11 | | - | New Section 1. (a) Sections 1 through 8, and amendments thereto, |
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12 | | - | shall be known and may be cited as the Kansas land and military |
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13 | | - | installation protection act. |
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14 | | - | (b) It is declared that the purpose of this act is to protect certain |
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15 | | - | real property and military installations located in this state by |
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16 | | - | prohibiting countries of concern and any agent thereof from acquiring |
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17 | | - | any interest in such real property. |
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18 | | - | New Sec. 2. As used in sections 1 through 9, and amendments |
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19 | | - | thereto: |
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20 | | - | (a) "Attorney general" means the attorney general of the state of |
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21 | | - | Kansas. |
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22 | | - | (b) "Company" means any: |
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23 | | - | (1) For-profit corporation, partnership, limited partnership, limited |
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24 | | - | liability partnership, limited liability company, joint venture, trust, |
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25 | | - | association, sole proprietorship or other organization, including any: |
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26 | | - | (A) Subsidiary of such company, a majority ownership interest of |
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27 | | - | which is held by such company; |
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28 | | - | (B) parent company that holds a majority ownership interest of |
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29 | | - | such company; and |
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30 | | - | (C) other affiliate or business association of such company whose |
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31 | | - | primary purpose is to make a profit; or |
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32 | | - | (2) nonprofit organization. |
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33 | | - | (c) (1) "Country of concern" means the following: |
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34 | | - | (A) Any foreign adversary, as such term is defined by 15 C.F.R. § |
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35 | | - | 7.4, as in effect on April 1, 2024; and |
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36 | | - | (B) any organization that is designated as a foreign terrorist |
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37 | | - | organization as of July 1, 2024, pursuant to 8 U.S.C. § 1189, as in |
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38 | | - | effect on July 1, 2024, except as otherwise provided by rules and |
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39 | | - | regulations adopted by the fusion center oversight board pursuant to |
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40 | | - | section 7, and amendments thereto. |
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41 | | - | (2) "Country of concern" does not include the republic of China |
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42 | | - | (Taiwan). |
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43 | | - | (d) "Covered control transaction" means the same as defined in 31 |
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44 | | - | C.F.R. § 800.210, as in effect on July 1, 2024. |
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45 | | - | (e) "Covered transaction" means the same as defined in 31 C.F.R. |
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46 | | - | § 800.213, as in effect on July 1, 2024. |
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47 | | - | (f) "De minimis interest" means any interest in real property that |
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48 | | - | is: |
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49 | | - | (1) The result of ownership of registered securities in a publicly |
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50 | | - | traded company; and |
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51 | | - | (2) such ownership is: |
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52 | | - | (A) Less than 10% of any class of registered securities or less than |
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53 | | - | 10% of the aggregate registered securities of multiple classes of |
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54 | | - | securities; or |
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55 | | - | (B) a noncontrolling interest in an entity that is controlled by a |
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56 | | - | company that is registered with the United States securities and |
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57 | | - | exchange commission as an investment adviser under the investment |
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58 | | - | advisers act of 1940, P.L. 117-263 and is not a foreign entity. |
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59 | | - | (g) "Domicile" means the country where: |
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60 | | - | (1) A company is organized; |
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61 | | - | (2) a company completes a substantial portion of its business; or House Substitute for SENATE BILL No. 172—page 2 |
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62 | | - | (3) a majority of a company's ownership interest is held. |
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63 | | - | (h) "Economic development incentive program" means: |
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64 | | - | (1) Any economic development incentive program administered |
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65 | | - | wholly or in part by the secretary of commerce; |
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66 | | - | (2) any tax credit program, except for social and domestic tax |
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67 | | - | credits, regardless of the administering state agency; |
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68 | | - | (3) property that has been exempted from ad valorem taxation |
