History: L. 1879, ch. 166, § 20; R.S. 1923, 75-401; L. 1967, ch. 434, § 42; L. 1974, ch. 364, § 12; Jan. 13, 1975.
History: L. 1879, ch. 166, § 21; March 20; R.S. 1923, 75-402.
History: L. 1879, ch. 166, § 22; R.S. 1923, 75-403; L. 1967, ch. 434, § 43; L. 1968, ch. 257, § 1; July 1.
History: L. 1879, ch. 166, § 23; March 20; R.S. 1923, 75-404.
History: L. 1879, ch. 166, § 24; R.S. 1923, 75-405; L. 1968, ch. 7, § 4; Repealed, L. 1969, ch. 249, § 17; Jan. 21.
History: L. 1879, ch. 166, § 25; March 20; R.S. 1923, 75-406.
History: L. 1879, ch. 166, § 27; R.S. 1923, 75-407; L. 1972, ch. 332, § 45; July 1.
History: L. 1879, ch. 166, § 28; R.S. 1923, 75-408; L. 1975, ch. 430, § 1; April 15.
(b) Where any such copy must be made outside the secretary of state's office, in addition to the certification fee, the secretary of state shall charge the requesting party the actual costs of reproducing and transmitting such copy in an amount fixed by the secretary of state and approved by the director of accounts and reports under K.S.A. 45-204.
History: L. 1879, ch. 166, § 29; R.S. 1923, 75-409; L. 1972, ch. 54, § 23; L. 1973, ch. 334, § 1; L. 1975, ch. 430, § 2; L. 1978, ch. 347, § 18; L. 1983, ch. 272, § 2; July 1.
History: L. 1879, ch. 166, § 30; March 20; R.S. 1923, 75-410.
History: L. 1879, ch. 166, § 31; March 20; R.S. 1923, 75-411.
History: L. 1879, ch. 166, § 32; R.S. 1923, 75-412; L. 1955, ch. 361, § 1; L. 1967, ch. 435, § 1; L. 1969, ch. 395, § 1; L. 1980, ch. 263, § 1; July 1.
History: R.S. 1923, 75-413; L. 1967, ch. 434, § 44; July 1.
History: L. 1879, ch. 166, § 35; March 20; R.S. 1923, 75-414.
History: L. 1913, ch. 314, § 1; R.S. 1923, 75-415; Repealed, L. 1979, ch. 278, § 3; July 1.
History: R.S. 1923, 75-416; Repealed, L. 1979, ch. 278, § 3; July 1.
History: L. 1937, ch. 271, § 1; L. 1938, ch. 54, § 1; L. 1945, ch. 316, § 1; L. 1965, ch. 459, § 1; June 30.
History: L. 1941, ch. 360, § 1; L. 1975, ch. 427, § 244; Repealed, L. 1994, ch. 113, § 1; July 1.
History: L. 1953, ch. 396, § 1; June 30.
History: L. 1953, ch. 396, § 2; L. 2001, ch. 5, § 356; July 1.
History: L. 1953, ch. 397, § 1; June 30.
History: L. 1953, ch. 397, § 2; June 30.
History: L. 1953, ch. 397, § 3; June 30.
History: L. 1953, ch. 397, § 4; June 30.
History: L. 1953, ch. 397, § 5; June 30.
History: L. 1953, ch. 397, § 7; June 30.
History: L. 1953, ch. 397, § 6; June 30.
History: L. 1961, ch. 426, § 1; Repealed, L. 1963, ch. 65, § 8; July 1.
History: L. 1879, ch. 166, § 104; R.S. 1923, 75-2108; L. 1972, ch. 332, § 47; Repealed, L. 1981, ch. 324, § 36; Jan. 1, 1982.
