Kansas 2023-2024 Regular Session

Kansas Senate Bill SB73 Compare Versions

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Version 2 (New)

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1		-	House Substitute for SENATE BILL No. 73
2		-	AN ACT concerning education; relating to the Kansas school equity and enhancement act;
3		-	requiring school district enrollment to be determined using the current school year or
4		-	preceding school year enrollment; amending K.S.A. 2023 Supp. 72-5132 and
5		-	repealing the existing section.
	1	+	Session of 2023
	2	+	SENATE BILL No. 73
	3	+	By Committee on Judiciary
	4	+	1-19
	5	+	AN ACT concerning crimes, punishment and criminal procedure; relating
	6	+	to crimes involving property; burglary and aggravated burglary; adding
	7	+	domestic battery and violation of a protection order to the list of crimes
	8	+	a person has intent to commit; amending K.S.A. 2022 Supp. 21-5807
	9	+	and repealing the existing section.
6	10		Be it enacted by the Legislature of the State of Kansas:
7		-	Section 1. K.S.A. 2023 Supp. 72-5132 is hereby amended to read
8		-	as follows: 72-5132. As used in the Kansas school equity and
9		-	enhancement act, K.S.A. 72-5131 et seq., and amendments thereto:
10		-	(a) "Adjusted enrollment" means the enrollment of a school
11		-	district, excluding the remote enrollment determined pursuant to K.S.A.
12		-	2023 Supp. 72-5180, and amendments thereto, adjusted by adding the
13		-	following weightings, if any, to the enrollment of a school district: At-
14		-	risk student weighting; bilingual weighting; career technical education
15		-	weighting; high-density at-risk student weighting; high enrollment
16		-	weighting; low enrollment weighting; school facilities weighting;
17		-	ancillary school facilities weighting; cost-of-living weighting; special
18		-	education and related services weighting; and transportation weighting.
19		-	(b) "Ancillary school facilities weighting" means an addend
20		-	component assigned to the enrollment of school districts pursuant to
21		-	K.S.A. 72-5158, and amendments thereto, on the basis of costs
22		-	attributable to commencing operation of one or more new school
23		-	facilities by such school districts.
24		-	(c) (1) "At-risk student" means a student who is eligible for free
25		-	meals under the national school lunch act, and who is enrolled in a
26		-	school district that maintains an approved at-risk student assistance
27		-	program.
28		-	(2) "At-risk student" does not include any student enrolled in any
29		-	of the grades one through 12 who is in attendance less than full time, or
30		-	any student who is over 19 years of age. The provisions of this
31		-	paragraph shall not apply to any student who has an individualized
32		-	education program.
33		-	(d) "At-risk student weighting" means an addend component
34		-	assigned to the enrollment of school districts pursuant to K.S.A. 72-
35		-	5151(a), and amendments thereto, on the basis of costs attributable to
36		-	the maintenance of at-risk educational programs by such school
37		-	districts.
38		-	(e) "Base aid for student excellence" or "BASE aid" means an
39		-	amount appropriated by the legislature in a fiscal year for the
40		-	designated year. The amount of BASE aid shall be as follows:
41		-	(1) For school year 2018-2019, $4,165;
42		-	(2) for school year 2019-2020, $4,436;
43		-	(3) for school year 2020-2021, $4,569;
44		-	(4) for school year 2021-2022, $4,706;
45		-	(5) for school year 2022-2023, $4,846; and
46		-	(6) for school year 2023-2024, and each school year thereafter, the
47		-	BASE aid shall be the BASE aid amount for the immediately preceding
48		-	school year plus an amount equal to the average percentage increase in
49		-	the consumer price index for all urban consumers in the midwest region
50		-	as published by the bureau of labor statistics of the United States
51		-	department of labor during the three immediately preceding school
52		-	years rounded to the nearest whole dollar amount.
53		-	(f) "Bilingual weighting" means an addend component assigned to
54		-	the enrollment of school districts pursuant to K.S.A. 72-5150, and
55		-	amendments thereto, on the basis of costs attributable to the
56		-	maintenance of bilingual educational programs by such school districts.
