Kansas 2023-2024 Regular Session

Kansas House Bill HB2418 Compare Versions

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Old	New	Differences
1	1	Session of 2023
2	2	HOUSE BILL No. 2418
3	3	By Committee on Appropriations
4	4	2-15
5	5	AN ACT concerning certain state programs, boards and commissions;
6	6	abolishing the study commission for the consolidation of Kansas City,
7	7	Kansas, and Wyandotte county, consolidation commission of Topeka,
8	8	Kansas, and Shawnee county, study commission for the consolidation
9	9	in Greeley county, podiatry review committee, state board of healing
10	10	arts review committee for each branch of the healing arts, contact lens
11	11	advisory council, state emergency response commission, naturopathic
12	12	advisory council, transportation vision task force, special education
13	13	funding task force, Persian Gulf war veterans health initiative act,
14	14	Kansas export finance act, community strategic planning assistance act,
15	15	natural and scientific areas advisory board, public finance transparency
16	16	board, Kansas film services commission, Kansas bioscience authority,
17	17	KAN-ED act and department of health and environment advisory
18	18	committees; amending K.S.A. 12-340, 12-360, 45-229, 65-5702, 65-
19	19	5728, 65-7406, 66-2010, 74-2916, 74-5210, 74-6603, 74-6609, 74-
20	20	72,123, 74-99b03, 74-99b33, 74-99b63, 74-99b83 and 75-7403 and
21	21	K.S.A. 2022 Supp. 65-4915 and repealing the existing sections; also
22	22	repealing K.S.A. 12-341, 12-342, 12-343, 12-350, 12-351, 12-352, 12-
23	23	353, 12-354, 12-355, 12-356, 12-357, 12-359, 12-361, 12-362, 65-
24	24	2016, 65-2840c, 65-4969, 65-5703, 65-7214, 68-185, 72-3441, 73-
25	25	1221, 73-1222, 73-1223, 73-1224, 73-1225, 73-1226, 73-1227, 73-
26	26	1228, 73-1229, 73-1230, 73-1231, 74-5069, 74-5070, 74-5071, 74-
27	27	5072, 74-5073, 74-5074, 74-5092, 74-5093, 74-5094, 74-5095, 74-
28	28	5096, 74-5097, 74-5098, 74-5099, 74-50,100, 74-50,101, 74-6614, 74-
29	29	6615, 74-72,124, 74-9201, 74-99b04, 74-99b05, 74-99b11, 74-99b12,
30	30	74-99b13, 74-99b17, 75-7221, 75-7222, 75-7223, 75-7224, 75-7225,
31	31	75-7226 and 75-7227.
32	32	Be it enacted by the Legislature of the State of Kansas:
33	33	New Section 1. On July 1, 2023, the commission for the
34	34	consolidation of Kansas City, Kansas, and Wyandotte county,
35	35	consolidation commission of Topeka, Kansas, and Shawnee county, study
36	36	commission for the consolidation in Greeley county, podiatry review
37	37	committee, state board of healing arts review committee for each branch of
38	38	the healing arts, contact lens advisory council, state emergency response
39	39	commission, naturopathic advisory council, transportation vision task
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76	76	force, special education funding task force, Persian Gulf war veterans
77	77	health initiative act, Kansas export finance act, community strategic
78	78	planning assistance act, natural and scientific areas advisory board, public
79	79	finance transparency board, Kansas film services commission, Kansas
80	80	bioscience authority, KAN-ED act and department of health and
81	81	environment advisory committees are hereby abolished.
82	82	Sec. 2. K.S.A. 12-340 is hereby amended to read as follows: 12-340.
83	83	As used in the act:
84	84	(a) "Commission" means the consolidation study commission of
85	85	Kansas City, Kansas, and Wyandotte county prior to such commission's
86	86	abolishment.
87	87	(b) "City" means Kansas City, Kansas.
88	88	(c) "County" means Wyandotte county.
89	89	Sec. 3. K.S.A. 12-360 is hereby amended to read as follows: 12-360.
90	90	As used in K.S.A. 12-361 12-363 through 12-367, and amendments
91	91	thereto:
92	92	(a) "Commission" means the unification commission appointed
93	93	pursuant to K.S.A. 12-361, and amendments thereto prior to its repeal.
94	94	(b) "City" means any city located in Greeley county.
95	95	(c) "County" means Greeley county.
96	96	Sec. 4. K.S.A. 45-229 is hereby amended to read as follows: 45-229.
97	97	(a) It is the intent of the legislature that exceptions to disclosure under the
98	98	open records act shall be created or maintained only if:
99	99	(1) The public record is of a sensitive or personal nature concerning
100	100	individuals;
101	101	(2) the public record is necessary for the effective and efficient
102	102	administration of a governmental program; or
103	103	(3) the public record affects confidential information.
104	104	The maintenance or creation of an exception to disclosure must be
105	105	compelled as measured by these criteria. Further, the legislature finds that
106	106	the public has a right to have access to public records unless the criteria in
107	107	this section for restricting such access to a public record are met and the
108	108	criteria are considered during legislative review in connection with the
109	109	particular exception to disclosure to be significant enough to override the
110	110	strong public policy of open government. To strengthen the policy of open
111	111	government, the legislature shall consider the criteria in this section before
112	112	enacting an exception to disclosure.
113	113	(b) Subject to the provisions of subsections (g) and (h), any new
114	114	exception to disclosure or substantial amendment of an existing exception
115	115	shall expire on July 1 of the fifth year after enactment of the new
116	116	exception or substantial amendment, unless the legislature acts to continue
117	117	the exception. A law that enacts a new exception or substantially amends
118	118	an existing exception shall state that the exception expires at the end of
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162	162	five years and that the exception shall be reviewed by the legislature
163	163	before the scheduled date.
164	164	(c) For purposes of this section, an exception is substantially
165	165	amended if the amendment expands the scope of the exception to include
166	166	more records or information. An exception is not substantially amended if
167	167	the amendment narrows the scope of the exception.
168	168	(d) This section is not intended to repeal an exception that has been
169	169	amended following legislative review before the scheduled repeal of the
170	170	exception if the exception is not substantially amended as a result of the
171	171	review.
172	172	(e) In the year before the expiration of an exception, the revisor of
173	173	statutes shall certify to the president of the senate and the speaker of the
174	174	house of representatives, by July 15, the language and statutory citation of
175	175	each exception that will expire in the following year that meets the criteria
176	176	of an exception as defined in this section. Any exception that is not
177	177	identified and certified to the president of the senate and the speaker of the
178	178	house of representatives is not subject to legislative review and shall not
179	179	expire. If the revisor of statutes fails to certify an exception that the revisor
180	180	subsequently determines should have been certified, the revisor shall
181	181	include the exception in the following year's certification after that
182	182	determination.
183	183	(f) "Exception" means any provision of law that creates an exception
184	184	to disclosure or limits disclosure under the open records act pursuant to
185	185	K.S.A. 45-221, and amendments thereto, or pursuant to any other
186	186	provision of law.
187	187	(g) A provision of law that creates or amends an exception to
188	188	disclosure under the open records law shall not be subject to review and
189	189	expiration under this act if such provision:
190	190	(1) Is required by federal law;
191	191	(2) applies solely to the legislature or to the state court system;
192	192	(3) has been reviewed and continued in existence twice by the
193	193	legislature; or
194	194	(4) has been reviewed and continued in existence by the legislature
195	195	during the 2013 legislative session and thereafter.
196	196	(h) (1) The legislature shall review the exception before its scheduled
197	197	expiration and consider as part of the review process the following:
198	198	(A) What specific records are affected by the exception;
199	199	(B) whom does the exception uniquely affect, as opposed to the
200	200	general public;
201	201	(C) what is the identifiable public purpose or goal of the exception;
202	202	(D) whether the information contained in the records may be obtained
203	203	readily by alternative means and how it may be obtained;
204	204	(2) an exception may be created or maintained only if it serves an
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248	248	identifiable public purpose and may be no broader than is necessary to
249	249	meet the public purpose it serves. An identifiable public purpose is served
250	250	if the legislature finds that the purpose is sufficiently compelling to
251	251	override the strong public policy of open government and cannot be
252	252	accomplished without the exception and if the exception:
253	253	(A) Allows the effective and efficient administration of a
254	254	governmental program that would be significantly impaired without the
255	255	exception;
256	256	(B) protects information of a sensitive personal nature concerning
257	257	individuals, the release of such information would be defamatory to such
258	258	individuals or cause unwarranted damage to the good name or reputation
259	259	of such individuals or would jeopardize the safety of such individuals.
260	260	Only information that would identify the individuals may be excepted
261	261	under this paragraph; or
262	262	(C) protects information of a confidential nature concerning entities,
263	263	including, but not limited to, a formula, pattern, device, combination of
264	264	devices, or compilation of information that is used to protect or further a
265	265	business advantage over those who do not know or use it, if the disclosure
266	266	of such information would injure the affected entity in the marketplace.
267	267	(3) Records made before the date of the expiration of an exception
268	268	shall be subject to disclosure as otherwise provided by law. In deciding
269	269	whether the records shall be made public, the legislature shall consider
270	270	whether the damage or loss to persons or entities uniquely affected by the
271	271	exception of the type specified in paragraph (2)(B) or (2)(C) would occur
272	272	if the records were made public.
