Reconciling multiple amendments to certain statutes.

HOUSE BILL No. 2029
AN ACT reconciling multiple amendments to certain statutes; amending K.S.A. 25-2020,
as amended by section 3 of 2026 Senate Bill No. 260, 31-133, as amended by section
6 of 2026 House Bill No. 2534, 38-2232, as amended by section 1 of 2025 House Bill
No. 2329, 38-2242, as amended by section 2 of 2025 House Bill No. 2329, 40-3402,
as amended by section 2 of 2025 House Bill No. 2068, 65-1119, as amended by
section 4 of 2026 House Bill No. 2528, and 71-1414, as amended by section 10 of
2026 Senate Bill No. 260, and K.S.A. 2025 Supp. 8-2110, as amended by section 1 of
2026 House Bill No. 2467, 21-5601, as amended by section 7 of 2026 House Bill No.
2479, 21-6804, as amended by section 4 of 2026 House Bill No. 2413, 22-2802, as
amended by section 4 of 2026 House Bill No. 2444, 22-4714, as amended by section
16 of 2026 House Bill No. 2466, 22-4714, as amended by section 5 of this act, 38-
2243, as amended by section 3 of 2025 House Bill No. 2329, 65-516, as amended by
section 5 of 2026 House Bill No. 2601, 72-3123, as amended by section 3 of 2025
House Bill No. 2320, 72-3262, as amended by section 4 of 2026 House Bill No.
2485, 72-3574, as amended by section 7 of 2026 House Bill No. 2534, 72-5170, as
amended by section 7 of 2026 House Bill No. 2299, 72-5178, as amended by section
1 of 2026 House Bill No. 2482, 72-5179, as amended by section 2 of 2026 House Bill
No. 2482, 77-421, as amended by section 12 of 2026 Senate Bill No. 459, 79-32,110,
79-32,121 and 82a-955, as amended by section 194 of 2026 House Bill No. 2513,
and repealing the existing sections; also repealing K.S.A. 25-2020, as amended by
section 4 of 2026 House Bill No. 2733, 31-133, as amended by section 1 of 2026
House Bill No. 2739, 38-2232, as amended by section 9 of 2026 Senate Bill No. 408,
38-2242, as amended by section 10 of 2026 Senate Bill No. 408, 40-3402, as
amended by section 1 of 2025 House Bill No. 2223, 40-3402, as amended by section
3 of 2026 House Bill No. 2509, 65-1119, as amended by section 1 of 2026 Senate
Bill No. 334, and 71-1414, as amended by section 6 of 2026 House Bill No. 2733,
and K.S.A. 2025 Supp. 8-2110, as amended by section 2 of 2025 House Bill No.
2393, 21-5601, as amended by section 2 of 2026 Senate Bill No. 408, 21-6804, as
amended by section 2 of 2026 House Bill No. 2444, 21-6804, as amended by section
4 of 2026 House Bill No. 2501, 22-2802, as amended by section 9 of 2026 House Bill
No. 2479, 22-4714, as amended by section 1 of 2026 Senate Bill No. 427, 22-4714,
as amended by section 2 of 2026 House Bill No. 2702, 38-2243, as amended by
section 11 of 2026 Senate Bill No. 408, 65-180a, 65-516, as amended by section 1 of
2026 House Bill No. 2524, 72-3123, as amended by section 4 of 2026 House Bill No.
2618, 72-3123, as amended by section 2 of 2026 Senate Bill No. 382, 72-3262, as
amended by section 5 of 2026 House Bill No. 2618, 72-3574, as amended by section
7 of 2026 House Bill No. 2618, 72-5170, as amended by section 9 of 2026 House Bill
No. 2618, 72-5178, as amended by section 10 of 2026 House Bill No. 2618, 72-5179,
as amended by section 11 of 2026 House Bill No. 2618, 72-5179, as amended by
section 3 of 2026 House Bill No. 2485, 77-421, as amended by section 8 of 2026
House Bill No. 2719, 79-32,110b, 79-32,121b and 82a-955, as amended by section 3
of 2026 House Bill No. 2462.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2025 Supp. 8-2110, as amended by section 1 of
2026 House Bill No. 2467, is hereby amended to read as follows: 8-
2110. (a) Failure to comply with a traffic citation means failure either
to: (1) Appear before any district or municipal court in response to a
traffic citation and pay any fine and court costs imposed as ordered by
the court; or (2) otherwise comply with a traffic citation as provided in
K.S.A. 8-2118, and amendments thereto. Failure to comply with a
traffic citation is a misdemeanor, regardless of the disposition of the
charge for which such citation was originally issued.
(b) (1) (A) In addition to penalties of law applicable under
subsection (a), when a person fails to comply with a traffic citation,
except for any violations provided in subparagraph (C), the district or
municipal court in which the person should have complied with the
citation shall mail notice to the person that if the person does not appear
in district or municipal court or pay fines, court costs and any penalties
as ordered by the court within 30 days from the date of mailing notice,
the division of vehicles will be notified to suspend the person's driving
privileges unless such person is eligible for restricted driving privileges
pursuant to subparagraph (B). If the person is eligible for restricted
driving privileges, the division of vehicles shall restrict such person's
driving privileges pursuant to the terms set forth in subparagraph (B).
The district or municipal court may charge an additional fee of $5 for
mailing such notice. Upon the person's failure to comply within such 30
days of mailing notice, the district or municipal court shall
electronically notify the division of vehicles unless the district or
municipal court has determined pursuant to a written order that the
person shall fulfill any requirements set forth by the court prior to the
suspension. Failure to abide by the terms of the order shall result in the
HOUSE BILL No. 2029—page 2
court notifying the division of vehicles that the person's license shall be
suspended for the failure to comply with a traffic citation. Upon receipt
of a report of a failure to comply with a traffic citation under this
subsection, pursuant to K.S.A. 8-255, and amendments thereto, the
division of vehicles shall notify the violator and suspend the license of
the violator until satisfactory evidence of substantial compliance with
the terms of the traffic citation has been furnished to the informing
court unless such person is eligible for restricted driving privileges
pursuant to subparagraph (B). If the person is eligible for restricted
driving privileges, the division of vehicles shall notify the violator that
the person's driving privileges are restricted pursuant to the terms set
forth in subparagraph (B). When the court determines the person is in
substantial compliance with the terms of the traffic citation, the court
shall immediately electronically notify the division of vehicles of such
compliance. Upon receipt of notification of such compliance from the
informing court, the division of vehicles shall terminate the restriction,
suspension or suspension action.
(B) (i) When restricted driving privileges are approved pursuant to
this subsection, the person's driving privileges shall be restricted to
driving only under the following circumstances:
(a) In going to or returning from the person's place of employment
or schooling;
(b) in the course of the person's employment;
(c) in going to or returning from an appointment with a healthcare
provider or during a medical emergency;
(d) in going to and returning from probation or parole meetings,
drug or alcohol counseling or any place the person is required to go by
a court;
(e) in going to or returning from dropping off or picking up one or
more children from school or child care;
(f) in going to or returning from purchasing groceries or fuel for
their vehicle; and
(g) in going to or returning from any religious worship service
held by a religious organization.
(ii) A person shall not qualify for restricted driving privileges
pursuant to this subparagraph if such person has been convicted for
driving with a canceled, suspended or revoked license more than three
times or if such person is suspended for reasons other than a failure to
comply with a traffic citation at the time of application. Restricted
driving privileges approved pursuant to this subparagraph shall remain
in effect for the lesser of time of either:
(a) 60 days from the date that the division of vehicles mails notice
to the person of the restricted driving privileges;
(b) the person enters into an agreement with the court regarding
the person's failure to comply; or
(c) the rescission of the restricted driving privileges by the
division of vehicles.
(iii) The division shall rescind restricted driving privileges for any
person authorized pursuant to this subparagraph if the person is found
guilty of:
(a) A violation resulting in a license suspension, revocation or
cancellation for reasons other than failure to comply with a traffic
citation; or
(b) operating a motor vehicle in violation of restrictions provided
in clause (i) two or more times.
(iv) A person operating a motor vehicle in violation of restrictions
provided in clause (i) shall be guilty of operating a vehicle in violation
of restrictions as provided in K.S.A. 8-291, and amendments thereto.
(C) (i) Violations of the following sections or violations of
substantially similar offenses under a city ordinance shall not provide
the basis for a violation of this section: K.S.A. 8-1513, 8-1532, 8-1534,
8-1536, 8-1537, 8-1538, 8-1543, 8-1569, 8-1571, 8-1572, 8-1573, 8-
1578, 8-1578a, 8-1583, 8-1585, 8-1586, 8-1588, 8-1589, 8-1590, 8-
HOUSE BILL No. 2029—page 3
1591, 8-1592, 8-15,102, 8-15,108, 8-15,113, 8-1744, 21-5607, 21-5810,
21-5815, 21-5816, 21-5817, 21-6203, 41-715, 41-727, 66-1330, 68-
2106, 75-4510a and 79-34,112, and amendments thereto.
(ii) The provisions of this subparagraph shall be construed and
applied retroactively. A person may petition the district or municipal
court in which the person should have complied with the citation that
led to a prior violation of this section. If the court determines that the
person committed an offense that does not provide the basis for a
violation of this section, as amended by this act, the court shall
immediately electronically notify the division of vehicles. Upon receipt
of such notification from the informing court, the division of vehicles
shall terminate any restriction, suspension or suspension action that
resulted from the prior violation of this section.
(2) (A) In lieu of suspension under paragraph (1), the driver may
submit to the division of vehicles a written request for restricted driving
privileges. The driver may apply and be eligible for restricted driving
privileges pursuant to this paragraph if such driver has previously been
approved for restricted driving privileges pursuant to paragraph (1).
(B) (i) A person whose driving privileges have been revoked
solely for driving a motor vehicle on any highway as defined in K.S.A.
8-1424, and amendments thereto, of this state at a time when such
person's privilege to do so was canceled, suspended or revoked for
failure to comply with a traffic citation pursuant to this section may
submit to the division of vehicles a written request for restricted driving
privileges. A person shall not qualify for restricted driving privileges
pursuant to this section if such person has been convicted for driving
with a canceled, suspended or revoked license more than three times or
if such person is suspended for reasons other than a failure to comply
with a traffic citation at the time of application. Restricted driving
privileges approved pursuant to this subparagraph shall remain in effect
unless otherwise rescinded for the lesser of time of either:
(a) The remainder of the period of time that such person's driving
privileges are revoked; or
(b) three years from the date when the restricted driving privileges
were approved.
(ii) The division shall rescind restricted driving privileges for any
person authorized pursuant to this subparagraph if the person is found
guilty of a violation resulting in a license suspension, revocation or
cancellation for reasons other than failure to comply with a traffic
citation.
(iii) A person operating a motor vehicle in violation of restrictions
provided in subparagraph (D) shall be guilty of operating a vehicle in
violation of restrictions as provided in K.S.A. 8-291, and amendments
thereto.
(C) A person whose driver's license has expired during the period
when such person's driver's license has been suspended for failure to
pay fines for traffic citations, the driver may submit to the division of
vehicles a written request for restricted driving privileges. A person
shall not qualify for restricted driving privileges pursuant to this section
unless the following conditions are met:
(i) The suspended license that expired was issued by the division
of vehicles;
(ii) the suspended license resulted from the individual's failure to
comply with a traffic citation pursuant to subsection (b)(1); and
(iii) the traffic citation that resulted in the failure to comply
pursuant to subsection (b)(1) was issued in this state.
(D) Upon review and approval of the driver's eligibility, the
driving privileges will be restricted by the division of vehicles until the
terms of the traffic citation have been substantially complied with and
the court shall immediately electronically notify the division of vehicles
of such compliance. If the driver fails to substantially comply with the
traffic citation, the driving privileges will be suspended by the division
of vehicles until the court determines the person has substantially
HOUSE BILL No. 2029—page 4
complied with the terms of the traffic citation and the court shall
immediately electronically notify the division of vehicles of such
substantial compliance. Upon receipt of notification of such compliance
from the informing court, the division of vehicles shall terminate the
suspension action. When restricted driving privileges are approved
pursuant to this section, the person's driving privileges shall be
restricted to driving only under the following circumstances:
(i) In going to or returning from the person's place of employment
or schooling;
(ii) in the course of the person's employment;
(iii) in going to or returning from an appointment with a health
care provider or during a medical emergency;
(iv) in going to and returning from probation or parole meetings,
drug or alcohol counseling or any place the person is required to go by
a court;
(v) in going to or returning from dropping off or picking up one or
more children from school or child care;
(vi) in going to or returning from purchasing groceries or fuel for
their vehicle; and
(vii) in going to or returning from any religious worship service
held by a religious organization.
(c) Except as provided in subsection (d), when the district or
municipal court notifies the division of vehicles of a failure to comply
with a traffic citation pursuant to subsection (b), the court shall assess a
reinstatement fee of $100. Such reinstatement fee shall be in addition to
any fine, restricted driving privilege application fee, district or
municipal court costs and other penalties. The court shall remit all
reinstatement fees 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 and shall credit the first $15 of such
reinstatement fee to the state general fund and of the remaining amount,
29.41% of such moneys to the division of vehicles operating fund,
22.06% to the community alcoholism and intoxication programs fund
created by K.S.A. 41-1126, and amendments thereto, 7.36% to the
juvenile alternatives to detention fund created by K.S.A. 79-4803, and
amendments thereto, and 41.17% to the state general fund.
