the
	9809	+	university of Kansas medical center to recruit or retain personnel for
	9810	+	positions in the designated job classes; and employees of any institution
	9811	+	under the state board of regents who are medical technologists;
	9812	+	(g) operations, maintenance and security personnel employed to
	9813	+	implement agreements entered into by the adjutant general and the federal
	9814	+	national guard bureau, and officers and enlisted persons in the national
	9815	+	guard and the naval militia;
5109	9816		(h) persons engaged in public work for the state but employed by
5110	9817		contractors when the performance of such contract is authorized by the
5111	9818		legislature or other competent authority;
5112		-	(i) persons temporarily employed or designated by the legislature
5113		-	or by a legislative committee or commission or other competent
5114		-	~~authority to~~ make or conduct a special inquiry, investigation,
5115		-	~~examination or~~ installation;
	9819	+	(i) persons temporarily employed or designated by the legislature or
	9820	+	by a legislative committee or commission or other competent authority to
	9821	+	make or conduct a special inquiry, investigation, examination or
	9822	+	installation;
5116	9823		(j) officers and employees in the office of the attorney general and
5117	9824		special counsel to state departments appointed by the attorney general,
5118		-	except that officers and employees of the division of the Kansas bureau
5119		-	of investigation shall be in the classified or unclassified service as
5120		-	~~provided~~ in K.S.A. 75-711, and amendments thereto;
	9825	+	except that officers and employees of the division of the Kansas bureau of
	9826	+	investigation shall be in the classified or unclassified service as provided
	9827	+	in K.S.A. 75-711, and amendments thereto;
5121	9828		(k) all employees of courts;
5122		-	(l) client, patient and inmate help in any state facility or
5123		-	institution;
	9829	+	(l) client, patient and inmate help in any state facility or institution;
5124	9830		(m) all attorneys for boards, commissions and departments;
5125		-	(n) the secretary and assistant secretary of the Kansas state
5126		-	~~historical~~ society;
	9831	+	(n) the secretary and assistant secretary of the Kansas state historical
	9832	+	society;
5127	9833		(o) physician specialists, dentists, dental hygienists, pharmacists,
5128		-	medical technologists and long term care workers employed by the
5129		-	~~Kansas~~ department for aging and disability services;
5130		-	(p) physician specialists, dentists and medical technologists
5131		-	~~employed~~ by any board, commission or department or by any
5132		-	~~institution under the~~ jurisdiction thereof;
	9834	+	medical technologists and long term care workers employed by the Kansas
	9835	+	department for aging and disability services;
	9836	+	(p) physician specialists, dentists and medical technologists employed
	9837	+	by any board, commission or department or by any institution under the
	9838	+	jurisdiction thereof;
5133	9839		(q) student employees enrolled in public institutions of higher
5134	9840		learning;
	9841	+	1
	9842	+	2
	9843	+	3
	9844	+	4
	9845	+	5
	9846	+	6
	9847	+	7
	9848	+	8
	9849	+	9
	9850	+	10
	9851	+	11
	9852	+	12
	9853	+	13
	9854	+	14
	9855	+	15
	9856	+	16
	9857	+	17
	9858	+	18
	9859	+	19
	9860	+	20
	9861	+	21
	9862	+	22
	9863	+	23
	9864	+	24
	9865	+	25
	9866	+	26
	9867	+	27
	9868	+	28
	9869	+	29
	9870	+	30
	9871	+	31
	9872	+	32
	9873	+	33
	9874	+	34
	9875	+	35
	9876	+	36
	9877	+	37
	9878	+	38
	9879	+	39
	9880	+	40
	9881	+	41
	9882	+	42
	9883	+	43 HB 2332 116
5135	9884		(r) administrative officers, directors and teaching personnel of the
5136		-	state board of education and the state department of education and of
5137		-	~~any~~ institution under the supervision and control of the state board of
	9885	+	state board of education and the state department of education and of any
	9886	+	institution under the supervision and control of the state board of
5138	9887		education, except that this subsection (1)(r) shall not be construed to
5139	9888		include the custodial, clerical or maintenance employees, or any
5140		-	employees performing duties in connection with the business
5141		-	operations of any such institution, except administrative officers and
5142		-	directors;
	9889	+	employees performing duties in connection with the business operations of
	9890	+	any such institution, except administrative officers and directors;
5143	9891		(s) all officers and employees in the office of the secretary of state;
5144		-	(t) one personal secretary and one special assistant to the
5145		-	following: The secretary of administration, the secretary for aging and
5146		-	disability services, the secretary of agriculture, the secretary of
5147		-	commerce, the secretary of corrections, the secretary of health and
5148		-	environment, the superintendent of the Kansas highway patrol, the
5149		-	secretary of labor, the secretary of revenue, the secretary for children
5150		-	and families, the secretary of transportation, and the secretary of
5151		-	wildlife, and parks and tourism and the commissioner of juvenile
5152		-	justice;
5153		-	(u) one personal secretary and one special assistant to the
5154		-	chancellor and presidents of institutions under the state board of
5155		-	regents;
5156		-	(v) one personal secretary and one special assistant to the
5157		-	executive vice chancellor of the university of Kansas medical center;
	9892	+	(t) one personal secretary and one special assistant to the following:
	9893	+	The secretary of administration, the secretary for aging and disability
	9894	+	services, the secretary of agriculture, the secretary of commerce, the
	9895	+	secretary of corrections, the secretary of health and environment, the
	9896	+	superintendent of the Kansas highway patrol, the secretary of labor, the
	9897	+	secretary of revenue, the secretary for children and families, the secretary
	9898	+	of transportation, and the secretary of wildlife, and parks and tourism and
	9899	+	the commissioner of juvenile justice;
	9900	+	(u) one personal secretary and one special assistant to the chancellor
	9901	+	and presidents of institutions under the state board of regents;
	9902	+	(v) one personal secretary and one special assistant to the executive
	9903	+	vice chancellor of the university of Kansas medical center;
5158	9904		(w) one public information officer and one chief attorney for the
5159		-	following: The department of administration, the Kansas department
5160		-	~~for~~ aging and disability services, the department of agriculture, the
5161		-	~~department~~ of commerce, the department of corrections, the department
5162		-	~~of health and~~ environment, the department of labor, the department of
5163		-	~~revenue, the~~ Kansas department for children and families, the
5164		-	~~department of~~ transportation, and the Kansas department of wildlife, ~~HOUSE BILL No. 2332—page 88~~
5165		-	~~and parks and~~ tourism and the commissioner of juvenile justice;
5166		-	(x) if designated by the appointing authority, persons in newly
5167		-	~~hired~~ positions, including any employee who is rehired into such
5168		-	~~position and~~ any current state employee who voluntarily transfers into,
5169		-	~~or is voluntarily~~ promoted or demoted into such position, on and after
5170		-	~~July 1, 2015, in any~~ state agency;
	9905	+	following: The department of administration, the Kansas department for
	9906	+	aging and disability services, the department of agriculture, the department
	9907	+	of commerce, the department of corrections, the department of health and
	9908	+	environment, the department of labor, the department of revenue, the
	9909	+	Kansas department for children and families, the department of
	9910	+	transportation, and the Kansas department of wildlife, and parks and
	9911	+	tourism and the commissioner of juvenile justice;
	9912	+	(x) if designated by the appointing authority, persons in newly hired
	9913	+	positions, including any employee who is rehired into such position and
	9914	+	any current state employee who voluntarily transfers into, or is voluntarily
	9915	+	promoted or demoted into such position, on and after July 1, 2015, in any
	9916	+	state agency;
5171	9917		(y) one executive director, one general counsel and one director of
5172		-	public affairs and consumer protection in the office of the state
5173		-	corporation commission;
5174		-	(z) specifically designated by law as being in the unclassified
5175		-	service;
	9918	+	public affairs and consumer protection in the office of the state corporation
	9919	+	commission;
	9920	+	(z) specifically designated by law as being in the unclassified service;
5176	9921		(aa) any position that is classified as a position in the information
5177		-	resource manager job class series, that is the chief position responsible
5178		-	for all information resources management for a state agency, and that
5179		-	becomes vacant on or after the effective date of this act. Nothing in this
5180		-	section shall affect the classified status of any employee in the
5181		-	classified service who is employed on the date immediately preceding
5182		-	the effective date of this act in any position that is a classified position
5183		-	in the information resource manager job class series and the
5184		-	unclassified status as prescribed by this subsection shall apply only to a
5185		-	person appointed to any such position on or after the effective date of
5186		-	this act that is the chief position responsible for all information
5187		-	resources management for a state agency;
5188		-	(bb) positions at state institutions of higher education that have
5189		-	been converted to unclassified positions pursuant to K.S.A. 76-715a,
5190		-	and amendments thereto; and
5191		-	(cc) notwithstanding the provisions of K.S.A. 22-4524, 32-802,
5192		-	39-1911, 44-510g, 44-551, 44-552, 48-205, 48-919, 49-402e, 58-4105,
5193		-	58-4503, 65-2878, 65-6103, 73-1210a, 73-1234, 74-515b, 74-561, 74-
5194		-	569, 74-631, 74-1106, 74-1704, 74-1806, 74-2435, 74-2614, 74-2702,
5195		-	74-2906a, 74-5014, 74-5210, 74-6707, 74-6901, 74-6904, 74-7008, 74-
5196		-	7501, 74-8704, 74-8805, 74-9804, 75-118, 75-1202d, 75-2537, 75-
5197		-	2944, 75-3148, 75-3702c, 75-4222, 75-5005, 75-5015, 75-5016, 75-
5198		-	5122, 75-5157, 75-5309, 75-5310, 75-5378, 75-5610, 75-5702, 75-
5199		-	5708, 75-5733, 75-5910, 75-7028, 75-7054, 75-7304, 76-1002a, 76-
5200		-	1116, 76-12a04, 76-12a05, 76-12a08, 76-12a16, 76-3202 and 82a-1205
5201		-	and K.S.A. 39-1911, and amendments thereto, any vacant position
5202		-	within the classified service may be converted by the appointing
5203		-	authority to an unclassified position.
	9922	+	resource manager job class series, that is the chief position responsible for
	9923	+	all information resources management for a state agency, and that becomes
	9924	+	vacant on or after the effective date of this act. Nothing in this section shall
	9925	+	affect the classified status of any employee in the classified service who is
	9926	+	employed on the date immediately preceding the effective date of this act
	9927	+	1
	9928	+	2
	9929	+	3
	9930	+	4
	9931	+	5
	9932	+	6
	9933	+	7
	9934	+	8
	9935	+	9
	9936	+	10
	9937	+	11
	9938	+	12
	9939	+	13
	9940	+	14
	9941	+	15
	9942	+	16
	9943	+	17
	9944	+	18
	9945	+	19
	9946	+	20
	9947	+	21
	9948	+	22
	9949	+	23
	9950	+	24
	9951	+	25
	9952	+	26
	9953	+	27
	9954	+	28
	9955	+	29
	9956	+	30
	9957	+	31
	9958	+	32
	9959	+	33
	9960	+	34
	9961	+	35
	9962	+	36
	9963	+	37
	9964	+	38
	9965	+	39
	9966	+	40
	9967	+	41
	9968	+	42
	9969	+	43 HB 2332 117
	9970	+	in any position that is a classified position in the information resource
	9971	+	manager job class series and the unclassified status as prescribed by this
	9972	+	subsection shall apply only to a person appointed to any such position on
	9973	+	or after the effective date of this act that is the chief position responsible
	9974	+	for all information resources management for a state agency;
	9975	+	(bb) positions at state institutions of higher education that have been
	9976	+	converted to unclassified positions pursuant to K.S.A. 76-715a, and
	9977	+	amendments thereto; and
	9978	+	(cc) notwithstanding the provisions of K.S.A. 22-4524, 32-802, 39-
	9979	+	1911, 44-510g, 44-551, 44-552, 48-205, 48-919, 49-402e, 58-4105, 58-
	9980	+	4503, 65-2878, 65-6103, 73-1210a, 73-1234, 74-515b, 74-561, 74-569,
	9981	+	74-631, 74-1106, 74-1704, 74-1806, 74-2435, 74-2614, 74-2702, 74-
	9982	+	2906a, 74-5014, 74-5210, 74-6707, 74-6901, 74-6904, 74-7008, 74-7501,
	9983	+	74-8704, 74-8805, 74-9804, 75-118, 75-1202d, 75-2537, 75-2944, 75-
	9984	+	3148, 75-3702c, 75-4222, 75-5005, 75-5015, 75-5016, 75-5122, 75-5157,
	9985	+	75-5309, 75-5310, 75-5378, 75-5610, 75-5702, 75-5708, 75-5733, 75-
	9986	+	5910, 75-7028, 75-7054, 75-7304, 76-1002a, 76-1116, 76-12a04, 76-
	9987	+	12a05, 76-12a08, 76-12a16, 76-3202 and 82a-1205 and K.S.A. 39-1911,
	9988	+	and amendments thereto, any vacant position within the classified service
	9989	+	may be converted by the appointing authority to an unclassified position.
5204	9990		(2) The classified service comprises all positions now existing or
5205	9991		hereafter created which that are not included in the unclassified service.
5206	9992		Appointments in the classified service shall be made according to merit
5207	9993		and fitness from eligible pools which that so far as practicable shall be
5208	9994		competitive. No person shall be appointed, promoted, reduced or
5209	9995		discharged as an officer, clerk, employee or laborer in the classified
5210		-	service in any manner or by any means other than those prescribed in
5211		-	the Kansas civil service act and the rules adopted in accordance
5212		-	therewith.
	9996	+	service in any manner or by any means other than those prescribed in the
	9997	+	Kansas civil service act and the rules adopted in accordance therewith.
5213	9998		(3) For positions involving unskilled, or semiskilled duties, the
5214	9999		secretary of administration, as provided by law, shall establish rules and
5215	10000		regulations concerning certifications, appointments, layoffs and
5216		-	reemployment which that may be different from the rules and
5217		-	~~regulations~~ established concerning these processes for other positions
5218		-	~~in the classified~~ service.
5219		-	(4) Officers authorized by law to make appointments to positions
5220		-	in the unclassified service, and appointing officers of departments or
	10001	+	reemployment which that may be different from the rules and regulations
	10002	+	established concerning these processes for other positions in the classified
	10003	+	service.
	10004	+	(4) Officers authorized by law to make appointments to positions in
	10005	+	the unclassified service, and appointing officers of departments or
5221	10006		institutions whose employees are exempt from the provisions of the
5222	10007		Kansas civil service act because of the constitutional status of such
5223		-	departments or institutions shall be permitted to make appointments ~~HOUSE BILL No. 2332—page 89~~
5224		-	~~from~~ appropriate pools of eligibles maintained by the division of
5225		-	~~personnel~~ services.
	10008	+	departments or institutions shall be permitted to make appointments from
	10009	+	appropriate pools of eligibles maintained by the division of personnel
	10010	+	services.
5226	10011		(5) On and after the effective date of this act, any state agency that
5227		-	has positions in the classified service within the Kansas civil service act
5228		-	to satisfy any requirement of maintaining personnel standards on a
5229		-	merit basis pursuant to federal law or the rules and regulations
5230		-	promulgated thereunder by the federal government or any agency
5231		-	thereof, shall adopt a binding statement of agency policy pursuant to
5232		-	K.S.A. 77-415, and amendments thereto, to satisfy such requirements if
5233		-	the appointing authority has made any such position unclassified.
5234		-	Sec. 130. K.S.A. 75-3339 is hereby amended to read as follows:
5235		-	75-3339. (a) The division of services for the blind of the Kansas
5236		-	department for children and families shall:
	10012	+	has positions in the classified service within the Kansas civil service act to
	10013	+	1
	10014	+	2
	10015	+	3
	10016	+	4
	10017	+	5
	10018	+	6
	10019	+	7
	10020	+	8
	10021	+	9
	10022	+	10
	10023	+	11
	10024	+	12
	10025	+	13
	10026	+	14
	10027	+	15
	10028	+	16
	10029	+	17
	10030	+	18
	10031	+	19
	10032	+	20
	10033	+	21
	10034	+	22
	10035	+	23
	10036	+	24
	10037	+	25
	10038	+	26
	10039	+	27
	10040	+	28
	10041	+	29
	10042	+	30
	10043	+	31
	10044	+	32
	10045	+	33
	10046	+	34
	10047	+	35
	10048	+	36
	10049	+	37
	10050	+	38
	10051	+	39
	10052	+	40
	10053	+	41
	10054	+	42
	10055	+	43 HB 2332 118
	10056	+	satisfy any requirement of maintaining personnel standards on a merit
	10057	+	basis pursuant to federal law or the rules and regulations promulgated
	10058	+	thereunder by the federal government or any agency thereof, shall adopt a
	10059	+	binding statement of agency policy pursuant to K.S.A. 77-415, and
	10060	+	amendments thereto, to satisfy such requirements if the appointing
	10061	+	authority has made any such position unclassified.
	10062	+	Sec. 130. K.S.A. 75-3339 is hereby amended to read as follows: 75-
	10063	+	3339. (a) The division of services for the blind of the Kansas department
	10064	+	for children and families shall:
5237	10065		(1) Make surveys of concession vending opportunities for blind
5238	10066		persons on state, county, city and other property;
5239		-	(2) make surveys throughout the state of Kansas of industries with
5240		-	a view to obtaining information that will assist blind persons to obtain
	10067	+	(2) make surveys throughout the state of Kansas of industries with a
	10068	+	view to obtaining information that will assist blind persons to obtain
5241	10069		employment;
5242	10070		(3) make available to the public, especially to persons and
5243	10071		organizations engaged in work for the blind, information obtained as a
5244	10072		result of such surveys;
5245	10073		(4) issue licenses to blind persons who are citizens of the United
5246		-	States for the operating of vending facilities on state, county, city and
5247		-	~~other~~ property for the vending of foods, beverages and other such
5248		-	~~articles or~~ services dispensed automatically or manually and prepared
5249		-	~~on or off the~~ premises in accordance with all applicable health laws, as
5250		-	~~determined by~~ the licensing agency; and
	10074	+	States for the operating of vending facilities on state, county, city and other
	10075	+	property for the vending of foods, beverages and other such articles or
	10076	+	services dispensed automatically or manually and prepared on or off the
	10077	+	premises in accordance with all applicable health laws, as determined by
	10078	+	the licensing agency; and
5251	10079		(5) take such other steps, including the adoption of rules and
5252		-	regulations, as may be necessary and proper to carry out the provisions
5253		-	of this act.
5254		-	(b) The division of services for the blind, in issuing each such
5255		-	license for the operation of a vending facility, shall give preference to
5256		-	blind persons who are in need of employment. Each such license shall
5257		-	be issued for an indefinite period but may be terminated by such
5258		-	division if it is satisfied that the facility is not being operated in
5259		-	accordance with the rules and regulations prescribed by such division.
5260		-	Such licenses shall be issued only to applicants who are blind as
5261		-	defined by subsection (b) of K.S.A. 75-3338(b), and amendments
5262		-	thereto.
	10080	+	regulations, as may be necessary and proper to carry out the provisions of
	10081	+	this act.
	10082	+	(b) The division of services for the blind, in issuing each such license
	10083	+	for the operation of a vending facility, shall give preference to blind
	10084	+	persons who are in need of employment. Each such license shall be issued
	10085	+	for an indefinite period but may be terminated by such division if it is
	10086	+	satisfied that the facility is not being operated in accordance with the rules
	10087	+	and regulations prescribed by such division. Such licenses shall be issued
	10088	+	only to applicants who are blind as defined by subsection (b) of K.S.A. 75-
	10089	+	3338(b), and amendments thereto.
5263	10090		(c) The division of services for the blind, with the approval of the
5264		-	head of the department or agency in control of the maintenance,
5265		-	operation, and protection of the state, county and city or other property
5266		-	on which the vending facility is to be located but subject to rules and
5267		-	regulations prescribed pursuant to the provisions of this act, shall select
5268		-	a location for such vending facility and the type of facility to be
5269		-	provided.
5270		-	(d) In the design, construction or substantial alteration or
5271		-	renovation of each public building after July 1, 1970, for use by any
5272		-	department, agency or instrumentality of the state of Kansas, except the
5273		-	Kansas department of wildlife, and parks and tourism and the Kansas
5274		-	turnpike authority, there shall be included, after consultation with the
5275		-	division of services for the blind a satisfactory site or sites with space
5276		-	and electrical and plumbing outlets and other necessary requirements
5277		-	suitable for the location and operation of a vending facility or facilities
5278		-	by a blind person or persons. No space shall be rented, leased or
5279		-	otherwise acquired for use by any department, agency or
5280		-	instrumentality of the state of Kansas after July 1, 1970, except the
5281		-	Kansas department of wildlife, and parks and tourism and the Kansas
5282		-	turnpike authority, unless such space includes, after consultation with HOUSE BILL No. 2332—page 90
5283		-	the division of services for the blind, a satisfactory site or sites with
5284		-	space and electrical and plumbing outlets and other necessary
5285		-	requirements suitable for the location and operation of a vending
5286		-	facility or facilities by a blind person or persons. All departments,
5287		-	agencies and instrumentalities of the state of Kansas, except the Kansas
	10091	+	head of the department or agency in control of the maintenance, operation,
	10092	+	and protection of the state, county and city or other property on which the
	10093	+	vending facility is to be located but subject to rules and regulations
	10094	+	prescribed pursuant to the provisions of this act, shall select a location for
	10095	+	such vending facility and the type of facility to be provided.
	10096	+	(d) In the design, construction or substantial alteration or renovation
	10097	+	of each public building after July 1, 1970, for use by any department,
	10098	+	agency or instrumentality of the state of Kansas, except the Kansas
	10099	+	1
	10100	+	2
	10101	+	3
	10102	+	4
	10103	+	5
	10104	+	6
	10105	+	7
	10106	+	8
	10107	+	9
	10108	+	10
	10109	+	11
	10110	+	12
	10111	+	13
	10112	+	14
	10113	+	15
	10114	+	16
	10115	+	17
	10116	+	18
	10117	+	19
	10118	+	20
	10119	+	21
	10120	+	22
	10121	+	23
	10122	+	24
	10123	+	25
	10124	+	26
	10125	+	27
	10126	+	28
	10127	+	29
	10128	+	30
	10129	+	31
	10130	+	32
	10131	+	33
	10132	+	34
	10133	+	35
	10134	+	36
	10135	+	37
	10136	+	38
	10137	+	39
	10138	+	40
	10139	+	41
	10140	+	42
	10141	+	43 HB 2332 119
5288	10142		department of wildlife, and parks and tourism and the Kansas turnpike
5289		-	authority, shall consult with the secretary for children and families or
5290		-	the secretary's designee and the division of services for the blind in the
5291		-	design, construction or substantial alteration or renovation of each
5292		-	public building used by them, and in the renting, leasing or otherwise
5293		-	acquiring of space for their use, to insure that the requirements set forth
5294		-	in this subsection are satisfied. This subsection shall not apply when the
5295		-	secretary for children and families or the secretary's designee and the
5296		-	division of services for the blind determine that the number of people
5297		-	using the property is insufficient to support a vending facility.
5298		-	Sec. 131. K.S.A. 75-37,121 is hereby amended to read as follows:
5299		-	75-37,121. (a) There is created the office of administrative hearings
5300		-	within the department of administration, to be headed by a director
5301		-	appointed by the secretary of administration. The director shall be in
5302		-	the unclassified service under the Kansas civil service act.
5303		-	(b) The office may employ or contract with presiding officers,
5304		-	court reporters and other support personnel as necessary to conduct
5305		-	proceedings required by the Kansas administrative procedure act for
5306		-	adjudicative proceedings of the state agencies, boards and commissions
5307		-	specified in subsection (h). The office shall conduct adjudicative
5308		-	proceedings of any state agency which that is specified in subsection
5309		-	(h) when requested by such agency. Only a person admitted to practice
5310		-	law in this state or a person directly supervised by a person admitted to
5311		-	practice law in this state may be employed as a presiding officer. The
5312		-	office may employ regular part-time personnel. Persons employed by
5313		-	the office shall be under the classified civil service.
5314		-	(c) If the office cannot furnish one of its presiding officers within
5315		-	60 days in response to a requesting agency's request, the director shall
	10143	+	authority, there shall be included, after consultation with the division of
	10144	+	services for the blind a satisfactory site or sites with space and electrical
	10145	+	and plumbing outlets and other necessary requirements suitable for the
	10146	+	location and operation of a vending facility or facilities by a blind person
	10147	+	or persons. No space shall be rented, leased or otherwise acquired for use
	10148	+	by any department, agency or instrumentality of the state of Kansas after
	10149	+	July 1, 1970, except the Kansas department of wildlife, and parks and
	10150	+	tourism and the Kansas turnpike authority, unless such space includes,
	10151	+	after consultation with the division of services for the blind, a satisfactory
	10152	+	site or sites with space and electrical and plumbing outlets and other
	10153	+	necessary requirements suitable for the location and operation of a vending
	10154	+	facility or facilities by a blind person or persons. All departments, agencies
	10155	+	and instrumentalities of the state of Kansas, except the Kansas department
	10156	+	of wildlife, and parks and tourism and the Kansas turnpike authority, shall
	10157	+	consult with the secretary for children and families or the secretary's
	10158	+	designee and the division of services for the blind in the design,
	10159	+	construction or substantial alteration or renovation of each public building
	10160	+	used by them, and in the renting, leasing or otherwise acquiring of space
	10161	+	for their use, to insure that the requirements set forth in this subsection are
	10162	+	satisfied. This subsection shall not apply when the secretary for children
	10163	+	and families or the secretary's designee and the division of services for the
	10164	+	blind determine that the number of people using the property is insufficient
	10165	+	to support a vending facility.
	10166	+	Sec. 131. K.S.A. 75-37,121 is hereby amended to read as follows: 75-
	10167	+	37,121. (a) There is created the office of administrative hearings within the
	10168	+	department of administration, to be headed by a director appointed by the
	10169	+	secretary of administration. The director shall be in the unclassified service
	10170	+	under the Kansas civil service act.
	10171	+	(b) The office may employ or contract with presiding officers, court
	10172	+	reporters and other support personnel as necessary to conduct proceedings
	10173	+	required by the Kansas administrative procedure act for adjudicative
	10174	+	proceedings of the state agencies, boards and commissions specified in
	10175	+	subsection (h). The office shall conduct adjudicative proceedings of any
	10176	+	state agency which that is specified in subsection (h) when requested by
	10177	+	such agency. Only a person admitted to practice law in this state or a
	10178	+	person directly supervised by a person admitted to practice law in this state
	10179	+	may be employed as a presiding officer. The office may employ regular
	10180	+	part-time personnel. Persons employed by the office shall be under the
	10181	+	classified civil service.
	10182	+	(c) If the office cannot furnish one of its presiding officers within 60
	10183	+	days in response to a requesting agency's request, the director shall
5316	10184		designate in writing a full-time employee of an agency other than the
5317		-	requesting agency to serve as presiding officer for the proceeding, but
5318		-	only with the consent of the employing agency. The designee must
5319		-	shall possess the same qualifications required of presiding officers
5320		-	employed by the office.
5321		-	(d) The director may furnish presiding officers on a contract basis
5322		-	to any governmental entity to conduct any proceeding other than a
	10185	+	1
	10186	+	2
	10187	+	3
	10188	+	4
	10189	+	5
	10190	+	6
	10191	+	7
	10192	+	8
	10193	+	9
	10194	+	10
	10195	+	11
	10196	+	12
	10197	+	13
	10198	+	14
	10199	+	15
	10200	+	16
	10201	+	17
	10202	+	18
	10203	+	19
	10204	+	20
	10205	+	21
	10206	+	22
	10207	+	23
	10208	+	24
	10209	+	25
	10210	+	26
	10211	+	27
	10212	+	28
	10213	+	29
	10214	+	30
	10215	+	31
	10216	+	32
	10217	+	33
	10218	+	34
	10219	+	35
	10220	+	36
	10221	+	37
	10222	+	38
	10223	+	39
	10224	+	40
	10225	+	41
	10226	+	42
	10227	+	43 HB 2332 120
	10228	+	requesting agency to serve as presiding officer for the proceeding, but only
	10229	+	with the consent of the employing agency. The designee must shall possess
	10230	+	the same qualifications required of presiding officers employed by the
	10231	+	office.
	10232	+	(d) The director may furnish presiding officers on a contract basis to
	10233	+	any governmental entity to conduct any proceeding other than a
5323	10234		proceeding as provided in subsection (h).
5324		-	(e) The secretary of administration may adopt rules and
5325		-	regulations:
	10235	+	(e) The secretary of administration may adopt rules and regulations:
5326	10236		(1) To establish procedures for agencies to request and for the
5327	10237		director to assign presiding officers. An agency may neither select nor
5328	10238		reject any individual presiding officer for any proceeding except in
5329	10239		accordance with the Kansas administrative procedure act;
5330	10240		(2) to establish procedures and adopt forms, consistent with the
5331	10241		Kansas administrative procedure act, the model rules of procedure, and
5332	10242		other provisions of law, to govern presiding officers; and
5333		-	(3) to facilitate the performance of the responsibilities conferred
5334		-	~~upon~~ the office by the Kansas administrative procedure act.
