reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 4 - Secretary Of State › 75-448 Uniform commercial code fee fund; information provided by secretary of state and register of deeds, fees, remittance.

75-448. Uniform commercial code fee fund; information provided by secretary of state and register of deeds, fees, remittance.
Uniform commercial code fee fund. (a) There is hereby created in the state treasury the uniform commercial code fee fund.
(b) The secretary of state shall remit to the state treasurer at least monthly all fees received by the secretary of state for providing information concerning filings under article 9 of chapter 84 of the Kansas Statutes Annotated, and amendments thereto. Upon receipt of any such remittance, the state treasurer shall deposit the entire amount in the state treasury and credit 10% of the amount to the state general fund and the balance to the uniform commercial code fee fund.
(c) All expenditures from the uniform commercial code 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.
(d) If information regarding filings in the office of the secretary of state is provided by a register of deeds, the fee to be collected from the customer shall be an amount fixed by rules and regulations adopted by the secretary of state. The rules and regulations adopted by the secretary of state shall specify the amount the register of deeds shall remit to the county treasurer for deposit into the county general fund. The register of deeds shall remit at least monthly the remainder of all such fees collected to the state treasurer. The state treasurer shall deposit the entire amount in the state treasury and shall credit 10% of the amount to the state general fund and the remainder to the uniform commercial code fee fund.
History:
L. 2000, ch. 142, § 134; L. 2011, ch. 53, § 57; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 4 - Secretary Of State › 75-449 Printing and binding by secretary of state; procurement of private services.

75-449. Printing and binding by secretary of state; procurement of private services.
Notwithstanding the provisions of K.S.A. 75-1005(a), and amendments thereto, for the purpose of fulfilling public printing and binding requirements provided by law, the secretary of state may utilize the printing or binding services of the division of printing or, in the discretion of the secretary of state, may acquire printing or binding services in accordance with the purchasing and procurement laws applicable to state agencies.
History:
L. 2021, ch. 61, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 4 - Secretary Of State › 75-451 Purpose.

75-451. Purpose.
The legislature finds that persons attempting to escape from actual or threatened domestic violence, sexual assault, human trafficking or stalking frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of K.S.A. 75-451 through 75-458, and amendments thereto, is to enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence, sexual assault, human trafficking or stalking, to enable interagency cooperation with the attorney general in providing address confidentiality for victims of domestic violence, sexual assault, human trafficking or stalking, and to enable state and local agencies to accept a program participant's use of an address designated by the attorney general as a substitute mailing address.
History:
L. 2006, ch. 213, § 1; L. 2010, ch. 122, § 8; L. 2021, ch. 110, § 21; May 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 4 - Secretary Of State › 75-452 Definitions.

75-452. Definitions.
The following words and phrases when used in K.S.A. 75-451 through 75-458, and amendments thereto, shall mean, unless the context clearly requires otherwise:
(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. 75-451 through 75-458, 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. 75-453, and amendments thereto.
(f) "Enrolling agent" means state and local agencies, law enforcement offices, nonprofit agencies and any others designated by the attorney general that provide counseling and shelter services to victims of domestic violence, sexual assault, human 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, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6419 through 21-6422, and amendments thereto.
(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) "Human trafficking" means an act which if committed in this state would constitute the crime of human trafficking as defined by K.S.A. 21-3446, prior to its repeal, or K.S.A. 21-5426, and amendments thereto.
History:
L. 2006, ch. 213, § 2; L. 2010, ch. 122, § 9; L. 2011, ch. 30, § 261; L. 2015, ch. 94, § 25; L. 2021, ch. 110, § 22; May 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 4 - Secretary Of State › 75-454 Cancellation; name change after certification; address change; nondeliverable address; use of false information.

75-454. Cancellation; name change after certification; address change; nondeliverable address; use of false information.
(a) If the program participant obtains a legal name change after being certified as a program participant, the attorney general shall cancel certification of the program participant.
(b) The attorney general 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 attorney general with seven days' prior notice of the change of address.
(c) The attorney general may cancel certification of a program participant if mail forwarded by the attorney general to the program participant's address is returned as nondeliverable.
(d) The attorney general shall cancel certification of a program participant who knowingly provides false or incorrect information.
History:
L. 2006, ch. 213, § 4; L. 2021, ch. 110, § 24; May 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 4 - Secretary Of State › 75-455 Use; forwarding mail.