(d) The district court or municipal court shall waive the
reinstatement fee provided for in subsection (c), if the failure to comply
with a traffic citation was the result of such person enlisting in or being
drafted into the armed services of the United States, being called into
service as a member of a reserve component of the military service of
the United States, or volunteering for such active duty, or being called
into service as a member of the state of Kansas national guard, or
volunteering for such active duty, and being absent from Kansas
because of such military service.
(e) (1) A person who is assessed a reinstatement fee pursuant to
subsection (c) may petition the court that assessed the fee at any time to
waive payment of the fee, any additional charge imposed pursuant to
subsection (f), or any portion thereof. If it appears to the satisfaction of
the court that payment of the amount due will impose manifest hardship
on the person or the person's immediate family, the court may waive
payment of all or part of the amount due or modify the method of
payment.
(2) A person who is assessed a fine or court costs for a traffic
citation may petition the court that assessed the fine or costs at any time
to waive payment of the fine or costs, or any portion thereof. If it
appears to the satisfaction of the court that payment of the amount due
will impose manifest hardship on the person or the person's immediate
family, the court may waive payment of all or part of the amount due or
modify the method of payment.
(3) The clerk of the district court and the clerk of the municipal
court shall make forms available to any person seeking to petition the
HOUSE BILL No. 2029—page 5
court to waive or reduce traffic fines, court costs or reinstatement fees.
(f) Except as provided further, the reinstatement fee established in
this section shall be the only fee collected or moneys in the nature of a
fee collected for such reinstatement. Such fee shall only be established
by an act of the legislature and no other authority is established by law
or otherwise to collect a fee. On and after July 1, 2019 2026, through
June 30, 2025 2030 , the supreme court may impose an additional
charge, not to exceed $22 per reinstatement fee, to fund the costs of
non-judicial personnel.
(g) (1) Prior to issuing an order pursuant to this section that
notifies the division of vehicles to restrict or suspend a person's driving
privileges, the court shall consider:
(A) Waiver or reduction of fees, fines and court costs and allowing
for payment plans for any fees, fines and court costs; and
(B) alternative requirements in lieu of restriction or suspension of
driving privileges, including, but not limited to, alcohol or drug
treatment or community service.
(2) Nothing in this subsection shall be construed to require the
court to make written findings or written payment plan orders.
(h) (1) Any conviction or sanction for a failure to comply pursuant
to this section shall not be considered by the district or municipal court
or the division of vehicles in determining suspended or restricted
driving privileges if such conviction or sanction is more than five years
old.
(2) The provisions of this subsection and the amendments made to
this subsection by this act shall be construed and applied retroactively.
(i) As used in this section, "substantial compliance" or
"substantially complied" means the person has followed the orders of
the court involving payments of fines, court costs and any penalties and
has not failed substantially in making payments or satisfying the terms
of the court order.
Sec. 2. K.S.A. 2025 Supp. 21-5601 , as amended by section 7 of
2026 House Bill No. 2479, is hereby amended to read as follows: 21-
5601. (a) Endangering a child is knowingly and unreasonably causing
or permitting a child under 18 years of age to be placed in a situation in
which the child's life, body or health may be endangered.
(b) Aggravated endangering a child is:
(1) Recklessly causing or permitting a child under 18 years of age
to be placed in a situation in which the child's life, body or health is
endangered;
(2) causing or permitting such child to be in an environment where
the person knows or reasonably should know that any person is
distributing, possessing with intent to distribute, manufacturing or
attempting to manufacture any methamphetamine or any fentanyl-
related controlled substance; or
(3) causing or permitting such child to be in an environment where
the person knows or reasonably should know that:
(A) Drug paraphernalia or volatile, toxic or flammable chemicals
are stored or used for the purpose of manufacturing or attempting to
manufacture any methamphetamine; or
(B) drug paraphernalia or toxic materials, compounds or mixtures
are stored or used for the purpose of manufacturing or attempting to
manufacture any fentanyl-related controlled substance.
(c) (1) Endangering a child is a:
(A) Class A person misdemeanor if the child is at least six years of
age but less than 18 years of age; and
(B) severity level 9, person felony if the child is less than six years
of age.
(2) Except as provided in subsection (c)(3), aggravated
endangering a child is a:
(A) Severity level 9, person felony if the child is at least six years
of age but less than 18 years of age; and
(B) severity level 8, person felony if the child is less than six years
HOUSE BILL No. 2029—page 6
of age.
(3) Aggravated endangering a child when bodily harm is inflicted
upon the child is a:
(A) Severity level 6, person felony if the child is at least six years
of age but less than 18 years of age; and
(B) severity level 5, person felony if the child is less than six years
of age.
(4) The sentence for a violation of aggravated endangering a child
shall be served consecutively to any other term or terms of
imprisonment imposed. Such sentence shall not be considered a
departure and shall not be subject to appeal.
(d) Nothing in subsection (a) shall be construed to mean a child is
endangered for the sole reason that the child's parent or guardian,:
(1) In good faith, selects and depends upon spiritual means alone
through prayer, in accordance with the tenets and practice of a
recognized church or religious denomination, for the treatment or cure
of disease or remedial care of such child; or
(2) permits or fails to prohibit a child from engaging in
independent activity as described in K.S.A. 38-2202, and amendments
thereto, unless such parent or guardian has knowingly or recklessly
disregarded an obvious danger to the child given the child's age,
maturity and physical or mental abilities.
(e) As used in this section:
(1) "Drug paraphernalia," "fentanyl-related controlled substance"
and "manufacture" mean the same as defined in K.S.A. 21-5701, and
amendments thereto; and
(2) "methamphetamine" means any substance designated in
K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or any analog
thereof.
Sec. 3. K.S.A. 2025 Supp. 21-6804, as amended by section 4 of
2026 House Bill No. 2413, is hereby amended to read as follows: 21-
6804. (a) The provisions of this section shall be applicable to the
sentencing guidelines grid for nondrug crimes. The following
sentencing guidelines grid shall be applicable to nondrug felony crimes:
HOUSE BILL No. 2029—page 7

HOUSE BILL No. 2029—page 8
(b) Sentences expressed in the sentencing guidelines grid for
nondrug crimes represent months of imprisonment.
(c) The sentencing guidelines grid is a two-dimensional crime
severity and criminal history classification tool. The grid's vertical axis
is the crime severity scale which classifies current crimes of conviction.
The grid's horizontal axis is the criminal history scale which classifies
criminal histories.
(d) The sentencing guidelines grid for nondrug crimes as provided
in this section defines presumptive punishments for felony convictions,
subject to the sentencing court's discretion to enter a departure
sentence. The appropriate punishment for a felony conviction should
depend on the severity of the crime of conviction when compared to all
other crimes and the offender's criminal history.
(e) (1) The sentencing court has discretion to sentence at any place
within the sentencing range. In the usual case it is recommended that
the sentencing judge select the center of the range and reserve the upper
and lower limits for aggravating and mitigating factors insufficient to
warrant a departure.
(2) In presumptive imprisonment cases, the sentencing court shall
pronounce the complete sentence which shall include the:
(A) Prison sentence;
(B) maximum potential reduction to such sentence as a result of
good time; and
(C) period of postrelease supervision at the sentencing hearing.
Failure to pronounce the period of postrelease supervision shall not
negate the existence of such period of postrelease supervision.
(3) In presumptive nonprison cases, the sentencing court shall
pronounce the:
(A) Prison sentence; and
(B) duration of the nonprison sanction at the sentencing hearing.
(f) Each grid block states the presumptive sentencing range for an
offender whose crime of conviction and criminal history place such
offender in that grid block. If an offense is classified in a grid block
below the dispositional line, the presumptive disposition shall be
nonimprisonment. If an offense is classified in a grid block above the
dispositional line, the presumptive disposition shall be imprisonment. If
an offense is classified in grid blocks 5-H, 5-I or 6-G, the court may
impose an optional nonprison sentence as provided in subsection (q).
(g) The sentence for a violation of K.S.A. 21-3415, prior to its
repeal, aggravated battery against a law enforcement officer committed
prior to July 1, 2006, or a violation of K.S.A. 21-5412(d), and
amendments thereto, aggravated assault against a law enforcement
officer, which places the defendant's sentence in grid block 6-H or 6-I
shall be presumed imprisonment. The court may impose an optional
nonprison sentence as provided in subsection (q).
(h) (1) When a firearm is used to commit any person felony, the
offender's sentence shall be presumed imprisonment. The court may
impose an optional nonprison sentence as provided in subsection (q).
(2) When a firearm is used to commit any nonperson felony, the
offender's sentence shall be one severity level above the appropriate
level for such offense if the trier of fact makes a finding beyond a
reasonable doubt that such firearm was:
(A) Equipped with a device designed to suppress the report of the
firearm; or
(B) a shotgun equipped with a forend and having a barrel less
than 18 inches in length.
(3) The sentence imposed pursuant to this subsection shall not be
considered a departure and shall not be subject to appeal.
(i) (1) The sentence for the violation of the felony provision of
K.S.A. 21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-
6416, and amendments thereto, shall be as provided by the specific
mandatory sentencing requirements of that section and shall not be
subject to the provisions of this section or K.S.A. 21-6807, and
HOUSE BILL No. 2029—page 9
amendments thereto.
(2) If because of the offender's criminal history classification the
offender is subject to presumptive imprisonment or if the judge departs
from a presumptive probation sentence and the offender is subject to
imprisonment, the provisions of this section and K.S.A. 21-6807, and
amendments thereto, shall apply and the offender shall not be subject to
the mandatory sentence as provided in K.S.A. 21-5823, and
amendments thereto.
(3) Notwithstanding the provisions of any other section, the term
of imprisonment imposed for the violation of the felony provision of
K.S.A. 21-5414(c)(1)(C), 21-5823(b)(3) and (b)(4), 21-6412 and 21-
6416, and amendments thereto, shall not be served in a state facility in
the custody of the secretary of corrections. Prior to imposing any
sentence pursuant to this subsection, the court may consider assigning
the defendant to a house arrest program pursuant to K.S.A. 21-6609,
and amendments thereto.
(j) (1) The sentence for any persistent sex offender whose current
convicted crime carries a presumptive term of imprisonment shall be
double the maximum duration of the presumptive imprisonment term.
The sentence for any persistent sex offender whose current conviction
carries a presumptive nonprison term shall be presumed imprisonment
and shall be double the maximum duration of the presumptive
imprisonment term.
(2) Except as otherwise provided in this subsection, as used in this
subsection, "persistent sex offender" means a person who:
(A) (i) Has been convicted in this state of a sexually violent crime,
as defined in K.S.A. 22-3717, and amendments thereto; and
(ii) at the time of the conviction under clause (i) has at least one
conviction for a sexually violent crime, as defined in K.S.A. 22-3717,
and amendments thereto, in this state or comparable felony under the
laws of another state, the federal government or a foreign government;
or
(B) (i) has been convicted of rape, as defined in K.S.A. 21-3502,
prior to its repeal, or K.S.A. 21-5503, and amendments thereto; and
(ii) at the time of the conviction under clause (i) has at least one
conviction for rape in this state or comparable felony under the laws of
another state, the federal government or a foreign government.
(3) Except as provided in subsection (j)(2)(B), the provisions of
this subsection shall not apply to any person whose current convicted
crime is a severity level 1 or 2 felony.
(k) (1) If it is shown at sentencing that the offender committed any
felony violation for the benefit of, at the direction of, or in association
with any criminal street gang, with the specific intent to promote,
further or assist in any criminal conduct by gang members, the
offender's sentence shall be presumed imprisonment. The court may
impose an optional nonprison sentence as provided in subsection (q).
(2) As used in this subsection, "criminal street gang" means any
organization, association or group of three or more persons, whether
formal or informal, having as one of its primary activities:
(A) The commission of one or more person felonies; or
(B) the commission of felony violations of article 57 of chapter 21
of the Kansas Statutes Annotated, and amendments thereto, K.S.A.
2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any
felony violation of any provision of the uniform controlled substances
act prior to July 1, 2009; and
(C) its members have a common name or common identifying
sign or symbol; and
(D) its members, individually or collectively, engage in or have
engaged in the commission, attempted commission, conspiracy to
commit or solicitation of two or more person felonies or felony
violations of article 57 of chapter 21 of the Kansas Statutes Annotated,
and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-
36a17, prior to their transfer, any felony violation of any provision of
HOUSE BILL No. 2029—page 10
the uniform controlled substances act prior to July 1, 2009, or any
substantially similar offense from another jurisdiction.
