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1 | + | Session of 2025 | |
1 | 2 | SENATE BILL No. 13 | |
2 | - | AN ACT concerning the secretary of state; relating to the filing of public records with the | |
3 | - | secretary of state; eliminating the requirement for labor organizations to file such | |
4 | - | organization's constitution, bylaws and annual reports and fees associated with such | |
5 | - | filings; eliminating requirements for the board of regents to file reciprocal | |
6 | - | agreements for use of educational facilities; eliminating the requirement for the | |
7 | - | secretary of revenue to file an annual report and lists of tax indebtedness and | |
8 | - | liabilities; eliminating the requirement that river bank easements be filed; eliminating | |
9 | - | requirements for warehousemen to be licensed by the secretary of state and for filing | |
10 | - | any associated records; amending K.S.A. 44-807, 44-809, 44-810, 44-823, 74-3220, | |
11 | - | 74-3221, 75-5501, 79-6a14, 79-3233g, 82-165 and 82-169 and K.S.A. 2024 Supp. | |
12 | - | 79-3233b and 82a-220 and repealing the existing sections; also repealing K.S.A. 44- | |
13 | - | 805, 44-806, 44-806a, 75-4337, 82-163, 82-164 and 82-167. | |
3 | + | By Committee on Government Efficiency | |
4 | + | 1-16 | |
5 | + | AN ACT concerning the secretary of state; relating to the filing of public | |
6 | + | records with the secretary of state; eliminating the requirement for | |
7 | + | labor organizations to file such organization's constitution, bylaws and | |
8 | + | annual reports and fees associated with such filings; eliminating the | |
9 | + | requirement that business agents of labor organizations register and the | |
10 | + | fees and filings associated with such registration; eliminating | |
11 | + | requirements for the board of regents to file reciprocal agreements for | |
12 | + | use of educational facilities; eliminating the requirement for the | |
13 | + | secretary of revenue to file an annual report and lists of tax | |
14 | + | indebtedness and liabilities; eliminating the requirement that river bank | |
15 | + | easements be filed; eliminating requirements for warehousemen to be | |
16 | + | licensed by the secretary of state and for filing any associated records; | |
17 | + | amending K.S.A. 44-809, 44-810, 44-823, 74-3220, 74-3221, 75-5501, | |
18 | + | 79-6a14, 79-3233g, 82-165 and 82-169 and K.S.A. 2024 Supp. 79- | |
19 | + | 3233b and 82a-220 and repealing the existing sections; also repealing | |
20 | + | K.S.A. 44-804, 44-805, 44-806, 44-806a, 44-807, 44-812, 75-4336, 75- | |
21 | + | 4337, 82-163, 82-164 and 82-167. | |
14 | 22 | Be it enacted by the Legislature of the State of Kansas: | |
15 | - | Section 1. K.S.A. 44-807 is hereby amended to read as follows: | |
16 | - | 44-807. The secretary of state shall prepare and keep a register or | |
17 | - | proper record showing the date of filing of the application provided for | |
18 | - | in K.S.A. 44-804, and amendments thereto, the name names of the | |
19 | - | licensee, and of the labor organization for whom he such licensee will | |
20 | - | act as agent, and shall receive, file and properly index the documents | |
21 | - | provided for in K.S.A. 44-805 and 44-806. TheSuch records provided | |
22 | - | for herein shall be made available by the secretary of state to all | |
23 | - | persons for examination and taking of copies. | |
24 | - | Sec. 2. K.S.A. 44-809 is hereby amended to read as follows: 44- | |
23 | + | Section 1. K.S.A. 44-809 is hereby amended to read as follows: 44- | |
25 | 24 | 809. It shall be unlawful for any person: | |
26 | - | (1) To interfere with or prevent the right of franchise of any | |
27 | - | member of a labor organization. The right of franchise shall include the | |
28 | - | right of an employee to make a complaint, file charges, give | |
29 | - | information or testimony concerning the violations of this act, or the | |
30 | - | petitioning to such employee's union regarding any grievance that such | |
31 | - | employee may have concerning such employee's membership or | |
32 | - | employment, or the making known facts concerning such grievance or | |
33 | - | violations of law to any person, including public officials or the | |
34 | - | employer, and such employee's right of free petition, lawful assemblage | |
35 | - | and free speech. | |
25 | + | (1) To interfere with or prevent the right of franchise of any member | |
26 | + | of a labor organization. The right of franchise shall include the right of an | |
27 | + | employee to make a complaint, file charges, give information or testimony | |
28 | + | concerning the violations of this act, or the petitioning to such employee's | |
29 | + | union regarding any grievance that such employee may have concerning | |
30 | + | such employee's membership or employment, or the making known facts | |
31 | + | concerning such grievance or violations of law to any person, including | |
32 | + | public officials or the employer, and such employee's right of free petition, | |
33 | + | lawful assemblage and free speech. | |
36 | 34 | (2) To prohibit or prevent any election of the officers of any labor | |
37 | 35 | organization. | |
38 | - | (3) On and after July 1, 1955, To participate in any strike, walk- | |
39 | - | out, or cessation of work or continuation thereof against an employer | |
40 | - | when any of such employer's employees are organized into a collective | |
41 | - | bargaining unit without the same being authorized by a majority vote of | |
42 | - | the employees in such collective bargaining unit at an election, by | |
43 | - | secret ballot, held, conducted and canvassed in accordance with rules | |
44 | - | and regulations which that shall be adopted by the secretary of labor. | |
45 | - | The provisions of This section shall not prohibit any person from | |
46 | - | terminating such person's employment on such person's own volition. | |
36 | + | (3) On and after July 1, 1955, To participate in any strike, walk-out, | |
37 | + | or cessation of work or continuation thereof against an employer when any | |
38 | + | of such employer's employees are organized into a collective bargaining | |
39 | + | unit without the same being authorized by a majority vote of the | |
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76 | + | employees in such collective bargaining unit at an election, by secret | |
77 | + | ballot, held, conducted and canvassed in accordance with rules and | |
78 | + | regulations which that shall be adopted by the secretary of labor. The | |
79 | + | provisions of This section shall not prohibit any person from terminating | |
80 | + | such person's employment on such person's own volition. | |
