reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 70 - State Board Of Technical Professions › 74-7046 Liability of licensed professional surveyor.

74-7046. Liability of licensed professional surveyor.
(a) A professional surveyor, licensed pursuant to article 70 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, and such professional surveyor's authorized agents and employees may enter upon lands, waters and premises of a party who has not requested the survey when it is necessary for the purpose of making a survey. If the licensed professional surveyor has made a reasonable attempt to notify the person in possession, such entry shall not be deemed a trespass. Upon notice, such person in possession has the right to modify the time and other provisions of the professional surveyor's access upon notification to the surveyor, as long as such modifications do not unreasonably restrict completion of the survey. Nothing herein shall change the status of the licensed professional surveyor as an occupier of land.
(b) While conducting surveys, the licensed professional surveyor and such professional surveyor's authorized agents and employees shall carry proper identification as to such professional surveyor's licensure or employment and shall display such identification to anyone upon request.
(c) Neither the landowner nor the person in possession shall be liable for any injury or damage sustained by a licensed professional surveyor or such professional surveyor's authorized agents and employees entering upon such land, water or premises under the provisions of this section, except when such damages and injury were willfully or deliberately caused by the landowner or person in possession.
(d) Nothing in this section shall be construed to:
(1) Remove civil liability for actual damage to such lands, waters, premises, crops or personal property;
(2) give the licensed professional surveyor or such professional surveyor's authorized agents and employees the authority to enter any building or structure used as a residence or for storage; and
(3) remove civil or criminal liability for intentional acts of injury or for damages to the professional surveyor or authorized agents and employees.
History:
L. 2004, ch. 129, § 1; L. 2014, ch. 88, § 32; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 72 - Review Of Governmental Operations › 74-7283 Citation of act.

74-7283.
Citation of act.
This act shall be known and may be cited as the Kansas governmental operations accountability law or K-GOAL.
History:
L. 1992, ch. 116, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 72 - Review Of Governmental Operations › 74-7284 Declaration of purpose of state government and intention of act.

74-7284.
Declaration of purpose of state government and intention of act.
The legislature hereby declares that the purpose of state government is to keep secure the constitutional rights of Kansas citizens, to protect their health, safety and welfare, and to otherwise serve the public need in the most economically beneficial, operationally efficient, and cost effective manner possible. Therefore, it is the intention of K-GOAL to provide for a governmental operations accountability system under which the legislature may ensure accomplishment of the declared purpose of state government by periodically reviewing and evaluating the operations of selected state agencies or programs, determining the necessity, propriety and legality of the operations reviewed and evaluated, identifying inefficiency and ineffectiveness, and taking action to retain and maintain appropriate and effective governmental operations, remediate defective governmental operations, and terminate inappropriate or obsolete governmental operations.
History:
L. 1992, ch. 116, § 2; L. 2008, ch. 112, § 2; May 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 72 - Review Of Governmental Operations › 74-7287 Legislative review, evaluation and recommendations; public hearings on legality and propriety of agency or program operations.

74-7287.
Legislative review, evaluation and recommendations; public hearings on legality and propriety of agency or program operations.
The senate committee on ways and means, the house of representatives committee on appropriations, the legislative budget committee or the appropriate legislative standing committee or committees, as determined by the legislative coordinating council, shall review and evaluate the operations of the state agency or program subject to audit and evaluation under K-GOAL. The committee shall familiarize itself with the provisions of law by which the state agency or program acquired existence, the manner in which the state agency or program is supposed to be organized and how the state agency or program actually is organized, the powers granted to and the operations authorized to be performed by the state agency or program, what powers are being exercised and what operations are being performed by the state agency or program, and the manner in which the state agency or program is exercising its powers and performing its operations. The committee shall consider any performance audit conducted by the post auditor and the division of post audit under the direction of the legislative post audit committee pursuant to the provisions of K.S.A. 74-7285, and amendments thereto. During the course of the review and evaluation of the state agency or program and its operations, the committee shall hold a public hearing for the purpose of receiving testimony from the public, the involved state agency or program and its officers and employees, and other appropriate state officers and employees. In all such hearings, the involved state agency or program shall be held accountable for the legality and propriety of the operations under review and be responsible for producing evidence of the necessity for and extent of any changes in the organization, powers or operations of the state agency or program or in its enabling laws which would increase efficiency or effectiveness.
History:
L. 1992, ch. 116, § 5; L. 2008, ch. 112, § 4; May 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 72 - Review Of Governmental Operations › 74-72,122 Citation of act.

