SENATE BILL No. 13
AN ACT concerning the secretary of state; relating to the filing of public records with the
secretary of state; eliminating the requirement for labor organizations to file such
organization's constitution, bylaws and annual reports and fees associated with such
filings; eliminating requirements for the board of regents to file reciprocal
agreements for use of educational facilities; eliminating the requirement for the
secretary of revenue to file an annual report and lists of tax indebtedness and
liabilities; eliminating the requirement that river bank easements be filed; eliminating
requirements for warehousemen to be licensed by the secretary of state and for filing
any associated records; amending K.S.A. 44-807, 44-809, 44-810, 44-823, 74-3220,
74-3221, 75-5501, 79-6a14, 79-3233g, 82-165 and 82-169 and K.S.A. 2024 Supp.
79-3233b and 82a-220 and repealing the existing sections; also repealing K.S.A. 44-
805, 44-806, 44-806a, 75-4337, 82-163, 82-164 and 82-167.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 44-807 is hereby amended to read as follows:
44-807. The secretary of state shall prepare and keep a register or
proper record showing the date of filing of the application provided for
in K.S.A. 44-804, and amendments thereto, the name names of the
licensee, and of the labor organization for whom he such licensee will
act as agent, and shall receive, file and properly index the documents
provided for in K.S.A. 44-805 and 44-806. TheSuch records provided
for herein shall be made available by the secretary of state to all
persons for examination and taking of copies.
Sec. 2. K.S.A. 44-809 is hereby amended to read as follows: 44-
809. It shall be unlawful for any person:
(1) To interfere with or prevent the right of franchise of any
member of a labor organization. The right of franchise shall include the
right of an employee to make a complaint, file charges, give
information or testimony concerning the violations of this act, or the
petitioning to such employee's union regarding any grievance that such
employee may have concerning such employee's membership or
employment, or the making known facts concerning such grievance or
violations of law to any person, including public officials or the
employer, and such employee's right of free petition, lawful assemblage
and free speech.
(2) To prohibit or prevent any election of the officers of any labor
organization.
(3) On and after July 1, 1955, To participate in any strike, walk-
out, or cessation of work or continuation thereof against an employer
when any of such employer's employees are organized into a collective
bargaining unit without the same being authorized by a majority vote of
the employees in such collective bargaining unit at an election, by
secret ballot, held, conducted and canvassed in accordance with rules
and regulations which that shall be adopted by the secretary of labor.
The provisions of This section shall not prohibit any person from
terminating such person's employment on such person's own volition.
(4) To enter into an all-union agreement as a representative of
employees in a collective bargaining unit unless the such employees to
be governed thereby have, by a majority vote of such employees by
secret ballot, authorized such agreement.
(5) To conduct any election referred to in subsections (3) and (4)
of this section without a secret ballot.
(6) To charge, receive, or retain any dues, assessments, or other
charges in excess of, or not authorized by, the constitution or bylaws of
any labor organization on file as provided in K.S.A. 44-806, and
amendments thereto.
(7) To act as a business agent without having obtained and
possessing a valid and subsisting license.
(8) To act as a business agent without having obtained and
without possessing a valid and subsisting license.
(8) To solicit membership for or to act as a representative of an SENATE BILL No. 13—page 2
existing labor organization without authority of such labor organization
to do so.
(9) To make any false statement in an application for a license.
(10) To act as a business agent or representative of any labor
organization which does not have on file, with the secretary of state, its
constitution and bylaws.
(11)(10) For any person to seize or occupy property unlawfully
during the existence of a labor dispute.
(12)(11) To coerce or intimidate any employee in the enjoyment of
such employee's legal rights, including those guaranteed in K.S.A. 44-
803, and amendments thereto, or to intimidate such employee's family,
picket such employee's domicile or injure the person or property of
such employee or such employee's family or to in any way discriminate
against any employee, member of a labor organization or other person
by reason of such employee's exercise of any right guaranteed to such
employee by the provisions of this act.
(13)(12) To picket beyond the area of the industry within which a
labor dispute arises.