57		-	(g) "Board" means the board of education of a school district.
58		-	(h) "Budget per student" means the general fund budget of a
59		-	school district divided by the enrollment of the school district.
60		-	(i) "Categorical fund" means and includes the following funds of a House Substitute for SENATE BILL No. 73—page 2
61		-	school district: Adult education fund; adult supplementary education
62		-	fund; at-risk education fund; bilingual education fund; career and
63		-	postsecondary education fund; driver training fund; educational
64		-	excellence grant program fund; extraordinary school program fund;
65		-	food service fund; parent education program fund; preschool-aged at-
66		-	risk education fund; professional development fund; special education
67		-	fund; and summer program fund.
68		-	(j) "Cost-of-living weighting" means an addend component
69		-	assigned to the enrollment of school districts pursuant to K.S.A. 72-
70		-	5159, and amendments thereto, on the basis of costs attributable to the
71		-	cost of living in such school districts.
72		-	(k) "Current school year" means the school year during which
73		-	state foundation aid is determined by the state board under K.S.A. 72-
74		-	5134, and amendments thereto.
75		-	(l) (1) "Enrollment" means, except as provided in K.S.A. 2023
76		-	Supp. 72-5180, and amendments thereto, whichever is the greater of:
77		-	(1)(A) The number of students regularly enrolled in kindergarten
78		-	and grades one through 12 in the school district on September 20 of
79		-	the current school year plus the number of preschool-aged at-risk
80		-	students regularly enrolled in the school district on September 20 of the
81		-	current school year;
82		-	(B) the number of students regularly enrolled in kindergarten and
83		-	grades one through 12 in the school district on September 20 of the
84		-	preceding school year plus the number of preschool-aged at-risk
85		-	students regularly enrolled in the school district on September 20 of the
86		-	current school year, except a student who is a foreign exchange student
87		-	shall not be counted unless such student is regularly enrolled in the
88		-	school district on September 20 and attending kindergarten or any of
89		-	the grades one through 12 maintained by the school district for at least
90		-	one semester or two quarters, or the equivalent thereof.
91		-	(2) If the enrollment in a school district in the preceding school
92		-	year has decreased from enrollment in the second preceding school
93		-	year, the enrollment of the school district in the current school year
94		-	means the sum of:
95		-	(A) the enrollment in the second preceding school year, excluding
96		-	students under paragraph (2)(B), minus enrollment in the preceding
97		-	school year of preschool-aged at-risk students, if any, plus enrollment
98		-	in the current school year of preschool-aged at-risk students, if any; and
99		-	(B) the adjusted enrollment in the second preceding school year of
100		-	any students participating in the tax credit for low income students
101		-	scholarship program pursuant to K.S.A. 72-4351 et seq., and
102		-	amendments thereto, in the preceding school year, if any, plus the
103		-	adjusted enrollment in the preceding school year of preschool-aged at-
104		-	risk students who are participating in the tax credit for low income
105		-	students scholarship program pursuant to K.S.A. 72-4351 et seq., and
106		-	amendments thereto, in the current school year, if any.;
107		-	(3)(C) for any school district that has a military student, as that
108		-	term is defined in K.S.A. 72-5139, and amendments thereto, enrolled in
109		-	such district, and that received federal impact aid for the preceding
110		-	school year, if the enrollment in such school district in the preceding
111		-	school year has decreased from enrollment in the second preceding
112		-	school year, the enrollment of the school district in the current school
113		-	year means whichever is the greater of:
114		-	(A)(i) The enrollment amounts determined under paragraph (2)
115		-	subparagraphs (A) or (B); or
116		-	(B)(ii) the sum of the enrollment in the preceding school year of
117		-	the number of preschool-aged at-risk students regularly enrolled in the
118		-	school district on September 20 of the preceding school year, if any,
119		-	and the arithmetic mean of the sum of: House Substitute for SENATE BILL No. 73—page 3
120		-	(i)(a) The enrollment of the number of students regularly enrolled