(1) All acts of the legislature required to be published in the Kansas register;
(2) all executive orders and directives of the governor which are required to be filed in the office of the secretary of state;
(3) summaries of all opinions of the attorney general interpreting acts of the legislature as prepared by the office of the attorney general;
(4) notice of any public comment period on contemplated modification of an existing rule and regulation, which notice shall contain the information required by K.S.A 77-421 and amendments thereto;
(5) all notices of hearings on proposed administrative rules and regulations required to be filed in the office of the secretary of state under the provisions of article 4 of chapter 77 of the Kansas Statutes Annotated and a summary of all proposed administrative rules and regulations to be considered at such hearings together with the address of the state agency from which a copy of the full text of the proposed rules and regulations may be received;
(6) the full text of all administrative rules and regulations which have been adopted and filed in accordance with the provisions of article 4 of chapter 77 of the Kansas Statutes Annotated, except that the secretary of state may publish a summary of any rule and regulation together with the address of the state agency from which a copy of the full text of the proposed rules and regulations may be received, if such rule and regulation is lengthy and expensive to publish and otherwise available in published form and a summary will, in the opinion of the secretary, properly notify the public of the contents of such rule and regulation;
(7) a cumulative index of all administrative rules and regulations which have been adopted and filed in accordance with the provisions of article 4 of chapter 77 of the Kansas Statutes Annotated;
(8) all notices of hearings of special legislative interim study committees, descriptions of all prefiled bills and resolutions and descriptions of all bills and resolutions introduced in the legislature during any session of the legislature, and other legislative information which is approved for publication by the legislative coordinating council;
(9) the hearings docket of the Kansas supreme court and the court of appeals;
(10) summaries of all orders of the board of tax appeals which have statewide application;
(11) all advertisements for contracts for construction, repairs, improvements or purchases by the state of Kansas or any agency thereof for which competitive bids are required; and
(12) any other information which the secretary of state deems to be of sufficient interest to the general public to merit its publication or which is required by law to be published in the Kansas register.
(b) The secretary of state shall publish such register at regular intervals, but not less than weekly.
(c) The secretary of state may omit from the register any information the publication of which the secretary deems cumbersome, expensive, or otherwise inexpedient, if the information is made available in printed or processed form by the adopting agency on application for it, and if the register contains a notice stating the general subject matter of the information and the manner in which a copy of it may be obtained.
(d) One copy of each issue of the register shall be made available without charge on request to each officer, board, commission, and department of the state having statewide jurisdiction, to each member of the legislature, to each county clerk in the state, and to the supreme court, court of appeals and each district court.
(e) The secretary of state shall make copies of the register available to other persons on payment of a fee to be fixed by the secretary of state under K.S.A. 75-433, and amendments thereto.
History: L. 1981, ch. 324, § 1; L. 1982, ch. 346, § 7; L. 1983, ch. 273, § 1; L. 1983, ch. 274, § 1; L. 1983, ch. 275, § 1, L. 1988, ch. 366, § 24; June 1.
This subsection shall not apply to the acquisition of legal services by any state agency in the executive branch, to emergency purchases or services reported in accordance with K.S.A. 75-3739 and amendments thereto or to the acquisition of any services by any state agency in the legislative or judicial branches of state government.
This subsection shall not apply to sales of property obtained pursuant to the federal property and administrative services act.
(b) Any state agency authorized to negotiate the sale of any personal property of the state or a state agency, other than to another state agency, shall publish a notice of the commencement of such negotiations in the Kansas register at least 15 days prior to the commencement of such negotiations.
(c) Any state agency authorized by law to enter into leases on real property of the state or a state agency for the production of oil, natural gas, sand, gravel or any other mineral, or combination thereof, by competitive bids or other procedures as authorized by law, shall publish a notice of intention to enter into a lease for such mineral production in the Kansas register at least 30 days prior to the bid opening or the commencement of such other procedure as authorized by law.
(d) Any state agency authorized by law to lease or sell any real property of the state or any state agency or any interest in such real property, other than to another state agency or a political subdivision, shall publish a notice of intention to lease or sell state real property at least 30 days prior to commencement of bidding or other procedure authorized by law.
History: L. 1982, ch. 346, § 8; L. 1983, ch. 274, § 2; July 1.
(b) If there is a conflict, the official text of a rule and regulation is the text on file with the secretary of state and not the text published in the register or on file with the issuing agency.
(c) The secretary of state is hereby authorized to adopt rules and regulations necessary to the effective administration of this act. Such rules and regulations may include, but are not limited to, rules prescribing paper size and the format of documents required to be published by this act. The secretary of state may refuse to accept for filing and publication any document that does not substantially conform to the promulgated rules and regulations.
(d) Upon otherwise complying with the provisions of this section, the secretary of state may destroy the original copies of all information submitted for publication.
History: L. 1981, ch. 324, § 2; L. 1988, ch. 366, § 25; L. 1997, ch. 27, § 1; July 1.
(b) A cumulative index to all information required by this act to be published during the previous year shall be published at least once each year.
(c) Each document submitted to the secretary of state for publication as provided in this act must be certified by an official of the submitting agency authorized to certify documents of that agency.
(d) Each agency shall designate at least one individual to act as a liaison through whom all required documents may be submitted to the secretary of state for publication.
(e) Each issue of the register shall be punched for standard three-ring binders.
History: L. 1981, ch. 324, § 3; Jan. 1, 1982.
(b) The secretary of state shall sell annual subscriptions to the Kansas register and shall fix, charge and collect subscription fees from subscribers.
(c) On and after July 1, 1984, fees established under this section shall be fixed in amounts adequate to recover the costs of printing, binding, postage and handling attributable to the preparation and distribution of the Kansas register.