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69 | | - | under the provisions of section 13 of article 11 of the constitution of the |
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70 | | - | state of Kansas; |
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71 | | - | (4) property that has been purchased, acquired, constructed, |
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72 | | - | reconstructed, improved, equipped, furnished, repaired, enlarged or |
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73 | | - | remodeled with all or any part of the proceeds of revenue bonds issued |
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74 | | - | under any authority granted in article 17 of chapter 12 of the Kansas |
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75 | | - | Statutes Annotated, and amendments thereto; |
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76 | | - | (5) any economic development fund, including, but not limited to, |
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77 | | - | the job creation program fund established by K.S.A. 74-50,224, and |
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78 | | - | amendments thereto, and the economic development initiatives fund |
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79 | | - | established by K.S.A. 79-4804, and amendments thereto; and |
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80 | | - | (6) any other economic development incentive program that |
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81 | | - | provides any form of tax credit, abatement or exemption or financial |
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82 | | - | assistance provided by or authorized by a governmental entity. |
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83 | | - | (i) "Foreign entity" means any company whose domicile is any |
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84 | | - | country other than the United States. |
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85 | | - | (j) "Foreign principal" means: |
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86 | | - | (1) The government or any official of the government of a country |
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87 | | - | of concern; |
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88 | | - | (2) any political party, subdivision thereof or any member of a |
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89 | | - | political party of a country of concern; |
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90 | | - | (3) any corporation, partnership, association, organization or other |
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91 | | - | combination of persons organized under the laws of or having its |
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92 | | - | principal place of business in a country of concern. "Foreign principal" |
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93 | | - | includes any subsidiary owned or wholly controlled by any such entity; |
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94 | | - | (4) any agent of or any entity otherwise under the control of a |
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95 | | - | country of concern; |
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96 | | - | (5) any individual who is a citizen or resident of a country of |
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97 | | - | concern and is not a citizen or lawful permanent resident of the United |
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98 | | - | States; or |
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99 | | - | (6) any individual, entity or combination thereof described in |
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100 | | - | paragraphs (1) through (5) that has a controlling interest in any |
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101 | | - | company formed for the purpose of holding any interest in real |
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102 | | - | property. |
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103 | | - | (k) "Fusion center oversight board" means the fusion center |
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104 | | - | oversight board established in K.S.A. 2023 Supp. 48-3705, and |
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105 | | - | amendments thereto. |
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106 | | - | (l) "Interest in real property" means any: |
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107 | | - | (1) Ownership interest in any parcel of real property acquired by |
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108 | | - | purchase, gift, grant, devise, bequest or other transfer of such interest; |
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109 | | - | (2) ownership or other interest in any easement or other right of |
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110 | | - | egress onto or across any parcel of real property; |
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111 | | - | (3) ownership or other interest in any right to any oil, gas, |
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112 | | - | minerals or water located on or under any parcel of real property; and |
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113 | | - | (4) any interest or right to possess or use any parcel of real |
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114 | | - | property acquired by the execution of a lease, lease-purchase or any |
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115 | | - | other form of rental agreement. |
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116 | | - | (m) "Military installation" means any land, buildings or other |
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117 | | - | structures owned or controlled by any division of the United States |
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118 | | - | department of defense, Kansas national guard or any other federal or |
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119 | | - | state agency that is critical to the safety and security of Kansas or the |
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120 | | - | United States. House Substitute for SENATE BILL No. 172—page 3 |
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121 | | - | (n) "Non-notified transaction" means any transaction involving |
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122 | | - | foreign investment in the United States that is not voluntarily submitted |
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123 | | - | to the committee on foreign investment in the United States for review |
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124 | | - | pursuant to 50 U.S.C. § 4565. |