75-455. Use; forwarding mail.
(a) A program participant may request that state and local agencies use the address designated by the attorney general as the participant's address. When creating a new public record or amending or updating an existing record, state and local agencies shall accept the address designated by the attorney general as a program participant's substitute address, unless the attorney general has determined that:
(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. 75-451 through 75-458, 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 attorney general as the participant's work address.
(c) The attorney general shall forward all first class mail, and other items designated by rules and regulations, to the appropriate program participants.
History:
L. 2006, ch. 213, § 5; L. 2021, ch. 110, § 25; May 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 4 - Secretary Of State › 75-456 Rules and regulations authorized; transfer of rule and regulation authority to the attorney general.

75-456. Rules and regulations authorized; transfer of rule and regulation authority to the attorney general.
(a) The attorney general is authorized to adopt rules and regulations for the proper implementation of K.S.A. 75-451 through 75-458, and amendments thereto.
(b) (1) The secretary of state shall adopt rules and regulations prescribing voting procedures to maintain confidentiality of the addresses of program participants.
(2) Except for rules and regulations, orders, directives and standards of the secretary of state relating to subsection (b)(1), all rules and regulations, orders, directives and standards of the secretary of state relating to K.S.A. 75-451 through 75-458, and amendments thereto, that are in effect on June 30, 2021, shall be deemed to be the rules and regulations, orders, directives and standards of the attorney general and shall continue to be effective until amended, revoked or nullified pursuant to law.
(c) Except for records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the secretary of state relating to subsection (b)(1), the attorney general shall have the legal custody of all records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the secretary of state relating to K.S.A. 75-451 through 75-458, and amendments thereto.
History:
L. 2006, ch. 213, § 6; L. 2021, ch. 110, § 26; May 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 4 - Secretary Of State › 75-457 Substitute address released; exceptions.

75-457. Substitute address released; exceptions.
The attorney general shall not make any records in a program participant's file available for inspection or copying, other than the address designated by the attorney general, except under the following circumstances:
(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;
(c) if requested by a state or local agency, to verify the participation of a specific program participant, in which case the attorney general may only confirm participation in the program; and
(d) if requested by the secretary of state for election purposes, to the secretary of state in accordance with procedures prescribed by rules and regulations.
History:
L. 2006, ch. 213, § 7; L. 2021, ch. 110, § 27; May 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 4 - Secretary Of State › 75-458 Designation of enrolling agents.

75-458. Designation of enrolling agents.
The attorney general shall designate enrolling agents to assist persons applying to be program participants. The attorney general may collaborate with enrolling agents to develop a training curriculum. Any assistance rendered to applicants by the attorney general or the attorney general's designees shall not be construed as legal advice.
History:
L. 2006, ch. 213, § 8; L. 2021, ch. 110, § 28; May 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 5 - State Auditor › 75-518 Conflicts arising from disposition of function or funds resolved by governor.

75-518.
Conflicts arising from disposition of function or funds resolved by governor.
When any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolishment, transfer, attachment or other change made by this act [*], or under authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
History:
L. 1974, ch. 364, § 37; January 13, 1975.
* "This act," see Comparative Table of Sections in Constitutions Volume.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 5 - State Auditor › 75-519 Succession to property and records where function transferred divided; conflicts determined by governor.

75-519.
Succession to property and records where function transferred divided; conflicts determined by governor.
In all cases where, under the provisions of this act, part or all of the powers, duties and functions of any existing state agency are divided between any existing or newly created state agency, board or officer, each such agency, board or officer shall succeed to all property and records, which were used for, or pertain to, the performance of the powers, duties and functions transferred to it. Any conflict as to the proper disposition of property or records arising under this section shall be determined by the governor, whose decision shall be final.
History:
L. 1974, ch. 364, § 38; January 13, 1975.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-601 Oath.

75-601.
Oath.
The state treasurer shall before entering upon the duties of office take and subscribe the proper official oath, and such official oath shall be filed and recorded in the office of the secretary of state.
History:
L. 1879, ch. 166, § 48; L. 1923, ch. 223, § 1; R.S. 1923, 75-601; L. 1967, ch. 434, § 46; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-603 Account of receipts and disbursements.