74-72,122. Citation of act.
K.S.A. 74-72,122 through 74-72,125, and amendments thereto, shall be known and may be cited as the Kansas taxpayer transparency act.
History:
L. 2008, ch. 112, § 5; L. 2014, ch. 86, § 6; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 72 - Review Of Governmental Operations › 74-72,125 Implementation of act; powers of the secretary of administration.

74-72,125.
Implementation of act; powers of the secretary of administration.
The secretary of administration shall implement the provisions of this act by policies and procedures.
History:
L. 2008, ch. 112, § 8; May 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7302 Compensation for crime victim's economic loss; when; adjustment.

74-7302.
Compensation for crime victim's economic loss; when; adjustment.
(a) Within the limits of appropriations therefor, the board shall award compensation for economic loss arising from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for compensation have been met.
(b) The board may adjust compensation so that the total amount of compensation granted in each fiscal year does not exceed the amount of money anticipated to be credited to the crime victim compensation fund during such year. An adjustment may include prorating or prioritizing such compensation based upon the anticipated funds.
History:
L. 1978, ch. 130, § 2; L. 1985, ch. 263, § 1; L. 1989, ch. 239, § 10; L. 2004, ch. 125, § 5; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7303 Crime victims compensation board; appointment; terms; chairperson; compensation and expenses.

74-7303.
Crime victims compensation board; appointment; terms; chairperson; compensation and expenses.
(a) There is hereby established in the executive department under the jurisdiction of the attorney general a crime victims compensation board, consisting of three members appointed by the attorney general, subject to confirmation by the senate as provided in K.S.A. 75-4315b and amendments thereto. Except as provided by K.S.A. 46-2601, no person appointed to the board shall exercise any power, duty or function as a member of the board until confirmed by the senate. No more than two members of the board shall be from the same political party. At least one member of the board shall be a person regularly admitted to practice law in this state. Except as provided by subsection (b), each member of the board shall be appointed for a term of four years and until a successor is appointed and confirmed. Upon the expiration of any term of office of any member, the attorney general shall appoint a qualified successor. In case of a vacancy on the board prior to the expiration of a term, the attorney general shall appoint a successor of like qualifications to fill the unexpired term.
(b) The terms of members who are serving on the board on the effective date of this act shall expire on March 15, of the year in which such member's term would have expired under the provisions of this section prior to amendment by this act. Thereafter, members shall be appointed for terms of four years and until their successors are appointed and confirmed.
(c) The attorney general shall designate a member of the board who is regularly admitted to practice law in this state to serve as chairperson at the pleasure of the attorney general. Members of the board shall receive compensation, subsistence allowances, mileage and expenses as provided by K.S.A. 75-3223 and amendments thereto.
History:
L. 1978, ch. 130, § 3; L. 1982, ch. 347, § 47; L. 1989, ch. 239, § 11; L. 1995, ch. 241, § 15; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7304 Powers and duties.

74-7304. Powers and duties.
In addition to the powers and duties specified elsewhere in this act, the board shall have the following powers and duties:
(a) The power to adopt by rule and regulation a description of the organization of the board, stating the general method and course of operation of the board;
(b) the power to adopt rules and regulations to carry out the provisions of this act, and the property crime restitution and compensation act, including rules for the allowance of attorney fees for representation of claimants; and to adopt rules and regulations providing for discovery proceedings, including medical examination, consistent with the provisions of this act relating thereto. Rules and regulations adopted by the board shall be statements of general applicability which implement, interpret or prescribe policy, or describe the procedure or practice requirements of the board;
(c) the duty to hear and determine all matters relating to claims for compensation, and the power to reinvestigate or reopen claims without regard to statutes of limitation or periods of prescription;
(d) the duty, if it would contribute to the function of the board, to subpoena witnesses and other prospective evidence, administer oaths or affirmations, conduct hearings and receive relevant, nonprivileged evidence; and
(e) the power to take notice of judicially recognizable facts and general, technical and scientific facts within their specialized knowledge.
History:
L. 1978, ch. 130, § 4; L. 1989, ch. 239, § 12; L. 1990, ch. 321, § 16; L. 2019, ch. 62, § 10; May 30.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7307 Disposition of claim, hearing; informal disposition.

