Kansas Statutes

Chapter 11: Census

Article 3: Census Data For Legislative And Congressional Redistricting

Statutes:

• 11-301: Census data for reapportionment of senatorial and representative districts; adjustment of federal census.
• 11-302: Same; definitions.
• 11-303: Same; information to be obtained by colleges and universities and certain military officers; reporting to secretary.
• 11-304: Data used for legislative redistricting; adjustment.
• 11-305: Same; rules and regulations.
• 11-306: Same; personal data and information, use; confidential and not subject to open records act.
• 11-307: Same; unlawful acts; informing public.
• 11-308 to 11-320: Reserved.
• 11-321: Data used for congressional redistricting.

• 11-301: Census data for reapportionment of senatorial and representative districts; adjustment of federal census. In accordance with this act, the secretary of state shall obtain data to make adjustments to each federal decennial census such that there is compliance with subsection (a) of section 1 of article 10 of the constitution of Kansas. The secretary shall make or cause to be made all such adjustments.

        History:   L. 1989, ch. 257, § 1; May 18.

• 11-302: Same; definitions. For the purpose of determining the residence or nonresidence of military personnel stationed within the state and students attending colleges and universities within the state:

        (a)   "Nonresident" means a person who has a domicile or permanent residence outside of the state of Kansas.

        (b)   "Resident" means a person who declares that he or she is a resident of the state of Kansas and has a present intent to remain in the state.

        (c)   "Permanent residence" means a fixed place of abode or fixed domicile which a person intends to be such person's residence and to which such person presently intends to return.

        (d)   "Student" means a person enrolled in classes of a university or college for a minimum of nine credit hours, or a person seeking an academic degree.

        (e)   "Military personnel" means members of the armed forces of the United States stationed and located in Kansas.

        (f)   "College" means a public or private postsecondary educational institution, including community colleges, which offers two year or four year educational programs.

        (g)   "University" means a public or private institution offering at least a baccalaureate degree.

        History:   L. 1989, ch. 257, § 2; May 18.

• 11-303: Same; information to be obtained by colleges and universities and certain military officers; reporting to secretary. (a) Every public or private university and college shall obtain from all enrolled students census information upon forms provided by the secretary of state. Such information shall be obtained as of the federal census date as specified by the secretary and shall be used to carry out K.S.A. 11-301, and shall be supplied to the secretary at a time specified by the secretary.

        (b)   Every military officer in charge of more than 50 persons in the military service shall obtain from all persons in the military service and under the command of such officer census information upon forms provided by the secretary of state. Such information shall be obtained as of the federal census date as specified by the secretary and shall be used to carry out K.S.A. 11-301. Such information shall be supplied to the secretary at a time specified by the secretary.

        History:   L. 1989, ch. 257, § 3; May 18.

• 11-304: Data used for legislative redistricting; adjustment. (a) The secretary of state shall obtain decennial census information obtained by the United States bureau of the census for each county, city, precinct and part of a precinct that is given an identifying code. The secretary of state shall adjust each piece of such information, and adjust each and all of the same in an organized manner to carry out the provisions of K.S.A. 11-301, and amendments thereto. When such information is so organized, the secretary of state shall present the adjusted federal census information to the legislature, but not later than July 31 in the year following each federal decennial census.

        (b)   The census information obtained by the secretary of state for the purposes of subsection (a) shall be identical to the data from the actual enumeration conducted by the United States bureau of the census and used for the apportionment of representatives of the United States house of representatives. The secretary of state shall not use bureau of the census counts derived by any other means, including the use of statistical sampling, to add or subtract population by inference.

        History:   L. 1989, ch. 257, § 4; L. 1999, ch. 148, § 1; July 1.

• 11-305: Same; rules and regulations. The secretary of state shall adopt rules and regulations necessary for the determination of the residence or nonresidence of military personnel stationed within the state and students attending colleges and universities within the state of Kansas and determining the permanent residence of students and military personnel who are residents of the state of Kansas together with such other information required to carry out the provisions of this act. Such rules and regulations shall be adopted in accordance with the provisions of article 4 of chapter 77 of the Kansas Statutes Annotated, and amendments thereto.

        History:   L. 1989, ch. 257, § 5; May 18.

• 11-306: Same; personal data and information, use; confidential and not subject to open records act. All forms and other personally identifiable data and information obtained by the secretary of state, or by officials of a university or college or a military officer to carry out this act or any part thereof shall be confidential and shall not be subject to the open records act, and shall be used solely and exclusively to make the adjustments required under K.S.A. 11-301 and 11-304 as contemplated by the constitution of Kansas.

        History:   L. 1989, ch. 257, § 6; May 18.

• 11-307: Same; unlawful acts; informing public. Any person or public or private entity who shall impair, impede, obstruct or otherwise interfere with the secretary of state or any student, college, university, or with any member of the military services or any military installation in carrying out the provisions of this act shall be guilty of a class A misdemeanor. Nothing in this section shall be construed to limit or prohibit any person or any public or private entity from engaging in any activity intended to inform the public or any portion of the public of means whereby persons may assure or attempt to assure their qualification to be determined a resident or to have a permanent residence at any particular place.

        History:   L. 1989, ch. 257, § 7; May 18.

• 11-308 to 11-320: Reserved.
• 11-321: Data used for congressional redistricting. Population data used in adopting congressional district boundaries shall be identical to the decennial census data from the actual enumeration conducted by the United States bureau of the census and used for the apportionment of the United States house of representatives. Bureau of the census counts derived by any other means, including the use of statistical sampling, to add or subtract population by inference shall not be used.

        History:   L. 1999, ch. 148, § 2; July 1.