Session of 2023
HOUSE BILL No. 2418
By Committee on Appropriations
2-15
AN ACT concerning certain state programs, boards and commissions;
abolishing the study commission for the consolidation of Kansas City,
Kansas, and Wyandotte county, consolidation commission of Topeka,
Kansas, and Shawnee county, study commission for the consolidation
in Greeley county, podiatry review committee, state board of healing
arts review committee for each branch of the healing arts, contact lens
advisory council, state emergency response commission, naturopathic
advisory council, transportation vision task force, special education
funding task force, Persian Gulf war veterans health initiative act,
Kansas export finance act, community strategic planning assistance act,
natural and scientific areas advisory board, public finance transparency
board, Kansas film services commission, Kansas bioscience authority,
KAN-ED act and department of health and environment advisory
committees; amending K.S.A. 12-340, 12-360, 45-229, 65-5702, 65-
5728, 65-7406, 66-2010, 74-2916, 74-5210, 74-6603, 74-6609, 74-
72,123, 74-99b03, 74-99b33, 74-99b63, 74-99b83 and 75-7403 and
K.S.A. 2022 Supp. 65-4915 and repealing the existing sections; also
repealing K.S.A. 12-341, 12-342, 12-343, 12-350, 12-351, 12-352, 12-
353, 12-354, 12-355, 12-356, 12-357, 12-359, 12-361, 12-362, 65-
2016, 65-2840c, 65-4969, 65-5703, 65-7214, 68-185, 72-3441, 73-
1221, 73-1222, 73-1223, 73-1224, 73-1225, 73-1226, 73-1227, 73-
1228, 73-1229, 73-1230, 73-1231, 74-5069, 74-5070, 74-5071, 74-
5072, 74-5073, 74-5074, 74-5092, 74-5093, 74-5094, 74-5095, 74-
5096, 74-5097, 74-5098, 74-5099, 74-50,100, 74-50,101, 74-6614, 74-
6615, 74-72,124, 74-9201, 74-99b04, 74-99b05, 74-99b11, 74-99b12,
74-99b13, 74-99b17, 75-7221, 75-7222, 75-7223, 75-7224, 75-7225,
75-7226 and 75-7227.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. On July 1, 2023, the commission for the
consolidation of Kansas City, Kansas, and Wyandotte county,
consolidation commission of Topeka, Kansas, and Shawnee county, study
commission for the consolidation in Greeley county, podiatry review
committee, state board of healing arts review committee for each branch of
the healing arts, contact lens advisory council, state emergency response
commission, naturopathic advisory council, transportation vision task
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force, special education funding task force, Persian Gulf war veterans
health initiative act, Kansas export finance act, community strategic
planning assistance act, natural and scientific areas advisory board, public
finance transparency board, Kansas film services commission, Kansas
bioscience authority, KAN-ED act and department of health and
environment advisory committees are hereby abolished.
Sec. 2. K.S.A. 12-340 is hereby amended to read as follows: 12-340.
As used in the act:
(a) "Commission" means the consolidation study commission of
Kansas City, Kansas, and Wyandotte county prior to such commission's
abolishment.
(b) "City" means Kansas City, Kansas.
(c) "County" means Wyandotte county.
Sec. 3. K.S.A. 12-360 is hereby amended to read as follows: 12-360.
As used in K.S.A. 12-361 12-363 through 12-367, and amendments
thereto:
(a) "Commission" means the unification commission appointed
pursuant to K.S.A. 12-361, and amendments thereto prior to its repeal.
(b) "City" means any city located in Greeley county.
(c) "County" means Greeley county.
Sec. 4. K.S.A. 45-229 is hereby amended to read as follows: 45-229.
(a) It is the intent of the legislature that exceptions to disclosure under the
open records act shall be created or maintained only if:
(1) The public record is of a sensitive or personal nature concerning
individuals;
(2) the public record is necessary for the effective and efficient
administration of a governmental program; or
(3) the public record affects confidential information.
The maintenance or creation of an exception to disclosure must be
compelled as measured by these criteria. Further, the legislature finds that
the public has a right to have access to public records unless the criteria in
this section for restricting such access to a public record are met and the
criteria are considered during legislative review in connection with the
particular exception to disclosure to be significant enough to override the
strong public policy of open government. To strengthen the policy of open
government, the legislature shall consider the criteria in this section before
enacting an exception to disclosure.
(b) Subject to the provisions of subsections (g) and (h), any new
exception to disclosure or substantial amendment of an existing exception
shall expire on July 1 of the fifth year after enactment of the new
exception or substantial amendment, unless the legislature acts to continue
the exception. A law that enacts a new exception or substantially amends
an existing exception shall state that the exception expires at the end of
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five years and that the exception shall be reviewed by the legislature
before the scheduled date.
(c) For purposes of this section, an exception is substantially
amended if the amendment expands the scope of the exception to include
more records or information. An exception is not substantially amended if
the amendment narrows the scope of the exception.
(d) This section is not intended to repeal an exception that has been
amended following legislative review before the scheduled repeal of the
exception if the exception is not substantially amended as a result of the
review.
(e) In the year before the expiration of an exception, the revisor of
statutes shall certify to the president of the senate and the speaker of the
house of representatives, by July 15, the language and statutory citation of
each exception that will expire in the following year that meets the criteria
of an exception as defined in this section. Any exception that is not
identified and certified to the president of the senate and the speaker of the
house of representatives is not subject to legislative review and shall not
expire. If the revisor of statutes fails to certify an exception that the revisor
subsequently determines should have been certified, the revisor shall
include the exception in the following year's certification after that
determination.
(f) "Exception" means any provision of law that creates an exception
to disclosure or limits disclosure under the open records act pursuant to
K.S.A. 45-221, and amendments thereto, or pursuant to any other
provision of law.
(g) A provision of law that creates or amends an exception to
disclosure under the open records law shall not be subject to review and
expiration under this act if such provision:
(1) Is required by federal law;
(2) applies solely to the legislature or to the state court system;
(3) has been reviewed and continued in existence twice by the
legislature; or
(4) has been reviewed and continued in existence by the legislature
during the 2013 legislative session and thereafter.
(h) (1) The legislature shall review the exception before its scheduled
expiration and consider as part of the review process the following:
(A) What specific records are affected by the exception;
(B) whom does the exception uniquely affect, as opposed to the
general public;
(C) what is the identifiable public purpose or goal of the exception;
(D) whether the information contained in the records may be obtained
readily by alternative means and how it may be obtained;
(2) an exception may be created or maintained only if it serves an
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identifiable public purpose and may be no broader than is necessary to
meet the public purpose it serves. An identifiable public purpose is served
if the legislature finds that the purpose is sufficiently compelling to
override the strong public policy of open government and cannot be
accomplished without the exception and if the exception:
(A) Allows the effective and efficient administration of a
governmental program that would be significantly impaired without the
exception;
(B) protects information of a sensitive personal nature concerning
individuals, the release of such information would be defamatory to such
individuals or cause unwarranted damage to the good name or reputation
of such individuals or would jeopardize the safety of such individuals.