47 | 81 | (4) To enter into an all-union agreement as a representative of | |
48 | - | employees in a collective bargaining unit unless the such employees to | |
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51 | - | (5) To conduct any election referred to in subsections (3) and (4) | |
52 | - | ||
82 | + | employees in a collective bargaining unit unless the such employees to be | |
83 | + | governed thereby have, by a majority vote of such employees by secret | |
84 | + | ballot, authorized such agreement. | |
85 | + | (5) To conduct any election referred to in subsections (3) and (4) of | |
86 | + | this section without a secret ballot. | |
53 | 87 | (6) To charge, receive, or retain any dues, assessments, or other | |
54 | 88 | charges in excess of, or not authorized by, the constitution or bylaws of | |
55 | 89 | any labor organization on file as provided in K.S.A. 44-806, and | |
56 | 90 | amendments thereto. | |
57 | - | (7) To act as a business agent without having obtained and | |
58 | - | possessing a valid and subsisting license. | |
59 | - | (8) To act as a business agent without having obtained and | |
60 | - | without possessing a valid and subsisting license. | |
61 | - | (8) To solicit membership for or to act as a representative of an SENATE BILL No. 13—page 2 | |
62 | - | existing labor organization without authority of such labor organization | |
63 | - | to do so. | |
64 | - | (9) To make any false statement in an application for a license. | |
91 | + | (7) To act as a business agent without having obtained and possessing | |
92 | + | a valid and subsisting license. | |
93 | + | (8) To solicit membership for or to act as a representative of an | |
94 | + | existing labor organization without authority of such labor organization to | |
95 | + | do so. | |
96 | + | (9)(8) To make any false statement in an application for a license. | |
65 | 97 | (10) To act as a business agent or representative of any labor | |
66 | 98 | organization which does not have on file, with the secretary of state, its | |
67 | 99 | constitution and bylaws. | |
68 | - | (11)( | |
69 | - | ||
70 | - | (12)( | |
71 | - | such employee's legal rights, including those guaranteed in K.S.A. 44- | |
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78 | - | (13)( | |
100 | + | (11)(9) For any person to seize or occupy property unlawfully during | |
101 | + | the existence of a labor dispute. | |
102 | + | (12)(10) To coerce or intimidate any employee in the enjoyment of | |
103 | + | such employee's legal rights, including those guaranteed in K.S.A. 44-803, | |
104 | + | and amendments thereto, or to intimidate such employee's family, picket | |
105 | + | such employee's domicile or injure the person or property of such | |
106 | + | employee or such employee's family or to in any way discriminate against | |
107 | + | any employee, member of a labor organization or other person by reason | |
108 | + | of such employee's exercise of any right guaranteed to such employee by | |
109 | + | the provisions of this act. | |
110 | + | (13)(11) To picket beyond the area of the industry within which a | |
79 | 111 | labor dispute arises. | |
80 | - | (14)(13) To engage in picketing by force and violence, or to picket | |
81 | - | in such a manner as to prevent ingress and egress to and from any | |
82 | - | premises, or to picket other than in a peaceable manner. | |
83 | - | (15)(14) To violate the terms of a collective bargaining agreement. | |
84 | - | (16)(15) To enter into a closed shop agreement. | |
85 | - | Sec. 3. K.S.A. 44-810 is hereby amended to read as follows: 44- | |
86 | - | 810. An action shall be commenced by the attorney general or the | |
87 | - | county attorney of any county of the state on complaint of any | |
88 | - | interested party, for the suspension or revocation of the license of | |
89 | - | against any business agent for the violation of any of the provisions of | |
90 | - | this act. Said Such action may be commenced in the district court of the | |
91 | - | county of residence of such business agent or of the county in which | |
92 | - | such violations occurred. Such action shall be heard by the court | |
93 | - | without a jury, and the code of civil procedure shall apply in such | |
94 | - | proceedings. The court may suspend such license for such time as in its | |
95 | - | judgment is deemed best, or may revoke such license. | |
96 | - | Sec. 4. K.S.A. 44-823 is hereby amended to read as follows: 44- | |
97 | - | 823. (a) Agricultural employers shall recognize certified employee | |
112 | + | (14)(12) To engage in picketing by force and violence, or to picket in | |
113 | + | such a manner as to prevent ingress and egress to and from any premises, | |
114 | + | or to picket other than in a peaceable manner. | |
115 | + | (15)(13) To violate the terms of a collective bargaining agreement. | |
116 | + | (16)(14) To enter into a closed shop agreement. | |
117 | + | Sec. 2. K.S.A. 44-810 is hereby amended to read as follows: 44-810. | |
118 | + | An action shall be commenced by the attorney general or the county | |
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162 | + | attorney of any county of the state on complaint of any interested party, for | |
163 | + | the suspension or revocation of the license of against any business agent | |
164 | + | for the violation of any of the provisions of this act. Said Such action may | |
165 | + | be commenced in the district court of the county of residence of such | |
166 | + | business agent or of the county in which such violations occurred. Such | |
167 | + | action shall be heard by the court without a jury, and the code of civil | |
168 | + | procedure shall apply in such proceedings. The court may suspend such | |
169 | + | license for such time as in its judgment is deemed best, or may revoke | |
170 | + | such license. | |
171 | + | Sec. 3. K.S.A. 44-823 is hereby amended to read as follows: 44-823. | |
172 | + | (a) Agricultural employers shall recognize certified employee | |
98 | 173 | organizations for the purpose of representing their members as to | |
99 | - | grievances and conditions of employment. Employee organizations | |
100 | - | ||
174 | + | grievances and conditions of employment. Employee organizations may | |
175 | + | establish reasonable provisions for an individual's admission to or | |
101 | 176 | dismissal from membership. | |
102 | - | (b) WhereIf an employee organization has been certified by the | |
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109 | - | (c) A recognized employee organization shall represent not less | |
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177 | + | (b) WhereIf an employee organization has been certified by the board | |
178 | + | as representing a majority of the employees in an appropriate unit, the | |
