13 | | - | New Section 1. (a) Sections 1 through 8, and amendments thereto, |
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14 | | - | shall be known and may be cited as the Kansas land and military |
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15 | | - | installation protection act. |
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16 | | - | (b) The purpose of this act is to protect certain real property and |
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17 | | - | military installations located in this state by prohibiting countries of |
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18 | | - | concern and any agent thereof from acquiring any interest in such real |
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19 | | - | property. |
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20 | | - | New Sec. 2. As used in sections 1 through 8, and amendments |
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21 | | - | thereto: |
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22 | | - | (a) "Attorney general" means the attorney general of the state of |
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23 | | - | Kansas. |
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24 | | - | (b) "Company" means any: |
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25 | | - | (1) For-profit corporation, partnership, limited partnership, limited |
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26 | | - | liability partnership, limited liability company, joint venture, trust, |
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27 | | - | association, sole proprietorship or other organization, including any: |
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28 | | - | (A) Subsidiary of such company, a majority ownership interest of |
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29 | | - | which is held by such company; |
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30 | | - | (B) parent company that holds a majority ownership interest of |
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31 | | - | such company; |
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32 | | - | (C) other affiliate or business association of such company whose |
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33 | | - | primary purpose is to make a profit; and |
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34 | | - | (D) representative agent of such company; or |
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35 | | - | (2) nonprofit organization. |
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36 | | - | (c) (1) "Country of concern" means the following: |
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37 | | - | (A) (i) People's republic of China, including the Hong Kong |
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38 | | - | special administrative region; |
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39 | | - | (ii) republic of Cuba; |
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40 | | - | (iii) islamic republic of Iran; |
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41 | | - | (iv) democratic people's republic of Korea; |
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42 | | - | (v) Russian federation; and |
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43 | | - | (vi) Bolivarian republic of Venezuela. |
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44 | | - | (B) "Country of concern" does not include the republic of China |
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45 | | - | (Taiwan); and |
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46 | | - | (2) any organization that is designated as a foreign terrorist |
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47 | | - | organization as of July 1, 2025, pursuant to 8 U.S.C. § 1189, as in |
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48 | | - | effect on July 1, 2025, except as otherwise provided by rules and |
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49 | | - | regulations adopted by the fusion center oversight board pursuant to |
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50 | | - | section 7, and amendments thereto. |
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51 | | - | (d) "De minimis interest" means any interest in real property that |
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52 | | - | is: |
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53 | | - | (1) The result of ownership of registered securities in a publicly |
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54 | | - | traded company; and |
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55 | | - | (2) such ownership is: |
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56 | | - | (A) Less than 10% of any class of registered securities or less than |
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57 | | - | 10% of the aggregate registered securities of multiple classes of |
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58 | | - | securities; or |
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59 | | - | (B) a noncontrolling interest in an entity that is controlled by a |
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60 | | - | company that is registered with the United States securities and |
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61 | | - | exchange commission as an investment adviser under the investment |
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62 | | - | advisers act of 1940, P.L. 117-263 and such company is not domiciled House Substitute for SENATE BILL No. 9—page 2 |
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63 | | - | outside of the United States. |
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64 | | - | (e) "Domicile" means the country where: |
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65 | | - | (1) A company is organized; |
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66 | | - | (2) a company completes a substantial portion of its business; or |
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67 | | - | (3) a majority of a company's ownership interest is held. |
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68 | | - | (f) "Economic development incentive program" means: |
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69 | | - | (1) Any economic development incentive program administered |
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70 | | - | wholly or in part by the secretary of commerce; |
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71 | | - | (2) any tax credit, except for social and domestic tax credits, |
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72 | | - | regardless of the administering state agency; |
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73 | | - | (3) property that has been exempted from ad valorem taxation |
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74 | | - | under the provisions of section 13 of article 11 of the constitution of the |
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75 | | - | state of Kansas; |
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76 | | - | (4) property that has been purchased, acquired, constructed, |
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77 | | - | reconstructed, improved, equipped, furnished, repaired, enlarged or |
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78 | | - | remodeled with all or any part of the proceeds of revenue bonds issued |
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79 | | - | under any authority granted in article 17 of chapter 12 of the Kansas |
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80 | | - | Statutes Annotated, and amendments thereto; |
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81 | | - | (5) any economic development fund, including, but not limited to, |
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82 | | - | the job creation program fund established by K.S.A. 74-50,224, and |
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83 | | - | amendments thereto, and the economic development initiatives fund |
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84 | | - | established by K.S.A. 79-4804, and amendments thereto; and |
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85 | | - | (6) any other economic development incentive program that |
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86 | | - | provides any form of tax credit, abatement or exemption or financial |
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87 | | - | assistance provided by or authorized by a governmental entity. |
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88 | | - | (g) "Foreign principal" means: |
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89 | | - | (1) The government or any official of the government of a country |
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90 | | - | of concern; |
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91 | | - | (2) any political party, subdivision thereof or any member of a |
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92 | | - | political party of a country of concern; |
