reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 37 - MOTOR VOTER › Section 7-37-1 - Voter registration; department of revenue; division of vehicles

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The voter
			 registration portion of the application for each motor vehicle driver's license
			 and nondriver identification card shall be either part of the division of
			 vehicles application or a separate form given to each applicant simultaneously
			 with the division of vehicles application.
(b) The voter registration portion of the
			 application for each motor vehicle driver's license and nondriver
			 identification card shall be approved by the secretary of state, and shall
			 comply with the requirements of
			 K.S.A.
			 25-2309, as amended.
(c) Each division of vehicles office shall
			 deliver within five days of receipt each voter registration and change of
			 address form received by the office to the county election officer in the
			 county where the division of vehicles office is located. The county election
			 officer shall forward each voter registration and change of address form from a
			 nonresident of the county to the appropriate county election officer within
			 five days of the county election officer's receipt.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 38 - NATIONAL VOTER REGISTRATION ACT › Section 7-38-1 - National voter registration act; systematic list maintenance; national change of address files

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Once each
			 calendar year, the chief state election official shall complete a check of the
			 United States postal service national change of address files using the list of
			 registered voters maintained in the state's central voter registration voter
			 database.
(b) If the county
			 election officer chooses to participate in the national change of address
			 program instead of conducting mass or targeted mailings, the chief state
			 election official shall send the name of each registered voter for whom records
			 from the national change of address files indicate a change of address to the
			 county election officer of the county where the voter is registered, as
			 indicated on the central voter registration database.
(c) A county election officer shall send a
			 confirmation mailing as prescribed by K.S.A. 25-2316c  and amendments thereto to
			 any registered voter for whom records from the national change of address files
			 indicate a change of address. The confirmation mailing shall be sent when the
			 county election officer receives the information described in subsection (b).
			 If the records indicate a change of address within the county where the voter
			 is registered, the county election officer shall change the voter's address to
			 the new address before sending the confirmation mailing.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 39 - UNIFORM PARTNERSHIP ACT › Section 7-39-1 - Uniform partnership act; filing fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The filing
			 fees for documents filed with the secretary of state pursuant to the uniform
			 partnership act shall be as follows:
(1)
			 Statement of partnership authority $20
(2) Statement of denial $20
(3) Statement of dissociation $20
(4) Statement of dissolution $20
(5) Statement of merger $20
(6) Statement of limited liability
			 partnership qualification $150
(7)
			 Statement of foreign limited liability partnership qualification $150
(8) Amendment to statement $20
(9) Cancellation of statement $20
(10) Any other statement for which
			 a fee is not prescribed $20
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 40 - REVISED KANSAS TRADEMARK ACT › Section 7-40-1 - Classification of goods and services under the revised Kansas trademark act

Current through Register Vol. 43, No. 28, July 11, 2024
The schedule of classes of goods and services for registration
				of trademarks and service marks with the secretary of state, pursuant to the
				revised Kansas trademark act, shall be the "international schedule of classes
				of goods and services," as published in
				37 C.F.R.
				6.1 on July 1, 1997, which is hereby adopted
				by reference.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Certificate"
			 means a computer-based record or electronic message that at a minimum meets the
			 following conditions:
(1) Identifies the
			 registered certification authority issuing the certificate;
(2) names or identifies a
			 subscriber;
(3) contains the public
			 key of the subscriber;
(4)
			 identifies the period of time during which the certificate is effective;
			 and
(5) is digitally signed by the
			 registered certification authority.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-2 - Original registration; renewal; expiration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each original registration or renewal
			 registration for a registered certification authority shall expire one year
			 from the date of issuance.
(b) Each
			 renewal application for registration shall be deemed timely if the registered
			 certification authority files a renewal application with the secretary of state
			 within 60 days before the date the original application or renewal application
			 otherwise will expire.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-3 - Registration forms