179 | + | appropriate agricultural employer shall meet and confer in good faith with | |
180 | + | such employee organization in the determination of conditions of | |
181 | + | employment of the agricultural employees as provided in this act, and may | |
182 | + | enter into a memorandum of agreement with such recognized employee | |
183 | + | organization. | |
184 | + | (c) A recognized employee organization shall represent not less than a | |
185 | + | majority of the employees of an appropriate unit. When a question | |
186 | + | concerning the designation of an appropriate unit is raised by an | |
187 | + | agricultural employer or an employee organization, the board, at the | |
113 | 188 | request of any of the parties, shall investigate such question and, after a | |
114 | 189 | hearing conducted in accordance with the provisions of the Kansas | |
115 | - | administrative procedure act, rule on the definition of the appropriate | |
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117 | - | (d) Following determination of the appropriate unit of employees, | |
118 | - | ||
119 | - | employees, shall investigate questions and certify to the parties in | |
120 | - | ||
121 | - | ||
122 | - | certification of a representative of employees shall show the names of | |
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125 | - | accordance with the provisions of the Kansas administrative procedure | |
126 | - | ||
190 | + | administrative procedure act, rule on the definition of the appropriate unit | |
191 | + | in accordance with subsection (e) of this section (f). | |
192 | + | (d) Following determination of the appropriate unit of employees, the | |
193 | + | board, at the request of the agricultural employer or on petition of | |
194 | + | employees, shall investigate questions and certify to the parties in writing, | |
195 | + | the names of the representatives that have been designated for an | |
196 | + | appropriate unit. The filing of a petition for the investigation or | |
197 | + | certification of a representative of employees shall show the names of not | |
198 | + | less than 30% of the employees within an appropriate unit. In any such | |
199 | + | investigation, the board may provide for an appropriate hearing in | |
200 | + | accordance with the provisions of the Kansas administrative procedure act, | |
201 | + | shall determine voting eligibility and shall take a secret ballot of | |
127 | 202 | employees in the appropriate unit involved to ascertain such | |
128 | - | representatives for the purpose of formal recognition. Recognition shall | |
129 | - | be granted only to an employee organization that has been selected in a | |
130 | - | secret ballot election by a majority of the eligible employees in an | |
131 | - | appropriate unit who vote in such election. Each employee eligible to | |
132 | - | vote shall be provided the opportunity to choose the employee | |
133 | - | organization that such employee wishes to represent such employee, | |
134 | - | from among those on the ballot, or to choose "no representation." The | |
135 | - | board is authorized to hold elections to determine whether: | |
203 | + | representatives for the purpose of formal recognition. Recognition shall be | |
204 | + | granted only to an employee organization that has been selected in a secret | |
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248 | + | ballot election by a majority of the eligible employees in an appropriate | |
249 | + | unit who vote in such election. Each employee eligible to vote shall be | |
250 | + | provided the opportunity to choose the employee organization that such | |
251 | + | employee wishes to represent such employee, from among those on the | |
252 | + | ballot, or to choose "no representation." The board is authorized to hold | |
253 | + | elections to determine whether: | |
136 | 254 | (1) An employee organization should be recognized as the formal | |
137 | 255 | representative of employees in a unit; | |
138 | 256 | (2) an employee organization should replace another employee | |
139 | 257 | organization as the formal representative of employees in a unit; and | |
140 | - | (3) a recognized employee organization should be decertified. If | |
141 | - | the board has certified a formally recognized representative in an | |
142 | - | appropriate unit, it shall not be required to consider the matter again for | |
143 | - | a period of one year, unless the board determines that sufficient reason | |
144 | - | exists. | |
258 | + | (3) a recognized employee organization should be decertified. If the | |
259 | + | board has certified a formally recognized representative in an appropriate | |
260 | + | unit, it shall not be required to consider the matter again for a period of | |
261 | + | one year, unless the board determines that sufficient reason exists. | |
145 | 262 | (e) No election shall be directed in any appropriate unit or | |
146 | - | subdivision thereof where there is in force and effect a valid | |
147 | - | memorandum of agreement which that was not prematurely extended | |
148 | - | and which is of a fixed duration not exceeding three years;, except that | |
149 | - | the board shall reconsider any certification upon receipt of a voluntary | |
150 | - | petition of 70% or more of the employees of any appropriate unit, that | |
151 | - | is seeking decertification. The board may promulgate such rules and | |
152 | - | regulations as may be appropriate to carry out the provisions of this | |
153 | - | section. | |
154 | - | (e)(f) Any group of agricultural employees considering the | |
155 | - | formation of an employee organization for formal recognition and the | |
156 | - | board, in investigating questions at the request of the parties as | |
157 | - | specified in this section, shall establish an appropriate unit to include | |
158 | - | the largest number of eligible employees consistent with: | |
263 | + | subdivision thereof where there is in force and effect a valid memorandum | |
264 | + | of agreement which that was not prematurely extended and which is of a | |
265 | + | fixed duration not exceeding three years;, except that the board shall | |
266 | + | reconsider any certification upon receipt of a voluntary petition of 70% or | |
267 | + | more of the employees of any appropriate unit, that is seeking | |
268 | + | decertification. The board may promulgate such rules and regulations as | |
269 | + | may be appropriate to carry out the provisions of this section. | |
270 | + | (e)(f) Any group of agricultural employees considering the formation | |
271 | + | of an employee organization for formal recognition and the board, in | |
272 | + | investigating questions at the request of the parties as specified in this | |