(l) Except as provided in subsection (o), the sentence for a
violation of K.S.A. 21-5807(a)(1), and amendments thereto, or any
attempt or conspiracy, as defined in K.S.A. 21-5301 and 21-5302, and
amendments thereto, to commit such offense, when such person being
sentenced has a prior conviction for a violation of K.S.A. 21-3715(a) or
(b), prior to its repeal, 21-3716, prior to its repeal, K.S.A. 21-5807(a)
(1) or (a)(2) or 21-5807(b), and amendments thereto, or any attempt or
conspiracy to commit such offense, shall be presumptive imprisonment.
(m) The sentence for a violation of K.S.A. 22-4903 or K.S.A. 21-
5913(a)(2), and amendments thereto, shall be presumptive
imprisonment. If an offense under such sections is classified in grid
blocks 5-E, 5-F, 5-G, 5-H or 5-I, the court may impose an optional
nonprison sentence as provided in subsection (q).
(n) The sentence for a violation of criminal deprivation of
property, as defined in K.S.A. 21-5803, and amendments thereto, when
such property is a motor vehicle, and when such person being
sentenced has any combination of two or more prior convictions of
K.S.A. 21-3705(b), prior to its repeal, or of criminal deprivation of
property, as defined in K.S.A. 21-5803, and amendments thereto, when
such property is a motor vehicle, shall be presumptive imprisonment.
Such sentence shall not be considered a departure and shall not be
subject to appeal.
(o) (1) The sentence for a felony violation of theft of property as
defined in K.S.A. 21-5801, and amendments thereto, or burglary as
defined in K.S.A. 21-5807(a), and amendments thereto, when such
person being sentenced has no prior convictions for a violation of
K.S.A. 21-3701 or 21-3715, prior to their repeal, or theft of property as
defined in K.S.A. 21-5801, and amendments thereto, or burglary as
defined in K.S.A. 21-5807(a), and amendments thereto; or the sentence
for a felony violation of theft of property as defined in K.S.A. 21-5801,
and amendments thereto, when such person being sentenced has one or
two prior felony convictions for a violation of K.S.A. 21-3701, 21-3715
or 21-3716, prior to their repeal, or theft of property as defined in
K.S.A. 21-5801, and amendments thereto, or burglary or aggravated
burglary as defined in K.S.A. 21-5807, and amendments thereto; or the
sentence for a felony violation of burglary as defined in K.S.A. 21-
5807(a), and amendments thereto, when such person being sentenced
has one prior felony conviction for a violation of K.S.A. 21-3701, 21-
3715 or 21-3716, prior to their repeal, or theft of property as defined in
K.S.A. 21-5801, and amendments thereto, or burglary or aggravated
burglary as defined in K.S.A. 21-5807, and amendments thereto, shall
be the sentence as provided by this section, except that the court may
order an optional nonprison sentence for a defendant to participate in a
drug treatment program, including, but not limited to, an approved
aftercare plan, if the court makes the following findings on the record:
(A) Substance abuse was an underlying factor in the commission
of the crime;
(B) substance abuse treatment in the community is likely to be
more effective than a prison term in reducing the risk of offender
recidivism; and
(C) participation in an intensive substance abuse treatment
program will serve community safety interests.
(2) A defendant sentenced to an optional nonprison sentence under
this subsection shall be supervised by community correctional services.
The provisions of K.S.A. 21-6824(f)(1), and amendments thereto, shall
apply to a defendant sentenced under this subsection. The sentence
under this subsection shall not be considered a departure and shall not
be subject to appeal.
(p) (1) The sentence for a felony violation of theft of property as
defined in K.S.A. 21-5801, and amendments thereto, when such person
being sentenced has any combination of three or more prior felony
HOUSE BILL No. 2029—page 11
convictions for violations of K.S.A. 21-3701, 21-3715 or 21-3716,
prior to their repeal, or theft of property as defined in K.S.A. 21-5801,
and amendments thereto, or burglary or aggravated burglary as defined
in K.S.A. 21-5807, and amendments thereto; or the sentence for a
violation of burglary as defined in K.S.A. 21-5807(a), and amendments
thereto, when such person being sentenced has any combination of two
or more prior convictions for violations of K.S.A. 21-3701, 21-3715
and 21-3716, prior to their repeal, or theft of property as defined in
K.S.A. 21-5801, and amendments thereto, or burglary or aggravated
burglary as defined in K.S.A. 21-5807, and amendments thereto, shall
be presumed imprisonment and the defendant shall be sentenced to
prison as provided by this section, except that the court may
recommend that an offender be placed in the custody of the secretary of
corrections, in a facility designated by the secretary to participate in an
intensive substance abuse treatment program, upon making the
following findings on the record:
(A) Substance abuse was an underlying factor in the commission
of the crime;
(B) substance abuse treatment with a possibility of an early release
from imprisonment is likely to be more effective than a prison term in
reducing the risk of offender recidivism; and
(C) participation in an intensive substance abuse treatment
program with the possibility of an early release from imprisonment will
serve community safety interests by promoting offender reformation.
(2) The intensive substance abuse treatment program shall be
determined by the secretary of corrections, but shall be for a period of
at least four months. Upon the successful completion of such intensive
treatment program, the offender shall be returned to the court and the
court may modify the sentence by directing that a less severe penalty be
imposed in lieu of that originally adjudged within statutory limits. If the
offender's term of imprisonment expires, the offender shall be placed
under the applicable period of postrelease supervision. The sentence
under this subsection shall not be considered a departure and shall not
be subject to appeal.
(q) (1) As used in this section, an "optional nonprison sentence" is
a sentence which the court may impose, in lieu of the presumptive
sentence, upon making the following findings on the record:
(A) An appropriate treatment program exists which is likely to be
more effective than the presumptive prison term in reducing the risk of
offender recidivism; and
(B) the recommended treatment program is available and the
offender can be admitted to such program within a reasonable period of
time; or
(C) the nonprison sanction will serve community safety interests
by promoting offender reformation.
(2) Any decision made by the court regarding the imposition of an
optional nonprison sentence shall not be considered a departure and
shall not be subject to appeal.
(r) The sentence for a violation of K.S.A. 21-5413(c)(2), and
amendments thereto, shall be presumptive imprisonment and shall be
served consecutively to any other term or terms of imprisonment
imposed. Such sentence shall not be considered a departure and shall
not be subject to appeal.
(s) The sentence for a violation of K.S.A. 21-5512, and
amendments thereto, shall be presumptive imprisonment. Such
sentence shall not be considered a departure and shall not be subject to
appeal.
(t) (1) If the trier of fact makes a finding beyond a reasonable
doubt that an offender wore or used ballistic resistant material in the
commission of, or attempt to commit, or flight from any felony, in
addition to the sentence imposed pursuant to the Kansas sentencing
guidelines act, the offender shall be sentenced to an additional 30
months' imprisonment.
HOUSE BILL No. 2029—page 12
(2) The sentence imposed pursuant to paragraph (1) shall be
presumptive imprisonment and shall be served consecutively to any
other term or terms of imprisonment imposed. Such sentence shall not
be considered a departure and shall not be subject to appeal.
(3) As used in this subsection, "ballistic resistant material" means
any:
(A) Commercially produced material designed with the purpose of
providing ballistic and trauma protection, including, but not limited to,
bulletproof vests and kevlar vests; and
(B) homemade or fabricated substance or item designed with the
purpose of providing ballistic and trauma protection.
(u) The sentence for a violation of K.S.A. 21-6107, and
amendments thereto, or any attempt or conspiracy, as defined in K.S.A.
21-5301 and 21-5302, and amendments thereto, to commit such
offense, when such person being sentenced has a prior conviction for a
violation of K.S.A. 21-4018, prior to its repeal, or K.S.A. 21-6107, and
amendments thereto, or any attempt or conspiracy to commit such
offense, shall be presumptive imprisonment. Such sentence shall not be
considered a departure and shall not be subject to appeal.
(v) The sentence for a third or subsequent violation of K.S.A. 8-
1568, and amendments thereto, shall be presumptive imprisonment and
shall be served consecutively to any other term or terms of
imprisonment imposed. Such sentence shall not be considered a
departure and shall not be subject to appeal.
(w) The sentence for aggravated criminal damage to property as
defined in K.S.A. 21-5813(b), and amendments thereto, when such
person being sentenced has a prior conviction for any nonperson felony
shall be presumptive imprisonment. Such sentence shall not be
considered a departure and shall not be subject to appeal.
(x) The sentence for a violation of K.S.A. 21-5807(a)(1), and
amendments thereto, shall be presumptive imprisonment if the offense
under such paragraph is classified in grid blocks 7-C, 7-D or 7-E. Such
sentence shall not be considered a departure and shall not be subject to
appeal.
(y) (1) Except as provided in paragraph (3), if the trier of fact
makes a finding beyond a reasonable doubt that an offender committed
a nondrug felony offense, or any attempt or conspiracy, as defined in
K.S.A. 21-5301 and 21-5302, and amendments thereto, to commit a
nondrug felony offense, against a law enforcement officer, as defined in
K.S.A. 21-5111(p)(1) and (3), and amendments thereto, while such
officer was engaged in the performance of such officer's duty, or in
whole or in any part because of such officer's status as a law
enforcement officer, the sentence for such offense shall be:
(A) If such offense is classified in severity level 2 through 10, one
severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as
otherwise provided in clause (ii), imprisonment for life, and such
offender shall not be eligible for probation or suspension, modification
or reduction of sentence. In addition, such offender shall not be eligible
for parole prior to serving 25 years' imprisonment, and such 25 years'
imprisonment shall not be reduced by the application of good time
credits. No other sentence shall be permitted.
(ii) The provisions of clause (i) requiring the court to impose a
mandatory minimum term of imprisonment of 25 years shall not apply
if the court finds the offender, because of the offender's criminal history
classification, is subject to presumptive imprisonment and the
sentencing range exceeds 300 months. In such case, the offender is
required to serve a mandatory minimum term equal to the sentence
established pursuant to the sentencing range.
(2) The sentence imposed pursuant to paragraph (1) shall not be
considered a departure and shall not be subject to appeal.
(3) The provisions of this subsection shall not apply to an offense
described in paragraph (1) if the factual aspect concerning a law
HOUSE BILL No. 2029—page 13
enforcement officer is a statutory element of such offense.
(z) (1) Notwithstanding K.S.A. 21-5109(b)(2), and amendments
thereto, or any other provision of law to the contrary, the sentence for a
violation of criminal possession of a weapon by a convicted felon as
defined in K.S.A. 21-6304, and amendments thereto, shall be
presumptive imprisonment and shall be served consecutively to any
other term or terms of imprisonment imposed if the trier of fact makes a
finding beyond a reasonable doubt that:
(A) The weapon the offender possessed during such violation was
a firearm; and
(B) such firearm was used by the offender during the commission
of any violent felony.
(2) The sentence imposed pursuant to paragraph (1) shall not be
considered a departure and shall not be subject to appeal. No other
sentence shall be permitted.
(3) The provisions of this subsection shall not apply to an offender
who is prohibited from possessing a weapon pursuant to K.S.A. 21-
6304, and amendments thereto, as a result of a juvenile adjudication.
(4) As used in this subsection, "violent felony" means any of the
following:
(A) Capital murder, as defined in K.S.A. 21-5401, and
amendments thereto;
(B) murder in the first degree, as defined in K.S.A. 21-5402, and
amendments thereto;
(C) murder in the second degree, as defined in K.S.A. 21-5403,
and amendments thereto;
(D) voluntary manslaughter, as defined in K.S.A. 21-5404, and
amendments thereto;
(E) kidnapping, as defined in K.S.A. 21-5408(a)(1), and
amendments thereto, or aggravated kidnapping, as defined in K.S.A.
21-5408(b), and amendments thereto;
(F) aggravated assault, as defined in K.S.A. 21-5412(b)(1), and
amendments thereto, and aggravated assault of a law enforcement
officer, as defined in K.S.A. 21-5412(d)(1), and amendments thereto;
(G) aggravated battery, as defined in K.S.A. 21-5413(b)(1)(A) or
(b)(1)(B), and amendments thereto, and aggravated battery against a
law enforcement officer, as defined in K.S.A. 21-5413(d)(1) or (d)(2),
and amendments thereto;
(H) mistreatment of a dependent adult or mistreatment of an elder
person, as defined in K.S.A. 21-5417(a)(1), and amendments thereto;
(I) rape, as defined in K.S.A. 21-5503, and amendments thereto;
(J) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b),
and amendments thereto;
(K) abuse of a child, as defined in K.S.A. 21-5602(a)(1) or (a)(3),
and amendments thereto;
(L) any felony offense described in K.S.A. 21-5703 or 21-5705,
and amendments thereto;
(M) treason, as defined in K.S.A. 21-5901, and amendments
thereto;
(N) criminal discharge of a firearm, as defined in K.S.A. 21-
6308(a)(1), and amendments thereto;
(O) fleeing or attempting to elude a police officer, as defined in
K.S.A. 8-1568(b), and amendments thereto;
(P) any felony that includes the domestic violence designation
pursuant to K.S.A. 22-4616, and amendments thereto; or
(Q) any attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-5301, 21-5302 and 21-5303, and amendments thereto, of any
felony offense defined in this subsection.