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each person, before performing the duties of a registered certification
			 authority, shall register with the secretary of state on forms prescribed by
			 the secretary of state.
(b)
			 Original applications, renewal applications, and other information may be
			 allowed by the secretary of state to be filed electronically.
(c) Each applicant for registered
			 certification authority shall file the following with the original application
			 or renewal application:
(1) A compliance
			 review with a report date within 90 days of the original application or renewal
			 application date;
(2) a copy of the
			 applicant's certification practice statement and CP;
(3) a nonrefundable original application or
			 renewal application fee of $1,000; and
(4) a good and sufficient surety bond,
			 certificate of insurance, or other evidence of financial security in the amount
			 of $100,000.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-4 - Evidence of financial security

Current through Register Vol. 43, No. 28, July 11, 2024
The evidence of financial security shall include, in addition
				to the requirements of
				K.S.A.
				16-1617 and amendments thereto, the
				following:
(a) The identity of the
			 insurer or the financial institution issuing the surety bond, certificate of
			 insurance, or irrevocable letter of credit, including the following
			 information:
(1) The name;
(2) the mailing address;
(3) the physical address; and
(4) the identification, by number or copy of
			 appropriate documentation, of the licensure or approval as a financial
			 institution or as an insurer in this state;
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-5 - Certification practice statement

Current through Register Vol. 43, No. 28, July 11, 2024
Each registered certification authority shall file with the
				secretary of state a certification practice statement as required by
				K.A.R.
				7-41-3. The statement shall declare the
				practices that the registered certification authority uses in issuing,
				suspending, revoking, and renewing certificates. The statement shall also
				include the following information:
(a)
			 If certificates are issued by security levels, the necessary criteria for each
			 certificate security level, including the methods of certificate applicant
			 identification applicable to each security level;
(b) disclosure of any warnings, liability
			 limitations, warranty disclaimers, and indemnity and hold harmless provisions,
			 if any, upon which the registered certification authority intends to
			 rely;
(c) disclosure of any and all
			 disclaimers and limitations on obligations, losses, or damages, if any, to be
			 asserted by the registered certification authority;
(d) a written description of all
			 representations from the certificate applicant required by the registered
			 certification authority relating to the certificate applicant's responsibility
			 to protect the private key; and
(e)
			 disclosure of any mandatory dispute resolution process, if any, including any
			 choice of forum and choice of law provisions.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-6 - Changes to information

Current through Register Vol. 43, No. 28, July 11, 2024
Each original applicant or renewal applicant for a registered
				certification authority shall notify the secretary of state about any change to
				its CP, CPS, or information contained in its original application or renewal
				application, as the CP, CPS, or information appears in the secretary of state's
				files, within 30 days of the effective date of the change.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-7 - Recordkeeping and retention of registered certification authority documents

Current through Register Vol. 43, No. 28, July 11, 2024
Each registered certification authority shall maintain
				documentation of compliance with the Kansas uniform electronic transactions act
				and this article. The documentation shall include evidence demonstrating that
				the registered certification authority has met the following
				requirements:
(a) Each registered
			 certification authority shall retain its records of the issuance, acceptance,
			 and any suspension or revocation of a certificate for a period of at least 10
			 years after the certificate is revoked or expires. The registered certification
			 authority shall retain custody of the records unless it ceases to act as a
			 registered certification authority.
(b) All records subject to this article shall
			 be in the English language.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-10 - Procedure upon discontinuance of registered certification authority business

Current through Register Vol. 43, No. 28, July 11, 2024
Each registered certification authority that discontinues
				providing registered certification authority services without making other
				arrangements for the preservation of the registered certification authority's
				records shall notify the secretary of state and the subscribers, in writing, of
				its discontinuance of business.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-11 - Recovery against financial security

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In order to recover against a registered
			 certification authority's surety bond, certificate of insurance, or other
			 evidence of financial security, the claimant shall meet the following
			 requirements:
(1) File a signed notice of the
			 claim with the secretary of state, providing the following information:
(A) The name and address of the
			 claimant;
(B) the amount
			 claimed;
(C) the grounds for the
			 qualified right to payment; and
(D)
			 the date of the occurrence forming the basis of the claim; and
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-12 - Reciprocity