273	273	(i) (1) Exceptions contained in the following statutes as continued in
274	274	existence in section 2 of chapter 126 of the 2005 Session Laws of Kansas
275	275	and that have been reviewed and continued in existence twice by the
276	276	legislature as provided in subsection (g) are hereby continued in existence:
277	277	1-401, 2-1202, 5-512, 9-1137, 9-1712, 9-2217, 10-630, 12-189, 12-1,108,
278	278	12-1694, 12-1698, 12-2819, 12-4516, 16-715, 16a-2-304, 17-1312e, 17-
279	279	2227, 17-5832, 17-7511, 17-76,139, 19-4321, 21-2511, 22-3711, 22-4707,
280	280	22-4909, 22a-243, 22a-244, 23-605, 23-9,312, 25-4161, 25-4165, 31-405,
281	281	34-251, 38-2212, 39-709b, 39-719e, 39-934, 39-1434, 39-1704, 40-222,
282	282	40-2,156, 40-2c20, 40-2c21, 40-2d20, 40-2d21, 40-409, 40-956, 40-1128,
283	283	40-2807, 40-3012, 40-3304, 40-3308, 40-3403b, 40-3421, 40-3613, 40-
284	284	3805, 40-4205, 44-510j, 44-550b, 44-594, 44-635, 44-714, 44-817, 44-
285	285	1005, 44-1019, 45-221(a)(1) through (43), 46-256, 46-259, 46-2201, 47-
286	286	839, 47-844, 47-849, 47-1709, 48-1614, 49-406, 49-427, 55-1,102, 58-
287	287	4114, 59-2135, 59-2802, 59-2979, 59-29b79, 60-3333, 60-3336, 65-102b,
288	288	65-118, 65-119, 65-153f, 65-170g, 65-177, 65-1,106, 65-1,113, 65-1,116,
289	289	65-1,157a, 65-1,163, 65-1,165, 65-1,168, 65-1,169, 65-1,171, 65-1,172,
290	290	65-436, 65-445, 65-507, 65-525, 65-531, 65-657, 65-1135, 65-1467, 65-
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334	334	1627, 65-1831, 65-2422d, 65-2438, 65-2836, 65-2839a, 65-2898a, 65-
335	335	3015, 65-3447, 65-34,108, 65-34,126, 65-4019, 65-4922, 65-4925, 65-
336	336	5602, 65-5603, 65-6002, 65-6003, 65-6004, 65-6010, 65-67a05, 65-6803,
337	337	65-6804, 66-101c, 66-117, 66-151, 66-1,190, 66-1,203, 66-1220a, 66-
338	338	2010, 72-2232, 72-3438, 72-6116, 72-6267, 72-9934, 73-1228, 74-2424,
339	339	74-2433f, 74-32,419, 74-4905, 74-4909, 74-50,131, 74-5515, 74-7308, 74-
340	340	7338, 74-8104, 74-8307, 74-8705, 74-8804, 74-9805, 75-104, 75-712, 75-
341	341	7b15, 75-1267, 75-2943, 75-4332, 75-4362, 75-5133, 75-5266, 75-5665,
342	342	75-5666, 75-7310, 76-355, 76-359, 76-493, 76-12b11, 76-12c03, 76-3305,
343	343	79-1119, 79-1437f, 79-3234, 79-3395, 79-3420, 79-3499, 79-34,113, 79-
344	344	3614, 79-3657, 79-4301 and 79-5206.
345	345	(2) Exceptions contained in the following statutes as certified by the
346	346	revisor of statutes to the president of the senate and the speaker of the
347	347	house of representatives pursuant to subsection (e) and that have been
348	348	reviewed during the 2015 legislative session and continued in existence by
349	349	the legislature as provided in subsection (g) are hereby continued in
350	350	existence: 17-2036, 40-5301, 45-221(a)(45), (46) and (49), 48-16a10, 58-
351	351	4616, 60-3351, 72-3415, 74-50,217 and 75-53,105.
352	352	(j) (1) Exceptions contained in the following statutes as continued in
353	353	existence in section 1 of chapter 87 of the 2006 Session Laws of Kansas
354	354	and that have been reviewed and continued in existence twice by the
355	355	legislature as provided in subsection (g) are hereby continued in existence:
356	356	1-501, 9-1303, 12-4516a, 39-970, 65-525, 65-5117, 65-6016, 65-6017 and
357	357	74-7508.
358	358	(2) Exceptions contained in the following statutes as certified by the
359	359	revisor of statutes to the president of the senate and the speaker of the
360	360	house of representatives pursuant to subsection (e) during 2015 and that
361	361	have been reviewed during the 2016 legislative session are hereby
362	362	continued in existence: 12-5611, 22-4906, 22-4909, 38-2310, 38-2311, 38-
363	363	2326, 40-955, 44-1132, 45-221(a)(10)(F) and (a)(50), 60-3333, 65-4a05,
364	364	65-445(g), 65-6154, 71-218, 75-457, 75-712c, 75-723 and 75-7c06.
365	365	(k) Exceptions contained in the following statutes as certified by the
366	366	revisor of statutes to the president of the senate and the speaker of the
367	367	house of representatives pursuant to subsection (e) and that have been
368	368	reviewed during the 2014 legislative session and continued in existence by
369	369	the legislature as provided in subsection (g) are hereby continued in
370	370	existence: 1-205, 2-2204, 8-240, 8-247, 8-255c, 8-1324, 8-1325, 12-
371	371	17,150, 12-2001, 17-12a607, 38-1008, 38-2209, 40-5006, 40-5108, 41-
372	372	2905, 41-2906, 44-706, 44-1518, 45-221(a)(44), (45), (46), (47) and (48),
373	373	50-6a11, 65-1,243, 65-16,104, 65-3239, 74-50,184, 74-8134, 74-99b06,
374	374	77-503a and 82a-2210.
375	375	(l) Exceptions contained in the following statutes as certified by the
376	376	revisor of statutes to the president of the senate and the speaker of the
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420	420	house of representatives pursuant to subsection (e) during 2016 and that
421	421	have been reviewed during the 2017 legislative session are hereby
422	422	continued in existence: 12-5711, 21-2511, 22-4909, 38-2313, 45-221(a)
423	423	(51) and (52), 65-516, 65-1505, 74-2012, 74-5607, 74-8745, 74-8752, 74-
424	424	8772, 75-7d01, 75-7d05, 75-5133, 75-7427 and 79-3234.
425	425	(m) Exceptions contained in the following statutes as certified by the
426	426	revisor of statutes to the president of the senate and the speaker of the
427	427	house of representatives pursuant to subsection (e) during 2012 and that
428	428	have been reviewed during the 2013 legislative session and continued in
429	429	existence by the legislature as provided in subsection (g) are hereby
430	430	continued in existence: 12-5811, 40-222, 40-223j, 40-5007a, 40-5009a,
431	431	40-5012a, 65-1685, 65-1695, 65-2838a, 66-1251, 66-1805, 72-8268, 75-
432	432	712 and 75-5366.
433	433	(n) Exceptions contained in the following statutes as certified by the
434	434	revisor of statutes to the president of the senate and the speaker of the
435	435	house of representatives pursuant to subsection (e) and that have been
436	436	reviewed during the 2018 legislative session are hereby continued in
437	437	existence: 9-513c(c)(2), 39-709, 45-221(a)(26), (53) and (54), 65-6832,
438	438	65-6834, 75-7c06 and 75-7c20.
439	439	(o) Exceptions contained in the following statutes as certified by the
440	440	revisor of statutes to the president of the senate and the speaker of the
441	441	house of representatives pursuant to subsection (e) that have been
442	442	reviewed during the 2019 legislative session are hereby continued in
443	443	existence: 21-2511(h)(2), 21-5905(a)(7), 22-2302(b) and (c), 22-2502(d)
444	444	and (e), 40-222(k)(7), 44-714(e), 45-221(a)(55), 46-1106(g) regarding 46-
445	445	1106(i), 65-2836(i), 65-2839a(c), 65-2842(d), 65-28a05(n), article 6(d) of
446	446	65-6230, 72-6314(a) and 74-7047(b).
447	447	(p) Exceptions contained in the following statutes as certified by the
448	448	revisor of statutes to the president of the senate and the speaker of the
449	449	house of representatives pursuant to subsection (e) that have been
450	450	reviewed during the 2020 legislative session are hereby continued in
451	451	existence: 38-2310(c), 40-409(j)(2), 40-6007(a), 45-221(a)(52), 46-1129,
452	452	59-29a22(b)(10) and 65-6747.
453	453	(q) Exceptions contained in the following statutes as certified by the
454	454	revisor of statutes to the president of the senate and the speaker of the
455	455	house of representatives pursuant to subsection (e) that have been
456	456	reviewed during the 2021 legislative session are hereby continued in
457	457	existence: 22-2302(c)(4)(J) and (c)(6)(B), 22-2502(e)(4)(J) and (e)(6)(B)
458	458	and 65-6111(d)(4).