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93 | | - | (3) any corporation, partnership, association, organization or other |
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94 | | - | combination of persons organized under the laws of or having its |
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95 | | - | principal place of business in a country of concern. "Foreign principal" |
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96 | | - | includes any subsidiary owned or wholly controlled by any such entity; |
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97 | | - | (4) any agent of or any entity otherwise under the control of a |
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98 | | - | country of concern; |
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99 | | - | (5) any individual who is a citizen or resident of a country of |
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100 | | - | concern and is not a citizen or lawful permanent resident of the United |
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101 | | - | States; or |
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102 | | - | (6) any individual, entity or combination thereof described in |
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103 | | - | paragraphs (1) through (5) that has a controlling interest in any |
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104 | | - | company formed for the purpose of holding any interest in real |
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105 | | - | property. |
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106 | | - | (h) "Fusion center oversight board" means the fusion center |
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107 | | - | oversight board established in K.S.A. 2024 Supp. 48-3705, and |
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108 | | - | amendments thereto. |
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109 | | - | (i) "Interest in real property" means any: |
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110 | | - | (1) Ownership interest in any parcel of real property acquired by |
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111 | | - | purchase, gift, grant, devise, bequest or other transfer of such interest; |
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112 | | - | (2) ownership or other interest in any easement or other right of |
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113 | | - | egress onto or across any parcel of real property; |
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114 | | - | (3) ownership or other interest in any right to any oil, gas, |
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115 | | - | minerals or water located on or under any parcel of real property; and |
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116 | | - | (4) any interest or right to possess or use any parcel of real |
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117 | | - | property acquired by the execution of a lease, lease-purchase or any |
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118 | | - | other form of rental agreement. |
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119 | | - | (j) "Military installation" means any land, buildings or other |
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120 | | - | structures owned or controlled by any division of the United States |
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121 | | - | department of defense, Kansas national guard or any other federal or House Substitute for SENATE BILL No. 9—page 3 |
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122 | | - | state agency that is critical to the safety and security of Kansas or the |
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123 | | - | United States. |
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124 | | - | (k) "Non-notified transaction" means any transaction involving |
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125 | | - | foreign investment in the United States that is not voluntarily submitted |
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126 | | - | to the committee on foreign investment in the United States for review |
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127 | | - | pursuant to 50 U.S.C. § 4565. |
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128 | | - | (l) "Real property" means any real estate located in this state |
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129 | | - | except residential real property. |
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130 | | - | (m) "Residential real property" means real property that is used |
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131 | | - | exclusively as a place of residence for human habitation. |
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132 | | - | (n) "Social and domestic tax credits" means the adoption credit |
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133 | | - | created pursuant to K.S.A. 79-32,202a, and amendments thereto, the |
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134 | | - | earned income tax credit created pursuant to K.S.A. 79-32,205, and |
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135 | | - | amendments thereto, the food sales tax credit created pursuant to |
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136 | | - | K.S.A. 79-32,271, and amendments thereto, the child and dependent |
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137 | | - | care tax credit created pursuant to K.S.A. 79-32,111c, and amendments |
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138 | | - | thereto, and the homestead property tax refund created pursuant to |
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139 | | - | K.S.A. 79-4501 et seq., and amendments thereto. |
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140 | | - | (o) "State agency" means any department, authority, bureau, |
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141 | | - | division, office or other governmental agency of this state. |
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142 | | - | (p) "Tax credit" means any credit allowed against the tax imposed |
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143 | | - | by the Kansas income tax act, the premium or privilege fees imposed |
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144 | | - | pursuant to K.S.A. 40-252, and amendments thereto, or the privilege |
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145 | | - | tax as measured by net income of financial institutions imposed |
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146 | | - | pursuant to article 11 of chapter 79 of the Kansas Statutes Annotated, |
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147 | | - | and amendments thereto. |
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148 | | - | New Sec. 3. (a) Except as provided in subsections (b) and (f), on |
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149 | | - | and after July 1, 2025, no foreign principal shall directly or indirectly |
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150 | | - | acquire any interest in any real property located within 100 miles of the |
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151 | | - | boundary of any military installation located in this state or any |
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152 | | - | adjacent state, except a de minimis interest in such real property. |
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153 | | - | (b) A foreign principal that owns real property described in |
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154 | | - | subsection (a) prior to July 1, 2025, and seeks to acquire additional real |
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155 | | - | property described in subsection (a) for the purpose of expansion of |
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156 | | - | operations shall request approval for such acquisition from the |
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157 | | - | governor. The governor shall consult with the attorney general and the |
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158 | | - | fusion center oversight board to determine whether there is any security |
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159 | | - | risk to military installations or critical infrastructure due to the |
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160 | | - | expansion. The governor shall issue approval or denial of such |
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161 | | - | expansion within 90 days of receiving the request. |
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162 | | - | (c) Any foreign principal that owns any interest in real property as |
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163 | | - | described in subsection (a) or directly or indirectly acquires any interest |
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164 | | - | in real property as described in subsection (a) shall file registration of |
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165 | | - | such interest with the attorney general in such form and manner as |
