Kansas 2023-2024 Regular Session

Kansas House Bill HB2344 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Senate Substitute for HOUSE BILL No. 2344
2		-	AN ACT concerning the department of health and environment; relating to licensure of
3		-	child care facilities; day care homes and child care centers; establishing license
4		-	capacity and staff-to-child ratios; lowering license fees and training requirements;
5		-	creating a process for day care facility licensees to apply for a temporary waiver of
6		-	certain statutory requirements; authorizing the secretary to develop and operate pilot
7		-	programs to increase child care facility availability and capacity; amending K.S.A.
8		-	65-503, 65-505 and 65-508 and K.S.A. 2022 Supp. 48-3406 and repealing the
9		-	existing sections.
	1	+	Session of 2023
	2	+	HOUSE BILL No. 2344
	3	+	By Committee on Commerce, Labor and Economic Development
	4	+	2-7
	5	+	AN ACT concerning economic development; relating to tourism;
	6	+	expanding the membership of the council on travel and tourism and
	7	+	updating the house committee assignment required for house members;
	8	+	modifying the department of commerce's matching grant program for
	9	+	the promotion of tourism by reducing the required allocation of funds
	10	+	to public and nonprofit entities and removing the restriction on the
	11	+	percentage of funds granted to a single entity; replacing related
	12	+	references to wildlife, parks and tourism with references to the
	13	+	secretary or the department of commerce; amending K.S.A. 32-1410
	14	+	and 32-1420 and repealing the existing sections.
10	15		Be it enacted by the Legislature of the State of Kansas:
11		-	New Section 1. (a) Child care center staff shall meet the training
12		-	requirements for the license capacity of the child care center as set forth
13		-	in this section.
14		-	(b) A program director shall be 18 years of age or older and shall
15		-	meet the training requirements for the license capacity of the child care
16		-	center, as determined by the secretary, but such requirements shall not
17		-	require more teaching experience or college credit than provided in this
18		-	section. A child care center shall have a program director on the
19		-	premises with training requirements that meet one of the following
20		-	options:
21		-	(1) If a child care center is licensed for fewer than 18 children:
22		-	(A) Three months of experience teaching in a licensed child care
23		-	facility or preschool or working with children in a related field;
24		-	(B) five sessions of observation for at least 2.5 consecutive hours
25		-	per observation in a licensed day care facility and 10 clock hours of
26		-	workshops approved by the state licensing staff;
27		-	(C) earned at least three credit hours of academic credit from a
28		-	postsecondary educational institution or equivalent training in
29		-	childhood development, early childhood education or curriculum
30		-	resources and supervised observation in high school or college and
31		-	three months of experience caring for children in a child care facility or
32		-	preschool or working with children in a related field; or
33		-	(D) a child development associate credential.
34		-	(2) If a child care center is licensed for at least 18 but fewer than
35		-	36 children:
36		-	(A) Five sessions of observation for at least 2.5 consecutive hours
37		-	per observation in a licensed day care facility and six months of
38		-	experience teaching or supervised practicum in a licensed child care
39		-	facility or preschool or a related field;
40		-	(B) (i) Six credit hours from a postsecondary educational
41		-	institution or equivalent training in childhood development, early
42		-	childhood education or curriculum resources; and
43		-	(ii) three months of experience teaching in a licensed child care
44		-	facility or preschool or working with children in a related field or one
45		-	year of supervised practicum in a licensed child care facility; or
46		-	(C) a child development associate credential.
47		-	(3) If a child care center is licensed for 36 or more children:
48		-	(A) Six credit hours from a postsecondary educational institution
49		-	or equivalent training in child development, early childhood education,
50		-	curriculum resources, nutrition, child guidance, parent education,
51		-	supervised practicum or administration of early childhood programs
52		-	and six months of experience teaching in a licensed child care facility
53		-	or preschool or working with children in a related field;
54		-	(B) (i) A child development associate credential, an associate of
55		-	arts degree or a two-year certificate in child development; and
56		-	(ii) nine months of teaching experience or supervised practicum in
57		-	a licensed child care facility or preschool or working with children in a
58		-	related field;
59		-	(C) a bachelor of arts or a bachelor of science degree in child
60		-	development or early childhood education, including a supervised
61		-	practicum, and three months of teaching experience in a licensed child
62		-	care facility or preschool or working with children in a related field; or
63		-	(D) a bachelor of arts or a bachelor of science degree in a related
64		-	academic discipline and 12 hours of academic study or equivalent
65		-	training in child development, early childhood education, curriculum
66		-	resources, nutrition, child guidance, parent education, supervised Senate Substitute for HOUSE BILL No. 2344—page 2
67		-	practicum or administration of early childhood programs, and six
68		-	months of experience teaching in a licensed child care facility or
69		-	preschool or working with children in a related field.
70		-	(4) The secretary shall not require a program director of a child
71		-	care center to have training requirements that are more restrictive than
72		-	the options in this section.
73		-	(c) (1) Each individual designated as a lead teacher shall be 18
74		-	years of age or older and possess either a high school diploma or
75		-	equivalent education and meet one of following qualifications:
76		-	(A) Three months of experience caring for children in a licensed
77		-	child care facility or preschool or working with children in a related
78		-	field;
79		-	(B) 30 days of teaching experience in a licensed child care facility,
80		-	preschool or a related field;
81		-	(C) five sessions of observation for at least 2.5 consecutive hours
82		-	per observation in a licensed day care facility and 10 clock hours of
83		-	workshops approved by the state licensing staff; or
84		-	(D) at least three credit hours of academic credit or equivalent
85		-	training in childhood development, early childhood education or
86		-	curriculum resources and supervised observation in high school or
87		-	college.
88		-	(2) Each individual designated as an assistant teacher shall be 18
89		-	years of age or older and complete staff orientation at the time of
90		-	employment.
91		-	(d) (1) A unit with at least one infant shall have at least one staff
92		-	member present who is designated as lead teacher.
93		-	(2) A unit where all children are at least 12 months old shall have
94		-	at least one staff member present who is designated as lead teacher or
95		-	assistant teacher.
96		-	(3) All staff members shall be at least three years older than the
97		-	oldest child in the unit where such staff member is caring for children.
98		-	(e) (1) For each licensure year beginning after July 1, 2023, each
99		-	program director, administrator, lead teacher or assistant teacher and
100		-	any other staff member who provides care to children in a child care
101		-	center shall complete professional development training in an amount
102		-	determined by the secretary not to exceed 12 clock hours per licensure
103		-	year.
104		-	(2) Such training shall consist of a minimum of eight hours of
105		-	training as specified by the secretary.
106		-	(3) As part of the professional development training required
107		-	under this subsection, an individual who provides care to children in a
108		-	child care center shall submit proof of completion of up to four hours
109		-	of such outside training in child care or any related subject to the
110		-	secretary, who shall retain records of such individual's compliance with
111		-	this requirement.
112		-	(f) As used in this section:
113		-	(1) "Related field" includes, but is not limited to, early childhood
114		-	education, elementary education, special education, speech pathology,
115		-	occupational therapy, social work or family science and human
116		-	development; and
117		-	(2) "secretary" means the secretary of health and environment.