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any registered
			 certification authority that is licensed, registered, or otherwise under the
			 statutory oversight of a governmental agency, as defined by the Kansas uniform
			 electronic transactions act and amendments thereto, may be registered as a
			 registered certification authority in Kansas if all of the following conditions
			 are met:
(1) The oversight of the governmental
			 agency is equal to or greater than the oversight required pursuant to the
			 Kansas uniform electronic transactions act and amendments thereto and this
			 article.
(2) The registered
			 certification authority submits to the secretary of state a written request for
			 registration and a copy of the license or registration issued by the
			 governmental agency.
(3) The
			 registered certification authority pays the $1,000 application fee.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-14 - State agency; compliance

Current through Register Vol. 43, No. 28, July 11, 2024
Each state agency offering or providing the option of using a
				digital signature to persons doing business with the state agency shall meet
				either of the following requirements:
(a)
(1)
			 Become an LRA by executing an agreement with the RA, as contained in the
			 appendices to the ITEC certificate policy; and
(2) perform the duties of an LRA in
			 accordance with the ITEC policy and these regulations; or
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-15 - Registration authority, local registration authority, and local registration authority's trusted partner; compliance

Current through Register Vol. 43, No. 28, July 11, 2024
Each RA, LRA, and LRA's trusted partner shall meet the
				following requirements:
(a) Comply
			 with these regulations and the ITEC certificate policy when administering any
			 certificate or the associated keys; and
(b) ensure that I and A procedures are
			 implemented in compliance with the requirements for certificate security levels
			 specified in the ITEC certificate policy.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-16 - Registration authority, local registration authority, and local registration authority's trusted partner; general responsibilities

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each RA, LRA, and LRA's trusted partner
			 shall perform that party's duties in a manner that meets the following
			 requirements:
(1) Complies with the ITEC
			 certificate policy;
(2) promotes a
			 cooperative relationship with registered CAs; and
(3) uses keys and certificates issued by a
			 registered CA only for authorized purposes.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-17 - Registration authority, local registration authority, and local registration authority's trusted partner; certification

Current through Register Vol. 43, No. 28, July 11, 2024
Each RA, LRA, and LRA's trusted partner shall certify on a form
				prescribed by the ITIMG that the RA, LRA, or LRA's trusted partner has secured
				an individual subscriber application from a certificate applicant and
				authenticated the certificate applicant's identity in compliance with the
				requirements for certificate security levels specified in the ITEC certificate
				policy when submitting certificate applicant information to an LRA, the RA, or
				a registered CA.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-30 - Identification and authentication; certificate security levels

Current through Register Vol. 43, No. 28, July 11, 2024
Each RA, LRA, and LRA's trusted partner shall ensure that the
				applicable requirements for certificate security levels specified in the ITEC
				certificate policy are met when conducting the I and A of a certificate
				applicant.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-32 - Agreements; registration authority; local registration authority; local registration authority's trusted partner; certificate applicant

Current through Register Vol. 43, No. 28, July 11, 2024
Each RA, LRA, LRA's trusted partner, and certificate applicant
				shall execute the agreements contained in the appendices of the ITEC
				certificate policy when contracting for certificate services. The agreements
				shall be executed before the issuance, administration, or use of the
				certificates.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-33 - Picture identification credentials

Current through Register Vol. 43, No. 28, July 11, 2024
Each facial image identification required by an RA, LRA, or
				LRA's trusted partner for the purpose of I and A shall meet the minimum
				acceptable standards used in the identification credentials specified in the
				ITEC certificate policy for certificate security levels.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-34 - Certificate; format and name

Current through Register Vol. 43, No. 28, July 11, 2024
Each certificate issued by a registered CA for use by a state
				agency pursuant to
				K.S.A.
				16-1605, and amendments thereto, shall be in
				the X.509 format and contain a distinguished name in compliance with the ITEC
				certificate policy.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 41 - KANSAS UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 7-41-35 - Registered certification authority; ITEC certificate policy