Only information that would identify the individuals may be excepted
under this paragraph; or
(C) protects information of a confidential nature concerning entities,
including, but not limited to, a formula, pattern, device, combination of
devices, or compilation of information that is used to protect or further a
business advantage over those who do not know or use it, if the disclosure
of such information would injure the affected entity in the marketplace.
(3) Records made before the date of the expiration of an exception
shall be subject to disclosure as otherwise provided by law. In deciding
whether the records shall be made public, the legislature shall consider
whether the damage or loss to persons or entities uniquely affected by the
exception of the type specified in paragraph (2)(B) or (2)(C) would occur
if the records were made public.
(i) (1) Exceptions contained in the following statutes as continued in
existence in section 2 of chapter 126 of the 2005 Session Laws of Kansas
and that have been reviewed and continued in existence twice by the
legislature as provided in subsection (g) are hereby continued in existence:
1-401, 2-1202, 5-512, 9-1137, 9-1712, 9-2217, 10-630, 12-189, 12-1,108,
12-1694, 12-1698, 12-2819, 12-4516, 16-715, 16a-2-304, 17-1312e, 17-
2227, 17-5832, 17-7511, 17-76,139, 19-4321, 21-2511, 22-3711, 22-4707,
22-4909, 22a-243, 22a-244, 23-605, 23-9,312, 25-4161, 25-4165, 31-405,
34-251, 38-2212, 39-709b, 39-719e, 39-934, 39-1434, 39-1704, 40-222,
40-2,156, 40-2c20, 40-2c21, 40-2d20, 40-2d21, 40-409, 40-956, 40-1128,
40-2807, 40-3012, 40-3304, 40-3308, 40-3403b, 40-3421, 40-3613, 40-
3805, 40-4205, 44-510j, 44-550b, 44-594, 44-635, 44-714, 44-817, 44-
1005, 44-1019, 45-221(a)(1) through (43), 46-256, 46-259, 46-2201, 47-
839, 47-844, 47-849, 47-1709, 48-1614, 49-406, 49-427, 55-1,102, 58-
4114, 59-2135, 59-2802, 59-2979, 59-29b79, 60-3333, 60-3336, 65-102b,
65-118, 65-119, 65-153f, 65-170g, 65-177, 65-1,106, 65-1,113, 65-1,116,
65-1,157a, 65-1,163, 65-1,165, 65-1,168, 65-1,169, 65-1,171, 65-1,172,
65-436, 65-445, 65-507, 65-525, 65-531, 65-657, 65-1135, 65-1467, 65-
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1627, 65-1831, 65-2422d, 65-2438, 65-2836, 65-2839a, 65-2898a, 65-
3015, 65-3447, 65-34,108, 65-34,126, 65-4019, 65-4922, 65-4925, 65-
5602, 65-5603, 65-6002, 65-6003, 65-6004, 65-6010, 65-67a05, 65-6803,
65-6804, 66-101c, 66-117, 66-151, 66-1,190, 66-1,203, 66-1220a, 66-
2010, 72-2232, 72-3438, 72-6116, 72-6267, 72-9934, 73-1228, 74-2424,
74-2433f, 74-32,419, 74-4905, 74-4909, 74-50,131, 74-5515, 74-7308, 74-
7338, 74-8104, 74-8307, 74-8705, 74-8804, 74-9805, 75-104, 75-712, 75-
7b15, 75-1267, 75-2943, 75-4332, 75-4362, 75-5133, 75-5266, 75-5665,
75-5666, 75-7310, 76-355, 76-359, 76-493, 76-12b11, 76-12c03, 76-3305,
79-1119, 79-1437f, 79-3234, 79-3395, 79-3420, 79-3499, 79-34,113, 79-
3614, 79-3657, 79-4301 and 79-5206.
(2) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) and that have been
reviewed during the 2015 legislative session and continued in existence by
the legislature as provided in subsection (g) are hereby continued in
existence: 17-2036, 40-5301, 45-221(a)(45), (46) and (49), 48-16a10, 58-
4616, 60-3351, 72-3415, 74-50,217 and 75-53,105.
(j) (1) Exceptions contained in the following statutes as continued in
existence in section 1 of chapter 87 of the 2006 Session Laws of Kansas
and that have been reviewed and continued in existence twice by the
legislature as provided in subsection (g) are hereby continued in existence:
1-501, 9-1303, 12-4516a, 39-970, 65-525, 65-5117, 65-6016, 65-6017 and
74-7508.
(2) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) during 2015 and that
have been reviewed during the 2016 legislative session are hereby
continued in existence: 12-5611, 22-4906, 22-4909, 38-2310, 38-2311, 38-
2326, 40-955, 44-1132, 45-221(a)(10)(F) and (a)(50), 60-3333, 65-4a05,
65-445(g), 65-6154, 71-218, 75-457, 75-712c, 75-723 and 75-7c06.
(k) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) and that have been
reviewed during the 2014 legislative session and continued in existence by
the legislature as provided in subsection (g) are hereby continued in
existence: 1-205, 2-2204, 8-240, 8-247, 8-255c, 8-1324, 8-1325, 12-
17,150, 12-2001, 17-12a607, 38-1008, 38-2209, 40-5006, 40-5108, 41-
2905, 41-2906, 44-706, 44-1518, 45-221(a)(44), (45), (46), (47) and (48),
50-6a11, 65-1,243, 65-16,104, 65-3239, 74-50,184, 74-8134, 74-99b06,
77-503a and 82a-2210.
(l) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
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house of representatives pursuant to subsection (e) during 2016 and that
have been reviewed during the 2017 legislative session are hereby
continued in existence: 12-5711, 21-2511, 22-4909, 38-2313, 45-221(a)
(51) and (52), 65-516, 65-1505, 74-2012, 74-5607, 74-8745, 74-8752, 74-
8772, 75-7d01, 75-7d05, 75-5133, 75-7427 and 79-3234.
(m) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) during 2012 and that
have been reviewed during the 2013 legislative session and continued in
existence by the legislature as provided in subsection (g) are hereby
continued in existence: 12-5811, 40-222, 40-223j, 40-5007a, 40-5009a,
40-5012a, 65-1685, 65-1695, 65-2838a, 66-1251, 66-1805, 72-8268, 75-
712 and 75-5366.
(n) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) and that have been
reviewed during the 2018 legislative session are hereby continued in
existence: 9-513c(c)(2), 39-709, 45-221(a)(26), (53) and (54), 65-6832,
65-6834, 75-7c06 and 75-7c20.
(o) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) that have been
reviewed during the 2019 legislative session are hereby continued in
existence: 21-2511(h)(2), 21-5905(a)(7), 22-2302(b) and (c), 22-2502(d)
and (e), 40-222(k)(7), 44-714(e), 45-221(a)(55), 46-1106(g) regarding 46-
1106(i), 65-2836(i), 65-2839a(c), 65-2842(d), 65-28a05(n), article 6(d) of
65-6230, 72-6314(a) and 74-7047(b).
(p) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) that have been
reviewed during the 2020 legislative session are hereby continued in
existence: 38-2310(c), 40-409(j)(2), 40-6007(a), 45-221(a)(52), 46-1129,
59-29a22(b)(10) and 65-6747.