459	459	Sec. 5. K.S.A. 2022 Supp. 65-4915 is hereby amended to read as
460	460	follows: 65-4915. (a) As used in this section:
461	461	(1) "Healthcare provider" means: (A) Those persons and entities
462	462	defined as a healthcare provider under K.S.A. 40-3401, and amendments
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506	506	thereto; and (B) a dentist licensed by the Kansas dental board, a dental
507	507	hygienist licensed by the Kansas dental board, a professional nurse
508	508	licensed by the board of nursing, a practical nurse licensed by the board of
509	509	nursing, a mental health technician licensed by the board of nursing, a
510	510	physical therapist licensed by the state board of healing arts, a physical
511	511	therapist assistant certified by the state board of healing arts, an
512	512	occupational therapist licensed by the state board of healing arts, an
513	513	occupational therapy assistant licensed by the state board of healing arts, a
514	514	respiratory therapist licensed by the state board of healing arts, a physician
515	515	assistant licensed by the state board of healing arts and emergency medical
516	516	service provider and ambulance services certified by the emergency
517	517	medical services board.
518	518	(2) "Healthcare provider group" means:
519	519	(A) A state or local association of healthcare providers or one or more
520	520	committees thereof;
521	521	(B) the board of governors created under K.S.A. 40-3403, and
522	522	amendments thereto;
523	523	(C) an organization of healthcare providers formed pursuant to state
524	524	or federal law and authorized to evaluate medical and healthcare services;
525	525	(D) a review committee operating pursuant to K.S.A. 65-2840c, and
526	526	amendments thereto;
527	527	(E) an organized medical staff of a licensed medical care facility as
528	528	defined by K.S.A. 65-425, and amendments thereto, an organized medical
529	529	staff of a private psychiatric hospital licensed under K.S.A. 39-2001 et
530	530	seq., and amendments thereto, or an organized medical staff of a state
531	531	psychiatric hospital or state institution for people with intellectual
532	532	disability, as follows: Larned state hospital, Osawatomie state hospital,
533	533	Rainbow mental health facility, Kansas neurological institute and Parsons
534	534	state hospital and training center;
535	535	(F)(E) a healthcare provider;
536	536	(G)(F) a professional society of healthcare providers or one or more
537	537	committees thereof;
538	538	(H)(G) a Kansas corporation whose stockholders or members are
539	539	healthcare providers or an association of healthcare providers, which
540	540	corporation evaluates medical and healthcare services;
541	541	(I)(H) an insurance company, health maintenance organization or
542	542	administrator of a health benefits plan that engages in any of the functions
543	543	defined as peer review under this section; or
544	544	(J)(I) the university of Kansas medical center.
545	545	(3) "Peer review" means any of the following functions:
546	546	(A) Evaluate and improve the quality of healthcare services rendered
547	547	by healthcare providers;
548	548	(B) determine that health services rendered were professionally
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592	592	indicated or were performed in compliance with the applicable standard of
593	593	care;
594	594	(C) determine that the cost of healthcare rendered was considered
595	595	reasonable by the providers of professional health services in this area;
596	596	(D) evaluate the qualifications, competence and performance of the
597	597	providers of healthcare or to act upon matters relating to the discipline of
598	598	any individual provider of healthcare;
599	599	(E) reduce morbidity or mortality;
600	600	(F) establish and enforce guidelines designed to keep within
601	601	reasonable bounds the cost of healthcare;
602	602	(G) conduct of research;
603	603	(H) determine if a hospital's facilities are being properly utilized;
604	604	(I) supervise, discipline, admit, determine privileges or control
605	605	members of a hospital's medical staff;
606	606	(J) review the professional qualifications or activities of healthcare
607	607	providers;
608	608	(K) evaluate the quantity, quality and timeliness of healthcare
609	609	services rendered to patients in the facility;
610	610	(L) evaluate, review or improve methods, procedures or treatments
611	611	being utilized by the medical care facility or by healthcare providers in a
612	612	facility rendering healthcare.
613	613	(4) "Peer review officer or committee" means:
614	614	(A) An individual employed, designated or appointed by, or a
615	615	committee of or employed, designated or appointed by, a healthcare
616	616	provider group and authorized to perform peer review; or
617	617	(B) a healthcare provider monitoring the delivery of healthcare at
618	618	correctional institutions under the jurisdiction of the secretary of
619	619	corrections.
620	620	(b) Except as provided by K.S.A. 60-437, and amendments thereto,
621	621	and by subsections (c) and (d), the reports, statements, memoranda,
622	622	proceedings, findings and other records submitted to or generated by peer
623	623	review committees or officers shall be privileged and shall not be subject
624	624	to discovery, subpoena or other means of legal compulsion for their release
625	625	to any person or entity or be admissible in evidence in any judicial or
626	626	administrative proceeding. Information contained in such records shall not
627	627	be discoverable or admissible at trial in the form of testimony by an
628	628	individual who participated in the peer review process. The peer review
629	629	officer or committee creating or initially receiving the record is the holder
630	630	of the privilege established by this section. This privilege may be claimed
631	631	by the legal entity creating the peer review committee or officer, or by the
632	632	commissioner of insurance for any records or proceedings of the board of
633	633	governors.
634	634	(c) Subsection (b) shall not apply to proceedings in which a
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678	678	healthcare provider contests the revocation, denial, restriction or
679	679	termination of staff privileges or the license, registration, certification or
680	680	other authorization to practice of the healthcare provider. A licensing
681	681	agency in conducting a disciplinary proceeding in which admission of any
682	682	peer review committee report, record or testimony is proposed shall hold
683	683	the hearing in closed session when any such report, record or testimony is
684	684	disclosed. Unless otherwise provided by law, a licensing agency
685	685	conducting a disciplinary proceeding may close only that portion of the
686	686	hearing in which disclosure of a report or record privileged under this
687	687	section is proposed. In closing a portion of a hearing as provided by this
688	688	section, the presiding officer may exclude any person from the hearing
689	689	location except the licensee, the licensee's attorney, the agency's attorney,
690	690	the witness, the court reporter and appropriate staff support for either
691	691	counsel. The licensing agency shall make the portions of the agency record
692	692	in which such report or record is disclosed subject to a protective order
693	693	prohibiting further disclosure of such report or record. Such report or
694	694	record shall not be subject to discovery, subpoena or other means of legal
695	695	compulsion for their release to any person or entity. No person in
696	696	attendance at a closed portion of a disciplinary proceeding shall at a
697	697	subsequent civil, criminal or administrative hearing, be required to testify
698	698	regarding the existence or content of a report or record privileged under
699	699	this section that was disclosed in a closed portion of a hearing, nor shall
700	700	such testimony be admitted into evidence in any subsequent civil, criminal
701	701	or administrative hearing. A licensing agency conducting a disciplinary
702	702	proceeding may review peer review committee records, testimony or
703	703	reports but must prove its findings with independently obtained testimony
704	704	or records that shall be presented as part of the disciplinary proceeding in
705	705	open meeting of the licensing agency. Offering such testimony or records
706	706	in an open public hearing shall not be deemed a waiver of the peer review
707	707	privilege relating to any peer review committee testimony, records or
708	708	report.
709	709	(d) Nothing in this section shall limit the authority that may otherwise
710	710	be provided by law of the commissioner of insurance, the state board of
711	711	healing arts or other healthcare provider licensing or disciplinary boards of
712	712	this state to require a peer review committee or officer to report to it any
713	713	disciplinary action or recommendation of such committee or officer; to
714	714	transfer to it records of such committee's or officer's proceedings or actions
715	715	to restrict or revoke the license, registration, certification or other
716	716	authorization to practice of a healthcare provider; or to terminate the
717	717	liability of the fund for all claims against a specific healthcare provider for
718	718	damages for death or personal injury pursuant to K.S.A. 40-3403(i), and
719	719	amendments thereto. Reports and records so furnished shall not be subject
720	720	to discovery, subpoena or other means of legal compulsion for their release
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764	764	to any person or entity and shall not be admissible in evidence in any
765	765	judicial or administrative proceeding other than a disciplinary proceeding
766	766	by the state board of healing arts or other healthcare provider licensing or
767	767	disciplinary boards of this state.
768	768	(e) A peer review committee or officer may report to and discuss its
769	769	activities, information and findings to other peer review committees or
770	770	officers or to a board of directors or an administrative officer of a
771	771	healthcare provider without waiver of the privilege provided by subsection
772	772	(b) and the records of all such committees or officers relating to such
773	773	report shall be privileged as provided by subsection (b).
774	774	(f) Nothing in this section shall be construed to prevent an insured
775	775	from obtaining information pertaining to payment of benefits under a
776	776	contract with an insurance company, a health maintenance organization or
777	777	an administrator of a health benefits plan.
778	778	Sec. 6. K.S.A. 65-5702 is hereby amended to read as follows: 65-
779	779	5702. As used in this act:
780	780	(a) "Commission" means the state emergency response commission
781	781	on emergency planning and response created by K.S.A. 65-5703 65-5721,
782	782	and amendments thereto.
783	783	(b) "Federal act" means the federal emergency planning and
784	784	community right-to-know act of 1986 (Title III, P.L. 99-499).
785	785	Sec. 7. K.S.A. 65-5728 is hereby amended to read as follows: 65-
786	786	5728. (a) Except as otherwise provided by this order, the powers, duties,
787	787	and functions of the adjutant general and secretary of health and
788	788	environment related to approval of local planning districts as provided by
789	789	K.S.A. 65-5703(f) 65-5722(f) and (g), and amendments thereto, are hereby
790	790	transferred to and conferred and imposed upon the commission on
791	791	emergency planning and response.