(aa) (1) The sentence for a violation of K.S.A. 21-6308(a)(1)(A)
or (a)(1)(B), and amendments thereto, if the trier of fact makes a
finding beyond a reasonable doubt that the offender discharged a
firearm and that the offender knew or reasonably should have known
that:
HOUSE BILL No. 2029—page 14
(A) A person was present in the dwelling, building, structure or
motor vehicle at which the offender discharged a firearm, shall be
presumptive imprisonment and, in addition to the sentence imposed
pursuant to the Kansas sentencing guidelines act, the offender shall be
sentenced to an additional 60 months of imprisonment; and
(B) a person less than 14 years of age was present in the dwelling,
building, structure or motor vehicle at which the offender discharged a
firearm, shall be presumptive imprisonment and, in addition to the
sentence imposed pursuant to the Kansas sentencing guidelines act, the
offender shall be sentenced to an additional 120 months of
imprisonment.
(2) The sentence imposed pursuant to paragraph (1) shall be
served consecutively to any other term or terms of imprisonment
imposed. Such sentence shall not be considered a departure and shall
not be subject to appeal.
(bb) (1) If the trier of fact makes a finding beyond a reasonable
doubt that an offender committed any act described in K.S.A. 21-5408,
21-5409, 21-5411, 21-5412, 21-5413, 21-5414, 21-5415, 21-5426, 21-
5427, 215428, 21-5429, 21-5503, 21-5504, 21-5505, 21-5506, 21-5507,
21-5508, 21-5509, 21-5510, 21-5515, 21-5601, 21-5602, 21-5604 or
21-5605, and amendments thereto, or any attempt or conspiracy as
defined in K.S.A. 21-5301 and 21-5302, and amendments thereto, to
commit any such act with knowledge that a woman is pregnant and
with the intent that such act will compel such woman to obtain an
abortion when such woman has expressed her desire to not obtain an
abortion, the sentence for such offense shall be:
(A) If such offense is classified in severity level 2 through 10, one
severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as
otherwise provided in clause (ii), imprisonment for life, and such
offender shall not be eligible for probation or suspension, modification
or reduction of sentence. In addition, such offender shall not be eligible
for parole prior to serving 25 years' imprisonment, and such 25 years'
imprisonment shall not be reduced by the application of good time
credits. No other sentence shall be permitted.
(ii) The provisions of clause (i) requiring the court to impose a
mandatory minimum term of imprisonment of 25 years shall not apply
if the court finds the offender, because of the offender's criminal history
classification, is subject to presumptive imprisonment and the
sentencing range exceeds 300 months. In such case, the offender is
required to serve a mandatory minimum term equal to the sentence
established pursuant to the sentencing range.
(2) The sentence imposed pursuant to paragraph (1) shall not be
considered a departure and shall not be subject to appeal.
(cc) (1) If the trier of fact makes a finding beyond a reasonable
doubt that an offender committed any offense or any attempt or
conspiracy as defined in K.S.A. 21-5301 and 21-5302, and
amendments thereto, to commit any offense with the intent to commit
transnational repression as described in section 1(d) of 2026 House Bill
No. 2413, and amendments thereto, the sentence for such offense shall
be:
(A) If such offense is classified in severity level 2 through 10, one
severity level above the appropriate level for such offense; and
(B) (i) if such offense is classified in severity level 1, except as
otherwise provided in clause (ii), imprisonment for life, and such
offender shall not be eligible for probation or suspension, modification
or reduction of sentence. In addition, such offender shall not be eligible
for parole prior to serving 25 years' imprisonment, and such 25 years'
imprisonment shall not be reduced by the application of good time
credits. No other sentence shall be permitted.
(ii) The provisions of clause (i) requiring the court to impose a
mandatory minimum term of imprisonment of 25 years shall not apply
if the court finds the offender, because of the offender's criminal history
HOUSE BILL No. 2029—page 15
classification, is subject to presumptive imprisonment and the
sentencing range exceeds 300 months. In such case, the offender is
required to serve a mandatory minimum term equal to the sentence
established pursuant to the sentencing range.
(2) The sentence imposed pursuant to paragraph (1) shall not be
considered a departure and shall not be subject to appeal.
(dd) The sentence for a felony offense committed while an
offender was in custody for a prior nondrug felony or on probation,
assignment to a community correctional services program, under
suspended sentence or on parole or postrelease supervision for a prior
nondrug felony and when such offender's criminal history score is A, B,
C, D or E shall be presumptive imprisonment regardless of the grid
block for such current felony. A sentence imposed pursuant to this
subsection shall be served consecutively to any other term or terms of
imprisonment imposed in the prior nondrug felony case in which the
offender was on probation, assignment to a community correctional
services program, under suspended sentence or on parole or
postrelease supervision. Such sentence shall not be considered a
departure and shall not be subject to appeal.
Sec. 4. K.S.A. 2025 Supp. 22-2802, as amended by section 4 of
2026 House Bill No. 2444, is hereby amended to read as follows: 22-
2802. (a) Any person charged with a crime shall, at the person's first
appearance before a magistrate, be ordered released pending
preliminary examination or trial upon the execution of an appearance
bond in an amount specified by the magistrate and sufficient to assure
the appearance of such person before the magistrate when ordered and
to assure the public safety. If the person is being bound over for a
felony, the bond shall also be conditioned on the person's appearance in
the district court or by way of a two-way electronic audio-video
communication as provided in subsection (n) at the time required by the
court to answer the charge against such person and at any time
thereafter that the court requires. Unless the magistrate makes a specific
finding otherwise, if the person is being bonded out for a person felony
or a person misdemeanor, the bond shall be conditioned on the person
being prohibited from having any contact with the alleged victim of
such offense for a period of at least 72 hours. The magistrate may
impose such of the following additional conditions of release as will
reasonably assure the appearance of the person for preliminary
examination or trial:
(1) Place the person in the custody of a designated person or
organization agreeing to supervise such person;
(2) place restrictions on the travel, association or place of abode of
the person during the period of release;
(3) impose any other condition deemed reasonably necessary to
assure appearance as required, including a condition requiring that the
person return to custody during specified hours;
(4) place the person under a house arrest program pursuant to
K.S.A. 21-6609, and amendments thereto; or
(5) place the person under the supervision of a court services
officer responsible for monitoring the person's compliance with any
conditions of release ordered by the magistrate. The magistrate may
order the person to pay for any costs associated with the supervision
provided by the court services department in an amount not to exceed
$15 per week of such supervision. The magistrate may also order the
person to pay for all other costs associated with the supervision and
conditions for compliance in addition to the $15 per week.
(b) In addition to any conditions of release provided in subsection
(a), for any person charged with:
(1) A felony, the magistrate may order such person to submit to a
drug and alcohol abuse examination and evaluation in a public or
private treatment facility or state institution and, if determined by the
head of such facility or institution that such person is a drug or alcohol
abuser or is incapacitated by drugs or alcohol, to submit to treatment
HOUSE BILL No. 2029—page 16
for such drug or alcohol abuse, as a condition of release; and
(2) a domestic violence offense, as defined in K.S.A. 21-5111, and
amendments thereto, domestic battery or aggravated domestic battery,
as described in K.S.A. 21-5414, and amendments thereto, stalking, as
described in K.S.A. 21-5427, and amendments thereto, or violation of a
protective order as described in K.S.A. 21-5924, and amendments
thereto, the magistrate shall consider ordering electronic monitoring of
the person with victim notification pursuant to section 1 of 2026 House
Bill No. 2479, and amendments thereto, as a condition of release.
(c) (1) If a person is charged with a misdemeanor, the appearance
bond shall be executed with sufficient solvent sureties who are
residents of the state of Kansas unless the magistrate determines, in the
exercise of such magistrate's discretion, that requiring sureties is not
necessary to assure the appearance of the person at the time ordered or
to assure public safety. If such person is not a citizen of the United
States, such person's immigration status shall be verified with the
federal government pursuant to 8 U.S.C. § 1373(e). There shall be a
rebuttable presumption that a person who has been determined to be an
alien unlawfully present in the United States is a flight risk.
(2) (A) If a person is charged with a felony, the appearance bond
shall be executed with sufficient solvent sureties who are residents of
the state of Kansas unless the magistrate determines by clear and
convincing evidence, after a hearing at which the person charged is
present, that requiring sureties is not necessary to assure the appearance
of the person at the time ordered or to assure public safety.
(B) Prior to releasing a person charged with a felony without a
surety, the magistrate shall determine, after a hearing at which the
person is present, whether the person meets the following
qualifications:
(i) Is a citizen of the United States or is an alien who is lawfully
present in the United States and whose status has been verified with the
federal government pursuant to 8 U.S.C. § 1373(e);
(ii) is a resident of the state of Kansas;
(iii) has no prior felony conviction;
(iv) has no prior history of failure to appear for any court
appearances;
(v) has no detainer or hold from any other jurisdiction;
(vi) has not been extradited from and is not awaiting extradition to
another state;
(vii) has not been detained for an alleged violation of probation;
(viii) has not been charged with a felony violation of K.S.A. 8-
1567, and amendments thereto; and
(ix) has not been charged with an off-grid felony, a person felony
or a drug severity level 1, 2 or 3 felony.
(C) If the magistrate determines that the person does not meet one
or more of the qualifications listed in subparagraph (B), there is a
presumption that such person is either a flight risk or that such person's
release would endanger the public. Such presumption may only be
overcome by clear and convincing evidence. Prior to ordering a release
of such person without a surety, the magistrate shall make a written
finding on the record that such person is not a public safety risk and not
a flight risk and specify which of the qualifications listed in
subparagraph (B) that such person meets.
(d) A deposit of cash in the amount of the bond may be made in
lieu of the execution of the bond pursuant to subsection (c). Except as
provided in subsection (e), such deposit shall be in the full amount of
the bond and in no event shall a deposit of cash in less than the full
amount of bond be permitted. Any person charged with a crime who is
released on a cash bond shall be entitled to a refund of all moneys paid
for the cash bond, after deduction of any outstanding restitution, costs,
fines and fees, after the final disposition of the criminal case if the
person complies with all requirements to appear in court. The court
may not exclude the option of posting bond pursuant to subsection (c).
HOUSE BILL No. 2029—page 17
(e) Except as provided further, the amount of the appearance bond
shall be the same whether executed as described in subsection (c) or
posted with a deposit of cash as described in subsection (d). When the
appearance bond has been set at $2,500 or less and the most serious
charge against the person is a misdemeanor, a severity level 8, 9 or 10
nonperson felony, a drug severity level 4 felony committed prior to July
1, 2012, a drug severity level 5 felony committed on or after July 1,
2012, or a violation of K.S.A. 8-1567, and amendments thereto, the
magistrate may allow the person to deposit cash with the clerk in the
amount of 10% of the bond, provided the person meets at least the
following qualifications:
(1) Is a citizen of the United States or is an alien who is lawfully
present in the United States and whose status has been verified with the
federal government pursuant to 8 U.S.C. § 1373(e);
(2) is a resident of the state of Kansas;
(3) has a criminal history score category of G, H or I;
(4) has no prior history of failure to appear for any court
appearances;
(5) has no detainer or hold from any other jurisdiction;
(6) has not been extradited from, and is not awaiting extradition
to, another state; and
(7) has not been detained for an alleged violation of probation.
(f) Except as provided in subsections (c) and (q), in the discretion
of the court, a person charged with a crime may be released upon the
person's own recognizance by guaranteeing payment of the amount of
the bond for the person's failure to comply with all requirements to
appear in court. The release of a person charged with a crime upon the
person's own recognizance shall not require the deposit of any cash by
the person.
(g) The court shall not impose any administrative fee.
(h) In determining which conditions of release will reasonably
assure appearance and the public safety, the magistrate shall, on the
basis of available information, take into account:
(1) The nature and circumstances of the crime charged;
(2) the weight of the evidence against the defendant;
(3) whether the defendant is lawfully present in the United States;
(4) the defendant's family ties, employment, financial resources,
character, mental condition, length of residence in the community,
record of convictions, record of appearance or failure to appear at court
proceedings or of flight to avoid prosecution;
(5) the likelihood or propensity of the defendant to commit crimes
while on release, including whether the defendant will be likely to
threaten, harass or cause injury to the victim of the crime or any
witnesses thereto; and
(6) whether the defendant is on probation, parole or postrelease
supervision from a prior offense at the time of the alleged commission
of the subsequent offense.
(i) The appearance bond shall set forth all of the conditions of
release.
(j) A person for whom conditions of release are imposed and who
continues to be detained as a result of the person's inability to meet the
conditions of release shall be entitled, upon application, to have the
conditions reviewed without unnecessary delay by the magistrate who
imposed them. If the magistrate who imposed conditions of release is
not available, any other magistrate in the county may review such
conditions.
(k) A magistrate ordering the release of a person on any conditions
specified in this section may at any time amend the order to impose
additional or different conditions of release. If the imposition of
additional or different conditions results in the detention of the person,
the provisions of subsection (j) shall apply.
(l) Statements or information offered in determining the conditions
of release need not conform to the rules of evidence. No statement or
HOUSE BILL No. 2029—page 18
admission of the defendant made at such a proceeding shall be received
as evidence in any subsequent proceeding against the defendant.