273 | + | section, shall establish an appropriate unit to include the largest number of | |
274 | + | eligible employees consistent with: | |
159 | 275 | (1) The principles of efficient administration of the business; | |
160 | 276 | (2) the existence of a community of interest among employees; | |
161 | 277 | (3) the history of employee organization; | |
162 | 278 | (4) geographical location; | |
163 | 279 | (5) the effects of overfragmentation and the splintering of a work | |
164 | 280 | organization; | |
165 | 281 | (6) the provisions of K.S.A. 44-822, and amendments thereto; and | |
166 | 282 | (7) the recommendations of the parties involved. | |
167 | 283 | (f)(g) Supervisory, confidential, clerical, domestic, technical, | |
168 | - | executive and professional employees and guard shall be excluded from | |
169 | - | ||
284 | + | executive and professional employees and guard shall be excluded from an | |
285 | + | agricultural employee appropriate unit. | |
170 | 286 | (g)(h) As a condition precedent to certification, an employee | |
171 | - | organization shall file with the secretary of state a copy of its have | |
172 | - | articles, bylaws or governing rules which that shall provide that the | |
173 | - | employee organizations: | |
174 | - | (1) Will establish and maintain standards of conduct providing for | |
175 | - | the maintenance of democratic procedures and practices, including the | |
176 | - | fair and equal treatment of all members; | |
287 | + | organization shall file with the secretary of state a copy of its have articles, | |
288 | + | bylaws or governing rules which that shall provide that the employee | |
289 | + | organizations: | |
290 | + | (1) Will establish and maintain standards of conduct providing for the | |
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334 | + | maintenance of democratic procedures and practices, including the fair and | |
335 | + | equal treatment of all members; | |
177 | 336 | (2) will disclose fully to members in advance the purpose of all | |
178 | 337 | assessments and collections; | |
179 | - | (3) will have a secret ballot election of all officers not less SENATE BILL No. 13—page 4 | |
180 | - | frequently than every four years; (4) will submit to the secretary of | |
181 | - | state annually a list of the names and addresses of its officers and a | |
182 | - | designation of its principal office within the state of Kansas, and will | |
183 | - | notify the secretary of state of any changes in such information within | |
184 | - | 30 days after the making of such change; (5) will submit to the | |
185 | - | secretary of state an annual financial report in the manner and form and | |
186 | - | containing information required under the provisions of K.S.A. 44-806 | |
187 | - | and amendments thereto; and (6) and | |
188 | - | (4) will prohibit all business and financial interests by officers | |
189 | - | which that conflict with their such officers' fiduciary responsibilities. | |
190 | - | Sec. 5. K.S.A. 74-3220 is hereby amended to read as follows: 74- | |
191 | - | 3220. Any agreement entered into pursuant to the provisions of this | |
192 | - | section shall be approved by the attorney general and a copy filed in the | |
193 | - | office of the secretary of state. | |
194 | - | Sec. 6. K.S.A. 74-3221 is hereby amended to read as follows: 74- | |
195 | - | 3221. (a) The state board of regents may make reciprocal agreements | |
196 | - | with the authorized officials having control and supervision of one or | |
197 | - | more universities or colleges located in other states, territories or | |
198 | - | countries. Any such agreement shall provide that residents of the state | |
199 | - | of Kansas will be admitted to one or more specified universities or | |
200 | - | colleges located in such other state, territory or country for the purpose | |
201 | - | of pursuing courses of collegiate, graduate or professional study, and | |
202 | - | that residents of such other state, territory or country will be admitted to | |
203 | - | one or more specified institutions under the state board of regents for | |
204 | - | the same purpose. Any such agreement may provide that residents of | |
205 | - | the state of Kansas will be admitted to such university or college in | |
206 | - | such other state, territory or country upon payment of tuition and fees | |
207 | - | applicable to residents of such other state, territory or country on the | |
208 | - | condition that like privileges will be granted to residents of such other | |
209 | - | state, territory or country upon admission to such institution under | |
210 | - | control of the state board of regents. Any such agreement may limit the | |
211 | - | maximum number of students to be admitted under such agreement to | |
212 | - | any one or more specified universities or colleges or institutions in | |
213 | - | specific periods of time. Any such agreement may contain such | |
214 | - | additional provisions as may be necessary or appropriate to carry out | |
215 | - | the intention of this act. | |
216 | - | (b) Any agreement made under authority of this act shall provide | |
217 | - | that such agreement may be cancelled effective not more than one year | |
218 | - | after notice in writing is given by the state board of regents to the | |
219 | - | proper authorities of the other party or parties to the agreement, or by | |
220 | - | notice under the same conditions from the officials of any other party to | |
221 | - | the agreement given to the state board of regents. Every agreement | |
222 | - | made under the provisions of this act shall be signed by the chairperson | |
223 | - | of the state board of regents and shall be approved by the governor. | |
224 | - | Every such agreement shall be filed in the office of the secretary of | |
225 | - | state. | |
226 | - | Sec. 7. K.S.A. 75-5501 is hereby amended to read as follows: 75- | |
227 | - | 5501. (a) The director of accounts and reports shall formulate a system | |
228 | - | of payroll accounting, including timekeeping, payroll calculation and | |
229 | - | pay distribution (or delivery) and labor cost distribution and analysis, | |
230 | - | and shall install and operate such system of payroll accounting for all | |
231 | - | state agencies. The system shall include provision for centralized | |
232 | - | records, which that shall include payroll data for all individuals which | |
233 | - | who with the common law employer-employee relationship is created | |
234 | - | by agencies of the state of Kansas and which shall be coordinated with | |
235 | - | records maintained by the division of personnel services and other state | |
236 | - | agencies. If biweekly payroll periods are established under K.S.A. 75- | |