121		-	in kindergarten and grades one through 12 in the school district in on
122		-	September 20 of the preceding school year minus the enrollment in
123		-	such school year of preschool-aged at-risk students, if any;
124		-	(ii)(b) the enrollment in the number of students regularly enrolled
125		-	in kindergarten and grades one through 12 in the school district on
126		-	September 20 of the second preceding school year minus the enrollment
127		-	in such school year of preschool-aged at-risk students, if any; and
128		-	(iii)(c) the enrollment in the number of students regularly enrolled
129		-	in kindergarten and grades one through 12 in the school district on
130		-	September 20 of the third preceding school year minus the enrollment
131		-	in such school year of preschool-aged at-risk students, if any; or
132		-	(D) for school year 2024-2025, the number of preschool-aged at-
133		-	risk students regularly enrolled in the school district on September 20
134		-	of the current school year and the arithmetic mean of the sum of:
135		-	(i) The number of students regularly enrolled in kindergarten and
136		-	grades one through 12 in the school district on September 20 of the
137		-	preceding school year; and
138		-	(ii) the number of students regularly enrolled in kindergarten and
139		-	grades one through 12 in the school district on September 20 of the
140		-	second preceding school year.
141		-	(4)(2) TheWhen enrollment is determined under paragraph (1), (2)
142		-	or (3), except if the school district begins to offer kindergarten on a
143		-	full-time basis in such school year, students regularly enrolled in
144		-	kindergarten in the school district in the preceding school year shall be
145		-	counted as one student regardless of actual attendance during such
146		-	preceding school year.
147		-	(3) A foreign exchange student shall not be counted in the
148		-	enrollment of a school district unless such student was regularly
149		-	enrolled on September 20 and attending kindergarten or any of the
150		-	grades one through 12 maintained by the district for at least one
151		-	semester or two quarters, or the equivalent thereof.
152		-	(m) "February 20" has its usual meaning, except that in any year
153		-	in which February 20 is not a day on which school is maintained, it
154		-	means the first day after February 20 on which school is maintained.
155		-	(n) "Federal impact aid" means an amount equal to the federally
156		-	qualified percentage of the amount of moneys a school district receives
157		-	in the current school year under the provisions of title I of public law
158		-	874 and congressional appropriations therefor, excluding amounts
159		-	received for assistance in cases of major disaster and amounts received
160		-	under the low-rent housing program. The amount of federal impact aid
161		-	shall be determined by the state board in accordance with terms and
162		-	conditions imposed under the provisions of the public law and rules
163		-	and regulations thereunder.
164		-	(o) "General fund" means the fund of a school district from which
165		-	operating expenses are paid and in which is deposited all amounts of
166		-	state foundation aid provided under this act, payments under K.S.A. 72-
167		-	528, and amendments thereto, payments of federal funds made
168		-	available under the provisions of title I of public law 874, except
169		-	amounts received for assistance in cases of major disaster and amounts
170		-	received under the low-rent housing program and such other moneys as
171		-	are provided by law.
172		-	(p) "General fund budget" means the amount budgeted for
173		-	operating expenses in the general fund of a school district.
174		-	(q) "High-density at-risk student weighting" means an addend
175		-	component assigned to the enrollment of school districts pursuant to
176		-	K.S.A. 72-5151(b), and amendments thereto, on the basis of costs
177		-	attributable to the maintenance of at-risk educational programs by such
178		-	school districts. House Substitute for SENATE BILL No. 73—page 4
179		-	(r) "High enrollment weighting" means an addend component
180		-	assigned to the enrollment of school districts pursuant to K.S.A. 72-
181		-	5149(b), and amendments thereto, on the basis of costs attributable to
182		-	maintenance of educational programs by such school districts.
183		-	(s) "Juvenile detention facility" means the same as such term is
184		-	defined in K.S.A. 72-1173, and amendments thereto.