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125 | | - | (o) "Real property" means any real estate located in this state |
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126 | | - | except residential real property. |
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127 | | - | (p) "Residential real property" means real property that is used |
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128 | | - | exclusively as a place of residence for human habitation. |
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129 | | - | (q) "Social and domestic tax credits" means the adoption credit |
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130 | | - | created pursuant to K.S.A. 79-32,202a, and amendments thereto, the |
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131 | | - | earned income tax credit created pursuant to K.S.A. 79-32,205, and |
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132 | | - | amendments thereto, the food sales tax credit created pursuant to |
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133 | | - | K.S.A. 79-32,271, and amendments thereto, the child and dependent |
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134 | | - | care tax credit created pursuant to K.S.A. 79-32,111c, and amendments |
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135 | | - | thereto, and the homestead property tax refund created pursuant to |
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136 | | - | K.S.A. 79-4501 et seq., and amendments thereto. |
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137 | | - | (r) "State agency" means any department, authority, bureau, |
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138 | | - | division, office or other governmental agency of this state. |
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139 | | - | (s) "Tax credit program" means any credit allowed against the tax |
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140 | | - | imposed by the Kansas income tax act, the premium or privilege fees |
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141 | | - | imposed pursuant to K.S.A. 40-252, and amendments thereto, or the |
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142 | | - | privilege tax as measured by net income of financial institutions |
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143 | | - | imposed pursuant to article 11 of chapter 79 of the Kansas Statutes |
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144 | | - | Annotated, and amendments thereto. |
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145 | | - | New Sec. 3. (a) Except as provided in subsections (d) and (e), no |
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146 | | - | foreign principal shall directly or indirectly own or acquire any interest |
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147 | | - | in any real property located within 100 miles of the boundary of any |
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148 | | - | military installation located in this state or any adjacent state, except a |
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149 | | - | de minimis interest in such real property. |
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150 | | - | (b) Any foreign principal that directly or indirectly owns or |
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151 | | - | acquires any interest in real property as described in subsection (a) shall |
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152 | | - | file registration of such interest with the attorney general in such form |
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153 | | - | and manner as prescribed by the attorney general not later than 90 days |
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154 | | - | after July 1, 2024, or the date such interest is acquired, whichever is |
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155 | | - | later. Such filing shall include: |
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156 | | - | (1) The name of the individual or entity holding such interest; |
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157 | | - | (2) the date of acquisition; |
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158 | | - | (3) the address and legal description of the real property; and |
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159 | | - | (4) the number of acres comprising the real property. |
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160 | | - | (c) (1) Any foreign principal that directly or indirectly owns or |
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161 | | - | acquires any interest in real property as described in subsection (a) shall |
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162 | | - | divest such interest in such real property. |
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163 | | - | (2) A copy of all documentation evidencing such divestiture shall |
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164 | | - | be submitted to the attorney general in such manner as prescribed by |
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165 | | - | the attorney general not later than 30 days after the effective date of |
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166 | | - | such divestiture. |
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167 | | - | (d) A foreign principal may acquire an interest in real property by |
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168 | | - | devise or bequest, through the enforcement of any security interest or |
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169 | | - | through the collection of a debt. Any such acquisition shall be subject |
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170 | | - | to the provisions of subsections (b) and (c). |
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171 | | - | (e) A foreign principal may own, acquire or hold an interest in real |
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172 | | - | property notwithstanding the provisions of this section if: |
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173 | | - | (1) The foreign principal registers such interest in real property in |
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174 | | - | accordance with the provisions of subsection (b); and |
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175 | | - | (2) (A) any action concerning a covered transaction pursuant to 50 |
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176 | | - | U.S.C. § 4565, as in effect on July 1, 2024, has concluded and such |
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177 | | - | foreign principal received a determination that such covered transaction |