74-7307.
Disposition of claim, hearing; informal disposition.
Claims for reparations shall be processed in accordance with the provisions of the Kansas administrative procedure act. Unless otherwise precluded by law, informal disposition may be made of a claim by stipulation, agreed settlement or consent order. A claim not so disposed of is a contested case. In a contested case, all parties shall be afforded an opportunity for hearing.
History:
L. 1978, ch. 130, § 7; L. 1988, ch. 356, § 295; July 1, 1989.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7309 Refusal to comply with order or assertion of unauthorized privilege, effect.

74-7309.
Refusal to comply with order or assertion of unauthorized privilege, effect.
If a person refuses to comply with an order under this act or asserts a privilege other than one arising from the attorney-client relationship to withhold or suppress evidence relevant to a claim, the board may make any just order, including denial of the claim, but may not find the person in contempt. If necessary to carry out any of its powers and duties, the board may petition the district court for an appropriate order, but the court may not find a person in contempt for refusal to submit to a medical or physical examination.
History:
L. 1978, ch. 130, § 9; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7310 Prosecution or conviction, effect; suspension of proceedings pending prosecution, when; tentative award.

74-7310.
Prosecution or conviction, effect; suspension of proceedings pending prosecution, when; tentative award.
An award may be made whether or not any person is prosecuted or convicted. Proof of conviction of a person whose acts give rise to a claim is conclusive evidence that the crime was committed, unless an application for rehearing, an appeal of the conviction or certiorari is pending, or a rehearing or new trial has been ordered. The board may suspend the proceedings pending disposition of a criminal prosecution that has been commenced or is imminent, but may make a tentative award under K.S.A. 74-7314.
History:
L. 1978, ch. 130, § 10; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7311 Attorney fees.

74-7311.
Attorney fees.
As part of any order, the board shall determine and award a reasonable attorney's fee, commensurate with services rendered, to be paid by the state to the attorney representing the claimant. Additional attorneys' fees may be awarded by a court in the event of review, and attorneys' fees may be denied on a finding that the claim or appeal is frivolous. Awards of attorneys' fees shall be in addition to awards of compensation and may be made whether or not compensation is awarded. It shall be unlawful for an attorney to contract for or receive any larger sum than the amount allowed pursuant to this section.
History:
L. 1978, ch. 130, § 11; L. 1989, ch. 239, § 16; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7312 State's subrogation rights; actions for damages; board's involvement; disposition of moneys recovered.

74-7312.
State's subrogation rights; actions for damages; board's involvement; disposition of moneys recovered.
(a) If compensation is awarded, the state shall be subrogated to all the claimant's rights to receive or recover benefits or advantages for economic loss for which, and only to the extent that, compensation is awarded, from a source which is or, if readily available to the victim or claimant would be, a collateral source.
(b) As a prerequisite to bringing an action to recover damages related to criminally injurious conduct upon which compensation is claimed or awarded, the claimant must give the board prior written notice of the proposed action. After receiving the notice, the board shall promptly: (1) Join in the action as a party plaintiff to recover compensation awarded; (2) require the claimant to bring the action in the claimant's individual name, as a trustee in behalf of the state, to recover compensation awarded; or (3) reserve its rights and do neither in the proposed action. If, as requested by the board, the action is brought by the claimant as trustee and the claimant recovers compensation awarded by the board, the claimant may deduct from the compensation recovered in behalf of the state the reasonable expenses, including attorney fees, allocable by the court for that recovery.
(c) If a judgment or verdict indicates separately economic loss and noneconomic detriment, payments on the judgment shall be allocated between them in proportion to the amounts indicated. In an action in a court of this state arising out of criminally injurious conduct, the judge, on timely motion, shall direct the jury to return a special verdict, indicating separately the award for noneconomic detriment, punitive damages, if any, and the award for economic loss.
(d) Any moneys received or recovered by or on behalf of the state pursuant to the provisions of this section, less any deductions allowable hereunder, shall be deposited in the state treasury and credited to the crime victims compensation fund.
History:
L. 1978, ch. 130, § 12; L. 1986, ch. 307, § 1; L. 1989, ch. 239, § 17; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7313 Compensation; method of payment; future economic loss; award not subject to process or assignable, exceptions.