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166 | | - | prescribed by the attorney general not later than 90 days after the |
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167 | | - | effective date of this act or the date such interest is acquired, whichever |
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168 | | - | occurs later. Such filing shall include: |
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169 | | - | (1) The name of the individual or entity holding such interest; |
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170 | | - | (2) the date of acquisition; |
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171 | | - | (3) the address and legal description of the real property; and |
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172 | | - | (4) the number of acres comprising the real property. |
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173 | | - | (d) The secretary of state shall provide notice of the registration |
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174 | | - | requirement for foreign principals of subsection (c) to all business |
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175 | | - | entities and nonprofit organizations at the time of each of such business |
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176 | | - | entity's or nonprofit organization's registration with the secretary of |
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177 | | - | state or of any other filing with the secretary of state. The attorney |
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178 | | - | general shall provide the secretary of state with instructions for |
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179 | | - | fulfilling the requirements of subsection (c), and the secretary of state |
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180 | | - | shall provide such instructions with such notice to business entities and House Substitute for SENATE BILL No. 9—page 4 |
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181 | | - | nonprofit organizations. |
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182 | | - | (e) (1) (A) Except as provided by paragraph (B), if applicable, any |
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183 | | - | foreign principal that fails to file the registration as required under |
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184 | | - | subsection (c) or directly or indirectly acquires any interest in real |
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185 | | - | property as described in subsection (a) shall divest such interest in such |
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186 | | - | real property. |
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187 | | - | (B) Any foreign principal that owns any interest in real property as |
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188 | | - | described in subsection (a) on July 1, 2025, and fails to file the |
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189 | | - | registration as required under subsection (c) with respect to such |
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190 | | - | interest in real property shall receive a warning from the attorney |
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191 | | - | general advising the foreign principal of such registration requirement |
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192 | | - | and instructing the foreign principal as to the manner of fulfilling such |
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193 | | - | requirement. The foreign principal shall be allowed a period of 30 days |
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194 | | - | from the date of receipt of such warning and instructions to file such |
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195 | | - | registration as required under subsection (c) without a requirement of |
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196 | | - | divestiture of such interest in real property. If such foreign principal |
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197 | | - | fails to file such registration within such 30-day period, such foreign |
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198 | | - | principal shall divest such interest in such real property. The provisions |
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199 | | - | of this subparagraph shall expire on June 30, 2028. |
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200 | | - | (2) A copy of all documentation evidencing such divestiture shall |
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201 | | - | be submitted to the attorney general in such manner as prescribed by |
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202 | | - | the attorney general not later than 30 days after the effective date of |
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203 | | - | such divestiture. |
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204 | | - | (f) A foreign principal may acquire an interest in real property by |
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205 | | - | devise or bequest, through the enforcement of any security interest or |
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206 | | - | through the collection of a debt. Any such acquisition shall be subject |
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207 | | - | to the provisions of subsections (c) and (e). |
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208 | | - | New Sec. 4. (a) The attorney general shall investigate any |
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209 | | - | suspected violation of section 3, and amendments thereto. |
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210 | | - | (b) A foreign principal who is subject to the requirements of |
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211 | | - | section 3, and amendments thereto, may enter into an agreement with |
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212 | | - | the attorney general to divest such foreign principal's interest in real |
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213 | | - | property not more than 360 days from entering into such agreement. |
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214 | | - | (c) The attorney general may commence an action in a court of |
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215 | | - | competent jurisdiction to enforce the provisions of section 3, and |
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216 | | - | amendments thereto. In any such action, the attorney general may seek: |
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217 | | - | (1) A court order directing the defendant to divest such defendant's |
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218 | | - | interest in such real property; |
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219 | | - | (2) injunctive relief; |
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220 | | - | (3) civil forfeiture of the defendant's interest in such real property |
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221 | | - | pursuant to K.S.A. 60-4101 et seq., and amendments thereto; and |
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222 | | - | (4) reasonable attorney fees and court costs. |
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223 | | - | (d) Upon a determination by a court of competent jurisdiction that |
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224 | | - | the defendant has violated the requirements of section 3, and |
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225 | | - | amendments thereto, the defendant shall divest such defendant's |
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226 | | - | interest in such real property within 180 days after the day such court |
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227 | | - | order is issued. |
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228 | | - | New Sec. 5. No foreign principal shall receive any direct benefit |
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229 | | - | related to any economic development program regardless of the form of |
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230 | | - | such benefit. |
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231 | | - | New Sec. 6. (a) Any person may report information concerning |
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232 | | - | non-notified transactions in such form and manner as prescribed by the |
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233 | | - | attorney general. |
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234 | | - | (b) The attorney general shall prepare and submit a report on any |
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235 | | - | identified non-notified transactions to the committee on foreign |
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236 | | - | investment in the United States. A copy of such report shall be |
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237 | | - | submitted to the governor, the adjutant general and the standing |