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178 | | - | does not pose an unresolved national security concern, provided such |
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179 | | - | foreign principal has not undergone a change in control that would House Substitute for SENATE BILL No. 172—page 4 |
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180 | | - | constitute a covered control transaction since such determination was |
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181 | | - | made; or |
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182 | | - | (B) the foreign principal has a national security agreement in |
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183 | | - | effect on July 1, 2024, with the committee on foreign investment in the |
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184 | | - | United States or the United States department of defense pursuant to 50 |
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185 | | - | U.S.C. § 4565, as in effect on July 1, 2024, and continues to maintain |
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186 | | - | such national security agreement. |
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187 | | - | New Sec. 4. (a) The attorney general shall investigate any |
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188 | | - | suspected violation of section 3, and amendments thereto. |
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189 | | - | (b) A foreign principal who is subject to the requirements of |
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190 | | - | section 3, and amendments thereto, may enter into an agreement with |
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191 | | - | the attorney general to divest such foreign principal's interest in real |
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192 | | - | property not more than 360 days from entering into such agreement. |
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193 | | - | (c) The attorney general may commence an action in a court of |
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194 | | - | competent jurisdiction to enforce the provisions of section 3, and |
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195 | | - | amendments thereto. In any such action, the attorney general may seek: |
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196 | | - | (1) A court order directing the defendant to divest such defendant's |
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197 | | - | interest in such real property; |
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198 | | - | (2) injunctive relief; |
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199 | | - | (3) civil forfeiture of the defendant's interest in such real property |
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200 | | - | pursuant to K.S.A. 60-4101 et seq., and amendments thereto; and |
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201 | | - | (4) reasonable attorney fees and court costs. |
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202 | | - | (d) (1) Upon a determination by a court of competent jurisdiction |
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203 | | - | that the defendant has violated the requirements of section 3, and |
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204 | | - | amendments thereto, the defendant shall have not more than 180 days |
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205 | | - | from the date of such determination to divest such defendant's interest |
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206 | | - | in such real property or to otherwise come into compliance with the |
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207 | | - | provisions of section 3, and amendments thereto. |
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208 | | - | (2) If such defendant is ordered by the court to divest such |
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209 | | - | defendant's interest in the real property and such defendant had |
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210 | | - | acquired such interest prior to July 1, 2024, such defendant may file a |
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211 | | - | claim against the state pursuant to article 9 of chapter 46 of the Kansas |
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212 | | - | Statutes Annotated, and amendments thereto, for any difference in the |
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213 | | - | sales price of the real property caused by such court-ordered |
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214 | | - | divestiture. |
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215 | | - | New Sec. 5. No foreign principal shall receive any direct benefit |
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216 | | - | related to any economic development program regardless of the form of |
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217 | | - | such benefit. |
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218 | | - | New Sec. 6. (a) The attorney general shall establish policies and |
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219 | | - | procedures for the reporting of information concerning non-notified |
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220 | | - | transactions to the attorney general. Any person may report information |
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221 | | - | concerning such transactions in such form and manner as prescribed by |
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222 | | - | the attorney general. |
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223 | | - | (b) The attorney general shall prepare and submit a report on any |
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224 | | - | identified non-notified transactions to the committee on foreign |
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225 | | - | investment in the United States. A copy of such report shall be |
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226 | | - | submitted to the governor, the adjutant general and the standing |
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227 | | - | committees on federal and state affairs of the senate and the house of |
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228 | | - | representatives. |
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229 | | - | (c) On or before February 1 of each year, the attorney general |
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230 | | - | shall prepare and submit a report to the governor, the adjutant general, |
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231 | | - | the standing committee on commerce, labor and economic development |