75-603.
Account of receipts and disbursements.
The treasurer shall keep an accurate account of the receipts and disbursements of the treasury, in books kept for that purpose at the expense of the state, in which the treasurer shall specify the names of persons or officers from whom received or to whom paid, on what account the same is received or paid out, and the time of such receipt or payment.
History:
L. 1879, ch. 166, § 50; March 20; R.S. 1923, 75-603.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-604 Custody of moneys; deposit in banks.

75-604.
Custody of moneys; deposit in banks.
The treasurer shall be required to keep safely in the state treasury, without loaning, using, or depositing in banks or elsewhere, all public moneys of whatsoever character paid into such treasury, or otherwise and at any time placed in his or her possession and custody as state treasurer, until the same is ordered by the proper department or officer of the state government to be transferred or paid out according to law, and when such orders for the transfer or payment are received, faithfully and promptly to make the same as directed, and also to do and perform all other duties as state treasurer which may be imposed by law: Provided, That nothing in this act shall be so construed as to prohibit the state treasurer from depositing moneys in banks designated as state depositories in accordance with the act providing for state depositories.
History:
R.S. 1923, 75-604; December 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-606 Redemption of warrants; when funds exhausted; notice when funds available.

75-606.
Redemption of warrants; when funds exhausted; notice when funds available.
When any warrant shall be presented to the treasurer for redemption, and the funds appropriated for the purpose for which such warrant is issued are exhausted, the treasurer shall endorse thereon the date of its presentation, with the treasurer's signature thereto, and such warrant shall thereafter bear interest at a rate of interest not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009. Whenever there shall be funds in the treasury for the redemption of warrants so presented and endorsed, the treasurer shall give notice of the fact in the Kansas register, and at the expiration of 30 days after the date of such notice the interest on such warrants shall cease.
History:
L. 1879, ch. 166, § 53; L. 1903, ch. 53, § 1 (Special Session); R.S. 1923, 75-606; L. 1970, ch. 64, § 88; L. 1981, ch. 324, § 24; January 1, 1982.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-607 Deposit of warrants with director of accounts and reports.

75-607.
Deposit of warrants with director of accounts and reports.
The treasurer shall on the first Monday of March, June, September and December, annually, deposit in the office of the director of accounts and reports all warrants by him or her redeemed or received in payment at the treasury, and take the director of accounts and reports' receipt therefor.
History: L. 1879, ch. 166, § 54; March 20; R.S. 1923, 75-607.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-608 Reports.

75-608.
Reports.
The treasurer shall annually, make a separate annual report showing the state of the public accounts and the funds, the amounts by him or her received, the amount paid out during the next preceding year ending on the thirtieth of June, and the balance remaining in the treasury. Such report must show the financial condition of the treasury for such year.
History:
L. 1879, ch. 166, § 55; R.S. 1923, 75-608; L. 1943, ch. 269, § 18; L. 1968, ch. 143, § 1; L. 1969, ch. 310, § 56; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-609 Inspections by legislature and board of examination.

75-609.
Inspections by legislature and board of examination.
The treasurer shall as often as required submit the books, accounts, vouchers, and the funds of the treasury, to the inspection of the legislature, or any committee thereof appointed for that purpose, and to the board of examination.
History: L. 1879, ch. 166, § 56; March 20; R.S. 1923, 75-609.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-610 Delinquent county treasurers and debtors; suits by attorney general.

75-610.
Delinquent county treasurers and debtors; suits by attorney general.
It shall be the duty of the treasurer to call on all delinquent county treasurers, and all debtors of the state, to account for the moneys due the state from them or from their respective counties or districts; and if any county treasurer or other officer or person, when so called upon to so account, shall fail, neglect or refuse so to do, the state treasurer shall notify the attorney general of such failure, neglect or refusal, who shall immediately commence suit against them, or on their official bonds, if any, to recover the amount due.
History: L. 1879, ch. 166, § 57; March 20; R.S. 1923, 75-610.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-611 Civil actions against treasurer, when.