Current through Register Vol. 43, No. 28, July 11, 2024
Each person who performs the duties of a registered
				certification authority and issues certificates used by a state agency pursuant
				to K.S.A.
				16-1605, and amendments thereto, shall comply
				with the ITEC certificate policy.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 42 - CHARITABLE ORGANIZATIONS › Section 7-42-1 - Charitable organizations; registration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any
			 charitable organization required to register with the secretary of state may
			 use the unified registration statement (URS) prescribed by the multi-state
			 filer project in lieu of the secretary of state's registration form. The URS
			 shall include all information required by
			 K.S.A.
			 17-1763, and amendments thereto.
(b) Each charitable organization that
			 provides copies of its income tax returns to the secretary of state shall
			 include only those sections of the returns that are open for public inspection
			 and shall not include any list of contributor names.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 42 - CHARITABLE ORGANIZATIONS › Section 7-42-2 - Professional fund raisers; registration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 professional fund raiser that purposefully directs its fund raising efforts to
			 citizens of this state shall register with the secretary of state. The
			 application for registration shall include the following information:
(1) The legal name and any other names used
			 by the professional fund raiser;
(2) the address of the professional fund
			 raiser's principal place of business;
(3) the address, if any, of the professional
			 fund raiser's office or location in the state of Kansas;
(4) the type of organization: sole
			 proprietorship, corporation, partnership, or other business entity;
(5) the names and addresses of the officers,
			 directors, partners, members, or other persons holding management positions;
			 and
(6) the names of any other
			 states where the professional fund raiser is registered for charitable
			 solicitations.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 42 - CHARITABLE ORGANIZATIONS › Section 7-42-3 - Professional fund raisers; annual report

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 professional fund raiser shall file an annual report with the secretary of
			 state on or before July 31 each year, reflecting the professional fund raiser's
			 solicitation activities that occurred on and after July 1 of the previous year
			 through the following June 30. The annual report of each professional fund
			 raiser shall provide the following information:
(1) The legal name and any other names used
			 by the professional fund raiser;
(2) the address of the professional fund
			 raiser's principal place of business;
(3) the name and address of each charitable
			 organization for which the professional fund raiser solicited funds;
(4) a description of the fund raising methods
			 used by the professional fund raiser;
(5) the name, address, and registration
			 number of each professional solicitor employed by the professional fund raiser
			 and the name of each charitable organization for which the professional
			 solicitor solicited; and
(6)
			 financial information on each charitable organization for which the
			 professional fund raiser solicited, including the following:
(A) The gross receipts received for each
			 charitable organization;
(B) the
			 itemized expenses of the professional fund raiser;
(C) the net proceeds or revenue received by
			 the fund raiser for each charitable organization;
(D) the net proceeds given to the charitable
			 organization; and
(E) the fees or
			 profits given to the professional fund raiser.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 42 - CHARITABLE ORGANIZATIONS › Section 7-42-4 - Professional solicitors; registration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 application for registration as a professional solicitor shall provide the
			 following information:
(1) The name and
			 address of the professional solicitor;
(2) the name and address of the employing
			 professional fund raiser; and
(3)
			 a statement that the professional solicitor agrees to abide by the disclosure
			 requirements of
			 K.S.A.
			 17-1766, and amendments thereto.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 42 - CHARITABLE ORGANIZATIONS › Section 7-42-5 - Changes to registration

Current through Register Vol. 43, No. 28, July 11, 2024
Each registered charitable organization, professional fund
				raiser, and professional solicitor shall notify the secretary of state in
				writing of any material change in the registration that occurs after filing the
				registration. Each notice of change shall be filed within 30 days after the
				change occurs.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 43 - NOTARIES PUBLIC › Section 7-43-7 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
For purposes of this article of the secretary's regulations,
				each of the following terms shall have the meaning specified in this
				regulation:
(a) "Digital certificate"
			 has the meaning specified for "certificate" in
			 K.A.R.
			 7-41-1.
(b) "Notarial certificate" means the
			 certificate evidencing the performance of a notarial act.
(c) "Secretary" means secretary of
			 state.
(d) "Sole control" means
			 being in the direct physical custody of the notary public or safeguarded by the
			 notary public with a password or other secure means of
			 authentication.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 43 - NOTARIES PUBLIC › Section 7-43-8 - Notary public authorization with respect to notarial acts for electronic records and for remotely located individuals