(q) Exceptions contained in the following statutes as certified by the
revisor of statutes to the president of the senate and the speaker of the
house of representatives pursuant to subsection (e) that have been
reviewed during the 2021 legislative session are hereby continued in
existence: 22-2302(c)(4)(J) and (c)(6)(B), 22-2502(e)(4)(J) and (e)(6)(B)
and 65-6111(d)(4).
Sec. 5. K.S.A. 2022 Supp. 65-4915 is hereby amended to read as
follows: 65-4915. (a) As used in this section:
(1) "Healthcare provider" means: (A) Those persons and entities
defined as a healthcare provider under K.S.A. 40-3401, and amendments
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thereto; and (B) a dentist licensed by the Kansas dental board, a dental
hygienist licensed by the Kansas dental board, a professional nurse
licensed by the board of nursing, a practical nurse licensed by the board of
nursing, a mental health technician licensed by the board of nursing, a
physical therapist licensed by the state board of healing arts, a physical
therapist assistant certified by the state board of healing arts, an
occupational therapist licensed by the state board of healing arts, an
occupational therapy assistant licensed by the state board of healing arts, a
respiratory therapist licensed by the state board of healing arts, a physician
assistant licensed by the state board of healing arts and emergency medical
service provider and ambulance services certified by the emergency
medical services board.
(2) "Healthcare provider group" means:
(A) A state or local association of healthcare providers or one or more
committees thereof;
(B) the board of governors created under K.S.A. 40-3403, and
amendments thereto;
(C) an organization of healthcare providers formed pursuant to state
or federal law and authorized to evaluate medical and healthcare services;
(D) a review committee operating pursuant to K.S.A. 65-2840c, and
amendments thereto;
(E) an organized medical staff of a licensed medical care facility as
defined by K.S.A. 65-425, and amendments thereto, an organized medical
staff of a private psychiatric hospital licensed under K.S.A. 39-2001 et
seq., and amendments thereto, or an organized medical staff of a state
psychiatric hospital or state institution for people with intellectual
disability, as follows: Larned state hospital, Osawatomie state hospital,
Rainbow mental health facility, Kansas neurological institute and Parsons
state hospital and training center;
(F)(E) a healthcare provider;
(G)(F) a professional society of healthcare providers or one or more
committees thereof;
(H)(G) a Kansas corporation whose stockholders or members are
healthcare providers or an association of healthcare providers, which
corporation evaluates medical and healthcare services;
(I)(H) an insurance company, health maintenance organization or
administrator of a health benefits plan that engages in any of the functions
defined as peer review under this section; or
(J)(I) the university of Kansas medical center.
(3) "Peer review" means any of the following functions:
(A) Evaluate and improve the quality of healthcare services rendered
by healthcare providers;
(B) determine that health services rendered were professionally
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indicated or were performed in compliance with the applicable standard of
care;
(C) determine that the cost of healthcare rendered was considered
reasonable by the providers of professional health services in this area;
(D) evaluate the qualifications, competence and performance of the
providers of healthcare or to act upon matters relating to the discipline of
any individual provider of healthcare;
(E) reduce morbidity or mortality;
(F) establish and enforce guidelines designed to keep within
reasonable bounds the cost of healthcare;
(G) conduct of research;
(H) determine if a hospital's facilities are being properly utilized;
(I) supervise, discipline, admit, determine privileges or control
members of a hospital's medical staff;
(J) review the professional qualifications or activities of healthcare
providers;
(K) evaluate the quantity, quality and timeliness of healthcare
services rendered to patients in the facility;
(L) evaluate, review or improve methods, procedures or treatments
being utilized by the medical care facility or by healthcare providers in a
facility rendering healthcare.
(4) "Peer review officer or committee" means:
(A) An individual employed, designated or appointed by, or a
committee of or employed, designated or appointed by, a healthcare
provider group and authorized to perform peer review; or
(B) a healthcare provider monitoring the delivery of healthcare at
correctional institutions under the jurisdiction of the secretary of
corrections.
(b) Except as provided by K.S.A. 60-437, and amendments thereto,
and by subsections (c) and (d), the reports, statements, memoranda,
proceedings, findings and other records submitted to or generated by peer
review committees or officers shall be privileged and shall not be subject
to discovery, subpoena or other means of legal compulsion for their release
to any person or entity or be admissible in evidence in any judicial or
administrative proceeding. Information contained in such records shall not
be discoverable or admissible at trial in the form of testimony by an
individual who participated in the peer review process. The peer review
officer or committee creating or initially receiving the record is the holder
of the privilege established by this section. This privilege may be claimed
by the legal entity creating the peer review committee or officer, or by the
commissioner of insurance for any records or proceedings of the board of
governors.
(c) Subsection (b) shall not apply to proceedings in which a
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healthcare provider contests the revocation, denial, restriction or
termination of staff privileges or the license, registration, certification or
other authorization to practice of the healthcare provider. A licensing
agency in conducting a disciplinary proceeding in which admission of any
peer review committee report, record or testimony is proposed shall hold
the hearing in closed session when any such report, record or testimony is
disclosed. Unless otherwise provided by law, a licensing agency
conducting a disciplinary proceeding may close only that portion of the
hearing in which disclosure of a report or record privileged under this
section is proposed. In closing a portion of a hearing as provided by this
section, the presiding officer may exclude any person from the hearing
location except the licensee, the licensee's attorney, the agency's attorney,
the witness, the court reporter and appropriate staff support for either
counsel. The licensing agency shall make the portions of the agency record
in which such report or record is disclosed subject to a protective order
prohibiting further disclosure of such report or record. Such report or
record shall not be subject to discovery, subpoena or other means of legal
compulsion for their release to any person or entity. No person in
attendance at a closed portion of a disciplinary proceeding shall at a
subsequent civil, criminal or administrative hearing, be required to testify
regarding the existence or content of a report or record privileged under
this section that was disclosed in a closed portion of a hearing, nor shall
such testimony be admitted into evidence in any subsequent civil, criminal
or administrative hearing. A licensing agency conducting a disciplinary
proceeding may review peer review committee records, testimony or
reports but must prove its findings with independently obtained testimony
or records that shall be presented as part of the disciplinary proceeding in
open meeting of the licensing agency. Offering such testimony or records
in an open public hearing shall not be deemed a waiver of the peer review
privilege relating to any peer review committee testimony, records or
report.
(d) Nothing in this section shall limit the authority that may otherwise
be provided by law of the commissioner of insurance, the state board of
healing arts or other healthcare provider licensing or disciplinary boards of
this state to require a peer review committee or officer to report to it any
disciplinary action or recommendation of such committee or officer; to
transfer to it records of such committee's or officer's proceedings or actions
to restrict or revoke the license, registration, certification or other
authorization to practice of a healthcare provider; or to terminate the
liability of the fund for all claims against a specific healthcare provider for
damages for death or personal injury pursuant to K.S.A. 40-3403(i), and
amendments thereto. Reports and records so furnished shall not be subject
to discovery, subpoena or other means of legal compulsion for their release
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to any person or entity and shall not be admissible in evidence in any
judicial or administrative proceeding other than a disciplinary proceeding
by the state board of healing arts or other healthcare provider licensing or
disciplinary boards of this state.