(14)(13) To engage in picketing by force and violence, or to picket
in such a manner as to prevent ingress and egress to and from any
premises, or to picket other than in a peaceable manner.
(15)(14) To violate the terms of a collective bargaining agreement.
(16)(15) To enter into a closed shop agreement.
Sec. 3. K.S.A. 44-810 is hereby amended to read as follows: 44-
810. An action shall be commenced by the attorney general or the
county attorney of any county of the state on complaint of any
interested party, for the suspension or revocation of the license of
against any business agent for the violation of any of the provisions of
this act. Said Such action may be commenced in the district court of the
county of residence of such business agent or of the county in which
such violations occurred. Such action shall be heard by the court
without a jury, and the code of civil procedure shall apply in such
proceedings. The court may suspend such license for such time as in its
judgment is deemed best, or may revoke such license.
Sec. 4. K.S.A. 44-823 is hereby amended to read as follows: 44-
823. (a) Agricultural employers shall recognize certified employee
organizations for the purpose of representing their members as to
grievances and conditions of employment. Employee organizations
may establish reasonable provisions for an individual's admission to or
dismissal from membership.
(b) WhereIf an employee organization has been certified by the
board as representing a majority of the employees in an appropriate
unit, the appropriate agricultural employer shall meet and confer in
good faith with such employee organization in the determination of
conditions of employment of the agricultural employees as provided in
this act, and may enter into a memorandum of agreement with such
recognized employee organization.
(c) A recognized employee organization shall represent not less
than a majority of the employees of an appropriate unit. When a
question concerning the designation of an appropriate unit is raised by
an agricultural employer or an employee organization, the board, at the
request of any of the parties, shall investigate such question and, after a
hearing conducted in accordance with the provisions of the Kansas
administrative procedure act, rule on the definition of the appropriate
unit in accordance with subsection (e) of this section (f).
(d) Following determination of the appropriate unit of employees,
the board, at the request of the agricultural employer or on petition of
employees, shall investigate questions and certify to the parties in
writing, the names of the representatives that have been designated for SENATE BILL No. 13—page 3
an appropriate unit. The filing of a petition for the investigation or
certification of a representative of employees shall show the names of
not less than 30% of the employees within an appropriate unit. In any
such investigation, the board may provide for an appropriate hearing in
accordance with the provisions of the Kansas administrative procedure
act, shall determine voting eligibility and shall take a secret ballot of
employees in the appropriate unit involved to ascertain such
representatives for the purpose of formal recognition. Recognition shall
be granted only to an employee organization that has been selected in a
secret ballot election by a majority of the eligible employees in an
appropriate unit who vote in such election. Each employee eligible to
vote shall be provided the opportunity to choose the employee
organization that such employee wishes to represent such employee,
from among those on the ballot, or to choose "no representation." The
board is authorized to hold elections to determine whether:
(1) An employee organization should be recognized as the formal
representative of employees in a unit;
(2) an employee organization should replace another employee
organization as the formal representative of employees in a unit; and
(3) a recognized employee organization should be decertified. If
the board has certified a formally recognized representative in an
appropriate unit, it shall not be required to consider the matter again for
a period of one year, unless the board determines that sufficient reason
exists.
(e) No election shall be directed in any appropriate unit or
subdivision thereof where there is in force and effect a valid
memorandum of agreement which that was not prematurely extended
and which is of a fixed duration not exceeding three years;, except that
the board shall reconsider any certification upon receipt of a voluntary
petition of 70% or more of the employees of any appropriate unit, that
is seeking decertification. The board may promulgate such rules and
regulations as may be appropriate to carry out the provisions of this
section.
(e)(f) Any group of agricultural employees considering the
formation of an employee organization for formal recognition and the
board, in investigating questions at the request of the parties as
specified in this section, shall establish an appropriate unit to include
the largest number of eligible employees consistent with:
(1) The principles of efficient administration of the business;
(2) the existence of a community of interest among employees;
(3) the history of employee organization;
(4) geographical location;
(5) the effects of overfragmentation and the splintering of a work
organization;
(6) the provisions of K.S.A. 44-822, and amendments thereto; and
(7) the recommendations of the parties involved.