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any notary public at any time during the
			 notary public's commission may notify the secretary that the notary public
			 intends to perform notarizations of electronic records or for remotely located
			 individuals. The notification shall be provided on forms prescribed by the
			 secretary along with the fee specified in
			 K.A.R.
			 7-43-11.
(b) Upon the notification and receipt of the
			 required fee, an authorization reflecting the notification to perform notarial
			 acts on electronic records or for remotely located individuals shall be
			 provided by the secretary.
(c) The
			 authorization to perform notarial acts on electronic records or for remotely
			 located individuals shall be concurrent with, and shall expire on the same date
			 as, the notary public's commission.
(d) Any notary public who is authorized to
			 perform notarial acts on electronic records or for remotely located individuals
			 may terminate the authorization at any time during the notary public's
			 commission by submitting to the secretary a form prescribed by the
			 secretary.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 43 - NOTARIES PUBLIC › Section 7-43-9 - Course of study and examination

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each notary
			 public who provides notification to the secretary that the individual intends
			 to perform notarizations of electronic records or notarizations for remotely
			 located individuals shall complete a course of study approved by the secretary
			 and shall be required to pass an examination approved by the secretary with at
			 least a minimum score that is specified at the beginning of the examination.
			 Any notary public may take the examination as many times as needed to achieve a
			 passing score.
(b) Each notary
			 public shall provide the secretary with proof of successful completion of the
			 examination as part of the notification to perform notarial acts on electronic
			 records or for remotely located individuals.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 43 - NOTARIES PUBLIC › Section 7-43-10 - Surety bond

Current through Register Vol. 43, No. 28, July 11, 2024
Each surety bond for a notary public shall be a commercial
				surety bond from an insurance company licensed to do business in Kansas. The
				surety bond shall be written for a term of four years, covering the dates of
				the notary public's commission.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 43 - NOTARIES PUBLIC › Section 7-43-11 - Fees to perform notarial acts with respect to electronic records and for remotely located individuals

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 applicant or notary public who provides notification to the secretary that the
			 individual intends to perform notarial acts with respect to electronic records
			 shall pay an information and services fee of $20.
(b) Each applicant or notary public who
			 provides notification to the secretary that the individual intends to perform
			 notarial acts for remotely located individuals
(continued)
shall pay an information and services fee of $20.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 43 - NOTARIES PUBLIC › Section 7-43-12 - Renewal of notary public commission

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any notary public commission may be
			 renewed in the manner and on the form used to file an initial application for a
			 notary commission, along with payment of the prescribed fees.
(b) Any application for renewal of a notary
			 public commission may be submitted to the secretary no sooner than 90 days
			 before the expiration of the notary public's commission. Upon the receipt of a
			 completed application and approval by the secretary, a notary commission shall
			 be issued to the applicant.
(c)
			 After the secretary approves the notary public commission renewal, if the
			 notary public intends to continue performing notarial acts on electronic
			 records or for remotely located individuals, the notary public shall submit a
			 notification and the fee pursuant to
			 K.A.R.
			 7-43-11.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 43 - NOTARIES PUBLIC › Section 7-43-13 - Stamping device; official stamp for a tangible record

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each notary
			 public's stamping device shall be retained under the notary public's sole
			 control. Each notary public who obtains a new stamping device for use on a
			 tangible record shall destroy or render unusable any previous stamping device,
			 if the previous stamping device will no longer be used. Nothing in this
			 subsection shall be construed to prohibit a notary public from using multiple
			 stamping devices. When replacing a stamping device that has been lost or
			 stolen, the notary public shall use a different style of official stamp to
			 ensure that the new official stamp looks different from the prior official
			 stamp.
(b) In addition to the
			 requirements of state law, each notary public's official stamp for a tangible
			 record shall provide a space for the notary public to record the notary
			 public's commission expiration date.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 43 - NOTARIES PUBLIC › Section 7-43-14 - Official stamp for an electronic record