74-7313.
Compensation; method of payment; future economic loss; award not subject to process or assignable, exceptions.
(a) The board may provide for the payment of an award in a lump sum or in installments. The portion of an award that equals the amount of economic loss accrued to the date when the award is made shall be paid in a lump sum. An award for allowable expense that would accrue after the date when the award is made shall not be paid in a lump sum. Except as otherwise provided in subsection (b), the portion of an award that is not to be paid in a lump sum shall be paid in installments.
(b) At the request of the claimant, the board may pay future economic loss, other than allowable expense, in a lump sum, but only upon a finding by the board that either:
(1) The award in a lump sum will promote the interests of the claimant; or
(2) the present value of all future economic loss, other than allowable expense, does not exceed $1,000.
(c) An award payable in installments for future economic loss may be made only for a period for which the board can reasonably determine future economic loss. An award payable in installments for future economic loss may be modified by the board upon its finding that a material and substantial change of circumstances has occurred.
(d) An award shall not be subject to execution, attachment, garnishment or other process, except that an award for allowable expense shall not be exempt from a claim of a creditor to the extent that the creditor has provided products, services or accommodations the costs of which are included in the award.
(e) An assignment or agreement to assign any right to compensation for loss accruing in the future is unenforceable, except (1) an assignment of any right to compensation for work loss to secure payment of maintenance or child support; or (2) an assignment of any right to compensation for allowable expense to the extent that the benefits are for the cost of products, services or accommodations necessitated by the injury or death on which the claim is based and are provided or to be provided by the assignee.
History:
L. 1978, ch. 130, § 13; L. 1982, ch. 152, § 27; L. 1989, ch. 239, § 18; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7314 Tentative award, when.

74-7314.
Tentative award, when.
If the board determines that the claimant will suffer financial hardship unless a tentative award is made, and it appears likely that a final award will be made, an amount may be paid to the claimant and shall be deducted from the final award, or shall be repaid by and recoverable from the claimant to the extent that it exceeds the final award.
History:
L. 1978, ch. 130, § 14; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7315 Board's action; reconsideration; judicial review.

74-7315.
Board's action; reconsideration; judicial review.
(a) The board, on its own motion or on request of the claimant, may reconsider a decision making or denying an award or determining its amount. The board shall reconsider, at least annually, every award upon which periodic payments are being made. An order on reconsideration of an award shall not require a refund of amounts previously paid, unless the award was obtained by fraud. The right of reconsideration does not affect the finality of a board decision for the purpose of judicial review.
(b) A final decision of the board shall be subject to judicial review on the filing of a petition by the claimant, the attorney general or the offender in accordance with the Kansas judicial review act.
History:
L. 1978, ch. 130, § 15; L. 1986, ch. 318, § 135; L. 2010, ch. 17, § 190; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7316 Annual report by board.

74-7316.
Annual report by board.
The board shall prepare and transmit annually to the governor and the legislature a report of its activities. Such report shall include a statistical summary of claims and awards made and denied.
History:
L. 1978, ch. 130, § 16; L. 1989, ch. 239, § 19; L. 1995, ch. 243, § 4; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7317 Crime victims compensation fund; use; receipt of moneys.

74-7317. Crime victims compensation fund; use; receipt of moneys.
(a) There is hereby established in the state treasury the crime victims compensation fund.
(b) Moneys in the crime victims compensation fund shall be used only for the payment of compensation pursuant to K.S.A. 74-7301 et seq., and amendments thereto, and for state operations of the board and the crime victims compensation division of the office of the attorney general created pursuant to K.S.A. 75-773, and amendments thereto. Payments from the fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the board and the attorney general or by a person or persons designated by the chairperson and the attorney general.
(c) The crime victims compensation board may apply for, receive and accept money from any source, including financial contributions from inmates as provided by K.S.A. 75-5211(b), and amendments thereto, for the purposes for which money in the crime victims compensation fund may be expended. Upon receipt of any such money, the chairperson of the board shall remit the entire amount 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 crime victims compensation fund.
History:
L. 1978, ch. 130, § 17; L. 1982, ch. 167, § 1; L. 1986, ch. 308, § 1; L. 1986, ch. 307, § 2; L. 1989, ch. 239, § 20; L. 2001, ch. 5, § 336; L. 2019, ch. 62, § 13; May 30.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7318 Application and construction of act.