(m) The appearance bond and any security required as a condition
of the defendant's release shall be deposited in the office of the
magistrate or the clerk of the court where the release is ordered. If the
defendant is bound to appear before a magistrate or court other than the
one ordering the release, the order of release, together with the bond
and security shall be transmitted to the magistrate or clerk of the court
before whom the defendant is bound to appear.
(n) Proceedings before a magistrate as provided in this section to
determine the release conditions of a person charged with a crime
including release upon execution of an appearance bond may be
conducted by two-way electronic audio-video communication between
the defendant and the judge in lieu of personal presence of the
defendant or defendant's counsel in the courtroom in the discretion of
the court. The defendant may be accompanied by the defendant's
counsel. The defendant shall be informed of the defendant's right to be
personally present in the courtroom during such proceeding if the
defendant so requests. Exercising the right to be present shall in no way
prejudice the defendant.
(o) The magistrate may order the person to pay for any costs
associated with the supervision of the conditions of release of the
appearance bond in an amount not to exceed $15 per week of such
supervision, except as provided in section 1 of 2026 House Bill No.
2479, and amendments thereto . As a condition of sentencing under
K.S.A. 21-6604, and amendments thereto, the court may impose the
full amount of any such costs in addition to the $15 per week,
including, but not limited to, costs for treatment and evaluation under
subsection (b).
(p) (1) If a defendant is charged with rape, as described in K.S.A.
21-5503, and amendments thereto, criminal sodomy or aggravated
criminal sodomy, as described in K.S.A. 21-5504, and amendments
thereto, aggravated sexual battery, as described in K.S.A. 21-5505, and
amendments thereto, or indecent liberties with a child or aggravated
indecent liberties with a child, as described in K.S.A. 21-5506, and
amendments thereto, the magistrate shall determine prior convictions of
such offenses or comparable out-of-state convictions upon available
evidence.
(2) If the magistrate determines that such defendant has a prior
conviction of any crime that constitutes a sexually violent crime as
defined in K.S.A. 22-4902, and amendments thereto, bond shall be at
least $750,000 cash or surety and have at least minimum conditions of
no contact with any victims or witnesses and the magistrate shall place
the person under a house arrest program pursuant to subsection (a)(4).
Such bond shall not be reduced or modified downward unless the
magistrate determines by a preponderance of the evidence at an
evidentiary hearing and makes a written finding on the record that the
defendant is not a public safety risk and not a flight risk. At such
evidentiary hearing, there shall be a presumption that the defendant is
both a public safety risk and a flight risk.
(q) (1) If the affidavit establishes probable cause that the person
was on probation, parole, postrelease supervision or bond for a prior
felony offense at the time of the alleged commission of a charged
felony offense and the person's criminal history score under the Kansas
sentencing guidelines act was previously established as A, B, C, D or E,
except as provided in subsection (q)(2), the court shall set a secured
appearance bond in an amount not less than:
(A) $50,000 if the most serious charge against the person is a
severity level 7, 8, 9 or 10 felony or a drug severity level 4 or 5 felony;
(B) $100,000 if the most serious charge against the person is a
severity level 4, 5 or 6 felony or a drug severity level 3 felony; and
(C) $250,000 if the most serious charge against the person is a
severity level 1, 2 or 3 felony or a drug severity level 1 or 2 felony.
HOUSE BILL No. 2029—page 19
(2) (A) Except as provided in subparagraph (B), such bond shall
not be reduced or modified downward unless the magistrate determines
by a preponderance of the evidence at an evidentiary hearing and
makes a written finding on the record that the defendant is not a public
safety risk and not a flight risk. At such evidentiary hearing, there shall
be a presumption that the defendant is both a public safety risk and a
flight risk.
(B) The court may modify the bond or otherwise reduce the
amount of bond without an evidentiary hearing and written finding
required by subparagraph (A) if both parties have agreed to the
proposed bond, except that such bond shall not be modified to allow
release of the defendant on the defendant's own recognizance.
Sec. 5. K.S.A. 2025 Supp. 22-4714, as amended by section 16 of
2026 House Bill No. 2466, is hereby amended to read as follows: 22-
4714. (a) A governmental agency other than a criminal justice agency
as defined in K.S.A. 22-4701, and amendments thereto, identified in
subsection (b) may require a person to be fingerprinted and shall
submit such fingerprints to the Kansas bureau of investigation and the
federal bureau of investigation for a search of the state and federal
database. Fingerprints provided pursuant to this section may be used to
identify a person and to determine whether such person has a record of
criminal history in this state or in another jurisdiction. An agency
identified in subsection (b) may use the information obtained from the
criminal history record check for the purposes of verifying the
identification of a person and in the official determination of the
qualifications and fitness of such person to be issued or maintain
employment, licensure, registration, certification or a permit, act as an
agent of a licensee, hold ownership of a licensee or serve as a director
or officer of a licensee.
(b) (1) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions, adult non-
convictions, adult diversions, adult expunged records, juvenile
adjudications, juvenile non-adjudications, juvenile diversions and
juvenile expunged records to:
(A) The Kansas department for children and families or the
Kansas department for aging and disability services for initial or
continuing employment or participation in any program administered
for the placement, safety, protection or treatment of vulnerable children
or adults as described in K.S.A. 75-53,105, and amendments thereto;
(B) the attorney general for applicants as defined in K.S.A. 75-
7b01, and amendments thereto, in connection with such application as
described in K.S.A. 75-7b04 and 75-7b17, and amendments thereto;
(C) the attorney general for applicants as defined in K.S.A. 75-
7c02, and amendments thereto, in connection with such application as
described in K.S.A. 75-7c05, and amendments thereto;
(D) the attorney general for applicants as defined in K.S.A. 75-
7b01, and amendments thereto, in connection with such application for
certification as described in K.S.A. 75-7b21, and amendments thereto;
and
(E) the attorney general for applicants as defined in K.S.A. 75-
7e01, and amendments thereto, in connection with such application as
described in K.S.A. 75-7e03, and amendments thereto.
(2) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions, adult non-
convictions, adult diversions, adult expunged records and juvenile
expunged records to:
(A) The state lottery for candidates for employees as defined in
K.S.A. 74-8702, and amendments thereto, in connection with such
employment as described in K.S.A. 74-8704, and amendments thereto;
and
(B) the Kansas racing and gaming commission for candidates for
employees or licensees as defined in K.S.A. 74-8802, and amendments
thereto, in connection with such employment or license as described in
HOUSE BILL No. 2029—page 20
K.S.A. 74-8804, and amendments thereto, including an applicant for a
simulcasting license.
(3) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions, adult non-
convictions, adult diversions, adult expunged records, juvenile
adjudications, juvenile non-adjudications and juvenile diversions to:
(A) The emergency medical services board for applicants as
defined in K.S.A. 65-6129, and amendments thereto, in connection
with such application as described in K.S.A. 65-6129, and amendments
thereto;
(B) the department of administration for candidates for sensitive
employees as defined in K.S.A. 75-3707e, and amendments thereto, in
connection with such employment as described in K.S.A. 75-3707e,
and amendments thereto; and
(C) the state gaming agency for candidates for employees and
licensees as defined in K.S.A. 74-9802, and amendments thereto, in
connection with such employment or license as described in K.S.A. 74-
9805, and amendments thereto.
(4) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions, adult non-
convictions, adult diversions and adult expunged records to:
(A) The supreme court and state board of law examiners for
applicants as defined in K.S.A. 7-127, and amendments thereto, in
connection with such application as described in K.S.A. 7-127, and
amendments thereto; and
(B) the commission on peace officers' standards and training for
applicants for certification under the Kansas law enforcement training
act as described in K.S.A. 74-5607, and amendments thereto.
(5) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions, adult non-
convictions, adult diversions and juvenile adjudications to:
(A) The athletic commission within the Kansas department of
commerce for a candidate for boxing commission as defined in K.S.A.
74-50,182, and amendments thereto, in connection with such
appointment as described in K.S.A. 74-50,184, and amendments
thereto;
(B) the secretary of health and environment for employees at a
child care facility as defined in K.S.A. 65-503, and amendments
thereto, in connection with such employment as described in K.S.A.
65-516, and amendments thereto;
(C) the secretary of commerce for final applicants for a sensitive
position or employees in a sensitive position as defined in K.S.A. 2025
Supp. 74-5005a, and amendments thereto, in connection with such
employment as described in K.S.A. 2025 Supp. 74-5005a, and
amendments thereto;
(D) the secretary of labor for employees as defined in K.S.A. 75-
5702, and amendments thereto, in connection with such employment as
described in K.S.A. 75-5702, and amendments thereto; and
(E) the state bank commissioner for any officer, partner, member,
owner, principal or director of an applicant or registrant in connection
with such application or registration as described in K.S.A. 2025 Supp.
9-2411, and amendments thereto.
(6) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions and juvenile
adjudications to:
(A) The secretary for aging and disability services for applicants
as defined in K.S.A. 39-970, and amendments thereto, in connection
with such application as described in K.S.A. 39-970, and amendments
thereto;
(B) the Kansas department for aging and disability services for
applicants as defined in K.S.A. 39-2009, and amendments thereto, in
connection with such application as described in K.S.A. 39-2009, and
amendments thereto; and
HOUSE BILL No. 2029—page 21
(C) the secretary for aging and disability services for applicants as
defined in K.S.A. 65-5117, and amendments thereto, in connection with
such application as described in K.S.A. 65-5117, and amendments
thereto.
(7) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions and adult non-
convictions to:
(A) The division of motor vehicles within the department of
revenue for applicants for reinstatement of a license to drive a
commercial motor vehicle as described in K.S.A. 8-2,142, and
amendments thereto;
(B) the board of examiners in optometry for applicants or
licensees as defined in K.S.A. 65-1501, and amendments thereto, in
connection with such application or an investigation as described in
K.S.A. 65-1505, and amendments thereto;
(C) the board of pharmacy for fingerprint candidates as defined in
K.S.A. 65-1626, and amendments thereto, in connection with such
application or license as described in K.S.A. 65-1696, and amendments
thereto;
(D) the state board of healing arts for applicants or licensees as
defined in K.S.A. 65-2802, and amendments thereto, in connection
with such application or an investigation as described in K.S.A. 65-
28,129, and amendments thereto;
(E) the state board of healing arts for applicants or licensees as
defined in K.S.A. 65-2901, and amendments thereto, in connection
with such application or an investigation as described in K.S.A. 65-
2924, and amendments thereto;
(F) the board of nursing for applicants as defined in K.S.A. 74-
1112, and amendments thereto, in connection with such application as
described in K.S.A. 74-1112, and amendments thereto;
(G) the behavioral sciences regulatory board for licensees as
defined in K.S.A. 74-7511, and amendments thereto, in connection with
such application or license as described in K.S.A. 74-7511, and
amendments thereto;
(H) the state lottery for a vendor to whom a major procurement
contract is to be awarded in connection with an investigation as
described in K.S.A. 74-8705, and amendments thereto;
(I) the attorney general for appointees of the governor to positions
subject to confirmation by the senate and judicial appointees as
described in K.S.A. 75-712, and amendments thereto;
(J) appointing authorities as defined in K.S.A. 75-4315d, and
amendments thereto, for nongubernatorial appointees to positions
subject to confirmation by the senate as described in K.S.A. 75-712,
and amendments thereto, and as described in K.S.A. 75-4315d, and
amendments thereto;
(K) the Kansas real estate commission for applicants as defined in
K.S.A. 58-3035, and amendments thereto, or for licensees as defined in
K.S.A. 58-3035, and amendments thereto, in connection with an
investigation as described in K.S.A. 58-3039, and amendments thereto;
(L) the insurance commissioner for applicants for licensure as an
insurance agent as defined in K.S.A. 40-4902, and amendments thereto,
in connection with such application as described in K.S.A. 40-4905,
and amendments thereto;
(M) the insurance commissioner for applicants as defined in
K.S.A. 40-5501, and amendments thereto, in connection with such
application as described in K.S.A. 40-5505, and amendments thereto;
(N) the state bank commissioner for applicants in control of a
licensee, licensees or key individuals as defined in K.S.A. 2025 Supp.
9-555, and amendments thereto, in connection with such application as
described in K.S.A. 2025 Supp. 9-565, and amendments thereto; and
(O) appointing authorities as defined in section 2 of 2026 House
Bill No. 2466, and amendments thereto, for appointees as described in
section 3 of 2026 House Bill No. 2466, and amendments thereto.
HOUSE BILL No. 2029—page 22
(8) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions to:
(A) The department of agriculture for hemp employees as defined
in K.S.A. 2-3901, and amendments thereto, in connection with such
employment as described in K.S.A. 2-3902, and amendments thereto;
(B) the department of agriculture for applicants for licensure as a
hemp producer as defined in K.S.A. 2-3901, and amendments thereto,
in connection with such application as described in K.S.A. 2-3906, and
amendments thereto;
(C) the office of state fire marshal for applicants for registration as
a hemp processor as defined in K.S.A. 2-3901, and amendments
thereto, in connection with such application as described in K.S.A. 2-
3907, and amendments thereto;
(D) the department of agriculture for hemp destruction employees
as defined in K.S.A. 2-3901, and amendments thereto, in connection
with such employment as described in K.S.A. 2-3911, and amendments
thereto;
(E) the bank commissioner for any applicant as defined in K.S.A.