(f)(g) Supervisory, confidential, clerical, domestic, technical,
executive and professional employees and guard shall be excluded from
an agricultural employee appropriate unit.
(g)(h) As a condition precedent to certification, an employee
organization shall file with the secretary of state a copy of its have
articles, bylaws or governing rules which that shall provide that the
employee organizations:
(1) Will establish and maintain standards of conduct providing for
the maintenance of democratic procedures and practices, including the
fair and equal treatment of all members;
(2) will disclose fully to members in advance the purpose of all
assessments and collections;
(3) will have a secret ballot election of all officers not less SENATE BILL No. 13—page 4
frequently than every four years; (4) will submit to the secretary of
state annually a list of the names and addresses of its officers and a
designation of its principal office within the state of Kansas, and will
notify the secretary of state of any changes in such information within
30 days after the making of such change; (5) will submit to the
secretary of state an annual financial report in the manner and form and
containing information required under the provisions of K.S.A. 44-806
and amendments thereto; and (6) and
(4) will prohibit all business and financial interests by officers
which that conflict with their such officers' fiduciary responsibilities.
Sec. 5. K.S.A. 74-3220 is hereby amended to read as follows: 74-
3220. Any agreement entered into pursuant to the provisions of this
section shall be approved by the attorney general and a copy filed in the
office of the secretary of state.
Sec. 6. K.S.A. 74-3221 is hereby amended to read as follows: 74-
3221. (a) The state board of regents may make reciprocal agreements
with the authorized officials having control and supervision of one or
more universities or colleges located in other states, territories or
countries. Any such agreement shall provide that residents of the state
of Kansas will be admitted to one or more specified universities or
colleges located in such other state, territory or country for the purpose
of pursuing courses of collegiate, graduate or professional study, and
that residents of such other state, territory or country will be admitted to
one or more specified institutions under the state board of regents for
the same purpose. Any such agreement may provide that residents of
the state of Kansas will be admitted to such university or college in
such other state, territory or country upon payment of tuition and fees
applicable to residents of such other state, territory or country on the
condition that like privileges will be granted to residents of such other
state, territory or country upon admission to such institution under
control of the state board of regents. Any such agreement may limit the
maximum number of students to be admitted under such agreement to
any one or more specified universities or colleges or institutions in
specific periods of time. Any such agreement may contain such
additional provisions as may be necessary or appropriate to carry out
the intention of this act.
(b) Any agreement made under authority of this act shall provide
that such agreement may be cancelled effective not more than one year
after notice in writing is given by the state board of regents to the
proper authorities of the other party or parties to the agreement, or by
notice under the same conditions from the officials of any other party to
the agreement given to the state board of regents. Every agreement
made under the provisions of this act shall be signed by the chairperson
of the state board of regents and shall be approved by the governor.
Every such agreement shall be filed in the office of the secretary of
state.
Sec. 7. K.S.A. 75-5501 is hereby amended to read as follows: 75-
5501. (a) The director of accounts and reports shall formulate a system
of payroll accounting, including timekeeping, payroll calculation and
pay distribution (or delivery) and labor cost distribution and analysis,
and shall install and operate such system of payroll accounting for all
state agencies. The system shall include provision for centralized
records, which that shall include payroll data for all individuals which
who with the common law employer-employee relationship is created
by agencies of the state of Kansas and which shall be coordinated with
records maintained by the division of personnel services and other state
agencies. If biweekly payroll periods are established under K.S.A. 75-
5501a, and amendments thereto, the system of payroll accounting shall
be modified to implement such biweekly payroll periods. State SENATE BILL No. 13—page 5
agencies shall utilize the system of payroll accounting to the extent
prescribed by the director of accounts and reports, and shall submit
such reports and statements as may be required by the director in order
to carry out the provisions of this act. The director of accounts and
reports shall design, revise and direct the use of records and procedures
and prescribe classifications of coding payroll data, methods of funding
labor cost through the central payroll account and a system of
prepayment and postpayment debit and credit transactions and entries
on the records created from payroll data and the necessary forms to be
used by all state agencies in connection with such system of payroll
accounting. TheSuch payroll system so designed shall include generally
accepted accounting principles of internal check, and which may
include timekeeping for attendance and performance, as prescribed in
this act.