75-611.
Civil actions against treasurer, when.
If at any time it shall appear from the accounts of the state treasurer, or in any other way, that the state treasurer has not accounted for and paid over the public moneys of the state as directed by law, the state may proceed by civil action against the state treasurer and his or her sureties, in any court of competent jurisdiction.
History:
L. 1879, ch. 166, § 58; R.S. 1923, 75-611; L. 1974, ch. 364, § 13; January 13, 1975.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-619 Seal.

75-619.
Seal.
The treasurer shall have and keep a seal of office, with such device thereon as the executive council may deem most suitable.
History: L. 1879, ch. 166, § 66; March 20; R.S. 1923, 75-619.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-621 Receipts for money paid into treasury.

75-621.
Receipts for money paid into treasury.
When any money is paid into the treasury the treasurer is required to give to the person paying the same receipts in duplicate, stating the fund to which the money belongs, one of which must be delivered to the director of accounts and reports in order to obtain the proper credit; and the amount so paid shall be charged by the director of accounts and reports to the treasurer. When any money is paid into the state treasury by any county treasurer, a triplicate receipt for such amount shall be forthwith forwarded to the county clerk of such county by the state treasurer, and such county clerk shall file such receipt and credit the county treasurer with the amount thereof.
History: L. 1879, ch. 166, § 68; March 20; R.S. 1923, 75-621.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-622 Assistant state treasurer; oath; duties.

75-622.
Assistant state treasurer; oath; duties.
The treasurer shall appoint an assistant state treasurer, who, in the absence of the treasurer, may perform such acts as may be authorized by the state treasurer, except as to the duties of the state treasurer as a member of the pooled money investment board. The assistant state treasurer is hereby empowered to administer oaths pertaining to all matters relating to the business of the state treasurer's office, which person shall take the oath of office required of public officers, and the state treasurer shall be responsible for the acts of such person so designated. Such person shall have such power and authority so long as it shall be the will and pleasure of the state treasurer.
History:
R.S. 1923, 75-622; L. 1967, ch. 434, § 47; L. 1996, ch. 254, § 11; May 23.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-623 Assistants and employees.

75-623.
Assistants and employees.
The treasurer shall appoint such other assistants, clerks, bookkeepers, accountants and stenographers as may be authorized by law, each of which persons shall take the oath of office required of public officers. Such persons shall hold their offices at the will and pleasure of the state treasurer.
History: R.S. 1923, 75-623; L. 1967, ch. 434, § 48; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-623a Position vacancy, redesignation of position in unclassified service.

75-623a.
Position vacancy, redesignation of position in unclassified service.
(a) Whenever a classified position in the office of the state treasurer becomes vacant, the state treasurer is authorized to designate the position to be in the unclassified service under the Kansas civil service act.
(b) Nothing in this section shall affect the status of being in the classified service of any person employed in the office of state treasurer on the date immediately preceding the effective date of this act.
History:
L. 2000, ch. 18, § 1; March 30.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-628 State treasurer to review and make recommendations of cash management practices for state agencies; limitations.

75-628.
State treasurer to review and make recommendations of cash management practices for state agencies; limitations.
(a) The state treasurer is charged with the responsibility of reviewing and making recommendations for improvements in the procedures state agencies utilize for the efficient handling of cash and cash equivalents. The state treasurer or the treasurer's designee may provide cash management consultations with state agencies and shall develop a review program which will be an ongoing effort to ensure that optimum cash management practices are being employed by state agencies and that the cash management informational need of state agencies are being met. In performing cash management consultation services the following principles shall be followed: Education and assistance in cash management practices; full consideration of the operating needs of state agencies in evaluating and recommending procedure changes; and government-wide efficiency considerations relating to cash concentration.
(b) As used in this section, "state agency" shall have the meaning ascribed to such term under K.S.A. 75-3701 and amendments thereto.
(c) Nothing in this section shall be construed as affecting the current powers and duties of the director of accounts and reports or director of the budget.
History:
L. 1992, ch. 146, § 26; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-640 Postsecondary education savings program; legislative declaration and intent.