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any notary public shall affix an official
			 stamp to a notarial certificate that is affixed to or logically associated with
			 the electronic record.
(b) When
			 affixed to an electronic record, the official stamp on a notarial certificate
			 shall be clear, legible, and photographically reproducible. An official stamp
			 shall not be required to be within a minimum or maximum size when
			 photographically reproduced on an electronic record. Each official stamp used
			 shall include the following:
(1) The notary
			 public's name exactly as indicated on the notary public's commission;
(2) the words "State of Kansas" and "Notary
			 Public";
(3) the notary public's
			 commission number; and
(4) the date
			 of expiration of the notary public's commission.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 43 - NOTARIES PUBLIC › Section 7-43-15 - Notary public's journal

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each notary public shall retain that
			 notary public's records of notarial acts in a journal under the notary public's
			 sole control.
(b) Each notary
			 public's records of notarial acts shall be capable of being produced in a
			 tangible medium when requested.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 43 - NOTARIES PUBLIC › Section 7-43-16 - Fee for performing a notarial act

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any notary
			 public may charge a fee for performing a notarial act with respect to a
			 tangible record or an electronic record or a notarial act for a remotely
			 located individual. If the notary public charges a fee, the notary public shall
			 ensure that all the following requirements are met:
(1) The fee shall be disclosed to the signer
			 and agreed to by the signer before the notarial act is performed.
(2) The fee shall be collected when the
			 notarial act is performed.
(3) The
			 fee shall be recorded in the notary public's journal.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 43 - NOTARIES PUBLIC › Section 7-43-18 - Standards for identity verification of a remotely located individual

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If
			 a notary public does not have personal knowledge of a remotely located
			 individual pursuant to K.S.A. 2022 Supp.
			 53-5a07(a) or
			 satisfactory evidence of the identity of a remotely located individual pursuant
			 to K.S.A. 2022 Supp.
			 53-5a07(b)(2) and
			 amendments thereto, the notary public shall obtain satisfactory evidence of the
			 identity of the remotely located individual through a multifactor
			 authentication procedure as follows:
(1)
			 Analyze the identification credential presented by the remotely located
			 individual against trusted third-person data sources using a process that
			 shall, at a minimum, meet the following requirements:
(A) Use public or private data sources to
			 confirm the validity of the identification credential;
(B) use automated software processes to aid
			 the notary public in verifying the identity of each remotely located
			 individual;
(C) require that the
			 identification credential pass an authenticity test, consistent with sound
			 commercial practices that use appropriate technologies to confirm the integrity
			 of visual, physical, or cryptographic security features; confirm that the
			 identification credential is not fraudulent or inappropriately modified; and
			 provide the results of the authenticity test to the notary public;
			 and
(D) use information held or
			 published by the issuing source or an authoritative source, as available and
			 consistent with sound commercial practices, to confirm the validity of personal
			 details and identification credential details; and
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 43 - NOTARIES PUBLIC › Section 7-43-19 - Security of records bearing a notarial certificate

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For each
			 tangible record, the notary public shall affix the notarial certificate
			 directly on the record to be notarized, except as provided in this
			 subsection.
(b) If a notarial
			 certificate cannot be affixed to a record to be notarized because the record
			 lacks adequate space for a notarial certificate, the notary public shall:
(1) provide the notarial certificate on a
			 separate page and attach the notarial certificate to the record by staple or
			 other secure method so that the removal of the record or notarial certificate
			 is discernible; and
(2) include in
			 the notarial certificate a description of the record to which the notarial
			 certificate is attached.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 43 - NOTARIES PUBLIC › Section 7-43-20 - Notarial acts for remotely located individuals

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any notary public may perform notarial
			 acts for remotely located individuals only after being authorized as a notary
			 public and notifying the secretary that the notary public will be performing
			 notarial acts for remotely located individuals.
(b) A notary public shall not perform a
			 notarial act for a remotely located individual if the notary public is not
			 physically located in Kansas at the time of the notarization.
(c) Upon performing a notarial act for a
			 remotely located individual, the notary public shall electronically attach a
			 notarial certificate to the document being notarized. Each notarial certificate
			 for a notarial act for a remotely located individual shall meet the following
			 requirements:
(1) State the name of the
			 remotely located individual;
(2)
			 provide the date the notarial act occurred;
(3) identify the state and county in which
			 the notarial act was performed;
(4)
			 include a description of the type of notarial act performed, which shall be
			 sufficient if the description is substantially similar to a short form
			 specified in
			 K.A.R.
			 7-43-17;
(5) include a statement regarding the use of
			 communication technology as specified in
			 K.A.R.
			 7-43-17; and
(6) contain the notary public's official
			 stamp that is attached to the record and signed by the notary public with the
			 notary public's digital certificate.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 43 - NOTARIES PUBLIC › Section 7-43-21 - Notarial acts for a remotely located individual; communication technology standards