9-508, and amendments thereto, in connection with such application as
described in K.S.A. 9-509, and amendments thereto;
(F) the bank commissioner for an applicant for employment as a
new executive officer or director with a money transmitter company as
described in K.S.A. 9-513e, and amendments thereto;
(G) the bank commissioner for any applicant as defined in K.S.A.
9-1719, and amendments thereto, in connection with such application
as described in K.S.A. 9-1722, and amendments thereto;
(H) the bank commissioner for an applicant, registrant or licensee
as defined in K.S.A. 9-2201, and amendments thereto, in connection
with such application, registration or license as described in K.S.A. 9-
2209, and amendments thereto;
(I) the state banking board for any officer, director or organizer of
a proposed fiduciary financial institution as defined in K.S.A. 9-2301,
and amendments thereto, in connection with such role as described in
K.S.A. 9-2302, and amendments thereto;
(J) municipalities for applicants for merchant or security police as
described in K.S.A. 12-1679, and amendments thereto;
(K) the bank commissioner for applicants as defined in K.S.A.
16a-6-104, and amendments thereto, in connection with such
application as described in K.S.A. 16a-6-104, and amendments thereto;
(L) the state department of credit unions for every candidate as
defined in K.S.A. 17-2234, and amendments thereto, in connection
with such employment as described in K.S.A. 17-2234, and
amendments thereto;
(M) the division of alcoholic beverage control within the
department of revenue for applicants as defined in K.S.A. 41-102, and
amendments thereto, in connection with such application as described
in K.S.A. 41-311b, and amendments thereto;
(N) the division of post audit for employees as defined in K.S.A.
46-1103, and amendments thereto, in connection with such
employment as described in K.S.A. 46-1103, and amendments thereto;
(O) the bank commissioner for licensees as defined in K.S.A. 50-
1126, and amendments thereto, in connection with such license as
described in K.S.A. 50-1128, and amendments thereto;
(P) the real estate appraisal board for licensees as defined in
K.S.A. 58-4102, and amendments thereto, in connection with an
application or investigation as described in K.S.A. 58-4127, and
amendments thereto;
(Q) the real estate appraisal board for applicants as defined in
K.S.A. 58-4703, and amendments thereto, in connection with such
application as described in K.S.A. 58-4709, and amendments thereto;
(R) the department of health and environment for an employee as
defined in K.S.A. 65-2401, and amendments thereto, in connection
with such employment as described in K.S.A. 65-2402, and
HOUSE BILL No. 2029—page 23
amendments thereto;
(S) the Kansas office of veterans services for candidates as
defined in K.S.A. 73-1210a, and amendments thereto, in connection
with an application as described in K.S.A. 73-1210a, and amendments
thereto;
(T) a senate standing committee for a member named, appointed
or elected to the public employee retirement systems board of trustee
membership as described in K.S.A. 74-4905, and amendments thereto;
(U) the department of revenue for employees as defined in K.S.A.
75-5133c, and amendments thereto, in connection with such
employment as described in K.S.A. 75-5133c, and amendments thereto;
(V) the division of motor vehicles within the department of
revenue for employees as defined in K.S.A. 75-5156, and amendments
thereto, in connection with such employment as described in K.S.A.
75-5156, and amendments thereto;
(W) the Kansas commission for the deaf and hard of hearing for
applicants as defined in K.S.A. 75-5397f, and amendments thereto, in
connection with such application as described in K.S.A. 75-5393a, and
amendments thereto;
(X) the Kansas commission for the deaf and hard of hearing for
employees as defined in K.S.A. 75-5397f, and amendments thereto, in
connection with such employment as described in K.S.A. 75-5393c,
and amendments thereto;
(Y) the department of health and environment for employees as
defined in K.S.A. 75-5609a, and amendments thereto, in connection
with such employment as described in K.S.A. 75-5609a, and
amendments thereto; and
(Z) an executive branch agency head for employees as defined in
K.S.A. 75-7241, and amendments thereto, in connection with such
employment as described in K.S.A. 75-7241, and amendments thereto.
(c) State and local law enforcement agencies shall assist with
taking fingerprints of individuals as authorized by this section.
(d) Any board, commission, committee or other public body shall
recess into a closed executive session pursuant to K.S.A. 75-4319, and
amendments thereto, to receive and discuss criminal history record
information obtained pursuant to this section.
(e) The Kansas bureau of investigation may charge a reasonable
fee for conducting a criminal history record check.
(f) (1) Fingerprints and criminal history record information
received pursuant to this section shall be confidential and shall not be
subject to the provisions of the Kansas open records act, K.S.A. 45-215
et seq., and amendments thereto. The provisions of this paragraph shall
expire on July 1, 2029, unless the legislature reviews and reenacts this
provision pursuant to K.S.A. 45-229, and amendments thereto, prior to
July 1, 2029.
(2) Disclosure or use of any information received pursuant to this
section for any purpose other than the purpose described in this section
shall be a class A nonperson misdemeanor and shall constitute grounds
for removal from office.
Sec. 6. On and after January 1, 2027, K.S.A. 2025 Supp. 22-4714,
as amended by section 5 of this act, is hereby amended to read as
follows: 22-4714 . (a) A governmental agency other than a criminal
justice agency as defined in K.S.A. 22-4701, and amendments thereto,
identified in subsection (b) may require a person to be fingerprinted and
shall submit such fingerprints to the Kansas bureau of investigation and
the federal bureau of investigation for a search of the state and federal
database. Fingerprints provided pursuant to this section may be used to
identify a person and to determine whether such person has a record of
criminal history in this state or in another jurisdiction. An agency
identified in subsection (b) may use the information obtained from the
criminal history record check for the purposes of verifying the
identification of a person and in the official determination of the
qualifications and fitness of such person to be issued or maintain
HOUSE BILL No. 2029—page 24
employment, licensure, registration, certification or a permit, act as an
agent of a licensee, hold ownership of a licensee or serve as a director
or officer of a licensee.
(b) (1) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions, adult non-
convictions, adult diversions, adult expunged records, juvenile
adjudications, juvenile non-adjudications, juvenile diversions and
juvenile expunged records to:
(A) The Kansas department for children and families or the
Kansas department for aging and disability services for initial or
continuing employment or participation in any program administered
for the placement, safety, protection or treatment of vulnerable children
or adults as described in K.S.A. 75-53,105, and amendments thereto;
(B) the attorney general for applicants as defined in K.S.A. 75-
7b01, and amendments thereto, in connection with such application as
described in K.S.A. 75-7b04 and 75-7b17, and amendments thereto;
(C) the attorney general for applicants as defined in K.S.A. 75-
7c02, and amendments thereto, in connection with such application as
described in K.S.A. 75-7c05, and amendments thereto;
(D) the attorney general for applicants as defined in K.S.A. 75-
7b01, and amendments thereto, in connection with such application for
certification as described in K.S.A. 75-7b21, and amendments thereto;
and
(E) the attorney general for applicants as defined in K.S.A. 75-
7e01, and amendments thereto, in connection with such application as
described in K.S.A. 75-7e03, and amendments thereto.
(2) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions, adult non-
convictions, adult diversions, adult expunged records and juvenile
expunged records to:
(A) The state lottery for candidates for employees as defined in
K.S.A. 74-8702, and amendments thereto, in connection with such
employment as described in K.S.A. 74-8704, and amendments thereto;
and
(B) the Kansas racing and gaming commission for candidates for
employees or licensees as defined in K.S.A. 74-8802, and amendments
thereto, in connection with such employment or license as described in
K.S.A. 74-8804, and amendments thereto, including an applicant for a
simulcasting license.
(3) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions, adult non-
convictions, adult diversions, adult expunged records, juvenile
adjudications, juvenile non-adjudications and juvenile diversions to:
(A) The emergency medical services board for applicants as
defined in K.S.A. 65-6129, and amendments thereto, in connection
with such application as described in K.S.A. 65-6129, and amendments
thereto;
(B) the department of administration for candidates for sensitive
employees as defined in K.S.A. 75-3707e, and amendments thereto, in
connection with such employment as described in K.S.A. 75-3707e,
and amendments thereto; and
(C) the state gaming agency for candidates for employees and
licensees as defined in K.S.A. 74-9802, and amendments thereto, in
connection with such employment or license as described in K.S.A. 74-
9805, and amendments thereto.
(4) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions, adult non-
convictions, adult diversions and adult expunged records to:
(A) The supreme court and state board of law examiners for
applicants as defined in K.S.A. 7-127, and amendments thereto, in
connection with such application as described in K.S.A. 7-127, and
amendments thereto; and
(B) the commission on peace officers' standards and training for
HOUSE BILL No. 2029—page 25
applicants for certification under the Kansas law enforcement training
act as described in K.S.A. 74-5607, and amendments thereto.
(5) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions, adult non-
convictions, adult diversions and juvenile adjudications to:
(A) The athletic commission within the Kansas department of
commerce for a candidate for boxing commission as defined in K.S.A.
74-50,182, and amendments thereto, in connection with such
appointment as described in K.S.A. 74-50,184, and amendments
thereto;
(B) the secretary of health and environment for employees at a
child care facility as defined in K.S.A. 65-503, and amendments
thereto, in connection with such employment as described in K.S.A.
65-516, and amendments thereto;
(C) the secretary of commerce for final applicants for a sensitive
position or employees in a sensitive position as defined in K.S.A. 2025
Supp. 74-5005a, and amendments thereto, in connection with such
employment as described in K.S.A. 2025 Supp. 74-5005a, and
amendments thereto;
(D) the secretary of labor for employees as defined in K.S.A. 75-
5702, and amendments thereto, in connection with such employment as
described in K.S.A. 75-5702, and amendments thereto; and
(E) the state bank commissioner for any officer, partner, member,
owner, principal or director of an applicant or registrant in connection
with such application or registration as described in K.S.A. 2025 Supp.
9-2411, and amendments thereto.
(6) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions and juvenile
adjudications to:
(A) The secretary for aging and disability services for applicants
as defined in K.S.A. 39-970, and amendments thereto, in connection
with such application as described in K.S.A. 39-970, and amendments
thereto;
(B) the Kansas department for aging and disability services for
applicants as defined in K.S.A. 39-2009, and amendments thereto, in
connection with such application as described in K.S.A. 39-2009, and
amendments thereto; and
(C) the secretary for aging and disability services for applicants as
defined in K.S.A. 65-5117, and amendments thereto, in connection with
such application as described in K.S.A. 65-5117, and amendments
thereto.
(7) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions and adult non-
convictions to:
(A) The division of motor vehicles within the department of
revenue for applicants for reinstatement of a license to drive a
commercial motor vehicle as described in K.S.A. 8-2,142, and
amendments thereto;
(B) the board of examiners in optometry for applicants or
licensees as defined in K.S.A. 65-1501, and amendments thereto, in
connection with such application or an investigation as described in
K.S.A. 65-1505, and amendments thereto;
(C) the board of pharmacy for fingerprint candidates as defined in
K.S.A. 65-1626, and amendments thereto, in connection with such
application or license as described in K.S.A. 65-1696, and amendments
thereto;
(D) the state board of healing arts for applicants or licensees as
defined in K.S.A. 65-2802, and amendments thereto, in connection
with such application or an investigation as described in K.S.A. 65-
28,129, and amendments thereto;
(E) the state board of healing arts for applicants or licensees as
defined in K.S.A. 65-2901, and amendments thereto, in connection
with such application or an investigation as described in K.S.A. 65-
HOUSE BILL No. 2029—page 26
2924, and amendments thereto;
(F) the board of nursing for applicants as defined in K.S.A. 74-
1112, and amendments thereto, in connection with such application as
described in K.S.A. 74-1112, and amendments thereto;
(G) the behavioral sciences regulatory board for licensees as
defined in K.S.A. 74-7511, and amendments thereto, in connection with
such application or license as described in K.S.A. 74-7511, and
amendments thereto;
(H) the state lottery for a vendor to whom a major procurement
contract is to be awarded in connection with an investigation as
described in K.S.A. 74-8705, and amendments thereto;
(I) the attorney general for appointees of the governor to positions
subject to confirmation by the senate and judicial appointees as
described in K.S.A. 75-712, and amendments thereto;
(J) appointing authorities as defined in K.S.A. 75-4315d, and
amendments thereto, for nongubernatorial appointees to positions
subject to confirmation by the senate as described in K.S.A. 75-712,
and amendments thereto, and as described in K.S.A. 75-4315d, and
amendments thereto;
(K) the Kansas real estate commission for applicants as defined in
K.S.A. 58-3035, and amendments thereto, or for licensees as defined in
K.S.A. 58-3035, and amendments thereto, in connection with an
investigation as described in K.S.A. 58-3039, and amendments thereto;
(L) the insurance commissioner for applicants for licensure as an
insurance agent as defined in K.S.A. 40-4902, and amendments thereto,
in connection with such application as described in K.S.A. 40-4905,
and amendments thereto;
(M) the insurance commissioner for applicants as defined in
K.S.A. 40-5501, and amendments thereto, in connection with such
application as described in K.S.A. 40-5505, and amendments thereto;
(N) the state bank commissioner for applicants in control of a
licensee, licensees or key individuals as defined in K.S.A. 2025 Supp.