185		-	(t) "Local foundation aid" means the sum of the following
186		-	amounts:
187		-	(1) An amount equal to any unexpended and unencumbered
188		-	balance remaining in the general fund of the school district, except
189		-	moneys received by the school district and authorized to be expended
190		-	for the purposes specified in K.S.A. 72-5168, and amendments thereto;
191		-	(2) an amount equal to any remaining proceeds from taxes levied
192		-	under authority of K.S.A. 72-7056 and 72-7072, prior to their repeal;
193		-	(3) an amount equal to the amount deposited in the general fund in
194		-	the current school year from moneys received in such school year by
195		-	the school district under the provisions of K.S.A. 72-3123(a), and
196		-	amendments thereto;
197		-	(4) an amount equal to the amount deposited in the general fund in
198		-	the current school year from moneys received in such school year by
199		-	the school district pursuant to contracts made and entered into under
200		-	authority of K.S.A. 72-3125, and amendments thereto;
201		-	(5) an amount equal to the amount credited to the general fund in
202		-	the current school year from moneys distributed in such school year to
203		-	the school district under the provisions of articles 17 and 34 of chapter
204		-	12 of the Kansas Statutes Annotated, and amendments thereto, and
205		-	under the provisions of articles 42 and 51 of chapter 79 of the Kansas
206		-	Statutes Annotated, and amendments thereto;
207		-	(6) an amount equal to the amount of payments received by the
208		-	school district under the provisions of K.S.A. 72-3423, and
209		-	amendments thereto; and
210		-	(7) an amount equal to the amount of any grant received by the
211		-	school district under the provisions of K.S.A. 72-3425, and
212		-	amendments thereto.
213		-	(u) "Low enrollment weighting" means an addend component
214		-	assigned to the enrollment of school districts pursuant to K.S.A. 72-
215		-	5149(a), and amendments thereto, on the basis of costs attributable to
216		-	maintenance of educational programs by such school districts.
217		-	(v) "Operating expenses" means the total expenditures and lawful
218		-	transfers from the general fund of a school district during a school year
219		-	for all purposes, except expenditures for the purposes specified in
220		-	K.S.A. 72-5168, and amendments thereto.
221		-	(w) "Preceding school year" means the school year immediately
222		-	before the current school year.
223		-	(x) "Preschool-aged at-risk student" means an at-risk student who
224		-	has attained the age of three years, is under the age of eligibility for
225		-	attendance at kindergarten, and has been selected by the state board in
226		-	accordance with guidelines governing the selection of students for
227		-	participation in head start programs.
228		-	(y) "Preschool-aged exceptional children" means exceptional
229		-	children, except gifted children, who have attained the age of three
230		-	years but are under the age of eligibility for attendance at kindergarten.
231		-	"Exceptional children" and "gifted children" mean the same as those
232		-	terms are defined in K.S.A. 72-3404, and amendments thereto.
233		-	(z) "Psychiatric residential treatment facility" means the same as
234		-	such term is defined in K.S.A. 72-1173, and amendments thereto.
235		-	(aa) (1) "Remote enrollment" means the number of students
236		-	regularly enrolled in kindergarten and grades one through 12 in the
237		-	school district who attended school through remote learning in excess House Substitute for SENATE BILL No. 73—page 5
238		-	of the remote learning limitations provided in K.S.A. 2023 Supp. 72-
239		-	5180, and amendments thereto.
240		-	(2) This subsection shall not apply in any school year prior to the
241		-	2021-2022 school year.
242		-	(bb) (1) "Remote learning" means a method of providing
243		-	education in which the student, although regularly enrolled in a school
244		-	district, does not physically attend the attendance center such student
245		-	would otherwise attend in person on a full-time basis and curriculum
246		-	and instruction are prepared, provided and supervised by teachers and
247		-	staff of such school district to approximate the student learning
248		-	experience that would take place in the attendance center classroom.
249		-	(2) "Remote learning" does not include virtual school as such term
250		-	is defined in K.S.A. 72-3712, and amendments thereto.
251		-	(3) This subsection shall not apply in any school year prior to the
252		-	2021-2022 school year.