237 | - | 5501a, and amendments thereto, the system of payroll accounting shall | |
238 | - | be modified to implement such biweekly payroll periods. State SENATE BILL No. 13—page 5 | |
239 | - | agencies shall utilize the system of payroll accounting to the extent | |
240 | - | prescribed by the director of accounts and reports, and shall submit | |
241 | - | such reports and statements as may be required by the director in order | |
242 | - | to carry out the provisions of this act. The director of accounts and | |
243 | - | reports shall design, revise and direct the use of records and procedures | |
244 | - | and prescribe classifications of coding payroll data, methods of funding | |
245 | - | labor cost through the central payroll account and a system of | |
246 | - | prepayment and postpayment debit and credit transactions and entries | |
247 | - | on the records created from payroll data and the necessary forms to be | |
248 | - | used by all state agencies in connection with such system of payroll | |
249 | - | accounting. TheSuch payroll system so designed shall include generally | |
250 | - | accepted accounting principles of internal check, and which may | |
251 | - | include timekeeping for attendance and performance, as prescribed in | |
252 | - | this act. | |
253 | - | (b) The director of accounts and reports shall provide, as a part of | |
254 | - | the system of payroll accounting, a plan for the deduction from the | |
255 | - | salary or wages of an amount equal to regular membership dues for | |
256 | - | state officers and employees who are members of the Kansas troopers | |
257 | - | association or who are in any employee organization which has filed an | |
258 | - | annual report pursuant to K.S.A. 75-4337 or which has a business agent | |
259 | - | registered pursuant to K.S.A. 75-4336. Such plan, in addition to such | |
260 | - | provisions as are negotiated by the director of accounts and reports and | |
261 | - | the employee organization, shall provide for: | |
262 | - | (1) A written authorization-assignment by a state officer or | |
263 | - | employee prior to any dues deduction from the salary or wages of such | |
264 | - | officer or employee, which. Such authorization-assignment shall remain | |
265 | - | effective for not less than 180 days and shall be terminated at any time | |
266 | - | thereafter upon 30 days' prior notice by the state officer or employee of | |
267 | - | termination of the authorization-assignment; | |
268 | - | (2) change in the amount of regular membership dues to be | |
269 | - | deducted, but not more often than twice in any fiscal year; | |
270 | - | (3) renewal of an authorization-assignment by an officer or | |
271 | - | employee after termination of a prior authorization-assignment upon 90 | |
272 | - | days' prior notice by the officer or employee who has terminated a | |
273 | - | membership dues deduction; and | |
338 | + | (3) will have a secret ballot election of all officers not less frequently | |
339 | + | than every four years; (4) will submit to the secretary of state annually a | |
340 | + | list of the names and addresses of its officers and a designation of its | |
341 | + | principal office within the state of Kansas, and will notify the secretary of | |
342 | + | state of any changes in such information within 30 days after the making | |
343 | + | of such change; (5) will submit to the secretary of state an annual financial | |
344 | + | report in the manner and form and containing information required under | |
345 | + | the provisions of K.S.A. 44-806 and amendments thereto; and (6) and | |
346 | + | (4) will prohibit all business and financial interests by officers which | |
347 | + | that conflict with their such officers' fiduciary responsibilities. | |
348 | + | Sec. 4. K.S.A. 74-3220 is hereby amended to read as follows: 74- | |
349 | + | 3220. Any agreement entered into pursuant to the provisions of this section | |
350 | + | shall be approved by the attorney general and a copy filed in the office of | |
351 | + | the secretary of state. | |
352 | + | Sec. 5. K.S.A. 74-3221 is hereby amended to read as follows: 74- | |
353 | + | 3221. (a) The state board of regents may make reciprocal agreements with | |
354 | + | the authorized officials having control and supervision of one or more | |
355 | + | universities or colleges located in other states, territories or countries. Any | |
356 | + | such agreement shall provide that residents of the state of Kansas will be | |
357 | + | admitted to one or more specified universities or colleges located in such | |
358 | + | other state, territory or country for the purpose of pursuing courses of | |
359 | + | collegiate, graduate or professional study, and that residents of such other | |
360 | + | state, territory or country will be admitted to one or more specified | |
361 | + | institutions under the state board of regents for the same purpose. Any | |
362 | + | such agreement may provide that residents of the state of Kansas will be | |
363 | + | admitted to such university or college in such other state, territory or | |
364 | + | country upon payment of tuition and fees applicable to residents of such | |
365 | + | other state, territory or country on the condition that like privileges will be | |
366 | + | granted to residents of such other state, territory or country upon | |
367 | + | admission to such institution under control of the state board of regents. | |
368 | + | Any such agreement may limit the maximum number of students to be | |
369 | + | admitted under such agreement to any one or more specified universities | |
370 | + | or colleges or institutions in specific periods of time. Any such agreement | |
371 | + | may contain such additional provisions as may be necessary or appropriate | |
372 | + | to carry out the intention of this act. | |
373 | + | (b) Any agreement made under authority of this act shall provide that | |
374 | + | such agreement may be cancelled effective not more than one year after | |
375 | + | notice in writing is given by the state board of regents to the proper | |
376 | + | authorities of the other party or parties to the agreement, or by notice | |
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420 | + | under the same conditions from the officials of any other party to the | |
421 | + | agreement given to the state board of regents. Every agreement made | |
422 | + | under the provisions of this act shall be signed by the chairperson of the | |
423 | + | state board of regents and shall be approved by the governor. Every such | |
424 | + | agreement shall be filed in the office of the secretary of state. | |
425 | + | Sec. 6. K.S.A. 75-5501 is hereby amended to read as follows: 75- | |