9-555, and amendments thereto, in connection with such application as
described in K.S.A. 2025 Supp. 9-565, and amendments thereto; and
(O) appointing authorities as defined in section 2 of 2026 House
Bill No. 2466 , and amendments thereto, for appointees as described in
section 3 of 2026 House Bill No. 2466, and amendments thereto; and
(P) the state board of healing arts for applicants or licensees as
defined in K.S.A. 65-28a01, and amendments thereto, in connection
with such application or investigation pursuant to section 1 of 2026
House Bill No. 2702, and amendments thereto.
(8) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions to:
(A) The department of agriculture for hemp employees as defined
in K.S.A. 2-3901, and amendments thereto, in connection with such
employment as described in K.S.A. 2-3902, and amendments thereto;
(B) the department of agriculture for applicants for licensure as a
hemp producer as defined in K.S.A. 2-3901, and amendments thereto,
in connection with such application as described in K.S.A. 2-3906, and
amendments thereto;
(C) the office of state fire marshal for applicants for registration as
a hemp processor as defined in K.S.A. 2-3901, and amendments
thereto, in connection with such application as described in K.S.A. 2-
3907, and amendments thereto;
(D) the department of agriculture for hemp destruction employees
as defined in K.S.A. 2-3901, and amendments thereto, in connection
with such employment as described in K.S.A. 2-3911, and amendments
thereto;
(E) the bank commissioner for any applicant as defined in K.S.A.
9-508, and amendments thereto, in connection with such application as
described in K.S.A. 9-509, and amendments thereto;
(F) the bank commissioner for an applicant for employment as a
new executive officer or director with a money transmitter company as
HOUSE BILL No. 2029—page 27
described in K.S.A. 9-513e, and amendments thereto;
(G) the bank commissioner for any applicant as defined in K.S.A.
9-1719, and amendments thereto, in connection with such application
as described in K.S.A. 9-1722, and amendments thereto;
(H) the bank commissioner for an applicant, registrant or licensee
as defined in K.S.A. 9-2201, and amendments thereto, in connection
with such application, registration or license as described in K.S.A. 9-
2209, and amendments thereto;
(I) the state banking board for any officer, director or organizer of
a proposed fiduciary financial institution as defined in K.S.A. 9-2301,
and amendments thereto, in connection with such role as described in
K.S.A. 9-2302, and amendments thereto;
(J) municipalities for applicants for merchant or security police as
described in K.S.A. 12-1679, and amendments thereto;
(K) the bank commissioner for applicants as defined in K.S.A.
16a-6-104, and amendments thereto, in connection with such
application as described in K.S.A. 16a-6-104, and amendments thereto;
(L) the state department of credit unions for every candidate as
defined in K.S.A. 17-2234, and amendments thereto, in connection
with such employment as described in K.S.A. 17-2234, and
amendments thereto;
(M) the division of alcoholic beverage control within the
department of revenue for applicants as defined in K.S.A. 41-102, and
amendments thereto, in connection with such application as described
in K.S.A. 41-311b, and amendments thereto;
(N) the division of post audit for employees as defined in K.S.A.
46-1103, and amendments thereto, in connection with such
employment as described in K.S.A. 46-1103, and amendments thereto;
(O) the bank commissioner for licensees as defined in K.S.A. 50-
1126, and amendments thereto, in connection with such license as
described in K.S.A. 50-1128, and amendments thereto;
(P) the real estate appraisal board for licensees as defined in
K.S.A. 58-4102, and amendments thereto, in connection with an
application or investigation as described in K.S.A. 58-4127, and
amendments thereto;
(Q) the real estate appraisal board for applicants as defined in
K.S.A. 58-4703, and amendments thereto, in connection with such
application as described in K.S.A. 58-4709, and amendments thereto;
(R) the department of health and environment for an employee as
defined in K.S.A. 65-2401, and amendments thereto, in connection
with such employment as described in K.S.A. 65-2402, and
amendments thereto;
(S) the Kansas office of veterans services for candidates as
defined in K.S.A. 73-1210a, and amendments thereto, in connection
with an application as described in K.S.A. 73-1210a, and amendments
thereto;
(T) a senate standing committee for a member named, appointed
or elected to the public employee retirement systems board of trustee
membership as described in K.S.A. 74-4905, and amendments thereto;
(U) the department of revenue for employees as defined in K.S.A.
75-5133c, and amendments thereto, in connection with such
employment as described in K.S.A. 75-5133c, and amendments thereto;
(V) the division of motor vehicles within the department of
revenue for employees as defined in K.S.A. 75-5156, and amendments
thereto, in connection with such employment as described in K.S.A.
75-5156, and amendments thereto;
(W) the Kansas commission for the deaf and hard of hearing for
applicants as defined in K.S.A. 75-5397f, and amendments thereto, in
connection with such application as described in K.S.A. 75-5393a, and
amendments thereto;
(X) the Kansas commission for the deaf and hard of hearing for
employees as defined in K.S.A. 75-5397f, and amendments thereto, in
connection with such employment as described in K.S.A. 75-5393c,
HOUSE BILL No. 2029—page 28
and amendments thereto;
(Y) the department of health and environment for employees as
defined in K.S.A. 75-5609a, and amendments thereto, in connection
with such employment as described in K.S.A. 75-5609a, and
amendments thereto; and
(Z) an executive branch agency head for employees as defined in
K.S.A. 75-7241, and amendments thereto, in connection with such
employment as described in K.S.A. 75-7241, and amendments thereto.
(c) State and local law enforcement agencies shall assist with
taking fingerprints of individuals as authorized by this section.
(d) Any board, commission, committee or other public body shall
recess into a closed executive session pursuant to K.S.A. 75-4319, and
amendments thereto, to receive and discuss criminal history record
information obtained pursuant to this section.
(e) The Kansas bureau of investigation may charge a reasonable
fee for conducting a criminal history record check.
(f) (1) Fingerprints and criminal history record information
received pursuant to this section shall be confidential and shall not be
subject to the provisions of the Kansas open records act, K.S.A. 45-215
et seq., and amendments thereto. The provisions of this paragraph shall
expire on July 1, 2029, unless the legislature reviews and reenacts this
provision pursuant to K.S.A. 45-229, and amendments thereto, prior to
July 1, 2029.
(2) Disclosure or use of any information received pursuant to this
section for any purpose other than the purpose described in this section
shall be a class A nonperson misdemeanor and shall constitute grounds
for removal from office.
Sec. 7. K.S.A. 25-2020, as amended by section 3 of 2026 Senate
Bill No. 260, is hereby amended to read as follows: 25-2020. (a) (1)
When a district method of election is in effect in any school district, a
person may become a candidate for election to board member by any
one of the following methods:
(A) Any person who is an elector in any member district may
petition to be a candidate for board member from the member district in
which such person resides. Any such person shall file with the county
election officer, a petition for such candidacy signed by not less fewer
than 50 electors residing in such member district or by a number of
such electors equal to not less than 10% of the electors residing in such
member district, whichever is less.
(B) Any person who is an elector in any school district may
petition to be a candidate for board member at-large from the school
district in which such person resides. Any such person shall file with
the county election officer, a petition for such candidacy signed by not
less fewer than 50 electors residing in such school district.
(C) Any person who is an elector in any member district may
become a candidate for board member from the member district in
which such person resides by filing with the county election officer a
declaration of intention to become such a candidate, and payment
therewith of a filing fee in the amount of $20. Such declaration shall be
prescribed by the secretary of state.
(D) Any person who is an elector in any school district may
become a candidate for board member at-large from the school district
in which such person resides by filing with the county election officer a
declaration of intention to become such a candidate, and payment
therewith of a filing fee in the amount of $20. Such declaration shall be
prescribed by the secretary of state.
(2) Any such petition or declaration shall specify the member
position for which the person is a candidate.
(b) (1) When the election at large method is in effect in any school
district, a person may become a candidate for election to board member
by either one of the following methods:
(A) Any person who is an elector of the school district may
petition to be a candidate for board member. Any such person shall file
HOUSE BILL No. 2029—page 29
with the county election officer a petition for such candidacy signed by
not less fewer than 50 electors residing in the school district.
(B) Any person who is an elector in the unified school district may
become a candidate for board member by filing with the county
election officer a declaration of intention to become such a candidate,
and payment therewith of a filing fee in the amount of $20. Such
declaration shall be prescribed by the secretary of state.
(2) Any such petition or declaration that is for an unexpired term
of a member shall so specify.
(c) (1) Any such petition or declaration of intent shall be filed
before the filing deadline as prescribed in K.S.A. 25-205, and
amendments thereto. No candidate shall be permitted to withdraw from
candidacy after the filing deadline, except that a candidate shall be
withdrawn from an election if:
(A) The candidate certifies to the county election officer that such
candidate is withdrawing because of severe medical hardship on the
candidate or the candidate's immediate family. Such candidate shall
send the county election officer a certification of the severe medical
hardship signed by a physician; or
(B) the candidate certifies to the county election officer that such
candidate no longer resides in the district for which the candidate filed
for office.
(2) If the county election officer receives a certification as
described in subparagraph (1) on or before September 1 of the year of
the election, such candidate's name shall be withdrawn and shall not be
printed on the ballots.
(3) If a candidate dies on or before September 1 of the year of the
election, such candidate's name shall be withdrawn and shall not be
printed on the ballots.
(d) Within three days from the date of the filing of a nomination
petition or a declaration of intention to become a candidate for board
member, the county election officer shall determine the validity of such
petition or declaration.
(e) If a nomination petition or declaration is found to be invalid,
the county election officer shall notify the candidate on whose behalf
the petition or declaration was filed that such nomination petition or
declaration has been found to be invalid and the reason for the finding.
Such candidate may make objection to the finding of invalidity by the
county election officer in accordance with K.S.A. 25-308, and
amendments thereto.
(f) Any person who is a candidate for nomination or election to
the office of school board member, at the time of election or
appointment, and during the term of office, shall be and must remain a
qualified elector who resides in the member or at-large district. Failure
to remain a qualified elector residing in the member or at-large district
shall constitute an immediate vacancy in the candidacy or office.
Sec. 8. K.S.A. 31-133, as amended by section 6 of 2026 House
Bill No. 2534, is hereby amended to read as follows: 31-133. (a) The
state fire marshal shall adopt reasonable rules and regulations,
consistent with the provisions of this act, for the safeguarding of life
and property from fire, explosion and hazardous materials. Such rules
and regulations shall include, but not be limited to, the following:
(1) The keeping, storage, use, sale, handling, transportation or
other disposition of highly flammable materials, including crude
petroleum or any of its products, natural gas for use in motor vehicles,
and of explosives, including gunpowder, dynamite, fireworks and
firecrackers. Any such rules and regulations may prescribe the
materials and construction of receptacles and buildings to be used for
any of such purposes;
(2) the transportation of liquid fuel over public highways in order
to provide for the public safety in connection therewith;
(3) the construction, maintenance and regulation of exits and fire
escapes from buildings and all other places in which people work, live
HOUSE BILL No. 2029—page 30
or congregate from time to time for any purpose , including apartment
houses, as defined by K.S.A. 31-132a, and amendments thereto . Such
rules and regulations shall not apply to buildings used wholly as
dwelling houses containing no more than two families;
(4) the installation and maintenance of equipment intended for fire
control, detection and extinguishment in all buildings and other places
in which persons work, live or congregate from time to time for any
purpose, including apartment houses as defined by K.S.A. 31-132a, and
amendments thereto. Such rules and regulations shall not apply to
buildings used wholly as dwelling houses containing no more than two
families;
(5) requiring administrators of public and private schools and
educational institutions, except community colleges, colleges and
universities, to conduct at least four fire drills each school year at some
time during school hours, aside from the regular dismissal at the close
of the day's session, and prescribing the manner in which such fire
drills are to be conducted;
(6) procedures for the reporting of fires and explosions occurring
within the state and for the investigation thereof;
(7) procedures for reporting by healthcare providers of treatment
of second and third degree burn wounds involving 20% or more of the
victim's body and requiring hospitalization of the victim. Such
reporting is hereby authorized notwithstanding any provision of K.S.A.
60-427, and amendments thereto, to the contrary;
(8) requiring administrators of public and private schools and
educational institutions, except community colleges, colleges and
universities, to establish tornado procedures. Such procedures shall:
(A) Provide for at least two tornado drills to be conducted each
school year, of which one shall be conducted in September and one
shall be conducted in March, at some time during school hours, aside
from the regular dismissal at the close of the day's session;
(B) describe the manner in which such tornado drills are to be
conducted; and
(C) shall be subject to approval by the state fire marshal;
(9) requiring administrators of community colleges, colleges and
universities to establish tornado procedures. Such procedures shall be
subject to approval by the director of the disaster agency of the county;
(10) the development and implementation of a statewide system of
hazardous materials assessment and response;
(11) the use of pyrotechnics, pyrotechnic devices and pyrotechnic
materials;
(12) requiring administrators of public and private schools and
educational institutions, except community colleges, colleges and
universities, to conduct at least three crisis drills each school year at
some time during school hours, aside from the regular dismissal at the
close of the day's session. The manner in which such crisis drills are
conducted may be subject to approval by the safe and secure schools
unit of the Kansas department of education; and
(13) other safeguards, protective measures or means adapted to
render inherently safe from the hazards of fire or the loss of life by fire
any building or other place in which people work, live or congregate
from time to time for any purpose, except buildings used wholly as
dwelling houses containing no more than two families.