118		-	(g) This section shall be a part of and supplemental to article 5 of
119		-	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
120		-	New Sec. 2. (a) (1) A child care home with one provider shall have
121		-	a license capacity of 12 if the children enrolled in such child care home
122		-	are all at least 2.5 years but under 10 years of age.
123		-	(2) If paragraph (1) does not apply, the license capacity for a child
124		-	care home with one provider shall be as follows:
125		-	Children under 12 Children at least 12 Children at least License
126		-	months of age months but under 5 years but undercapacity
127		-	5 years of age10 years of age
128		-	0 8 4 12
129		-	1 7 4 12
130		-	2 4 4 10 Senate Substitute for HOUSE BILL No. 2344—page 3
131		-	3 3 3 9
132		-	4 2 2 8
133		-	(b) (1) A child care home with two providers shall have a license
134		-	capacity of 17 if the children enrolled in such child care home are all at
135		-	least 2.5 years but under 10 years of age.
136		-	(2) If paragraph (1) does not apply, the license capacity for a child
137		-	care home with two providers shall be as follows:
138		-	Children under 12Children at least 12 Children at least License
139		-	months of agemonths but under 5 years but undercapacity
140		-	5 years of age 10 years of age
141		-	0 12 5 17
142		-	1 11 5 17
143		-	2 10 4 16
144		-	3 9 4 16
145		-	4 8 3 15
146		-	(3) If the number of children present exceeds the maximum
147		-	number allowed for one provider, a second provider shall be present.
148		-	(c) (1) Children five years of age and older may be substituted for
149		-	younger children in the license capacity in subsections (a) and (b).
150		-	(2) Two or fewer children who are 2.5 years of age or older and
151		-	are not counted toward the license capacity in subsections (a) and (b)
152		-	may be present on the premises between 11:00 a.m. and 1:00 p.m. for
153		-	the noon meal.
154		-	(3) Two or fewer children who are at least five years of age but
155		-	under 10 years of age and are not counted toward the license capacity
156		-	in subsections (a) and (b) may be present as follows:
157		-	(A) During the academic school year before and after school, in-
158		-	service days, school holidays, scheduled or emergency closures and
159		-	school breaks not to exceed two consecutive weeks; and
160		-	(B) during the two consecutive weeks before the opening of the
161		-	academic school year in August or September and following the end of
162		-	the academic school year in May or June.
163		-	(4) Two or fewer children 10 years of age or older, unrelated to the
164		-	applicant or licensee, may be present for two hours or less per day
165		-	during child care hours if the additional children are:
166		-	(A) Not on the premises for the purpose of receiving child care in
167		-	the facility;
168		-	(B) visiting the applicant's or the licensee's own child or children;
169		-	or
170		-	(C) supervised by a provider if they have access to the children in
171		-	care.
172		-	(d) (1) For each licensure year beginning after July 1, 2023, each
173		-	person who provides care to children in a child care home shall
174		-	complete professional development training in an amount determined
175		-	by the secretary not to exceed 12 clock hours per licensure year.
176		-	(2) Such training shall consist of a minimum of eight hours of
177		-	training specified by the secretary.
178		-	(3) As part of the professional development training required
179		-	under this subsection:
180		-	(A) Each person who provides care to children in a child care
181		-	home shall submit proof of completion of up to four hours of such
182		-	outside training in child care or any related subject to the secretary, who
183		-	shall retain records of such person's compliance with this requirement;
184		-	and
185		-	(B) A person who maintains a child care home with one provider,
186		-	if such provider provides care for four infants at once at any time
187		-	during the licensure year, shall submit proof of completion of at least
188		-	three hours of such professional development training in an infant-
189		-	specific subject to the secretary, who shall retain records of such
190		-	person's compliance with this requirement.
191		-	(e) (1) The secretary shall not adopt or implement any limitation
192		-	on the maximum number of children for which a child care home may
193		-	be licensed that is more restrictive than this section.
194		-	(2) No city or county shall adopt any ordinance, resolution or Senate Substitute for HOUSE BILL No. 2344—page 4
195		-	regulation restricting the maximum number of children for which a
196		-	child care home may be licensed that is more restrictive than this
197		-	section.
198		-	(f) As used in this section, "secretary" means the secretary of
199		-	health and environment.
200		-	(g) This section shall be a part of and supplemental to article 5 of
201		-	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
202		-	New Sec. 3. (a) The ratio of staff members to children in a child
203		-	care center shall be determined by the ages of the children and the type
204		-	of care provided.
205		-	(1) The minimum staff-to-child ratio and the maximum number of
206		-	children per unit shall be the following:
207		-	Age of children Minimum staff-to-child Maximum number
208		-	ratio of children
209		-	per unit
210		-	Infants 1 to 4 12
211		-	Infants and other 1 to 6 12
212		-	children under six (including 3 or (including 6 or
213		-	fewer infants) fewer infants)
214		-	Toddlers 1 to 6 12
215		-	Children at least two 8 16
216		-	but under three
217		-	years of age
218		-	Children at least12 24
219		-	2.5 years of age but
220		-	under school age
221		-	Children at least 3 years15 30
222		-	of age but under
223		-	school age
224		-	Kindergarten enrollees20 40
225		-	School age 20 40
226		-	(2) No child shall be left unsupervised.
227		-	(b) (1) The secretary shall not adopt or implement any limitation
228		-	on staff-to-child ratios or children per unit in a child care center that is
229		-	more restrictive than this section.
230		-	(2) No city or county shall adopt any ordinance, resolution or
231		-	regulation restricting the staff-to-child ratios and children per unit in a
232		-	child care center that is more restrictive than this section.
233		-	(c) This section shall be a part of and supplemental to article 5 of
234		-	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
235		-	New Sec. 4. (a) Each child care center shall have a program
236		-	director who is employed full time.
237		-	(b) Each child care center that is licensed for more than 75
238		-	children shall have an administrator, who may also be the program
239		-	director.
240		-	(c) The program director or administrator may, as needed, perform
241		-	the duties of a lead teacher or assistant teacher for up to half of the
242		-	program director's or administrator's total hours worked during each
243		-	calendar month.
244		-	New Sec. 5. (a) A child care center shall meet the legal
245		-	requirements of the state fire marshal and the local jurisdiction where
246		-	the child care center is located for fire protection, water supply and
247		-	sewage disposal.
248		-	(b) (1) The designated area for children's activities shall contain a
249		-	minimum of 28 square feet of floor space per child, excluding kitchens,
250		-	passageways, storage areas and bathrooms.
251		-	(2) There shall be a minimum of 60 square feet of outdoor play
252		-	space on the premises for each child using the space at a given time.
253		-	(c) This section shall be a part of and supplemental to article 5 of
254		-	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
255		-	New Sec. 6. (a) The secretary of health and environment shall not
256		-	require as a condition of licensure for a child care home that the
257		-	licensee live in the child care home.
258		-	(b) This section shall be a part of and supplemental to article 5 of Senate Substitute for HOUSE BILL No. 2344—page 5
259		-	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
260		-	New Sec. 7. (a) Notwithstanding the provisions of any other law
261		-	to the contrary, a person granted licensure to maintain a day care
262		-	facility may request from the secretary a waiver from the requirements
263		-	of this act for a set period of time. Waiver requests shall be made in a
264		-	form and manner approved by the secretary of health and environment
265		-	and shall contain the provisions of the statute sought to be waived and
266		-	the reasons therefor.
