Kansas 2025-2026 Regular Session

Kansas Senate Bill SB9 Compare Versions

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