253		-	(cc) "School district" means a school district organized under the
254		-	laws of this state that is maintaining public school for a school term in
255		-	accordance with the provisions of K.S.A. 72-3115, and amendments
256		-	thereto.
257		-	(dd) "School facilities weighting" means an addend component
258		-	assigned to the enrollment of school districts pursuant to K.S.A. 72-
259		-	5156, and amendments thereto, on the basis of costs attributable to
260		-	commencing operation of one or more new school facilities by such
261		-	school districts.
262		-	(ee) "School year" means the 12-month period ending June 30.
263		-	(ff) "September 20" has its usual meaning, except that in any year
264		-	in which September 20 is not a day on which school is maintained, it
265		-	means the first day after September 20 on which school is maintained.
266		-	(gg) "Special education and related services weighting" means an
267		-	addend component assigned to the enrollment of school districts
268		-	pursuant to K.S.A. 72-5157, and amendments thereto, on the basis of
269		-	costs attributable to the maintenance of special education and related
270		-	services by such school districts.
271		-	(hh) "State board" means the state board of education.
272		-	(ii) "State foundation aid" means the amount of aid distributed to a
273		-	school district as determined by the state board pursuant to K.S.A. 72-
274		-	5134, and amendments thereto.
275		-	(jj) (1) "Student" means any person who is regularly enrolled in a
276		-	school district and attending kindergarten or any of the grades one
277		-	through 12 maintained by the school district or who is regularly
278		-	enrolled in a school district and attending kindergarten or any of the
279		-	grades one through 12 in another school district in accordance with an
280		-	agreement entered into under authority of K.S.A. 72-13,101, and
281		-	amendments thereto, or who is regularly enrolled in a school district
282		-	and attending special education services provided for preschool-aged
283		-	exceptional children by the school district.
284		-	(2) (A) Except as otherwise provided in this subsection, the
285		-	following shall be counted as one student:
286		-	(i) A student in attendance full-time full time; and
287		-	(ii) a student enrolled in a school district and attending special
288		-	education and related services, provided for by the school district.
289		-	(B) The following shall be counted as
	11	+	Section 1. K.S.A. 2022 Supp. 21-5807 is hereby amended to read as
	12	+	follows: 21-5807. (a) Burglary is, without authority, entering into or
	13	+	remaining within any:
	14	+	(1) (A) Dwelling, with intent to commit a felony, theft, domestic
	15	+	battery, violation of a protection order or sexually motivated crime
	16	+	therein; or
	17	+	(B) locked or secured portion of any dwelling, with intent to commit
	18	+	a felony, theft, domestic battery, violation of a protection order or sexually
	19	+	motivated crime therein;
	20	+	(2) (A) building, manufactured home, mobile home, tent or other
	21	+	structure which is not a dwelling, with intent to commit a felony, theft,
	22	+	domestic battery, violation of a protection order or sexually motivated
	23	+	crime therein; or
	24	+	(B) locked or secured portion of any building, manufactured home,
	25	+	mobile home, tent or other structure which is not a dwelling, with intent to
	26	+	commit a felony, theft, domestic battery, violation of a protection order or
	27	+	sexually motivated crime therein; or
	28	+	(3) vehicle, aircraft, watercraft, railroad car or other means of
	29	+	conveyance of persons or property, with intent to commit a felony, theft,
	30	+	domestic battery, violation of a protection order or sexually motivated
	31	+	crime therein.
	32	+	(b) Aggravated burglary is, without authority, entering into or
	33	+	remaining within any:
	34	+	(1) (A) Dwelling in which there is a human being, with intent to
	35	+	commit a felony, theft, domestic battery, violation of a protection order or
	36	+	sexually motivated crime therein; or
	37	+	(B) locked or secured portion of any dwelling in which there is a
	38	+	human being, with intent to commit a felony, theft, domestic battery,
	39	+	violation of a protection order or sexually motivated crime therein;
290	40		1
291		-	/2 student:
292		-	(i) A student enrolled in a school district and attending special
293		-	education and related services for preschool-aged exceptional children
294		-	provided for by the school district; and
295		-	(ii) a preschool-aged at-risk student enrolled in a school district
296		-	and receiving services under an approved at-risk student assistance plan
297		-	maintained by the school district.