74-7318.
Application and construction of act.
This act shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this act among those states which enact it.
History:
L. 1978, ch. 130, § 19; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7320 Same; deposit in escrow account, authorized uses.

74-7320. Same; deposit in escrow account, authorized uses.
Upon the receipt of any moneys pursuant to K.S.A. 74-7319, and amendments thereto, the crime victims compensation board shall deposit the entire amount in a separate escrow account to be used only as follows:
(a) Upon dismissal of charges against the accused person or upon acquittal of the accused person, the board shall promptly pay the entire amount to such person, or such person's representatives or assignees.
(b) Upon conviction of the accused person or if the accused person has already been convicted, the board shall promptly distribute the entire amount and any future moneys paid to the board under K.S.A. 74-7319, and amendments thereto, as follows:
(1) First, to pay any restitution ordered by the court or by the prisoner review board to be paid by the convicted person to the person directed by the court or prisoner review board;
(2) if any moneys remain after payment pursuant to subsection (b)(1), to repay any amount expended by the state board of indigents' defense services on behalf of the convicted person in defending prosecution for the crime, including appeals;
(3) if any moneys remain after payment pursuant to subsections (b)(1) and (2), to pay any court costs assessed against the convicted person in proceedings for prosecution for the crime, including appellate proceedings;
(4) if any moneys remain after payment pursuant to subsections (b)(1), (2) and (3), to pay compensation pursuant to K.S.A. 74-7321, and amendments thereto; and
(5) if any moneys remain after payment pursuant to subsections (b)(1), (2), (3) and (4), to pay crime victims compensation pursuant to K.S.A. 74-7301 through 74-7318, and amendments thereto, for which purpose such moneys shall be deposited in the state treasury and credited to the state general fund.
History:
L. 1986, ch. 306, § 3; L. 1987, ch. 313, § 1; L. 1989, ch. 239, § 22; L. 2012, ch. 16, § 28; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7321 Same; distribution as additional compensation; administration; rules and regulations.

74-7321. Same; distribution as additional compensation; administration; rules and regulations.
(a) When moneys are to be distributed pursuant to subsection (b) of K.S.A. 74-7320, and amendments thereto, the victim of the crime, and the victim's dependents, heirs, representatives or assignees, may apply to the crime victims compensation board for compensation for losses arising from the convicted person's crime. To the extent that moneys received by the board pursuant to K.S.A. 74-7319, and amendments thereto, are sufficient, such compensation shall be in an amount equal to the applicant's actual loss, as determined by the board, less any restitution paid pursuant to order of a court or order of the prisoner review board and any compensation paid by the crime victims compensation board pursuant to K.S.A. 74-7301 et seq., and amendments thereto. If moneys received by the board pursuant to K.S.A. 74-7319, and amendments thereto, are not sufficient to pay compensation as otherwise provided under this subsection (a), such moneys shall be prorated among all applicants eligible to receive compensation for losses arising from the convicted person's crime on the basis that the amount each applicant is entitled to receive under this subsection (a) bears to the total amount all such applicants would be entitled to receive under this subsection (a).
(b) The limitations provided by K.S.A. 74-7301 et seq., and amendments thereto, shall not apply to compensation paid pursuant to this section.
(c) The crime victims compensation board shall adopt such rules and regulations as necessary to administer the provisions of K.S.A. 74-7319, 74-7320 and 74-7321, and amendments thereto.
History:
L. 1986, ch. 306, § 4; L. 1987, ch. 313, § 2; L. 1989, ch. 239, § 23; L. 2012, ch. 16, § 29; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7331 Crime victims compensation board.

74-7331.
Crime victims compensation board.
(a) On July 1, 1989, the crime victims reparations board shall be and is hereby officially designated as the crime victims compensation board.
(b) On and after July 1, 1989, whenever the crime victims reparations board, or words of like effect, is referred to or designated by a statute, contract or other document, such reference shall mean and apply to the crime victims compensation board.
(c) Nothing in this act shall be construed as abolishing the crime victims reparations board or as reestablishing the same.
History:
L. 1989, ch. 239, § 26; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7332 Same; crime victims compensation fund.