267		-	(b) This section shall be a part of and supplemental to article 5 of
268		-	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
269		-	New Sec. 8. (a) (1) Notwithstanding the provisions of any other
270		-	law to the contrary, the secretary of health and environment may
271		-	develop and operate pilot programs designed to increase the availability
272		-	or capacity of child care facilities in the state.
273		-	(2) The secretary may grant licensure to a person to maintain a
274		-	day care facility or drop-in program in a pilot program under this
275		-	section that waives the requirements of this act or rules and regulations
276		-	related to licensure and operation of a day care facility or drop-in
277		-	program, including requirements for staff at such day care facility or
278		-	drop-in program. A day care facility or drop-in program granted a
279		-	license under this section shall comply with any alternative terms,
280		-	conditions and requirements set by secretary as may be necessary to
281		-	protect the health, safety and welfare of any children that attend such
282		-	day care facility or drop-in program.
283		-	(3) The secretary shall not grant a license under this section if the
284		-	secretary determines that a day care facility or drop-in program or staff
285		-	of such facility or program would endanger the health, safety and
286		-	welfare of any child.
287		-	(b) The secretary may grant licensure to a person to maintain a
288		-	day care facility or drop-in program under this section for up to five
289		-	licensure years, except that the secretary may grant an additional two
290		-	years of licensure to any facility or program that participated in a pilot
291		-	program pursuant to subsection (c) during the adoption of such rules
292		-	and regulations.
293		-	(c) If the secretary determines that a pilot program has been
294		-	successful and will increase the availability or capacity of child care
295		-	facilities in the state, the secretary shall:
296		-	(1) Make suggestions and recommendations to the legislature for
297		-	statutory changes relating to day care facilities or drop-in programs;
298		-	and
299		-	(2) adopt any rules and regulations consistent with the findings
300		-	from such pilot program, including additional licensure categories and
301		-	requirements therefor.
302		-	(d) On or before the first day of each regular session of the
303		-	legislature, the secretary shall prepare and submit a report to the
304		-	legislature regarding any pilot program. Such report shall include, but
305		-	not be limited to, the number of participating day care facilities or drop-
306		-	in programs and number of children attending such facilities or
307		-	programs, provisions of statutes and regulations waived by the
308		-	secretary, recommendations for changes to this act and a summary of
309		-	findings from the pilot program based on available information.
310		-	(e) As used in this section, "secretary" means the secretary of
311		-	health and environment.
312		-	(f) This section shall be a part of and supplemental to article 5 of
313		-	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
314		-	Sec. 9. K.S.A. 2022 Supp. 48-3406 is hereby amended to read as
315		-	follows: 48-3406. (a) For the purposes of this section:
316		-	(1) "Applicant" means an individual who is a military spouse,
317		-	military servicemember or an individual who has established or intends
318		-	to establish residency in this state. "Applicant" with respect to law
319		-	enforcement certification by the Kansas commission on peace officers'
320		-	standards and training means an applicant who has met the employment
321		-	requirement pursuant to K.S.A. 74-5605(a), and amendments thereto.
322		-	(2) "Complete application" means the licensing body has received Senate Substitute for HOUSE BILL No. 2344—page 6
323		-	all forms, fees, documentation, a signed affidavit stating that the
324		-	application information, including necessary prior employment history,
325		-	is true and accurate and any other information required or requested by
326		-	the licensing body for the purpose of evaluating the application,
327		-	consistent with this section and the rules and regulations adopted by the
328		-	licensing body pursuant to this section. If the licensing body has
329		-	received all such forms, fees, documentation and any other information
330		-	required or requested by the licensing body, an application shall be
331		-	deemed to be a complete application even if the licensing body has not
332		-	yet received a criminal background report from the Kansas bureau of
333		-	investigation.
334		-	(3) "Licensing body" means an official, agency, board or other
335		-	entity of the state which authorizes individuals to practice a profession
336		-	in this state and issues a license, registration, certificate, permit or other
337		-	authorization to an individual so authorized.
338		-	(4) "Military servicemember" means a current member of any
339		-	branch of the United States armed services, United States military
340		-	reserves or national guard of any state or a former member with an
341		-	honorable discharge.
342		-	(5) "Military spouse" means the spouse of a military
343		-	servicemember.
344		-	(6) "Private certification" means a voluntary program in which a
345		-	private organization grants nontransferable recognition to an individual
346		-	who meets personal qualifications and standards relevant to performing
347		-	the occupation as determined by the private organization.
348		-	(7) "Scope of practice" means the procedures, actions, processes
349		-	and work that a person may perform under a government issued
350		-	license, registration or certification.
351		-	(b) Notwithstanding any other provision of law, any a licensing
352		-	body shall, upon submission of a complete application, issue a license,
353		-	registration or certification to an applicant as provided by this section,
354		-	so that the applicant may lawfully practice the person's occupation.
355		-	(c) An applicant who holds a valid current license, registration or
356		-	certification in another state, district or territory of the United States
357		-	shall receive a license, registration or certification:
358		-	(1) If the applicant qualifies under the applicable Kansas
359		-	licensure, registration or certification by endorsement, reinstatement or
360		-	reciprocity statutes, then pursuant to applicable licensure, registration
361		-	or certification by endorsement, reinstatement or reciprocity statutes of
362		-	the licensing body of this state for the license, registration or
363		-	certification within 15 days from the date a complete application was
364		-	submitted if the applicant is a military servicemember or military
365		-	spouse or within 45 days from the date a complete application was
366		-	submitted for all other applicants; or
367		-	(2) if the applicant does not qualify under the applicable licensure,
368		-	registration or certification by endorsement, reinstatement or
369		-	reciprocity statutes of the licensing body of this state, or if the Kansas
370		-	professional practice act does not have licensure, registration or
371		-	certification by endorsement, reinstatement or reciprocity statutes, then
372		-	the applicant shall receive a license, registration or certification as
373		-	provided herein if, at the time of application, the applicant:
374		-	(A) Holds a valid current license, registration or certification in
375		-	another state, district or territory of the United States with licensure,
376		-	registration or certification requirements that the licensing body
377		-	determines authorize a similar scope of practice as those established by
378		-	the licensing body of this state, or holds a certification issued by
379		-	another state for practicing the occupation but this state requires an
380		-	occupational license, and the licensing body of this state determines
381		-	that the certification requirements certify a similar scope of practice as
382		-	the licensing requirements established by the licensing body of this
383		-	state;
384		-	(B) has worked for at least one year in the occupation for which
385		-	the license, certification or registration is sought;
386		-	(C) has not committed an act in any jurisdiction that would have Senate Substitute for HOUSE BILL No. 2344—page 7
387		-	constituted grounds for the limitation, suspension or revocation of the
388		-	license, certificate or registration, or that the applicant has never been
389		-	censured or had other disciplinary action taken or had an application for
390		-	licensure, registration or certification denied or refused to practice an
391		-	occupation for which the applicant seeks licensure, registration or
392		-	certification;
393		-	(D) has not been disciplined by a licensing, registering, certifying
394		-	or other credentialing entity in another jurisdiction and is not the
395		-	subject of an unresolved complaint, review procedure or disciplinary
396		-	proceeding conducted by a licensing, registering, certifying or other
397		-	credentialing entity in another jurisdiction nor has surrendered their
398		-	membership on any professional staff in any professional association or
399		-	society or faculty for another state or jurisdiction while under
400		-	investigation or to avoid adverse action for acts or conduct similar to
401		-	acts or conduct that would constitute grounds for disciplinary action in
402		-	a Kansas practice act;
403		-	(E) does not have a disqualifying criminal record as determined by
404		-	the licensing body of this state under Kansas law;
405		-	(F) provides proof of solvency, financial standing, bonding or
406		-	insurance if required by the licensing body of this state, but only to the
407		-	same extent as required of any applicant with similar credentials or
408		-	experience;
409		-	(G) pays any fees required by the licensing body of this state; and
410		-	(H) submits with the application a signed affidavit stating that the
411		-	application information, including necessary prior employment history,
412		-	is true and accurate.