298		-	(C) A student in attendance part-time shall be counted as that House Substitute for SENATE BILL No. 73—page 6
299		-	proportion of one student, to the nearest
300		-	1
301		-	/10, that the student's
302		-	attendance bears to full-time attendance.
303		-	(D) A student enrolled in and attending an institution of
304		-	postsecondary education that is authorized under the laws of this state
305		-	to award academic degrees shall be counted as one student if the
306		-	student's postsecondary education enrollment and attendance together
307		-	with the student's attendance in either of the grades 11 or 12 is at least
	41	+	2
	42	+	3
	43	+	4
308	44		5
309		-	/6 time, otherwise the student shall be counted as that proportion of one
310		-	student, to the nearest
311		-	1
312		-	/10, that the total time of the student's
313		-	postsecondary education attendance and attendance in grades 11 or 12,
314		-	as applicable, bears to full-time attendance.
315		-	(E) A student enrolled in and attending a technical college, a
316		-	career technical education program of a community college or other
317		-	approved career technical education program shall be counted as one
318		-	student, if the student's career technical education attendance together
319		-	with the student's attendance in any of grades nine through 12 is at least
320		-	5
321		-	/6 time, otherwise the student shall be counted as that proportion of one
322		-	student, to the nearest
323		-	1
324		-	/10, that the total time of the student's career
325		-	technical education attendance and attendance in any of grades nine
326		-	through 12 bears to full-time attendance.
327		-	(F) A student enrolled in a school district and attending a non-
328		-	virtual school and also attending a virtual school shall be counted as
329		-	that proportion of one student, to the nearest
330		-	1
331		-	/10, that the student's
332		-	attendance at the non-virtual school bears to full-time attendance.
333		-	(G) A student enrolled in a school district and attending special
334		-	education and related services provided for by the school district and
335		-	also attending a virtual school shall be counted as that proportion of
336		-	one student, to the nearest
337		-	1
338		-	/10, that the student's attendance at the non-
339		-	virtual school bears to full-time attendance.
340		-	(H) A student enrolled in a school district and attending school on
341		-	a part-time basis through remote learning and also attending school in
342		-	person on a part-time basis shall be counted as that proportion of one
343		-	student, to the nearest
344		-	1
345		-	/10, that the student's in-person attendance bears
346		-	to full-time attendance.
347		-	(I) A student enrolled in a school district who is not a resident of
348		-	Kansas shall be counted as
349		-	1
350		-	/2 of a student.
351		-	This subparagraph shall not apply to:
352		-	(i) A student whose parent or legal guardian is an employee of the
353		-	school district where such student is enrolled; or
354		-	(ii) a student who attended public school in Kansas during school
355		-	year 2016-2017 and who attended public school in Kansas during the
356		-	immediately preceding school year.
357		-	(3) The following shall not be counted as a student:
358		-	(A) An individual residing at the Flint Hills job corps center;
359		-	(B) except as provided in paragraph (2), an individual confined in
360		-	and receiving educational services provided for by a school district at a
361		-	juvenile detention facility; and
362		-	(C) an individual enrolled in a school district but housed,
363		-	maintained and receiving educational services at a state institution or a
364		-	psychiatric residential treatment facility.
365		-	(4) A student enrolled in virtual school pursuant to K.S.A. 72-
366		-	3711 et seq., and amendments thereto, shall be counted in accordance
367		-	with the provisions of K.S.A. 72-3715, and amendments thereto.
368		-	(5) A student enrolled in a school district who attends school
369		-	through remote learning shall be counted in accordance with the
370		-	provisions of this section and K.S.A. 2023 Supp. 72-5180, and
371		-	amendments thereto.