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238 | | - | committees on federal and state affairs of the senate and the house of |
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239 | | - | representatives or any successor committee of either such standing House Substitute for SENATE BILL No. 9—page 5 |
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240 | | - | committee. |
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241 | | - | (c) On or before February 1 of each year, the attorney general |
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242 | | - | shall prepare and submit a report to the governor, the adjutant general, |
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243 | | - | the standing committee on commerce, labor and economic development |
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244 | | - | of the house of representatives, the standing committee on commerce of |
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245 | | - | the senate, the standing committee on federal and state affairs of the |
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246 | | - | house of representatives and the standing committee on federal and |
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247 | | - | state affairs of the senate or any successor committee of such standing |
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248 | | - | committees. Such report shall detail the implementation of the Kansas |
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249 | | - | land and military installation protection act and include the attorney |
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250 | | - | general's recommended amendments to the definition of country of |
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251 | | - | concern, if any. |
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252 | | - | (d) The attorney general shall retain copies of any documents that |
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253 | | - | are made a part of or otherwise submitted to the committee on foreign |
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254 | | - | investment in the United States along with the report required under |
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255 | | - | subsection (b). |
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256 | | - | (e) On or before January 1, 2026, the attorney general shall adopt |
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257 | | - | rules and regulations to implement the provisions of this section. |
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258 | | - | New Sec. 7. (a) Upon any occasion when an organization is |
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259 | | - | designated as a foreign terrorist organization or has such designation |
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260 | | - | revoked pursuant to 8 U.S.C. § 1189, the fusion center oversight board |
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261 | | - | may adopt rules and regulations to reflect such designation or |
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262 | | - | revocation of such designation, but only after giving due consideration |
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263 | | - | to the risks to state and national security and the economic costs and |
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264 | | - | benefits of such action. |
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265 | | - | (b) In no case shall the fusion center oversight board adopt any |
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266 | | - | rule or regulation pursuant to this section that would designate an |
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267 | | - | organization as a foreign terrorist organization that is not designated as |
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268 | | - | a foreign terrorist organization pursuant to 8 U.S.C. § 1189. |
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269 | | - | New Sec. 8. On or before March 1 of each year, Kansas state |
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270 | | - | university shall use available data and resources to prepare and submit |
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271 | | - | a report to the legislature and the attorney general detailing the status |
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272 | | - | and trends of all foreign land holdings of real property within the state |
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273 | | - | of Kansas. |
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274 | | - | New Sec. 9. Sections 1 through 8, and amendments thereto, are |
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275 | | - | declared severable. Any provision of sections 1 through 8, and |
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276 | | - | amendments thereto, or the application thereof to any person or |
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277 | | - | circumstance that is held to be unconstitutional or invalid shall not |
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278 | | - | affect the validity of any remaining provisions of sections 1 through 8, |
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279 | | - | and amendments thereto, or the applicability of such provisions to any |
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280 | | - | person or circumstance. |
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281 | | - | Sec. 10. K.S.A. 2024 Supp. 60-4104 is hereby amended to read as |
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282 | | - | follows: 60-4104. Conduct and offenses giving rise to forfeiture under |
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283 | | - | this act, whether or not there is a prosecution or conviction related to |
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284 | | - | the offense, are: |
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285 | | - | (a) All offenses which statutorily and specifically authorize |
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286 | | - | forfeiture; |
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287 | | - | (b) violations involving controlled substances, as described in |
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288 | | - | K.S.A. 21-5703, 21-5705, 21-5707, 21-5708(b), 21-5709(a), (b)(1), (c) |
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289 | | - | and (d), 21-5710, 21-5713(a), 21-5714 and 21-5716, and amendments |
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290 | | - | thereto; |
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291 | | - | (c) theft, as defined in K.S.A. 21-5801, and amendments thereto; |
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292 | | - | (d) criminal discharge of a firearm, as defined in K.S.A. 21- |
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293 | | - | 6308(a)(1) and (a)(2), and amendments thereto; |
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294 | | - | (e) gambling, as defined in K.S.A. 21-6404, and amendments |
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295 | | - | thereto, and commercial gambling, as defined in K.S.A. 21-6406(a)(1), |
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296 | | - | and amendments thereto; |
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297 | | - | (f) counterfeiting, as defined in K.S.A. 21-5825, and amendments |
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298 | | - | thereto; House Substitute for SENATE BILL No. 9—page 6 |
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299 | | - | (g) unlawful possession or use of a scanning device or reencoder, |
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300 | | - | as described in K.S.A. 21-6108, and amendments thereto; |
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301 | | - | (h) medicaid fraud, as described in K.S.A. 21-5925 through 21- |
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302 | | - | 5934, and amendments thereto; |
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303 | | - | (i) an act or omission occurring outside this state, which would be |
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304 | | - | a violation in the place of occurrence and would be described in this |
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305 | | - | section if the act occurred in this state, whether or not it is prosecuted in |
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306 | | - | any state; |
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307 | | - | (j) an act or omission committed in furtherance of any act or |
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308 | | - | omission described in this section including any inchoate or preparatory |
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309 | | - | offense, whether or not there is a prosecution or conviction related to |
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310 | | - | the act or omission; |
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311 | | - | (k) any solicitation or conspiracy to commit any act or omission |