	10243	+	(3) to facilitate the performance of the responsibilities conferred upon
	10244	+	the office by the Kansas administrative procedure act.
5335	10245		(f) The director may implement the provisions of this section and
5336	10246		rules and regulations adopted under its authority.
5337		-	(g) The secretary of administration may adopt rules and
5338		-	~~regulations to~~ establish fees to charge a state agency for the cost of
5339		-	~~using a presiding~~ officer.
	10247	+	(g) The secretary of administration may adopt rules and regulations to
	10248	+	establish fees to charge a state agency for the cost of using a presiding
	10249	+	officer.
5340	10250		(h) The following state agencies, boards and commissions shall
5341		-	utilize the office of administrative hearings for conducting adjudicative ~~HOUSE BILL No. 2332—page 91~~
	10251	+	utilize the office of administrative hearings for conducting adjudicative
5342	10252		hearings under the Kansas administrative procedure act in which the
5343	10253		presiding officer is not the agency head or one or more members of the
5344	10254		agency head:
5345	10255		(1) On and after July 1, 2005: Kansas department for children and
5346	10256		families, juvenile justice authority department of corrections, Kansas
5347	10257		department for aging and disability services, department of health and
5348		-	environment, Kansas public employees retirement system, Kansas
5349		-	~~water~~ office, Kansas department of agriculture division of animal
5350		-	~~health and~~ Kansas insurance department.
	10258	+	environment, Kansas public employees retirement system, Kansas water
	10259	+	office, Kansas department of agriculture division of animal health and
	10260	+	Kansas insurance department.
5351	10261		(2) On and after July 1, 2006: Emergency medical services board,
5352	10262		emergency medical services council and Kansas human rights
5353	10263		commission.
5354	10264		(3) On and after July 1, 2007: Kansas lottery, Kansas racing and
5355	10265		gaming commission, state treasurer, pooled money investment board,
5356		-	Kansas department of wildlife, and parks and tourism and state board
5357		-	of tax appeals.
5358		-	(4) On and after July 1, 2008: Department of human resources,
5359		-	state corporation commission, Kansas department of agriculture
5360		-	division of conservation, agricultural labor relations board, department
5361		-	of administration, department of revenue, board of adult care home
	10266	+	Kansas department of wildlife, and parks and tourism and state board of
	10267	+	tax appeals.
	10268	+	(4) On and after July 1, 2008: Department of human resources, state
	10269	+	corporation commission, Kansas department of agriculture division of
	10270	+	conservation, agricultural labor relations board, department of
	10271	+	1
	10272	+	2
	10273	+	3
	10274	+	4
	10275	+	5
	10276	+	6
	10277	+	7
	10278	+	8
	10279	+	9
	10280	+	10
	10281	+	11
	10282	+	12
	10283	+	13
	10284	+	14
	10285	+	15
	10286	+	16
	10287	+	17
	10288	+	18
	10289	+	19
	10290	+	20
	10291	+	21
	10292	+	22
	10293	+	23
	10294	+	24
	10295	+	25
	10296	+	26
	10297	+	27
	10298	+	28
	10299	+	29
	10300	+	30
	10301	+	31
	10302	+	32
	10303	+	33
	10304	+	34
	10305	+	35
	10306	+	36
	10307	+	37
	10308	+	38
	10309	+	39
	10310	+	40
	10311	+	41
	10312	+	42
	10313	+	43 HB 2332 121
	10314	+	administration, department of revenue, board of adult care home
5362	10315		administrators, Kansas state grain inspection department, board of
5363	10316		accountancy and Kansas wheat commission.
5364	10317		(5) On and after July 1, 2009, all other Kansas administrative
5365		-	procedure act hearings not mentioned in subsections (1), (2), (3) and
5366		-	(4).
	10318	+	procedure act hearings not mentioned in subsections (1), (2), (3) and (4).
5367	10319		(i) (1) Effective July 1, 2005, any presiding officer in agencies
5368		-	specified in subsection (h)(1) which that conduct hearings pursuant to
5369		-	the Kansas administrative procedure act, except those exempted
5370		-	pursuant to K.S.A. 77-551, and amendments thereto, and support
5371		-	personnel for such presiding officers, shall be transferred to and shall
5372		-	become employees of the office of administrative hearings. Such
5373		-	personnel shall retain all rights under the state personnel system and
5374		-	retirement benefits under the laws of this state which that had accrued
5375		-	to or vested in such personnel prior to the effective date of this section.
5376		-	Such person's services shall be deemed to have been continuous. All
5377		-	transfers of personnel positions in the classified service under the
5378		-	Kansas civil service act shall be in accordance with civil service laws
5379		-	and any rules and regulations adopted thereunder. This section shall not
5380		-	affect any matter pending before an administrative hearing officer at the
5381		-	time of the effective date of the transfer, and such matter shall proceed
	10320	+	specified in subsection (h)(1) which that conduct hearings pursuant to the
	10321	+	Kansas administrative procedure act, except those exempted pursuant to
	10322	+	K.S.A. 77-551, and amendments thereto, and support personnel for such
	10323	+	presiding officers, shall be transferred to and shall become employees of
	10324	+	the office of administrative hearings. Such personnel shall retain all rights
	10325	+	under the state personnel system and retirement benefits under the laws of
	10326	+	this state which that had accrued to or vested in such personnel prior to the
	10327	+	effective date of this section. Such person's services shall be deemed to
	10328	+	have been continuous. All transfers of personnel positions in the classified
	10329	+	service under the Kansas civil service act shall be in accordance with civil
	10330	+	service laws and any rules and regulations adopted thereunder. This
	10331	+	section shall not affect any matter pending before an administrative
	10332	+	hearing officer at the time of the effective date of the transfer, and such
	10333	+	matter shall proceed as though no transfer of employment had occurred.
	10334	+	(2) Effective July 1, 2006, any presiding officer in agencies specified
	10335	+	in subsection (h)(2) which that conduct hearings pursuant to the Kansas
	10336	+	administrative procedure act, except those exempted pursuant to K.S.A.
	10337	+	77-551, and amendments thereto, and support personnel for such presiding
	10338	+	officers, shall be transferred to and shall become employees of the office
	10339	+	of administrative hearings. Such personnel shall retain all rights under the
	10340	+	state personnel system and retirement benefits under the laws of this state
	10341	+	which that had accrued to or vested in such personnel prior to the effective
	10342	+	date of this section. Such person's services shall be deemed to have been
	10343	+	continuous. All transfers of personnel positions in the classified service
	10344	+	under the Kansas civil service act shall be in accordance with civil service
	10345	+	laws and any rules and regulations adopted thereunder. This section shall
	10346	+	not affect any matter pending before an administrative hearing officer at
	10347	+	the time of the effective date of the transfer, and such matter shall proceed
5382	10348		as though no transfer of employment had occurred.
5383		-	(2) Effective July 1, 2006, any presiding officer in agencies
5384		-	specified in subsection (h)(2) which that conduct hearings pursuant to
5385		-	the Kansas administrative procedure act, except those exempted
5386		-	pursuant to K.S.A. 77-551, and amendments thereto, and support
5387		-	personnel for such presiding officers, shall be transferred to and shall
5388		-	become employees of the office of administrative hearings. Such
5389		-	personnel shall retain all rights under the state personnel system and
5390		-	retirement benefits under the laws of this state which that had accrued
5391		-	to or vested in such personnel prior to the effective date of this section.
5392		-	Such person's services shall be deemed to have been continuous. All
5393		-	transfers of personnel positions in the classified service under the
5394		-	Kansas civil service act shall be in accordance with civil service laws
5395		-	and any rules and regulations adopted thereunder. This section shall not
5396		-	affect any matter pending before an administrative hearing officer at the
5397		-	time of the effective date of the transfer, and such matter shall proceed
	10349	+	(3) Effective July 1, 2007, any presiding officer in agencies specified
	10350	+	in subsection (h)(3) which that conduct hearings pursuant to the Kansas
	10351	+	administrative procedure act, except those exempted pursuant to K.S.A.
	10352	+	77-551, and amendments thereto, and support personnel for such presiding
	10353	+	officers, shall be transferred to and shall become employees of the office
	10354	+	of administrative hearings. Such personnel shall retain all rights under the
	10355	+	state personnel system and retirement benefits under the laws of this state
	10356	+	which that had accrued to or vested in such personnel prior to the effective
	10357	+	1
	10358	+	2
	10359	+	3
	10360	+	4
	10361	+	5
	10362	+	6
	10363	+	7
	10364	+	8
	10365	+	9
	10366	+	10
	10367	+	11
	10368	+	12
	10369	+	13
	10370	+	14
	10371	+	15
	10372	+	16
	10373	+	17
	10374	+	18
	10375	+	19
	10376	+	20
	10377	+	21
	10378	+	22
	10379	+	23
	10380	+	24
	10381	+	25
	10382	+	26
	10383	+	27
	10384	+	28
	10385	+	29
	10386	+	30
	10387	+	31
	10388	+	32
	10389	+	33
	10390	+	34
	10391	+	35
	10392	+	36
	10393	+	37
	10394	+	38
	10395	+	39
	10396	+	40
	10397	+	41
	10398	+	42
	10399	+	43 HB 2332 122
	10400	+	date of this section. Such person's services shall be deemed to have been
	10401	+	continuous. All transfers of personnel positions in the classified service
	10402	+	under the Kansas civil service act shall be in accordance with civil service
	10403	+	laws and any rules and regulations adopted thereunder. This section shall
	10404	+	not affect any matter pending before an administrative hearing officer at
	10405	+	the time of the effective date of the transfer, and such matter shall proceed
5398	10406		as though no transfer of employment had occurred.
5399		-	(3) Effective July 1, 2007, any presiding officer in agencies
5400		-	specified in subsection (h)(3) which that conduct hearings pursuant to HOUSE BILL No. 2332—page 92
5401		-	the Kansas administrative procedure act, except those exempted
5402		-	pursuant to K.S.A. 77-551, and amendments thereto, and support
5403		-	personnel for such presiding officers, shall be transferred to and shall
5404		-	become employees of the office of administrative hearings. Such
5405		-	personnel shall retain all rights under the state personnel system and
5406		-	retirement benefits under the laws of this state which that had accrued
5407		-	to or vested in such personnel prior to the effective date of this section.
5408		-	Such person's services shall be deemed to have been continuous. All
5409		-	transfers of personnel positions in the classified service under the
5410		-	Kansas civil service act shall be in accordance with civil service laws
5411		-	and any rules and regulations adopted thereunder. This section shall not
5412		-	affect any matter pending before an administrative hearing officer at the
5413		-	time of the effective date of the transfer, and such matter shall proceed
5414		-	as though no transfer of employment had occurred.
5415		-	(4) Effective July 1, 2008, any full-time presiding officer in
5416		-	agencies specified in subsection (h)(4) which that conduct hearings
5417		-	pursuant to the Kansas administrative procedure act, except those
5418		-	exempted pursuant to K.S.A. 77-551, and amendments thereto, and
5419		-	support personnel for such presiding officers, shall be transferred to and
5420		-	shall become employees of the office of administrative hearings. Such
5421		-	personnel shall retain all rights under the state personnel system and
5422		-	retirement benefits under the laws of this state which that had accrued
5423		-	to or vested in such personnel prior to the effective date of this section.
5424		-	Such person's services shall be deemed to have been continuous. All
5425		-	transfers of personnel positions in the classified service under the
5426		-	Kansas civil service act shall be in accordance with civil service laws
5427		-	and any rules and regulations adopted thereunder. This section shall not
5428		-	affect any matter pending before an administrative hearing officer at the
5429		-	time of the effective date of the transfer, and such matter shall proceed
5430		-	as though no transfer of employment had occurred.
5431		-	(5) Effective July 1, 2009, any full-time presiding officer in
5432		-	agencies specified in subsection (h)(5) which that conduct hearings
5433		-	pursuant to the Kansas administrative procedure act, except those
5434		-	exempted pursuant to K.S.A. 77-551, and amendments thereto, and
5435		-	support personnel for such presiding officers, shall be transferred to and
5436		-	shall become employees of the office of administrative hearings. Such
5437		-	personnel shall retain all rights under the state personnel system and
5438		-	retirement benefits under the laws of this state which that had accrued
5439		-	to or vested in such personnel prior to the effective date of this section.
5440		-	Such person's services shall be deemed to have been continuous. All
5441		-	transfers of personnel positions in the classified service under the
5442		-	Kansas civil service act shall be in accordance with civil service laws
5443		-	and any rules and regulations adopted thereunder. This section shall not
5444		-	affect any matter pending before an administrative hearing officer at the
5445		-	time of the effective date of the transfer, and such matter shall proceed
5446		-	as though no transfer of employment occurred.
5447		-	Sec. 132. K.S.A. 75-3907 is hereby amended to read as follows:
5448		-	75-3907. Except as otherwise provided in this order, on the effective
5449		-	date of this order, officers and employees who, immediately prior to
5450		-	such date, were engaged in the performance of powers, duties or
5451		-	functions of any state agency or office which that is abolished by this
5452		-	order, or which that becomes a part of the Kansas department of
5453		-	wildlife, and parks and tourism, or the powers, duties and functions of
5454		-	which are transferred to the secretary of wildlife, and parks and
5455		-	tourism, and who, in the opinion of the secretary of wildlife, and parks
5456		-	and tourism, are necessary to perform the powers, duties and functions
5457		-	of the Kansas department of wildlife, and parks and tourism, shall be
5458		-	transferred to, and shall become officers and employees of the
5459		-	department. Any such officer or employee shall retain all retirement HOUSE BILL No. 2332—page 93
5460		-	benefits and all rights of civil service which that had accrued to or
5461		-	vested in such officer or employee prior to the effective date of this
5462		-	order. The service of each such officer and employee so transferred
5463		-	shall be deemed to have been continuous.
5464		-	Sec. 133. K.S.A. 75-3908 is hereby amended to read as follows:
5465		-	75-3908. (a) When any conflict arises as to the disposition of any
5466		-	property, power, duty or function or the unexpended balance of any
5467		-	appropriation as a result of any abolition, transfer, attachment or change
5468		-	made by or under authority of this order, such conflict shall be resolved
5469		-	by the governor, whose decision shall be final.
5470		-	(b) The Kansas department of wildlife, and parks and tourism
5471		-	shall succeed to all property, property rights and records which that
5472		-	were used for or pertain to the performance of the powers, duties and
5473		-	functions transferred to the secretary of wildlife, and parks and tourism.
5474		-	Any conflict as to the proper disposition of property or records arising
5475		-	under this section, and resulting from the transfer, attachment or
5476		-	abolition of any state agency or office, or all or part of the powers,
5477		-	duties and functions thereof, shall be determined by the governor,
	10407	+	(4) Effective July 1, 2008, any full-time presiding officer in agencies
	10408	+	specified in subsection (h)(4) which that conduct hearings pursuant to the
	10409	+	Kansas administrative procedure act, except those exempted pursuant to
	10410	+	K.S.A. 77-551, and amendments thereto, and support personnel for such
	10411	+	presiding officers, shall be transferred to and shall become employees of
	10412	+	the office of administrative hearings. Such personnel shall retain all rights
	10413	+	under the state personnel system and retirement benefits under the laws of
	10414	+	this state which that had accrued to or vested in such personnel prior to the
	10415	+	effective date of this section. Such person's services shall be deemed to
	10416	+	have been continuous. All transfers of personnel positions in the classified
	10417	+	service under the Kansas civil service act shall be in accordance with civil
	10418	+	service laws and any rules and regulations adopted thereunder. This
	10419	+	section shall not affect any matter pending before an administrative
	10420	+	hearing officer at the time of the effective date of the transfer, and such
	10421	+	matter shall proceed as though no transfer of employment had occurred.
	10422	+	(5) Effective July 1, 2009, any full-time presiding officer in agencies
	10423	+	specified in subsection (h)(5) which that conduct hearings pursuant to the
	10424	+	Kansas administrative procedure act, except those exempted pursuant to
	10425	+	K.S.A. 77-551, and amendments thereto, and support personnel for such
	10426	+	presiding officers, shall be transferred to and shall become employees of
	10427	+	the office of administrative hearings. Such personnel shall retain all rights
	10428	+	under the state personnel system and retirement benefits under the laws of
	10429	+	this state which that had accrued to or vested in such personnel prior to the
	10430	+	effective date of this section. Such person's services shall be deemed to
	10431	+	have been continuous. All transfers of personnel positions in the classified
	10432	+	service under the Kansas civil service act shall be in accordance with civil
	10433	+	service laws and any rules and regulations adopted thereunder. This
	10434	+	section shall not affect any matter pending before an administrative
	10435	+	hearing officer at the time of the effective date of the transfer, and such
	10436	+	matter shall proceed as though no transfer of employment occurred.
	10437	+	Sec. 132. K.S.A. 75-3907 is hereby amended to read as follows: 75-
	10438	+	3907. Except as otherwise provided in this order, on the effective date of
	10439	+	this order, officers and employees who, immediately prior to such date,
	10440	+	were engaged in the performance of powers, duties or functions of any
	10441	+	state agency or office which that is abolished by this order, or which that
	10442	+	becomes a part of the Kansas department of wildlife, and parks and
	10443	+	1
	10444	+	2
	10445	+	3
	10446	+	4
	10447	+	5
	10448	+	6
	10449	+	7
	10450	+	8
	10451	+	9
	10452	+	10
	10453	+	11
	10454	+	12
	10455	+	13
	10456	+	14
	10457	+	15
	10458	+	16
	10459	+	17
	10460	+	18
	10461	+	19
	10462	+	20
	10463	+	21
	10464	+	22
	10465	+	23
	10466	+	24
	10467	+	25
	10468	+	26
	10469	+	27
	10470	+	28
	10471	+	29
	10472	+	30
	10473	+	31
	10474	+	32
	10475	+	33
	10476	+	34
	10477	+	35
	10478	+	36
	10479	+	37
	10480	+	38
	10481	+	39
	10482	+	40
	10483	+	41
	10484	+	42
	10485	+	43 HB 2332 123
	10486	+	tourism, or the powers, duties and functions of which are transferred to the
	10487	+	secretary of wildlife, and parks and tourism, and who, in the opinion of the
	10488	+	secretary of wildlife, and parks and tourism, are necessary to perform the
	10489	+	powers, duties and functions of the Kansas department of wildlife, and
	10490	+	parks and tourism, shall be transferred to, and shall become officers and
	10491	+	employees of the department. Any such officer or employee shall retain all
	10492	+	retirement benefits and all rights of civil service which that had accrued to
	10493	+	or vested in such officer or employee prior to the effective date of this
	10494	+	order. The service of each such officer and employee so transferred shall
	10495	+	be deemed to have been continuous.
	10496	+	Sec. 133. K.S.A. 75-3908 is hereby amended to read as follows: 75-
	10497	+	3908. (a) When any conflict arises as to the disposition of any property,
	10498	+	power, duty or function or the unexpended balance of any appropriation as
	10499	+	a result of any abolition, transfer, attachment or change made by or under
	10500	+	authority of this order, such conflict shall be resolved by the governor,
5478	10501		whose decision shall be final.
5479		-	Sec. 134. K.S.A. 75-3910 is hereby amended to read as follows:
5480		-	75-3910. (a) On the effective date of this order, the balance of all funds
5481		-	appropriated and reappropriated to any of the state agencies abolished
5482		-	by this order is hereby transferred to the Kansas department of wildlife,
5483		-	and parks and tourism and shall be used only for the purpose for which
5484		-	the appropriation was originally made.
	10502	+	(b) The Kansas department of wildlife, and parks and tourism shall
	10503	+	succeed to all property, property rights and records which that were used
	10504	+	for or pertain to the performance of the powers, duties and functions
	10505	+	transferred to the secretary of wildlife, and parks and tourism. Any conflict
	10506	+	as to the proper disposition of property or records arising under this
	10507	+	section, and resulting from the transfer, attachment or abolition of any state
	10508	+	agency or office, or all or part of the powers, duties and functions thereof,
	10509	+	shall be determined by the governor, whose decision shall be final.
	10510	+	Sec. 134. K.S.A. 75-3910 is hereby amended to read as follows: 75-
	10511	+	3910. (a) On the effective date of this order, the balance of all funds
	10512	+	appropriated and reappropriated to any of the state agencies abolished by
	10513	+	this order is hereby transferred to the Kansas department of wildlife, and
	10514	+	parks and tourism and shall be used only for the purpose for which the
	10515	+	appropriation was originally made.
5485	10516		(b) On the effective date of this order, the liability for all accrued
5486	10517		compensation or salaries of officers and employees who, immediately
5487		-	prior to such date, were engaged in the performance of powers, duties
5488		-	or functions of any state agency or office abolished by this order, or
5489		-	which that becomes a part of the Kansas department of wildlife, and
5490		-	parks and tourism established by this order, or the powers, duties and
5491		-	functions of which are transferred to the secretary of wildlife, and parks
5492		-	and tourism provided for by this order, shall be assumed and paid by
5493		-	the Kansas department of wildlife, and parks and tourism established
5494		-	by this order.
	10518	+	prior to such date, were engaged in the performance of powers, duties or
	10519	+	functions of any state agency or office abolished by this order, or which
	10520	+	that becomes a part of the Kansas department of wildlife, and parks and
	10521	+	tourism established by this order, or the powers, duties and functions of
	10522	+	which are transferred to the secretary of wildlife, and parks and tourism
	10523	+	provided for by this order, shall be assumed and paid by the Kansas
	10524	+	department of wildlife, and parks and tourism established by this order.
5495	10525		Sec. 135. K.S.A. 76-463 is hereby amended to read as follows: 76-
5496	10526		463. In connection with its duties, the section shall cooperate with the
5497	10527		Kansas department of wildlife, and parks and tourism.
5498	10528		Sec. 136. K.S.A. 77-415 is hereby amended to read as follows: 77-
5499		-	415. (a) K.S.A. 77-415 through 77-438, and amendments thereto, shall
5500		-	be known and may be cited as the rules and regulations filing act.
	10529	+	1
	10530	+	2
	10531	+	3
	10532	+	4
	10533	+	5
	10534	+	6
	10535	+	7
	10536	+	8
	10537	+	9
	10538	+	10
	10539	+	11
	10540	+	12
	10541	+	13
	10542	+	14
	10543	+	15
	10544	+	16
	10545	+	17
	10546	+	18
	10547	+	19
	10548	+	20
	10549	+	21
	10550	+	22
	10551	+	23
	10552	+	24
	10553	+	25
	10554	+	26
	10555	+	27
	10556	+	28
	10557	+	29
	10558	+	30
	10559	+	31
	10560	+	32
	10561	+	33
	10562	+	34
	10563	+	35
	10564	+	36
	10565	+	37
	10566	+	38
	10567	+	39
	10568	+	40
	10569	+	41
	10570	+	42
	10571	+	43 HB 2332 124
	10572	+	415. (a) K.S.A. 77-415 through 77-438, and amendments thereto, shall be
	10573	+	known and may be cited as the rules and regulations filing act.
5501	10574		(b) (1) Unless otherwise provided by statute or constitutional
5502	10575		provision, each rule and regulation issued or adopted by a state agency
5503		-	shall comply with the requirements of the rules and regulations filing
5504		-	act. Except as provided in this section, any standard, requirement or
5505		-	other policy of general application may be given binding legal effect
5506		-	only if it has complied with the requirements of the rules and
5507		-	regulations filing act.
	10576	+	shall comply with the requirements of the rules and regulations filing act.
	10577	+	Except as provided in this section, any standard, requirement or other
	10578	+	policy of general application may be given binding legal effect only if it
	10579	+	has complied with the requirements of the rules and regulations filing act.
5508	10580		(2) Notwithstanding the provisions of this section:
5509	10581		(A) An agency may bind parties, establish policies, and interpret
5510	10582		statutes or regulations by order in an adjudication under the Kansas
5511		-	administrative procedure act or other procedures required by law,
5512		-	~~except~~ that such order shall not be used as precedent in any subsequent
	10583	+	administrative procedure act or other procedures required by law, except
	10584	+	that such order shall not be used as precedent in any subsequent
5513	10585		adjudication against a person who was not a party to the original
5514	10586		adjudication unless the order is:
5515	10587		(i) Designated by the agency as precedent;
5516	10588		(ii) not overruled by a court or later adjudication; and
5517	10589		(iii) disseminated to the public in one of the following ways:
5518		-	(a) Inclusion in a publicly available index, maintained by the HOUSE BILL No. 2332—page 94
5519		-	agency and published on its website, of all orders designated as
5520		-	precedent;
	10590	+	(a) Inclusion in a publicly available index, maintained by the agency
	10591	+	and published on its website, of all orders designated as precedent;
5521	10592		(b) publication by posting in full on an agency website in a format
5522	10593		capable of being searched by key terms; or
5523		-	(c) being made available to the public in such other manner as
5524		-	~~may be~~ prescribed by the secretary of state.
5525		-	(B) Any statement of agency policy may be treated as binding
5526		-	~~within~~ the agency if such statement of policy is directed to:
	10594	+	(c) being made available to the public in such other manner as may be
	10595	+	prescribed by the secretary of state.
	10596	+	(B) Any statement of agency policy may be treated as binding within
	10597	+	the agency if such statement of policy is directed to:
5527	10598		(i) Agency personnel relating to the performance of their duties.
5528	10599		(ii) The internal management of or organization of the agency.
5529		-	No such statement of agency policy listed in clauses (i) and (ii) of
5530		-	~~this~~ subparagraph may be relied on to bind the general public.
	10600	+	No such statement of agency policy listed in clauses (i) and (ii) of this
	10601	+	subparagraph may be relied on to bind the general public.
5531	10602		(C) An agency may provide forms, the content or substantive
5532	10603		requirements of which are prescribed by rule and regulation or statute,
5533	10604		except that no such form may give rise to any legal right or duty or be
5534	10605		treated as authority for any standard, requirement or policy reflected
5535	10606		therein.
5536	10607		(D) An agency may provide guidance or information to the public,
5537		-	describing any agency policy or statutory or regulatory requirement
5538		-	~~except~~ that no such guidance or information may give rise to any legal
5539		-	~~right or~~ duty or be treated as authority for any standard, requirement or
5540		-	~~policy~~ reflected therein.
5541		-	(E) None of the following shall be subject to the rules and
5542		-	~~regulations~~ filing act:
	10608	+	describing any agency policy or statutory or regulatory requirement except
	10609	+	that no such guidance or information may give rise to any legal right or
	10610	+	duty or be treated as authority for any standard, requirement or policy
	10611	+	reflected therein.
	10612	+	(E) None of the following shall be subject to the rules and regulations
	10613	+	filing act:
5543	10614		(i) Any policy relating to the curriculum of a public educational
	10615	+	1
	10616	+	2
	10617	+	3
	10618	+	4
	10619	+	5
	10620	+	6
	10621	+	7
	10622	+	8
	10623	+	9
	10624	+	10
	10625	+	11
	10626	+	12
	10627	+	13
	10628	+	14
	10629	+	15
	10630	+	16
	10631	+	17
	10632	+	18
	10633	+	19
	10634	+	20
	10635	+	21
	10636	+	22
	10637	+	23
	10638	+	24
	10639	+	25
	10640	+	26
	10641	+	27
	10642	+	28
	10643	+	29
	10644	+	30
	10645	+	31
	10646	+	32
	10647	+	33
	10648	+	34
	10649	+	35
	10650	+	36
	10651	+	37
	10652	+	38
	10653	+	39
	10654	+	40
	10655	+	41
	10656	+	42
	10657	+	43 HB 2332 125
5544	10658		institution or to the administration, conduct, discipline, or graduation of
5545	10659		students from such institution.
5546	10660		(ii) Any parking and traffic regulations of any state educational
5547		-	institution under the control and supervision of the state board of
5548		-	regents.
	10661	+	institution under the control and supervision of the state board of regents.
5549	10662		(iii) Any rule and regulation relating to the emergency or security
5550	10663		procedures of a correctional institution, as defined in subsection (d) of
5551	10664		K.S.A. 75-5202(d), and amendments thereto.
5552		-	(iv) Any order issued by the secretary of corrections or any
5553		-	warden of a correctional institution under K.S.A. 75-5256, and
5554		-	amendments thereto.
	10665	+	(iv) Any order issued by the secretary of corrections or any warden of
	10666	+	a correctional institution under K.S.A. 75-5256, and amendments thereto.
5555	10667		(F) When a statute authorizing an agency to issue rules and
5556		-	regulations or take other action specifies the procedures for doing so,
5557		-	~~those~~ procedures shall apply instead of the procedures in the rules and
	10668	+	regulations or take other action specifies the procedures for doing so, those
	10669	+	procedures shall apply instead of the procedures in the rules and
5558	10670		regulations filing act.
5559	10671		(c) As used in the rules and regulations filing act, and amendments
5560	10672		thereto, unless the context clearly requires otherwise:
5561		-	(1) "Board" means the state rules and regulations board
5562		-	established under the provisions of K.S.A. 77-423, and amendments
5563		-	thereto.
	10673	+	(1) "Board" means the state rules and regulations board established
	10674	+	under the provisions of K.S.A. 77-423, and amendments thereto.