(e) A peer review committee or officer may report to and discuss its
activities, information and findings to other peer review committees or
officers or to a board of directors or an administrative officer of a
healthcare provider without waiver of the privilege provided by subsection
(b) and the records of all such committees or officers relating to such
report shall be privileged as provided by subsection (b).
(f) Nothing in this section shall be construed to prevent an insured
from obtaining information pertaining to payment of benefits under a
contract with an insurance company, a health maintenance organization or
an administrator of a health benefits plan.
Sec. 6. K.S.A. 65-5702 is hereby amended to read as follows: 65-
5702. As used in this act:
(a) "Commission" means the state emergency response commission
on emergency planning and response created by K.S.A. 65-5703 65-5721,
and amendments thereto.
(b) "Federal act" means the federal emergency planning and
community right-to-know act of 1986 (Title III, P.L. 99-499).
Sec. 7. K.S.A. 65-5728 is hereby amended to read as follows: 65-
5728. (a) Except as otherwise provided by this order, the powers, duties,
and functions of the adjutant general and secretary of health and
environment related to approval of local planning districts as provided by
K.S.A. 65-5703(f) 65-5722(f) and (g), and amendments thereto, are hereby
transferred to and conferred and imposed upon the commission on
emergency planning and response.
(b) Except as otherwise provided by this order, whenever the words
"adjutant general" or "secretary of health and environment" or words of
like effect are referred to or designated by a statute, rule and regulation,
contract or other document in connection with the powers, duties, and
functions transferred by this order from the adjutant general and the
secretary of health and environment to the commission on emergency
planning and response, the reference or designation shall be deemed to
apply to the commission on emergency planning and response.
(c) All rules and regulations, orders, and directives of the adjutant
general and of the secretary of health and environment relating to the
powers, duties, and functions transferred to the commission on emergency
planning and response by this order shall continue to be effective and shall
be deemed to be rules and regulations, orders, and directives of the
commission on emergency planning and response until revised, amended
or nullified pursuant to law.
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Sec. 8. K.S.A. 65-7406 is hereby amended to read as follows: 65-
7406. (a) Subject to appropriations, there is hereby established the primary
care safety net clinic loan guarantee fund in the state treasury for the
purposes of facilitating the financing for the acquisition and modernization
of primary care safety net clinics in Kansas and the refinancing of capital
improvements and acquisition and installation of equipment therefor. The
primary care safety net clinic loan guarantee fund shall be administered by
the secretary. All moneys in the primary care safety net clinic loan
guarantee fund shall be used to provide guarantees against capital loan
risks in accordance with this act and to pay for the administrative costs
associated with the act as may be certified by the secretary. All
expenditures from the primary care safety net clinic loan guarantee fund
shall be made in accordance with appropriations acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved by
the secretary or the secretary's designee.
(b) All fees and charges imposed by the secretary and other moneys
received by the secretary for the purposes of this act shall be remitted to
the state treasurer in accordance with the provisions of K.S.A. 75-4215,
and amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount in the state treasury to the credit
of the primary care safety net clinic loan guarantee fund.
(c) Upon certification by the secretary to the director of accounts and
reports that the unencumbered balance in the primary care safety net clinic
loan guarantee fund is insufficient to pay an amount for a loan guarantee
for which the fund is liable under this act, the director of accounts and
reports shall transfer an amount equal to the insufficiency from the state
general fund to the primary care safety net clinic loan guarantee fund. The
secretary shall transmit a copy of each such certification to the director of
the budget and to the director of legislative research at the same time that
the secretary submits a certification to the director of accounts and reports
under this subsection.
(d) On or before the 10
th
of each month, the director of accounts and
reports shall transfer from the state general fund to the primary care safety
net clinic loan guarantee fund interest earnings based on:
(1) The average daily balance of moneys in the Kansas export
primary care safety net clinic loan guarantee fund for the preceding
month; and
(2) the net earnings rate of the pooled money investment portfolio for
the preceding month.
Sec. 9. K.S.A. 66-2010 is hereby amended to read as follows: 66-
2010. (a) The commission shall utilize a competitive bidding process to
select a neutral, competent and bonded third party to administer the KUSF.
(b) The administrator shall be responsible for: (1) Collecting and
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auditing all relevant information from all qualifying telecommunications
public utilities, telecommunications carriers or wireless
telecommunications service providers receiving funds from or providing
funds to the KUSF; (2) verifying, based on the calculations of each
qualifying telecommunications carrier, telecommunications public utility
or wireless telecommunications service provider, the obligation of each
such qualifying carrier, utility or provider to generate the funds required by
the KUSF; (3) collecting all moneys due to the KUSF from all
telecommunications public utilities, telecommunications carriers and
wireless telecommunications service providers in the state; and (4)
distributing amounts on a monthly basis due to qualifying
telecommunications public utilities, wireless telecommunications service
providers and telecommunications carriers receiving KUSF funding.
(c) Any information made available or received by the administrator
from carriers, utilities or providers receiving funds from or providing
funds to the KUSF shall not be subject to any provisions of the Kansas
open records act and shall be considered confidential and proprietary.
(d) The administrator shall be authorized to maintain an action to
collect any funds owed by any telecommunications carrier, public utility or
wireless telecommunications provider in the district court in the county of
the registered office of such carrier, utility or provider or, if such carrier,
utility or provider does not have a registered office in the state, such an
action may be maintained in the county where such carrier's, utility's or
provider's principal office is located. If such carrier, utility or provider has
no principal office in the state, such an action may be maintained in the
district court of any county in which such carrier, utility or provider
provides service.
(e) (1) The KUSF administrator shall be responsible to ensure that
funds do not fall below the level necessary to pay all amounts collectively
owed to all qualifying telecommunications public utilities, wireless
telecommunications service providers and telecommunications carriers.
The administrator shall have the authority to retain and invest in a prudent
and reasonable manner any excess funds collected in any period to help
ensure that adequate funds are available to cover amounts payable in other
periods.
(2) Subject to the provisions of appropriations acts, for fiscal year
2013, the KUSF administrator may transfer moneys from the KUSF to the
state treasurer. Upon the receipt of any payment, the state treasurer shall
deposit the entire amount in the state treasury and credit it to the KAN-ED
fund. Any such payments shall be made after all payments required by
K.S.A. 66-2008, and amendments thereto, for the month are made from
the KUSF.
Sec. 10. K.S.A. 74-2916 is hereby amended to read as follows: 74-
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2916. (a) Notwithstanding the provisions of K.S.A. 74-5074, and
amendments thereto, on July 1, 2002, or as soon thereafter as moneys are
available, the secretary of commerce is authorized and directed to loan to
the director of the Kansas sports hall of fame $100,000 from the Kansas
export loan guarantee fund. The director of the Kansas sports hall of fame
is authorized and directed to use any moneys in the Kansas sports hall of
fame surcharge fund to provide for the ongoing expenses of the Kansas
sports hall of fame. Such loan shall not bear interest. Such loan shall not
be deemed to be an indebtedness or debt of the state of Kansas within the
meaning of section 6 of article 11 of the constitution of the state of Kansas.