792	792	(b) Except as otherwise provided by this order, whenever the words
793	793	"adjutant general" or "secretary of health and environment" or words of
794	794	like effect are referred to or designated by a statute, rule and regulation,
795	795	contract or other document in connection with the powers, duties, and
796	796	functions transferred by this order from the adjutant general and the
797	797	secretary of health and environment to the commission on emergency
798	798	planning and response, the reference or designation shall be deemed to
799	799	apply to the commission on emergency planning and response.
800	800	(c) All rules and regulations, orders, and directives of the adjutant
801	801	general and of the secretary of health and environment relating to the
802	802	powers, duties, and functions transferred to the commission on emergency
803	803	planning and response by this order shall continue to be effective and shall
804	804	be deemed to be rules and regulations, orders, and directives of the
805	805	commission on emergency planning and response until revised, amended
806	806	or nullified pursuant to law.
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850	850	Sec. 8. K.S.A. 65-7406 is hereby amended to read as follows: 65-
851	851	7406. (a) Subject to appropriations, there is hereby established the primary
852	852	care safety net clinic loan guarantee fund in the state treasury for the
853	853	purposes of facilitating the financing for the acquisition and modernization
854	854	of primary care safety net clinics in Kansas and the refinancing of capital
855	855	improvements and acquisition and installation of equipment therefor. The
856	856	primary care safety net clinic loan guarantee fund shall be administered by
857	857	the secretary. All moneys in the primary care safety net clinic loan
858	858	guarantee fund shall be used to provide guarantees against capital loan
859	859	risks in accordance with this act and to pay for the administrative costs
860	860	associated with the act as may be certified by the secretary. All
861	861	expenditures from the primary care safety net clinic loan guarantee fund
862	862	shall be made in accordance with appropriations acts upon warrants of the
863	863	director of accounts and reports issued pursuant to vouchers approved by
864	864	the secretary or the secretary's designee.
865	865	(b) All fees and charges imposed by the secretary and other moneys
866	866	received by the secretary for the purposes of this act shall be remitted to
867	867	the state treasurer in accordance with the provisions of K.S.A. 75-4215,
868	868	and amendments thereto. Upon receipt of each such remittance, the state
869	869	treasurer shall deposit the entire amount in the state treasury to the credit
870	870	of the primary care safety net clinic loan guarantee fund.
871	871	(c) Upon certification by the secretary to the director of accounts and
872	872	reports that the unencumbered balance in the primary care safety net clinic
873	873	loan guarantee fund is insufficient to pay an amount for a loan guarantee
874	874	for which the fund is liable under this act, the director of accounts and
875	875	reports shall transfer an amount equal to the insufficiency from the state
876	876	general fund to the primary care safety net clinic loan guarantee fund. The
877	877	secretary shall transmit a copy of each such certification to the director of
878	878	the budget and to the director of legislative research at the same time that
879	879	the secretary submits a certification to the director of accounts and reports
880	880	under this subsection.
881	881	(d) On or before the 10
882	882	th
883	883	of each month, the director of accounts and
884	884	reports shall transfer from the state general fund to the primary care safety
885	885	net clinic loan guarantee fund interest earnings based on:
886	886	(1) The average daily balance of moneys in the Kansas export
887	887	primary care safety net clinic loan guarantee fund for the preceding
888	888	month; and
889	889	(2) the net earnings rate of the pooled money investment portfolio for
890	890	the preceding month.
891	891	Sec. 9. K.S.A. 66-2010 is hereby amended to read as follows: 66-
892	892	2010. (a) The commission shall utilize a competitive bidding process to
893	893	select a neutral, competent and bonded third party to administer the KUSF.
894	894	(b) The administrator shall be responsible for: (1) Collecting and
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938	938	auditing all relevant information from all qualifying telecommunications
939	939	public utilities, telecommunications carriers or wireless
940	940	telecommunications service providers receiving funds from or providing
941	941	funds to the KUSF; (2) verifying, based on the calculations of each
942	942	qualifying telecommunications carrier, telecommunications public utility
943	943	or wireless telecommunications service provider, the obligation of each
944	944	such qualifying carrier, utility or provider to generate the funds required by
945	945	the KUSF; (3) collecting all moneys due to the KUSF from all
946	946	telecommunications public utilities, telecommunications carriers and
947	947	wireless telecommunications service providers in the state; and (4)
948	948	distributing amounts on a monthly basis due to qualifying
949	949	telecommunications public utilities, wireless telecommunications service
950	950	providers and telecommunications carriers receiving KUSF funding.
951	951	(c) Any information made available or received by the administrator
952	952	from carriers, utilities or providers receiving funds from or providing
953	953	funds to the KUSF shall not be subject to any provisions of the Kansas
954	954	open records act and shall be considered confidential and proprietary.
955	955	(d) The administrator shall be authorized to maintain an action to
956	956	collect any funds owed by any telecommunications carrier, public utility or
957	957	wireless telecommunications provider in the district court in the county of
958	958	the registered office of such carrier, utility or provider or, if such carrier,
959	959	utility or provider does not have a registered office in the state, such an
960	960	action may be maintained in the county where such carrier's, utility's or
961	961	provider's principal office is located. If such carrier, utility or provider has
962	962	no principal office in the state, such an action may be maintained in the
963	963	district court of any county in which such carrier, utility or provider
964	964	provides service.
965	965	(e) (1) The KUSF administrator shall be responsible to ensure that
966	966	funds do not fall below the level necessary to pay all amounts collectively
967	967	owed to all qualifying telecommunications public utilities, wireless
968	968	telecommunications service providers and telecommunications carriers.
969	969	The administrator shall have the authority to retain and invest in a prudent
970	970	and reasonable manner any excess funds collected in any period to help
971	971	ensure that adequate funds are available to cover amounts payable in other
972	972	periods.
973	973	(2) Subject to the provisions of appropriations acts, for fiscal year
974	974	2013, the KUSF administrator may transfer moneys from the KUSF to the
975	975	state treasurer. Upon the receipt of any payment, the state treasurer shall
976	976	deposit the entire amount in the state treasury and credit it to the KAN-ED
977	977	fund. Any such payments shall be made after all payments required by
978	978	K.S.A. 66-2008, and amendments thereto, for the month are made from
979	979	the KUSF.
980	980	Sec. 10. K.S.A. 74-2916 is hereby amended to read as follows: 74-
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1024	1024	2916. (a) Notwithstanding the provisions of K.S.A. 74-5074, and
1025	1025	amendments thereto, on July 1, 2002, or as soon thereafter as moneys are
1026	1026	available, the secretary of commerce is authorized and directed to loan to
1027	1027	the director of the Kansas sports hall of fame $100,000 from the Kansas
1028	1028	export loan guarantee fund. The director of the Kansas sports hall of fame
1029	1029	is authorized and directed to use any moneys in the Kansas sports hall of
1030	1030	fame surcharge fund to provide for the ongoing expenses of the Kansas
1031	1031	sports hall of fame. Such loan shall not bear interest. Such loan shall not
1032	1032	be deemed to be an indebtedness or debt of the state of Kansas within the
1033	1033	meaning of section 6 of article 11 of the constitution of the state of Kansas.
1034	1034	(b) Upon certification by the secretary of commerce and by the
1035	1035	director of the Kansas sports hall of fame, the director of accounts and
1036	1036	reports shall transfer such amount from the Kansas export loan guarantee
1037	1037	fund to the Kansas sports hall of fame surcharge fund.
1038	1038	(c) The loan authorized pursuant to subsection (a) shall be repaid in
1039	1039	one payment payable on or before June 30, 2003, of $50,000, and one
1040	1040	payment payable on or before June 30, 2004, of $50,000.
1041	1041	(d) The state of Kansas sports hall of fame board of trustees, in
1042	1042	consultation with postsecondary educational institutions and the accredited
1043	1043	independent institutions, shall develop and implement a voluntary plan to
1044	1044	have such institutions participate in the raising of funds for the Kansas
1045	1045	sports hall of fame.
1046	1046	(e) Quarterly, during fiscal year 2003 and 2004, the state of Kansas
1047	1047	sports hall of fame board of trustees shall submit a report to the
1048	1048	chairperson of the legislative budget committee concerning the progress
1049	1049	and provisions of this act when the legislature is not in session and the
1050	1050	chairperson of the committee on appropriations of the house of
1051	1051	representatives and the chairperson of the committee on ways and means
1052	1052	of the senate when the legislature is in session.
1053	1053	(f)(b) "Postsecondary educational institution" means Kansas state
1054	1054	university, the university of Kansas, Wichita state university, Emporia state
1055	1055	university, Fort Hays state university, Pittsburg state university, Washburn
1056	1056	university and any community college.
1057	1057	Sec. 11. K.S.A. 74-5210 is hereby amended to read as follows: 74-
1058	1058	5210. (a) The Kansas arts commission created by K.S.A. 74-5202, and
1059	1059	amendments thereto prior to its repeal, and the Kansas film services
1060	1060	commission created by K.S.A. 74-9201, and amendments thereto prior to
1061	1061	its repeal, are hereby abolished.