5564	10675		(2) "Environmental rule and regulation" means:
5565		-	(A) A rule and regulation adopted by the secretary of agriculture,
5566		-	the secretary of health and environment or the state corporation
5567		-	commission, which that has as a primary purpose the protection of the
5568		-	environment; or
	10676	+	(A) A rule and regulation adopted by the secretary of agriculture, the
	10677	+	secretary of health and environment or the state corporation commission,
	10678	+	which that has as a primary purpose the protection of the environment; or
5569	10679		(B) a rule and regulation adopted by the secretary of wildlife, and
5570		-	parks and tourism concerning threatened or endangered species of
5571		-	~~wildlife~~ as defined in K.S.A. 32-958, and amendments thereto.
	10680	+	parks and tourism concerning threatened or endangered species of wildlife
	10681	+	as defined in K.S.A. 32-958, and amendments thereto.
5572	10682		(3) "Person" means an individual, firm, association, organization,
5573	10683		partnership, business trust, corporation, company or any other legal or
5574	10684		commercial entity.
5575		-	(4) "Rule and regulation," "rule," and "regulation" means a
5576		-	standard, requirement or other policy of general application that has the
5577		-	force and effect of law, including amendments or revocations thereof, HOUSE BILL No. 2332—page 95
5578		-	issued or adopted by a state agency to implement or interpret
5579		-	legislation.
	10685	+	(4) "Rule and regulation," "rule," and "regulation" means a standard,
	10686	+	requirement or other policy of general application that has the force and
	10687	+	effect of law, including amendments or revocations thereof, issued or
	10688	+	adopted by a state agency to implement or interpret legislation.
5580	10689		(5) "Rulemaking" shall have the meaning ascribed to it means the
5581	10690		same as defined in K.S.A. 77-602, and amendments thereto.
5582	10691		(6) "Small employer" means any person, firm, corporation,
5583		-	partnership or association that employs not more than 50 employees,
5584		-	~~the~~ majority of whom are employed within this state.
5585		-	(7) "State agency" means any officer, department, bureau,
5586		-	~~division,~~ board, authority, agency, commission or institution of this
5587		-	~~state, except the~~ judicial and legislative branches, which is authorized
5588		-	~~by law to promulgate~~ rules and regulations concerning the
5589		-	~~administration, enforcement or~~ interpretation of any law of this state.
	10692	+	partnership or association that employs not more than 50 employees, the
	10693	+	majority of whom are employed within this state.
	10694	+	(7) "State agency" means any officer, department, bureau, division,
	10695	+	board, authority, agency, commission or institution of this state, except the
	10696	+	judicial and legislative branches, which is authorized by law to promulgate
	10697	+	rules and regulations concerning the administration, enforcement or
	10698	+	interpretation of any law of this state.
5590	10699		Sec. 137. K.S.A. 2022 Supp. 77-421 is hereby amended to read as
5591		-	follows: 77-421.(a) (1) Except as provided by subsection (a)(2),
5592		-	subsection (a)(3) or subsection (a)(4), prior to the adoption of any
5593		-	permanent rule and regulation or any temporary rule and regulation
5594		-	which that is required to be adopted as a temporary rule and regulation
5595		-	in order to comply with the requirements of the statute authorizing the
5596		-	same and after any such rule and regulation has been approved by the
5597		-	secretary of administration, the attorney general and the director of the
5598		-	budget, the adopting state agency shall give at least 60 days' notice of
5599		-	its intended action in the Kansas register and to the secretary of state
5600		-	and to the joint committee on administrative rules and regulations
5601		-	established by K.S.A. 77-436, and amendments thereto. The notice
5602		-	shall be provided to the secretary of state and to the chairperson, vice
5603		-	chairperson, ranking minority member of the joint committee and
5604		-	legislative research department and shall be published in the Kansas
5605		-	register. A complete copy of all proposed rules and regulations and the
5606		-	complete economic impact statement required by K.S.A. 77-416, and
5607		-	amendments thereto, shall accompany the notice sent to the secretary of
5608		-	state. The notice shall contain:
	10700	+	follows: 77-421.(a) (1) Except as provided by subsection (a)(2), subsection
	10701	+	1
	10702	+	2
	10703	+	3
	10704	+	4
	10705	+	5
	10706	+	6
	10707	+	7
	10708	+	8
	10709	+	9
	10710	+	10
	10711	+	11
	10712	+	12
	10713	+	13
	10714	+	14
	10715	+	15
	10716	+	16
	10717	+	17
	10718	+	18
	10719	+	19
	10720	+	20
	10721	+	21
	10722	+	22
	10723	+	23
	10724	+	24
	10725	+	25
	10726	+	26
	10727	+	27
	10728	+	28
	10729	+	29
	10730	+	30
	10731	+	31
	10732	+	32
	10733	+	33
	10734	+	34
	10735	+	35
	10736	+	36
	10737	+	37
	10738	+	38
	10739	+	39
	10740	+	40
	10741	+	41
	10742	+	42
	10743	+	43 HB 2332 126
	10744	+	(a)(3) or subsection (a)(4), prior to the adoption of any permanent rule and
	10745	+	regulation or any temporary rule and regulation which that is required to
	10746	+	be adopted as a temporary rule and regulation in order to comply with the
	10747	+	requirements of the statute authorizing the same and after any such rule
	10748	+	and regulation has been approved by the secretary of administration, the
	10749	+	attorney general and the director of the budget, the adopting state agency
	10750	+	shall give at least 60 days' notice of its intended action in the Kansas
	10751	+	register and to the secretary of state and to the joint committee on
	10752	+	administrative rules and regulations established by K.S.A. 77-436, and
	10753	+	amendments thereto. The notice shall be provided to the secretary of state
	10754	+	and to the chairperson, vice chairperson, ranking minority member of the
	10755	+	joint committee and legislative research department and shall be published
	10756	+	in the Kansas register. A complete copy of all proposed rules and
	10757	+	regulations and the complete economic impact statement required by
	10758	+	K.S.A. 77-416, and amendments thereto, shall accompany the notice sent
	10759	+	to the secretary of state. The notice shall contain:
5609	10760		(A) A summary of the substance of the proposed rules and
5610	10761		regulations;
5611	10762		(B) a summary of the economic impact statement indicating the
5612	10763		estimated economic impact on governmental agencies or units, persons
5613	10764		subject to the proposed rules and regulations and the general public;
5614		-	(C) a summary of the environmental benefit statement, if
5615		-	~~applicable,~~ indicating the need for the proposed rules and regulations;
	10765	+	(C) a summary of the environmental benefit statement, if applicable,
	10766	+	indicating the need for the proposed rules and regulations;
5616	10767		(D) the address where a complete copy of the proposed rules and
5617		-	regulations, the complete economic impact statement, the
5618		-	environmental benefit statement, if applicable, required by K.S.A. 77-
5619		-	416, and amendments thereto, may be obtained;
5620		-	(E) the time and place of the public hearing to be held; the manner
5621		-	in which interested parties may present their views; and
5622		-	(F) a specific statement that the period of 60 days' notice
5623		-	constitutes a public comment period for the purpose of receiving
5624		-	written public comments on the proposed rules and regulations and the
5625		-	address where such comments may be submitted to the state agency.
5626		-	Publication of such notice in the Kansas register shall constitute notice
5627		-	to all parties affected by the rules and regulations.
5628		-	(2) Prior to adopting any rule and regulation which that
5629		-	establishes seasons and fixes bag, creel, possession, size or length
5630		-	limits for the taking or possession of wildlife and after such rule and
5631		-	regulation has been approved by the secretary of administration and the
5632		-	attorney general, the secretary of wildlife, and parks and tourism shall
5633		-	give at least 30 days' notice of its intended action in the Kansas register
5634		-	and to the secretary of state and to the joint committee on
5635		-	administrative rules and regulations created pursuant to K.S.A. 77-436,
5636		-	and amendments thereto. All other provisions of subsection (a)(1) shall HOUSE BILL No. 2332—page 96
5637		-	apply to such rules and regulations, except that the statement required
5638		-	by subsection (a)(1)(F) shall state that the period of 30 days' notice
5639		-	constitutes a public comment period on such rules and regulations.
5640		-	(3) Prior to adopting any rule and regulation which that
5641		-	establishes any permanent prior authorization on a prescription-only
5642		-	drug pursuant to K.S.A. 39-7,120, and amendments thereto, or which
5643		-	concerns coverage or reimbursement for pharmaceuticals under the
5644		-	pharmacy program of the state medicaid plan, and after such rule and
5645		-	regulation has been approved by the director of the budget, the
5646		-	secretary of administration and the attorney general, the secretary of
5647		-	health and environment shall give at least 30 days' notice of its intended
5648		-	action in the Kansas register and to the secretary of state and to the
5649		-	joint committee on administrative rules and regulations created
5650		-	pursuant to K.S.A. 77-436, and amendments thereto. All other
5651		-	provisions of subsection (a)(1) shall apply to such rules and
5652		-	regulations, except that the statement required by subsection (a)(1)(F)
5653		-	shall state that the period of 30 days' notice constitutes a public
5654		-	comment period on such rules and regulations.
5655		-	(4) Prior to adopting any rule and regulation pursuant to
5656		-	subsection (c), the state agency shall give at least 60 days' notice of its
5657		-	intended action in the Kansas register and to the secretary of state and
5658		-	to the joint committee on administrative rules and regulations created
5659		-	pursuant to K.S.A. 77-436, and amendments thereto. All other
5660		-	provisions of subsection (a)(1) shall apply to such rules and
5661		-	regulations, except that the statement required by subsection (a)(1)(F)
5662		-	shall state that the period of notice constitutes a public comment period
	10768	+	regulations, the complete economic impact statement, the environmental
	10769	+	benefit statement, if applicable, required by K.S.A. 77-416, and
	10770	+	amendments thereto, may be obtained;
	10771	+	(E) the time and place of the public hearing to be held; the manner in
	10772	+	which interested parties may present their views; and
	10773	+	(F) a specific statement that the period of 60 days' notice constitutes a
	10774	+	public comment period for the purpose of receiving written public
	10775	+	comments on the proposed rules and regulations and the address where
	10776	+	such comments may be submitted to the state agency. Publication of such
	10777	+	notice in the Kansas register shall constitute notice to all parties affected
	10778	+	by the rules and regulations.
	10779	+	(2) Prior to adopting any rule and regulation which that establishes
	10780	+	seasons and fixes bag, creel, possession, size or length limits for the taking
	10781	+	or possession of wildlife and after such rule and regulation has been
	10782	+	approved by the secretary of administration and the attorney general, the
	10783	+	secretary of wildlife, and parks and tourism shall give at least 30 days'
	10784	+	notice of its intended action in the Kansas register and to the secretary of
	10785	+	state and to the joint committee on administrative rules and regulations
	10786	+	created pursuant to K.S.A. 77-436, and amendments thereto. All other
	10787	+	1
	10788	+	2
	10789	+	3
	10790	+	4
	10791	+	5
	10792	+	6
	10793	+	7
	10794	+	8
	10795	+	9
	10796	+	10
	10797	+	11
	10798	+	12
	10799	+	13
	10800	+	14
	10801	+	15
	10802	+	16
	10803	+	17
	10804	+	18
	10805	+	19
	10806	+	20
	10807	+	21
	10808	+	22
	10809	+	23
	10810	+	24
	10811	+	25
	10812	+	26
	10813	+	27
	10814	+	28
	10815	+	29
	10816	+	30
	10817	+	31
	10818	+	32
	10819	+	33
	10820	+	34
	10821	+	35
	10822	+	36
	10823	+	37
	10824	+	38
	10825	+	39
	10826	+	40
	10827	+	41
	10828	+	42
	10829	+	43 HB 2332 127
	10830	+	provisions of subsection (a)(1) shall apply to such rules and regulations,
	10831	+	except that the statement required by subsection (a)(1)(F) shall state that
	10832	+	the period of 30 days' notice constitutes a public comment period on such
	10833	+	rules and regulations.
	10834	+	(3) Prior to adopting any rule and regulation which that establishes
	10835	+	any permanent prior authorization on a prescription-only drug pursuant to
	10836	+	K.S.A. 39-7,120, and amendments thereto, or which concerns coverage or
	10837	+	reimbursement for pharmaceuticals under the pharmacy program of the
	10838	+	state medicaid plan, and after such rule and regulation has been approved
	10839	+	by the director of the budget, the secretary of administration and the
	10840	+	attorney general, the secretary of health and environment shall give at least
	10841	+	30 days' notice of its intended action in the Kansas register and to the
	10842	+	secretary of state and to the joint committee on administrative rules and
	10843	+	regulations created pursuant to K.S.A. 77-436, and amendments thereto.
	10844	+	All other provisions of subsection (a)(1) shall apply to such rules and
	10845	+	regulations, except that the statement required by subsection (a)(1)(F) shall
	10846	+	state that the period of 30 days' notice constitutes a public comment period
5663	10847		on such rules and regulations.
5664		-	(b) (1) On the date of the hearing, all interested parties shall be
5665		-	given reasonable opportunity to present their views or arguments on
5666		-	adoption of the rule and regulation, either orally or in writing. At the
5667		-	time it adopts or amends a rule and regulation, the state agency shall
5668		-	prepare a concise statement of the principal reasons for adopting the
5669		-	rule and regulation or amendment thereto, including:
	10848	+	(4) Prior to adopting any rule and regulation pursuant to subsection
	10849	+	(c), the state agency shall give at least 60 days' notice of its intended action
	10850	+	in the Kansas register and to the secretary of state and to the joint
	10851	+	committee on administrative rules and regulations created pursuant to
	10852	+	K.S.A. 77-436, and amendments thereto. All other provisions of
	10853	+	subsection (a)(1) shall apply to such rules and regulations, except that the
	10854	+	statement required by subsection (a)(1)(F) shall state that the period of
	10855	+	notice constitutes a public comment period on such rules and regulations.
	10856	+	(b) (1) On the date of the hearing, all interested parties shall be given
	10857	+	reasonable opportunity to present their views or arguments on adoption of
	10858	+	the rule and regulation, either orally or in writing. At the time it adopts or
	10859	+	amends a rule and regulation, the state agency shall prepare a concise
	10860	+	statement of the principal reasons for adopting the rule and regulation or
	10861	+	amendment thereto, including:
5670	10862		(A) The agency's reasons for not accepting substantial arguments
5671	10863		made in testimony and comments; and
5672	10864		(B) the reasons for any substantial change between the text of the
5673	10865		proposed adopted or amended rule and regulation contained in the
5674		-	published notice of the proposed adoption or amendment of the rule
5675		-	~~and~~ regulation and the text of the rule and regulation as finally adopted.
5676		-	(2) Whenever a state agency is required by any other statute to
5677		-	~~give~~ notice and hold a hearing before adopting, amending, reviving or
5678		-	~~revoking~~ a rule and regulation, the state agency, in lieu of following the
	10866	+	published notice of the proposed adoption or amendment of the rule and
	10867	+	regulation and the text of the rule and regulation as finally adopted.
	10868	+	(2) Whenever a state agency is required by any other statute to give
	10869	+	notice and hold a hearing before adopting, amending, reviving or revoking
	10870	+	a rule and regulation, the state agency, in lieu of following the
5679	10871		requirements or statutory procedure set out in such other law, may give
5680		-	notice and hold hearings on proposed rules and regulations in the
5681		-	manner prescribed by this section.
5682		-	(3) Notwithstanding the other provisions of this section, the
5683		-	secretary of corrections may give notice or an opportunity to be heard
5684		-	to any inmate in the custody of the secretary with regard to the adoption
5685		-	of any rule and regulation.
5686		-	(c) (1) The agency shall initiate new rulemaking proceedings
5687		-	under this act, if a state agency proposes to adopt a final rule and
5688		-	regulation that:
5689		-	(A) Differs in subject matter or effect in any material respect from
5690		-	the rule and regulation as originally proposed; and
5691		-	(B) is not a logical outgrowth of the rule and regulation as
5692		-	originally proposed.
5693		-	(2) For the purposes of this provision, a rule and regulation is not
5694		-	the logical outgrowth of the rule and regulation as originally proposed
5695		-	if a person affected by the final rule and regulation was not put on HOUSE BILL No. 2332—page 97
5696		-	notice that such person's interests were affected in the rule making.
5697		-	(d) When, pursuant to this or any other statute, a state agency
5698		-	holds a hearing on the adoption of a proposed rule and regulation, the
5699		-	agency shall cause written minutes or other records, including a record
5700		-	maintained on sound recording tape or on any electronically accessed
5701		-	media or any combination of written or electronically accessed media
5702		-	records of the hearing to be made. If the proposed rule and regulation is
5703		-	adopted and becomes effective, the state agency shall maintain, for not
5704		-	less than three years after its effective date, such minutes or other
5705		-	records, together with any recording, transcript or other record made of
5706		-	the hearing and a list of all persons who appeared at the hearing and
5707		-	who they represented, any written testimony presented at the hearing
5708		-	and any written comments submitted during the public comment
5709		-	period.
5710		-	(e) No rule and regulation shall be adopted by a board,
5711		-	commission, authority or other similar body except at a meeting which
5712		-	is open to the public and notwithstanding any other provision of law to
5713		-	the contrary, no rule and regulation shall be adopted by a board,
5714		-	commission, authority or other similar body unless it receives approval
5715		-	by roll call vote of a majority of the total membership thereof.
5716		-	Sec. 138. K.S.A. 79-201a is hereby amended to read as follows:
5717		-	79-201a. The following described property, to the extent herein
5718		-	specified, shall be exempt from all property or ad valorem taxes levied
5719		-	under the laws of the state of Kansas:
5720		-	First. All property belonging exclusively to the United States,
5721		-	except property which congress has expressly declared to be subject to
5722		-	state and local taxation.
5723		-	Second. All property used exclusively by the state or any
5724		-	municipality or political subdivision of the state. All property owned,
5725		-	being acquired pursuant to a lease-purchase agreement or operated by
5726		-	the state or any municipality or political subdivision of the state,
5727		-	including property which is vacant or lying dormant, which is used or
5728		-	is to be used for any governmental or proprietary function and for
5729		-	which bonds may be issued or taxes levied to finance the same, shall be
5730		-	considered to be used exclusively by the state, municipality or political
5731		-	subdivision for the purposes of this section. The lease by a municipality
5732		-	or political subdivision of the state of any real property owned or being
5733		-	acquired pursuant to a lease-purchase agreement for the purpose of
5734		-	providing office space necessary for the performance of medical
5735		-	services by a person licensed to practice medicine and surgery or
5736		-	osteopathic medicine by the board of healing arts pursuant to K.S.A.
5737		-	65-2801 et seq., and amendments thereto, dentistry services by a person
5738		-	licensed by the Kansas dental board pursuant to K.S.A. 65-1401 et seq.,
5739		-	and amendments thereto, optometry services by a person licensed by
5740		-	the board of examiners in optometry pursuant to K.S.A. 65-1501 et
5741		-	seq., and amendments thereto, or K.S.A. 74-1501 et seq., and
5742		-	amendments thereto, podiatry services by a person licensed by the
5743		-	board of healing arts pursuant to K.S.A. 65-2001 et seq., and
5744		-	amendments thereto, or the practice of psychology by a person licensed
5745		-	by the behavioral sciences regulatory board pursuant to K.S.A. 74-5301
5746		-	et seq., and amendments thereto, shall be construed to be a
5747		-	governmental function, and such property actually and regularly used
5748		-	for such purpose shall be deemed to be used exclusively for the
5749		-	purposes of this paragraph. The lease by a municipality or political
5750		-	subdivision of the state of any real property, or portion thereof, owned
5751		-	or being acquired pursuant to a lease-purchase agreement to any entity
5752		-	for the exclusive use by it for an exempt purpose, including the purpose
5753		-	of displaying or exhibiting personal property by a museum or historical
5754		-	society, if no portion of the lease payments include compensation for HOUSE BILL No. 2332—page 98
5755		-	return on the investment in such leased property shall be deemed to be
5756		-	used exclusively for the purposes of this paragraph. All property leased,
5757		-	other than motor vehicles leased for a period of at least one year and
5758		-	property being acquired pursuant to a lease-purchase agreement, to the
5759		-	state or any municipality or political subdivision of the state by any
5760		-	private entity shall not be considered to be used exclusively by the state
5761		-	or any municipality or political subdivision of the state for the purposes
5762		-	of this section except that the provisions of this sentence shall not apply
5763		-	to any such property subject to lease on the effective date of this act
5764		-	until the term of such lease expires but property taxes levied upon any
5765		-	such property prior to tax year 1989, shall not be abated or refunded.
5766		-	Any property constructed or purchased with the proceeds of industrial
5767		-	revenue bonds issued prior to July 1, 1963, as authorized by K.S.A. 12-
5768		-	1740 through 12-1749, and amendments thereto, or purchased with
5769		-	proceeds of improvement district bonds issued prior to July 1, 1963, as
5770		-	authorized by K.S.A. 19-2776, and amendments thereto, or with
5771		-	proceeds of bonds issued prior to July 1, 1963, as authorized by K.S.A.
5772		-	19-3815a and 19-3815b, and amendments thereto, or any property
5773		-	improved, purchased, constructed, reconstructed or repaired with the
5774		-	proceeds of revenue bonds issued prior to July 1, 1963, as authorized
5775		-	by K.S.A. 13-1238 through 13-1245, and amendments thereto, or any
5776		-	property improved, reimproved, reconstructed or repaired with the
5777		-	proceeds of revenue bonds issued after July 1, 1963, under the
	10872	+	notice and hold hearings on proposed rules and regulations in the manner
	10873	+	1
	10874	+	2
	10875	+	3
	10876	+	4
	10877	+	5
	10878	+	6
	10879	+	7
	10880	+	8
	10881	+	9
	10882	+	10
	10883	+	11
	10884	+	12
	10885	+	13
	10886	+	14
	10887	+	15
	10888	+	16
	10889	+	17
	10890	+	18
	10891	+	19
	10892	+	20
	10893	+	21
	10894	+	22
	10895	+	23
	10896	+	24
	10897	+	25
	10898	+	26
	10899	+	27
	10900	+	28
	10901	+	29
	10902	+	30
	10903	+	31
	10904	+	32
	10905	+	33
	10906	+	34
	10907	+	35
	10908	+	36
	10909	+	37
	10910	+	38
	10911	+	39
	10912	+	40
	10913	+	41
	10914	+	42
	10915	+	43 HB 2332 128
	10916	+	prescribed by this section.
	10917	+	(3) Notwithstanding the other provisions of this section, the secretary
	10918	+	of corrections may give notice or an opportunity to be heard to any inmate
	10919	+	in the custody of the secretary with regard to the adoption of any rule and
	10920	+	regulation.
	10921	+	(c) (1) The agency shall initiate new rulemaking proceedings under
	10922	+	this act, if a state agency proposes to adopt a final rule and regulation that:
	10923	+	(A) Differs in subject matter or effect in any material respect from the
	10924	+	rule and regulation as originally proposed; and
	10925	+	(B) is not a logical outgrowth of the rule and regulation as originally
	10926	+	proposed.
	10927	+	(2) For the purposes of this provision, a rule and regulation is not the
	10928	+	logical outgrowth of the rule and regulation as originally proposed if a
	10929	+	person affected by the final rule and regulation was not put on notice that
	10930	+	such person's interests were affected in the rule making.
	10931	+	(d) When, pursuant to this or any other statute, a state agency holds a
	10932	+	hearing on the adoption of a proposed rule and regulation, the agency shall
	10933	+	cause written minutes or other records, including a record maintained on
	10934	+	sound recording tape or on any electronically accessed media or any
	10935	+	combination of written or electronically accessed media records of the
	10936	+	hearing to be made. If the proposed rule and regulation is adopted and
	10937	+	becomes effective, the state agency shall maintain, for not less than three
	10938	+	years after its effective date, such minutes or other records, together with
	10939	+	any recording, transcript or other record made of the hearing and a list of
	10940	+	all persons who appeared at the hearing and who they represented, any
	10941	+	written testimony presented at the hearing and any written comments
	10942	+	submitted during the public comment period.
	10943	+	(e) No rule and regulation shall be adopted by a board, commission,
	10944	+	authority or other similar body except at a meeting which is open to the
	10945	+	public and notwithstanding any other provision of law to the contrary, no
	10946	+	rule and regulation shall be adopted by a board, commission, authority or
	10947	+	other similar body unless it receives approval by roll call vote of a
	10948	+	majority of the total membership thereof.
	10949	+	Sec. 138. K.S.A. 79-201a is hereby amended to read as follows: 79-
	10950	+	201a. The following described property, to the extent herein specified,
	10951	+	shall be exempt from all property or ad valorem taxes levied under the
	10952	+	laws of the state of Kansas:
	10953	+	First. All property belonging exclusively to the United States, except
	10954	+	property which congress has expressly declared to be subject to state and
	10955	+	local taxation.
	10956	+	Second. All property used exclusively by the state or any municipality
	10957	+	or political subdivision of the state. All property owned, being acquired
	10958	+	pursuant to a lease-purchase agreement or operated by the state or any
	10959	+	1
	10960	+	2
	10961	+	3
	10962	+	4
	10963	+	5
	10964	+	6
	10965	+	7
	10966	+	8
	10967	+	9
	10968	+	10
	10969	+	11
	10970	+	12
	10971	+	13
	10972	+	14
	10973	+	15
	10974	+	16
	10975	+	17
	10976	+	18
	10977	+	19
	10978	+	20
	10979	+	21
	10980	+	22
	10981	+	23
	10982	+	24
	10983	+	25
	10984	+	26
	10985	+	27
	10986	+	28
	10987	+	29
	10988	+	30
	10989	+	31
	10990	+	32
	10991	+	33
	10992	+	34
	10993	+	35
	10994	+	36
	10995	+	37
	10996	+	38
	10997	+	39
	10998	+	40
	10999	+	41
	11000	+	42
	11001	+	43 HB 2332 129
	11002	+	municipality or political subdivision of the state, including property which
	11003	+	is vacant or lying dormant, which is used or is to be used for any
	11004	+	governmental or proprietary function and for which bonds may be issued
	11005	+	or taxes levied to finance the same, shall be considered to be used
	11006	+	exclusively by the state, municipality or political subdivision for the
	11007	+	purposes of this section. The lease by a municipality or political
	11008	+	subdivision of the state of any real property owned or being acquired
	11009	+	pursuant to a lease-purchase agreement for the purpose of providing office
	11010	+	space necessary for the performance of medical services by a person
	11011	+	licensed to practice medicine and surgery or osteopathic medicine by the
	11012	+	board of healing arts pursuant to K.S.A. 65-2801 et seq., and amendments
	11013	+	thereto, dentistry services by a person licensed by the Kansas dental board
	11014	+	pursuant to K.S.A. 65-1401 et seq., and amendments thereto, optometry
	11015	+	services by a person licensed by the board of examiners in optometry
	11016	+	pursuant to K.S.A. 65-1501 et seq., and amendments thereto, or K.S.A. 74-
	11017	+	1501 et seq., and amendments thereto, podiatry services by a person
	11018	+	licensed by the board of healing arts pursuant to K.S.A. 65-2001 et seq.,
	11019	+	and amendments thereto, or the practice of psychology by a person
	11020	+	licensed by the behavioral sciences regulatory board pursuant to K.S.A.