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232 | | - | of the house of representatives, the standing committee on commerce of |
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233 | | - | the senate, the standing committee on federal and state affairs of the |
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234 | | - | house of representatives and the standing committee on federal and |
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235 | | - | state affairs of the senate. Such report shall detail the implementation of |
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236 | | - | the Kansas land and military installation protection act and include the |
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237 | | - | attorney general's recommended amendments to the definition of |
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238 | | - | country of concern, if any. House Substitute for SENATE BILL No. 172—page 5 |
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239 | | - | (d) The attorney general shall retain copies of any documents that |
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240 | | - | are made a part of or otherwise submitted to the committee on foreign |
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241 | | - | investment in the United States along with the report required under |
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242 | | - | subsection (b). |
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243 | | - | (e) On or before January 1, 2025, the attorney general shall adopt |
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244 | | - | rules and regulations to implement the provisions of this section. |
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245 | | - | New Sec. 7. (a) Upon any occasion when an organization is |
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246 | | - | designated as a foreign terrorist organization or has such designation |
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247 | | - | revoked pursuant to 8 U.S.C. § 1189, the fusion center oversight board |
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248 | | - | may adopt rules and regulations to reflect such designation or |
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249 | | - | revocation of such designation, but only after giving due consideration |
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250 | | - | to the risks to state and national security and the economic costs and |
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251 | | - | benefits of such action. |
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252 | | - | (b) In no case shall the fusion center oversight board adopt any |
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253 | | - | rule or regulation pursuant to this section that would designate an |
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254 | | - | organization as a foreign terrorist organization that is not designated as |
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255 | | - | a foreign terrorist organization pursuant to 8 U.S.C. § 1189. |
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256 | | - | New Sec. 8. On or before March 1 of each year, Kansas state |
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257 | | - | university shall use available data and resources to prepare and submit |
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258 | | - | a report to the legislature and the attorney general detailing the status |
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259 | | - | and trends of all foreign land holdings of real property within the state |
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260 | | - | of Kansas. |
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261 | | - | New Sec. 9. Sections 1 through 8, and amendments thereto, are |
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262 | | - | declared severable. Any provision of sections 1 through 8, and |
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263 | | - | amendments thereto, or the application thereof to any person or |
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264 | | - | circumstance that is held to be unconstitutional or invalid shall not |
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265 | | - | affect the validity of any remaining provisions of sections 1 through 8, |
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266 | | - | and amendments thereto, or the applicability of such provisions to any |
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267 | | - | person or circumstance. |
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268 | | - | Sec. 10. K.S.A. 2023 Supp. 60-4104 is hereby amended to read as |
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269 | | - | follows: 60-4104. Conduct and offenses giving rise to forfeiture under |
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270 | | - | this act, whether or not there is a prosecution or conviction related to |
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271 | | - | the offense, are: |
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272 | | - | (a) All offenses which statutorily and specifically authorize |
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273 | | - | forfeiture; |
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274 | | - | (b) violations involving controlled substances, as described in |
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275 | | - | K.S.A. 21-5701 through 21-5717, and amendments thereto; |
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276 | | - | (c) theft, as defined in K.S.A. 21-5801, and amendments thereto; |
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277 | | - | (d) criminal discharge of a firearm, as defined in K.S.A. 21- |
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278 | | - | 6308(a)(1) and (a)(2), and amendments thereto; |
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279 | | - | (e) gambling, as defined in K.S.A. 21-6404, and amendments |
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280 | | - | thereto, and commercial gambling, as defined in K.S.A. 21-6406(a)(1), |
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281 | | - | and amendments thereto; |
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282 | | - | (f) counterfeiting, as defined in K.S.A. 21-5825, and amendments |
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283 | | - | thereto; |
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284 | | - | (g) unlawful possession or use of a scanning device or reencoder, |
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285 | | - | as described in K.S.A. 21-6108, and amendments thereto; |