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312 | | - | described in this section, whether or not there is a prosecution or |
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313 | | - | conviction related to the act or omission; |
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314 | | - | (l) terrorism, as defined in K.S.A. 21-5421, and amendments |
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315 | | - | thereto, illegal use of weapons of mass destruction, as defined in |
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316 | | - | K.S.A. 21-5422, and amendments thereto, and furtherance of terrorism |
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317 | | - | or illegal use of weapons of mass destruction, as described in K.S.A. |
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318 | | - | 21-5423, and amendments thereto; |
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319 | | - | (m) unlawful conduct of dog fighting and unlawful possession of |
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320 | | - | dog fighting paraphernalia, as defined in K.S.A. 21-6414(a) and (b), |
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321 | | - | and amendments thereto; |
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322 | | - | (n) unlawful conduct of cockfighting and unlawful possession of |
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323 | | - | cockfighting paraphernalia, as defined in K.S.A. 21-6417(a) and (b), |
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324 | | - | and amendments thereto; |
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325 | | - | (o) selling sexual relations, as defined in K.S.A. 21-6419, and |
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326 | | - | amendments thereto, promoting the sale of sexual relations, as defined |
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327 | | - | in K.S.A. 21-6420, and amendments thereto, and buying sexual |
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328 | | - | relations, as defined in K.S.A. 21-6421, and amendments thereto; |
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329 | | - | (p) human trafficking and aggravated human trafficking, as |
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330 | | - | defined in K.S.A. 21-5426, and amendments thereto; |
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331 | | - | (q) violations of the banking code, as described in K.S.A. 9-2012, |
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332 | | - | and amendments thereto; |
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333 | | - | (r) mistreatment of a dependent adult, as defined in K.S.A. 21- |
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334 | | - | 5417, and amendments thereto; |
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335 | | - | (s) giving a worthless check, as defined in K.S.A. 21-5821, and |
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336 | | - | amendments thereto; |
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337 | | - | (t) forgery, as defined in K.S.A. 21-5823, and amendments |
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338 | | - | thereto; |
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339 | | - | (u) making false information, as defined in K.S.A. 21-5824, and |
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340 | | - | amendments thereto; |
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341 | | - | (v) criminal use of a financial card, as defined in K.S.A. 21-5828, |
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342 | | - | and amendments thereto; |
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343 | | - | (w) unlawful acts concerning computers, as described in K.S.A. |
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344 | | - | 21-5839, and amendments thereto; |
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345 | | - | (x) identity theft and identity fraud, as defined in K.S.A. 21- |
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346 | | - | 6107(a) and (b), and amendments thereto; |
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347 | | - | (y) electronic solicitation, as defined in K.S.A. 21-5509, and |
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348 | | - | amendments thereto; |
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349 | | - | (z) felony violations of fleeing or attempting to elude a police |
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350 | | - | officer, as described in K.S.A. 8-1568, and amendments thereto; |
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351 | | - | (aa) commercial sexual exploitation of a child, as defined in |
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352 | | - | K.S.A. 21-6422, and amendments thereto; |
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353 | | - | (bb) violations of the Kansas racketeer influenced and corrupt |
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354 | | - | organization act, as described in K.S.A. 21-6329, and amendments |
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355 | | - | thereto; |
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356 | | - | (cc) indecent solicitation of a child and aggravated indecent |
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357 | | - | solicitation of a child, as defined in K.S.A. 21-5508, and amendments House Substitute for SENATE BILL No. 9—page 7 |
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358 | | - | thereto; |
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359 | | - | (dd) sexual exploitation of a child, as defined in K.S.A. 21-5510, |
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360 | | - | and amendments thereto; and |
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361 | | - | (ee) violation of a consumer protection order as defined in K.S.A. |
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362 | | - | 21-6423, and amendments thereto; and |
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363 | | - | (ff) violation of the Kansas land and military installation |
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364 | | - | protection act as described in section 3, and amendments thereto. |
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365 | | - | Sec. 11. K.S.A. 2024 Supp. 60-4106 is hereby amended to read as |
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366 | | - | follows: 60-4106. (a) Except as provided in this subsection, all |
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367 | | - | property, including all interests in property, described in K.S.A. 60- |
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368 | | - | 4105, and amendments thereto, is subject to forfeiture subject to all |
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369 | | - | mortgages, deeds of trust, financing statements or security agreements |
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370 | | - | properly of record prior to the forfeiture held by an interest holder. |
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371 | | - | (1) No real property or conveyance, or an interest therein, may be |
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372 | | - | forfeited under this act unless the offense or conduct giving rise to |
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373 | | - | forfeiture constitutes a felony, except as provided in the Kansas land |
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374 | | - | and military installation protection act, section 1 et seq., and |
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375 | | - | amendments thereto. |
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376 | | - | (2) No conveyance used by any person as a common carrier in the |
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377 | | - | transaction of business as a common carrier is subject to forfeiture |
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378 | | - | under this act unless the owner or other person in charge of the |
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379 | | - | conveyance is a consenting party or privy to a violation of this act. |
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380 | | - | (3) No property is subject to forfeiture under this act if the owner |
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381 | | - | or interest holder acquired the property before or during the conduct |
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382 | | - | giving rise to the property's forfeiture, and such owner or interest |
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383 | | - | holder: |
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384 | | - | (A) Did not know and could not have reasonably known of the act |
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385 | | - | or omission or that it was likely to occur; or |
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386 | | - | (B) acted reasonably to prevent the conduct giving rise to |
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387 | | - | forfeiture. |
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388 | | - | (4) No property is subject to forfeiture if the owner or interest |