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 communication technology standards for notarial acts performed for remotely
			 located individuals shall meet the following requirements, and the provider
			 shall submit evidence of compliance to the secretary under penalty of perjury:
(1) Provide for continuous, synchronous
			 audiovisual feeds of sufficient video resolution and audio clarity to enable
			 the notary public and the remotely located individual to see and speak with
			 each other;
(2) provide a means for
			 the notary public reasonably to confirm that the electronic record before the
			 notary public is the same record in which the remotely located individual made
			 a statement or on which the remotely located individual executed a
			 signature;
(3) utilize a means of
			 authentication that reasonably ensures that only the proper parties have access
			 to the audiovisual recording;
(4)
			 be capable of securely creating and storing or transmitting securely to be
			 stored the recording of the audiovisual communication;
(5) keep confidential the questions asked as
			 part of any identity proofing quiz and the means and methods used to generate
			 the results of the credential analysis; and
(6) provide reasonable security measures to
			 prevent unauthorized access to the following:
(A) The live transmission of the audiovisual
			 communication;
(B) the recording of
			 the audiovisual communication; and
(C) the electronic records presented for
			 electronic notarization.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 43 - NOTARIES PUBLIC › Section 7-43-22 - Notarial acts for remotely located individuals; providers of communication technology

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Any notary public authorized to perform
			 notarial acts for remotely located individuals may use a provider of
			 communication technology and identity proofing if the provider has submitted
			 evidence under penalty of perjury to the secretary and to the notary public
			 that the provider meets the requirements in
			 K.A.R.
			 7-43-18 and
			 7-43-19(b), in
			 addition to the following:
(A) Allowing the
			 notary public sole control of the journal entry and audiovisual recording of
			 the notarial act using audiovisual communication, subject to the authorized
			 access granted by the notary public; and
(B) providing the notary public with access
			 to the journal entry and audiovisual recording of the notarial act using
			 audiovisual communication technology.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 43 - NOTARIES PUBLIC › Section 7-43-23 - Record retention and repositories

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 journal shall be retained for at least 10 years after the last notarial act
			 chronicled in the journal. Each audiovisual recording shall be retained for at
			 least 10 years after the recording is made.
(b) Each notary public who maintains a notary
			 public journal in an electronic format shall meet the following requirements:
(1) Retain the journal and any audiovisual
			 recordings in a way that protects the journal and recordings against
			 unauthorized access by means of a password or other secure means; and
(2) take reasonable steps to ensure that a
			 backup of the journal and audiovisual recordings exists and is secure from
			 unauthorized use.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 43 - NOTARIES PUBLIC › Section 7-43-24 - Alleged complaints and errors by notaries public