413		-	Upon receiving a complete application and the provisions of
414		-	subsection (c)(2) apply and have been met by the applicant, the
415		-	licensing body shall issue the license, registration or certification within
416		-	15 days from the date a complete application was submitted by a
417		-	military servicemember or military spouse, or within 45 days from the
418		-	date a complete application was submitted by an applicant who is not a
419		-	military servicemember or military spouse, to the applicant on a
420		-	probationary basis, but may revoke the license, registration or
421		-	certification at any time if the information provided in the application is
422		-	found to be false. The probationary period shall not exceed six months.
423		-	Upon completion of the probationary period, the license, certification
424		-	or registration shall become a non-probationary license, certification or
425		-	registration.
426		-	(d) Any applicant who has not been in the active practice of the
427		-	occupation during the two years preceding the application for which the
428		-	applicant seeks a license, registration or certification under subsection
429		-	(c)(2) may be required to complete such additional testing, training,
430		-	monitoring or continuing education as the Kansas licensing body may
431		-	deem necessary to establish the applicant's present ability to practice in
432		-	a manner that protects the health and safety of the public, as provided
433		-	by subsection (j).
434		-	(e) Upon submission of a complete application, an applicant may
435		-	receive an occupational license, registration or certification based on
436		-	the applicant's work experience in another state, if the applicant:
437		-	(1) Worked in a state that does not use an occupational license,
438		-	registration, certification or private certification to regulate an
439		-	occupation, but this state uses an occupational license, registration or
440		-	certification to regulate the occupation;
441		-	(2) worked for at least three years in the occupation during the
442		-	four years immediately preceding the application; and
443		-	(3) satisfies the requirements of subsection (c)(2)(C) through (H).
444		-	(f) Upon submission of a complete application, an applicant may
445		-	receive an occupational license, registration or certification under
446		-	subsection (b) based on the applicant's holding of a private certification
447		-	and work experience in another state, if the applicant:
448		-	(1) Holds a private certification and worked in a state that does not
449		-	use an occupational license or government certification to regulate an
450		-	occupation, but this state uses an occupational license or government Senate Substitute for HOUSE BILL No. 2344—page 8
451		-	certification to regulate the occupation;
452		-	(2) worked for at least two years in the occupation;
453		-	(3) holds a current and valid private certification in the
454		-	occupation;
455		-	(4) is held in good standing by the organization that issued the
456		-	private certification; and
457		-	(5) satisfies the requirements of subsection (c)(2)(C) through (H).
458		-	(g) An applicant licensed, registered or certified under this section
459		-	shall be entitled to the same rights and subject to the same obligations
460		-	as are provided by the licensing body for Kansas residents, except that
461		-	revocation or suspension of an applicant's license, registration or
462		-	certificate in the applicant's state of residence or any jurisdiction in
463		-	which the applicant held a license, registration or certificate shall
464		-	automatically cause the same revocation or suspension of such
465		-	applicant's license, registration or certificate in Kansas. No hearing
466		-	shall be granted to an applicant where such applicant's license,
467		-	registration or certificate is subject to such automatic revocation or
468		-	suspension, except for the purpose of establishing the fact of revocation
469		-	or suspension of the applicant's license, registration or certificate by the
470		-	applicant's state of residence or jurisdiction in which the applicant held
471		-	a license, registration or certificate.
472		-	(h) In the event the licensing body determines that the license,
473		-	registration or certificate currently held by an applicant under
474		-	subsection (c)(2) or the work experience or private credential held by
475		-	an applicant under subsections (e) or (f), who is a military spouse or
476		-	military servicemember does not authorize a similar scope of practice
477		-	as the license, registration or certification issued by the licensing body
478		-	of this state, the licensing body shall issue a temporary permit for a
479		-	limited period of time to allow the applicant to lawfully practice the
480		-	applicant's occupation while completing any specific requirements that
481		-	are required in this state for licensure, registration or certification that
482		-	were not required in the state, district or territory of the United States in
483		-	which the applicant was licensed, registered, certified or otherwise
484		-	credentialed, unless the licensing body finds, based on specific
485		-	grounds, that issuing a temporary permit would jeopardize the health
486		-	and safety of the public.
487		-	(i) In the event the licensing body determines that the license,
488		-	registration or certification currently held by an applicant under
489		-	subsection (c)(2) or the work experience or private credential held by
490		-	an applicant under subsections (e) or (f), who is not a military spouse or
491		-	military servicemember, does not authorize a similar scope of practice
492		-	as the license, registration or certification issued by the licensing body
493		-	of this state, the licensing body may issue a temporary permit for a
494		-	limited period of time to allow the applicant to lawfully practice the
495		-	applicant's occupation while completing any specific requirements that
496		-	are required in this state for licensure, registration or certification that
497		-	was not required in the state, district or territory of the United States in
498		-	which the applicant was licensed, registered, certified or otherwise
499		-	credentialed, unless the licensing body finds, based on specific
500		-	grounds, that issuing a temporary permit would jeopardize the health
501		-	and safety of the public.
502		-	(j) Any testing, continuing education or training requirements
503		-	administered under subsection (d), (h) or (i) shall be limited to Kansas
504		-	law that regulates the occupation and that are materially different from
505		-	or additional to the law of another state, or shall be limited to any
506		-	materially different or additional body of knowledge or skill required
507		-	for the occupational license, registration or certification in Kansas.
508		-	(k) A licensing body may grant licensure, registration, certification
509		-	or a temporary permit to any person who meets the requirements under
510		-	this section but was separated from such military service under less
511		-	than honorable conditions or with a general discharge under honorable
512		-	conditions.
513		-	(l) Nothing in this section shall be construed to apply in conflict
514		-	with or in a manner inconsistent with federal law or a multistate Senate Substitute for HOUSE BILL No. 2344—page 9
515		-	compact, or a rule or regulation or a reciprocal or other applicable
516		-	statutory provision that would allow an applicant to receive a license.