426 | + | 5501. (a) The director of accounts and reports shall formulate a system of | |
427 | + | payroll accounting, including timekeeping, payroll calculation and pay | |
428 | + | distribution (or delivery) and labor cost distribution and analysis, and shall | |
429 | + | install and operate such system of payroll accounting for all state agencies. | |
430 | + | The system shall include provision for centralized records, which that shall | |
431 | + | include payroll data for all individuals which who with the common law | |
432 | + | employer-employee relationship is created by agencies of the state of | |
433 | + | Kansas and which shall be coordinated with records maintained by the | |
434 | + | division of personnel services and other state agencies. If biweekly payroll | |
435 | + | periods are established under K.S.A. 75-5501a, and amendments thereto, | |
436 | + | the system of payroll accounting shall be modified to implement such | |
437 | + | biweekly payroll periods. State agencies shall utilize the system of payroll | |
438 | + | accounting to the extent prescribed by the director of accounts and reports, | |
439 | + | and shall submit such reports and statements as may be required by the | |
440 | + | director in order to carry out the provisions of this act. The director of | |
441 | + | accounts and reports shall design, revise and direct the use of records and | |
442 | + | procedures and prescribe classifications of coding payroll data, methods of | |
443 | + | funding labor cost through the central payroll account and a system of | |
444 | + | prepayment and postpayment debit and credit transactions and entries on | |
445 | + | the records created from payroll data and the necessary forms to be used | |
446 | + | by all state agencies in connection with such system of payroll accounting. | |
447 | + | TheSuch payroll system so designed shall include generally accepted | |
448 | + | accounting principles of internal check, and which may include | |
449 | + | timekeeping for attendance and performance, as prescribed in this act. | |
450 | + | (b) The director of accounts and reports shall provide, as a part of the | |
451 | + | system of payroll accounting, a plan for the deduction from the salary or | |
452 | + | wages of an amount equal to regular membership dues for state officers | |
453 | + | and employees who are members of the Kansas troopers association or | |
454 | + | who are in any employee organization which has filed an annual report | |
455 | + | pursuant to K.S.A. 75-4337 or which has a business agent registered | |
456 | + | pursuant to K.S.A. 75-4336. Such plan, in addition to such provisions as | |
457 | + | are negotiated by the director of accounts and reports and the employee | |
458 | + | organization, shall provide for: | |
459 | + | (1) A written authorization-assignment by a state officer or employee | |
460 | + | prior to any dues deduction from the salary or wages of such officer or | |
461 | + | employee, which. Such authorization-assignment shall remain effective for | |
462 | + | not less than 180 days and shall be terminated at any time thereafter upon | |
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506 | + | 30 days' prior notice by the state officer or employee of termination of the | |
507 | + | authorization-assignment; | |
508 | + | (2) change in the amount of regular membership dues to be deducted, | |
509 | + | but not more often than twice in any fiscal year; | |
510 | + | (3) renewal of an authorization-assignment by an officer or employee | |
511 | + | after termination of a prior authorization-assignment upon 90 days' prior | |
512 | + | notice by the officer or employee who has terminated a membership dues | |
513 | + | deduction; and | |
274 | 514 | (4) payment of all moneys deducted during each payroll period | |
275 | 515 | pursuant to this section to the employee organization less the amount of | |
276 | 516 | actual direct expenses incurred by this state for the membership dues | |
277 | 517 | deduction. | |
278 | - | Sec. | |
279 | - | 6a14. (a) Whenever the director of property valuation shall determine | |
280 | - | ||
281 | - | ||
282 | - | ||
518 | + | Sec. 7. K.S.A. 79-6a14 is hereby amended to read as follows: 79- | |
519 | + | 6a14. (a) Whenever the director of property valuation shall determine that | |
520 | + | it is advisable to abate motor carrier ad valorem tax liabilities determined | |
521 | + | to be uncollectable accounts, the director shall file a petition with the state | |
522 | + | board of tax appeals setting forth: | |
283 | 523 | (a)(1) The name of the debtor; | |
284 | 524 | (b)(2) the year for in which the tax is due; | |
285 | 525 | (c)(3) the amount of the obligation; | |
286 | - | (d)(4) a review or statement of actions taken to collect such taxes; | |
287 | - | and | |
526 | + | (d)(4) a review or statement of actions taken to collect such taxes; and | |
288 | 527 | (e)(5) one or more of the grounds for abatement as hereinafter set | |
289 | 528 | forth prescribed by this section. | |
290 | - | (b) The state board of tax appeals, within 60 days after the petition | |
291 | - | is filed by the director of property valuation, may approve or | |
292 | - | disapprove of the abatement of any motor carrier ad valorem tax | |
293 | - | liability submitted by the director. The director shall prepare an order | |
294 | - | abating any tax liability, the abatement of which has been as approved | |
295 | - | by the state board of tax appeals, upon receiving notice of such | |
296 | - | approval. The director shall prepare an order abating any tax liability | |
297 | - | submitted to and not specifically disapproved by the state board of tax SENATE BILL No. 13—page 6 | |
298 | - | appeals within 60 days of the filing of the petition to abate said such tax | |
299 | - | liability. A list of all tax liabilities abated under the authority of this | |
300 | - | section shall be filed with the secretary of state and thereafter preserved | |
301 | - | by the secretary as a public record. | |
302 | - | Sec. 9. K.S.A. 2024 Supp. 79-3233b is hereby amended to read as | |
529 | + | (b) The state board of tax appeals, within 60 days after the petition is | |
530 | + | filed by the director of property valuation, may approve or disapprove of | |
531 | + | the abatement of any motor carrier ad valorem tax liability submitted by | |
532 | + | the director. The director shall prepare an order abating any tax liability, | |
533 | + | the abatement of which has been as approved by the state board of tax | |
534 | + | appeals, upon receiving notice of such approval. The director shall prepare | |
535 | + | an order abating any tax liability submitted to and not specifically | |