75-640.
Postsecondary education savings program; legislative declaration and intent.
The legislature hereby declares that the availability of improved access to and choice of higher education opportunities in this state will benefit the residents of the state and that the establishment of a postsecondary education savings program will assist residents in meeting the expenses incurred in availing themselves of higher education opportunities. Therefore, it is the intention of K.S.A. 75-640 to 75-648, and amendments thereto, to provide for development and administration of a postsecondary education savings program and to vest the state treasurer with powers to enable the treasurer to accomplish such purpose.
History:
L. 1999, ch. 154, § 11; May 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-641 Same; citation of act.

75-641.
Same; citation of act.
There is hereby established a postsecondary education savings program and such program shall be known and may be cited as the Kansas postsecondary education savings program. The program shall be implemented and become operational on July 1, 2000.
History:
L. 1999, ch. 154, § 12; May 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-642 Same; purpose.

75-642.
Same; purpose.
The purpose of the Kansas postsecondary education savings program is to authorize the establishment of family postsecondary education savings accounts and to provide guidelines for the maintenance of such accounts to:
(a) Enable residents of this state and other states to benefit from the tax incentive provided for qualified state tuition programs as defined in section 529 of the federal internal revenue code of 1986, as amended; and
(b) attract residents of this state to institutions of postsecondary education.
History:
L. 1999, ch. 154, § 13; May 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-644 Same; administration by state treasurer; authorities and responsibilities.

75-644.
Same; administration by state treasurer; authorities and responsibilities.
(a) The state treasurer shall implement and administer the program under the terms and conditions established by K.S.A. 75-640 to 75-648, and amendments thereto.
(b) In furtherance of such implementation and administration, the state treasurer shall have the authority and responsibility to:
(1) Develop and implement the program in a manner consistent with the provisions of K.S.A. 75-640 to 75-648, and amendments thereto, through adoption of rules and regulations;
(2) engage the services of consultants on a contract basis for rendering professional and technical assistance and advice;
(3) seek rulings and other guidance from the United States department of treasury and the federal internal revenue service relating to the program;
(4) make changes to the program required for the participants in the program to obtain the federal income tax benefits or treatment provided by section 529 of the federal internal revenue code of 1986, as amended, or any similar successor legislation;
(5) charge, impose and collect administrative fees and service charges in connection with any agreement, contract or transaction relating to the program;
(6) develop marketing plans and promotion material;
(7) establish the methods by which the funds held in accounts shall be dispersed;
(8) establish the method by which funds shall be allocated to pay for administrative costs;
(9) do all things necessary and proper to carry out the purposes of K.S.A. 75-640 to 75-648, and amendments thereto;
(10) adopt rules and regulations necessary to administer K.S.A. 75-640 to 75-648, and amendments thereto; and
(11) evaluate the Kansas postsecondary education savings program annually, and make a report thereon to the governor and legislature for the period.
History:
L. 1999, ch. 154, § 15; May 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-647 Same; rights and obligations construed.

75-647.
Same; rights and obligations construed.
(a) Nothing in K.S.A. 75-640 to 75-648, and amendments thereto, shall be construed to:
(1) Give any designated beneficiary any rights or legal interest with respect to an account unless the designated beneficiary is the account owner;
(2) guarantee that a designated beneficiary will be admitted to an institution of postsecondary education;
(3) create state residency for an individual merely because the individual is a designated beneficiary; or
(4) guarantee that amounts saved pursuant to the program will be sufficient to cover the qualified higher education expenses of a designated beneficiary.
(b) (1) Nothing in K.S.A. 75-640 to 75-648, and amendments thereto, shall create or be construed to create any obligation of the state treasurer, the state or any agency or instrumentality of the state to guarantee for the benefit of any account owner or designated beneficiary with respect to:
(A) The rate of interest or other return on any account; and
(B) the payment of interest or other return on any account.
(2) The state treasurer by rules and regulations shall provide that every contract, application, deposit slip or other similar document that may be used in connection with a contribution to an account clearly indicate that the account is not insured by the state and neither the principal deposited nor the investment return is guaranteed by the state.
History:
L. 1999, ch. 154, § 18; May 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-648 Same; trust fund established; expense fund established; disposition of moneys and interest; payment of expenses of administration.