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286 | | - | (h) medicaid fraud, as described in K.S.A. 21-5925 through 21- |
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287 | | - | 5934, and amendments thereto; |
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288 | | - | (i) an act or omission occurring outside this state, which would be |
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289 | | - | a violation in the place of occurrence and would be described in this |
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290 | | - | section if the act occurred in this state, whether or not it is prosecuted in |
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291 | | - | any state; |
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292 | | - | (j) an act or omission committed in furtherance of any act or |
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293 | | - | omission described in this section including any inchoate or preparatory |
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294 | | - | offense, whether or not there is a prosecution or conviction related to |
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295 | | - | the act or omission; |
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296 | | - | (k) any solicitation or conspiracy to commit any act or omission |
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297 | | - | described in this section, whether or not there is a prosecution or House Substitute for SENATE BILL No. 172—page 6 |
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298 | | - | conviction related to the act or omission; |
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299 | | - | (l) terrorism, as defined in K.S.A. 21-5421, and amendments |
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300 | | - | thereto, illegal use of weapons of mass destruction, as defined in |
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301 | | - | K.S.A. 21-5422, and amendments thereto, and furtherance of terrorism |
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302 | | - | or illegal use of weapons of mass destruction, as described in K.S.A. |
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303 | | - | 21-5423, and amendments thereto; |
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304 | | - | (m) unlawful conduct of dog fighting and unlawful possession of |
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305 | | - | dog fighting paraphernalia, as defined in K.S.A. 21-6414(a) and (b), |
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306 | | - | and amendments thereto; |
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307 | | - | (n) unlawful conduct of cockfighting and unlawful possession of |
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308 | | - | cockfighting paraphernalia, as defined in K.S.A. 21-6417(a) and (b), |
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309 | | - | and amendments thereto; |
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310 | | - | (o) selling sexual relations, as defined in K.S.A. 21-6419, and |
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311 | | - | amendments thereto, promoting the sale of sexual relations, as defined |
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312 | | - | in K.S.A. 21-6420, and amendments thereto, and buying sexual |
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313 | | - | relations, as defined in K.S.A. 21-6421, and amendments thereto; |
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314 | | - | (p) human trafficking and aggravated human trafficking, as |
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315 | | - | defined in K.S.A. 21-5426, and amendments thereto; |
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316 | | - | (q) violations of the banking code, as described in K.S.A. 9-2012, |
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317 | | - | and amendments thereto; |
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318 | | - | (r) mistreatment of a dependent adult, as defined in K.S.A. 21- |
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319 | | - | 5417, and amendments thereto; |
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320 | | - | (s) giving a worthless check, as defined in K.S.A. 21-5821, and |
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321 | | - | amendments thereto; |
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322 | | - | (t) forgery, as defined in K.S.A. 21-5823, and amendments |
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323 | | - | thereto; |
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324 | | - | (u) making false information, as defined in K.S.A. 21-5824, and |
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325 | | - | amendments thereto; |
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326 | | - | (v) criminal use of a financial card, as defined in K.S.A. 21-5828, |
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327 | | - | and amendments thereto; |
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328 | | - | (w) unlawful acts concerning computers, as described in K.S.A. |
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329 | | - | 21-5839, and amendments thereto; |
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330 | | - | (x) identity theft and identity fraud, as defined in K.S.A. 21- |
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331 | | - | 6107(a) and (b), and amendments thereto; |
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332 | | - | (y) electronic solicitation, as defined in K.S.A. 21-5509, and |
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333 | | - | amendments thereto; |
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334 | | - | (z) felony violations of fleeing or attempting to elude a police |
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335 | | - | officer, as described in K.S.A. 8-1568, and amendments thereto; |
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336 | | - | (aa) commercial sexual exploitation of a child, as defined in |
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337 | | - | K.S.A. 21-6422, and amendments thereto; |
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338 | | - | (bb) violations of the Kansas racketeer influenced and corrupt |
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339 | | - | organization act, as described in K.S.A. 21-6329, and amendments |
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340 | | - | thereto; |
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341 | | - | (cc) indecent solicitation of a child and aggravated indecent |
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342 | | - | solicitation of a child, as defined in K.S.A. 21-5508, and amendments |