1062	1062	(b) Except as otherwise provided by this act, all of the powers, duties
1063	1063	and functions of the existing Kansas arts commission and the Kansas film
1064	1064	services commission are hereby transferred to, conferred and imposed
1065	1065	upon the creative arts industries commission within the department of
1066	1066	commerce, established by this act.
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1109	1109	43 HB 2418 14
1110	1110	(c) Except as otherwise provided by this act, the creative arts
1111	1111	industries commission within the department of commerce established by
1112	1112	this act shall be the successor in every way to the powers, duties and
1113	1113	functions of the Kansas arts commission and the Kansas film services
1114	1114	commission in which the same were vested prior to the effective date of
1115	1115	this act. Every act performed in the exercise of such powers, duties and
1116	1116	functions by or under the authority of the creative arts industries
1117	1117	commission within the department of commerce established by this act
1118	1118	shall be deemed to have the same force and effect as if performed by the
1119	1119	Kansas arts commission and the Kansas film services commission in
1120	1120	which such powers, duties and functions were vested prior to the effective
1121	1121	date of this act.
1122	1122	(d) Except as otherwise provided by this act, whenever the Kansas
1123	1123	arts commission or the Kansas film services commission, or words of like
1124	1124	effect, are referred to or designated by a statute, contract or other
1125	1125	document, such reference or designation shall be deemed to apply to the
1126	1126	creative arts industries commission within the department of commerce
1127	1127	established by this act.
1128	1128	(e) All rules and regulations of the Kansas arts commission and the
1129	1129	Kansas film services commission in existence on the effective date of this
1130	1130	act shall continue to be effective and shall be deemed to be duly adopted
1131	1131	rules and regulations of the creative arts industries commission within the
1132	1132	department of commerce established by this act until revised, amended,
1133	1133	revoked or nullified pursuant to law.
1134	1134	(f) All orders and directives of the Kansas arts commission and the
1135	1135	Kansas film services commission in existence on the effective date of this
1136	1136	act shall continue to be effective and shall be deemed to be orders and
1137	1137	directives of the creative arts industries commission within the department
1138	1138	of commerce established by this act, until revised, amended, revoked or
1139	1139	nullified pursuant to law.
1140	1140	(g) On the effective date of this act, the creative arts industries
1141	1141	commission within the department of commerce shall succeed to whatever
1142	1142	right, title or interest the Kansas arts commission and the Kansas film
1143	1143	services commission have acquired in any real property in this state, and
1144	1144	the creative arts industries commission within the department of commerce
1145	1145	shall hold the same for and in the name of the state of Kansas. On and after
1146	1146	the effective date of this act, whenever any statute, contract, deed or other
1147	1147	document concerns the power or authority of the Kansas arts commission
1148	1148	or the Kansas film services commission to acquire, hold or dispose of real
1149	1149	property or any interest therein, the creative arts industries commission
1150	1150	within the department of commerce shall succeed to such power or
1151	1151	authority.
1152	1152	(h) The creative arts industries commission within the department of
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1196	1196	commerce established by this act shall be a continuation of the Kansas arts
1197	1197	commission and the Kansas film services commission.
1198	1198	(i) On the effective date of this act, all officers and employees who,
1199	1199	immediately prior to such date, were engaged in the performance of
1200	1200	powers, duties or functions of the Kansas arts commission and the Kansas
1201	1201	film services commission which are transferred by this act, or who become
1202	1202	a part of the creative arts industries commission within the department of
1203	1203	commerce, and who, in the opinion of the director of the creative arts
1204	1204	industries commission within the department of commerce, are necessary
1205	1205	to perform the powers, duties and functions of the creative arts industries
1206	1206	commission within the department of commerce, shall be transferred to,
1207	1207	and shall become officers and employees of the creative arts industries
1208	1208	commission within the department of commerce.
1209	1209	(j) Officers and employees of the Kansas arts commission and the
1210	1210	Kansas film services commission transferred by this act shall retain all
1211	1211	retirement benefits and leave balances and rights which had accrued or
1212	1212	vested prior to the date of transfer. The service of each such officer and
1213	1213	employee so transferred shall be deemed to have been continuous. All
1214	1214	transfers, layoffs or abolition of classified service positions under the
1215	1215	Kansas civil service act shall be made in accordance with the civil service
1216	1216	laws and any rule and regulation adopted thereunder. Nothing in this act
1217	1217	shall affect the classified status of any transferred person employed by the
1218	1218	Kansas arts commission and the Kansas film services commission prior to
1219	1219	the date of transfer.
1220	1220	(k) For the purposes of K.S.A. 12-2536, and amendments thereto, the
1221	1221	creative arts industries commission within the department of commerce,
1222	1222	instead of the Kansas arts commission, shall provide an appointee to serve
1223	1223	on the metropolitan culture commission.
1224	1224	Sec. 12. K.S.A. 74-6603 is hereby amended to read as follows: 74-
1225	1225	6603. As used in this act, the following words and terms shall have the
1226	1226	meanings ascribed to them in this section, unless the context shall indicate
1227	1227	another or different meaning or intent:
1228	1228	(a) "Natural and scientific area" means an area of land or water in
1229	1229	public or private ownership which either retains to some degree its
1230	1230	primeval character, though it need not be completely natural and
1231	1231	undisturbed, or has natural flora, fauna, ecological, geological, historical
1232	1232	or archeological features of scientific or educational interest.
1233	1233	(b) "Natural and scientific preserve" means a natural or scientific area
1234	1234	which is formally dedicated under the provisions of this act to be
1235	1235	maintained as nearly as possible in its natural condition and to be used in a
1236	1236	manner and under limitations consistent with its continued preservation,
1237	1237	without impairment, disturbance, or artificial development except that
1238	1238	deemed necessary for scientific research, education, or public
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1282	1282	interpretation of the area.
1283	1283	(c) "Board" means the natural and scientific areas advisory board
1284	1284	created by K.S.A. 74-6614.
1285	1285	Sec. 13. K.S.A. 74-6609 is hereby amended to read as follows: 74-
1286	1286	6609. A natural or scientific area which has been found by the board to be
1287	1287	suitable for inclusion in the system shall become a natural and scientific
1288	1288	preserve upon its dedication by the owner of the land or of an interest or a
1289	1289	right therein, with the approval of the state biological survey. The
1290	1290	dedication shall be evidenced by articles of dedication which shall be in
1291	1291	such form as the state biological survey may approve. The articles of
1292	1292	dedication may, consistent with the purposes of this act, define the
1293	1293	respective rights and duties of the owner or custodian and the state
1294	1294	biological survey; contain provisions relating to management,
1295	1295	development use, public access, sale or transfer; provide or create
1296	1296	reversionary rights; contain such other provisions as may be necessary or
1297	1297	advisable; and vary in provisions from one natural and scientific preserve
1298	1298	to another.
1299	1299	Sec. 14. K.S.A. 74-72,123 is hereby amended to read as follows: 74-
1300	1300	72,123. (a) As used in the Kansas taxpayer transparency act:
1301	1301	(1) "Searchable website" means a website that allows the public to
1302	1302	search and aggregate the information identified in subsection (b) including
1303	1303	requirements that the website offer the public the ability to efficiently
1304	1304	search and display data, and ascertain the total amounts of revenues and
1305	1305	expenditures (A) of funds established within the state treasury in an
1306	1306	aggregate or summary form in a manner determined by the secretary of
1307	1307	administration, (B) of compensation paid to public employees employed
1308	1308	by state agencies, and (C) of bond debt as specified in this act.
1309	1309	(2) "Agency" means any entity or instrumentality of the state of
1310	1310	Kansas as defined in K.S.A. 75-3701, and amendments thereto, and any
1311	1311	other entity or instrumentality delegated statutory authority by the
1312	1312	legislature to issue bonds and to collect revenue for the purpose of
1313	1313	repaying bonds issued under authority delegated by statute.
1314	1314	(3) "Board" means the public finance transparency board.
1315	1315	(b) No later than March 1, 2009, The secretary of administration shall
1316	1316	develop and operate a single, searchable website accessible by the public
1317	1317	at no cost to access, that includes:
1318	1318	(1) Annual expenditures, as determined by the secretary of
1319	1319	administration and as available within the central accounting system and
1320	1320	state payroll system, shall include, but not be limited to:
1321	1321	(A) Disbursements by any state agency from funds established within
1322	1322	the state treasury;
1323	1323	(B) bond debt payments;
1324	1324	(C) salaries and wages including, but not limited to, compensation
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1368	1368	paid to individual employees of state agencies;
1369	1369	(D) contractual services including, but not limited to, amounts paid to
1370	1370	individual vendors;
1371	1371	(E) commodities including, but not limited to, amounts paid to
1372	1372	individual vendors;
1373	1373	(F) capital outlay including, but not limited to, amounts paid to
1374	1374	individual vendors;
1375	1375	(G) debt service including, but not limited to, amounts of bond
1376	1376	interest paid and sources of funds paid for individual bond issues;
1377	1377	(H) aid to local units including, but not limited to, amounts paid to
1378	1378	individual units of government for individually identifiable aid programs;
1379	1379	(I) other assistance and benefits;
1380	1380	(J) capital improvements including, but not limited to, amounts of
1381	1381	bond principal paid and sources of funds paid for individual bond issues;
1382	1382	and
1383	1383	(K) tax expenditures as reported by the secretary of revenue in the
1384	1384	annual tax expenditure report.