372		-	(kk) "Total foundation aid" means an amount equal to the product
373		-	obtained by multiplying the BASE aid by the adjusted enrollment of a House Substitute for SENATE BILL No. 73—page 7
374		-	school district.
375		-	(ll) "Transportation weighting" means an addend component
376		-	assigned to the enrollment of school districts pursuant to K.S.A. 72-
377		-	5148, and amendments thereto, on the basis of costs attributable to the
378		-	provision or furnishing of transportation.
379		-	(mm) "Virtual school" means the same as such term is defined in
380		-	K.S.A. 72-3712, and amendments thereto.
381		-	Sec. 2. K.S.A. 2023 Supp. 72-5132 is hereby repealed.
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	75	+	36 SB 73 2
	76	+	(2) (A) building, manufactured home, mobile home, tent or other
	77	+	structure which is not a dwelling in which there is a human being, with
	78	+	intent to commit a felony, theft, domestic battery, violation of a protection
	79	+	order or sexually motivated crime therein; or
	80	+	(B) locked or secured portion of any building, manufactured home,
	81	+	mobile home, tent or other structure which is not a dwelling in which there
	82	+	is a human being, with intent to commit a felony, theft, domestic battery,
	83	+	violation of a protection order or sexually motivated crime therein; or
	84	+	(3) vehicle, aircraft, watercraft, railroad car or other means of
	85	+	conveyance of persons or property in which there is a human being, with
	86	+	intent to commit a felony, theft, domestic battery, violation of a protection
	87	+	order or sexually motivated crime therein.
	88	+	(c) (1) Burglary as defined in:
	89	+	(A) (i) Subsection (a)(1) is a severity level 7, person felony, except as
	90	+	provided in subsection (c)(1)(B);
	91	+	(ii) subsection (a)(2) is a severity level 7, nonperson felony, except as
	92	+	provided in subsection (c)(1)(B); and
	93	+	(iii) subsection (a)(3) is a severity level 9, nonperson felony, except
	94	+	as provided in subsection (c)(1)(B); and
	95	+	(B) (i) subsection (a)(1), with intent to commit the theft of a firearm,
	96	+	is a severity level 5, person felony; and
	97	+	(ii) subsection (a)(2) or (a)(3), with intent to commit the theft of a
	98	+	firearm, is a severity level 5, nonperson felony.
	99	+	(2) Aggravated burglary as defined in:
	100	+	(A) Subsection (b)(1) is a severity level 4, person felony; and
	101	+	(B) subsection (b)(2) or (b)(3) is a severity level 5, person felony.
	102	+	(d) As used in this section, "sexually motivated" means that one of
	103	+	the purposes for which the defendant committed the crime was for the
	104	+	purpose of the defendant's sexual gratification.
	105	+	(e) This section shall not apply to any person entering into or
	106	+	remaining in a retail or commercial premises at any time that it is open to
	107	+	the public after having received a personal communication from the owner
	108	+	or manager of such premises not to enter such premises pursuant to K.S.A.
	109	+	2022 Supp. 21-5808, and amendments thereto, except when such person is
	110	+	entering into or remaining in such premises with the intent to commit a
	111	+	person felony or sexually motivated crime therein.
	112	+	Sec. 2. K.S.A. 2022 Supp. 21-5807 is hereby repealed.
382	113		Sec. 3. This act shall take effect and be in force from and after its
383	114		publication in the statute book.
384		-	I hereby certify that the above BILL originated in the
385		-	SENATE, and passed that body
386		-	__________________________
387		-	SENATE adopted
388		-	Conference Committee Report ________________
389		-	_________________________
390		-	President of the Senate.
391		-	_________________________
392		-	Secretary of the Senate.
393		-
394		-	Passed the HOUSE
395		-	as amended _________________________
396		-	HOUSE adopted
397		-	Conference Committee Report ________________
398		-	_________________________
399		-	Speaker of the House.
400		-	_________________________
401		-	Chief Clerk of the House.
402		-	APPROVED _____________________________
403		-	_________________________
404		-	Governor.
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