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Any person may file a complaint, in
			 writing, against a notary public with the secretary.
(2) Each filed written complaint shall be
			 reviewed by the secretary to determine the validity of the complaint. If the
			 secretary determines the complaint to be valid, written notification outlining
			 the complaint and providing the notary public with 30 days from the date of the
			 notification to respond shall be provided by the secretary to the notary
			 public. If the secretary identifies an error in a notarization submitted to the
			 secretary's office, written notification outlining the error and providing the
			 notary public with 30 days from the date of the notification to respond shall
			 be provided by the secretary to the notary public.
(3) Each response provided by a notary public
			 shall be reviewed by the secretary before any action is taken regarding the
			 notary public's commission. Written notification shall be provided by the
			 secretary to the notary public, stating any action taken regarding the notary
			 public's commission as the result of a complaint received or error identified
			 by the secretary.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 44 - ADDRESS CONFIDENTIALTY PROGRAM › Section 7-44-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in this article, the following terms shall have the
				meanings specified in this regulation:
(a) "Chief law enforcement officer" means the
			 official head of a federal, state, or local law enforcement agency.
(b) "Commercial package" means a box or other
			 container shipped from a merchant to a program participant.
(c) "Enrolling assistant" means an individual
			 who processes address confidentiality program applications on behalf of an
			 enrolling agent.
(d) "Law
			 enforcement agency" means the federal bureau of investigation, the office of
			 the Kansas attorney general, the Kansas bureau of investigation, or any Kansas
			 police department or sheriff's department.
(e) "Local agency" means any department,
			 board, commission, officer, court, or authority of a county, city, township,
			 school district, or other tax-supported governmental subdivision of the state.
(f) "Official government mail"
			 means mail sent from the federal government, a state or local agency or court,
			 or any other tax-supported governmental subdivision.
(g) "State agency" means any state district
			 court or any department, board, commission, or authority of the executive
			 branch of state government.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 44 - ADDRESS CONFIDENTIALTY PROGRAM › Section 7-44-2 - Enrolling agent registration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 enrolling agent, as defined in
			 K.S.A.
			 75-452(f) and amendments
			 thereto, shall register with the secretary of state by providing the following
			 information on a form prescribed by the secretary of state:
(1) The name of the state agency or local
			 agency, law enforcement office, nonprofit agency, or other person that will
			 serve as the enrolling agent;
(2)
			 the names of the enrolling assistants who work or volunteer for the enrolling
			 agent;
(3) the address and other
			 contact information for the enrolling agent and, if different, for each
			 enrolling assistant;
(4) a
			 statement that program applications and copies of these applications will not
			 be kept by the enrolling agent;
(5) a statement that any information
			 collected, maintained, or shared in the address confidentiality program will
			 remain confidential; and
(6) the
			 signature of the enrolling agent under penalty of perjury asserting that all
			 information on the registration form is true.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 44 - ADDRESS CONFIDENTIALTY PROGRAM › Section 7-44-3 - Enrolling assistant training

Current through Register Vol. 43, No. 28, July 11, 2024
Each enrolling assistant identified on an enrolling agent's
				registration shall complete the training provided by the secretary of state
				within 60 days of the filing date of the enrolling agent's registration. Any
				enrolling assistant may be required to obtain additional training as prescribed
				by the secretary of state to administer the address confidentiality program.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 44 - ADDRESS CONFIDENTIALTY PROGRAM › Section 7-44-4 - Information released to law enforcement agencies

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each law
			 enforcement agency seeking the release of any record or information in a
			 program participant's file shall submit a written request on the agency's
			 letterhead. Each request shall include the following:
(1) The date of the request;
(2) the specific record or information
			 requested;
(3) the name of the
			 program participant; and
(4) the
			 signature of the agency's chief law enforcement officer.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 44 - ADDRESS CONFIDENTIALTY PROGRAM › Section 7-44-5 - Forwardable mail

Current through Register Vol. 43, No. 28, July 11, 2024
The mail forwarded by the secretary of state to each program
				participant, as defined in
				K.S.A.
				75-452(e) and amendments
				thereto, shall be forwarded to the program participant at a Kansas address and
				shall include first-class mail pursuant to
				K.S.A.
				75-455(c), and amendments
				thereto, and all official government mail. Commercial packages shall not be
				forwarded by the secretary of state to any program participant, unless the
				secretary of state approves the forwarding of this mail for good cause.
Kansas Administrative Regulations › Agency 7 - SECRETARY OF STATE › Article 44 - ADDRESS CONFIDENTIALTY PROGRAM › Section 7-44-6 - Renewal and cancellation of certification

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any program
			 participant may renew the participant's program certification for an additional
			 four years by filing an application with the secretary of state through an
			 enrolling agent pursuant to
			 K.S.A.
			 75-453, and amendments thereto, within 30
			 days before the date on which the participant's program certification will
			 expire.
(b) Any program
			 participant may cancel the participant's program certification by filing a
			 letter of cancellation with the secretary of state through an enrolling agent.