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389 | | - | holder acquired the property after the conduct giving rise to the |
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390 | | - | property's forfeiture, including acquisition of proceeds of conduct |
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391 | | - | giving rise to forfeiture, and such owner or interest holder: |
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392 | | - | (A) Acquired the property in good faith, for value; and |
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393 | | - | (B) was not knowingly taking part in an illegal transaction. |
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394 | | - | (5) (A) An interest in property acquired in good faith by an |
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395 | | - | attorney as reasonable payment or to secure payment for legal services |
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396 | | - | in a criminal matter relating to violations of this act or for the |
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397 | | - | reimbursement of reasonable expenses related to the legal services is |
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398 | | - | exempt from forfeiture unless before the interest was acquired the |
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399 | | - | attorney knew of a judicial determination of probable cause that the |
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400 | | - | property is subject to forfeiture. |
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401 | | - | (B) The state bears the burden of proving that an exemption |
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402 | | - | claimed under this section is not applicable. Evidence made available |
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403 | | - | by the compelled disclosure of confidential communications between |
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404 | | - | an attorney and a client other than nonprivileged information relating to |
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405 | | - | attorney fees, is not admissible to satisfy the state's burden of proof. |
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406 | | - | (b) Notwithstanding subsection (a), property is not exempt from |
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407 | | - | forfeiture, even though the owner or interest holder lacked knowledge |
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408 | | - | or reason to know that the conduct giving rise to property's forfeiture |
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409 | | - | had occurred or was likely to occur, if the: |
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410 | | - | (1) Person whose conduct gave rise to the property's forfeiture had |
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411 | | - | authority to convey the property of the person claiming the exemption |
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412 | | - | to a good faith purchaser for value at the time of the conduct; |
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413 | | - | (2) owner or interest holder is criminally responsible for the |
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414 | | - | conduct giving rise to the property's forfeiture, whether or not there is a |
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415 | | - | prosecution or conviction; or |
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416 | | - | (3) owner or interest holder acquired the property with notice of House Substitute for SENATE BILL No. 9—page 8 |
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417 | | - | the property's actual or constructive seizure for forfeiture under this act, |
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418 | | - | or with reason to believe that the property was subject to forfeiture |
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419 | | - | under this act. |
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420 | | - | (c) Prior to final judgment in a judicial forfeiture proceeding, the |
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421 | | - | court shall determine whether the proposed forfeiture is |
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422 | | - | unconstitutionally excessive pursuant to K.S.A. 60-4112(g), and |
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423 | | - | amendments thereto, if the court has not made such determination |
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424 | | - | earlier in the proceeding as a result of a petition filed pursuant to |
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425 | | - | K.S.A. 60-4112(g), and amendments thereto. |
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426 | | - | New Sec. 12. (a) In addition to the provisions of K.S.A. 75-3739, |
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427 | | - | and amendments thereto, and any other applicable statutes concerning |
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428 | | - | purchases, a governmental agency shall not purchase or acquire any |
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429 | | - | drone or any related services, maintenance agreements or equipment, |
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430 | | - | the critical components of which were: |
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431 | | - | (1) Produced in any country of concern; or |
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432 | | - | (2) produced or owned by any foreign principal. |
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433 | | - | (b) Any critical components for drones or any related services or |
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434 | | - | equipment that were acquired prior to July 1, 2025, and that are not in |
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435 | | - | compliance with subsection (a) may continue to be used by the |
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436 | | - | governmental agency that acquired such critical components. When a |
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437 | | - | governmental agency determines that a critical component must be |
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438 | | - | replaced, the governmental agency may use any replacement |
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439 | | - | component acquired prior to July 1, 2025, but no new replacement |
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440 | | - | component shall be acquired from any foreign principal. |
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441 | | - | (c) Any acquisition that is otherwise prohibited under subsection |
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442 | | - | (a) or (b) may be completed by a governmental agency if: |
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443 | | - | (1) There is no other reasonable means to acquire such critical |
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444 | | - | components or of addressing the needs of the governmental agency |
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445 | | - | necessitating such acquisition; |
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446 | | - | (2) the agreement for such acquisition is approved by the secretary |
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447 | | - | of administration after consultation with the adjutant general; and |
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448 | | - | (3) failure to acquire such critical components or otherwise |
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449 | | - | address the needs of the governmental agency would pose a greater |
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450 | | - | threat to the safety and security of this state than that posed by entering |
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451 | | - | into such acquisition agreement. |
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452 | | - | (d) The provisions of this section shall not apply to any contract or |
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453 | | - | agreement entered into prior to July 1, 2025. |
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454 | | - | New Sec. 13. As used in section 12, and amendments thereto: |
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455 | | - | (a) "Company" means any: |
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456 | | - | (1) For-profit corporation, partnership, limited partnership, limited |
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457 | | - | liability partnership, limited liability company, joint venture, trust, |
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458 | | - | association, sole proprietorship or other organization, including any: |
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459 | | - | (A) Subsidiary of such company, a majority ownership interest of |
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460 | | - | which is held by such company; |
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461 | | - | (B) parent company that holds a majority ownership interest of |