75-648.
Same; trust fund established; expense fund established; disposition of moneys and interest; payment of expenses of administration.
(a) (1) The Kansas postsecondary education savings program trust fund is hereby established in the state treasury. Such savings trust fund shall consist of moneys deposited by depositors in accordance with this act, moneys acquired from governmental and private sources and state general fund appropriations, if any. All interest derived from the deposit and investment of moneys in such savings trust fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in such savings trust fund shall remain therein and not be credited or transferred to the state general fund or to any other fund.
(2) Except as provided in subsection (b), the state treasurer shall credit all moneys received in connection with the Kansas postsecondary education savings program to the Kansas postsecondary education savings program trust fund.
(b) (1) The Kansas postsecondary education savings expense fund is hereby established in the state treasury. The fund shall consist of moneys received from the Kansas postsecondary education savings program manager.
(2) All expenses incurred by the treasurer in developing and administering the postsecondary education savings program shall be payable from the Kansas postsecondary education savings expense fund.
History:
L. 1999, ch. 154, § 19; L. 2001, ch. 179, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-649 Payroll deductions for postsecondary education savings accounts.

75-649.
Payroll deductions for postsecondary education savings accounts.
The director of accounts and reports shall make payroll deductions from the salary and wages of state officers and employees for family postsecondary education savings accounts provided for in K.S.A. 75-464 [75-646], and amendments thereto, when authorized to make such deductions by the written, voluntary authorization of such officers and employees. No administrative fees or charges shall be assessed for costs incurred in making such deductions. Subject to the approval of the secretary of administration, the director of accounts and reports may prescribe procedures, limitations and conditions for making payroll deductions pursuant to this section.
History:
L. 2000, ch. 23, § 4; March 30.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-651 Legislative purpose and intent.

75-651. Legislative purpose and intent.
There is hereby established an enabling savings program that shall be known and may be cited as the Kansas ABLE savings program. The purpose of the Kansas ABLE savings program is to authorize the establishment of savings accounts empowering individuals with a disability and their families to save private funds to support the individual with a disability, obtain federal and state income tax benefits of a qualified ABLE program as defined in section 529A of the federal internal revenue code of 1986 and to provide guidelines for the maintenance of such accounts.
History:
L. 2015, ch. 33, § 9; L. 2022, ch. 26, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-652 Definitions.

75-652. Definitions.
As used in this act:
(a) "Account" or "ABLE savings account" means an individual savings account established in accordance with the provisions of this act.
(b) "Account owner" means the person who enters into an ABLE savings agreement pursuant to the provisions of this act. The account owner shall also be the designated beneficiary. A conservator, guardian or a person authorized by the treasurer through procedures established by the treasurer may act on behalf of a designated beneficiary of an account in accordance with procedures established by the treasurer.
(c) "Conservator" means a person appointed by the court pursuant to K.S.A. 59-3050 et seq., and amendments thereto.
(d) "Designated beneficiary" means a Kansas resident or a person authorized by the treasurer pursuant to K.S.A. 75-653, and amendments thereto, whose qualified disability expenses may be paid from the account. The designated beneficiary must be an eligible individual at the time the account is established.
(e) "Eligible individual" means the same as defined in section 529A of the federal internal revenue code of 1986, as amended.
(f) "Financial organization" means an organization authorized to do business in the state of Kansas and is:
(1) Licensed or chartered by the commissioner of insurance;
(2) licensed or chartered by the state bank commissioner;
(3) chartered by an agency of the federal government; or
(4) subject to the jurisdiction and regulation of the securities and exchange commission of the federal government.
(g) "Guardian" means a person appointed by the court pursuant to K.S.A. 59-3050 et seq., and amendments thereto.
(h) "Management contract" means the contract executed by the treasurer and a financial organization selected to act as a depository and manager of the program.
(i) "Member of the family" means the same as defined in section 529A of the federal internal revenue code of 1986, as amended.
(j) "Nonqualified withdrawal" means a withdrawal from an account which is not:
(1) A qualified withdrawal; or
(2) a rollover distribution.
(k) "Program" means the Kansas ABLE savings program established pursuant to this act.
(l) "Program manager" means a financial organization selected by the treasurer to act as a depository and manager of the program.
(m) "Qualified disability expense" means the same as defined in section 529A of the federal internal revenue code of 1986, as amended.
(n) "Qualified withdrawal" means a withdrawal from an account to pay the qualified disability expenses of the designated beneficiary of the account.
(o) "Rollover distribution" means a rollover distribution as defined in section 529A of the federal internal revenue code of 1986, as amended.
(p) "Savings agreement" means an agreement between the program manager or the treasurer and the account owner.
(q) "Secretary" means the secretary of the United States treasury.
(r) "Treasurer" means the state treasurer.
History:
L. 2015, ch. 33, § 10; L. 2022, ch. 26, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-653 Implementation and administration of program by state treasurer.