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343 | | - | thereto; |
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344 | | - | (dd) sexual exploitation of a child, as defined in K.S.A. 21-5510, |
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345 | | - | and amendments thereto; and |
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346 | | - | (ee) violation of a consumer protection order as defined in K.S.A. |
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347 | | - | 21-6423, and amendments thereto; and |
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348 | | - | (ff) violation of the Kansas land and military installation |
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349 | | - | protection act as described in section 3, and amendments thereto. |
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350 | | - | Sec. 11. K.S.A. 2023 Supp. 60-4106 is hereby amended to read as |
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351 | | - | follows: 60-4106. (a) All property, including all interests in property, |
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352 | | - | described in K.S.A. 60-4105, and amendments thereto, is subject to |
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353 | | - | forfeiture subject to all mortgages, deeds of trust, financing statements |
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354 | | - | or security agreements properly of record prior to the forfeiture held by |
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355 | | - | an interest holder except that property specifically exempted hereunder: |
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356 | | - | (1) No real property or conveyance, or an interest therein, may be House Substitute for SENATE BILL No. 172—page 7 |
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357 | | - | forfeited under this act unless the offense or conduct giving rise to |
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358 | | - | forfeiture constitutes a felony, except as provided in the Kansas land |
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359 | | - | and military installation protection act, section 1, et seq., and |
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360 | | - | amendments thereto. |
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361 | | - | (2) No conveyance used by any person as a common carrier in the |
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362 | | - | transaction of business as a common carrier is subject to forfeiture |
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363 | | - | under this act unless the owner or other person in charge of the |
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364 | | - | conveyance is a consenting party or privy to a violation of this act. |
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365 | | - | (3) No property is subject to forfeiture under this act if the owner |
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366 | | - | or interest holder acquired the property before or during the conduct |
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367 | | - | giving rise to the property's forfeiture, and such owner or interest |
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368 | | - | holder: |
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369 | | - | (A) Did not know and could not have reasonably known of the act |
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370 | | - | or omission or that it was likely to occur; or |
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371 | | - | (B) acted reasonably to prevent the conduct giving rise to |
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372 | | - | forfeiture. |
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373 | | - | (4) No property is subject to forfeiture if the owner or interest |
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374 | | - | holder acquired the property after the conduct giving rise to the |
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375 | | - | property's forfeiture, including acquisition of proceeds of conduct |
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376 | | - | giving rise to forfeiture, and such owner or interest holder: |
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377 | | - | (A) Acquired the property in good faith, for value; and |
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378 | | - | (B) was not knowingly taking part in an illegal transaction. |
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379 | | - | (5) (A) An interest in property acquired in good faith by an |
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380 | | - | attorney as reasonable payment or to secure payment for legal services |
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381 | | - | in a criminal matter relating to violations of this act or for the |
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382 | | - | reimbursement of reasonable expenses related to the legal services is |
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383 | | - | exempt from forfeiture unless before the interest was acquired the |
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384 | | - | attorney knew of a judicial determination of probable cause that the |
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385 | | - | property is subject to forfeiture. |
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386 | | - | (B) The state bears the burden of proving that an exemption |
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387 | | - | claimed under this section is not applicable. Evidence made available |
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388 | | - | by the compelled disclosure of confidential communications between |
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389 | | - | an attorney and a client other than nonprivileged information relating to |
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390 | | - | attorney fees, is not admissible to satisfy the state's burden of proof. |
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391 | | - | (b) Notwithstanding subsection (a), property is not exempt from |
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392 | | - | forfeiture, even though the owner or interest holder lacked knowledge |
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393 | | - | or reason to know that the conduct giving rise to property's forfeiture |
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394 | | - | had occurred or was likely to occur, if the: |
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395 | | - | (1) Person whose conduct gave rise to the property's forfeiture had |