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462 | | - | such company; |
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463 | | - | (C) other affiliate or business association of such company whose |
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464 | | - | primary purpose is to make a profit; and |
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465 | | - | (D) representative agent of such company; or |
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466 | | - | (2) nonprofit organization. |
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467 | | - | (b) (1) "Country of concern" means the following: |
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468 | | - | (A) People's republic of China, including the Hong Kong special |
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469 | | - | administrative region; |
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470 | | - | (B) republic of Cuba; |
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471 | | - | (C) islamic republic of Iran; |
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472 | | - | (D) democratic people's republic of Korea; |
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473 | | - | (E) Russian federation; and |
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474 | | - | (F) Bolivarian republic of Venezuela. |
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475 | | - | (2) "Country of concern" does not include the republic of China House Substitute for SENATE BILL No. 9—page 9 |
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476 | | - | (Taiwan). |
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477 | | - | (c) (1) "Critical component" means those components or |
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478 | | - | subcomponents that are: |
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479 | | - | (A) Distinct and serviceable articles; and |
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480 | | - | (B) the primary component or subcomponent of an identifiable |
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481 | | - | process or subprocess necessary to the recording, storing or |
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482 | | - | transmitting of data or any other form of information. |
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483 | | - | (2) "Critical component" includes any software installed in a |
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484 | | - | drone or in any device or network device used in support of the |
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485 | | - | operations of a drone. |
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486 | | - | (d) "Domicile" means the country where a: |
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487 | | - | (1) Company is organized; |
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488 | | - | (2) company completes a substantial portion of its business; or |
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489 | | - | (3) majority of a company's ownership interest is held. |
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490 | | - | (e) "Drone" means an unmanned aircraft that is controlled |
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491 | | - | remotely by a human operator or operates autonomously through |
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492 | | - | computer software or other programming. |
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493 | | - | (f) "Foreign principal" means: |
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494 | | - | (1) The government or any official of the government of a country |
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495 | | - | of concern; |
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496 | | - | (2) any political party, subdivision thereof or any member of a |
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497 | | - | political party of a country of concern; |
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498 | | - | (3) any corporation, partnership, association, organization or other |
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499 | | - | combination of persons organized under the laws of or having its |
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500 | | - | principal place of business in a country of concern. "Foreign principal" |
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501 | | - | includes any subsidiary owned or wholly controlled by any such entity; |
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502 | | - | (4) any agent of or any entity otherwise under the control of a |
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503 | | - | country of concern; |
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504 | | - | (5) any individual whose residence is in a country of concern and |
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505 | | - | who is not a citizen or lawful permanent resident of the United States; |
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506 | | - | or |
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507 | | - | (6) any individual, entity or combination thereof described in |
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508 | | - | paragraphs (1) through (5) that has a controlling interest in any |
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509 | | - | company formed for the purpose of manufacturing, distributing, |
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510 | | - | transporting or selling critical components for drones and related |
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511 | | - | services and equipment. |
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512 | | - | (g) "Governmental agency" means the state or any political or |
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513 | | - | taxing subdivision of the state or any office, agency or instrumentality |
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514 | | - | thereof. |
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515 | | - | Sec. 14. K.S.A. 2024 Supp. 60-4104 and 60-4106 are hereby |
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516 | | - | repealed. House Substitute for SENATE BILL No. 9—page 10 |
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517 | | - | Sec. 15. This act shall take effect and be in force from and after its |
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518 | | - | publication in the statute book. |
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519 | | - | I hereby certify that the above BILL originated in the |
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520 | | - | SENATE, and passed that body |
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521 | | - | __________________________ |
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522 | | - | SENATE adopted |
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523 | | - | Conference Committee Report ________________ |
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524 | | - | _________________________ |
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525 | | - | President of the Senate. |
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526 | | - | _________________________ |
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527 | | - | Secretary of the Senate. |
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528 | | - | |
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529 | | - | Passed the HOUSE |
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530 | | - | as amended _________________________ |
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531 | | - | HOUSE adopted |
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532 | | - | Conference Committee Report ________________ |
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533 | | - | _________________________ |
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534 | | - | Speaker of the House. |
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535 | | - | _________________________ |
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536 | | - | Chief Clerk of the House. |
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537 | | - | APPROVED _____________________________ |
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538 | | - | _________________________ |
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539 | | - | Governor. |
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| 10 | + | Section 1. K.S.A. 2024 Supp. 58-2011 is hereby amended to read as |
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| 11 | + | follows: 58-2011. (a) Whenever a survey originates from a United States |
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| 12 | + | public land survey corner or any related accessory, the land surveyor shall |
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| 13 | + | file a reference report for each corner or accessory with the secretary of the |
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| 14 | + | state historical society and with the county surveyor for the county or |