75-653. Implementation and administration of program by state treasurer.
(a) The treasurer shall implement and administer the program under the terms and conditions established by this act. In furtherance of such implementation and administration, the treasurer shall have the authority and responsibility to:
(1) Develop and implement the program in a manner consistent with the provisions of this act;
(2) engage the services of consultants on a contract basis for rendering professional and technical assistance and advice;
(3) seek rulings and other guidance from the secretary and the federal internal revenue service relating to the program;
(4) make changes to the program required for the participants in the program to obtain the federal and state income tax benefits or treatment provided by section 529A of the federal internal revenue code of 1986, as amended;
(5) charge, impose and collect administrative fees and service charges in connection with any agreement, contract or transaction relating to the program;
(6) develop marketing plans and promotion material;
(7) establish the methods by which the funds held in accounts shall be dispersed;
(8) establish the method by which funds shall be allocated to pay for administrative costs;
(9) do all things necessary and proper to carry out the purposes of this act;
(10) promulgate rules and regulations necessary to effectuate the provisions of this act;
(11) make an annual evaluation of the ABLE savings program and prepare an annual report of such evaluation to be provided to the governor, the senate and the house of representatives; and
(12) notify the secretary when an account has been opened for a designated beneficiary and submit other reports concerning the program required by the secretary.
(b) The treasurer may enter into agreements with other states to either allow Kansas residents to participate in a plan operated by another state or to allow residents of other states to participate in the Kansas ABLE program.
History:
L. 2015, ch. 33, § 11; L. 2022, ch. 26, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-656 Same; rights and obligations; rules and regulations.

75-656. Same; rights and obligations; rules and regulations.
(a) Nothing in this act shall create or be construed to create any obligation of the treasurer, the state or any agency or instrumentality of the state to guarantee for the benefit of any account owner or designated beneficiary with respect to the:
(1) Return of principal;
(2) rate of interest or other return on any account; or
(3) payment of interest or other return on any account.
(b) The treasurer may promulgate rules and regulations to provide that every contract, application or other similar document that may be used in connection with opening an account clearly indicates that the account is not insured by the state and that the principal deposited and the investment return are not guaranteed by the state.
History:
L. 2015, ch. 33, § 14; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 6 - State Treasurer › 75-657 Same; Kansas ABLE savings program trust fund established; disposition of moneys.

75-657. Same; Kansas ABLE savings program trust fund established; disposition of moneys.
(a) The Kansas ABLE savings program trust fund is hereby established in the state treasury. The fund shall be utilized if the treasurer elects to accept deposits from contributors rather than have deposits sent directly to the program manager. Such fund shall consist of any moneys deposited by contributors in accordance with this act which are not deposited directly with the program manager. All interest derived from the deposit and investment of moneys in such savings trust fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in such savings trust fund shall remain therein and not be credited or transferred to the state general fund or to any other fund.
(b) (1) The Kansas ABLE savings expense fund is hereby established in the state treasury. The fund shall consist of moneys received from the ABLE savings program manager, or any governmental or private grants and any state general fund appropriations, if any, for the program.
(2) All expenses incurred by the treasurer in developing and administering the ABLE savings program shall be payable from the Kansas ABLE savings expense fund.
History:
L. 2015, ch. 33, § 15; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7 - Attorney General › 75-701 Oath, filing.

75-701.
Oath, filing.
The attorney general before he or she enters upon the duties of office shall take and subscribe the oath required by law which shall be filed in the office of the secretary of state.
History:
L. 1879, ch. 166, § 70; R.S. 1923, 75-701; L. 1967, ch. 434, § 49; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7 - Attorney General › 75-702 Duties and responsibilities; authority to prosecute and defend.