517		-	Nothing in this section shall be construed as prohibiting a licensing
518		-	body from denying any application for licensure, registration or
519		-	certification, or declining to grant a temporary or probationary license,
520		-	if the licensing body determines that granting the application may
521		-	jeopardize the health and safety of the public.
522		-	(m) Nothing in this section shall be construed to be in conflict
523		-	with any applicable Kansas statute defining the scope of practice of an
524		-	occupation. The scope of practice as provided by Kansas law shall
525		-	apply to applicants under this section.
526		-	(n) Notwithstanding any other provision of law, during a state of
527		-	emergency declared by the legislature, a licensing body may grant a
528		-	temporary emergency license to practice any profession licensed,
529		-	certified, registered or regulated by the licensing body to an applicant
530		-	whose qualifications the licensing body determines to be sufficient to
531		-	protect health and safety of the public and may prohibit any unlicensed
532		-	person from practicing any profession licensed, certified, registered or
533		-	regulated by the licensing body.
534		-	(o) Licensing bodies may provide electronic credentials to persons
535		-	regulated by the licensing body. For purposes of this subsection,
536		-	"electronic credential" means an electronic method by which a person
537		-	may display or transmit to another person information that verifies a
538		-	person's certification, licensure, registration or permit. A licensing body
539		-	may prescribe the format or requirements of the electronic credential to
540		-	be used by the licensing body. Any statutory or regulatory requirement
541		-	to display, post or produce a credential issued by a licensing body may
542		-	be satisfied by the proffer of an electronic credential authorized by the
543		-	licensing body. A licensing body may use a third-party electronic
544		-	credential system that is not maintained by the licensing body. Such
545		-	electronic credential system shall include a verification system that is
546		-	operated by the licensing body or its agent on behalf of the licensing
547		-	body for the purpose of verifying the authenticity and validity of
548		-	electronic credentials issued by the licensing body.
549		-	(p) Each licensing body shall adopt rules and regulations
550		-	necessary to implement and carry out the provisions of this section.
551		-	(q) This section shall not apply to the practice of law or the
552		-	regulation of attorneys pursuant to K.S.A. 7-103, and amendments
553		-	thereto.
554		-	(r) The state board of healing arts and the state board of technical
555		-	professions, with respect to an applicant who is seeking a license to
556		-	practice professional engineering or engage in the practice of
557		-	engineering, as defined in K.S.A. 74-7003, and amendments thereto,
558		-	may deny an application for licensure, registration or certification, or
559		-	decline to grant a temporary or probationary license, if the board
560		-	determines the applicant's qualifications are not substantially equivalent
561		-	to those established by the board. Such boards shall not otherwise be
562		-	exempt from the provisions of this act.
563		-	(s) This section shall apply to all licensing bodies not excluded
564		-	under subsection (q), including, but not limited to:
565		-	(1) The abstracters' board of examiners;
566		-	(2) the board of accountancy;
567		-	(3) the board of adult care home administrators;
568		-	(4) the secretary for aging and disability services, with respect to
569		-	K.S.A. 65-5901 et seq. and K.S.A. 65-6503 et seq., and amendments
570		-	thereto;
571		-	(5) the Kansas board of barbering;
572		-	(6) the behavioral sciences regulatory board;
573		-	(7) the Kansas state board of cosmetology;
574		-	(8) the Kansas dental board;
575		-	(9) the state board of education;
576		-	(10) the Kansas board of examiners in fitting and dispensing of
577		-	hearing instruments;
578		-	(11) the board of examiners in optometry; Senate Substitute for HOUSE BILL No. 2344—page 10
579		-	(12) the state board of healing arts, as provided by subsection (r);
580		-	(13) the secretary of health and environment, including with
581		-	respect to K.S.A. 82a-1201 et seq., and amendments thereto;
582		-	(14) the commissioner of insurance, with respect to K.S.A. 40-241
583		-	and 40-4901 et seq., and amendments thereto;
584		-	(15) the state board of mortuary arts;
585		-	(16) the board of nursing;
586		-	(17) the state board of pharmacy;
587		-	(18) the Kansas real estate commission;
588		-	(19) the real estate appraisal board;
589		-	(20) the state board of technical professions, as provided by
590		-	subsection (r); and
591		-	(21) the state board of veterinary examiners.
592		-	(t) All proceedings pursuant to this section shall be conducted in
593		-	accordance with the provisions of the Kansas administrative procedure
594		-	act and shall be reviewable in accordance with the Kansas judicial
595		-	review act.
596		-	(u) (1) Commencing on July 1, 2021, and each year thereafter,
597		-	Each licensing body listed in subsection (s)(1) through (21) shall
598		-	provide a report for the period of July 1 through June 30 to the director
599		-	of legislative research by August 31 of each year, providing
600		-	information requested by the director of legislative research to fulfill
601		-	the requirements of this subsection. The director of legislative research
602		-	shall develop the report format, prepare an analysis of the reports and
603		-	submit and present the analysis to the office of the governor, the house
604		-	of representatives standing committee on commerce, labor and
605		-	economic development of the house of representatives or any
606		-	successor committee thereof, the senate standing committee on
607		-	commerce of the senate or any successor committee thereof, the house
608		-	of representatives standing committee on appropriations of the house of
609		-	representatives and the or any successor committee thereof on and the
610		-	senate standing committee on ways and means of the senate or any
611		-	successor committee thereof, by January 15 of the succeeding year. The
612		-	director's report may provide any analysis the director deems useful and
613		-	shall provide the following items, detailed by applicant type, including
614		-	military servicemember, military spouse and non-military individual:
615		-	(1)(A) The number of applications received under the provisions
616		-	of this section;
617		-	(2)(B) the number of applications granted under this section;
618		-	(3)(C) the number of applications denied under this section;
619		-	(4)(D) the average time between receipt of the application and
620		-	completion of the application;
621		-	(5)(E) the average time between receipt of a complete application
622		-	and issuance of a license, certification or registration; and
623		-	(6)(F) identification of applications submitted under this section
624		-	where the issuance of credentials or another determination by the
625		-	licensing body was not made within the time limitations pursuant to
626		-	this section and the reasons for the failure to meet such time limitations.
627		-	(2) All information shall be provided by the licensing body to the
628		-	director of legislative research in a manner that maintains the
629		-	confidentiality of all applicants and in aggregate form that does not
630		-	permit identification of individual applicants.
631		-	Sec. 10. K.S.A. 65-503 is hereby amended to read as follows: 65-
632		-	503. As used in this act:
633		-	(a) "Child placement agency" means a business or service
634		-	conducted, maintained or operated by a person engaged in finding
635		-	homes for children by placing or arranging for the placement of such
636		-	children for adoption or foster care "Assistant teacher" means an
637		-	individual who meets the requirements of section 1(c), and amendments
638		-	thereto, and can independently staff a unit in a child care center where
639		-	all children are at least 12 months old.
640		-	(b) "Child care resource and referral agency" means a business or
641		-	service conducted, maintained or operated by a person engaged in
642		-	providing resource and referral services, including information of Senate Substitute for HOUSE BILL No. 2344—page 11
643		-	specific services provided by child care facilities, to assist parents to
644		-	find child care "Boarding school" means a facility that provides 24-
645		-	hour care to school-age children, provides education as its primary
646		-	function and is accredited by an accrediting agency acceptable to the
647		-	secretary of health and environment.