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| 15 | + | counties in which the survey corner exists. If there is no county surveyor |
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| 16 | + | of such county, such reference report shall be filed with the county |
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| 17 | + | engineer. If there is no county engineer, such report shall be filed in the |
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| 18 | + | office of the county road department or in a county office designated by |
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| 19 | + | the county commission. Reports filed with the secretary of the state |
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| 20 | + | historical society may be filed and retrieved using electronic technologies |
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| 21 | + | if authorized by the secretary. Such report shall be filed within 30 90 days |
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| 22 | + | of the date the references are made. At the time of filing such report with |
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| 23 | + | the secretary of the state historical society, the land surveyor shall pay a |
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| 24 | + | filing fee in an amount fixed by rules and regulations of the secretary of |
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| 25 | + | the state historical society. Fees charged for filing and retrieval of such |
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| 26 | + | reports may be billed and paid periodically. |
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| 27 | + | (b) Any person engaged in an activity in which a United States public |
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| 28 | + | land survey corner or any related accessory is likely to be altered, |
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| 29 | + | removed, damaged or destroyed, shall have a person qualified to practice |
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| 30 | + | land surveying establish such reference points as necessary for the |
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| 31 | + | restoration, reestablishment or replacement of the corner or accessory. The |
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| 32 | + | land surveyor shall file a reference report with the secretary of the state |
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| 33 | + | historical society and with the county surveyor for the county or counties |
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| 34 | + | in which the survey corner exists. Such report shall be filed within 30 90 |
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| 35 | + | days of the date the references are made. At the time of filing such report |
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| 36 | + | with the secretary of the state historical society, the land surveyor shall pay |
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| 37 | + | a filing fee in an amount fixed by rules and regulations of the secretary of |
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| 38 | + | the state historical society. |
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| 39 | + | (c) Upon completion of the activity likely to alter, remove, damage or |
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| 76 | + | destroy the public land survey corner or related accessory, the land |
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| 77 | + | surveyor shall review the survey corner and its accessories. If the survey |
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| 78 | + | corner or any accessory has been altered, removed, damaged or destroyed, |
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| 79 | + | the land surveyor shall replace the corner or accessory with a survey |
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| 80 | + | monument and file a restoration report with the secretary of the state |
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| 81 | + | historical society and the county surveyor in the county or counties in |
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| 82 | + | which it existed. If the survey corner and accessories are not damaged |
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| 83 | + | during the activity, a restoration report so stating shall be filed with the |
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| 84 | + | secretary of the state historical society and county surveyor's office. Such |
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| 85 | + | report shall be filed within 30 90 days after the activity is completed. At |
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| 86 | + | the time of filing such report with the office of the secretary of the state |
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| 87 | + | historical society the land surveyor shall pay a filing fee in an amount |
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| 88 | + | fixed by rules and regulations of the secretary of the state historical |
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| 89 | + | society. |
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| 90 | + | (d) Failure to comply with the filing requirements of this section shall |
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| 91 | + | be grounds for the suspension or revocation of the land surveyor's license. |
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| 92 | + | (e) The secretary of the state historical society may produce, |
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| 93 | + | reproduce and sell maps, plats, reports, studies and records relating to land |
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| 94 | + | surveys. The secretary of the state historical society shall charge a fee in an |
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| 95 | + | amount to be fixed by rules and regulations of the secretary for the |
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| 96 | + | furnishing of information retrieved from records filed pursuant to this |
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| 97 | + | section and for reproductions or copies of maps, plats, reports, studies and |
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| 98 | + | records filed in such office. |
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| 99 | + | (f) All moneys collected by the secretary of the state historical society |
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| 100 | + | under the provisions of this section shall be remitted to the state treasurer |
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| 101 | + | in accordance with the provisions of K.S.A. 75-4215, and amendments |
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| 102 | + | thereto. Upon receipt of each such remittance, the state treasurer shall |
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| 103 | + | deposit the entire amount in the state treasury. Ten percent of each such |
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| 104 | + | deposit shall be credited to the state general fund and the balance shall be |
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| 105 | + | credited to the land survey fee fund, which is hereby created. All |
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| 106 | + | expenditures from such fund shall be made in accordance with |
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| 107 | + | appropriation acts upon warrants approved by the secretary of the state |
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| 108 | + | historical society or a person designated by the secretary of the state |
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| 109 | + | historical society and shall be used only for the purpose of paying the costs |
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| 110 | + | incurred in administering the provisions of this act. After the effective date |
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| 111 | + | of this act, any reference to the secretary of state in regard to |
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| 112 | + | appropriations to the land survey fee fund shall be deemed to refer to the |
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| 113 | + | secretary of the state historical society. |
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| 114 | + | (g) The failure of any person to have a land surveyor establish |
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| 115 | + | reference points as required by subsection (b) shall be a class C |
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| 116 | + | misdemeanor. |
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| 117 | + | Sec. 2. K.S.A. 2024 Supp. 58-2011 is hereby repealed. |
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| 118 | + | Sec. 3. This act shall take effect and be in force from and after its |
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| 162 | + | publication in the statute book.1 |
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