	11021	+	74-5301 et seq., and amendments thereto, shall be construed to be a
	11022	+	governmental function, and such property actually and regularly used for
	11023	+	such purpose shall be deemed to be used exclusively for the purposes of
	11024	+	this paragraph. The lease by a municipality or political subdivision of the
	11025	+	state of any real property, or portion thereof, owned or being acquired
	11026	+	pursuant to a lease-purchase agreement to any entity for the exclusive use
	11027	+	by it for an exempt purpose, including the purpose of displaying or
	11028	+	exhibiting personal property by a museum or historical society, if no
	11029	+	portion of the lease payments include compensation for return on the
	11030	+	investment in such leased property shall be deemed to be used exclusively
	11031	+	for the purposes of this paragraph. All property leased, other than motor
	11032	+	vehicles leased for a period of at least one year and property being
	11033	+	acquired pursuant to a lease-purchase agreement, to the state or any
	11034	+	municipality or political subdivision of the state by any private entity shall
	11035	+	not be considered to be used exclusively by the state or any municipality
	11036	+	or political subdivision of the state for the purposes of this section except
	11037	+	that the provisions of this sentence shall not apply to any such property
	11038	+	subject to lease on the effective date of this act until the term of such lease
	11039	+	expires but property taxes levied upon any such property prior to tax year
	11040	+	1989, shall not be abated or refunded. Any property constructed or
	11041	+	purchased with the proceeds of industrial revenue bonds issued prior to
	11042	+	July 1, 1963, as authorized by K.S.A. 12-1740 through 12-1749, and
	11043	+	amendments thereto, or purchased with proceeds of improvement district
	11044	+	bonds issued prior to July 1, 1963, as authorized by K.S.A. 19-2776, and
	11045	+	1
	11046	+	2
	11047	+	3
	11048	+	4
	11049	+	5
	11050	+	6
	11051	+	7
	11052	+	8
	11053	+	9
	11054	+	10
	11055	+	11
	11056	+	12
	11057	+	13
	11058	+	14
	11059	+	15
	11060	+	16
	11061	+	17
	11062	+	18
	11063	+	19
	11064	+	20
	11065	+	21
	11066	+	22
	11067	+	23
	11068	+	24
	11069	+	25
	11070	+	26
	11071	+	27
	11072	+	28
	11073	+	29
	11074	+	30
	11075	+	31
	11076	+	32
	11077	+	33
	11078	+	34
	11079	+	35
	11080	+	36
	11081	+	37
	11082	+	38
	11083	+	39
	11084	+	40
	11085	+	41
	11086	+	42
	11087	+	43 HB 2332 130
	11088	+	amendments thereto, or with proceeds of bonds issued prior to July 1,
	11089	+	1963, as authorized by K.S.A. 19-3815a and 19-3815b, and amendments
	11090	+	thereto, or any property improved, purchased, constructed, reconstructed
	11091	+	or repaired with the proceeds of revenue bonds issued prior to July 1,
	11092	+	1963, as authorized by K.S.A. 13-1238 through 13-1245, and amendments
	11093	+	thereto, or any property improved, reimproved, reconstructed or repaired
	11094	+	with the proceeds of revenue bonds issued after July 1, 1963, under the
5778	11095		authority of K.S.A. 13-1238 through 13-1245, and amendments thereto,
5779		-	which had previously been improved, reconstructed or repaired with
5780		-	the proceeds of revenue bonds issued under such act on or before July
5781		-	1, 1963, shall be exempt from taxation for so long as any of the revenue
5782		-	bonds issued to finance such construction, reconstruction,
5783		-	improvement, repair or purchase shall be outstanding and unpaid. Any
5784		-	property constructed or purchased with the proceeds of any revenue
5785		-	bonds authorized by K.S.A. 13-1238 through 13-1245, and
5786		-	amendments thereto, 19-2776, 19-3815a and 19-3815b, and
5787		-	amendments thereto, issued on or after July 1, 1963, shall be exempt
5788		-	from taxation only for a period of 10 calendar years after the calendar
5789		-	year in which the bonds were issued. Any property, all or any portion of
5790		-	which is constructed or purchased with the proceeds of revenue bonds
5791		-	authorized by K.S.A. 12-1740 through 12-1749, and amendments
5792		-	thereto, issued on or after July 1, 1963 and prior to July 1, 1981, shall
5793		-	be exempt from taxation only for a period of 10 calendar years after the
	11096	+	which had previously been improved, reconstructed or repaired with the
	11097	+	proceeds of revenue bonds issued under such act on or before July 1, 1963,
	11098	+	shall be exempt from taxation for so long as any of the revenue bonds
	11099	+	issued to finance such construction, reconstruction, improvement, repair or
	11100	+	purchase shall be outstanding and unpaid. Any property constructed or
	11101	+	purchased with the proceeds of any revenue bonds authorized by K.S.A.
	11102	+	13-1238 through 13-1245, and amendments thereto, 19-2776, 19-3815a
	11103	+	and 19-3815b, and amendments thereto, issued on or after July 1, 1963,
	11104	+	shall be exempt from taxation only for a period of 10 calendar years after
	11105	+	the calendar year in which the bonds were issued. Any property, all or any
	11106	+	portion of which is constructed or purchased with the proceeds of revenue
	11107	+	bonds authorized by K.S.A. 12-1740 through 12-1749, and amendments
	11108	+	thereto, issued on or after July 1, 1963 and prior to July 1, 1981, shall be
	11109	+	exempt from taxation only for a period of 10 calendar years after the
5794	11110		calendar year in which the bonds were issued. Except as hereinafter
5795		-	provided, any property constructed or purchased wholly with the
5796		-	proceeds of revenue bonds issued on or after July 1, 1981, under the
5797		-	authority of K.S.A. 12-1740 through 12-1749, and amendments thereto,
5798		-	shall be exempt from taxation only for a period of 10 calendar years
5799		-	after the calendar year in which the bonds were issued. Except as
5800		-	hereinafter provided, any property constructed or purchased in part
5801		-	with the proceeds of revenue bonds issued on or after July 1, 1981,
5802		-	under the authority of K.S.A. 12-1740 through 12-1749, and
5803		-	amendments thereto, shall be exempt from taxation to the extent of the
5804		-	value of that portion of the property financed by the revenue bonds and
5805		-	only for a period of 10 calendar years after the calendar year in which
5806		-	the bonds were issued. The exemption of that portion of the property
5807		-	constructed or purchased with the proceeds of revenue bonds shall
5808		-	terminate upon the failure to pay all taxes levied on that portion of the
5809		-	property which is not exempt and the entire property shall be subject to
5810		-	sale in the manner prescribed by K.S.A. 79-2301 et seq., and
5811		-	amendments thereto. Property constructed or purchased in whole or in
5812		-	part with the proceeds of revenue bonds issued on or after January 1,
5813		-	1995, under the authority of K.S.A. 12-1740 through 12-1749, and HOUSE BILL No. 2332—page 99
5814		-	amendments thereto, and used in any retail enterprise identified under
5815		-	NAICS sectors 44 and 45, except facilities used exclusively to house
5816		-	the headquarters or back office operations of such retail enterprises
5817		-	identified thereunder, shall not be exempt from taxation. For the
5818		-	purposes of the preceding provision "NAICS" means the North
5819		-	American industry classification system, as developed under the
5820		-	authority of the office of management and budget of the office of the
5821		-	president of the United States. "Headquarters or back office operations"
5822		-	means a facility from which the enterprise is provided direction,
5823		-	management, administrative services, or distribution or warehousing
5824		-	functions in support of transactions made by the enterprise. Property
5825		-	purchased, constructed, reconstructed, equipped, maintained or repaired
5826		-	with the proceeds of industrial revenue bonds issued under the
5827		-	authority of K.S.A. 12-1740 et seq., and amendments thereto, which
5828		-	that is located in a redevelopment project area established under the
5829		-	authority of K.S.A. 12-1770 et seq., and amendments thereto, shall not
5830		-	be exempt from taxation. Property purchased, acquired, constructed,
5831		-	reconstructed, improved, equipped, furnished, repaired, enlarged or
5832		-	remodeled with all or any part of the proceeds of revenue bonds issued
5833		-	under authority of K.S.A. 12-1740 through 12-1749a, and amendments
5834		-	thereto, for any poultry confinement facility on agricultural land which
5835		-	that is owned, acquired, obtained or leased by a corporation, as such
5836		-	terms are defined by K.S.A. 17-5903, and amendments thereto, shall
5837		-	not be exempt from such taxation. Property purchased, acquired,
5838		-	constructed, reconstructed, improved, equipped, furnished, repaired,
5839		-	enlarged or remodeled with all or any part of the proceeds of revenue
5840		-	bonds issued under the authority of K.S.A. 12-1740 through 12-1749a,
5841		-	and amendments thereto, for a rabbit confinement facility on
5842		-	agricultural land which is owned, acquired, obtained or leased by a
5843		-	corporation, as such terms are defined by K.S.A. 17-5903, and
	11111	+	provided, any property constructed or purchased wholly with the proceeds
	11112	+	of revenue bonds issued on or after July 1, 1981, under the authority of
	11113	+	K.S.A. 12-1740 through 12-1749, and amendments thereto, shall be
	11114	+	exempt from taxation only for a period of 10 calendar years after the
	11115	+	calendar year in which the bonds were issued. Except as hereinafter
	11116	+	provided, any property constructed or purchased in part with the proceeds
	11117	+	of revenue bonds issued on or after July 1, 1981, under the authority of
	11118	+	K.S.A. 12-1740 through 12-1749, and amendments thereto, shall be
	11119	+	exempt from taxation to the extent of the value of that portion of the
	11120	+	property financed by the revenue bonds and only for a period of 10
	11121	+	calendar years after the calendar year in which the bonds were issued. The
	11122	+	exemption of that portion of the property constructed or purchased with
	11123	+	the proceeds of revenue bonds shall terminate upon the failure to pay all
	11124	+	taxes levied on that portion of the property which is not exempt and the
	11125	+	entire property shall be subject to sale in the manner prescribed by K.S.A.
	11126	+	79-2301 et seq., and amendments thereto. Property constructed or
	11127	+	purchased in whole or in part with the proceeds of revenue bonds issued
	11128	+	on or after January 1, 1995, under the authority of K.S.A. 12-1740 through
	11129	+	12-1749, and amendments thereto, and used in any retail enterprise
	11130	+	identified under NAICS sectors 44 and 45, except facilities used
	11131	+	1
	11132	+	2
	11133	+	3
	11134	+	4
	11135	+	5
	11136	+	6
	11137	+	7
	11138	+	8
	11139	+	9
	11140	+	10
	11141	+	11
	11142	+	12
	11143	+	13
	11144	+	14
	11145	+	15
	11146	+	16
	11147	+	17
	11148	+	18
	11149	+	19
	11150	+	20
	11151	+	21
	11152	+	22
	11153	+	23
	11154	+	24
	11155	+	25
	11156	+	26
	11157	+	27
	11158	+	28
	11159	+	29
	11160	+	30
	11161	+	31
	11162	+	32
	11163	+	33
	11164	+	34
	11165	+	35
	11166	+	36
	11167	+	37
	11168	+	38
	11169	+	39
	11170	+	40
	11171	+	41
	11172	+	42
	11173	+	43 HB 2332 131
	11174	+	exclusively to house the headquarters or back office operations of such
	11175	+	retail enterprises identified thereunder, shall not be exempt from taxation.
	11176	+	For the purposes of the preceding provision "NAICS" means the North
	11177	+	American industry classification system, as developed under the authority
	11178	+	of the office of management and budget of the office of the president of
	11179	+	the United States. "Headquarters or back office operations" means a
	11180	+	facility from which the enterprise is provided direction, management,
	11181	+	administrative services, or distribution or warehousing functions in support
	11182	+	of transactions made by the enterprise. Property purchased, constructed,
	11183	+	reconstructed, equipped, maintained or repaired with the proceeds of
	11184	+	industrial revenue bonds issued under the authority of K.S.A. 12-1740 et
	11185	+	seq., and amendments thereto, which that is located in a redevelopment
	11186	+	project area established under the authority of K.S.A. 12-1770 et seq., and
	11187	+	amendments thereto, shall not be exempt from taxation. Property
	11188	+	purchased, acquired, constructed, reconstructed, improved, equipped,
	11189	+	furnished, repaired, enlarged or remodeled with all or any part of the
	11190	+	proceeds of revenue bonds issued under authority of K.S.A. 12-1740
	11191	+	through 12-1749a, and amendments thereto, for any poultry confinement
	11192	+	facility on agricultural land which that is owned, acquired, obtained or
	11193	+	leased by a corporation, as such terms are defined by K.S.A. 17-5903, and
	11194	+	amendments thereto, shall not be exempt from such taxation. Property
	11195	+	purchased, acquired, constructed, reconstructed, improved, equipped,
	11196	+	furnished, repaired, enlarged or remodeled with all or any part of the
	11197	+	proceeds of revenue bonds issued under the authority of K.S.A. 12-1740
	11198	+	through 12-1749a, and amendments thereto, for a rabbit confinement
	11199	+	facility on agricultural land which is owned, acquired, obtained or leased
	11200	+	by a corporation, as such terms are defined by K.S.A. 17-5903, and
5844	11201		amendments thereto, shall not be exempt from such taxation.
5845		-	Third. All works, machinery and fixtures used exclusively by any
5846		-	~~rural~~ water district or township water district for conveying or
5847		-	~~production of~~ potable water in such rural water district or township
5848		-	~~water district, and all~~ works, machinery and fixtures used exclusively
5849		-	~~by any entity which~~ performed the functions of a rural water district on
5850		-	~~and after January 1,~~ 1990, and the works, machinery and equipment of
5851		-	~~which were exempted~~ hereunder on March 13, 1995.
	11202	+	Third. All works, machinery and fixtures used exclusively by any rural
	11203	+	water district or township water district for conveying or production of
	11204	+	potable water in such rural water district or township water district, and all
	11205	+	works, machinery and fixtures used exclusively by any entity which
	11206	+	performed the functions of a rural water district on and after January 1,
	11207	+	1990, and the works, machinery and equipment of which were exempted
	11208	+	hereunder on March 13, 1995.
5852	11209		Fourth. All fire engines and other implements used for the
5853	11210		extinguishment of fires, with the buildings used exclusively for the
5854	11211		safekeeping thereof, and for the meeting of fire companies, whether
5855	11212		belonging to any rural fire district, township fire district, town, city or
5856	11213		village, or to any fire company organized therein or therefor.
5857		-	Fifth. All property, real and personal, owned by county fair
5858		-	associations organized and operating under the provisions of K.S.A. 2-
5859		-	125 et seq., and amendments thereto.
	11214	+	Fifth. All property, real and personal, owned by county fair associations
	11215	+	organized and operating under the provisions of K.S.A. 2-125 et seq., and
	11216	+	amendments thereto.
	11217	+	1
	11218	+	2
	11219	+	3
	11220	+	4
	11221	+	5
	11222	+	6
	11223	+	7
	11224	+	8
	11225	+	9
	11226	+	10
	11227	+	11
	11228	+	12
	11229	+	13
	11230	+	14
	11231	+	15
	11232	+	16
	11233	+	17
	11234	+	18
	11235	+	19
	11236	+	20
	11237	+	21
	11238	+	22
	11239	+	23
	11240	+	24
	11241	+	25
	11242	+	26
	11243	+	27
	11244	+	28
	11245	+	29
	11246	+	30
	11247	+	31
	11248	+	32
	11249	+	33
	11250	+	34
	11251	+	35
	11252	+	36
	11253	+	37
	11254	+	38
	11255	+	39
	11256	+	40
	11257	+	41
	11258	+	42
	11259	+	43 HB 2332 132
5860	11260		Sixth. Property acquired and held by any municipality under the
5861		-	municipal housing law, K.S.A. 17-2337 et seq., and amendments
5862		-	thereto, except that such exemption shall not apply to any portion of the
5863		-	project used by a nondwelling facility for profit making enterprise.
5864		-	Seventh. All property of a municipality, acquired or held under and
5865		-	for the purposes of the urban renewal law, K.S.A. 17-4742 et seq., and
5866		-	amendments thereto, except that such tax exemption shall terminate
5867		-	when the municipality sells, leases or otherwise disposes of such
5868		-	property in an urban renewal area to a purchaser or lessee which that is
5869		-	not a public body entitled to tax exemption with respect to such
5870		-	property.
5871		-	Eighth. All property acquired and held by the Kansas armory board
5872		-	for armory purposes under the provisions of K.S.A. 48-317, and HOUSE BILL No. 2332—page 100
5873		-	amendments thereto.
5874		-	Ninth. All property acquired and used by the Kansas turnpike
5875		-	authority under the authority of K.S.A. 68-2001 et seq., and
5876		-	amendments thereto, K.S.A. 68-2030 et seq., and amendments thereto,
5877		-	K.S.A. 68-2051 et seq., and amendments thereto, and K.S.A. 68-2070
5878		-	et seq., and amendments thereto.
	11261	+	municipal housing law, K.S.A. 17-2337 et seq., and amendments thereto,
	11262	+	except that such exemption shall not apply to any portion of the project
	11263	+	used by a nondwelling facility for profit making enterprise.
	11264	+	Seventh. All property of a municipality, acquired or held under and for
	11265	+	the purposes of the urban renewal law, K.S.A. 17-4742 et seq., and
	11266	+	amendments thereto, except that such tax exemption shall terminate when
	11267	+	the municipality sells, leases or otherwise disposes of such property in an
	11268	+	urban renewal area to a purchaser or lessee which that is not a public body
	11269	+	entitled to tax exemption with respect to such property.
	11270	+	Eighth. All property acquired and held by the Kansas armory board for
	11271	+	armory purposes under the provisions of K.S.A. 48-317, and amendments
	11272	+	thereto.
	11273	+	Ninth. All property acquired and used by the Kansas turnpike authority
	11274	+	under the authority of K.S.A. 68-2001 et seq., and amendments thereto,
	11275	+	K.S.A. 68-2030 et seq., and amendments thereto, K.S.A. 68-2051 et seq.,
	11276	+	and amendments thereto, and K.S.A. 68-2070 et seq., and amendments
	11277	+	thereto.
5879	11278		Tenth. All property acquired and used for state park purposes by the
5880		-	Kansas department of wildlife, and parks and tourism. Property that is
5881		-	~~part~~ of a state park listed in K.S.A. 32-837(a)(25) or (a)(26), and
5882		-	~~amendments~~ thereto, and that is contained within or encumbered by any
5883		-	~~railroad rights-~~of-way that have been transferred or conveyed to the
5884		-	~~Kansas department of~~ wildlife, and parks and tourism for interim use,
5885		-	~~pursuant to 16 U.S.C. §~~ 1247(d), shall be deemed to be acquired and
5886		-	~~used for state park purposes~~ by the Kansas department of wildlife, and
5887		-	~~parks and tourism for the~~ purposes of this subsection.
	11279	+	Kansas department of wildlife, and parks and tourism. Property that is part
	11280	+	of a state park listed in K.S.A. 32-837(a)(25) or (a)(26), and amendments
	11281	+	thereto, and that is contained within or encumbered by any railroad rights-
	11282	+	of-way that have been transferred or conveyed to the Kansas department of
	11283	+	wildlife, and parks and tourism for interim use, pursuant to 16 U.S.C. §
	11284	+	1247(d), shall be deemed to be acquired and used for state park purposes
	11285	+	by the Kansas department of wildlife, and parks and tourism for the
	11286	+	purposes of this subsection.
5888	11287		Eleventh. The state office building constructed under authority of
5889		-	K.S.A. 75-3607 et seq., and amendments thereto, and the site upon
5890		-	which such building is located.
5891		-	Twelfth. All buildings erected under the authority of K.S.A. 76-6a01
5892		-	et seq., and amendments thereto, and all other student union buildings
5893		-	and student dormitories erected upon the campus of any institution
5894		-	mentioned in K.S.A. 76-6a01, and amendments thereto, by any other
5895		-	nonprofit corporation.
5896		-	Thirteenth. All buildings, as the same is defined in K.S.A. 76-
5897		-	6a13(c), and amendments thereto, which that are erected, constructed
5898		-	or acquired under the authority of K.S.A. 76-6a13 et seq., and
5899		-	amendments thereto, and building sites acquired therefor.
5900		-	Fourteenth. All that portion of the waterworks plant and system of
5901		-	the city of Kansas City, Missouri, now or hereafter located within the
5902		-	territory of the state of Kansas pursuant to the compact and agreement
5903		-	adopted by K.S.A. 79-205, and amendments thereto.
	11288	+	K.S.A. 75-3607 et seq., and amendments thereto, and the site upon which
	11289	+	such building is located.
	11290	+	Twelfth. All buildings erected under the authority of K.S.A. 76-6a01 et
	11291	+	seq., and amendments thereto, and all other student union buildings and
	11292	+	student dormitories erected upon the campus of any institution mentioned
	11293	+	in K.S.A. 76-6a01, and amendments thereto, by any other nonprofit
	11294	+	corporation.
	11295	+	Thirteenth. All buildings, as the same is defined in K.S.A. 76-6a13(c),
	11296	+	and amendments thereto, which that are erected, constructed or acquired
	11297	+	under the authority of K.S.A. 76-6a13 et seq., and amendments thereto,
	11298	+	and building sites acquired therefor.
	11299	+	Fourteenth. All that portion of the waterworks plant and system of the
	11300	+	city of Kansas City, Missouri, now or hereafter located within the territory
	11301	+	of the state of Kansas pursuant to the compact and agreement adopted by
	11302	+	K.S.A. 79-205, and amendments thereto.
	11303	+	1
	11304	+	2
	11305	+	3
	11306	+	4
	11307	+	5
	11308	+	6
	11309	+	7
	11310	+	8
	11311	+	9
	11312	+	10
	11313	+	11
	11314	+	12
	11315	+	13
	11316	+	14
	11317	+	15
	11318	+	16
	11319	+	17
	11320	+	18
	11321	+	19
	11322	+	20
	11323	+	21
	11324	+	22
	11325	+	23
	11326	+	24
	11327	+	25
	11328	+	26
	11329	+	27
	11330	+	28
	11331	+	29
	11332	+	30
	11333	+	31
	11334	+	32
	11335	+	33
	11336	+	34
	11337	+	35
	11338	+	36
	11339	+	37
	11340	+	38
	11341	+	39
	11342	+	40
	11343	+	41
	11344	+	42
	11345	+	43 HB 2332 133
5904	11346		Fifteenth. All property, real and personal, owned by a groundwater
5905		-	management district organized and operating pursuant to K.S.A. 82a-
5906		-	~~1020,~~ and amendments thereto.
	11347	+	management district organized and operating pursuant to K.S.A. 82a-1020,
	11348	+	and amendments thereto.
5907	11349		Sixteenth. All property, real and personal, owned by the joint water
5908	11350		district organized and operating pursuant to K.S.A. 80-1616 et seq., and
5909	11351		amendments thereto.
5910		-	Seventeenth. All property, including interests less than fee
5911		-	~~ownership,~~ acquired for the state of Kansas by the secretary of
5912		-	~~transportation or a~~ predecessor in interest which that is used in the
5913		-	~~administration,~~ construction, maintenance or operation of the state
5914		-	~~system of highways,~~ regardless of how or when acquired.
5915		-	Eighteenth. Any building used primarily as an industrial training
5916		-	~~center~~ for academic or vocational education programs designed for and
5917		-	~~operated~~ under contract with private industry, and located upon a site
5918		-	~~owned, leased~~ or being acquired by or for an area vocational school, an
5919		-	~~area vocational-~~technical school, a technical college, or a community
5920		-	~~college, as defined~~ by K.S.A. 74-32,407, and amendments thereto, and
5921		-	~~the site upon which~~ any such building is located.
	11352	+	Seventeenth. All property, including interests less than fee ownership,
	11353	+	acquired for the state of Kansas by the secretary of transportation or a
	11354	+	predecessor in interest which that is used in the administration,
	11355	+	construction, maintenance or operation of the state system of highways,
	11356	+	regardless of how or when acquired.
	11357	+	Eighteenth. Any building used primarily as an industrial training center
	11358	+	for academic or vocational education programs designed for and operated
	11359	+	under contract with private industry, and located upon a site owned, leased
	11360	+	or being acquired by or for an area vocational school, an area vocational-
	11361	+	technical school, a technical college, or a community college, as defined
	11362	+	by K.S.A. 74-32,407, and amendments thereto, and the site upon which
	11363	+	any such building is located.
5922	11364		Nineteenth. For all taxable years commencing after December 31,
5923	11365		1997, all buildings of an area vocational school, an area vocational-
5924		-	technical school, a technical college or a community college, as defined
5925		-	by K.S.A. 74-32,407, and amendments thereto, which that are owned
5926		-	~~and~~ operated by any such school or college as a student union or
5927		-	~~dormitory and~~ the site upon which any such building is located.
5928		-	Twentieth. For all taxable years commencing after December 31,
5929		-	~~1997,~~ all personal property which that is contained within a dormitory
5930		-	~~that is~~ exempt from property taxation and which is necessary for the
5931		-	accommodation of the students residing therein. ~~HOUSE BILL No. 2332—page 101~~
5932		-	Twenty-First. All real property from and after the date of its transfer
5933		-	by the city of Olathe, Kansas, to the Kansas state university foundation,
5934		-	~~all~~ buildings and improvements thereafter erected and located on such
	11366	+	technical school, a technical college or a community college, as defined by
	11367	+	K.S.A. 74-32,407, and amendments thereto, which that are owned and
	11368	+	operated by any such school or college as a student union or dormitory and
	11369	+	the site upon which any such building is located.
	11370	+	Twentieth. For all taxable years commencing after December 31, 1997,
	11371	+	all personal property which that is contained within a dormitory that is
	11372	+	exempt from property taxation and which is necessary for the
	11373	+	accommodation of the students residing therein.
	11374	+	Twenty-First. All real property from and after the date of its transfer by
	11375	+	the city of Olathe, Kansas, to the Kansas state university foundation, all
	11376	+	buildings and improvements thereafter erected and located on such
5935	11377		property, and all tangible personal property, which that is held, used or
5936	11378		operated for educational and research purposes at the Kansas state
5937		-	university Olathe innovation campus located in the city of Olathe,
5938		-	Kansas.
	11379	+	university Olathe innovation campus located in the city of Olathe, Kansas.
5939	11380		Twenty-Second. All real property, and all tangible personal property,
5940		-	owned by postsecondary educational institutions, as that term is defined
5941		-	in K.S.A. 74-3201b, and amendments thereto, or by the board of
5942		-	regents on behalf of the postsecondary educational institutions, which
5943		-	that is leased by a for profit company and is actually and regularly used
5944		-	exclusively for research and development purposes so long as any
5945		-	rental income received by such postsecondary educational institution or
5946		-	the board of regents from such a company is used exclusively for
5947		-	educational or scientific purposes. Any such lease or occupancy
5948		-	described in this section shall be for a term of no more than five years.
	11381	+	owned by postsecondary educational institutions, as that term is defined in
	11382	+	K.S.A. 74-3201b, and amendments thereto, or by the board of regents on
	11383	+	behalf of the postsecondary educational institutions, which that is leased
	11384	+	by a for profit company and is actually and regularly used exclusively for
	11385	+	research and development purposes so long as any rental income received
	11386	+	by such postsecondary educational institution or the board of regents from
	11387	+	such a company is used exclusively for educational or scientific purposes.
	11388	+	Any such lease or occupancy described in this section shall be for a term
	11389	+	1
	11390	+	2
	11391	+	3
	11392	+	4
	11393	+	5
	11394	+	6
	11395	+	7
	11396	+	8
	11397	+	9
	11398	+	10
	11399	+	11
	11400	+	12
	11401	+	13
	11402	+	14
	11403	+	15
	11404	+	16
	11405	+	17
	11406	+	18
	11407	+	19
	11408	+	20
	11409	+	21
	11410	+	22
	11411	+	23
	11412	+	24
	11413	+	25
	11414	+	26
	11415	+	27
	11416	+	28
	11417	+	29
	11418	+	30
	11419	+	31
	11420	+	32
	11421	+	33
	11422	+	34
	11423	+	35
	11424	+	36
	11425	+	37
	11426	+	38
	11427	+	39
	11428	+	40
	11429	+	41
	11430	+	42
	11431	+	43 HB 2332 134
	11432	+	of no more than five years.
5949	11433		Twenty-Third. For all taxable years commencing after December 31,
5950		-	2005, any and all housing developments and related improvements
5951		-	~~located~~ on United States department of defense military installations in
5952		-	~~the state of~~ Kansas, which that are developed pursuant to the military
5953		-	~~housing~~ privatization initiative, 10 U.S.C. § 2871 et seq., or any
5954		-	~~successor thereto,~~ and which are provided exclusively or primarily for
5955		-	~~use by military~~ personnel of the United States and their families.
5956		-	Twenty-Fourth. For all taxable years commencing after December
5957		-	~~31,~~ 2012, except as hereinafter provided, any property constructed or
	11434	+	2005, any and all housing developments and related improvements located
	11435	+	on United States department of defense military installations in the state of
	11436	+	Kansas, which that are developed pursuant to the military housing
	11437	+	privatization initiative, 10 U.S.C. § 2871 et seq., or any successor thereto,
	11438	+	and which are provided exclusively or primarily for use by military
	11439	+	personnel of the United States and their families.