648		-	(c) "Child care center" means a facility that meets child care
649		-	center regulations and provides care and educational activities for
650		-	children who are two weeks to 10 years of age for at least three hours
651		-	but less than 24 hours per day or care before and after school for
652		-	school-age children.
653		-	(d) "Child care facility" means:
654		-	(1) A facility maintained by a person who has control or custody
655		-	of one or more children under 16 years of age, unattended by parent or
656		-	guardian, for the purpose of providing the children with food or
657		-	lodging, or both, except excluding children in the custody of the
658		-	secretary for children and families who are placed with a prospective
659		-	adoptive family pursuant to the provisions of an adoptive placement
660		-	agreement or who are related to the person by blood, marriage or legal
661		-	adoption;
662		-	(2) a children's home, orphanage, maternity home, day care
663		-	facility or other facility of a type determined by that the secretary to
664		-	require determines to require regulation under the provisions of this
665		-	act;
666		-	(3) a child placement agency or child care resource and referral
667		-	agency, or a facility maintained by such an agency for the purpose of
668		-	caring for children under 16 years of age; or
669		-	(4) any receiving or detention home for children under 16 years of
670		-	age provided or maintained by, or receiving aid from, any city or
671		-	county or the state.
672		-	(d)(e) "Child care home" means the premises where care is
673		-	provided for a maximum of 12 children under 10 years of age by one
674		-	provider or a maximum number of 17 children under 10 years of age
675		-	by two or more providers, with a limited number of children under five
676		-	years of age in accordance with section 2, and amendments thereto.
677		-	(f) "Child care resource and referral agency" means a business or
678		-	service conducted, maintained or operated by a person engaged in
679		-	providing resource and referral services, including information of
680		-	specific services provided by child care facilities, to assist parents to
681		-	find child care.
682		-	(g) "Child placement agency" means a business or service
683		-	conducted, maintained or operated by a person engaged in finding
684		-	homes for children by placing or arranging for the placement of such
685		-	children for adoption or foster care.
686		-	(h) "Day care facility" means a child care facility that includes a
687		-	day child care home, preschool, child care center, school-age program
688		-	or other facility of a type determined by the secretary to require
689		-	regulation under the provisions of K.S.A. 65-501 et seq., and
690		-	amendments thereto. "Day care facility" does not include a drop-in
691		-	program.
692		-	(e)(i) "Drop-in program" means the same as defined in K.S.A. 65-
693		-	527, and amendments thereto.
694		-	(j) "Infant" means a child who is between two weeks and 12
695		-	months of age or a child older than 12 months of age who has not
696		-	learned to walk.
697		-	(k) "Lead teacher" means an individual who meets the
698		-	requirements of section 1(c), and amendments thereto, and can
699		-	independently staff any unit in a child care center.
700		-	(l) "Licensure year" means the period of time beginning on the
701		-	effective date and ending on the expiration date of a license.
702		-	(m) "Maternity center" means a facility that provides delivery
703		-	services for normal, uncomplicated pregnancies. "Maternity center"
704		-	does not include a medical care facility as defined in K.S.A. 65-425,
705		-	and amendments thereto.
706		-	(n) "Person" means any individual, association, partnership, Senate Substitute for HOUSE BILL No. 2344—page 12
707		-	corporation, government, governmental subdivision or other entity.
708		-	(f) "Boarding school" means a facility which provides 24-hour
709		-	care to school age children, provides education as its primary function,
710		-	and is accredited by an accrediting agency acceptable to the secretary
711		-	of health and environment.
712		-	(g) "Maternity center" means a facility which provides delivery
713		-	services for normal, uncomplicated pregnancies but does not include a
714		-	medical care facility as defined by K.S.A. 65-425, and amendments
715		-	thereto.
716		-	(o) "Program director" means the staff member of a child care
717		-	center who meets the requirements of section 1(b), and amendments
718		-	thereto, and who is responsible for implementing and supervising the
719		-	comprehensive and coordinated plan of activities that provide for the
720		-	education, care, protection and development of children who attend a
721		-	child care center.
722		-	(p) "School-age" means a child who will be at least six years of
723		-	age on or before the first day of September of any school year but is
724		-	under 16 years of age.
725		-	(q) "This act" means article 5 of chapter 65 of the Kansas Statutes
726		-	Annotated, and amendments thereto.
727		-	(r) "Toddler" means a child who has learned to walk and is at
728		-	least 12 but less than 30 months of age.
729		-	(s) "Unit" means the number of children that may be present in
730		-	one group in a child care center as specified in sections 2 and 3, and
731		-	amendments thereto.
732		-	Sec. 11. K.S.A. 65-505 is hereby amended to read as follows: 65-
733		-	505. (a) (1) The annual fee for a license to conduct a maternity center
734		-	or child care facility shall be fixed by the secretary of health and
735		-	environment by rules and regulations in an amount not exceeding the
736		-	following:
737		-	(1)(A) For a maternity center, $150;
738		-	(2)(B) for a child placement agency, $150; and
739		-	(3)(C) for a child care resource and referral agency, $150; and.
740		-	(4)(2) for any otherExcept for child care facilities listed in
741		-	paragraph (1), there shall be no annual fee for a license to conduct a
742		-	child care facility, $75 plus $1 times the maximum number of children
743		-	authorized under the license to be on the premises at any one time.
744		-	(3) The license fee shall be paid to the secretary of health and
745		-	environment when the license is applied for and annually thereafter.
746		-	The fee shall not be refundable. No fee shall be charged for a license to
747		-	conduct a home for children which that is a family foster home as
748		-	defined in K.A.R. 28-4-311, and amendments thereto. Fees in effect
749		-	under this subsection (a) immediately prior to the effective date of this
750		-	act shall continue in effect on and after the effective date of this act
751		-	until a different fee is established by the secretary of health and
752		-	environment by rules and regulations under this subsection.
753		-	(b) Any licensee who fails to renew such license within 30 days
754		-	after the expiration of the license shall pay to the secretary the renewal
755		-	fee plus a late fee in an amount of $75 or equal to the fee for the
756		-	renewal of a license, whichever is greater.
757		-	(c) Any licensee applying for an amended license shall pay to the
758		-	secretary of health and environment a fee established by rules and
759		-	regulations of the secretary in an amount not exceeding $35.
760		-	(d) The secretary of health and environment shall remit all moneys
761		-	received by the secretary from fees under the provisions of this section
762		-	to the state treasurer in accordance with the provisions of K.S.A. 75-
763		-	4215, and amendments thereto. Upon receipt of each such remittance,
764		-	the state treasurer, notwithstanding any other law to the contrary, shall
765		-	deposit the entire amount in the state treasury to the credit of the
766		-	maternity centers and child care licensing fee fund. All expenditures
767		-	from the maternity centers and child care licensing fee fund shall be
768		-	made only for the purposes of article 5 of chapter 65 of the Kansas
769		-	Statutes Annotated, and amendments thereto, in accordance with
770		-	appropriation acts upon warrants of the director of accounts and reports Senate Substitute for HOUSE BILL No. 2344—page 13
771		-	issued pursuant to vouchers approved by the secretary of health and
772		-	environment or by a person or persons designated by the secretary.