(b) Upon certification by the secretary of commerce and by the
director of the Kansas sports hall of fame, the director of accounts and
reports shall transfer such amount from the Kansas export loan guarantee
fund to the Kansas sports hall of fame surcharge fund.
(c) The loan authorized pursuant to subsection (a) shall be repaid in
one payment payable on or before June 30, 2003, of $50,000, and one
payment payable on or before June 30, 2004, of $50,000.
(d) The state of Kansas sports hall of fame board of trustees, in
consultation with postsecondary educational institutions and the accredited
independent institutions, shall develop and implement a voluntary plan to
have such institutions participate in the raising of funds for the Kansas
sports hall of fame.
(e) Quarterly, during fiscal year 2003 and 2004, the state of Kansas
sports hall of fame board of trustees shall submit a report to the
chairperson of the legislative budget committee concerning the progress
and provisions of this act when the legislature is not in session and the
chairperson of the committee on appropriations of the house of
representatives and the chairperson of the committee on ways and means
of the senate when the legislature is in session.
(f)(b) "Postsecondary educational institution" means Kansas state
university, the university of Kansas, Wichita state university, Emporia state
university, Fort Hays state university, Pittsburg state university, Washburn
university and any community college.
Sec. 11. K.S.A. 74-5210 is hereby amended to read as follows: 74-
5210. (a) The Kansas arts commission created by K.S.A. 74-5202, and
amendments thereto prior to its repeal, and the Kansas film services
commission created by K.S.A. 74-9201, and amendments thereto prior to
its repeal, are hereby abolished.
(b) Except as otherwise provided by this act, all of the powers, duties
and functions of the existing Kansas arts commission and the Kansas film
services commission are hereby transferred to, conferred and imposed
upon the creative arts industries commission within the department of
commerce, established by this act.
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(c) Except as otherwise provided by this act, the creative arts
industries commission within the department of commerce established by
this act shall be the successor in every way to the powers, duties and
functions of the Kansas arts commission and the Kansas film services
commission in which the same were vested prior to the effective date of
this act. Every act performed in the exercise of such powers, duties and
functions by or under the authority of the creative arts industries
commission within the department of commerce established by this act
shall be deemed to have the same force and effect as if performed by the
Kansas arts commission and the Kansas film services commission in
which such powers, duties and functions were vested prior to the effective
date of this act.
(d) Except as otherwise provided by this act, whenever the Kansas
arts commission or the Kansas film services commission, or words of like
effect, are referred to or designated by a statute, contract or other
document, such reference or designation shall be deemed to apply to the
creative arts industries commission within the department of commerce
established by this act.
(e) All rules and regulations of the Kansas arts commission and the
Kansas film services commission in existence on the effective date of this
act shall continue to be effective and shall be deemed to be duly adopted
rules and regulations of the creative arts industries commission within the
department of commerce established by this act until revised, amended,
revoked or nullified pursuant to law.
(f) All orders and directives of the Kansas arts commission and the
Kansas film services commission in existence on the effective date of this
act shall continue to be effective and shall be deemed to be orders and
directives of the creative arts industries commission within the department
of commerce established by this act, until revised, amended, revoked or
nullified pursuant to law.
(g) On the effective date of this act, the creative arts industries
commission within the department of commerce shall succeed to whatever
right, title or interest the Kansas arts commission and the Kansas film
services commission have acquired in any real property in this state, and
the creative arts industries commission within the department of commerce
shall hold the same for and in the name of the state of Kansas. On and after
the effective date of this act, whenever any statute, contract, deed or other
document concerns the power or authority of the Kansas arts commission
or the Kansas film services commission to acquire, hold or dispose of real
property or any interest therein, the creative arts industries commission
within the department of commerce shall succeed to such power or
authority.
(h) The creative arts industries commission within the department of
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commerce established by this act shall be a continuation of the Kansas arts
commission and the Kansas film services commission.
(i) On the effective date of this act, all officers and employees who,
immediately prior to such date, were engaged in the performance of
powers, duties or functions of the Kansas arts commission and the Kansas
film services commission which are transferred by this act, or who become
a part of the creative arts industries commission within the department of
commerce, and who, in the opinion of the director of the creative arts
industries commission within the department of commerce, are necessary
to perform the powers, duties and functions of the creative arts industries
commission within the department of commerce, shall be transferred to,
and shall become officers and employees of the creative arts industries
commission within the department of commerce.
(j) Officers and employees of the Kansas arts commission and the
Kansas film services commission transferred by this act shall retain all
retirement benefits and leave balances and rights which had accrued or
vested prior to the date of transfer. The service of each such officer and
employee so transferred shall be deemed to have been continuous. All
transfers, layoffs or abolition of classified service positions under the
Kansas civil service act shall be made in accordance with the civil service
laws and any rule and regulation adopted thereunder. Nothing in this act
shall affect the classified status of any transferred person employed by the
Kansas arts commission and the Kansas film services commission prior to
the date of transfer.
(k) For the purposes of K.S.A. 12-2536, and amendments thereto, the
creative arts industries commission within the department of commerce,
instead of the Kansas arts commission, shall provide an appointee to serve
on the metropolitan culture commission.
Sec. 12. K.S.A. 74-6603 is hereby amended to read as follows: 74-
6603. As used in this act, the following words and terms shall have the
meanings ascribed to them in this section, unless the context shall indicate
another or different meaning or intent:
(a) "Natural and scientific area" means an area of land or water in
public or private ownership which either retains to some degree its
primeval character, though it need not be completely natural and
undisturbed, or has natural flora, fauna, ecological, geological, historical
or archeological features of scientific or educational interest.
(b) "Natural and scientific preserve" means a natural or scientific area
which is formally dedicated under the provisions of this act to be
maintained as nearly as possible in its natural condition and to be used in a
manner and under limitations consistent with its continued preservation,
without impairment, disturbance, or artificial development except that
deemed necessary for scientific research, education, or public
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interpretation of the area.
(c) "Board" means the natural and scientific areas advisory board
created by K.S.A. 74-6614.
Sec. 13. K.S.A. 74-6609 is hereby amended to read as follows: 74-
6609. A natural or scientific area which has been found by the board to be
suitable for inclusion in the system shall become a natural and scientific
preserve upon its dedication by the owner of the land or of an interest or a
right therein, with the approval of the state biological survey. The
dedication shall be evidenced by articles of dedication which shall be in
such form as the state biological survey may approve. The articles of
dedication may, consistent with the purposes of this act, define the
respective rights and duties of the owner or custodian and the state
biological survey; contain provisions relating to management,
development use, public access, sale or transfer; provide or create
reversionary rights; contain such other provisions as may be necessary or
advisable; and vary in provisions from one natural and scientific preserve
to another.