1385	1385	(2) Annual revenues, as determined by the secretary of administration
1386	1386	and as available within the central accounting system, shall include, but
1387	1387	not be limited to:
1388	1388	(A) Receipts or deposits by any state agency into funds established
1389	1389	within the state treasury;
1390	1390	(B) taxes including, but not limited to, compulsory contributions
1391	1391	imposed by the state for the purpose of financing services;
1392	1392	(C) agency earnings including, but not limited to, amounts collected
1393	1393	by each agency for merchandise sold, services performed, licenses and
1394	1394	permits issued, or regulation;
1395	1395	(D) revenue for the use of money and property including, but not
1396	1396	limited to, amounts received for compensation for the use of state-owned
1397	1397	money and property;
1398	1398	(E) gifts, donations and federal grants including, but not limited to,
1399	1399	amounts received from public and private entities to aid in support of a
1400	1400	specific function or other governmental activity;
1401	1401	(F) other revenue including, but not limited to, receipts not classified
1402	1402	elsewhere; and
1403	1403	(G) non-revenue receipts including, but not limited to, all receipts that
1404	1404	do not constitute revenue.
1405	1405	(3) Annual bonded indebtedness which shall include, but not be
1406	1406	limited to the amount of the total original obligation stated in terms of
1407	1407	principal and interest, the term of the obligation, the source of funding for
1408	1408	repayment of the obligation, the amounts of principal and interest
1409	1409	previously paid to reduce the obligation, the balance remaining of the
1410	1410	obligation, any refinancing of the obligation, and the cited statutory
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1454	1454	authority to issue such bonds.
1455	1455	(4) Any other relevant information specified by the secretary of
1456	1456	administration after consulting with and seeking the advice of the public
1457	1457	finance transparency board as established in K.S.A. 74-72,124, and
1458	1458	amendments thereto.
1459	1459	(c) The single website provided for in subsection (b) of this section
1460	1460	shall include data for fiscal year 2003 and each fiscal year thereafter. The
1461	1461	website shall be designed so that such data shall be retained on the single
1462	1462	website for not less than 10 years and shall include data for the most recent
1463	1463	fiscal years. Data that is available in the central accounting system and
1464	1464	state payroll system shall be on the single website as soon as possible, but
1465	1465	not later than 45 days after the last day of the preceding fiscal year. The
1466	1466	secretary of administration shall develop policies and procedures to make
1467	1467	data available from any other source. Nothing in this act shall require the
1468	1468	secretary of administration to provide information on the website that is
1469	1469	not available in the central accounting system and the state payroll system
1470	1470	at the time of initial implementation of the website. After implementation
1471	1471	of the initial website, the public finance transparency board shall advise
1472	1472	the secretary of administration on incorporating additional information
1473	1473	described by this act from any other source of information available to the
1474	1474	secretary of administration including information submitted by state
1475	1475	agencies pursuant to subsection (d) of this section.
1476	1476	(d) Any state agency shall provide, at the request of the secretary of
1477	1477	administration, such information as is necessary to accomplish the
1478	1478	purposes of this act.
1479	1479	(e) Nothing in this act shall permit or require the disclosure of
1480	1480	information which is considered confidential by state or federal law.
1481	1481	Sec. 15. K.S.A. 74-99b03 is hereby amended to read as follows: 74-
1482	1482	99b03. As used in the bioscience authority act, and amendments thereto,
1483	1483	the following words and phrases shall have the following meanings unless
1484	1484	a different meaning clearly appears from the content:
1485	1485	(a) "Authority" means the Kansas bioscience authority created by this
1486	1486	act department of commerce.
1487	1487	(b) "Authority employee" means an employee of the authority who
1488	1488	performs services for the authority and whose salary is paid in whole or in
1489	1489	part by the authority. An authority employee will not be considered to be a
1490	1490	state employee, as such term is defined in this act or in any other statute or
1491	1491	regulation.
1492	1492	(c) "Bioscience" means the use of compositions, methods and
1493	1493	organisms in cellular and molecular research, development and
1494	1494	manufacturing processes for such diverse areas as pharmaceuticals,
1495	1495	medical therapeutics, medical diagnostics, medical devices, medical
1496	1496	instruments, biochemistry, microbiology, veterinary medicine, plant
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1540	1540	biology, agriculture and industrial, environmental, and homeland security
1541	1541	applications of bioscience, and future developments in the biosciences.
1542	1542	Bioscience includes biotechnology and life sciences.
1543	1543	(d)(c) "Bioscience company" means a corporation, limited liability
1544	1544	company, S corporation, partnership, registered limited liability
1545	1545	partnership, foundation, association, nonprofit entity, sole proprietorship,
1546	1546	business trust, person, group, or other entity that is engaged in the business
1547	1547	of bioscience in the state and has business operations in the state,
1548	1548	including, without limitation, research, development, or production
1549	1549	directed towards developing or providing bioscience products or processes
1550	1550	for specific commercial or public purposes and are identified by the
1551	1551	following NAICS codes: 325411, 325412, 325413, 325414, 325193,
1552	1552	325199, 325311, 32532, 334516, 339111, 339112, 339113, 334510,
1553	1553	334517, 339115, 621511, 621512, 54171, 54138, 54194.
1554	1554	(e)(d) "Bioscience development project" means an approved project
1555	1555	to implement a project plan in a bioscience development district.
1556	1556	(f)(e) "Bioscience research" means any investigation for the
1557	1557	advancement of scientific or technological knowledge of bioscience and
1558	1558	any activity that seeks to utilize, synthesize, or apply existing knowledge,
1559	1559	information or resources to the resolution of a specific problem, question
1560	1560	or issue of bioscience.
1561	1561	(g)(f) "Bioscience research institutions" means all universities and
1562	1562	colleges located in the state of Kansas conducting bioscience research.
1563	1563	(h)(g) "Biotechnology" means those fields focusing on technological
1564	1564	developments in such areas as molecular biology, genetic engineering,
1565	1565	genomics, proteomics, physiomics, nanotechnology, biodefense,
1566	1566	biocomputing and bioinformatics.
1567	1567	(i)(h) "Board" means the board of directors of the authority created
1568	1568	by this act department of commerce.
1569	1569	(j)(i) "Bonds" has the same meaning means the same as in K.S.A. 74-
1570	1570	8902, and amendments thereto.
1571	1571	(k)(j) "Bioscience development and investment fund" means the fund
1572	1572	created by K.S.A. 74-99b34, and amendments thereto.
1573	1573	(l)(k) "Eminent scholar" means world-class, distinguished and
1574	1574	established investigators recognized nationally for their research,
1575	1575	achievements and ability to garner significant federal funding on an annual
1576	1576	basis. Eminent scholars are recognized for their scientific knowledge and
1577	1577	entrepreneurial spirit to enhance the innovative research that leads to
1578	1578	economic gains. Eminent scholars are either members of or likely
1579	1579	candidates for the national academy of sciences or other prominent
1580	1580	national academic science organizations.
1581	1581	(m)(l) "Life sciences" means the areas of medical sciences,
1582	1582	pharmaceutical sciences, biological sciences, zoology, botany, horticulture,
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1626	1626	ecology, toxicology, organic chemistry, physical chemistry, physiology and
1627	1627	any future advances associated with life sciences.
1628	1628	(n)(m) "NAICS" means the north American industry classification
1629	1629	system.
1630	1630	(o)(n) "NISTAC" means the national institute for strategic technology
1631	1631	acquisition and commercialization.
1632	1632	(p)(o) "President" or "secretary" means the chief executive officer of
1633	1633	the authority secretary of commerce.
1634	1634	(q)(p) "Principal operation" means the operation of the authority
1635	1635	requiring at least 75% of the total number of employees at all times.
1636	1636	(r)(q) "Qualified company" means a Kansas company conducting
1637	1637	bioscience research and development that may be granted a funding
1638	1638	voucher.
1639	1639	(s)(r) "Rising star scholar" means up-and-coming distinguished
1640	1640	investigators growing in their national reputations in their fields, who are
1641	1641	active and demonstrate leadership in their associated professional
1642	1642	societies, and who attract significant federal research grant support. Rising
1643	1643	star scholars would be likely candidates for the national academy of
1644	1644	sciences or other prominent national academic science organizations in the
1645	1645	future.
1646	1646	(t)(s) "State" means the state of Kansas.
1647	1647	(u)(t) "State employee" means a person employed by the state of
1648	1648	Kansas whether or not a classified or unclassified employee in the state
1649	1649	personnel system. Authority employees shall not be considered state
1650	1650	employees, as such term is defined in this act or in any other statute or rule
1651	1651	and regulation.
1652	1652	(v)(u) "State universities" includes state educational institutions as
1653	1653	defined in K.S.A. 76-711, and amendments thereto, and the municipal
1654	1654	university as defined in K.S.A. 74-3201b, and amendments thereto.