773		-	Notwithstanding any other law to the contrary, no moneys shall be
774		-	transferred or otherwise revert from this fund to the state general fund
775		-	by appropriation act or other act of the legislature. Moneys available
776		-	under this section by the creation of the maternity centers and child
777		-	care licensing fee fund shall not be substituted for or used to reduce or
778		-	eliminate moneys available to the department of health and
779		-	environment to administer the provisions of article 5 of chapter 65 of
780		-	the Kansas Statutes Annotated, and amendments thereto. Nothing in
781		-	this act shall be construed to authorize a reduction or elimination of
782		-	moneys made available by the state to local units of government for the
783		-	purposes of article 5 of chapter 65 of the Kansas Statutes Annotated,
784		-	and amendments thereto.
785		-	Sec. 12. K.S.A. 65-508 is hereby amended to read as follows: 65-
786		-	508. (a) Any maternity center or child care facility subject to the
787		-	provisions of this act shall: (1) Be properly heated, plumbed, lighted
788		-	and ventilated; (2) have plumbing, water and sewerage systems which
789		-	that conform to all applicable state and local laws; and (3) be operated
790		-	with strict regard to the health, safety and welfare of any woman or
791		-	child.
792		-	(b) (1) Every maternity center or child care facility shall furnish or
793		-	cause to be furnished for the use of each resident and employee an
794		-	individual towel, wash cloth washcloth or disposable products, comb
795		-	and individual drinking cup or sanitary bubbling fountain, and
796		-	toothbrushes for all other than infants, and shall keep or require such
797		-	articles to be kept at all times in a clean and sanitary condition.
798		-	(2) Toothbrushes in a day care facility may be used after meals or
799		-	as appropriate.
800		-	(3) Every maternity center or child care facility shall comply with
801		-	all applicable fire codes and rules and regulations of the state fire
802		-	marshal.
803		-	(c) (1) The secretary of health and environment with the
804		-	cooperation of the secretary for children and families shall develop and
805		-	adopt rules and regulations for the operation and maintenance of
806		-	maternity centers and child care facilities. The rules and regulations for
807		-	operating and maintaining maternity centers and child care facilities
808		-	shall be designed to promote the health, safety and welfare of any
809		-	woman or child served in such facilities by ensuring safe and adequate
810		-	physical surroundings, healthful food, adequate handwashing, safe
811		-	storage of toxic substances and hazardous chemicals, sanitary diapering
812		-	and toileting, home sanitation, supervision and care of the residents by
813		-	capable, qualified persons of sufficient number, after-hour care, an
814		-	adequate program of activities and services, sudden infant death
815		-	syndrome and safe sleep practices training, prohibition on corporal
816		-	punishment, crib safety, protection from electrical hazards, protection
817		-	from swimming pools and other water sources, fire drills, emergency
818		-	plans, safety of outdoor playground surfaces, door locks, safety gates
819		-	and transportation and such appropriate parental participation as may
820		-	be feasible under the circumstances. Boarding schools are excluded
821		-	from requirements regarding the number of qualified persons who must
822		-	supervise and provide care to residents.
823		-	(2) Rules and regulations developed under this subsection shall
824		-	include provisions for the competent supervision and care of children in
825		-	day care facilities. For purposes of such rules and regulations,
826		-	competent supervision as this term relates to children less than five
827		-	years of age includes, but is not limited to, direction of activities,
828		-	adequate oversight including sight or sound monitoring, or both,
829		-	physical proximity to children, diapering and toileting practices; and
830		-	for all children, competent supervision includes, but is not limited to,
831		-	planning and supervision of daily activities, safe sleep practices,
832		-	including, but not limited to, visual or sound monitoring, periodic
833		-	checking, emergency response procedures and drills, illness and injury
834		-	response procedures, food service preparation and sanitation, Senate Substitute for HOUSE BILL No. 2344—page 14
835		-	playground supervision, pool and water safety practices.
836		-	(d) In addition to any rules and regulations adopted under this
837		-	section for safe sleep practices, child care facilities shall ensure that all
838		-	of the following requirements are met for children under 12 months of
839		-	age:
840		-	(1) A child shall only be placed to sleep on a surface and in an
841		-	area that has been approved for use as such by the secretary of health
842		-	and environment;
843		-	(2) the sleep surface shall be free from soft or loose bedding,
844		-	including, but not limited to, blankets, bumpers and pillows; and
845		-	(3) the sleep surface shall be free from toys, including mobiles and
846		-	other types of play equipment or devices.
847		-	(e) Child care facilities shall ensure that children over 12 months
848		-	of age only be placed to sleep on a surface and in an area that has been
849		-	approved for use as such by the secretary of health and environment.
850		-	(f) The secretary of health and environment may exercise
851		-	discretion to make exceptions to requirements in subsections (d) and (e)
852		-	where special health needs exist.
853		-	(g) Each child cared for in a child care facility, including children
854		-	of the person maintaining the facility, shall be required to have current
855		-	such immunizations as the secretary of health and environment
856		-	considers necessary. The person maintaining a child care facility shall
857		-	maintain a record of each child's immunizations and shall provide to
858		-	the secretary of health and environment such information relating
859		-	thereto, in accordance with rules and regulations of the secretary, but
860		-	the person maintaining a child care facility shall not have such person's
861		-	license revoked solely for the failure to have or to maintain the
862		-	immunization records required by this subsection.
863		-	(h) The immunization requirement of subsection (g) shall not
864		-	apply if one of the following is obtained:
865		-	(1) Certification from a licensed physician stating that the physical
866		-	condition of the child is such that immunization would endanger the
867		-	child's life or health; or
868		-	(2) a written statement signed by a parent or guardian that the
869		-	parent or guardian is an adherent of a religious denomination whose
870		-	teachings are opposed to immunizations. Senate Substitute for HOUSE BILL No. 2344—page 15
871		-	Sec. 13. K.S.A. 65-503, 65-505 and 65-508 and K.S.A. 2022
872		-	Supp. 48-3406 are hereby repealed.
873		-	Sec. 14. This act shall take effect and be in force from and after its
	16	+	Section 1. K.S.A. 32-1410 is hereby amended to read as follows: 32-
	17	+	1410. (a) (1) There is hereby established the council on travel and tourism.