Sec. 14. K.S.A. 74-72,123 is hereby amended to read as follows: 74-
72,123. (a) As used in the Kansas taxpayer transparency act:
(1) "Searchable website" means a website that allows the public to
search and aggregate the information identified in subsection (b) including
requirements that the website offer the public the ability to efficiently
search and display data, and ascertain the total amounts of revenues and
expenditures (A) of funds established within the state treasury in an
aggregate or summary form in a manner determined by the secretary of
administration, (B) of compensation paid to public employees employed
by state agencies, and (C) of bond debt as specified in this act.
(2) "Agency" means any entity or instrumentality of the state of
Kansas as defined in K.S.A. 75-3701, and amendments thereto, and any
other entity or instrumentality delegated statutory authority by the
legislature to issue bonds and to collect revenue for the purpose of
repaying bonds issued under authority delegated by statute.
(3) "Board" means the public finance transparency board.
(b) No later than March 1, 2009, The secretary of administration shall
develop and operate a single, searchable website accessible by the public
at no cost to access, that includes:
(1) Annual expenditures, as determined by the secretary of
administration and as available within the central accounting system and
state payroll system, shall include, but not be limited to:
(A) Disbursements by any state agency from funds established within
the state treasury;
(B) bond debt payments;
(C) salaries and wages including, but not limited to, compensation
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paid to individual employees of state agencies;
(D) contractual services including, but not limited to, amounts paid to
individual vendors;
(E) commodities including, but not limited to, amounts paid to
individual vendors;
(F) capital outlay including, but not limited to, amounts paid to
individual vendors;
(G) debt service including, but not limited to, amounts of bond
interest paid and sources of funds paid for individual bond issues;
(H) aid to local units including, but not limited to, amounts paid to
individual units of government for individually identifiable aid programs;
(I) other assistance and benefits;
(J) capital improvements including, but not limited to, amounts of
bond principal paid and sources of funds paid for individual bond issues;
and
(K) tax expenditures as reported by the secretary of revenue in the
annual tax expenditure report.
(2) Annual revenues, as determined by the secretary of administration
and as available within the central accounting system, shall include, but
not be limited to:
(A) Receipts or deposits by any state agency into funds established
within the state treasury;
(B) taxes including, but not limited to, compulsory contributions
imposed by the state for the purpose of financing services;
(C) agency earnings including, but not limited to, amounts collected
by each agency for merchandise sold, services performed, licenses and
permits issued, or regulation;
(D) revenue for the use of money and property including, but not
limited to, amounts received for compensation for the use of state-owned
money and property;
(E) gifts, donations and federal grants including, but not limited to,
amounts received from public and private entities to aid in support of a
specific function or other governmental activity;
(F) other revenue including, but not limited to, receipts not classified
elsewhere; and
(G) non-revenue receipts including, but not limited to, all receipts that
do not constitute revenue.
(3) Annual bonded indebtedness which shall include, but not be
limited to the amount of the total original obligation stated in terms of
principal and interest, the term of the obligation, the source of funding for
repayment of the obligation, the amounts of principal and interest
previously paid to reduce the obligation, the balance remaining of the
obligation, any refinancing of the obligation, and the cited statutory
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authority to issue such bonds.
(4) Any other relevant information specified by the secretary of
administration after consulting with and seeking the advice of the public
finance transparency board as established in K.S.A. 74-72,124, and
amendments thereto.
(c) The single website provided for in subsection (b) of this section
shall include data for fiscal year 2003 and each fiscal year thereafter. The
website shall be designed so that such data shall be retained on the single
website for not less than 10 years and shall include data for the most recent
fiscal years. Data that is available in the central accounting system and
state payroll system shall be on the single website as soon as possible, but
not later than 45 days after the last day of the preceding fiscal year. The
secretary of administration shall develop policies and procedures to make
data available from any other source. Nothing in this act shall require the
secretary of administration to provide information on the website that is
not available in the central accounting system and the state payroll system
at the time of initial implementation of the website. After implementation
of the initial website, the public finance transparency board shall advise
the secretary of administration on incorporating additional information
described by this act from any other source of information available to the
secretary of administration including information submitted by state
agencies pursuant to subsection (d) of this section.
(d) Any state agency shall provide, at the request of the secretary of
administration, such information as is necessary to accomplish the
purposes of this act.
(e) Nothing in this act shall permit or require the disclosure of
information which is considered confidential by state or federal law.
Sec. 15. K.S.A. 74-99b03 is hereby amended to read as follows: 74-
99b03. As used in the bioscience authority act, and amendments thereto,
the following words and phrases shall have the following meanings unless
a different meaning clearly appears from the content:
(a) "Authority" means the Kansas bioscience authority created by this
act department of commerce.
(b) "Authority employee" means an employee of the authority who
performs services for the authority and whose salary is paid in whole or in
part by the authority. An authority employee will not be considered to be a
state employee, as such term is defined in this act or in any other statute or
regulation.
(c) "Bioscience" means the use of compositions, methods and
organisms in cellular and molecular research, development and
manufacturing processes for such diverse areas as pharmaceuticals,
medical therapeutics, medical diagnostics, medical devices, medical
instruments, biochemistry, microbiology, veterinary medicine, plant
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biology, agriculture and industrial, environmental, and homeland security
applications of bioscience, and future developments in the biosciences.
Bioscience includes biotechnology and life sciences.
(d)(c) "Bioscience company" means a corporation, limited liability
company, S corporation, partnership, registered limited liability
partnership, foundation, association, nonprofit entity, sole proprietorship,
business trust, person, group, or other entity that is engaged in the business
of bioscience in the state and has business operations in the state,
including, without limitation, research, development, or production
directed towards developing or providing bioscience products or processes
for specific commercial or public purposes and are identified by the
following NAICS codes: 325411, 325412, 325413, 325414, 325193,
325199, 325311, 32532, 334516, 339111, 339112, 339113, 334510,
334517, 339115, 621511, 621512, 54171, 54138, 54194.
(e)(d) "Bioscience development project" means an approved project
to implement a project plan in a bioscience development district.
(f)(e) "Bioscience research" means any investigation for the
advancement of scientific or technological knowledge of bioscience and
any activity that seeks to utilize, synthesize, or apply existing knowledge,
information or resources to the resolution of a specific problem, question
or issue of bioscience.
(g)(f) "Bioscience research institutions" means all universities and
colleges located in the state of Kansas conducting bioscience research.
(h)(g) "Biotechnology" means those fields focusing on technological
developments in such areas as molecular biology, genetic engineering,
genomics, proteomics, physiomics, nanotechnology, biodefense,
biocomputing and bioinformatics.
(i)(h) "Board" means the board of directors of the authority created
by this act department of commerce.
(j)(i) "Bonds" has the same meaning means the same as in K.S.A. 74-
8902, and amendments thereto.
(k)(j) "Bioscience development and investment fund" means the fund
created by K.S.A. 74-99b34, and amendments thereto.
(l)(k) "Eminent scholar" means world-class, distinguished and
established investigators recognized nationally for their research,
achievements and ability to garner significant federal funding on an annual
basis. Eminent scholars are recognized for their scientific knowledge and
entrepreneurial spirit to enhance the innovative research that leads to
economic gains. Eminent scholars are either members of or likely
candidates for the national academy of sciences or other prominent
national academic science organizations.