	11440	+	Twenty-Fourth. For all taxable years commencing after December 31,
	11441	+	2012, except as hereinafter provided, any property constructed or
5958	11442		purchased in part with the proceeds of revenue bonds issued on or after
5959		-	July 1, 2013, under the authority of K.S.A. 12-1740 through 12-1749a,
5960		-	and amendments thereto, shall be exempt from taxation to the extent of
5961		-	the value of that portion of the property financed by the revenue bonds
5962		-	and only for a period of 10 calendar years after the calendar year in
5963		-	which the bonds were issued. The exemption of that portion of the
5964		-	property constructed or purchased with the proceeds of revenue bonds
5965		-	shall terminate upon the failure to pay all taxes levied on that portion of
5966		-	the property which that is not exempt and the entire property shall be
5967		-	subject to sale in the manner prescribed by K.S.A. 79-2301 et seq., and
5968		-	amendments thereto. Property constructed or purchased in whole or in
5969		-	part with the proceeds of revenue bonds issued on or after January 1,
5970		-	1995, under the authority of K.S.A. 12-1740 through 12-1749a, and
5971		-	amendments thereto, and used in any retail enterprise identified under
5972		-	NAICS sectors 44 and 45, except facilities used exclusively to house
5973		-	the headquarters or back office operations of such retail enterprises
5974		-	identified thereunder, shall not be exempt from taxation. For the
5975		-	purposes of the preceding provision "NAICS" means the North
5976		-	American industry classification system, as developed under the
5977		-	authority of the office of management and budget of the office of the
5978		-	president of the United States. "Headquarters or back office operations"
5979		-	means a facility from which the enterprise is provided direction,
5980		-	management, administrative services, or distribution or warehousing
5981		-	functions in support of transactions made by the enterprise. Property
5982		-	purchased, constructed, reconstructed, equipped, maintained or repaired
5983		-	with the proceeds of industrial revenue bonds issued under the
5984		-	authority of K.S.A. 12-1740 et seq., and amendments thereto, which
5985		-	that is located in a redevelopment project area established under the
5986		-	authority of K.S.A. 12-1770 et seq., and amendments thereto, shall not
5987		-	be exempt from taxation. Property purchased, acquired, constructed,
5988		-	reconstructed, improved, equipped, furnished, repaired, enlarged or
5989		-	remodeled with all or any part of the proceeds of revenue bonds issued
5990		-	under authority of K.S.A. 12-1740 through 12-1749a, and amendments HOUSE BILL No. 2332—page 102
5991		-	thereto, for any poultry confinement facility on agricultural land which
5992		-	that is owned, acquired, obtained or leased by a corporation, as such
5993		-	terms are defined by K.S.A. 17-5903, and amendments thereto, shall
5994		-	not be exempt from such taxation. Property purchased, acquired,
5995		-	constructed, reconstructed, improved, equipped, furnished, repaired,
5996		-	enlarged or remodeled with all or any part of the proceeds of revenue
5997		-	bonds issued under the authority of K.S.A. 12-1740 through 12-1749a,
5998		-	and amendments thereto, for a rabbit confinement facility on
5999		-	agricultural land which that is owned, acquired, obtained or leased by a
6000		-	corporation, as such terms are defined by K.S.A. 17-5903, and
	11443	+	July 1, 2013, under the authority of K.S.A. 12-1740 through 12-1749a, and
	11444	+	amendments thereto, shall be exempt from taxation to the extent of the
	11445	+	value of that portion of the property financed by the revenue bonds and
	11446	+	only for a period of 10 calendar years after the calendar year in which the
	11447	+	bonds were issued. The exemption of that portion of the property
	11448	+	constructed or purchased with the proceeds of revenue bonds shall
	11449	+	terminate upon the failure to pay all taxes levied on that portion of the
	11450	+	property which that is not exempt and the entire property shall be subject
	11451	+	to sale in the manner prescribed by K.S.A. 79-2301 et seq., and
	11452	+	amendments thereto. Property constructed or purchased in whole or in part
	11453	+	with the proceeds of revenue bonds issued on or after January 1, 1995,
	11454	+	under the authority of K.S.A. 12-1740 through 12-1749a, and amendments
	11455	+	thereto, and used in any retail enterprise identified under NAICS sectors
	11456	+	44 and 45, except facilities used exclusively to house the headquarters or
	11457	+	back office operations of such retail enterprises identified thereunder, shall
	11458	+	not be exempt from taxation. For the purposes of the preceding provision
	11459	+	"NAICS" means the North American industry classification system, as
	11460	+	developed under the authority of the office of management and budget of
	11461	+	the office of the president of the United States. "Headquarters or back
	11462	+	office operations" means a facility from which the enterprise is provided
	11463	+	direction, management, administrative services, or distribution or
	11464	+	warehousing functions in support of transactions made by the enterprise.
	11465	+	Property purchased, constructed, reconstructed, equipped, maintained or
	11466	+	repaired with the proceeds of industrial revenue bonds issued under the
	11467	+	authority of K.S.A. 12-1740 et seq., and amendments thereto, which that is
	11468	+	located in a redevelopment project area established under the authority of
	11469	+	K.S.A. 12-1770 et seq., and amendments thereto, shall not be exempt from
	11470	+	taxation. Property purchased, acquired, constructed, reconstructed,
	11471	+	improved, equipped, furnished, repaired, enlarged or remodeled with all or
	11472	+	any part of the proceeds of revenue bonds issued under authority of K.S.A.
	11473	+	12-1740 through 12-1749a, and amendments thereto, for any poultry
	11474	+	confinement facility on agricultural land which that is owned, acquired,
	11475	+	1
	11476	+	2
	11477	+	3
	11478	+	4
	11479	+	5
	11480	+	6
	11481	+	7
	11482	+	8
	11483	+	9
	11484	+	10
	11485	+	11
	11486	+	12
	11487	+	13
	11488	+	14
	11489	+	15
	11490	+	16
	11491	+	17
	11492	+	18
	11493	+	19
	11494	+	20
	11495	+	21
	11496	+	22
	11497	+	23
	11498	+	24
	11499	+	25
	11500	+	26
	11501	+	27
	11502	+	28
	11503	+	29
	11504	+	30
	11505	+	31
	11506	+	32
	11507	+	33
	11508	+	34
	11509	+	35
	11510	+	36
	11511	+	37
	11512	+	38
	11513	+	39
	11514	+	40
	11515	+	41
	11516	+	42
	11517	+	43 HB 2332 135
	11518	+	obtained or leased by a corporation, as such terms are defined by K.S.A.
	11519	+	17-5903, and amendments thereto, shall not be exempt from such taxation.
	11520	+	Property purchased, acquired, constructed, reconstructed, improved,
	11521	+	equipped, furnished, repaired, enlarged or remodeled with all or any part
	11522	+	of the proceeds of revenue bonds issued under the authority of K.S.A. 12-
	11523	+	1740 through 12-1749a, and amendments thereto, for a rabbit confinement
	11524	+	facility on agricultural land which that is owned, acquired, obtained or
	11525	+	leased by a corporation, as such terms are defined by K.S.A. 17-5903, and
6001	11526		amendments thereto, shall not be exempt from such taxation.
6002		-	Twenty-Fifth. For all taxable years commencing after December
6003		-	31, 2013, any and all utility systems and appurtenances located on
6004		-	United States department of defense military installations in the state of
6005		-	Kansas, which that have been acquired after December 31, 2013,
6006		-	pursuant to the military utilities privatization initiative, 10 U.S.C. §
6007		-	2688 et seq., or any successor thereto, or which that have been installed
6008		-	after December 31, 2013, and which that are provided exclusively or
6009		-	primarily for use by the military of the United States.
6010		-	Twenty-Sixth. All land owned by a municipality that is a part of a
6011		-	public levee that is leased pursuant to K.S.A. 13-1243, and
6012		-	amendments thereto.
6013		-	Except as otherwise specifically provided, the provisions of this
6014		-	section shall apply to all taxable years commencing after December 31,
6015		-	2010.
6016		-	Sec. 139. K.S.A. 79-3221e is hereby amended to read as follows:
6017		-	79-3221e. (a) The director of taxation of the department of revenue
6018		-	shall determine annually the total amount designated for use in the
6019		-	Kansas nongame wildlife improvement program pursuant to K.S.A. 79-
6020		-	3221d, and amendments thereto, and shall report such amount to the
6021		-	state treasurer who shall credit the entire amount thereof to the
6022		-	nongame wildlife improvement fund which fund that is hereby
6023		-	established in the state treasury. In the case where donations are made
6024		-	pursuant to K.S.A. 79-3221d, and amendments thereto, the director
6025		-	shall remit the entire amount thereof to the state treasurer who shall
6026		-	credit the same to such fund. All moneys deposited in such fund shall
6027		-	be used solely for the purpose of preserving, protecting, perpetuating
6028		-	and enhancing nongame wildlife in this state. All expenditures from
6029		-	such fund shall be made in accordance with appropriations acts upon
6030		-	warrants of the director of accounts and reports issued pursuant to
6031		-	vouchers approved by the secretary of wildlife, and parks and tourism
6032		-	or the secretary's designee.
	11527	+	Twenty-Fifth. For all taxable years commencing after December 31,
	11528	+	2013, any and all utility systems and appurtenances located on United
	11529	+	States department of defense military installations in the state of Kansas,
	11530	+	which that have been acquired after December 31, 2013, pursuant to the
	11531	+	military utilities privatization initiative, 10 U.S.C. § 2688 et seq., or any
	11532	+	successor thereto, or which that have been installed after December 31,
	11533	+	2013, and which that are provided exclusively or primarily for use by the
	11534	+	military of the United States.
	11535	+	Twenty-Sixth. All land owned by a municipality that is a part of a public
	11536	+	levee that is leased pursuant to K.S.A. 13-1243, and amendments thereto.
	11537	+	Except as otherwise specifically provided, the provisions of this section
	11538	+	shall apply to all taxable years commencing after December 31, 2010.
	11539	+	Sec. 139. K.S.A. 79-3221e is hereby amended to read as follows: 79-
	11540	+	3221e. (a) The director of taxation of the department of revenue shall
	11541	+	determine annually the total amount designated for use in the Kansas
	11542	+	nongame wildlife improvement program pursuant to K.S.A. 79-3221d, and
	11543	+	amendments thereto, and shall report such amount to the state treasurer
	11544	+	who shall credit the entire amount thereof to the nongame wildlife
	11545	+	improvement fund which fund that is hereby established in the state
	11546	+	treasury. In the case where donations are made pursuant to K.S.A. 79-
	11547	+	3221d, and amendments thereto, the director shall remit the entire amount
	11548	+	thereof to the state treasurer who shall credit the same to such fund. All
	11549	+	moneys deposited in such fund shall be used solely for the purpose of
	11550	+	preserving, protecting, perpetuating and enhancing nongame wildlife in
	11551	+	this state. All expenditures from such fund shall be made in accordance
	11552	+	with appropriations acts upon warrants of the director of accounts and
	11553	+	reports issued pursuant to vouchers approved by the secretary of wildlife,
	11554	+	and parks and tourism or the secretary's designee.
6033	11555		(b) As used in K.S.A. 79-3221d, and amendments thereto, and this
6034	11556		section, "nongame wildlife" means any species of wildlife not legally
6035	11557		classified as a game species or furbearer by statute or by rules and
6036	11558		regulations adopted pursuant to statute.
6037		-	Sec. 140. K.S.A. 79-3221h is hereby amended to read as follows:
6038		-	79-3221h. (a) All federal moneys received pursuant to federal
6039		-	assistance, federal-aid funds and federal-aid grant reimbursements
6040		-	related to the nongame wildlife improvement fund under the control,
6041		-	authorities and duties of the Kansas department of wildlife, and parks
6042		-	and tourism, shall be remitted to the state treasurer in accordance with
6043		-	the provisions of K.S.A. 75-4215, and amendments thereto. Upon
6044		-	receipt of the remittance, the state treasurer shall deposit the entire
6045		-	amount in the state treasury and credit it to the nongame wildlife
6046		-	improvement fund – federal, which is hereby created. The nongame
6047		-	wildlife improvement fund – federal is hereby redesignated as the plant
6048		-	and animal disease and pest control fund.
6049		-	(b) No moneys derived from sources described in subsection (a) HOUSE BILL No. 2332—page 103
6050		-	shall be used for any purpose other than the administration of matters
6051		-	which that relate to purposes authorized under K.S.A. 79-3221e, and
	11559	+	Sec. 140. K.S.A. 79-3221h is hereby amended to read as follows: 79-
	11560	+	3221h. (a) All federal moneys received pursuant to federal assistance,
	11561	+	1
	11562	+	2
	11563	+	3
	11564	+	4
	11565	+	5
	11566	+	6
	11567	+	7
	11568	+	8
	11569	+	9
	11570	+	10
	11571	+	11
	11572	+	12
	11573	+	13
	11574	+	14
	11575	+	15
	11576	+	16
	11577	+	17
	11578	+	18
	11579	+	19
	11580	+	20
	11581	+	21
	11582	+	22
	11583	+	23
	11584	+	24
	11585	+	25
	11586	+	26
	11587	+	27
	11588	+	28
	11589	+	29
	11590	+	30
	11591	+	31
	11592	+	32
	11593	+	33
	11594	+	34
	11595	+	35
	11596	+	36
	11597	+	37
	11598	+	38
	11599	+	39
	11600	+	40
	11601	+	41
	11602	+	42
	11603	+	43 HB 2332 136
	11604	+	federal-aid funds and federal-aid grant reimbursements related to the
	11605	+	nongame wildlife improvement fund under the control, authorities and
	11606	+	duties of the Kansas department of wildlife, and parks and tourism, shall
	11607	+	be remitted to the state treasurer in accordance with the provisions of
	11608	+	K.S.A. 75-4215, and amendments thereto. Upon receipt of the remittance,
	11609	+	the state treasurer shall deposit the entire amount in the state treasury and
	11610	+	credit it to the nongame wildlife improvement fund – federal, which is
	11611	+	hereby created. The nongame wildlife improvement fund – federal is
	11612	+	hereby redesignated as the plant and animal disease and pest control fund.
	11613	+	(b) No moneys derived from sources described in subsection (a) shall
	11614	+	be used for any purpose other than the administration of matters which
	11615	+	that relate to purposes authorized under K.S.A. 79-3221e, and
6052	11616		amendments thereto, and which are under the control, authorities and
6053		-	duties of the secretary of wildlife, and parks and tourism and the
6054		-	Kansas department of wildlife, and parks and tourism as provided by
6055		-	law.
	11617	+	duties of the secretary of wildlife, and parks and tourism and the Kansas
	11618	+	department of wildlife, and parks and tourism as provided by law.
6056	11619		(c) On or before the 10
6057	11620		th
6058		-	of each month, the director of accounts
6059		-	~~and~~ reports shall transfer from the state general fund to the plant and
6060		-	~~animal~~ disease and pest control fund, interest earnings based on:
	11621	+	of each month, the director of accounts and
	11622	+	reports shall transfer from the state general fund to the plant and animal
	11623	+	disease and pest control fund, interest earnings based on:
6061	11624		(1) The average daily balance of moneys in the plant and animal
6062	11625		disease and pest control fund; and
6063		-	(2) the net earnings rate of the pooled money investment portfolio
6064		-	~~for~~ the preceding month.
	11626	+	(2) the net earnings rate of the pooled money investment portfolio for
	11627	+	the preceding month.
6065	11628		(d) All expenditures from the plant and animal disease and pest
6066	11629		control fund, shall be made in accordance with appropriations acts upon
6067	11630		warrants of the director of accounts and reports issued pursuant to
6068	11631		vouchers approved by the secretary of wildlife, and parks and tourism.
6069		-	Sec. 141. K.S.A. 2022 Supp. 79-3234 is hereby amended to read
6070		-	as follows: 79-3234. (a) All reports and returns required by this act
6071		-	shall be preserved for three years and thereafter until the director orders
6072		-	them to be destroyed.
6073		-	(b) Except in accordance with proper judicial order, or as provided
6074		-	in subsection (c) or in K.S.A. 17-7511, K.S.A. 46-1106(e), 46-1114, or
6075		-	79-32,153a, and amendments thereto, it shall be unlawful for the
6076		-	secretary, the director, any deputy, agent, clerk or other officer,
6077		-	employee or former employee of the department of revenue or any
6078		-	other state officer or employee or former state officer or employee to
6079		-	divulge, or to make known in any way, the amount of income or any
6080		-	particulars set forth or disclosed in any report, return, federal return or
6081		-	federal return information required under this act; and it shall be
6082		-	unlawful for the secretary, the director, any deputy, agent, clerk or other
6083		-	officer or employee engaged in the administration of this act to engage
6084		-	in the business or profession of tax accounting or to accept
6085		-	employment, with or without consideration, from any person, firm or
6086		-	corporation for the purpose, directly or indirectly, of preparing tax
6087		-	returns or reports required by the laws of the state of Kansas, by any
6088		-	other state or by the United States government, or to accept any
6089		-	employment for the purpose of advising, preparing material or data, or
6090		-	the auditing of books or records to be used in an effort to defeat or
6091		-	cancel any tax or part thereof that has been assessed by the state of
6092		-	Kansas, any other state or by the United States government.
	11632	+	Sec. 141. K.S.A. 2022 Supp. 79-3234 is hereby amended to read as
	11633	+	follows: 79-3234. (a) All reports and returns required by this act shall be
	11634	+	preserved for three years and thereafter until the director orders them to be
	11635	+	destroyed.
	11636	+	(b) Except in accordance with proper judicial order, or as provided in
	11637	+	subsection (c) or in K.S.A. 17-7511, K.S.A. 46-1106(e), 46-1114, or 79-
	11638	+	32,153a, and amendments thereto, it shall be unlawful for the secretary, the
	11639	+	director, any deputy, agent, clerk or other officer, employee or former
	11640	+	employee of the department of revenue or any other state officer or
	11641	+	employee or former state officer or employee to divulge, or to make
	11642	+	known in any way, the amount of income or any particulars set forth or
	11643	+	disclosed in any report, return, federal return or federal return information
	11644	+	required under this act; and it shall be unlawful for the secretary, the
	11645	+	director, any deputy, agent, clerk or other officer or employee engaged in
	11646	+	the administration of this act to engage in the business or profession of tax
	11647	+	accounting or to accept employment, with or without consideration, from
	11648	+	any person, firm or corporation for the purpose, directly or indirectly, of
	11649	+	1
	11650	+	2
	11651	+	3
	11652	+	4
	11653	+	5
	11654	+	6
	11655	+	7
	11656	+	8
	11657	+	9
	11658	+	10
	11659	+	11
	11660	+	12
	11661	+	13
	11662	+	14
	11663	+	15
	11664	+	16
	11665	+	17
	11666	+	18
	11667	+	19
	11668	+	20
	11669	+	21
	11670	+	22
	11671	+	23
	11672	+	24
	11673	+	25
	11674	+	26
	11675	+	27
	11676	+	28
	11677	+	29
	11678	+	30
	11679	+	31
	11680	+	32
	11681	+	33
	11682	+	34
	11683	+	35
	11684	+	36
	11685	+	37
	11686	+	38
	11687	+	39
	11688	+	40
	11689	+	41
	11690	+	42
	11691	+	43 HB 2332 137
	11692	+	preparing tax returns or reports required by the laws of the state of Kansas,
	11693	+	by any other state or by the United States government, or to accept any
	11694	+	employment for the purpose of advising, preparing material or data, or the
	11695	+	auditing of books or records to be used in an effort to defeat or cancel any
	11696	+	tax or part thereof that has been assessed by the state of Kansas, any other
	11697	+	state or by the United States government.
6093	11698		(c) The secretary or the secretary's designee may:
6094		-	(1) Publish statistics, so classified as to prevent the identification
6095		-	of particular reports or returns and the items thereof;
	11699	+	(1) Publish statistics, so classified as to prevent the identification of
	11700	+	particular reports or returns and the items thereof;
6096	11701		(2) allow the inspection of returns by the attorney general or other
6097	11702		legal representatives of the state;
6098		-	(3) provide the post auditor access to all income tax reports or
6099		-	returns in accordance with and subject to the provisions of K.S.A. 46-
6100		-	1106(e) or 46-1114, and amendments thereto;
6101		-	(4) disclose taxpayer information from income tax returns to
6102		-	persons or entities contracting with the secretary of revenue where the
6103		-	secretary has determined disclosure of such information is essential for
6104		-	completion of the contract and has taken appropriate steps to preserve
6105		-	confidentiality;
	11703	+	(3) provide the post auditor access to all income tax reports or returns
	11704	+	in accordance with and subject to the provisions of K.S.A. 46-1106(e) or
	11705	+	46-1114, and amendments thereto;
	11706	+	(4) disclose taxpayer information from income tax returns to persons
	11707	+	or entities contracting with the secretary of revenue where the secretary
	11708	+	has determined disclosure of such information is essential for completion
	11709	+	of the contract and has taken appropriate steps to preserve confidentiality;
6106	11710		(5) disclose to the secretary of commerce the following:
6107	11711		(A) Specific taxpayer information related to financial information
6108	11712		previously submitted by the taxpayer to the secretary of commerce
6109	11713		concerning or relevant to any income tax credits, for purposes of
6110		-	verification of such information or evaluating the effectiveness of any ~~HOUSE BILL No. 2332—page 104~~
6111		-	~~tax~~ credit or economic incentive program administered by the secretary
6112		-	of commerce;
6113		-	(B) the amount of payroll withholding taxes an employer is
6114		-	~~retaining~~ pursuant to K.S.A. 74-50,212, and amendments thereto;
	11714	+	verification of such information or evaluating the effectiveness of any tax
	11715	+	credit or economic incentive program administered by the secretary of
	11716	+	commerce;
	11717	+	(B) the amount of payroll withholding taxes an employer is retaining
	11718	+	pursuant to K.S.A. 74-50,212, and amendments thereto;
6115	11719		(C) information received from businesses completing the form
6116	11720		required by K.S.A. 74-50,217, and amendments thereto; and
6117	11721		(D) findings related to a compliance audit conducted by the
6118	11722		department of revenue upon the request of the secretary of commerce
6119	11723		pursuant to K.S.A. 74-50,215, and amendments thereto;
6120		-	(6) disclose income tax returns to the state gaming agency to be
6121		-	used solely for the purpose of determining qualifications of licensees of
6122		-	and applicants for licensure in tribal gaming. Any information received
6123		-	by the state gaming agency shall be confidential and shall not be
6124		-	disclosed except to the executive director, employees of the state
6125		-	gaming agency and members and employees of the tribal gaming
6126		-	commission;
	11724	+	(6) disclose income tax returns to the state gaming agency to be used
	11725	+	solely for the purpose of determining qualifications of licensees of and
	11726	+	applicants for licensure in tribal gaming. Any information received by the
	11727	+	state gaming agency shall be confidential and shall not be disclosed except
	11728	+	to the executive director, employees of the state gaming agency and
	11729	+	members and employees of the tribal gaming commission;
6127	11730		(7) disclose the taxpayer's name, last known address and residency
6128	11731		status to the Kansas department of wildlife, and parks and tourism to be
6129	11732		used solely in its license fraud investigations;
6130	11733		(8) disclose the name, residence address, employer or Kansas
6131		-	adjusted gross income of a taxpayer who may have a duty of support in
6132		-	a title IV-D case to the secretary of the Kansas department for children
6133		-	and families for use solely in administrative or judicial proceedings to
6134		-	establish, modify or enforce such support obligation in a title IV-D
6135		-	case. In addition to any other limits on use, such use shall be allowed
6136		-	only where subject to a protective order which prohibits disclosure
6137		-	outside of the title IV-D proceeding. As used in this section, "title IV-D
6138		-	case" means a case being administered pursuant to part D of title IV of
6139		-	the federal social security act, 42 U.S.C. § 651 et seq., and amendments
6140		-	thereto. Any person receiving any information under the provisions of
6141		-	this subsection shall be subject to the confidentiality provisions of
6142		-	subsection (b) and to the penalty provisions of subsection (e);
6143		-	(9) permit the commissioner of internal revenue of the United
6144		-	States, or the proper official of any state imposing an income tax, or the
6145		-	authorized representative of either, to inspect the income tax returns
6146		-	made under this act and the secretary of revenue may make available or
6147		-	furnish to the taxing officials of any other state or the commissioner of
6148		-	internal revenue of the United States or other taxing officials of the
6149		-	federal government, or their authorized representatives, information
6150		-	contained in income tax reports or returns or any audit thereof or the
6151		-	report of any investigation made with respect thereto, filed pursuant to
6152		-	the income tax laws, as the secretary may consider proper, but such
6153		-	information shall not be used for any other purpose than that of the
6154		-	administration of tax laws of such state, the state of Kansas or of the
6155		-	United States;
	11734	+	adjusted gross income of a taxpayer who may have a duty of support in a
	11735	+	1
	11736	+	2
	11737	+	3
	11738	+	4
	11739	+	5
	11740	+	6
	11741	+	7
	11742	+	8
	11743	+	9
	11744	+	10
	11745	+	11
	11746	+	12
	11747	+	13
	11748	+	14
	11749	+	15
	11750	+	16
	11751	+	17
	11752	+	18
	11753	+	19
	11754	+	20
	11755	+	21
	11756	+	22
	11757	+	23
	11758	+	24
	11759	+	25
	11760	+	26
	11761	+	27
	11762	+	28
	11763	+	29
	11764	+	30
	11765	+	31
	11766	+	32
	11767	+	33
	11768	+	34
	11769	+	35
	11770	+	36
	11771	+	37
	11772	+	38
	11773	+	39
	11774	+	40
	11775	+	41
	11776	+	42
	11777	+	43 HB 2332 138
	11778	+	title IV-D case to the secretary of the Kansas department for children and
	11779	+	families for use solely in administrative or judicial proceedings to
	11780	+	establish, modify or enforce such support obligation in a title IV-D case. In
	11781	+	addition to any other limits on use, such use shall be allowed only where
	11782	+	subject to a protective order which prohibits disclosure outside of the title
	11783	+	IV-D proceeding. As used in this section, "title IV-D case" means a case
	11784	+	being administered pursuant to part D of title IV of the federal social
	11785	+	security act, 42 U.S.C. § 651 et seq., and amendments thereto. Any person
	11786	+	receiving any information under the provisions of this subsection shall be
	11787	+	subject to the confidentiality provisions of subsection (b) and to the
	11788	+	penalty provisions of subsection (e);
	11789	+	(9) permit the commissioner of internal revenue of the United States,
	11790	+	or the proper official of any state imposing an income tax, or the
	11791	+	authorized representative of either, to inspect the income tax returns made
	11792	+	under this act and the secretary of revenue may make available or furnish
	11793	+	to the taxing officials of any other state or the commissioner of internal
	11794	+	revenue of the United States or other taxing officials of the federal
	11795	+	government, or their authorized representatives, information contained in
	11796	+	income tax reports or returns or any audit thereof or the report of any
	11797	+	investigation made with respect thereto, filed pursuant to the income tax
	11798	+	laws, as the secretary may consider proper, but such information shall not
	11799	+	be used for any other purpose than that of the administration of tax laws of
	11800	+	such state, the state of Kansas or of the United States;
6156	11801		(10) communicate to the executive director of the Kansas lottery
6157		-	information as to whether a person, partnership or corporation is
6158		-	current in the filing of all applicable tax returns and in the payment of
6159		-	all taxes, interest and penalties to the state of Kansas, excluding items
6160		-	under formal appeal, for the purpose of determining whether such
6161		-	person, partnership or corporation is eligible to be selected as a lottery
6162		-	retailer;
	11802	+	information as to whether a person, partnership or corporation is current in
	11803	+	the filing of all applicable tax returns and in the payment of all taxes,
	11804	+	interest and penalties to the state of Kansas, excluding items under formal
	11805	+	appeal, for the purpose of determining whether such person, partnership or
	11806	+	corporation is eligible to be selected as a lottery retailer;
6163	11807		(11) communicate to the executive director of the Kansas racing
6164		-	commission as to whether a person, partnership or corporation has
6165		-	~~failed~~ to meet any tax obligation to the state of Kansas for the purpose
6166		-	of determining whether such person, partnership or corporation is
6167		-	~~eligible for~~ a facility owner license or facility manager license pursuant
6168		-	~~to the Kansas~~ parimutuel racing act;
6169		-	(12) provide such information to the executive director of the ~~HOUSE BILL No. 2332—page 105~~
6170		-	~~Kansas~~ public employees retirement system for the purpose of
6171		-	~~determining that~~ certain individuals' reported compensation is in
6172		-	~~compliance with the~~ Kansas public employees retirement act, K.S.A.