74-7332.
Same; crime victims compensation fund.
(a) On July 1, 1989, the director of accounts and reports shall transfer all moneys in the crime victims reparations fund to the crime victims compensation fund. On July 1, 1989, all liabilities of the crime victims reparations fund are hereby imposed upon the crime victims compensation fund, and the crime victims reparations fund is hereby abolished.
(b) Whenever the crime victims reparations fund, or words of like effect, is referred to or designated by statute, contract or other document, such reference or designation shall mean and apply to the crime victims compensation fund.
History:
L. 1989, ch. 239, § 27; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7335 Victim of crime; notification of public hearing.

74-7335.
Victim of crime; notification of public hearing.
(a) The victim of a crime or the victim's family shall be notified of the right to be present at any public hearing or any juvenile offender proceeding concerning the accused or the convicted person or the respondent or the juvenile offender.
(b) The victim of a crime or the victim's family shall be notified of the right to be present at any proceeding or hearing where probation or parole is considered or granted by a judge whether or not a public hearing is conducted or required.
(c) As used in this section: (1) "Public hearing" means any court proceeding or administrative hearing which is open to the public and shall include but not be limited to the:
(A) Preliminary hearing;
(B) trial;
(C) sentencing;
(D) sentencing modification;
(E) public comment sessions, pursuant to K.S.A. 22-3717, and amendments thereto;
(F) expungement hearing; and
(G) granting of probation or parole by a judge.
(2) "Victim's family" means a spouse, surviving spouse, children, parents, legal guardian, siblings, stepparent or grandparents.
(3) "Juvenile offender proceedings" means any hearing concerning a juvenile pursuant to the revised Kansas juvenile justice code.
(d) The city, county or district attorney or municipal court clerk shall notify any victim of the crime who is alive and whose address is known to the city, county or district attorney or municipal court clerk or, if the victim is deceased, to the victim's family if the family's address is known to such attorney or clerk.
(e) Costs of transportation for the victim to appear shall be borne by the victim unless the appearance is required pursuant to a subpoena or other order of the court.
History:
L. 1989, ch. 239, § 30; L. 1993, ch. 246, § 2; L. 1995, ch. 243, § 7; L. 1996, ch. 229, § 125; L. 2006, ch. 169, § 121; January 1, 2007.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7336 Disposition of district court fines, penalties and forfeitures.

74-7336. Disposition of district court fines, penalties and forfeitures.
(a) Of the remittances of fines, penalties and forfeitures received from clerks of the district court, at least monthly, the state treasurer shall credit:
(1) 10.7% to the crime victims compensation fund;
(2) 2.19% to the crime victims assistance fund;
(3) 2.69% to the community alcoholism and intoxication programs fund;
(4) 7.48% to the department of corrections alcohol and drug abuse treatment fund;
(5) 0.16% to the boating fee fund;
(6) 0.11% to the children's advocacy center fund;
(7) 2.23% to the EMS revolving fund;
(8) 2.23% to the trauma fund;
(9) 2.23% to the traffic records enhancement fund;
(10) 4.31% to the criminal justice information system line fund;
(11) 2.2% to the seat belt safety fund; and
(12) the remainder of the remittances to the state general fund.
(b) The county treasurer shall deposit grant moneys as provided in subsection (a), from the crime victims assistance fund, to the credit of a special fund created for use by the county or district attorney in establishing and maintaining programs to aid witnesses and victims of crime.
History:
L. 1989, ch. 239, § 31; L. 1995, ch. 243, § 8; L. 2001, ch. 200, § 18; L. 2001, ch. 211, § 17; L. 2004, ch. 125, § 6; L. 2006, ch. 85, § 17; L. 2007, ch. 140, § 17; L. 2007, ch. 195, § 40; L. 2010, ch. 145, § 2; L. 2015, ch. 59, § 1; L. 2017, ch. 74, § 8; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7337 Victims rights coordinator; duties.