(m)(l) "Life sciences" means the areas of medical sciences,
pharmaceutical sciences, biological sciences, zoology, botany, horticulture,
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ecology, toxicology, organic chemistry, physical chemistry, physiology and
any future advances associated with life sciences.
(n)(m) "NAICS" means the north American industry classification
system.
(o)(n) "NISTAC" means the national institute for strategic technology
acquisition and commercialization.
(p)(o) "President" or "secretary" means the chief executive officer of
the authority secretary of commerce.
(q)(p) "Principal operation" means the operation of the authority
requiring at least 75% of the total number of employees at all times.
(r)(q) "Qualified company" means a Kansas company conducting
bioscience research and development that may be granted a funding
voucher.
(s)(r) "Rising star scholar" means up-and-coming distinguished
investigators growing in their national reputations in their fields, who are
active and demonstrate leadership in their associated professional
societies, and who attract significant federal research grant support. Rising
star scholars would be likely candidates for the national academy of
sciences or other prominent national academic science organizations in the
future.
(t)(s) "State" means the state of Kansas.
(u)(t) "State employee" means a person employed by the state of
Kansas whether or not a classified or unclassified employee in the state
personnel system. Authority employees shall not be considered state
employees, as such term is defined in this act or in any other statute or rule
and regulation.
(v)(u) "State universities" includes state educational institutions as
defined in K.S.A. 76-711, and amendments thereto, and the municipal
university as defined in K.S.A. 74-3201b, and amendments thereto.
(w)(v) "Taxpayer" means a person, corporation, limited liability
company, S corporation, partnership, registered limited liability
partnership, foundation, association, nonprofit entity, sole proprietorship,
business trust, group or other entity that is subject to the Kansas income
tax act K.S.A. 79-3201 et seq., and amendments thereto.
(x)(w) "Technology transfer" means, without limitation, assisting with
filing patent applications, executing licenses, paying maintenance fees and
managing the finance, production, sales and marketing of bioscience
intellectual property.
(y)(x) "This act" means the bioscience authority act.
(z)(y) Notwithstanding any other provision of this act, the terms
"bioscience," "biotechnology" and "life sciences" shall not be construed to
include:
(1) Induced abortion in humans, performed after the date of
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enactment of this act, or the use of cells or tissues derived therefrom; or
(2) any research the federal funding of which would be contrary to
federal laws that are in effect on the date of enactment of this act.
Sec. 16. K.S.A. 74-99b33 is hereby amended to read as follows: 74-
99b33. As used in the emerging industry investment act, and amendments
thereto, the following words and phrases shall have the following
meanings unless a different meaning clearly appears from the content:
(a) "Authority" means the Kansas bioscience authority as created by
K.S.A. 74-99b04, and amendments thereto department of commerce.
(b) "Base year taxation" means 95% of the 2003 state withholding
taxes of bioscience employees working for bioscience companies and state
universities currently located in or operating in the state. The base year
taxation may be adjusted in future years to account for the addition of new
bioscience companies and the identification of existing bioscience
companies inadvertently omitted from prior determinations. When a
bioscience company is added, the base year taxation shall be amended by
95% of the company's 2003 state withholding taxes, if any.
(c) "Bioscience" means the use of compositions, methods and
organisms in cellular and molecular research, development and
manufacturing processes for such diverse areas as pharmaceuticals,
medical therapeutics, medical diagnostics, medical devices, medical
instruments, biochemistry, microbiology, veterinary medicine, plant
biology, agriculture, industrial, environmental, and homeland security
applications of bioscience and future developments in the biosciences.
Bioscience includes biotechnology and life sciences.
(d) "Bioscience company" or "bioscience companies" means a
corporation, limited liability company, S corporation, partnership,
registered limited liability partnership, foundation, association, nonprofit
entity, sole proprietorship, business trust, person, group or other entity that
is engaged in the business of bioscience in the state and has business
operations in the state, including, without limitation, research,
development, sales, services, distribution or production directed towards
developing or providing bioscience products or processes for specific
commercial or public purposes but shall not include entities engaged in the
distribution or retail sale of pharmaceuticals or other bioscience products.
The authority and the secretary of revenue shall jointly determine whether
an entity qualifies as a "bioscience company" based on verifiable evidence.
One of the factors that shall be considered is whether a company has been
identified by the department of labor by one of the following NAICS
codes: 325411, 325412, 325413, 325414, 325193, 325199, 325311,
325320, 334516, 339111, 339112, 339113, 334510, 334517, 339115,
621511, 621512, 541710, 541380, 541940 and 622110. Such company
shall be presumed to be a bioscience company unless the authority and the
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secretary of revenue agree, based on verifiable evidence, that the company
is not engaged in the business of bioscience in the state. A company
identified by another NAICS code may be determined to be a bioscience
company by the authority and the secretary of revenue based on verifiable
evidence that the company is engaged in the business of bioscience in the
state. From and after July 1, 2014, the authority and the secretary of
revenue, based upon verifiable evidence, may determine that a company
which has previously been determined to be a bioscience company shall no
longer be considered to be a bioscience company for the purposes of the
emerging industry investment act.
(e) "Bioscience development and investment fund" means the fund
created by K.S.A. 74-99b34, and amendments thereto.
(f) "Bioscience employee" means any employee, officer or director of
a bioscience company who is employed in the 2003 tax year or after
December 31, 2003, and who is also a state taxpayer and any employee of
state universities who is associated with bioscience research in the 2003
tax year or after December 31, 2003, and who is also a state taxpayer.
(g) "Bioscience research" means any original investigation for the
advancement of scientific or technological knowledge of bioscience and
any activity that seeks to utilize, synthesize, or apply existing knowledge,
information or resources to the resolution of a specific problem, question
or issue of bioscience.
(h) "Biotechnology" means those fields focusing on technological
developments in such areas as molecular biology, genetic engineering,
genomics, proteomics, physiomics, nanotechnology, biodefense,
biocomputing and bioinformatics and future developments associated with
biotechnology.
(i) "Board" means the board of directors of the authority department
of commerce.
(j) "Eminent scholar" means world-class, distinguished and
established investigators recognized nationally for their research,
achievements and ability to garner significant federal funding on an annual
basis. Eminent scholars are recognized for their scientific knowledge and
entrepreneurial spirit to enhance the innovative research that leads to
economic gains. Eminent scholars are either members of or likely
candidates for the national academy of sciences or other prominent
national academic science organizations.
(k) "Life sciences" means, without limitation, the areas of medical
sciences, pharmaceutical sciences, biological sciences, zoology, botany,
horticulture, ecology, toxicology, organic chemistry, physical chemistry
and physiology and any future advances associated with the life sciences.
(l) "NAICS" means the north American industry classification
system.
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(m) "Rising star scholar" means up-and-coming distinguished
investigators growing in their national reputations in their fields, who are
active and demonstrate leadership in their associated professional
societies, and who attract significant federal research grant support. Rising
star scholars would be likely candidates for the national academy of
science or other prominent national academic science organizations in the
future.