1655	1655	(w)(v) "Taxpayer" means a person, corporation, limited liability
1656	1656	company, S corporation, partnership, registered limited liability
1657	1657	partnership, foundation, association, nonprofit entity, sole proprietorship,
1658	1658	business trust, group or other entity that is subject to the Kansas income
1659	1659	tax act K.S.A. 79-3201 et seq., and amendments thereto.
1660	1660	(x)(w) "Technology transfer" means, without limitation, assisting with
1661	1661	filing patent applications, executing licenses, paying maintenance fees and
1662	1662	managing the finance, production, sales and marketing of bioscience
1663	1663	intellectual property.
1664	1664	(y)(x) "This act" means the bioscience authority act.
1665	1665	(z)(y) Notwithstanding any other provision of this act, the terms
1666	1666	"bioscience," "biotechnology" and "life sciences" shall not be construed to
1667	1667	include:
1668	1668	(1) Induced abortion in humans, performed after the date of
1669	1669	1
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1671	1671	3
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1693	1693	25
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1697	1697	29
1698	1698	30
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1700	1700	32
1701	1701	33
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1703	1703	35
1704	1704	36
1705	1705	37
1706	1706	38
1707	1707	39
1708	1708	40
1709	1709	41
1710	1710	42
1711	1711	43 HB 2418 21
1712	1712	enactment of this act, or the use of cells or tissues derived therefrom; or
1713	1713	(2) any research the federal funding of which would be contrary to
1714	1714	federal laws that are in effect on the date of enactment of this act.
1715	1715	Sec. 16. K.S.A. 74-99b33 is hereby amended to read as follows: 74-
1716	1716	99b33. As used in the emerging industry investment act, and amendments
1717	1717	thereto, the following words and phrases shall have the following
1718	1718	meanings unless a different meaning clearly appears from the content:
1719	1719	(a) "Authority" means the Kansas bioscience authority as created by
1720	1720	K.S.A. 74-99b04, and amendments thereto department of commerce.
1721	1721	(b) "Base year taxation" means 95% of the 2003 state withholding
1722	1722	taxes of bioscience employees working for bioscience companies and state
1723	1723	universities currently located in or operating in the state. The base year
1724	1724	taxation may be adjusted in future years to account for the addition of new
1725	1725	bioscience companies and the identification of existing bioscience
1726	1726	companies inadvertently omitted from prior determinations. When a
1727	1727	bioscience company is added, the base year taxation shall be amended by
1728	1728	95% of the company's 2003 state withholding taxes, if any.
1729	1729	(c) "Bioscience" means the use of compositions, methods and
1730	1730	organisms in cellular and molecular research, development and
1731	1731	manufacturing processes for such diverse areas as pharmaceuticals,
1732	1732	medical therapeutics, medical diagnostics, medical devices, medical
1733	1733	instruments, biochemistry, microbiology, veterinary medicine, plant
1734	1734	biology, agriculture, industrial, environmental, and homeland security
1735	1735	applications of bioscience and future developments in the biosciences.
1736	1736	Bioscience includes biotechnology and life sciences.
1737	1737	(d) "Bioscience company" or "bioscience companies" means a
1738	1738	corporation, limited liability company, S corporation, partnership,
1739	1739	registered limited liability partnership, foundation, association, nonprofit
1740	1740	entity, sole proprietorship, business trust, person, group or other entity that
1741	1741	is engaged in the business of bioscience in the state and has business
1742	1742	operations in the state, including, without limitation, research,
1743	1743	development, sales, services, distribution or production directed towards
1744	1744	developing or providing bioscience products or processes for specific
1745	1745	commercial or public purposes but shall not include entities engaged in the
1746	1746	distribution or retail sale of pharmaceuticals or other bioscience products.
1747	1747	The authority and the secretary of revenue shall jointly determine whether
1748	1748	an entity qualifies as a "bioscience company" based on verifiable evidence.
1749	1749	One of the factors that shall be considered is whether a company has been
1750	1750	identified by the department of labor by one of the following NAICS
1751	1751	codes: 325411, 325412, 325413, 325414, 325193, 325199, 325311,
1752	1752	325320, 334516, 339111, 339112, 339113, 334510, 334517, 339115,
1753	1753	621511, 621512, 541710, 541380, 541940 and 622110. Such company
1754	1754	shall be presumed to be a bioscience company unless the authority and the
1755	1755	1
1756	1756	2
1757	1757	3
1758	1758	4
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1768	1768	14
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1770	1770	16
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1773	1773	19
1774	1774	20
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1783	1783	29
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1785	1785	31
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1791	1791	37
1792	1792	38
1793	1793	39
1794	1794	40
1795	1795	41
1796	1796	42
1797	1797	43 HB 2418 22
1798	1798	secretary of revenue agree, based on verifiable evidence, that the company
1799	1799	is not engaged in the business of bioscience in the state. A company
1800	1800	identified by another NAICS code may be determined to be a bioscience
1801	1801	company by the authority and the secretary of revenue based on verifiable
1802	1802	evidence that the company is engaged in the business of bioscience in the
1803	1803	state. From and after July 1, 2014, the authority and the secretary of
1804	1804	revenue, based upon verifiable evidence, may determine that a company
1805	1805	which has previously been determined to be a bioscience company shall no
1806	1806	longer be considered to be a bioscience company for the purposes of the
1807	1807	emerging industry investment act.
1808	1808	(e) "Bioscience development and investment fund" means the fund
1809	1809	created by K.S.A. 74-99b34, and amendments thereto.
1810	1810	(f) "Bioscience employee" means any employee, officer or director of
1811	1811	a bioscience company who is employed in the 2003 tax year or after
1812	1812	December 31, 2003, and who is also a state taxpayer and any employee of
1813	1813	state universities who is associated with bioscience research in the 2003
1814	1814	tax year or after December 31, 2003, and who is also a state taxpayer.
1815	1815	(g) "Bioscience research" means any original investigation for the
1816	1816	advancement of scientific or technological knowledge of bioscience and
1817	1817	any activity that seeks to utilize, synthesize, or apply existing knowledge,
1818	1818	information or resources to the resolution of a specific problem, question
1819	1819	or issue of bioscience.
1820	1820	(h) "Biotechnology" means those fields focusing on technological
1821	1821	developments in such areas as molecular biology, genetic engineering,
1822	1822	genomics, proteomics, physiomics, nanotechnology, biodefense,
1823	1823	biocomputing and bioinformatics and future developments associated with
1824	1824	biotechnology.
1825	1825	(i) "Board" means the board of directors of the authority department
1826	1826	of commerce.
1827	1827	(j) "Eminent scholar" means world-class, distinguished and
1828	1828	established investigators recognized nationally for their research,
1829	1829	achievements and ability to garner significant federal funding on an annual
1830	1830	basis. Eminent scholars are recognized for their scientific knowledge and
1831	1831	entrepreneurial spirit to enhance the innovative research that leads to
1832	1832	economic gains. Eminent scholars are either members of or likely
1833	1833	candidates for the national academy of sciences or other prominent
1834	1834	national academic science organizations.
1835	1835	(k) "Life sciences" means, without limitation, the areas of medical
1836	1836	sciences, pharmaceutical sciences, biological sciences, zoology, botany,
1837	1837	horticulture, ecology, toxicology, organic chemistry, physical chemistry
1838	1838	and physiology and any future advances associated with the life sciences.
1839	1839	(l) "NAICS" means the north American industry classification
1840	1840	system.
1841	1841	1
1842	1842	2
1843	1843	3
1844	1844	4
1845	1845	5
1846	1846	6
1847	1847	7
1848	1848	8
1849	1849	9
1850	1850	10
1851	1851	11
1852	1852	12
1853	1853	13
1854	1854	14
1855	1855	15
1856	1856	16
1857	1857	17
1858	1858	18
1859	1859	19
1860	1860	20
1861	1861	21
1862	1862	22
1863	1863	23
1864	1864	24
1865	1865	25
1866	1866	26
1867	1867	27
1868	1868	28
1869	1869	29
1870	1870	30
1871	1871	31
1872	1872	32
1873	1873	33
1874	1874	34
1875	1875	35
1876	1876	36
1877	1877	37
1878	1878	38
1879	1879	39
1880	1880	40
1881	1881	41
1882	1882	42
1883	1883	43 HB 2418 23
1884	1884	(m) "Rising star scholar" means up-and-coming distinguished
1885	1885	investigators growing in their national reputations in their fields, who are
1886	1886	active and demonstrate leadership in their associated professional
1887	1887	societies, and who attract significant federal research grant support. Rising
1888	1888	star scholars would be likely candidates for the national academy of
1889	1889	science or other prominent national academic science organizations in the
1890	1890	future.
1891	1891	(n) "State" means the state of Kansas.
1892	1892	(o) "State universities" includes state educational institutions as
1893	1893	defined in K.S.A. 76-711, and amendments thereto, and the municipal
1894	1894	university as defined in K.S.A. 74-3201b, and amendments thereto.
1895	1895	(p) "Subsequent year taxation" means 95% of all state withholding
1896	1896	taxes payable by bioscience companies that commence operating in the
1897	1897	state after December 31, 2003, and 95% of withholding associated with
1898	1898	new bioscience employees added to bioscience companies and state
1899	1899	universities and associated with growth of the existing bioscience
1900	1900	employee withholding base after December 31, 2003.