74-7337.
Victims rights coordinator; duties.
The attorney general shall appoint a victims rights coordinator. It shall be the duty of the victims rights coordinator to:
(a) Create, coordinate and assist in the operation of local victim-witness programs throughout the state;
(b) respond to a statewide victims rights telephone hotline;
(c) administer the Kansas crime victims assistance fund; and
(d) report to the legislature on or before February 1, 1996, regarding the use of moneys received from docket fees and credited to the crime victims assistance fund and the protection from abuse fund and recommendations for further assistance for programs receiving grants from such funds.
History:
L. 1989, ch. 239, § 32; L. 1994, ch. 335, § 11; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 73 - Crime Victims Compensation Board › 74-7338 Victim of crime; public comment sessions; notice.

74-7338.
Victim of crime; public comment sessions; notice.
(a) Notwithstanding the provisions of K.S.A. 74-7335 and amendments thereto, in the case of any inmate convicted of an off-grid felony or a class A felony, the secretary of corrections shall give written notice of the time and place of the public comment session pursuant to K.S.A. 22-3717 and amendments thereto for such inmate, at least one month preceding the public comment session, to any victim or the victim's family pursuant to subsection (b).
(b) Any victim, or a member of the victim's family of a crime, if such victim requests notice of the public comment session, shall give the secretary of corrections such victim's name and current address or the name and current address of the victim's family. It shall be the duty of the victim or the victim's family to provide the secretary with any change in name or address or change in the person to be notified pursuant to this section.
(c) The secretary of corrections shall keep a record of all victims and their current addresses or such victims' family and their current addresses, who give the secretary such victim or victims' family name pursuant to subsection (b), and shall update such record as notified by the victims or the victims' family. Such record shall be kept confidential and separate from all other records and shall not be available to the inmate or any other party other than the victim or the victim's family.
History:
L. 1991, ch. 94, § 2; L. 2002, ch. 163, § 7; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 75 - Behavioral Sciences Regulatory Board › 74-7503 Transfer of certain officers and employees to board; civil service and retirement rights preserved; transfer of records and property; disposition of conflicts.

74-7503.
Transfer of certain officers and employees to board; civil service and retirement rights preserved; transfer of records and property; disposition of conflicts.
(a) On July 1, 1980, officers and employees who were engaged prior to such date in the performance of powers, duties and functions of the boards designated in subsection (a) of K.S.A. 74-7502 or in assisting the secretary of social and rehabilitation services to carry out the provisions of K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, and who, in the opinion of the behavioral sciences regulatory board are necessary to perform the powers, duties and functions of the behavioral sciences regulatory board shall become officers and employees of the behavioral sciences regulatory board and shall retain all retirement benefits and all rights of civil service which such officer or employee had before July 1, 1980, and their service shall be deemed to have been continuous. All transfers and any abolishment of positions of personnel in the classified civil service shall be in accordance with civil service laws and rules and regulations.
(b) All books, records and other property of the boards designated in subsection (a) of K.S.A. 74-7502 and of the department of social and rehabilitation services maintained in the course of administering the provisions of K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, are hereby transferred to the behavioral sciences regulatory board on the effective date of this act.
(c) Whenever any conflict arises as to the proper disposition of any property or records as a result of any abolishment or transfer made under 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. 1980, ch. 242, § 3; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 75 - Behavioral Sciences Regulatory Board › 74-7504 Rights preserved in legal actions and proceedings.

74-7504.
Rights preserved in legal actions and proceedings.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any board designated in subsection (a) of K.S.A. 74-7502 or under the provisions of K.S.A. 75-5346 to 75-5361, inclusive, and amendments thereto, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the taking effect of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the behavioral sciences regulatory board.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History:
L. 1980, ch. 242, § 4; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 75 - Behavioral Sciences Regulatory Board › 74-7505 Abolition of fee funds; transfer of moneys and liabilities to behavioral sciences regulatory board fee fund.

74-7505.
Abolition of fee funds; transfer of moneys and liabilities to behavioral sciences regulatory board fee fund.
The psychologists fee fund, established by K.S.A. 1979 Supp. 74-5346, and the social work examiners fee fund, established by K.S.A. 1979 Supp. 75-5359, are hereby abolished. On the effective date of this act the director of accounts and reports shall transfer all moneys in such funds to the behavioral sciences regulatory board fee fund established by this act. On the effective date of this act, all liabilities of the psychologists fee fund, established by K.S.A. 1979 Supp. 74-5346, and the social work examiners fee fund, established by K.S.A. 1979 Supp. 75-5359, existing immediately prior to the effective date of this act are hereby transferred to and imposed on the behavioral sciences regulatory board fee fund.
History:
L. 1980, ch. 242, § 5; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 75 - Behavioral Sciences Regulatory Board › 74-7506 Disposition of moneys received; behavioral sciences regulatory board fee fund established; approval of expenditures.