6173		-	~~74-4901 et seq., and~~ amendments thereto;
	11808	+	commission as to whether a person, partnership or corporation has failed
	11809	+	to meet any tax obligation to the state of Kansas for the purpose of
	11810	+	determining whether such person, partnership or corporation is eligible for
	11811	+	a facility owner license or facility manager license pursuant to the Kansas
	11812	+	parimutuel racing act;
	11813	+	(12) provide such information to the executive director of the Kansas
	11814	+	public employees retirement system for the purpose of determining that
	11815	+	certain individuals' reported compensation is in compliance with the
	11816	+	Kansas public employees retirement act, K.S.A. 74-4901 et seq., and
	11817	+	amendments thereto;
6174	11818		(13) (A) provide taxpayer information of persons suspected of
6175		-	violating K.S.A. 44-766, and amendments thereto, to the secretary of
6176		-	labor or such secretary's designee for the purpose of determining
6177		-	compliance by any person with the provisions of K.S.A. 44-703(i)(3)
6178		-	(D) and 44-766, and amendments thereto. The information to be
6179		-	provided shall include all relevant information in the possession of the
6180		-	department of revenue necessary for the secretary of labor to make a
6181		-	proper determination of compliance with the provisions of K.S.A. 44-
6182		-	703(i)(3)(D) and 44-766, and amendments thereto, and to calculate any
6183		-	unemployment contribution taxes due. Such information to be provided
6184		-	by the department of revenue shall include, but not be limited to,
6185		-	withholding tax and payroll information, the identity of any person that
6186		-	has been or is currently being audited or investigated in connection
6187		-	with the administration and enforcement of the withholding and
6188		-	declaration of estimated tax act, K.S.A. 79-3294 et seq., and
6189		-	amendments thereto, and the results or status of such audit or
6190		-	investigation;
6191		-	(B) any person receiving tax information under the provisions of
6192		-	this paragraph shall be subject to the same duty of confidentiality
6193		-	imposed by law upon the personnel of the department of revenue and
6194		-	shall be subject to any civil or criminal penalties imposed by law for
6195		-	violations of such duty of confidentiality; and
	11819	+	violating K.S.A. 44-766, and amendments thereto, to the secretary of labor
	11820	+	or such secretary's designee for the purpose of determining compliance by
	11821	+	1
	11822	+	2
	11823	+	3
	11824	+	4
	11825	+	5
	11826	+	6
	11827	+	7
	11828	+	8
	11829	+	9
	11830	+	10
	11831	+	11
	11832	+	12
	11833	+	13
	11834	+	14
	11835	+	15
	11836	+	16
	11837	+	17
	11838	+	18
	11839	+	19
	11840	+	20
	11841	+	21
	11842	+	22
	11843	+	23
	11844	+	24
	11845	+	25
	11846	+	26
	11847	+	27
	11848	+	28
	11849	+	29
	11850	+	30
	11851	+	31
	11852	+	32
	11853	+	33
	11854	+	34
	11855	+	35
	11856	+	36
	11857	+	37
	11858	+	38
	11859	+	39
	11860	+	40
	11861	+	41
	11862	+	42
	11863	+	43 HB 2332 139
	11864	+	any person with the provisions of K.S.A. 44-703(i)(3)(D) and 44-766, and
	11865	+	amendments thereto. The information to be provided shall include all
	11866	+	relevant information in the possession of the department of revenue
	11867	+	necessary for the secretary of labor to make a proper determination of
	11868	+	compliance with the provisions of K.S.A. 44-703(i)(3)(D) and 44-766, and
	11869	+	amendments thereto, and to calculate any unemployment contribution
	11870	+	taxes due. Such information to be provided by the department of revenue
	11871	+	shall include, but not be limited to, withholding tax and payroll
	11872	+	information, the identity of any person that has been or is currently being
	11873	+	audited or investigated in connection with the administration and
	11874	+	enforcement of the withholding and declaration of estimated tax act,
	11875	+	K.S.A. 79-3294 et seq., and amendments thereto, and the results or status
	11876	+	of such audit or investigation;
	11877	+	(B) any person receiving tax information under the provisions of this
	11878	+	paragraph shall be subject to the same duty of confidentiality imposed by
	11879	+	law upon the personnel of the department of revenue and shall be subject
	11880	+	to any civil or criminal penalties imposed by law for violations of such
	11881	+	duty of confidentiality; and
6196	11882		(C) each of the secretary of labor and the secretary of revenue may
6197	11883		adopt rules and regulations necessary to effect the provisions of this
6198	11884		paragraph;
6199	11885		(14) provide such information to the state treasurer for the sole
6200	11886		purpose of carrying out the provisions of K.S.A. 58-3934, and
6201		-	amendments thereto. Such information shall be limited to current and
6202		-	~~prior~~ addresses of taxpayers or associated persons who may have
6203		-	~~knowledge as~~ to the location of an owner of unclaimed property. For
6204		-	~~the purposes of this~~ paragraph, "associated persons" includes spouses
6205		-	~~or dependents listed on~~ income tax returns;
6206		-	(15) after receipt of information pursuant to subsection (f),
6207		-	~~forward~~ such information and provide the following reported Kansas
6208		-	~~individual~~ income tax information for each listed defendant, if
6209		-	~~available, to the state~~ board of indigents' defense services in an
6210		-	~~electronic format and in the~~ manner determined by the secretary:
	11887	+	amendments thereto. Such information shall be limited to current and prior
	11888	+	addresses of taxpayers or associated persons who may have knowledge as
	11889	+	to the location of an owner of unclaimed property. For the purposes of this
	11890	+	paragraph, "associated persons" includes spouses or dependents listed on
	11891	+	income tax returns;
	11892	+	(15) after receipt of information pursuant to subsection (f), forward
	11893	+	such information and provide the following reported Kansas individual
	11894	+	income tax information for each listed defendant, if available, to the state
	11895	+	board of indigents' defense services in an electronic format and in the
	11896	+	manner determined by the secretary:
6211	11897		(A) The defendant's name;
6212	11898		(B) social security number;
6213	11899		(C) Kansas adjusted gross income;
6214	11900		(D) number of exemptions claimed; and
6215		-	(E) the relevant tax year of such records. Any social security
6216		-	number provided to the secretary and the state board of indigents'
6217		-	defense services pursuant to this section shall remain confidential; and
6218		-	(16) disclose taxpayer information that is received from income
6219		-	tax returns to the department of commerce that may be disclosed
6220		-	pursuant to the provisions of K.S.A. 2022 Supp. 74-50,227, and
6221		-	amendments thereto, for the purpose of including such information in
6222		-	the database required by K.S.A. 2022 Supp. 74-50,227, and
6223		-	amendments thereto.
	11901	+	(E) the relevant tax year of such records. Any social security number
	11902	+	provided to the secretary and the state board of indigents' defense services
	11903	+	pursuant to this section shall remain confidential; and
	11904	+	(16) disclose taxpayer information that is received from income tax
	11905	+	returns to the department of commerce that may be disclosed pursuant to
	11906	+	the provisions of K.S.A. 2022 Supp. 74-50,227, and amendments thereto,
	11907	+	1
	11908	+	2
	11909	+	3
	11910	+	4
	11911	+	5
	11912	+	6
	11913	+	7
	11914	+	8
	11915	+	9
	11916	+	10
	11917	+	11
	11918	+	12
	11919	+	13
	11920	+	14
	11921	+	15
	11922	+	16
	11923	+	17
	11924	+	18
	11925	+	19
	11926	+	20
	11927	+	21
	11928	+	22
	11929	+	23
	11930	+	24
	11931	+	25
	11932	+	26
	11933	+	27
	11934	+	28
	11935	+	29
	11936	+	30
	11937	+	31
	11938	+	32
	11939	+	33
	11940	+	34
	11941	+	35
	11942	+	36
	11943	+	37
	11944	+	38
	11945	+	39
	11946	+	40
	11947	+	41
	11948	+	42
	11949	+	43 HB 2332 140
	11950	+	for the purpose of including such information in the database required by
	11951	+	K.S.A. 2022 Supp. 74-50,227, and amendments thereto.
6224	11952		(d) Any person receiving information under the provisions of
6225	11953		subsection (c) shall be subject to the confidentiality provisions of
6226	11954		subsection (b) and to the penalty provisions of subsection (e).
6227	11955		(e) Any violation of subsection (b) or (c) is a class A nonperson
6228		-	misdemeanor and, if the offender is an officer or employee of the state, ~~HOUSE BILL No. 2332—page 106~~
	11956	+	misdemeanor and, if the offender is an officer or employee of the state,
6229	11957		such officer or employee shall be dismissed from office.
6230		-	(f) For the purpose of determining whether a defendant is
6231		-	~~financially~~ able to employ legal counsel under the provisions of K.S.A.
6232		-	~~22-4504, and~~ amendments thereto, in all felony cases with appointed
6233		-	~~counsel where the~~ defendant's social security number is accessible from
6234		-	~~the records of the~~ district court, the court shall electronically provide
6235		-	~~the defendant's name,~~ social security number, district court case number
6236		-	~~and county to the~~ secretary of revenue in the manner and format agreed
6237		-	~~to by the office of~~ judicial administration and the secretary.
6238		-	(g) Nothing in this section shall be construed to allow disclosure
6239		-	of the amount of income or any particulars set forth or disclosed in any
	11958	+	(f) For the purpose of determining whether a defendant is financially
	11959	+	able to employ legal counsel under the provisions of K.S.A. 22-4504, and
	11960	+	amendments thereto, in all felony cases with appointed counsel where the
	11961	+	defendant's social security number is accessible from the records of the
	11962	+	district court, the court shall electronically provide the defendant's name,
	11963	+	social security number, district court case number and county to the
	11964	+	secretary of revenue in the manner and format agreed to by the office of
	11965	+	judicial administration and the secretary.
	11966	+	(g) Nothing in this section shall be construed to allow disclosure of
	11967	+	the amount of income or any particulars set forth or disclosed in any
6240	11968		report, return, federal return or federal return information, where such
6241		-	disclosure is prohibited by the federal internal revenue code as in effect
6242		-	on September 1, 1996, and amendments thereto, related federal internal
	11969	+	disclosure is prohibited by the federal internal revenue code as in effect on
	11970	+	September 1, 1996, and amendments thereto, related federal internal
6243	11971		revenue rules or regulations, or other federal law.
6244		-	Sec. 142. K.S.A. 79-32,203 is hereby amended to read as follows:
6245		-	~~79-~~32,203. (a) There shall be allowed two types of credits against the
6246		-	~~tax~~ liability of a taxpayer imposed under the Kansas income tax act
6247		-	~~related to~~ real property that is both:
	11972	+	Sec. 142. K.S.A. 79-32,203 is hereby amended to read as follows: 79-
	11973	+	32,203. (a) There shall be allowed two types of credits against the tax
	11974	+	liability of a taxpayer imposed under the Kansas income tax act related to
	11975	+	real property that is both:
6248	11976		(1) Designated by the secretary of wildlife, and parks and tourism
6249	11977		pursuant to the nongame and endangered species conservation act as
6250	11978		critical habitat for a threatened or endangered species or certified by the
6251	11979		secretary of wildlife, and parks and tourism as land known to support
6252	11980		populations of species in need of conservation; and
6253		-	(2) included in management activities as part of a recovery plan,
6254		-	~~or an~~ agreement identified in subsection (b) of K.S.A. 32-962(b), and
6255		-	amendments thereto, as approved by the secretary of wildlife, and
6256		-	~~parks~~ and tourism for a species listed as threatened, endangered or in
6257		-	~~need of~~ conservation pursuant to the nongame and endangered species
	11981	+	(2) included in management activities as part of a recovery plan, or an
	11982	+	agreement identified in subsection (b) of K.S.A. 32-962(b), and
	11983	+	amendments thereto, as approved by the secretary of wildlife, and parks
	11984	+	and tourism for a species listed as threatened, endangered or in need of
	11985	+	conservation pursuant to the nongame and endangered species
6258	11986		conservation act.
6259		-	(b) There shall be allowed as an annual credit against the tax
6260		-	liability of a taxpayer imposed an amount equal to the total amount
6261		-	paid by the taxpayer during the taxable year for ad valorem taxes and
6262		-	assessments that are imposed by the state or by any political or taxing
6263		-	subdivision of the state or related to real property described in
6264		-	subsection (a) for each year that the management activities specified in
6265		-	the recovery plan or agreement described in subsection (a)(2) remain in
6266		-	effect and apply to such real property. The credit allowed by this
6267		-	subsection shall not exceed the amount of tax imposed under the
6268		-	Kansas income tax act reduced by the sum of any other credits
6269		-	allowable pursuant to law.
	11987	+	(b) There shall be allowed as an annual credit against the tax liability
	11988	+	of a taxpayer imposed an amount equal to the total amount paid by the
	11989	+	taxpayer during the taxable year for ad valorem taxes and assessments that
	11990	+	are imposed by the state or by any political or taxing subdivision of the
	11991	+	state or related to real property described in subsection (a) for each year
	11992	+	that the management activities specified in the recovery plan or agreement
	11993	+	1
	11994	+	2
	11995	+	3
	11996	+	4
	11997	+	5
	11998	+	6
	11999	+	7
	12000	+	8
	12001	+	9
	12002	+	10
	12003	+	11
	12004	+	12
	12005	+	13
	12006	+	14
	12007	+	15
	12008	+	16
	12009	+	17
	12010	+	18
	12011	+	19
	12012	+	20
	12013	+	21
	12014	+	22
	12015	+	23
	12016	+	24
	12017	+	25
	12018	+	26
	12019	+	27
	12020	+	28
	12021	+	29
	12022	+	30
	12023	+	31
	12024	+	32
	12025	+	33
	12026	+	34
	12027	+	35
	12028	+	36
	12029	+	37
	12030	+	38
	12031	+	39
	12032	+	40
	12033	+	41
	12034	+	42
	12035	+	43 HB 2332 141
	12036	+	described in subsection (a)(2) remain in effect and apply to such real
	12037	+	property. The credit allowed by this subsection shall not exceed the
	12038	+	amount of tax imposed under the Kansas income tax act reduced by the
	12039	+	sum of any other credits allowable pursuant to law.
6270	12040		(c) There shall be allowed as a credit against the tax liability of a
6271	12041		taxpayer imposed under the Kansas income tax act an amount equal to
6272		-	costs incurred by the taxpayer for habitat management or construction
6273		-	~~and~~ maintenance of improvements on real property described in
6274		-	~~subsection (a).~~ Such costs shall be for management or improvements in
6275		-	~~accordance with~~ management activities as a part of a recovery plan or
6276		-	~~conservation~~ agreement identified in subsection (b) of K.S.A. 32-
6277		-	~~962(b), and~~ amendments thereto, as approved by the secretary of
6278		-	~~wildlife, and parks~~ and tourism, for a species listed as threatened,
6279		-	~~endangered or in need of~~ conservation pursuant to the nongame and
6280		-	~~endangered species~~ conservation act. The tax credit allowed by this
6281		-	~~subsection shall be~~ deducted from the taxpayer's income tax liability for
6282		-	~~the taxable year in~~ which the expenditures are made by the taxpayer. If
6283		-	~~the amount of such tax~~ credit exceeds the taxpayer's income tax
6284		-	~~liability for such taxable year, the~~ taxpayer may elect, at the time of
6285		-	~~filing the initial return upon which the~~ credit is claimed, to:
6286		-	(1) Carry over the amount thereof that exceeds such tax liability
6287		-	~~for~~ deduction from the taxpayer's income tax liability in the next ~~HOUSE BILL No. 2332—page 107~~
6288		-	~~succeeding~~ taxable year or years until the total amount of the tax credit
6289		-	~~has been~~ deducted from tax liability; or
	12042	+	costs incurred by the taxpayer for habitat management or construction and
	12043	+	maintenance of improvements on real property described in subsection (a).
	12044	+	Such costs shall be for management or improvements in accordance with
	12045	+	management activities as a part of a recovery plan or conservation
	12046	+	agreement identified in subsection (b) of K.S.A. 32-962(b), and
	12047	+	amendments thereto, as approved by the secretary of wildlife, and parks
	12048	+	and tourism, for a species listed as threatened, endangered or in need of
	12049	+	conservation pursuant to the nongame and endangered species
	12050	+	conservation act. The tax credit allowed by this subsection shall be
	12051	+	deducted from the taxpayer's income tax liability for the taxable year in
	12052	+	which the expenditures are made by the taxpayer. If the amount of such tax
	12053	+	credit exceeds the taxpayer's income tax liability for such taxable year, the
	12054	+	taxpayer may elect, at the time of filing the initial return upon which the
	12055	+	credit is claimed, to:
	12056	+	(1) Carry over the amount thereof that exceeds such tax liability for
	12057	+	deduction from the taxpayer's income tax liability in the next succeeding
	12058	+	taxable year or years until the total amount of the tax credit has been
	12059	+	deducted from tax liability; or
6290	12060		(2) receive reimbursement of the amount thereof that exceeds such
6291	12061		tax liability, to be paid from amounts appropriated to the secretary of
6292	12062		revenue for that purpose upon warrants of the director of accounts and
6293		-	reports issued pursuant to vouchers approved by the secretary or a
6294		-	~~person~~ or persons designated by the secretary.
	12063	+	reports issued pursuant to vouchers approved by the secretary or a person
	12064	+	or persons designated by the secretary.
6295	12065		(d) The provisions of this section shall be applicable to all taxable
6296		-	years commencing after December 31, 1997, but before January 1,
6297		-	2003.
6298		-	Sec. 143. K.S.A. 79-5212 is hereby amended to read as follows:
6299		-	79-5212. (a) Whenever a taxpayer liable to pay any tax, penalty or
6300		-	interest assessed pursuant to K.S.A. 79-5205, and amendments thereto,
6301		-	refuses or neglects to immediately pay the amount due, the director of
6302		-	taxation may issue one or more warrants for the immediate collection
6303		-	of the amount due, directed to the sheriff of any county of the state
6304		-	commanding the sheriff to seize and sell the real and personal property
	12066	+	years commencing after December 31, 1997, but before January 1, 2003.
	12067	+	Sec. 143. K.S.A. 79-5212 is hereby amended to read as follows: 79-
	12068	+	5212. (a) Whenever a taxpayer liable to pay any tax, penalty or interest
	12069	+	assessed pursuant to K.S.A. 79-5205, and amendments thereto, refuses or
	12070	+	neglects to immediately pay the amount due, the director of taxation may
	12071	+	issue one or more warrants for the immediate collection of the amount due,
	12072	+	directed to the sheriff of any county of the state commanding the sheriff to
	12073	+	seize and sell the real and personal property of the taxpayer, or to seize,
	12074	+	appraise and dispose of the firearms of the taxpayer, found within the
	12075	+	sheriff's county to satisfy the amount specified on the warrant and the cost
	12076	+	of executing the warrant. The director of taxation may also issue one or
	12077	+	more warrants directed to any employee of the department of revenue
	12078	+	commanding the employee to seize and sell the real and personal property
	12079	+	1
	12080	+	2
	12081	+	3
	12082	+	4
	12083	+	5
	12084	+	6
	12085	+	7
	12086	+	8
	12087	+	9
	12088	+	10
	12089	+	11
	12090	+	12
	12091	+	13
	12092	+	14
	12093	+	15
	12094	+	16
	12095	+	17
	12096	+	18
	12097	+	19
	12098	+	20
	12099	+	21
	12100	+	22
	12101	+	23
	12102	+	24
	12103	+	25
	12104	+	26
	12105	+	27
	12106	+	28
	12107	+	29
	12108	+	30
	12109	+	31
	12110	+	32
	12111	+	33
	12112	+	34
	12113	+	35
	12114	+	36
	12115	+	37
	12116	+	38
	12117	+	39
	12118	+	40
	12119	+	41
	12120	+	42
	12121	+	43 HB 2332 142
6305	12122		of the taxpayer, or to seize, appraise and dispose of the firearms of the
6306		-	taxpayer, found within the sheriff's county to satisfy the amount
6307		-	specified on the warrant and the cost of executing the warrant. The
6308		-	director of taxation may also issue one or more warrants directed to any
6309		-	employee of the department of revenue commanding the employee to
6310		-	seize and sell the real and personal property of the taxpayer, or to seize,
6311		-	appraise and dispose of the firearms of the taxpayer, found anywhere
6312		-	within the state of Kansas to satisfy the amount specified on the
6313		-	warrant and the cost of executing the warrant. A copy of the warrant
6314		-	shall also be mailed to the taxpayer at the taxpayer's last known address
6315		-	or served upon the taxpayer in person.
6316		-	(b) The sheriff or department of revenue employee shall proceed
6317		-	to execute upon the warrant in the same manner as provided for
6318		-	attachment orders by K.S.A. 60-706, 60-707 and 60-710, and
6319		-	amendments thereto, except as otherwise provided herein. In the
6320		-	execution of a warrant issued to a department of revenue employee, the
6321		-	employee shall have all of the powers conferred by law upon sheriffs.
6322		-	Any law enforcement officer may assist in the execution of a warrant if
6323		-	requested to do so by a department of revenue employee.
	12123	+	taxpayer, found anywhere within the state of Kansas to satisfy the amount
	12124	+	specified on the warrant and the cost of executing the warrant. A copy of
	12125	+	the warrant shall also be mailed to the taxpayer at the taxpayer's last
	12126	+	known address or served upon the taxpayer in person.
	12127	+	(b) The sheriff or department of revenue employee shall proceed to
	12128	+	execute upon the warrant in the same manner as provided for attachment
	12129	+	orders by K.S.A. 60-706, 60-707 and 60-710, and amendments thereto,
	12130	+	except as otherwise provided herein. In the execution of a warrant issued
	12131	+	to a department of revenue employee, the employee shall have all of the
	12132	+	powers conferred by law upon sheriffs. Any law enforcement officer may
	12133	+	assist in the execution of a warrant if requested to do so by a department of
	12134	+	revenue employee.
6324	12135		(c) No law exempting any goods and chattels, land and tenements
6325		-	from forced sale under execution shall apply to a seizure and sale, or in
6326		-	~~the~~ case of firearms, sale or disposal, under any warrant.
	12136	+	from forced sale under execution shall apply to a seizure and sale, or in the
	12137	+	case of firearms, sale or disposal, under any warrant.
6327	12138		(d) A third party holding funds or other personal property of the
6328		-	taxpayer shall immediately, or as soon thereafter as possible, after
6329		-	service of the warrant on such third party, deliver such funds or other
6330		-	personal property to the sheriff or department of revenue employee,
6331		-	who shall then deliver such to the director of taxation or the director's
6332		-	designee for deposit toward the balance due on the taxpayer's
6333		-	assessment.
6334		-	(e) The sheriff or department of revenue employee shall make
6335		-	return of such warrant to the director of taxation within 60 days from
6336		-	the date of the warrant. If property is seized, then the sheriff or
6337		-	department of revenue employee shall also make return of such warrant
6338		-	to the clerk of the district court in the county where the property was
6339		-	seized.
	12139	+	taxpayer shall immediately, or as soon thereafter as possible, after service
	12140	+	of the warrant on such third party, deliver such funds or other personal
	12141	+	property to the sheriff or department of revenue employee, who shall then
	12142	+	deliver such to the director of taxation or the director's designee for deposit
	12143	+	toward the balance due on the taxpayer's assessment.
	12144	+	(e) The sheriff or department of revenue employee shall make return
	12145	+	of such warrant to the director of taxation within 60 days from the date of
	12146	+	the warrant. If property is seized, then the sheriff or department of revenue
	12147	+	employee shall also make return of such warrant to the clerk of the district
	12148	+	court in the county where the property was seized.
6340	12149		(f) (1) If the taxpayer fails to appeal the assessment as provided by
6341	12150		subsection (b) of K.S.A. 79-5205(b), and amendments thereto, or if the
6342	12151		taxpayer requests a hearing and a final order has been entered by the
6343		-	director of taxation as to the correctness of the assessment, then the
6344		-	sheriff or department of revenue employee shall sell the seized property
6345		-	at public auction, except that firearms may be sold at public auction or
6346		-	disposed of as provided in subsection paragraph (2). The provisions of HOUSE BILL No. 2332—page 108
6347		-	K.S.A. 60-2406, and amendments thereto, shall apply to liens against
6348		-	the property being sold. Notice of the sale of personal property shall be
6349		-	given in accordance with K.S.A. 60-2409, and amendments thereto.
6350		-	Notice of the sale of real property shall be given in accordance with
6351		-	K.S.A. 60-2410, and amendments thereto. The taxpayer shall have the
6352		-	right to redeem real property within a period of six months from the
6353		-	date of the sale.
	12152	+	director of taxation as to the correctness of the assessment, then the sheriff
	12153	+	or department of revenue employee shall sell the seized property at public
	12154	+	auction, except that firearms may be sold at public auction or disposed of
	12155	+	as provided in subsection paragraph (2). The provisions of K.S.A. 60-
	12156	+	2406, and amendments thereto, shall apply to liens against the property
	12157	+	being sold. Notice of the sale of personal property shall be given in
	12158	+	accordance with K.S.A. 60-2409, and amendments thereto. Notice of the
	12159	+	sale of real property shall be given in accordance with K.S.A. 60-2410,
	12160	+	and amendments thereto. The taxpayer shall have the right to redeem real
	12161	+	property within a period of six months from the date of the sale.
6354	12162		(2) In the case of seized firearms not sold, the director of taxation
6355		-	shall obtain an appraisal value performed by a federally licensed
6356		-	firearms dealer or an employee thereof. Such value shall be credited
6357		-	against the taxpayer's outstanding liability. Subsequent to such
6358		-	appraisal and credit against the taxpayer's outstanding liability, the
6359		-	director shall transfer such firearm or firearms as follows:
6360		-	(A) If the firearm or firearms have historical significance, the
6361		-	director may transfer the firearm or firearms to the Kansas state
6362		-	historical society;
6363		-	(B) the director may transfer the firearm or firearms to the
6364		-	secretary of wildlife, and parks and tourism;
6365		-	(C) the director may transfer the firearm or firearms to the director
6366		-	of the Kansas bureau of investigation; or
6367		-	(D) the director may transfer the firearm or firearms to such city
6368		-	or county law enforcement agency where the firearm was seized.
6369		-	(3) At least 30 days prior to the transfer of such firearm or
6370		-	firearms, pursuant to this subsection, the director shall give written
6371		-	notice by mail to the taxpayer at the taxpayer's last known address of
6372		-	the appraised value of such firearm or firearms and the date that the
6373		-	director intends to transfer such firearm or firearms. The taxpayer may
6374		-	appeal the appraised value of any such firearm or firearms by filing a
6375		-	written request for a hearing before the district court in which the tax
6376		-	warrant used to seize such firearm or firearms was filed. Such request
6377		-	must be filed with the district court within 15 days after such notice to
6378		-	the taxpayer was mailed by the director. If no appeal is filed with the
6379		-	district court within 15 days, or if upon appeal the district court rules
6380		-	against the taxpayer, the director shall transfer such firearm or firearms.
6381		-	(g) The director of taxation may also direct the sheriff or
6382		-	department of revenue employee to file any warrant issued pursuant to
6383		-	subsection (a) with the clerk of the district court of any county in
6384		-	Kansas, and thereupon the clerk shall enter in the appearance docket
6385		-	the name of the taxpayer mentioned in the warrant, the amount of the
6386		-	tax or portion of it, interest and penalties for which the warrant is
6387		-	issued and the date such copy is filed and note the taxpayer's name in
6388		-	the general index. No fee shall be charged for such entry. The amount
6389		-	of such warrant shall thereupon become a lien upon the title to, and
6390		-	interest in, the real property of the taxpayer located within such county.
6391		-	Thereupon, the director of taxation shall have the same remedies to
6392		-	collect the amount of the tax, penalty and interest, as if the state of
6393		-	Kansas had recovered judgment against the taxpayer, including
6394		-	immediately garnishing the wages or other property of the taxpayer
6395		-	pursuant to K.S.A. 60-716 et seq., and amendments thereto. Such
6396		-	remedies shall be in addition to the other collection remedies provided
6397		-	herein.
	12163	+	shall obtain an appraisal value performed by a federally licensed firearms
	12164	+	dealer or an employee thereof. Such value shall be credited against the
	12165	+	1
	12166	+	2
	12167	+	3
	12168	+	4
	12169	+	5
	12170	+	6
	12171	+	7
	12172	+	8
	12173	+	9
	12174	+	10
	12175	+	11
	12176	+	12
	12177	+	13
	12178	+	14
	12179	+	15
	12180	+	16
	12181	+	17
	12182	+	18
	12183	+	19
	12184	+	20
	12185	+	21
	12186	+	22
	12187	+	23
	12188	+	24
	12189	+	25
	12190	+	26
	12191	+	27
	12192	+	28
	12193	+	29
	12194	+	30
	12195	+	31
	12196	+	32
	12197	+	33
	12198	+	34
	12199	+	35
	12200	+	36
	12201	+	37
	12202	+	38
	12203	+	39
	12204	+	40
	12205	+	41
	12206	+	42
	12207	+	43 HB 2332 143
	12208	+	taxpayer's outstanding liability. Subsequent to such appraisal and credit
	12209	+	against the taxpayer's outstanding liability, the director shall transfer such
	12210	+	firearm or firearms as follows:
	12211	+	(A) If the firearm or firearms have historical significance, the director
	12212	+	may transfer the firearm or firearms to the Kansas state historical society;
	12213	+	(B) the director may transfer the firearm or firearms to the secretary
	12214	+	of wildlife, and parks and tourism;
	12215	+	(C) the director may transfer the firearm or firearms to the director of
	12216	+	the Kansas bureau of investigation; or
	12217	+	(D) the director may transfer the firearm or firearms to such city or
	12218	+	county law enforcement agency where the firearm was seized.
	12219	+	(3) At least 30 days prior to the transfer of such firearm or firearms,
	12220	+	pursuant to this subsection, the director shall give written notice by mail to
	12221	+	the taxpayer at the taxpayer's last known address of the appraised value of
	12222	+	such firearm or firearms and the date that the director intends to transfer
	12223	+	such firearm or firearms. The taxpayer may appeal the appraised value of
	12224	+	any such firearm or firearms by filing a written request for a hearing
	12225	+	before the district court in which the tax warrant used to seize such firearm
	12226	+	or firearms was filed. Such request must be filed with the district court
	12227	+	within 15 days after such notice to the taxpayer was mailed by the director.
	12228	+	If no appeal is filed with the district court within 15 days, or if upon appeal
	12229	+	the district court rules against the taxpayer, the director shall transfer such
	12230	+	firearm or firearms.
	12231	+	(g) The director of taxation may also direct the sheriff or department
	12232	+	of revenue employee to file any warrant issued pursuant to subsection (a)
	12233	+	with the clerk of the district court of any county in Kansas, and thereupon
	12234	+	the clerk shall enter in the appearance docket the name of the taxpayer
	12235	+	mentioned in the warrant, the amount of the tax or portion of it, interest
	12236	+	and penalties for which the warrant is issued and the date such copy is
	12237	+	filed and note the taxpayer's name in the general index. No fee shall be
	12238	+	charged for such entry. The amount of such warrant shall thereupon
	12239	+	become a lien upon the title to, and interest in, the real property of the
	12240	+	taxpayer located within such county. Thereupon, the director of taxation
	12241	+	shall have the same remedies to collect the amount of the tax, penalty and
	12242	+	interest, as if the state of Kansas had recovered judgment against the
	12243	+	taxpayer, including immediately garnishing the wages or other property of
	12244	+	the taxpayer pursuant to K.S.A. 60-716 et seq., and amendments thereto.