1901	1901	(q) "Taxpayer" means a person, corporation, limited liability
1902	1902	company, S corporation, partnership, registered limited liability
1903	1903	partnership, foundation, association, nonprofit entity, sole proprietorship,
1904	1904	business trust, group or other entity that is subject to the Kansas income
1905	1905	tax act, K.S.A. 79-3201 et seq., and amendments thereto.
1906	1906	(r) "This act" means the emerging industry investment act.
1907	1907	Sec. 17. K.S.A. 74-99b63 is hereby amended to read as follows: 74-
1908	1908	99b63. As used in the bioscience research and development voucher
1909	1909	program act, and amendments thereto, the following words and phrases
1910	1910	have the following meanings unless a different meaning clearly appears
1911	1911	from the content:
1912	1912	(a) "Authority" means the Kansas bioscience authority as created by
1913	1913	K.S.A. 74-99b04, and amendments thereto department of commerce.
1914	1914	(b) "Bioscience" means, without limitation, the use of compositions,
1915	1915	methods and organisms in cellular and molecular research, development
1916	1916	and manufacturing processes for such diverse areas as pharmaceuticals,
1917	1917	medical therapeutics, medical diagnostics, medical devices, medical
1918	1918	instruments, biochemistry, microbiology, veterinary medicine, plant
1919	1919	biology, agriculture, industrial, environmental and homeland security
1920	1920	applications of bioscience and future developments in the biosciences.
1921	1921	Bioscience includes biotechnology and life sciences.
1922	1922	(c) "Bioscience research" means any investigation for the
1923	1923	advancement of scientific or technological knowledge of bioscience and
1924	1924	any activity that seeks to utilize, synthesize, or apply existing knowledge,
1925	1925	information or resources to the resolution of a specific problem, question
1926	1926	or issue of bioscience.
1927	1927	1
1928	1928	2
1929	1929	3
1930	1930	4
1931	1931	5
1932	1932	6
1933	1933	7
1934	1934	8
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1937	1937	11
1938	1938	12
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1965	1965	39
1966	1966	40
1967	1967	41
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1969	1969	43 HB 2418 24
1970	1970	(d) "Bioscience research institutions" means all universities and
1971	1971	colleges located in the state of Kansas conducting bioscience research.
1972	1972	(e) "Biotechnology" means, without limitation, those fields focusing
1973	1973	on technological developments in such areas as molecular biology, genetic
1974	1974	engineering, genomics, proteomics, physiomics, nanotechnology,
1975	1975	biodefense, biocomputing, bioinformatics and future developments
1976	1976	associated with biotechnology.
1977	1977	(f) "Life sciences" means the areas of medical sciences,
1978	1978	pharmaceutical sciences, biological sciences, zoology, botany, horticulture,
1979	1979	ecology, toxicology, organic chemistry, physical chemistry, physiology and
1980	1980	any future advances associated with life sciences.
1981	1981	(g) "Qualified company" means a Kansas company conducting
1982	1982	bioscience research and development that may be granted a funding
1983	1983	voucher.
1984	1984	(h) "State" means the state of Kansas.
1985	1985	(i) "This act" means the bioscience research and development
1986	1986	voucher program act.
1987	1987	Sec. 18. K.S.A. 74-99b83 is hereby amended to read as follows: 74-
1988	1988	99b83. As used in the bioscience research matching funds act, and
1989	1989	amendments thereto, the following words and phrases have the following
1990	1990	meanings unless a different meaning clearly appears from the content:
1991	1991	(a) "Authority" or "board" means the Kansas bioscience authority as
1992	1992	created by K.S.A. 74-99b04, and amendments thereto department of
1993	1993	commerce.
1994	1994	(b) "Board" means the board of directors of the authority.
1995	1995	(c) "Bioscience" means the use of compositions, methods and
1996	1996	organisms in cellular and molecular research, development and
1997	1997	manufacturing processes for such diverse areas as pharmaceuticals,
1998	1998	medical therapeutics, medical diagnostics, medical devices, medical
1999	1999	instruments, biochemistry, microbiology, veterinary medicine, plant
2000	2000	biology, agriculture, industrial, environmental and homeland security
2001	2001	applications of bioscience and future developments in the biosciences.
2002	2002	Bioscience includes biotechnology and life sciences.
2003	2003	(d)(c) "Bioscience research" means any investigation for the
2004	2004	advancement of scientific or technological knowledge of bioscience and
2005	2005	any activity that seeks to utilize, synthesize, or apply existing knowledge,
2006	2006	information or resources to the resolution of a specific problem, question
2007	2007	or issue of bioscience.
2008	2008	(e)(d) "Bioscience research institutions" means all universities and
2009	2009	colleges located in the state of Kansas conducting bioscience research.
2010	2010	(f)(e) "Biotechnology" means, without limitation, those fields
2011	2011	focusing on technological developments in such areas as molecular
2012	2012	biology, genetic engineering, genomics, proteomics, physiomics,
2013	2013	1
2014	2014	2
2015	2015	3
2016	2016	4
2017	2017	5
2018	2018	6
2019	2019	7
2020	2020	8
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2051	2051	39
2052	2052	40
2053	2053	41
2054	2054	42
2055	2055	43 HB 2418 25
2056	2056	nanotechnology, biodefense, biocomputing, bioinformatics and future
2057	2057	developments associated with biotechnology.
2058	2058	(g)(f) "Life sciences" means, without limitation, the areas of medical
2059	2059	sciences, pharmaceutical sciences, biological sciences, zoology, botany,
2060	2060	horticulture, ecology, toxicology, organic chemistry, physical chemistry,
2061	2061	physiology and any future advances associated with life sciences.
2062	2062	(h)(g) "State" means the state of Kansas.
2063	2063	(i)(h) "This act" means the bioscience research matching funds act.
2064	2064	Sec. 19. K.S.A. 75-7403 is hereby amended to read as follows: 75-
2065	2065	7403. (a) The secretary of health and environment is hereby authorized to
2066	2066	establish policies and to adopt rules and regulations for the implementation
2067	2067	and administration of the powers, duties and functions prescribed for or
2068	2068	transferred to the department as provided by law.
2069	2069	(b) The secretary of health and environment may enter into contracts
2070	2070	as may be necessary to perform the powers, duties and functions of the
2071	2071	department and as provided by law. As provided by this act or as otherwise
2072	2072	the secretary of health and environment may enter into contracts with other
2073	2073	state agencies or with local governmental entities for the coordination of
2074	2074	health services, including care and prevention programs and activities, and
2075	2075	public health programs.
2076	2076	(c) The secretary of health and environment may appoint advisory
2077	2077	committees as deemed necessary by the secretary. The advisory
2078	2078	committees shall consult with and advise the secretary of health and
2079	2079	environment regarding the matters referred thereto by the department.
2080	2080	Members of any advisory committee created under this section attending
2081	2081	meetings of such committee or attending a subcommittee meeting thereof
2082	2082	authorized by such committee shall be paid subsistence allowances,
2083	2083	mileage and other expenses as provided in K.S.A. 75-3223, and
2084	2084	amendments thereto, but shall receive no compensation for services as
2085	2085	members of such advisory committee.
2086	2086	Sec. 20. K.S.A. 12-340, 12-341, 12-342, 12-343, 12-350, 12-351, 12-
2087	2087	352, 12-353, 12-354, 12-355, 12-356, 12-357, 12-359, 12-360, 12-361, 12-
2088	2088	362, 45-229, 65-2016, 65-2840c, 65-4969, 65-5702, 65-5703, 65-5728,
2089	2089	65-7214, 65-7406, 66-2010, 68-185, 72-3441, 73-1221, 73-1222, 73-1223,
2090	2090	73-1224, 73-1225, 73-1226, 73-1227, 73-1228, 73-1229, 73-1230, 73-
2091	2091	1231, 74-2916, 74-5069, 74-5070, 74-5071, 74-5072, 74-5073, 74-5074,
2092	2092	74-5092, 74-5093, 74-5094, 74-5095, 74-5096, 74-5097, 74-5098, 74-
2093	2093	5099, 74-50,100, 74-50,101, 74-5210, 74-6603, 74-6609, 74-6614, 74-
2094	2094	6615, 74-72,123, 74-72,124, 74-9201, 74-99b03, 74-99b04, 74-99b05, 74-
2095	2095	99b11, 74-99b12, 74-99b13, 74-99b17, 74-99b33, 74-99b63, 74-99b83,
2096	2096	75-7221, 75-7222, 75-7223, 75-7224, 75-7225, 75-7226, 75-7227 and 75-
2097	2097	7403 and K.S.A. 2022 Supp. 65-4915 are hereby repealed.
2098	2098	Sec. 21. This act shall take effect and be in force from and after its
2099	2099	1
2100	2100	2
2101	2101	3
2102	2102	4
2103	2103	5
2104	2104	6
2105	2105	7
2106	2106	8
2107	2107	9
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2110	2110	12
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2119	2119	21
2120	2120	22
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2124	2124	26
2125	2125	27
2126	2126	28
2127	2127	29
2128	2128	30
2129	2129	31
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2135	2135	37
2136	2136	38
2137	2137	39
2138	2138	40
2139	2139	41
2140	2140	42
2141	2141	43 HB 2418 26
2142	2142	publication in the statute book.1