(d) The secretary of state shall remit all moneys received by the secretary under this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance the state treasurer shall deposit the entire amount in the state treasury to the credit of the state register fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or a person or persons designated by the secretary.
History: L. 1981, ch. 324, § 4; L. 2001, ch. 5, § 357; July 1.
History: L. 1981, ch. 324, § 5; Jan. 1, 1982.
History: L. 1982, ch. 363, § 1; L. 1987, ch. 196, § 12; Feb. 19.
(b) The secretary of state shall remit all moneys received from fees and charges under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the information and services fee fund of the secretary of state.
History: L. 1982, ch. 363, § 2; L. 1990, ch. 339, § 3; L. 2001, ch. 5, § 358; L. 2006, ch. 15, § 2; July 1.
History: L. 1982, ch. 363, § 3; July 1.
(b) All expenditures from the information and services fee fund shall be in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of state or by a person or persons designated by the secretary.
(c) On the effective date of this act, the information and copy service fee fund is hereby redesignated as the information and services fee fund. On the effective date of this act, the director of accounts and reports shall transfer all moneys in the information and copy service fee fund to the information and services fee fund. On the effective date of this act, all liabilities of the information and copy service fee fund are hereby transferred to and imposed on the information and services fee fund and the information and copy service fee fund is hereby abolished.
History: L. 1982, ch. 363, § 4; L. 2001, ch. 5, § 359; L. 2002, ch. 182, § 5; L. 2003, ch. 143, § 1; May 22.
History: L. 1982, ch. 363, § 17; July 1.
History: L. 1879, ch. 166, § 126; R.S. 1923, 75-3003; L. 1974, ch. 364, § 25; Jan. 13, 1975.
(b) The secretary of state shall remit all fees received by the secretary of state for auditing any person, association, partnership, firm or corporation pursuant to K.S.A. 16-310 and 16-325 and K.S.A. 17-1312a, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the cemetery and funeral audit fee fund.
(c) All expenditures from the cemetery and funeral audit fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of state or a person or persons designated by the secretary of state.
History: L. 1988, ch. 94, § 1; L. 2001, ch. 5, § 360; July 1.
The secretary of state shall determine the expenses of any audit and submit a bill to the person, association, partnership, firm or corporation audited. The bill shall constitute notice of such assessment and demand of payment thereof.
History: L. 1988, ch. 94, § 2; July 1.
History: L. 1996, ch. 157, § 1; L. 1997, ch. 10, § 1; L. 2004, ch. 179, § 115; July 1.
(b) There is hereby created in the state treasury the technology communication fee fund.
(c) The secretary of state shall remit to the state treasurer at least monthly all technology communication fees received by the secretary of state. Upon receipt of any such remittance, the state treasurer shall deposit the amount in the state treasury to the credit of the technology communication fee fund.
(d) All expenditures from the technology communication fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of state or a person or persons designated by the secretary of state.
History: L. 2002, ch. 145, § 1; July 1.
History: L. 2003, ch. 143, § 2; May 22.
History: L. 2004, ch. 171, § 37; L. 2005, ch. 157, § 29; Jan. 1, 2006.
History: L. 2004, ch. 171, § 39; July 1.
History: L. 2006, ch. 213, § 1; Jan. 1, 2007.
(a) "Abuse" means:
(1) Causing or attempting to cause physical harm;
(2) placing another person in fear of imminent physical harm;
(3) causing another person to engage involuntarily in sexual relations by force, threats or duress, or threatening to do so;
(4) engaging in mental abuse, which includes threats, intimidation and acts designed to induce terror;
(5) depriving another person of necessary health care, housing or food; or
(6) unreasonably and forcibly restraining the physical movement of another.
(b) "Confidential address" means a residential street address, school street address or work street address of an individual, as specified on the individual's application to be a program participant under K.S.A. 2007 Supp. 75-451 to 75-458, inclusive, and amendments thereto.
(c) "Confidential mailing address" means an address that is recognized for delivery by the United States postal service.
(d) "Domestic violence" means abuse committed against a victim or the victim's spouse or dependent child by:
(1) A current or former spouse of the victim;
(2) a person with whom the victim shares parentage of a child in common;
(3) a person who is cohabitating with, or has cohabitated with, the victim;
(4) a person who is related by blood or marriage; or
(5) a person with whom the victim has or had a dating or engagement relationship.
(e) "Program participant" means a person certified as a program participant under K.S.A. 2007 Supp. 75-453, and amendments thereto.
(f) "Enrolling agent" means state and local agencies, law enforcement offices, nonprofit agencies and any others designated by the secretary of state that provide counseling and shelter services to victims of domestic violence, sexual assault, trafficking or stalking.