	12245	+	Such remedies shall be in addition to the other collection remedies
	12246	+	provided herein.
6398	12247		(h) The director of taxation shall have the right at any time to issue
6399	12248		alias warrants until the full amount of the tax, penalty and interest is
6400	12249		collected.
6401		-	Sec. 144. K.S.A. 82a-209 is hereby amended to read as follows:
6402		-	82a-209. (a) Whenever the channel, or any part thereof, of any
6403		-	navigable stream in or bordering upon the state of Kansas has
6404		-	previously been, or shall hereafter be, changed or altered by such
6405		-	stream establishing a new channel by flood or avulsion, so that any HOUSE BILL No. 2332—page 109
6406		-	land situated between the banks of such stream at high-water mark shall
6407		-	be abandoned or no longer used as a channel for such stream and the
6408		-	title to such channel is not controlled by K.S.A. 24-454, and
6409		-	amendments thereto, or the provisions of article 2 of chapter 82a of the
6410		-	Kansas Statutes Annotated, and amendments thereto, are not
6411		-	applicable, the Kansas secretary of state shall cause such land to be
	12250	+	Sec. 144. K.S.A. 82a-209 is hereby amended to read as follows: 82a-
	12251	+	1
	12252	+	2
	12253	+	3
	12254	+	4
	12255	+	5
	12256	+	6
	12257	+	7
	12258	+	8
	12259	+	9
	12260	+	10
	12261	+	11
	12262	+	12
	12263	+	13
	12264	+	14
	12265	+	15
	12266	+	16
	12267	+	17
	12268	+	18
	12269	+	19
	12270	+	20
	12271	+	21
	12272	+	22
	12273	+	23
	12274	+	24
	12275	+	25
	12276	+	26
	12277	+	27
	12278	+	28
	12279	+	29
	12280	+	30
	12281	+	31
	12282	+	32
	12283	+	33
	12284	+	34
	12285	+	35
	12286	+	36
	12287	+	37
	12288	+	38
	12289	+	39
	12290	+	40
	12291	+	41
	12292	+	42
	12293	+	43 HB 2332 144
	12294	+	209. (a) Whenever the channel, or any part thereof, of any navigable
	12295	+	stream in or bordering upon the state of Kansas has previously been, or
	12296	+	shall hereafter be, changed or altered by such stream establishing a new
	12297	+	channel by flood or avulsion, so that any land situated between the banks
	12298	+	of such stream at high-water mark shall be abandoned or no longer used as
	12299	+	a channel for such stream and the title to such channel is not controlled by
	12300	+	K.S.A. 24-454, and amendments thereto, or the provisions of article 2 of
	12301	+	chapter 82a of the Kansas Statutes Annotated, and amendments thereto,
	12302	+	are not applicable, the Kansas secretary of state shall cause such land to be
6412	12303		surveyed by a surveyor selected by the secretary of state, and may
6413		-	thereafter sell and convey the same, or any part thereof, by grant or
6414		-	patent, as hereinafter provided. Any such survey and appropriate field
6415		-	notes, maps, records or other papers relating to such survey shall be
6416		-	filed with the register of the state land office. A certified copy of such
6417		-	survey may be filed in the office of the register of deeds of the county
6418		-	within which the land is located. Such land, or any part thereof, may be
6419		-	conveyed to the Kansas department of wildlife, and parks and tourism
6420		-	or may be sold at the best price obtainable to be agreed upon between
6421		-	the secretary of state, acting for and in behalf of the state of Kansas,
6422		-	and any person desiring to buy the same. In any case where any such
6423		-	land has been a part of the bed or channel of any navigable stream
6424		-	bordering on the state of Kansas and the survey establishes parts of
6425		-	such land lying between the Kansas bank of such stream at the high-
6426		-	water mark and the center of the main channel of such stream to be the
6427		-	property of this state which that prior to the survey has been occupied
6428		-	and claimed by any person under any patent, conveyance or grant
6429		-	issued or made after April 1952, to such person from a bordering state
6430		-	or a political subdivision thereof, the secretary of state first shall offer
6431		-	such parts of such lands to such persons occupying and claiming the
6432		-	same as aforesaid at a price represented by the proportionate cost of
6433		-	such survey determined by applying the total cost of the survey to the
6434		-	total acreage of lands covered by said survey. Upon satisfactory proof
6435		-	made thereof, the secretary of state shall allow as a credit to such
6436		-	purchase price the actual cash paid for any such patent, conveyance or
6437		-	grant and the actual costs of any permanent improvements made to any
6438		-	such lands or parts thereof by the person occupying and claiming the
6439		-	same. Upon the refusal of any such offer to such person, the land may
6440		-	be sold by the secretary of state as herein provided.
	12304	+	thereafter sell and convey the same, or any part thereof, by grant or patent,
	12305	+	as hereinafter provided. Any such survey and appropriate field notes,
	12306	+	maps, records or other papers relating to such survey shall be filed with the
	12307	+	register of the state land office. A certified copy of such survey may be
	12308	+	filed in the office of the register of deeds of the county within which the
	12309	+	land is located. Such land, or any part thereof, may be conveyed to the
	12310	+	Kansas department of wildlife, and parks and tourism or may be sold at
	12311	+	the best price obtainable to be agreed upon between the secretary of state,
	12312	+	acting for and in behalf of the state of Kansas, and any person desiring to
	12313	+	buy the same. In any case where any such land has been a part of the bed
	12314	+	or channel of any navigable stream bordering on the state of Kansas and
	12315	+	the survey establishes parts of such land lying between the Kansas bank of
	12316	+	such stream at the high-water mark and the center of the main channel of
	12317	+	such stream to be the property of this state which that prior to the survey
	12318	+	has been occupied and claimed by any person under any patent,
	12319	+	conveyance or grant issued or made after April 1952, to such person from
	12320	+	a bordering state or a political subdivision thereof, the secretary of state
	12321	+	first shall offer such parts of such lands to such persons occupying and
	12322	+	claiming the same as aforesaid at a price represented by the proportionate
	12323	+	cost of such survey determined by applying the total cost of the survey to
	12324	+	the total acreage of lands covered by said survey. Upon satisfactory proof
	12325	+	made thereof, the secretary of state shall allow as a credit to such purchase
	12326	+	price the actual cash paid for any such patent, conveyance or grant and the
	12327	+	actual costs of any permanent improvements made to any such lands or
	12328	+	parts thereof by the person occupying and claiming the same. Upon the
	12329	+	refusal of any such offer to such person, the land may be sold by the
	12330	+	secretary of state as herein provided.
6441	12331		(b) If it is not possible for such prospective purchaser and the
6442	12332		secretary of state to agree on a price, then the land shall be sold by the
6443		-	secretary of state as one tract, or in different tracts, as the secretary of
6444		-	state may determine, under an appraisement made by three
6445		-	disinterested persons residing in the county or counties where such
6446		-	abandoned channel sought to be sold is situated, which appraisers shall
6447		-	be appointed by the secretary of state. Such sale shall be for not less
6448		-	than three-fourths
6449		-	3
6450		-	/4 of the appraised value. In no case shall such land
6451		-	be sold for less than the cost of surveying, appraising and selling the
6452		-	same.
6453		-	Sec. 145. K.S.A. 82a-220 is hereby amended to read as follows:
6454		-	82a-220. (a) As used in this act:
	12333	+	secretary of state as one tract, or in different tracts, as the secretary of state
	12334	+	may determine, under an appraisement made by three disinterested persons
	12335	+	residing in the county or counties where such abandoned channel sought to
	12336	+	be sold is situated, which appraisers shall be appointed by the secretary of
	12337	+	1
	12338	+	2
	12339	+	3
	12340	+	4
	12341	+	5
	12342	+	6
	12343	+	7
	12344	+	8
	12345	+	9
	12346	+	10
	12347	+	11
	12348	+	12
	12349	+	13
	12350	+	14
	12351	+	15
	12352	+	16
	12353	+	17
	12354	+	18
	12355	+	19
	12356	+	20
	12357	+	21
	12358	+	22
	12359	+	23
	12360	+	24
	12361	+	25
	12362	+	26
	12363	+	27
	12364	+	28
	12365	+	29
	12366	+	30
	12367	+	31
	12368	+	32
	12369	+	33
	12370	+	34
	12371	+	35
	12372	+	36
	12373	+	37
	12374	+	38
	12375	+	39
	12376	+	40
	12377	+	41
	12378	+	42
	12379	+	43 HB 2332 145
	12380	+	state. Such sale shall be for not less than three-fourths
	12381	+	3
	12382	+	/4 of the appraised
	12383	+	value. In no case shall such land be sold for less than the cost of surveying,
	12384	+	appraising and selling the same.
	12385	+	Sec. 145. K.S.A. 82a-220 is hereby amended to read as follows: 82a-
	12386	+	220. (a) As used in this act:
6455	12387		(1) "Conservation project" means any project or activity that the
6456	12388		director of the Kansas water office determines will assist in restoring,
6457		-	protecting, rehabilitating, improving, sustaining or maintaining the
6458		-	banks of the Arkansas, Kansas or Missouri rivers from the effects of
6459		-	erosion;
	12389	+	protecting, rehabilitating, improving, sustaining or maintaining the banks
	12390	+	of the Arkansas, Kansas or Missouri rivers from the effects of erosion;
6460	12391		(2) "director" means the director of the Kansas water office; and
6461		-	(3) "state property" means real property currently owned in full or
6462		-	in part by the state in the Arkansas, Kansas or Missouri rivers in
6463		-	~~Kansas, in~~ and along the bed of the river to the ordinary high water
6464		-	~~mark on the banks~~ of such rivers.
	12392	+	(3) "state property" means real property currently owned in full or in
	12393	+	part by the state in the Arkansas, Kansas or Missouri rivers in Kansas, in
	12394	+	and along the bed of the river to the ordinary high water mark on the banks
	12395	+	of such rivers.
6465	12396		(b) (1) The director is hereby authorized to negotiate and grant
6466		-	easements on state property for construction and maintenance of HOUSE BILL No. 2332—page 110
6467		-	conservation projects with cooperating landowners in such projects for
6468		-	the expected life of the project and with such terms and conditions as
6469		-	the director, after consultation with the Kansas department of
6470		-	agriculture, the Kansas department of health and environment, the
6471		-	Kansas department of wildlife, and parks and tourism and the Kansas
6472		-	department of agriculture division of conservation, may deem
6473		-	appropriate.
6474		-	(2) Notice of the easement shall be given to the county or counties
6475		-	in which the easement is proposed and to any municipality or other
	12397	+	easements on state property for construction and maintenance of
	12398	+	conservation projects with cooperating landowners in such projects for the
	12399	+	expected life of the project and with such terms and conditions as the
	12400	+	director, after consultation with the Kansas department of agriculture, the
	12401	+	Kansas department of health and environment, the Kansas department of
	12402	+	wildlife, and parks and tourism and the Kansas department of agriculture
	12403	+	division of conservation, may deem appropriate.
	12404	+	(2) Notice of the easement shall be given to the county or counties in
	12405	+	which the easement is proposed and to any municipality or other
6476	12406		governmental entity that, in the opinion of the director, holds a riparian
6477	12407		interest in the river and may have an interest in the project or results
6478		-	thereof. Those persons or entities receiving notice shall have a period,
6479		-	not to exceed 30 days, to provide comment on the proposed easement
6480		-	to the director.
6481		-	(3) In the event such an easement is proposed to be granted on
6482		-	state property owned or managed by any other agency of the state, the
6483		-	director shall give notice of the proposed easement and project to that
6484		-	agency and shall jointly negotiate any easement so granted.
6485		-	(4) A copy of all easements so entered shall be filed by the
6486		-	director with the office of the secretary of state and the office of the
6487		-	register of deeds for the county or counties in which the easement is
6488		-	located.
6489		-	(c) The director shall adopt rules and regulations necessary to
6490		-	carry out the provisions of this act.
6491		-	Sec. 146. K.S.A. 82a-326 is hereby amended to read as follows:
6492		-	82a-326. When used in this act:
	12408	+	thereof. Those persons or entities receiving notice shall have a period, not
	12409	+	to exceed 30 days, to provide comment on the proposed easement to the
	12410	+	director.
	12411	+	(3) In the event such an easement is proposed to be granted on state
	12412	+	property owned or managed by any other agency of the state, the director
	12413	+	shall give notice of the proposed easement and project to that agency and
	12414	+	shall jointly negotiate any easement so granted.
	12415	+	(4) A copy of all easements so entered shall be filed by the director
	12416	+	with the office of the secretary of state and the office of the register of
	12417	+	deeds for the county or counties in which the easement is located.
	12418	+	(c) The director shall adopt rules and regulations necessary to carry
	12419	+	out the provisions of this act.
	12420	+	Sec. 146. K.S.A. 82a-326 is hereby amended to read as follows: 82a-
	12421	+	326. When used in this act:
6493	12422		(a) "Water development project" means any project or plan which
6494		-	that requires a permit pursuant to K.S.A. 24-126, 24-1213, 82a-301 et
6495		-	seq., and amendments thereto, or the multipurpose small lakes program
6496		-	act;
	12423	+	that requires a permit pursuant to K.S.A. 24-126, 24-1213, 82a-301 et seq.,
	12424	+	and amendments thereto, or the multipurpose small lakes program act;
	12425	+	1
	12426	+	2
	12427	+	3
	12428	+	4
	12429	+	5
	12430	+	6
	12431	+	7
	12432	+	8
	12433	+	9
	12434	+	10
	12435	+	11
	12436	+	12
	12437	+	13
	12438	+	14
	12439	+	15
	12440	+	16
	12441	+	17
	12442	+	18
	12443	+	19
	12444	+	20
	12445	+	21
	12446	+	22
	12447	+	23
	12448	+	24
	12449	+	25
	12450	+	26
	12451	+	27
	12452	+	28
	12453	+	29
	12454	+	30
	12455	+	31
	12456	+	32
	12457	+	33
	12458	+	34
	12459	+	35
	12460	+	36
	12461	+	37
	12462	+	38
	12463	+	39
	12464	+	40
	12465	+	41
	12466	+	42
	12467	+	43 HB 2332 146
6497	12468		(b) "environmental review agencies" means the:
6498	12469		(1) Kansas department of wildlife, and parks and tourism;
6499	12470		(2) Kansas forest service;
6500	12471		(3) state biological survey;
6501	12472		(4) Kansas department of health and environment;
6502	12473		(5) state historical society;
6503	12474		(6) Kansas department of agriculture division of conservation; and
6504	12475		(7) state corporation commission.
6505		-	Sec. 147. K.S.A. 82a-903 is hereby amended to read as follows:
6506		-	82a-903. In accordance with the policies and long-range goals and
6507		-	objectives established by the legislature, the office shall formulate on a
6508		-	continuing basis a comprehensive state water plan for the management,
6509		-	conservation and development of the water resources of the state. Such
6510		-	state water plan shall include sections corresponding with water
6511		-	planning areas as determined by the office. The Kansas water office
6512		-	and the Kansas water authority shall seek advice from the general
6513		-	public and from committees consisting of individuals with knowledge
6514		-	of and interest in water issues in the water planning areas. The plan
6515		-	shall set forth the recommendations of the office for the management,
6516		-	conservation and development of the water resources of the state,
6517		-	including the general location, character, and extent of such existing
6518		-	and proposed projects, programs, and facilities as are necessary or
6519		-	desirable in the judgment of the office to accomplish such policies,
6520		-	goals and objectives. The plan shall specify standards for operation and
6521		-	management of such projects, programs, and facilities as are necessary
6522		-	or desirable. The plan shall be formulated and used for the general
6523		-	purpose of accomplishing the coordinated management, conservation
6524		-	and development of the water resources of the state. The division of
6525		-	water resources of the Kansas department of agriculture, state HOUSE BILL No. 2332—page 111
6526		-	geological survey, the division of environment of the department of
6527		-	health and environment, department of wildlife, and parks and tourism,
6528		-	Kansas department of agriculture division of conservation and all other
6529		-	interested state agencies shall cooperate with the office in formulation
6530		-	of such plan.
	12476	+	Sec. 147. K.S.A. 82a-903 is hereby amended to read as follows: 82a-
	12477	+	903. In accordance with the policies and long-range goals and objectives
	12478	+	established by the legislature, the office shall formulate on a continuing
	12479	+	basis a comprehensive state water plan for the management, conservation
	12480	+	and development of the water resources of the state. Such state water plan
	12481	+	shall include sections corresponding with water planning areas as
	12482	+	determined by the office. The Kansas water office and the Kansas water
	12483	+	authority shall seek advice from the general public and from committees
	12484	+	consisting of individuals with knowledge of and interest in water issues in
	12485	+	the water planning areas. The plan shall set forth the recommendations of
	12486	+	the office for the management, conservation and development of the water
	12487	+	resources of the state, including the general location, character, and extent
	12488	+	of such existing and proposed projects, programs, and facilities as are
	12489	+	necessary or desirable in the judgment of the office to accomplish such
	12490	+	policies, goals and objectives. The plan shall specify standards for
	12491	+	operation and management of such projects, programs, and facilities as are
	12492	+	necessary or desirable. The plan shall be formulated and used for the
	12493	+	general purpose of accomplishing the coordinated management,
	12494	+	conservation and development of the water resources of the state. The
	12495	+	division of water resources of the Kansas department of agriculture, state
	12496	+	geological survey, the division of environment of the department of health
	12497	+	and environment, department of wildlife, and parks and tourism, Kansas
	12498	+	department of agriculture division of conservation and all other interested
	12499	+	state agencies shall cooperate with the office in formulation of such plan.
6531	12500		Sec. 148. K.S.A. 82a-1501 is hereby amended to read as follows:
6532	12501		82a-1501. As used in the water transfer act:
6533	12502		(a) (1) "Water transfer" means the diversion and transportation of
6534		-	water in a quantity of 2,000 acre feet or more per year for beneficial use
6535		-	at a point of use outside a 35-mile radius from the point of diversion of
6536		-	such water. In determining the amount of water transferred in the case
6537		-	of a water transfer supplying water to multiple public water supply
6538		-	systems or other water users, the amount of water transferred shall be
6539		-	considered to be the aggregate amount of water which that will be
6540		-	supplied by the transfer to all public water supply systems and other
6541		-	water users whose points of use are located outside a 35-mile radius
6542		-	from the point of diversion of such water.
6543		-	(2) Water transfer does not include a release of water from a
6544		-	reservoir to the water's natural watercourse for use within the natural
6545		-	watercourse or watershed, made under the authority of the state water
6546		-	plan storage act (, K.S.A. 82a-1301 et seq., and amendments thereto),
6547		-	or the water assurance program act (, K.S.A. 82a-1330 et seq., and
6548		-	amendments thereto).
	12503	+	water in a quantity of 2,000 acre feet or more per year for beneficial use at
	12504	+	a point of use outside a 35-mile radius from the point of diversion of such
	12505	+	water. In determining the amount of water transferred in the case of a
	12506	+	water transfer supplying water to multiple public water supply systems or
	12507	+	other water users, the amount of water transferred shall be considered to be
	12508	+	the aggregate amount of water which that will be supplied by the transfer
	12509	+	to all public water supply systems and other water users whose points of
	12510	+	use are located outside a 35-mile radius from the point of diversion of such
	12511	+	1
	12512	+	2
	12513	+	3
	12514	+	4
	12515	+	5
	12516	+	6
	12517	+	7
	12518	+	8
	12519	+	9
	12520	+	10
	12521	+	11
	12522	+	12
	12523	+	13
	12524	+	14
	12525	+	15
	12526	+	16
	12527	+	17
	12528	+	18
	12529	+	19
	12530	+	20
	12531	+	21
	12532	+	22
	12533	+	23
	12534	+	24
	12535	+	25
	12536	+	26
	12537	+	27
	12538	+	28
	12539	+	29
	12540	+	30
	12541	+	31
	12542	+	32
	12543	+	33
	12544	+	34
	12545	+	35
	12546	+	36
	12547	+	37
	12548	+	38
	12549	+	39
	12550	+	40
	12551	+	41
	12552	+	42
	12553	+	43 HB 2332 147
	12554	+	water.
	12555	+	(2) Water transfer does not include a release of water from a reservoir
	12556	+	to the water's natural watercourse for use within the natural watercourse or
	12557	+	watershed, made under the authority of the state water plan storage act (,
	12558	+	K.S.A. 82a-1301 et seq., and amendments thereto), or the water assurance
	12559	+	program act (, K.S.A. 82a-1330 et seq., and amendments thereto).
6549	12560		(b) "Point of diversion" means:
6550	12561		(1) The point where the longitudinal axis of the dam crosses the
6551	12562		center line of the stream in the case of a reservoir;
6552	12563		(2) the location of the headgate or intake in the case of a direct
6553	12564		diversion from a river, stream or other watercourse;
6554	12565		(3) the location of a well in the case of groundwater diversion; or
6555	12566		(4) the geographical center of the points of diversion in the case of
6556	12567		multiple diversion points.
6557		-	(c) "Point of use" means the geographical center of each water
6558		-	~~user's~~ proposed or authorized place of use where any water authorized
6559		-	~~by the~~ proposed transfer will be used.
6560		-	(d) "Chief engineer" means the chief engineer of the division of
6561		-	~~water~~ resources of the Kansas department of agriculture.
6562		-	(e) "Secretary" means the secretary of the department of health
6563		-	~~and~~ environment, or the director of the division of environment of the
	12568	+	(c) "Point of use" means the geographical center of each water user's
	12569	+	proposed or authorized place of use where any water authorized by the
	12570	+	proposed transfer will be used.
	12571	+	(d) "Chief engineer" means the chief engineer of the division of water
	12572	+	resources of the Kansas department of agriculture.
	12573	+	(e) "Secretary" means the secretary of the department of health and
	12574	+	environment, or the director of the division of environment of the
6564	12575		department of health and environment if designated by the secretary.
6565	12576		(f) "Director" means the director of the Kansas water office.
6566	12577		(g) "Panel" means the water transfer hearing panel.
6567	12578		(h) (1) "Party" means:
6568	12579		(1)(A) The applicant; or
6569	12580		(2)(B) any person who successfully intervenes pursuant to K.S.A.
6570	12581		82a-1503, and amendments thereto, and actively participates in the
6571	12582		hearing.
6572	12583		(2) "Party" does not mean include a person who makes a limited
6573	12584		appearance for the purpose of presenting a statement for or against the
6574	12585		water transfer.
6575		-	(i) "Commenting agencies" means groundwater management
6576		-	~~districts~~ and state natural resource and environmental agencies,
6577		-	~~including but not~~ limited to the Kansas department of health and
6578		-	~~environment, the Kansas~~ water office, the Kansas water authority, the
6579		-	~~Kansas department of~~ wildlife, and parks and tourism and the division
6580		-	~~of water resources of the~~ Kansas department of agriculture.
	12586	+	(i) "Commenting agencies" means groundwater management districts
	12587	+	and state natural resource and environmental agencies, including but not
	12588	+	limited to the Kansas department of health and environment, the Kansas
	12589	+	water office, the Kansas water authority, the Kansas department of
	12590	+	wildlife, and parks and tourism and the division of water resources of the
	12591	+	Kansas department of agriculture.
6581	12592		(j) "Public water supply system" means any water supply system,
6582	12593		whether publicly or privately owned, for which a permit is required
6583	12594		pursuant to K.S.A. 65-163, and amendments thereto.
6584		-	Sec. 149. K.S.A. 82a-2001 is hereby amended to read as follows: ~~HOUSE BILL No. 2332—page 112~~
	12595	+	Sec. 149. K.S.A. 82a-2001 is hereby amended to read as follows:
6585	12596		82a-2001. As used in this act:
6586		-	(a) (1) "Classified stream segments" shall include all stream
6587		-	segments that are waters of the state as defined in subsection (a) of
6588		-	K.S.A. 65-161(a), and amendments thereto, and waters described in
6589		-	subsection (d) of K.S.A. 65-171d(d), and amendments thereto, that:
6590		-	(A) Are indicated on the federal environmental protection
6591		-	agency's reach file 1 (RF1) (1982) and have the most recent 10-year
6592		-	median flow of equal to or in excess of one cubic foot per second based
6593		-	on data collected and evaluated by the United States geological survey
6594		-	or in the absence of stream segment flow data, calculations of flow
6595		-	conducted by extrapolation methods provided by the United States
6596		-	geological survey;
6597		-	(B) have the most recent 10-year median flow of equal to or in
6598		-	excess of one cubic foot per second based on data collected and
6599		-	evaluated by the United States geological survey or in the absence of
6600		-	stream segment flow data, calculations of flow conducted by
6601		-	extrapolation methods provided by the United States geological survey;
	12597	+	1
	12598	+	2
	12599	+	3
	12600	+	4
	12601	+	5
	12602	+	6
	12603	+	7
	12604	+	8
	12605	+	9
	12606	+	10
	12607	+	11
	12608	+	12
	12609	+	13
	12610	+	14
	12611	+	15
	12612	+	16
	12613	+	17
	12614	+	18
	12615	+	19
	12616	+	20
	12617	+	21
	12618	+	22
	12619	+	23
	12620	+	24
	12621	+	25
	12622	+	26
	12623	+	27
	12624	+	28
	12625	+	29
	12626	+	30
	12627	+	31
	12628	+	32
	12629	+	33
	12630	+	34
	12631	+	35
	12632	+	36
	12633	+	37
	12634	+	38
	12635	+	39
	12636	+	40
	12637	+	41
	12638	+	42
	12639	+	43 HB 2332 148
	12640	+	(a) (1) "Classified stream segments" shall include all stream segments
	12641	+	that are waters of the state as defined in subsection (a) of K.S.A. 65-
	12642	+	161(a), and amendments thereto, and waters described in subsection (d) of
	12643	+	K.S.A. 65-171d(d), and amendments thereto, that:
	12644	+	(A) Are indicated on the federal environmental protection agency's
	12645	+	reach file 1 (RF1) (1982) and have the most recent 10-year median flow of
	12646	+	equal to or in excess of one cubic foot per second based on data collected
	12647	+	and evaluated by the United States geological survey or in the absence of
	12648	+	stream segment flow data, calculations of flow conducted by extrapolation
	12649	+	methods provided by the United States geological survey;
	12650	+	(B) have the most recent 10-year median flow of equal to or in excess
	12651	+	of one cubic foot per second based on data collected and evaluated by the
	12652	+	United States geological survey or in the absence of stream segment flow
	12653	+	data, calculations of flow conducted by extrapolation methods provided by
	12654	+	the United States geological survey;
6602	12655		(C) are actually inhabited by threatened or endangered aquatic
6603	12656		species listed in rules and regulations promulgated by the Kansas
6604		-	department of wildlife, and parks and tourism or the United States fish
6605		-	~~and~~ wildlife service;
	12657	+	department of wildlife, and parks and tourism or the United States fish and
	12658	+	wildlife service;
6606	12659		(D) (i) scientific studies conducted by the department show that
6607	12660		during periods of flow less than one cubic foot per second stream
6608		-	segments provide important refuges for aquatic life and permit
6609		-	~~biological~~ recolonization of intermittently flowing segments; and
	12661	+	segments provide important refuges for aquatic life and permit biological
	12662	+	recolonization of intermittently flowing segments; and
6610	12663		(ii) a cost-benefit analysis conducted by the department and taking
6611	12664		into account the economic and social impact of classifying the stream
6612	12665		segment indicates that the benefits of classifying the stream segment
6613	12666		outweigh the costs of classifying the stream segment, as consistent with
6614	12667		the federal clean water act and federal regulations; or
6615	12668		(E) are at the point of discharge on the stream segment and
6616		-	downstream from such point where the department has issued a
6617		-	~~national~~ pollutant discharge elimination system permit other than a
6618		-	~~permit for a~~ confined feeding facility, as defined in K.S.A. 65-171d,
6619		-	~~and amendments~~ thereto.
	12669	+	downstream from such point where the department has issued a national
	12670	+	pollutant discharge elimination system permit other than a permit for a
	12671	+	confined feeding facility, as defined in K.S.A. 65-171d, and amendments
	12672	+	thereto.
6620	12673		(2) Classified stream segments other than those described in
6621		-	subsection (a)(1)(E) shall not include ephemeral streams; grass,
6622		-	vegetative or other waterways; culverts; or ditches.
6623		-	(3) Any definition of classified stream or "classified stream
6624		-	segment" in rules and regulations or law that is inconsistent with this
6625		-	definition is hereby declared null and void.
6626		-	(b) "Department" means the department of health and
6627		-	environment.
6628		-	(c) "Designated uses of classified stream segments" shall be
6629		-	defined as follows:
	12674	+	subsection (a)(1)(E) shall not include ephemeral streams; grass, vegetative
	12675	+	or other waterways; culverts; or ditches.