(b) The director of accounts and reports shall provide, as a part of
the system of payroll accounting, a plan for the deduction from the
salary or wages of an amount equal to regular membership dues for
state officers and employees who are members of the Kansas troopers
association or who are in any employee organization which has filed an
annual report pursuant to K.S.A. 75-4337 or which has a business agent
registered pursuant to K.S.A. 75-4336. Such plan, in addition to such
provisions as are negotiated by the director of accounts and reports and
the employee organization, shall provide for:
(1) A written authorization-assignment by a state officer or
employee prior to any dues deduction from the salary or wages of such
officer or employee, which. Such authorization-assignment shall remain
effective for not less than 180 days and shall be terminated at any time
thereafter upon 30 days' prior notice by the state officer or employee of
termination of the authorization-assignment;
(2) change in the amount of regular membership dues to be
deducted, but not more often than twice in any fiscal year;
(3) renewal of an authorization-assignment by an officer or
employee after termination of a prior authorization-assignment upon 90
days' prior notice by the officer or employee who has terminated a
membership dues deduction; and
(4) payment of all moneys deducted during each payroll period
pursuant to this section to the employee organization less the amount of
actual direct expenses incurred by this state for the membership dues
deduction.
Sec. 8. K.S.A. 79-6a14 is hereby amended to read as follows: 79-
6a14. (a) Whenever the director of property valuation shall determine
that it is advisable to abate motor carrier ad valorem tax liabilities
determined to be uncollectable accounts, the director shall file a
petition with the state board of tax appeals setting forth:
(a)(1) The name of the debtor;
(b)(2) the year for in which the tax is due;
(c)(3) the amount of the obligation;
(d)(4) a review or statement of actions taken to collect such taxes;
and
(e)(5) one or more of the grounds for abatement as hereinafter set
forth prescribed by this section.
(b) The state board of tax appeals, within 60 days after the petition
is filed by the director of property valuation, may approve or
disapprove of the abatement of any motor carrier ad valorem tax
liability submitted by the director. The director shall prepare an order
abating any tax liability, the abatement of which has been as approved
by the state board of tax appeals, upon receiving notice of such
approval. The director shall prepare an order abating any tax liability
submitted to and not specifically disapproved by the state board of tax SENATE BILL No. 13—page 6
appeals within 60 days of the filing of the petition to abate said such tax
liability. A list of all tax liabilities abated under the authority of this
section shall be filed with the secretary of state and thereafter preserved
by the secretary as a public record.
Sec. 9. K.S.A. 2024 Supp. 79-3233b is hereby amended to read as
follows: 79-3233b. (a) The secretary shall maintain a record of each
abatement that reduces a final tax liability by $5,000 or more. Such
record shall contain:
(1) The name and address of the taxpayer, and the petitioner, if
different;
(2) the disputed tax liability including penalty and interest;
(3) the taxpayer's grounds for contesting the liability together with
all supporting evidence;
(4) all staff recommendations, reports and audits;
(5) the reasons for, conditions to, and the amount of the
abatement; and
(6) the payment made, if any.
(b) Such records shall be maintained by the department for nine
years.
(b)(c) The secretary shall make an annual report that identifies the
taxpayer, summarizes the issues and the reasons for abatement, and
states the amount of liability that was abated pursuant to this section for
each abatement that reduced a final tax liability by $5,000 or more. The
secretary shall file the report with the secretary of state and the attorney
general on or before September 30 of each year. Any other provision of
law notwithstanding, the secretary shall make the annual report
available for public inspection upon written request.