536 | + | disapproved by the state board of tax appeals within 60 days of the filing | |
537 | + | of the petition to abate said such tax liability. A list of all tax liabilities | |
538 | + | abated under the authority of this section shall be filed with the secretary | |
539 | + | of state and thereafter preserved by the secretary as a public record. | |
540 | + | Sec. 8. K.S.A. 2024 Supp. 79-3233b is hereby amended to read as | |
303 | 541 | follows: 79-3233b. (a) The secretary shall maintain a record of each | |
304 | - | abatement that reduces a final tax liability by $5,000 or more. Such | |
305 | - | ||
542 | + | abatement that reduces a final tax liability by $5,000 or more. Such record | |
543 | + | shall contain: | |
306 | 544 | (1) The name and address of the taxpayer, and the petitioner, if | |
307 | 545 | different; | |
308 | 546 | (2) the disputed tax liability including penalty and interest; | |
309 | - | (3) the taxpayer's grounds for contesting the liability together with | |
310 | - | all supporting evidence; | |
547 | + | (3) the taxpayer's grounds for contesting the liability together with all | |
548 | + | supporting evidence; | |
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311 | 592 | (4) all staff recommendations, reports and audits; | |
312 | - | (5) the reasons for, conditions to, and the amount of the | |
313 | - | ||
593 | + | (5) the reasons for, conditions to, and the amount of the abatement; | |
594 | + | and | |
314 | 595 | (6) the payment made, if any. | |
315 | 596 | (b) Such records shall be maintained by the department for nine | |
316 | 597 | years. | |
317 | 598 | (b)(c) The secretary shall make an annual report that identifies the | |
318 | - | taxpayer, summarizes the issues and the reasons for abatement, and | |
319 | - | ||
320 | - | ||
599 | + | taxpayer, summarizes the issues and the reasons for abatement, and states | |
600 | + | the amount of liability that was abated pursuant to this section for each | |
601 | + | abatement that reduced a final tax liability by $5,000 or more. The | |
321 | 602 | secretary shall file the report with the secretary of state and the attorney | |
322 | 603 | general on or before September 30 of each year. Any other provision of | |
323 | - | law notwithstanding, the secretary shall make the annual report | |
324 | - | ||
325 | - | Sec. | |
326 | - | ||
327 | - | ||
328 | - | ||
329 | - | ||
330 | - | ||
331 | - | ||
604 | + | law notwithstanding, the secretary shall make the annual report available | |
605 | + | for public inspection upon written request. | |
606 | + | Sec. 9. K.S.A. 79-3233g is hereby amended to read as follows: 79- | |
607 | + | 3233g. (a) In all cases where the income tax liability exceeds the sum of | |
608 | + | $100 including penalties and interest, the secretary shall petition the state | |
609 | + | board of tax appeals to abate such income tax liability setting forth and | |
610 | + | include the name of the debtor, the year for in which the tax is due, and the | |
611 | + | grounds for abatement as set forth prescribed in K.S.A. 79-3233i, and | |
612 | + | amendments thereto. | |
332 | 613 | (b) The state board of tax appeals may, within 60 days after the | |
333 | 614 | petition is filed by the secretary, approve or disapprove the requested | |
334 | 615 | abatement. The secretary shall prepare an order abating any tax | |
335 | 616 | indebtedness that has been approved by the board or that has been | |
336 | - | submitted to and not specifically disapproved by the board within 60 | |
337 | - | ||
338 | - | ||
339 | - | ||
340 | - | ||
341 | - | Sec. | |
617 | + | submitted to and not specifically disapproved by the board within 60 days | |
618 | + | of the filing of the petition. Notwithstanding any other contrary provision | |
619 | + | of law, a list of all tax indebtedness abated under the authority of this | |
620 | + | section shall be filed with the secretary of state and thereafter preserved as | |
621 | + | a public record. | |
622 | + | Sec. 10. K.S.A. 2024 Supp. 82a-220 is hereby amended to read as | |
342 | 623 | follows: 82a-220. (a) As used in this act: | |
343 | 624 | (1) "Conservation project" means any project or activity that the | |
344 | 625 | director of the Kansas water office determines will assist in restoring, | |
345 | - | protecting, rehabilitating, improving, sustaining or maintaining the | |
346 | - | banks of the Arkansas, Kansas or Missouri rivers from the effects of | |
347 | - | erosion; | |
626 | + | protecting, rehabilitating, improving, sustaining or maintaining the banks | |
627 | + | of the Arkansas, Kansas or Missouri rivers from the effects of erosion; | |
348 | 628 | (2) "director" means the director of the Kansas water office; and | |
349 | - | (3) "state property" means real property currently owned in full or | |
350 | - | in part by the state in the Arkansas, Kansas or Missouri rivers in | |
351 | - | Kansas, in and along the bed of the river to the ordinary high water | |
352 | - | mark on the banks of such rivers. | |
353 | - | (b) (1) The director is hereby authorized to may negotiate and | |
354 | - | grant easements on state property for construction and maintenance of | |
355 | - | conservation projects with cooperating landowners in such projects for | |
356 | - | the expected life of the project and with such terms and conditions as SENATE BILL No. 13—page 7 | |
357 | - | the director, after consultation with the Kansas department of | |
358 | - | agriculture, the Kansas department of health and environment, the | |
359 | - | Kansas department of wildlife and parks and the Kansas department of | |
360 | - | agriculture division of conservation, may deem appropriate. | |
361 | - | (2) Notice of the easement shall be given to the county or counties | |
362 | - | in which the easement is proposed and to any municipality or other | |
629 | + | (3) "state property" means real property currently owned in full or in | |
630 | + | part by the state in the Arkansas, Kansas or Missouri rivers in Kansas, in | |
631 | + | and along the bed of the river to the ordinary high water mark on the banks | |
632 | + | of such rivers. | |
633 | + | (b) (1) The director is hereby authorized to may negotiate and grant | |
634 | + | easements on state property for construction and maintenance of | |
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678 | + | conservation projects with cooperating landowners in such projects for the | |
679 | + | expected life of the project and with such terms and conditions as the | |
680 | + | director, after consultation with the Kansas department of agriculture, the | |
681 | + | Kansas department of health and environment, the Kansas department of | |
682 | + | wildlife and parks and the Kansas department of agriculture division of | |