74-7506. Disposition of moneys received; behavioral sciences regulatory board fee fund established; approval of expenditures.
The behavioral sciences regulatory board shall remit all moneys received by or for it from fees, charges or penalties 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. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the behavioral sciences regulatory board fee fund, which is hereby established. All expenditures from the behavioral sciences regulatory board 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 chairperson of the behavioral sciences regulatory board or by a person or persons designated by the chairperson.
History:
L. 1980, ch. 242, § 6; L. 2001, ch. 5, § 339; L. 2011, ch. 53, § 53; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 75 - Behavioral Sciences Regulatory Board › 74-7509 Existing certificates and licenses continued in effect.

74-7509.
Existing certificates and licenses continued in effect.
All licenses issued prior to the effective date of this act under K.S.A. 75-5340 to 75-5361, inclusive, and amendments thereto, shall continue in force and effect until the expiration thereof as provided immediately prior to the effective date of this act under the provisions of the act under which such license was issued. All certificates issued prior to the effective date of this act under the certification of psychologists act of the state of Kansas shall continue in force and effect until the expiration thereof as provided immediately prior to the effective date of this act under the provisions of the act under which such certificates were issued.
History:
L. 1980, ch. 242, § 26; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 75 - Behavioral Sciences Regulatory Board › 74-7510 Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions.

74-7510.
Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions.
(a) No person reporting to the behavioral sciences regulatory board in good faith and without malice any information such person may have relating to alleged incidents of malpractice, or the qualifications, fitness or character of, or disciplinary action taken against, a person licensed or registered by the board shall be subject to a civil action for damages as a result of reporting such information.
(b) Any state, regional or local association composed of persons licensed or registered to practice in a field governed by the behavioral sciences regulatory board and the individual members of any committee thereof, which in good faith and without malice investigates or communicates information pertaining to fitness or character of, or disciplinary action taken against, any licensee, registrant or certificate holder to the behavioral sciences regulatory board or to any committee or agent thereof, shall be immune from liability in any civil action that is based upon such investigation or transmittal or information if the investigation and communication was made in good faith and without malice and did not represent as true any matter not reasonably believed to be true.
History:
L. 1989, ch. 276, § 6; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 75 - Behavioral Sciences Regulatory Board › 74-7511 Fingerprinting of applicants to practice profession regulated by board; procedure; collection and disposition of fees.

74-7511. Fingerprinting of applicants to practice profession regulated by board; procedure; collection and disposition of fees.
(a) As part of an original application for or reinstatement of any license, registration, permit or certificate or in connection with any investigation of any holder of a license, registration, permit or certificate, the behavioral sciences regulatory board may require a person to be fingerprinted and submit to a state and national criminal history record check. The fingerprints shall be used to identify the person and to determine whether the person has a record of criminal history in this state or another jurisdiction. The behavioral sciences regulatory board is authorized to submit the fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a state and national criminal history record check. The behavioral sciences regulatory board may use the information obtained from fingerprinting and the criminal history for purposes of verifying the identification of the person and in the official determination of the qualifications and fitness of the person to be issued or to maintain a license, registration, permit or certificate.
(b) Local and state law enforcement officers and agencies shall assist the behavioral sciences regulatory board in the taking and processing of fingerprints of applicants for and holders of any license, registration, permit or certificate and shall release all records of adult convictions and nonconvictions and adult convictions or adjudications of another state or country to the behavioral sciences regulatory board.
(c) The behavioral sciences regulatory board may fix and collect a fee as may be required by the board in an amount equal to the cost of fingerprinting and the criminal history record check. Any moneys collected under this subsection shall be deposited in the state treasury and credited to the behavioral sciences regulatory board fee fund. The behavioral sciences regulatory board shall remit all moneys received by or for it from fees, charges or penalties 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 behavioral sciences regulatory board fee fund.
History:
L. 2016, ch. 92, § 34; July 1.