	18	+	The council shall consist of 17 20 voting members as follows:
	19	+	(1)(A) The chairperson of the standing senate committee on
	20	+	commerce of the senate, or a member of the senate appointed by the
	21	+	president of the senate;
	22	+	(2)(B) the vice-chairperson vice chairperson of the standing senate
	23	+	committee on commerce of the senate, or a member of the senate
	24	+	appointed by the president of the senate;
	25	+	(3)(C) the ranking minority member of the standing senate committee
	26	+	on commerce of the senate, or a member of the senate appointed by the
	27	+	minority leader of the senate;
	28	+	(4)(D) the chairperson of the standing house of representatives
	29	+	committee on tourism and parks of the house of representatives commerce,
	30	+	labor and economic development, or its successor committee, or a member
	31	+	of the house of representatives appointed by the speaker of the house of
	32	+	representatives;
	33	+	(5)(E) the vice-chairperson vice chairperson of the standing house of
	34	+	representatives committee on tourism and parks of the house of
	35	+	representatives commerce, labor and economic development, or its
	36	+	successor committee, or a member of the house of representatives
	37	+	appointed by the speaker of the house of representatives;
	38	+	(6)(F) the ranking minority member of the standing house of
	39	+	representatives committee on tourism and parks of the house of
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	76	+	representatives commerce, labor and economic development, or its
	77	+	successor committee, or a member of the house of representatives
	78	+	appointed by the minority leader of the house of representatives; and
	79	+	(7)(G) elevenfourteen members appointed by the governor. Of the 11
	80	+	14 members appointed by the governor, one shall six shall be appointed to
	81	+	represent the general public and eight shall be appointed to represent the
	82	+	organizations specified in this subparagraph, respectively. The
	83	+	appointment of a representative for an organization shall be made from a
	84	+	list of three nominations made submitted by the organization, as follows:
	85	+	(i) The travel industry association of Kansas, one shall be an
	86	+	individual engaged in the lodging industry and appointed from a list of
	87	+	three nominations made by;
	88	+	(ii) the Kansas restaurant and hospitality association, one shall be an
	89	+	individual engaged in the restaurant industry and appointed from a list of
	90	+	three nominations made by for a representative whose nominees shall be
	91	+	individuals engaged in the lodging industry;
	92	+	(iii) the Kansas restaurant and hospitality association, one shall be
	93	+	appointed from a list of three nominations made by for a second
	94	+	representative whose nominees shall be individuals engaged in the
	95	+	restaurant industry;
	96	+	(iv) the petroleum marketers and convenience store association of
	97	+	Kansas, one shall be appointed from a list of three nominations by;
	98	+	(v) the Kansas sport hunting association and six shall be appointed to
	99	+	represent the general public;
	100	+	(vi) the national independent venue association, whose nominees
	101	+	shall be Kansas residents;
	102	+	(vii) the Kansas museums association; and
	103	+	(viii) the Kansas sampler foundation.
	104	+	(2) In addition to the voting members of the council, four members of
	105	+	the council shall serve ex officio: The secretary of commerce, the secretary
	106	+	of transportation, the secretary of wildlife, and parks and tourism and the
	107	+	executive director of the state historical society. Each ex officio member of
	108	+	the council may designate an officer or employee of the state agency of the
	109	+	ex officio member to serve on the council in place of the ex officio
	110	+	member. The ex officio members of the council, or their designees, shall
	111	+	be nonvoting members of the council and shall provide information and
	112	+	advice to the council.
	113	+	(b) Legislator members shall be appointed for terms coinciding with
	114	+	the terms for which such members are elected. Of the 11 members first
	115	+	appointed by the governor, six shall be appointed for terms of three years
	116	+	and five shall be appointed for terms of two years as determined by the
	117	+	governor. Thereafter, All members appointed by the governor shall be
	118	+	appointed for terms of three years. All members appointed to fill vacancies
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	162	+	in the membership of the council and all members appointed to succeed
	163	+	members appointed to membership on the council shall be appointed in
	164	+	like manner as that provided for the original appointment of the member
	165	+	succeeded.
	166	+	(c) On July 1 of each year the council shall elect a chairperson and
	167	+	vice-chairperson vice chairperson from among its members. The council
	168	+	shall meet at least four times each year at the call of the chairperson of the
	169	+	council. Nine voting members of the council shall constitute a quorum.
	170	+	(d) Members of the council attending meetings of such council, or
	171	+	attending a subcommittee meeting thereof authorized by such council,
	172	+	shall be paid amounts for mileage as provided in subsection (c) of K.S.A.
	173	+	75-3223(c), and amendments thereto, or a lesser amount as determined by
	174	+	the Kansas department of wildlife, parks and tourism secretary of
	175	+	commerce. Amounts paid under this subsection to ex officio members of
	176	+	the council, or their designees, shall be from appropriations to the state
	177	+	agencies of which such members are officers or employees upon warrants
	178	+	of the director of accounts and reports issued pursuant to vouchers
	179	+	approved by the chief administrative officers of such agencies. Amounts
	180	+	paid under this subsection to voting members of the council shall be from
	181	+	moneys available for the payment of such amounts upon warrants of the
	182	+	director of accounts and reports issued pursuant to vouchers approved by
	183	+	the chairperson of the council.
	184	+	Sec. 2. K.S.A. 32-1420 is hereby amended to read as follows: 32-
	185	+	1420. (a) There is hereby established a state matching grant program to
	186	+	provide assistance in the promotion of tourism and development of quality
	187	+	tourist attractions within the state of Kansas. Grants awarded under this
	188	+	program shall be limited to not more than 40% of the cost of any proposed
	189	+	project. Applicants shall not utilize any state moneys to meet the matching
	190	+	requirements under the provisions of this program. Both public and private
	191	+	entities shall be eligible to apply for a grant under the provisions of this
	192	+	act. Not less than 75% 50% of all moneys granted under this program shall
	193	+	be allocated to public entities or entities exempt from taxation under the
	194	+	provisions of 501(c)(3) of the federal internal revenue code of 1986, and
	195	+	amendments thereto. No more than 20% of moneys granted to public or
	196	+	nonprofit entities shall be granted to any single such entity. Furthermore,
	197	+	no more than 20% of moneys granted to private entities shall be granted to
	198	+	any single such entity. The secretary of wildlife, parks and tourism
	199	+	commerce shall administer the provisions of this act and the secretary may
	200	+	adopt rules and regulations establishing criteria for qualification for a
	201	+	matching grant and such other matters deemed necessary by the secretary
	202	+	for the administration of this act.
	203	+	(b) For the purpose of K.S.A. 32-1420 through 32-1422, and
	204	+	amendments thereto, "tourist attraction" means a site that is of significant
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	248	+	interest to tourists as a historic, cultural, scientific, educational,
	249	+	recreational or architecturally unique site, or as a site of natural scenic
	250	+	beauty or an area naturally suited for outdoor recreation, however, under
	251	+	no circumstances shall "tourist attraction" mean a race track facility, as
	252	+	defined in K.S.A. 74-8802, and amendments thereto, or any casino or
	253	+	other establishment which that operates class three games, as defined in
	254	+	the 1991 version of 25 U.S.C. § 2703, as in effect on July 1, 1991.
	255	+	Sec. 3. K.S.A. 32-1410 and 32-1420 are hereby repealed.
	256	+	Sec. 4. This act shall take effect and be in force from and after its
874	257		publication in the statute book.
875		-	I hereby certify that the above BILL originated in the House,
876		-	and passed that body
877		-	HOUSE concurred in
878		-	SENATE amendments __________________________________________________________________
879		-
880		-
881		-	Speaker of the House.
882		-
883		-
884		-	Chief Clerk of the House.
885		-
886		-	Passed the SENATE
887		-	as amended
888		-
889		-
890		-	President of the Senate.
891		-
892		-
893		-	Secretary of the Senate.
894		-	APPROVED ______________________________________________________________________________
895		-
896		-	Governor.
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