Sec. 10. K.S.A. 79-3233g is hereby amended to read as follows:
79-3233g. (a) In all cases where the income tax liability exceeds the
sum of $100 including penalties and interest, the secretary shall petition
the state board of tax appeals to abate such income tax liability setting
forth and include the name of the debtor, the year for in which the tax is
due, and the grounds for abatement as set forth prescribed in K.S.A.
79-3233i, and amendments thereto.
(b) The state board of tax appeals may, within 60 days after the
petition is filed by the secretary, approve or disapprove the requested
abatement. The secretary shall prepare an order abating any tax
indebtedness that has been approved by the board or that has been
submitted to and not specifically disapproved by the board within 60
days of the filing of the petition. Notwithstanding any other contrary
provision of law, a list of all tax indebtedness abated under the
authority of this section shall be filed with the secretary of state and
thereafter preserved as a public record.
Sec. 11. K.S.A. 2024 Supp. 82a-220 is hereby amended to read as
follows: 82a-220. (a) As used in this act:
(1) "Conservation project" means any project or activity that the
director of the Kansas water office determines will assist in restoring,
protecting, rehabilitating, improving, sustaining or maintaining the
banks of the Arkansas, Kansas or Missouri rivers from the effects of
erosion;
(2) "director" means the director of the Kansas water office; and
(3) "state property" means real property currently owned in full or
in part by the state in the Arkansas, Kansas or Missouri rivers in
Kansas, in and along the bed of the river to the ordinary high water
mark on the banks of such rivers.
(b) (1) The director is hereby authorized to may negotiate and
grant easements on state property for construction and maintenance of
conservation projects with cooperating landowners in such projects for
the expected life of the project and with such terms and conditions as SENATE BILL No. 13—page 7
the director, after consultation with the Kansas department of
agriculture, the Kansas department of health and environment, the
Kansas department of wildlife and parks and the Kansas department of
agriculture division of conservation, may deem appropriate.
(2) Notice of the easement shall be given to the county or counties
in which the easement is proposed and to any municipality or other
governmental entity that, in the opinion of the director, holds a riparian
interest in the river and may have an interest in the project or results
thereof. Those persons or entities receiving notice shall have a period,
not to exceed 30 days, to provide comment on the proposed easement
to the director.
(3) In the event such an easement is proposed to be granted on
state property owned or managed by any other agency of the state, the
director shall give notice of the proposed easement and project to that
agency and shall jointly negotiate any such easement so granted.
(4) A copy of all easements so entered shall be filed by the
director with the office of the secretary of state and the office of the
register of deeds for the county or counties in which the easement is
located.
(c) The director shall adopt rules and regulations necessary to
carry out the provisions of this act.
Sec. 12. K.S.A. 82-165 is hereby amended to read as follows: 82-
165. Every bonded warehouseman applying for such license shall file
with the secretary of state, before being issued such license, shall
obtain a good and sufficient bond to the state of Kansas, to be approved
by the secretary of state, with other than personal sureties, in the penal
sum of not less than $5,000 nor more than $50,000, proportioned, in the
discretion of the secretary of state, according to the capacity of the
warehouse so operated. The bond shall be conditioned for the faithful
performance of his or her such warehouseman's duties as a
warehouseman under the laws of this state, and of such additional
obligations as a warehouseman which that may be assumed by him or
her such warehouseman under contract with any owner depositing
goods with him or her such warehouseman or with any purchaser or
holder of warehouse receipts issued by him or her such warehouseman.
Sec. 13. K.S.A. 82-169 is hereby amended to read as follows: 82-
169. It shall be unlawful for any person to advertise or do business as a
"bonded warehouseman" without complying with the provisions of this
act, and procuring and having a license as herein provided.
Sec. 14. K.S.A. 44-805, 44-806, 44-806a, 44-807, 44-809, 44-810,
44-823, 74-3220, 74-3221, 75-4337, 75-5501, 79-6a14, 79-3233g, 82-
163, 82-164, 82-165, 82-167 and 82-169 and K.S.A. 2024 Supp. 79-
3233b and 82a-220 are hereby repealed. SENATE BILL No. 13—page 8
Sec. 15. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
_________________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE ________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED ____________________________
_________________________
Governor.