	12676	+	(3) Any definition of classified stream or "classified stream segment"
	12677	+	in rules and regulations or law that is inconsistent with this definition is
	12678	+	hereby declared null and void.
	12679	+	(b) "Department" means the department of health and environment.
	12680	+	(c) "Designated uses of classified stream segments" shall be defined
	12681	+	as follows:
6630	12682		(1) "Agricultural water supply use" means the use of a classified
	12683	+	1
	12684	+	2
	12685	+	3
	12686	+	4
	12687	+	5
	12688	+	6
	12689	+	7
	12690	+	8
	12691	+	9
	12692	+	10
	12693	+	11
	12694	+	12
	12695	+	13
	12696	+	14
	12697	+	15
	12698	+	16
	12699	+	17
	12700	+	18
	12701	+	19
	12702	+	20
	12703	+	21
	12704	+	22
	12705	+	23
	12706	+	24
	12707	+	25
	12708	+	26
	12709	+	27
	12710	+	28
	12711	+	29
	12712	+	30
	12713	+	31
	12714	+	32
	12715	+	33
	12716	+	34
	12717	+	35
	12718	+	36
	12719	+	37
	12720	+	38
	12721	+	39
	12722	+	40
	12723	+	41
	12724	+	42
	12725	+	43 HB 2332 149
6631	12726		stream segment for agricultural purposes, including the following:
6632	12727		(A) "Irrigation" means the withdrawal of water from a classified
6633	12728		stream segment for application onto land; or
6634	12729		(B) "livestock watering" means the provision of water from a
6635	12730		classified stream segment to livestock for consumption.
6636	12731		(2) "Aquatic life support use" means the use of a classified stream
6637		-	segment for the maintenance of the ecological integrity of streams,
6638		-	~~lakes~~ and wetlands, including the sustained growth and propagation of
6639		-	~~native~~ aquatic life; naturalized, important, recreational aquatic life; and
	12732	+	segment for the maintenance of the ecological integrity of streams, lakes
	12733	+	and wetlands, including the sustained growth and propagation of native
	12734	+	aquatic life; naturalized, important, recreational aquatic life; and
6640	12735		indigenous or migratory semiaquatic or terrestrial wildlife directly or
6641		-	indirectly dependent on surface water for survival. Categories of
6642		-	~~"aquatic~~ life support use" include:
6643		-	(A) "Special aquatic life use waters" means classified stream ~~HOUSE BILL No. 2332—page 113~~
6644		-	segments that contain combinations of habitat types and indigenous
6645		-	~~biota~~ not found commonly in the state, or classified stream segments
6646		-	~~that~~ contain representative populations of threatened or endangered
6647		-	~~species,~~ that are listed in rules and regulations promulgated by the
6648		-	~~Kansas~~ department of wildlife, and parks and tourism or the United
6649		-	~~States fish and~~ wildlife service.
	12736	+	indirectly dependent on surface water for survival. Categories of "aquatic
	12737	+	life support use" include:
	12738	+	(A) "Special aquatic life use waters" means classified stream
	12739	+	segments that contain combinations of habitat types and indigenous biota
	12740	+	not found commonly in the state, or classified stream segments that
	12741	+	contain representative populations of threatened or endangered species,
	12742	+	that are listed in rules and regulations promulgated by the Kansas
	12743	+	department of wildlife, and parks and tourism or the United States fish and
	12744	+	wildlife service.
6650	12745		(B) "Expected aquatic life use waters" means classified stream
6651		-	segments containing habitat types and indigenous biota commonly
6652		-	~~found~~ or expected in the state.
	12746	+	segments containing habitat types and indigenous biota commonly found
	12747	+	or expected in the state.
6653	12748		(C) "Restricted aquatic life use waters" means classified stream
6654		-	segments containing indigenous biota limited in abundance or diversity
6655		-	by the physical quality or availability of habitat, due to natural
6656		-	~~deficiencies or~~ artificial modifications, compared to more suitable
6657		-	~~habitats in adjacent~~ waters.
	12749	+	segments containing indigenous biota limited in abundance or diversity by
	12750	+	the physical quality or availability of habitat, due to natural deficiencies or
	12751	+	artificial modifications, compared to more suitable habitats in adjacent
	12752	+	waters.
6658	12753		(3) "Domestic water supply" means the use of a classified stream
6659		-	segment, after appropriate treatment, for the production of potable
6660		-	water.
	12754	+	segment, after appropriate treatment, for the production of potable water.
6661	12755		(4) "Food procurement use" means the use of a classified stream
6662		-	segment for the obtaining of edible forms of aquatic or semiaquatic life
6663		-	~~for~~ human consumption.
6664		-	(5) "Groundwater recharge use" means the use of a classified
6665		-	~~stream~~ segment for the replenishing of fresh or usable groundwater
6666		-	~~resources.~~ This use may involve the infiltration and percolation of
6667		-	~~surface water~~ through sediments and soils or the direct injection of
6668		-	~~surface water into~~ underground aquifers.
6669		-	(6) "Industrial water supply use" means the use of a classified
6670		-	~~stream~~ segment for nonpotable purposes by industry, including
6671		-	~~withdrawals for~~ cooling or process water.
	12756	+	segment for the obtaining of edible forms of aquatic or semiaquatic life for
	12757	+	human consumption.
	12758	+	(5) "Groundwater recharge use" means the use of a classified stream
	12759	+	segment for the replenishing of fresh or usable groundwater resources.
	12760	+	This use may involve the infiltration and percolation of surface water
	12761	+	through sediments and soils or the direct injection of surface water into
	12762	+	underground aquifers.
	12763	+	(6) "Industrial water supply use" means the use of a classified stream
	12764	+	segment for nonpotable purposes by industry, including withdrawals for
	12765	+	cooling or process water.
6672	12766		(7) (A) "Recreational use" means:
6673	12767		(i) Primary contact recreational use is use of a classified stream
6674		-	segment for recreation during the period from April 1 through October
6675		-	31 of each year, provided such classified stream segment is capable of
	12768	+	segment for recreation during the period from April 1 through October 31
	12769	+	1
	12770	+	2
	12771	+	3
	12772	+	4
	12773	+	5
	12774	+	6
	12775	+	7
	12776	+	8
	12777	+	9
	12778	+	10
	12779	+	11
	12780	+	12
	12781	+	13
	12782	+	14
	12783	+	15
	12784	+	16
	12785	+	17
	12786	+	18
	12787	+	19
	12788	+	20
	12789	+	21
	12790	+	22
	12791	+	23
	12792	+	24
	12793	+	25
	12794	+	26
	12795	+	27
	12796	+	28
	12797	+	29
	12798	+	30
	12799	+	31
	12800	+	32
	12801	+	33
	12802	+	34
	12803	+	35
	12804	+	36
	12805	+	37
	12806	+	38
	12807	+	39
	12808	+	40
	12809	+	41
	12810	+	42
	12811	+	43 HB 2332 150
	12812	+	of each year, provided such classified stream segment is capable of
6676	12813		supporting the recreational activities of swimming, skin diving, water-
6677	12814		skiing, wind surfing, kayaking or mussel harvesting where the body is
6678	12815		intended to be immersed in surface water to the extent that some
6679	12816		inadvertent ingestion of water is probable.
6680	12817		(a) Primary contact recreational use-Class A: Use of a classified
6681	12818		stream segment for recreation during the period from April 1 through
6682		-	October 31 of each year, and the classified stream segment is a
6683		-	designated public swimming area. Water quality criterion for bacterial
6684		-	indicator organisms applied to Class A waters shall be set at an illness
6685		-	rate of eight or more per 1,000 swimmers. The classified stream
6686		-	segment shall only be considered impaired for primary contact
6687		-	recreational use-Class A if the calculated geometric mean of at least
6688		-	five samples collected in separate 24-hour periods within a 30-day
6689		-	period exceeds the corresponding water quality criterion. The water
6690		-	quality criterion for primary contact recreational use-Class A waters
6691		-	during the period November 1 through March 31 of each year shall be
6692		-	equal to the criterion applied to secondary contact recreational use-
6693		-	Class A waters.
	12819	+	October 31 of each year, and the classified stream segment is a designated
	12820	+	public swimming area. Water quality criterion for bacterial indicator
	12821	+	organisms applied to Class A waters shall be set at an illness rate of eight
	12822	+	or more per 1,000 swimmers. The classified stream segment shall only be
	12823	+	considered impaired for primary contact recreational use-Class A if the
	12824	+	calculated geometric mean of at least five samples collected in separate
	12825	+	24-hour periods within a 30-day period exceeds the corresponding water
	12826	+	quality criterion. The water quality criterion for primary contact
	12827	+	recreational use-Class A waters during the period November 1 through
	12828	+	March 31 of each year shall be equal to the criterion applied to secondary
	12829	+	contact recreational use-Class A waters.
6694	12830		(b) Primary contact recreational use-Class B: Use of a classified
6695	12831		stream segment for recreation, where moderate full body contact
6696		-	recreation is expected, during the period from April 1 through October
6697		-	31 of each year, and the classified stream segment is by law or written
6698		-	permission of the landowner open to and accessible by the public.
6699		-	Water quality criterion for bacterial indicator organisms applied to
6700		-	Class B waters shall be set at an illness rate of 10 or more per 1,000
6701		-	swimmers. The classified stream segment shall only be considered
6702		-	impaired for primary contact recreational use-Class B if the calculated HOUSE BILL No. 2332—page 114
6703		-	geometric mean of at least five samples collected in separate 24-hour
6704		-	periods within a 30-day period exceeds the corresponding water quality
6705		-	criterion. The water quality criterion for primary contact recreational
6706		-	use-Class B waters during the period November 1 through March 31 of
6707		-	each year shall be equal to the criterion applied to secondary contact
6708		-	recreational use-Class A waters.
	12832	+	recreation is expected, during the period from April 1 through October 31
	12833	+	of each year, and the classified stream segment is by law or written
	12834	+	permission of the landowner open to and accessible by the public. Water
	12835	+	quality criterion for bacterial indicator organisms applied to Class B waters
	12836	+	shall be set at an illness rate of 10 or more per 1,000 swimmers. The
	12837	+	classified stream segment shall only be considered impaired for primary
	12838	+	contact recreational use-Class B if the calculated geometric mean of at
	12839	+	least five samples collected in separate 24-hour periods within a 30-day
	12840	+	period exceeds the corresponding water quality criterion. The water quality
	12841	+	criterion for primary contact recreational use-Class B waters during the
	12842	+	period November 1 through March 31 of each year shall be equal to the
	12843	+	criterion applied to secondary contact recreational use-Class A waters.
6709	12844		(c) Primary contact recreational use-Class C: Use of a classified
6710	12845		stream segment for recreation, where full body contact recreation is
6711		-	infrequent during the period from April 1 through October 31 of each
6712		-	year, and is not open to and accessible by the public under Kansas law
6713		-	and is capable of supporting the recreational activities of swimming,
6714		-	skin diving, water-skiing, wind surfing, boating, mussel harvesting,
6715		-	wading or fishing. Water quality criterion for bacterial indicator
6716		-	organisms applied to Class C waters shall be set at an illness rate of 12
6717		-	or more per 1,000 swimmers. The classified stream segment shall only
6718		-	be considered impaired for primary contact recreational use-Class C if
6719		-	the calculated geometric mean of at least five samples collected in
6720		-	separate 24-hour periods within a 30-day period exceeds the
6721		-	corresponding water quality criterion. The water quality criterion for
6722		-	primary contact recreational use-Class C waters during the period
6723		-	November 1 through March 31 of each year shall be equal to the
6724		-	criterion applied to secondary contact recreational use-Class B waters.
	12846	+	infrequent during the period from April 1 through October 31 of each year,
	12847	+	and is not open to and accessible by the public under Kansas law and is
	12848	+	capable of supporting the recreational activities of swimming, skin diving,
	12849	+	water-skiing, wind surfing, boating, mussel harvesting, wading or fishing.
	12850	+	Water quality criterion for bacterial indicator organisms applied to Class C
	12851	+	waters shall be set at an illness rate of 12 or more per 1,000 swimmers.
	12852	+	The classified stream segment shall only be considered impaired for
	12853	+	primary contact recreational use-Class C if the calculated geometric mean
	12854	+	of at least five samples collected in separate 24-hour periods within a 30-
	12855	+	1
	12856	+	2
	12857	+	3
	12858	+	4
	12859	+	5
	12860	+	6
	12861	+	7
	12862	+	8
	12863	+	9
	12864	+	10
	12865	+	11
	12866	+	12
	12867	+	13
	12868	+	14
	12869	+	15
	12870	+	16
	12871	+	17
	12872	+	18
	12873	+	19
	12874	+	20
	12875	+	21
	12876	+	22
	12877	+	23
	12878	+	24
	12879	+	25
	12880	+	26
	12881	+	27
	12882	+	28
	12883	+	29
	12884	+	30
	12885	+	31
	12886	+	32
	12887	+	33
	12888	+	34
	12889	+	35
	12890	+	36
	12891	+	37
	12892	+	38
	12893	+	39
	12894	+	40
	12895	+	41
	12896	+	42
	12897	+	43 HB 2332 151
	12898	+	day period exceeds the corresponding water quality criterion. The water
	12899	+	quality criterion for primary contact recreational use-Class C waters during
	12900	+	the period November 1 through March 31 of each year shall be equal to
	12901	+	the criterion applied to secondary contact recreational use-Class B waters.
6725	12902		(ii) Secondary contact recreational use is use of a classified stream
6726		-	segment for recreation, provided such classified stream segment is
6727		-	~~capable~~ of supporting the recreational activities of wading, fishing,
6728		-	~~canoeing,~~ motor boating, rafting or other types of boating where the
6729		-	~~body is not~~ intended to be immersed and where ingestion of surface
6730		-	~~water is not~~ probable.
	12903	+	segment for recreation, provided such classified stream segment is capable
	12904	+	of supporting the recreational activities of wading, fishing, canoeing,
	12905	+	motor boating, rafting or other types of boating where the body is not
	12906	+	intended to be immersed and where ingestion of surface water is not
	12907	+	probable.
6731	12908		(a) Secondary contact recreational use-Class A: Use of a classified
6732	12909		stream segment for recreation capable of supporting the recreational
6733		-	activities of wading or fishing and the classified stream segment is by
6734		-	law or written permission of the landowner open to and accessible by
6735		-	the public. Water quality criterion for bacterial indicator organisms
6736		-	applied to secondary contact recreational use-Class A waters shall be
6737		-	nine times the criterion applied to primary contact recreational use-
6738		-	Class B waters. The classified stream segment shall only be considered
6739		-	impaired for secondary contact recreational use-Class A if the
6740		-	calculated geometric mean of at least five samples collected in separate
6741		-	24-hour periods within a 30-day period exceeds the corresponding
6742		-	water quality criterion.
	12910	+	activities of wading or fishing and the classified stream segment is by law
	12911	+	or written permission of the landowner open to and accessible by the
	12912	+	public. Water quality criterion for bacterial indicator organisms applied to
	12913	+	secondary contact recreational use-Class A waters shall be nine times the
	12914	+	criterion applied to primary contact recreational use-Class B waters. The
	12915	+	classified stream segment shall only be considered impaired for secondary
	12916	+	contact recreational use-Class A if the calculated geometric mean of at
	12917	+	least five samples collected in separate 24-hour periods within a 30-day
	12918	+	period exceeds the corresponding water quality criterion.
6743	12919		(b) Secondary contact recreational use-Class B: Use of a classified
6744	12920		stream segment for recreation capable of supporting the recreational
6745	12921		activities of wading or fishing and the classified stream segment is not
6746	12922		open to and accessible by the public under Kansas law. Water quality
6747	12923		criterion for bacterial indicator organisms applied to secondary contact
6748		-	recreational use-Class B waters shall be nine times the criterion applied
6749		-	to primary contact recreational-Class C use waters. The classified
6750		-	~~stream~~ segment shall only be considered impaired for secondary
6751		-	~~contact~~ recreational use-Class B if the calculated geometric mean of at
6752		-	~~least five~~ samples collected in separate 24-hour periods within a 30-day
6753		-	~~period~~ exceeds the corresponding water quality criterion.
	12924	+	recreational use-Class B waters shall be nine times the criterion applied to
	12925	+	primary contact recreational-Class C use waters. The classified stream
	12926	+	segment shall only be considered impaired for secondary contact
	12927	+	recreational use-Class B if the calculated geometric mean of at least five
	12928	+	samples collected in separate 24-hour periods within a 30-day period
	12929	+	exceeds the corresponding water quality criterion.
6754	12930		(B) If opposite sides of a classified stream segment would have
6755		-	different designated recreational uses due to differences in public
6756		-	~~access,~~ the designated use of the entire classified stream segment may
6757		-	~~be the~~ higher attainable use, notwithstanding that such designation does
6758		-	~~not grant~~ the public access to both sides of such segment.
6759		-	(C) Recreational use designations shall not apply to stream
6760		-	~~segments~~ where the natural, ephemeral, intermittent or low flow
6761		-	~~conditions or water~~ levels prevent recreational activities. ~~HOUSE BILL No. 2332—page 115~~
6762		-	(d) "Ephemeral stream" means streams that flow only in response
6763		-	to precipitation and whose channel is at all times above the water table.
	12931	+	different designated recreational uses due to differences in public access,
	12932	+	the designated use of the entire classified stream segment may be the
	12933	+	higher attainable use, notwithstanding that such designation does not grant
	12934	+	the public access to both sides of such segment.
	12935	+	(C) Recreational use designations shall not apply to stream segments
	12936	+	where the natural, ephemeral, intermittent or low flow conditions or water
	12937	+	levels prevent recreational activities.
	12938	+	(d) "Ephemeral stream" means streams that flow only in response to
	12939	+	precipitation and whose channel is at all times above the water table.
6764	12940		(e) "Secretary" means the secretary of health and environment.
	12941	+	1
	12942	+	2
	12943	+	3
	12944	+	4
	12945	+	5
	12946	+	6
	12947	+	7
	12948	+	8
	12949	+	9
	12950	+	10
	12951	+	11
	12952	+	12
	12953	+	13
	12954	+	14
	12955	+	15
	12956	+	16
	12957	+	17
	12958	+	18
	12959	+	19
	12960	+	20
	12961	+	21
	12962	+	22
	12963	+	23
	12964	+	24
	12965	+	25
	12966	+	26
	12967	+	27
	12968	+	28
	12969	+	29
	12970	+	30
	12971	+	31
	12972	+	32
	12973	+	33
	12974	+	34
	12975	+	35
	12976	+	36
	12977	+	37
	12978	+	38
	12979	+	39
	12980	+	40
	12981	+	41
	12982	+	42
	12983	+	43 HB 2332 152
6765	12984		Sec. 150. K.S.A. 82a-2204 is hereby amended to read as follows:
6766	12985		82a-2204. (a) The governing board of the horsethief reservoir benefit
6767	12986		district shall consist of eight members, as follows:
6768	12987		(1) Four members to be appointed one each by the board of county
6769	12988		commissioners of the four counties in the district;
6770		-	(2) one member to be appointed one each by the governing body
6771		-	of the cities of Dodge City and Garden City;
	12989	+	(2) one member to be appointed one each by the governing body of
	12990	+	the cities of Dodge City and Garden City;
6772	12991		(3) one member appointed by the Pawnee watershed district; and
6773		-	(4) the secretary of wildlife, and parks and tourism or the
6774		-	~~secretary's~~ designee.
	12992	+	(4) the secretary of wildlife, and parks and tourism or the secretary's
	12993	+	designee.
6775	12994		(b) The member appointed by the Pawnee watershed district shall
6776	12995		serve as chairperson of the governing board.
6777		-	(c) The board shall meet upon call of the chairperson as necessary
6778		-	to carry out its duties under this act.
6779		-	(d) The initial appointment for the members appointed by Finney
6780		-	and Gray counties and Dodge City shall be for a term of one year. The
6781		-	initial appointment for the members appointed by Ford and Hodgeman
6782		-	counties, Garden City and the Pawnee watershed district shall be for a
6783		-	term of two years. For each subsequent appointment, each appointed
6784		-	member of the board shall be appointed for a term of two years. Each
6785		-	member shall continue in such position until a successor is appointed
6786		-	and qualified. Members shall be eligible for reappointment. Whenever
6787		-	a vacancy occurs in the membership of the board, a successor shall be
6788		-	selected to fill such vacancy in the same manner as and for the
6789		-	unexpired term of the member such person is succeeding.
6790		-	(e) The governing body shall have the following powers and
6791		-	duties:
	12996	+	(c) The board shall meet upon call of the chairperson as necessary to
	12997	+	carry out its duties under this act.
	12998	+	(d) The initial appointment for the members appointed by Finney and
	12999	+	Gray counties and Dodge City shall be for a term of one year. The initial
	13000	+	appointment for the members appointed by Ford and Hodgeman counties,
	13001	+	Garden City and the Pawnee watershed district shall be for a term of two
	13002	+	years. For each subsequent appointment, each appointed member of the
	13003	+	board shall be appointed for a term of two years. Each member shall
	13004	+	continue in such position until a successor is appointed and qualified.
	13005	+	Members shall be eligible for reappointment. Whenever a vacancy occurs
	13006	+	in the membership of the board, a successor shall be selected to fill such
	13007	+	vacancy in the same manner as and for the unexpired term of the member
	13008	+	such person is succeeding.
	13009	+	(e) The governing body shall have the following powers and duties:
6792	13010		(1) Authority to impose a district wide sales tax pursuant to the
6793	13011		provisions of this act;
6794		-	(2) authority to issue bonds pursuant to the provisions of this act;
6795		-	and
6796		-	(3) authority to manage recreational facilities within the district. HOUSE BILL No. 2332—page 116
6797		-	(f) The governing body shall provide that any fee schedule
6798		-	imposed for users of recreational facilities within the district may be set
6799		-	at a reduced rate or schedule for residents of any county which that is a
6800		-	part of the district.
	13012	+	(2) authority to issue bonds pursuant to the provisions of this act; and
	13013	+	(3) authority to manage recreational facilities within the district.
	13014	+	(f) The governing body shall provide that any fee schedule imposed
	13015	+	for users of recreational facilities within the district may be set at a
	13016	+	reduced rate or schedule for residents of any county which that is a part of
	13017	+	the district.
6801	13018		Sec. 151. K.S.A. 2-1314d, 2-2473, 8-134, 32-801, 32-802, 32-805,
6802		-	32-806, 32-807, 32-809, 32-810, 32-811, 32-812, 32-813, 32-814, 32-
6803		-	815, 32-816, 32-818, 32-832, 32-833, 32-834, 32-835, 32-836, 32-837,
6804		-	32-839, 32-840, 32-844, 32-845, 32-846, 32-869, 32-873, 32-874, 32-
6805		-	874a, 32-874b, 32-874c, 32-874d, 32-874e, 32-886, 32-887, 32-888,
6806		-	32-906, 32-918, 32-930, 32-932, 32-938, 32-960a, 32-966, 32-976, 32-
6807		-	996, 32-997, 32-998, 32-999, 32-9,100, 32-1001, 32-1004, 32-1005,
6808		-	32-1031, 32-1032, 32-1040, 32-1041, 32-1049, 32-1049a, 32-1050, 32-
6809		-	1051, 32-1052, 32-1053, 32-1054, 32-1062, 32-1063, 32-1064, 32-
6810		-	1066, 32-1074, 32-1075, 32-1077, 32-1102, 32-1112, 32-1129, 32-
6811		-	1174, 32-1203, 32-1306, 32-1308, 32-1310, 32-1401, 32-1402, 32-
6812		-	1403, 32-1410, 32-1411, 32-1412, 32-1413, 32-1420, 32-1421, 32-
6813		-	1422, 32-1432, 32-1433, 32-1438, 47-2101, 65-189e, 65-3424b, 65-
6814		-	5703, 68-406, 74-134, 74-5,133, 74-2622, 74-3322, 74-4722, 74-4911f,
6815		-	74-5005, 74-6614, 74-7901, 74-9201, 75-1253, 75-2720, 75-2935, 75-
6816		-	3339, 75-37,121, 75-3907, 75-3908, 75-3910, 76-463, 77-415, 79-201a,
6817		-	79-3221e, 79-3221h, 79-32,203, 79-5212, 82a-209, 82a-220, 82a-326,
6818		-	82a-903, 82a-1501, 82a-2001 and 82a-2204 and K.S.A. 2022 Supp. 19-
6819		-	2803b, 19-2803d, 19-2817, 19-2822, 19-2835, 19-2836, 19-2839, 19-
6820		-	2844, 19-2844a, 19-2855, 19-2868, 19-2873, 19-2894, 19-3543, 20-
6821		-	302b, 21-5810, 21-6308a, 21-6416, 22-2512, 32-701, 41-719, 49-408,
6822		-	58-3221, 58-3225, 74-5602, 77-421 and 79-3234 are hereby repealed.
6823		-	Sec. 152. This act shall take effect and be in force from and after
6824		-	its publication in the statute book.
6825		-	I hereby certify that the above BILL originated in the HOUSE, and passed
6826		-	that body
6827		-	Speaker of the House.
6828		-	Chief Clerk of the House.
6829		-
6830		-	Passed the SENATE ______________________________________________________________________________
6831		-	President of the Senate.
6832		-	Secretary of the Senate.
6833		-	APPROVED __________________________________________________________________________________________________
6834		-	Governor.
	13019	+	32-806, 32-807, 32-809, 32-810, 32-811, 32-812, 32-813, 32-814, 32-815,
	13020	+	32-816, 32-818, 32-832, 32-833, 32-834, 32-835, 32-836, 32-837, 32-839,
	13021	+	32-840, 32-844, 32-845, 32-846, 32-869, 32-873, 32-874, 32-874a, 32-
	13022	+	874b, 32-874c, 32-874d, 32-874e, 32-886, 32-887, 32-888, 32-906, 32-
	13023	+	918, 32-930, 32-932, 32-938, 32-960a, 32-966, 32-976, 32-996, 32-997,
	13024	+	32-998, 32-999, 32-9,100, 32-1001, 32-1004, 32-1005, 32-1031, 32-1032,
	13025	+	32-1040, 32-1041, 32-1049, 32-1049a, 32-1050, 32-1051, 32-1052, 32-
	13026	+	1053, 32-1054, 32-1062, 32-1063, 32-1064, 32-1066, 32-1074, 32-1075,
	13027	+	1
	13028	+	2
	13029	+	3
	13030	+	4
	13031	+	5
	13032	+	6
	13033	+	7
	13034	+	8
	13035	+	9
	13036	+	10
	13037	+	11
	13038	+	12
	13039	+	13
	13040	+	14
	13041	+	15
	13042	+	16
	13043	+	17
	13044	+	18
	13045	+	19
	13046	+	20
	13047	+	21
	13048	+	22
	13049	+	23
	13050	+	24
	13051	+	25
	13052	+	26
	13053	+	27
	13054	+	28
	13055	+	29
	13056	+	30
	13057	+	31
	13058	+	32
	13059	+	33
	13060	+	34
	13061	+	35
	13062	+	36
	13063	+	37
	13064	+	38
	13065	+	39
	13066	+	40
	13067	+	41
	13068	+	42
	13069	+	43 HB 2332 153
	13070	+	32-1077, 32-1102, 32-1112, 32-1129, 32-1174, 32-1203, 32-1306, 32-
	13071	+	1308, 32-1310, 32-1401, 32-1402, 32-1403, 32-1410, 32-1411, 32-1412,
	13072	+	32-1413, 32-1420, 32-1421, 32-1422, 32-1432, 32-1433, 32-1438, 47-
	13073	+	2101, 65-189e, 65-3424b, 65-5703, 68-406, 74-134, 74-5,133, 74-2622,
	13074	+	74-3322, 74-4722, 74-4911f, 74-5005, 74-6614, 74-7901, 74-9201, 75-
	13075	+	1253, 75-2720, 75-2935, 75-3339, 75-37,121, 75-3907, 75-3908, 75-3910,
	13076	+	76-463, 77-415, 79-201a, 79-3221e, 79-3221h, 79-32,203, 79-5212, 82a-
	13077	+	209, 82a-220, 82a-326, 82a-903, 82a-1501, 82a-2001 and 82a-2204 and
	13078	+	K.S.A. 2022 Supp. 19-2803b, 19-2803d, 19-2817, 19-2822, 19-2835, 19-
	13079	+	2836, 19-2839, 19-2844, 19-2844a, 19-2855, 19-2868, 19-2873, 19-2894,
	13080	+	19-3543, 20-302b, 21-5810, 21-6308a, 21-6416, 22-2512, 32-701, 41-719,
	13081	+	49-408, 58-3221, 58-3225, 74-5602, 77-421 and 79-3234 are hereby
	13082	+	repealed.
	13083	+	Sec. 152. This act shall take effect and be in force from and after its
	13084	+	publication in the statute book.
	13085	+	1
	13086	+	2
	13087	+	3
	13088	+	4
	13089	+	5
	13090	+	6
	13091	+	7
	13092	+	8
	13093	+	9
	13094	+	10
	13095	+	11
	13096	+	12
	13097	+	13
	13098	+	14
	13099	+	15