(n) "State" means the state of Kansas.
(o) "State universities" includes state educational institutions as
defined in K.S.A. 76-711, and amendments thereto, and the municipal
university as defined in K.S.A. 74-3201b, and amendments thereto.
(p) "Subsequent year taxation" means 95% of all state withholding
taxes payable by bioscience companies that commence operating in the
state after December 31, 2003, and 95% of withholding associated with
new bioscience employees added to bioscience companies and state
universities and associated with growth of the existing bioscience
employee withholding base after December 31, 2003.
(q) "Taxpayer" means a person, corporation, limited liability
company, S corporation, partnership, registered limited liability
partnership, foundation, association, nonprofit entity, sole proprietorship,
business trust, group or other entity that is subject to the Kansas income
tax act, K.S.A. 79-3201 et seq., and amendments thereto.
(r) "This act" means the emerging industry investment act.
Sec. 17. K.S.A. 74-99b63 is hereby amended to read as follows: 74-
99b63. As used in the bioscience research and development voucher
program act, and amendments thereto, the following words and phrases
have the following meanings unless a different meaning clearly appears
from the content:
(a) "Authority" means the Kansas bioscience authority as created by
K.S.A. 74-99b04, and amendments thereto department of commerce.
(b) "Bioscience" means, without limitation, the use of compositions,
methods and organisms in cellular and molecular research, development
and manufacturing processes for such diverse areas as pharmaceuticals,
medical therapeutics, medical diagnostics, medical devices, medical
instruments, biochemistry, microbiology, veterinary medicine, plant
biology, agriculture, industrial, environmental and homeland security
applications of bioscience and future developments in the biosciences.
Bioscience includes biotechnology and life sciences.
(c) "Bioscience research" means any investigation for the
advancement of scientific or technological knowledge of bioscience and
any activity that seeks to utilize, synthesize, or apply existing knowledge,
information or resources to the resolution of a specific problem, question
or issue of bioscience.
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(d) "Bioscience research institutions" means all universities and
colleges located in the state of Kansas conducting bioscience research.
(e) "Biotechnology" means, without limitation, those fields focusing
on technological developments in such areas as molecular biology, genetic
engineering, genomics, proteomics, physiomics, nanotechnology,
biodefense, biocomputing, bioinformatics and future developments
associated with biotechnology.
(f) "Life sciences" means the areas of medical sciences,
pharmaceutical sciences, biological sciences, zoology, botany, horticulture,
ecology, toxicology, organic chemistry, physical chemistry, physiology and
any future advances associated with life sciences.
(g) "Qualified company" means a Kansas company conducting
bioscience research and development that may be granted a funding
voucher.
(h) "State" means the state of Kansas.
(i) "This act" means the bioscience research and development
voucher program act.
Sec. 18. K.S.A. 74-99b83 is hereby amended to read as follows: 74-
99b83. As used in the bioscience research matching funds act, and
amendments thereto, the following words and phrases have the following
meanings unless a different meaning clearly appears from the content:
(a) "Authority" or "board" means the Kansas bioscience authority as
created by K.S.A. 74-99b04, and amendments thereto department of
commerce.
(b) "Board" means the board of directors of the authority.
(c) "Bioscience" means the use of compositions, methods and
organisms in cellular and molecular research, development and
manufacturing processes for such diverse areas as pharmaceuticals,
medical therapeutics, medical diagnostics, medical devices, medical
instruments, biochemistry, microbiology, veterinary medicine, plant
biology, agriculture, industrial, environmental and homeland security
applications of bioscience and future developments in the biosciences.
Bioscience includes biotechnology and life sciences.
(d)(c) "Bioscience research" means any investigation for the
advancement of scientific or technological knowledge of bioscience and
any activity that seeks to utilize, synthesize, or apply existing knowledge,
information or resources to the resolution of a specific problem, question
or issue of bioscience.
(e)(d) "Bioscience research institutions" means all universities and
colleges located in the state of Kansas conducting bioscience research.
(f)(e) "Biotechnology" means, without limitation, those fields
focusing on technological developments in such areas as molecular
biology, genetic engineering, genomics, proteomics, physiomics,
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nanotechnology, biodefense, biocomputing, bioinformatics and future
developments associated with biotechnology.
(g)(f) "Life sciences" means, without limitation, the areas of medical
sciences, pharmaceutical sciences, biological sciences, zoology, botany,
horticulture, ecology, toxicology, organic chemistry, physical chemistry,
physiology and any future advances associated with life sciences.
(h)(g) "State" means the state of Kansas.
(i)(h) "This act" means the bioscience research matching funds act.
Sec. 19. K.S.A. 75-7403 is hereby amended to read as follows: 75-
7403. (a) The secretary of health and environment is hereby authorized to
establish policies and to adopt rules and regulations for the implementation
and administration of the powers, duties and functions prescribed for or
transferred to the department as provided by law.
(b) The secretary of health and environment may enter into contracts
as may be necessary to perform the powers, duties and functions of the
department and as provided by law. As provided by this act or as otherwise
the secretary of health and environment may enter into contracts with other
state agencies or with local governmental entities for the coordination of
health services, including care and prevention programs and activities, and
public health programs.
(c) The secretary of health and environment may appoint advisory
committees as deemed necessary by the secretary. The advisory
committees shall consult with and advise the secretary of health and
environment regarding the matters referred thereto by the department.
Members of any advisory committee created under this section attending
meetings of such committee or attending a subcommittee meeting thereof
authorized by such committee shall be paid subsistence allowances,
mileage and other expenses as provided in K.S.A. 75-3223, and
amendments thereto, but shall receive no compensation for services as
members of such advisory committee.
Sec. 20. K.S.A. 12-340, 12-341, 12-342, 12-343, 12-350, 12-351, 12-
352, 12-353, 12-354, 12-355, 12-356, 12-357, 12-359, 12-360, 12-361, 12-
362, 45-229, 65-2016, 65-2840c, 65-4969, 65-5702, 65-5703, 65-5728,
65-7214, 65-7406, 66-2010, 68-185, 72-3441, 73-1221, 73-1222, 73-1223,
73-1224, 73-1225, 73-1226, 73-1227, 73-1228, 73-1229, 73-1230, 73-
1231, 74-2916, 74-5069, 74-5070, 74-5071, 74-5072, 74-5073, 74-5074,
74-5092, 74-5093, 74-5094, 74-5095, 74-5096, 74-5097, 74-5098, 74-
5099, 74-50,100, 74-50,101, 74-5210, 74-6603, 74-6609, 74-6614, 74-
6615, 74-72,123, 74-72,124, 74-9201, 74-99b03, 74-99b04, 74-99b05, 74-
99b11, 74-99b12, 74-99b13, 74-99b17, 74-99b33, 74-99b63, 74-99b83,
75-7221, 75-7222, 75-7223, 75-7224, 75-7225, 75-7226, 75-7227 and 75-
7403 and K.S.A. 2022 Supp. 65-4915 are hereby repealed.
Sec. 21. This act shall take effect and be in force from and after its
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publication in the statute book.1