(g) "Sexual assault" means an act which if committed in this state would constitute any crime defined in article 35 of chapter 21 of the Kansas Statutes Annotated.
(h) "Stalking" means an act which if committed in this state would constitute "stalking" as defined by K.S.A. 60-31a01, and amendments thereto.
(i) "Trafficking" means an act which if committed in this state would constitute the crime of trafficking as defined by K.S.A. 21-3446, and amendments thereto.
History: L. 2006, ch. 213, § 2; Jan. 1, 2007.
(1) A statement by the applicant that the applicant has good reason to believe that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, trafficking or stalking and:
(i) That the applicant fears for the applicant's safety or the applicant's children's safety or the safety of the minor or incapacitated person on whose behalf the application is made; or
(ii) that by virtue of living with an enrolled program participant, the applicant fears that the knowledge or publication of the applicants' whereabouts will put the enrolled participant in danger.
(2) A designation of the secretary of state as agent for purposes of service of process and for the purpose of receipt of mail.
(3) The confidential mailing address where the applicant can be contacted by the secretary of state, and the phone number or numbers where the applicant can be called by the secretary of state.
(4) The confidential address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence, sexual assault, trafficking or stalking.
(5) Evidence that the applicant or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, trafficking or stalking, or is an adult family member residing with the victim. This evidence may include any of the following:
(A) Law enforcement, court or other federal, state or local government records or files.
(B) Documentation from a public or private entity that provides assistance to victims of domestic violence, sexual assault, trafficking or stalking.
(C) Documentation from a religious, medical or other professional from whom the applicant has sought assistance in dealing with the alleged domestic violence, sexual assault, trafficking or stalking.
(D) Other forms of evidence as determined by the secretary of state.
(6) A statement of whether there are any existing court orders involving the applicant for child support, child custody or child visitation and whether there are any active court actions involving the applicant for child support, child custody or child visitation, the name and address of legal counsel of record and the last known address of the other parent or parents involved in those court orders or court actions.
(7) The signature of the applicant and of any individual or representative of any enrolling agent who assisted in the preparation of the application, and the date on which the applicant signed the application.
(b) Applications shall be filed in accordance with procedures prescribed by the secretary of state.
(c) Upon filing a properly completed application, the secretary of state shall certify the applicant as a program participant. Applicants shall be certified for four years following the date of filing unless the certification is withdrawn or invalidated before that date. The secretary of state shall by rule and regulation establish a renewal procedure.
(d) Upon certification in the program, in any case where there are court orders or court actions identified in subsection (a)(6), the secretary of state shall, within 10 days, notify the other parent or parents of the address designated by the secretary of state for the program participant and the designation of the secretary of state as agent for purpose of service of process. The notice shall be given by mail, return receipt requested, postage prepaid, to the last known address of the other parent to be notified. A copy shall also be sent to that parent's counsel of record.
(e) A person who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's children or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, shall be punishable under K.S.A. 21-3711, and amendments thereto, or other applicable statutes.
History: L. 2006, ch. 213, § 3; Jan. 1, 2007.
(b) The secretary of state may cancel a program participant's certification if there is a change in the residential address from the one listed on the application, unless the program participant provides the secretary of state with seven days' prior notice of the change of address.
(c) The secretary of state may cancel certification of a program participant if mail forwarded by the secretary to the program participant's address is returned as nondeliverable.
(d) The secretary of state shall cancel certification of a program participant who applies using false information.
History: L. 2006, ch. 213, § 4; Jan. 1, 2007.
(1) The agency has a bona fide statutory or administrative requirement for the use of the address which would otherwise be confidential under K.S.A. 2007 Supp. 75-451 to 75-458, inclusive, and amendments thereto; and
(2) this address will be used only for those statutory and administrative purposes.
(b) A program participant may use the address designated by the secretary of state as the participant's work address.
(c) The office of the secretary of state shall forward all first class mail, and other items designated by rule and regulation, to the appropriate program participants.
History: L. 2006, ch. 213, § 5; Jan. 1, 2007.
(b) The secretary of state shall prescribe by rule and regulation voting procedures to maintain confidentiality of the addresses of program participants.
History: L. 2006, ch. 213, § 6; Jan. 1, 2007.
(a) If requested by a law enforcement agency, to the law enforcement agency in accordance with procedures prescribed by rules and regulations;
(b) if directed by a court order, to a person identified in the order; or
(c) if requested by a state or local agency, to verify the participation of a specific program participant, in which case the secretary may only confirm participation in the program.
History: L. 2006, ch. 213, § 7; Jan. 1, 2007.
History: L. 2006, ch. 213, § 8; Jan. 1, 2007.