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396 | | - | authority to convey the property of the person claiming the exemption |
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397 | | - | to a good faith purchaser for value at the time of the conduct; |
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398 | | - | (2) owner or interest holder is criminally responsible for the |
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399 | | - | conduct giving rise to the property's forfeiture, whether or not there is a |
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400 | | - | prosecution or conviction; or |
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401 | | - | (3) owner or interest holder acquired the property with notice of |
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402 | | - | the property's actual or constructive seizure for forfeiture under this act, |
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403 | | - | or with reason to believe that the property was subject to forfeiture |
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404 | | - | under this act. |
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405 | | - | (c) Prior to final judgment in a judicial forfeiture proceeding, a |
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406 | | - | court shall limit the scope of a proposed forfeiture to the extent the |
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407 | | - | court finds the effect of the forfeiture is grossly disproportionate to the |
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408 | | - | nature and severity of the owner's conduct including, but not limited to, |
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409 | | - | a consideration of any of the following factors: |
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410 | | - | (1) The gain received or expected to be received by an owner from |
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411 | | - | conduct that allows forfeiture; |
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412 | | - | (2) the value of the property subject to forfeiture; |
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413 | | - | (3) the extent to which the property actually facilitated the |
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414 | | - | criminal conduct; |
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415 | | - | (4) the nature and extent of the owner's knowledge of the role of House Substitute for SENATE BILL No. 172—page 8 |
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416 | | - | others in the conduct that allows forfeiture of the property and efforts |
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417 | | - | of the owner to prevent the conduct; and |
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418 | | - | (5) the totality of the circumstances regarding the investigation. |
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419 | | - | Sec. 12. K.S.A. 2023 Supp. 60-4104 and 60-4106 are hereby |
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420 | | - | repealed. |
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421 | | - | Sec. 13. This act shall take effect and be in force from and after its |
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| 10 | + | Section 1. K.S.A. 74-4989 is hereby amended to read as follows: 74- |
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| 11 | + | 4989. (1) (a) Except as provided in paragraph (b), pursuant to the |
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| 12 | + | provisions of K.S.A. 74-49,128, and amendments thereto, upon the death |
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| 13 | + | of a retirant, the board of trustees of the Kansas public employees |
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| 14 | + | retirement system shall pay a lump-sum death benefit to: (i) The retirant's |
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| 15 | + | beneficiary which that shall not exceed $4,000 $6,000 for such retirant, |
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| 16 | + | less any amount payable for funeral benefits under the applicable |
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| 17 | + | provisions of any local police or fire pension plan, as defined by |
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| 18 | + | subsection (c) of K.S.A. 12-5001(c), and amendments thereto; or to (ii) a |
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| 19 | + | funeral establishment as directed by the retirant and filed in the office of |
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| 20 | + | the system prior to such retirant's death. |
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| 21 | + | (b) Notwithstanding the provisions of K.S.A. 74-4923, and |
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| 22 | + | amendments thereto, any amounts owed the system shall be deducted from |
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| 23 | + | such lump-sum death benefit. |
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| 24 | + | (2) As used in this section, "retirant" means any person who is a |
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| 25 | + | member or special member of the Kansas public employees retirement |
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| 26 | + | system, the Kansas police and firemen's retirement system, the state school |
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| 27 | + | retirement system or the retirement system for judges and who has retired. |
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| 28 | + | Sec. 2. K.S.A. 74-49,315 is hereby amended to read as follows: 74- |
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| 29 | + | 49,315. A member's beneficiary shall be determined as provided in the pre- |
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| 30 | + | 2015 plan. Upon filing a written application with the board after the death |
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| 31 | + | of a member receiving a benefit under subsections (a) or (b) of K.S.A. 74- |
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| 32 | + | 49,313(a) or (b), and amendments thereto, the member's beneficiary is |
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| 33 | + | entitled to a $4,000 the lump-sum death benefit as provided in K.S.A. 74- |
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| 34 | + | 4989, and amendments thereto. |
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| 35 | + | Sec. 3. K.S.A. 74-4989 and 74-49,315 are hereby repealed. |
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| 36 | + | Sec. 4. This act shall take effect and be in force from and after its |
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