75-702. Duties and responsibilities; authority to prosecute and defend.
(a) The attorney general shall appear for the state, and prosecute and defend any and all actions and proceedings, civil or criminal, in the Kansas supreme court, the Kansas court of appeals and in all federal courts, in which the state shall be interested or a party, and shall, when so appearing, control the state's prosecution or defense.
(b) The attorney general shall also, when required by the governor or either branch of the legislature, appear for the state and prosecute or defend, in any other court or before any officer, in any cause or matter, civil or criminal, in which this state may be a party or interested or when the constitutionality of any law of this state is at issue and when so directed shall seek final resolution of such issue in the supreme court of the state of Kansas.
(c) (1) The attorney general shall have authority to prosecute any matter related to a violation of K.S.A. 12-189 or 75-5133, and amendments thereto, related to unlawful acts when the offender is an officer or employee of a city or county.
(2) Notwithstanding any provision of law to the contrary, the attorney general shall have concurrent authority with any county or district attorney to prosecute theft as defined in K.S.A. 21-5801, and amendments thereto, a violation of the Kansas racketeer influenced and corrupt organizations act, K.S.A. 21-6327 et seq., and amendments thereto, or an attempt, conspiracy or criminal solicitation as defined in K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of such crimes that is part of an alleged course of criminal conduct that occurred in two or more counties.
History:
L. 1879, ch. 166, § 71; R.S. 1923, 75-702; L. 1975, ch. 431, § 1; L. 2005, ch. 110, § 9; L. 2013, ch. 89, § 2; L. 2023, ch. 94, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7 - Attorney General › 75-703 Prosecution on official bonds or contracts; civil and criminal actions.

75-703.
Prosecution on official bonds or contracts; civil and criminal actions.
The attorney general shall, at the request of the governor, secretary of state, state treasurer, or state board of education, prosecute any official bond or any contract in which the state is interested, upon a breach thereof, and prosecute or defend for the state all actions, civil or criminal, relating to any matter connected with their departments.
History:
L. 1879, ch. 166, § 72; R.S. 1923, 75-703; L. 1968, ch. 14, § 1; L. 1974, ch. 364, § 14; January 13, 1975.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7 - Attorney General › 75-704 Aid to county attorneys; opinions.

75-704.
Aid to county attorneys; opinions.
The attorney general shall consult with and advise county attorneys, when requested by them, in all matters pertaining to their official duties. The attorney general shall also, when required, give his or her opinion in writing, without fee, upon all questions of law submitted to him or her by the legislature, or either branch thereof, or by the governor, secretary of state, state treasurer, state board of education, or commissioner of insurance.
History: L. 1879, ch. 166, § 73; R.S. 1923, 75-704; L. 1968, ch. 14, § 2; L. 1974, ch. 364, § 15; January 13, 1975.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 7 - Attorney General › 75-704a Opinions; filing requirements; headings; synopsis.

75-704a.
Opinions; filing requirements; headings; synopsis.
From and after the effective date of this act the attorney general shall file with the state librarian one (1) copy of each written opinion rendered after said effective date by or under the authority of the attorney general.
The librarian shall then cause each copy of such opinions to be properly stamped with the words "Kansas state library" and placed in the reference and readers' services division of the state library.
In like manner, one (1) copy of each such opinion rendered after the effective date of this act shall be filed in the supreme court law library and the law libraries of the university of Kansas school of law and Washburn university law school in the custody of the law librarian within thirty (30) days after such opinions are rendered.
All opinions required to be filed under the provisions of this section, and amendments thereto, shall be given legal headings by the attorney general following the heading and chapter arrangement of the Kansas Statutes Annotated, except that in the event the Kansas Statutes Annotated do not have legal headings for areas of the law for any particular opinion, such title shall be assigned correct legal headings so as to follow the major legal subdivisions utilized in the recognized legal encyclopedias. A brief synopsis of each opinion shall be written by the attorney general to follow each title and each opinion shall be assigned a number for reference and indexing.
History:
L. 1973, ch. 344, § 1; L. 1974, ch. 135, § 14; L. 1976, ch. 372, § 2; L. 2005, ch. 149, § 1; July 1.