683 | + | conservation, may deem appropriate. | |
684 | + | (2) Notice of the easement shall be given to the county or counties in | |
685 | + | which the easement is proposed and to any municipality or other | |
363 | 686 | governmental entity that, in the opinion of the director, holds a riparian | |
364 | 687 | interest in the river and may have an interest in the project or results | |
365 | - | thereof. Those persons or entities receiving notice shall have a period, | |
366 | - | not to exceed 30 days, to provide comment on the proposed easement | |
367 | - | to the director. | |
368 | - | (3) In the event such an easement is proposed to be granted on | |
369 | - | state property owned or managed by any other agency of the state, the | |
370 | - | director shall give notice of the proposed easement and project to that | |
371 | - | agency and shall jointly negotiate any such easement so granted. | |
372 | - | (4) A copy of all easements so entered shall be filed by the | |
373 | - | director with the office of the secretary of state and the office of the | |
374 | - | register of deeds for the county or counties in which the easement is | |
375 | - | located. | |
376 | - | (c) The director shall adopt rules and regulations necessary to | |
377 | - | carry out the provisions of this act. | |
378 | - | Sec. 12. K.S.A. 82-165 is hereby amended to read as follows: 82- | |
379 | - | 165. Every bonded warehouseman applying for such license shall file | |
380 | - | with the secretary of state, before being issued such license, shall | |
381 | - | obtain a good and sufficient bond to the state of Kansas, to be approved | |
382 | - | by the secretary of state, with other than personal sureties, in the penal | |
383 | - | sum of not less than $5,000 nor more than $50,000, proportioned, in the | |
384 | - | discretion of the secretary of state, according to the capacity of the | |
385 | - | warehouse so operated. The bond shall be conditioned for the faithful | |
386 | - | performance of his or her such warehouseman's duties as a | |
387 | - | warehouseman under the laws of this state, and of such additional | |
388 | - | obligations as a warehouseman which that may be assumed by him or | |
389 | - | her such warehouseman under contract with any owner depositing | |
390 | - | goods with him or her such warehouseman or with any purchaser or | |
391 | - | holder of warehouse receipts issued by him or her such warehouseman. | |
392 | - | Sec. 13. K.S.A. 82-169 is hereby amended to read as follows: 82- | |
393 | - | 169. It shall be unlawful for any person to advertise or do business as a | |
394 | - | "bonded warehouseman" without complying with the provisions of this | |
395 | - | act, and procuring and having a license as herein provided. | |
396 | - | Sec. 14. K.S.A. 44-805, 44-806, 44-806a, 44-807, 44-809, 44-810, | |
397 | - | 44-823, 74-3220, 74-3221, 75-4337, 75-5501, 79-6a14, 79-3233g, 82- | |
398 | - | 163, 82-164, 82-165, 82-167 and 82-169 and K.S.A. 2024 Supp. 79- | |
399 | - | 3233b and 82a-220 are hereby repealed. SENATE BILL No. 13—page 8 | |
400 | - | Sec. 15. This act shall take effect and be in force from and after its | |
688 | + | thereof. Those persons or entities receiving notice shall have a period, not | |
689 | + | to exceed 30 days, to provide comment on the proposed easement to the | |
690 | + | director. | |
691 | + | (3) In the event such an easement is proposed to be granted on state | |
692 | + | property owned or managed by any other agency of the state, the director | |
693 | + | shall give notice of the proposed easement and project to that agency and | |
694 | + | shall jointly negotiate any such easement so granted. | |
695 | + | (4) A copy of all easements so entered shall be filed by the director | |
696 | + | with the office of the secretary of state and the office of the register of | |
697 | + | deeds for the county or counties in which the easement is located. | |
698 | + | (c) The director shall adopt rules and regulations necessary to carry | |
699 | + | out the provisions of this act. | |
700 | + | Sec. 11. K.S.A. 82-165 is hereby amended to read as follows: 82-165. | |
701 | + | Every bonded warehouseman applying for such license shall file with the | |
702 | + | secretary of state, before being issued such license, shall obtain a good and | |
703 | + | sufficient bond to the state of Kansas, to be approved by the secretary of | |
704 | + | state, with other than personal sureties, in the penal sum of not less than | |
705 | + | $5,000 nor more than $50,000, proportioned, in the discretion of the | |
706 | + | secretary of state, according to the capacity of the warehouse so operated. | |
707 | + | The bond shall be conditioned for the faithful performance of his or her | |
708 | + | such warehouseman's duties as a warehouseman under the laws of this | |
709 | + | state, and of such additional obligations as a warehouseman which that | |
710 | + | may be assumed by him or her such warehouseman under contract with | |
711 | + | any owner depositing goods with him or her such warehouseman or with | |
712 | + | any purchaser or holder of warehouse receipts issued by him or her such | |
713 | + | warehouseman. | |
714 | + | Sec. 12. K.S.A. 82-169 is hereby amended to read as follows: 82-169. | |
715 | + | It shall be unlawful for any person to advertise or do business as a "bonded | |
716 | + | warehouseman" without complying with the provisions of this act, and | |
717 | + | procuring and having a license as herein provided. | |
718 | + | Sec. 13. K.S.A. 44-804, 44-805, 44-806, 44-806a, 44-807, 44-809, | |
719 | + | 44-810, 44-812, 44-823, 74-3220, 74-3221, 75-4336, 75-4337, 75-5501, | |
720 | + | 79-6a14, 79-3233g, 82-163, 82-164, 82-165, 82-167 and 82-169 and | |
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763 | + | 43 SB 13 10 | |
764 | + | K.S.A. 2024 Supp. 79-3233b and 82a-220 are hereby repealed. | |
765 | + | Sec. 14. This act shall take effect and be in force from and after its | |
401 | 766 | publication in the statute book. | |
402 | - | I hereby certify that the above BILL originated in the | |
403 | - | SENATE, and passed that body | |
404 | - | _________________________ | |
405 | - | _________________________ | |
406 | - | President of the Senate. | |
407 | - | _________________________ | |
408 | - | Secretary of the Senate. | |
409 | - | ||
410 | - | Passed the HOUSE ________________________ | |
411 | - | _________________________ | |
412 | - | Speaker of the House. | |
413 | - | _________________________ | |
414 | - | Chief Clerk of the House. | |
415 | - | APPROVED ____________________________ | |
416 | - | _________________________ | |
417 | - | Governor. | |
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