(b) Any rules and regulations of the state fire marshal adopted
pursuant to this section may incorporate by reference specific editions,
or portions thereof, of nationally recognized fire prevention codes.
(c) The rules and regulations adopted pursuant to this section shall
allow facilities in service prior to the effective date of such rules and
regulations, and not in strict conformity therewith, to continue in
service, so long as such facilities are not determined by the state fire
marshal to constitute a distinct hazard to life or property. Any such
determination shall be subject to the appeal provisions contained in
K.S.A. 31-140, and amendments thereto.
HOUSE BILL No. 2029—page 31
(d) The state fire marshal may grant an exemption pursuant to
K.S.A. 31-136, and amendments thereto, that authorizes a variance for
the number or manner of drills conducted pursuant to subsection (a)(5),
(8) or (12) for students receiving special education or related services.
(e) (1) As used in this section, "crisis drills" includes intruder
response drills, lockdown drills and active shooter drills, as defined in
section 3 of 2026 House Bill No. 2534, and amendments thereto.
(2) Any public or private school that conducts an active shooter
drill shall conduct such drill in accordance with section 3 of 2026
House Bill No. 2534 et seq., and amendments thereto.
(3) No crisis drill conducted by any public or private school shall
include an active shooter simulation as defined in section 3 of 2026
House Bill No. 2534, and amendments thereto, or any element of an
active shooter simulation.
Sec. 9. K.S.A. 38-2232, as amended by section 1 of 2025 House
Bill No. 2329, is hereby amended to read as follows: 38-2232. (a) (1)
To the extent possible, when any law enforcement officer takes into
custody a child under the age of 18 years without a court order, the
child shall promptly be delivered to the custody of the child's parent or
other custodian unless there are reasonable grounds to believe that such
action would not be in the best interests of the child.
(2) Except as provided in subsection (b), if the child is not
delivered to the custody of the child's parent or other custodian, the
child shall promptly be delivered to a:
(A) (i) Shelter facility designated by the court;
(ii) court services officer;
(iii) juvenile intake and assessment worker;
(iv) licensed attendant care center;
(v) juvenile stabilization center; or
(vi) other person;
(B) if the child is 15 years of age or younger, to a facility or
person designated by the secretary; or
(C) if the child is 16 or 17 years of age and the child has no
identifiable parental or family resources or shows signs of physical,
mental, emotional or sexual abuse, to a facility or person designated by
the secretary.
(3) If, after delivery of the child to a shelter facility, the person in
charge of the shelter facility at that time and the law enforcement
officer determine that the child will not remain in the shelter facility
and if the child is presently alleged, but not yet adjudicated, to be a
child in need of care solely pursuant to K.S.A. 38-2202(d) (9)(1)(I) or
(d)(10)(1)(J), and amendments thereto, the law enforcement officer
shall deliver the child to a secure facility, designated by the court,
where the child shall be detained for not more than 24 hours, excluding
Saturdays, Sundays, legal holidays, and days on which when the office
of the clerk of the court is not accessible.
(4) No child taken into custody pursuant to this code shall be
placed in a secure facility, except as authorized by this section and by
K.S.A. 38-2242, 38-2243 and 38-2260, and amendments thereto.
(5) It shall be the duty of the law enforcement officer to furnish to
the county or district attorney, without unnecessary delay, all the
information in the possession of the officer pertaining to the child, the
child's parents or other persons interested in or likely to be interested in
the child and all other facts and circumstances which that caused the
child to be taken into custody.
(b) (1) When any law enforcement officer takes into custody any
child as provided in K.S.A. 38-2231(b)(2), and amendments thereto,
proceedings shall be initiated in accordance with the provisions of the
interstate compact on juveniles, K.S.A. 38-1001 et seq., and
amendments thereto, or K.S.A. 38-1008, and amendments thereto,
when effective. Any child taken into custody pursuant to the interstate
compact on juveniles may be detained in a juvenile detention facility or
other secure facility.
HOUSE BILL No. 2029—page 32
(2) When any law enforcement officer takes into custody any child
as provided in K.S.A. 38-2231(b)(3), and amendments thereto, the law
enforcement officer shall place the child in protective custody and may
deliver the child to a staff secure facility. The law enforcement officer
shall contact the department for children and families to begin an
assessment to determine safety, placement and treatment needs for the
child. Such child shall not be placed in a secure facility, except as
authorized by this section and by K.S.A. 38-2242, 38-2243 and 38-
2260, and amendments thereto.
(3) When any law enforcement officer takes into custody any child
as provided in K.S.A. 38-2231(b)(4), and amendments thereto, the law
enforcement officer shall place the child in protective custody and may
deliver the child to a juvenile stabilization center. Such child shall not
be placed in a juvenile detention facility or other secure facility.
(c) Whenever a child under the age of 18 years is taken into
custody by a law enforcement officer without a court order and is
thereafter placed as authorized by subsection (a), the facility or person
shall, upon written application of the law enforcement officer, have
physical custody and provide care and supervision for the child. The
application shall state:
(1) The name and address of the child, if known;
(2) the names and addresses of the child's parents or nearest
relatives and persons with whom the child has been residing, if known;
and
(3) the officer's belief that the child is a child in need of care and
that there are reasonable grounds to believe that the circumstances or
condition of the child is such that the child would be harmed unless
placed in the immediate custody of the shelter facility or other person.
(d) A copy of the application shall be furnished by the facility or
person receiving the child to the county or district attorney without
unnecessary delay.
(e) The shelter facility or other person designated by the court who
has custody of the child pursuant to this section shall discharge the
child not later than 72 hours following admission, excluding Saturdays,
Sundays, legal holidays, and days on which when the office of the clerk
of the court is not accessible, unless a court has entered an order
pertaining to temporary custody or release.
(f) In absence of a court order to the contrary, the county or
district attorney or the placing law enforcement agency shall have the
authority to direct the release of the child at any time.
(g) When any law enforcement officer takes into custody any child
as provided in K.S.A. 38-2231(d), and amendments thereto, the child
shall promptly be delivered to the school in which where the child is
enrolled, any location designated by the school in which where the
child is enrolled or the child's parent or other custodian.
Sec. 10. K.S.A. 38-2242, as amended by section 2 of 2025 House
Bill No. 2329, is hereby amended to read as follows: 38-2242. (a) The
court, upon verified application, may issue ex parte an order directing
that a child be held in protective custody and, if the child has not been
taken into custody, an order directing that the child be taken into
custody. The application shall state for each child:
(1) The applicant's belief that the child is a child in need of care;
(2) that the child is likely to sustain harm if not immediately
removed from the home;
(3) that allowing the child to remain in the home is contrary to the
welfare of the child; and
(4) the facts relied upon to support the application, including
efforts known to the applicant to maintain the family unit and prevent
the unnecessary removal of the child from the child's home, or the
specific facts supporting that an emergency exists which that threatens
the safety of the child.
(b) (1) The order of protective custody may be issued only after
the court has determined there is probable cause to believe the
HOUSE BILL No. 2029—page 33
allegations in the application are true. The order shall remain in effect
until the temporary custody hearing provided for in K.S.A. 38-2243,
and amendments thereto, unless earlier rescinded by the court.
(2) No child shall be held in protective custody for more than 72
hours, excluding Saturdays, Sundays, legal holidays, and days on
which when the office of the clerk of the court is not accessible, unless
within the 72-hour period a determination is made as to the necessity
for temporary custody in a temporary custody hearing. The time spent
in custody pursuant to K.S.A. 38-2232, and amendments thereto, shall
be included in calculating the 72-hour period. Nothing in this
subsection shall be construed to mean that the child must remain in
protective custody for 72 hours. If a child is in the protective custody of
the secretary, the secretary shall allow at least one supervised visit
between the child and the parent or parents within such time period as
the child is in protective custody. The court may prohibit such
supervised visit if the court determines it is not in the best interest of
the child.
(c) (1) Whenever the court determines the necessity for an order of
protective custody, the court may place the child in the protective
custody of:
(A) A parent or other person having custody of the child and may
enter a restraining order pursuant to subsection (e);
(B) a person, other than the parent or other person having custody,
who shall not be required to be licensed under article 5 of chapter 65 of
the Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility;
(D) a shelter facility;
(E) a staff secure facility, notwithstanding any other provision of
law, if the child has been subjected to human trafficking or aggravated
human trafficking, as defined by K.S.A. 21-5426, and amendments
thereto, or commercial sexual exploitation of a child, as defined by
K.S.A. 21-6422, and amendments thereto, or the child committed an act
which, if committed by an adult, would constitute a violation of K.S.A.
21-6419, and amendments thereto;
(F) a juvenile stabilization center as described in K.S.A. 65-536,
and amendments thereto; or
(G) the secretary, if the child is 15 years of age or younger, or 16
or 17 years of age if the child has no identifiable parental or family
resources or shows signs of physical, mental, emotional or sexual
abuse.
(2) If the secretary presents the court with a plan to provide
services to a child or family which that the court finds will assure the
safety of the child, the court may only place the child in the protective
custody of the secretary until the court finds the services are in place.
The court shall have the authority to require any person or entity
agreeing to participate in the plan to perform as set out in the plan.
When the child is placed in the protective custody of the secretary, the
secretary shall have the discretionary authority to place the child with a
parent or to make other suitable placement for the child. When the child
is placed in the temporary custody of the secretary and the child has
been subjected to human trafficking or aggravated human trafficking,
as defined by K.S.A. 21-5426, and amendments thereto, or commercial
sexual exploitation of a child, as defined by K.S.A. 21-6422, and
amendments thereto, or the child committed an act which, if committed
by an adult, would constitute a violation of K.S.A. 21-6419, and
amendments thereto, the secretary shall have the discretionary authority
to place the child in a staff secure facility, notwithstanding any other
provision of law. When the child is presently alleged, but not yet
adjudicated, to be a child in need of care solely pursuant to K.S.A. 38-
2202(d)(9)(1)(I) or (d) (10)(1)(J), and amendments thereto, the child
may be placed in a secure facility pursuant to an order of protective
custody for a period of not to exceed 24 hours, excluding Saturdays,
Sundays, legal holidays, and days on which when the office of the clerk
HOUSE BILL No. 2029—page 34
of the court is not accessible.
(d) The order of protective custody shall be served pursuant to
K.S.A. 38-2237(a), and amendments thereto, on the child's parents and
any other person having legal custody of the child. The order shall
prohibit the removal of the child from the court's jurisdiction without
the court's permission.
(e) If the court issues an order of protective custody, the court may
also enter an order restraining any alleged perpetrator of physical,
sexual, mental or emotional abuse of the child from residing in the
child's home; visiting, contacting, harassing or intimidating the child,
other family member or witness; or attempting to visit, contact, harass
or intimidate the child, other family member or witness. Such
restraining order shall be served by personal service pursuant to K.S.A.
38-2237(a), and amendments thereto, on any alleged perpetrator to
whom the order is directed.
(f) (1) The court shall not enter the initial order removing a child
from the custody of a parent pursuant to this section unless the court
first finds probable cause that: (A) (i) The child is likely to sustain harm
if not immediately removed from the home;
(ii) allowing the child to remain in home is contrary to the welfare
of the child; or
(iii) immediate placement of the child is in the best interest of the
child; and
(B) reasonable efforts have been made to maintain the family unit
and prevent the unnecessary removal of the child from the child's home
or that an emergency exists which that threatens the safety to the child.
(2) Such findings shall be included in any order entered by the
court. If the child is placed in the custody of the secretary, the court
shall provide the secretary with a written copy of any orders entered
upon making the order.
Sec. 11. K.S.A. 2025 Supp. 38-2243, as amended by section 3 of
2025 House Bill No. 2329, is hereby amended to read as follows: 38-
2243. (a) Upon notice and hearing, the court may issue an order
directing who shall have temporary custody and may modify the order
during the pendency of the proceedings as will best serve the child's
welfare.
(b) A hearing pursuant to this section shall be held within 72
hours, excluding Saturdays, Sundays, legal holidays, and days on
which when the office of the clerk of the court is not accessible,
following a child having been taken into protective custody.
(c) Whenever it is determined that a temporary custody hearing is
required, the court shall immediately set the time and place for the
hearing. Notice of a temporary custody hearing shall be given to all
parties and interested parties.
(d) Notice of the temporary custody hearing shall be given at least
24 hours prior to the hearing. The court may continue the hearing to
afford the 24 hours prior notice or, with the consent of the party or
interested party, proceed with the hearing at the designated time. If an
order of temporary custody is entered and the parent or other person
having custody of the child has not been notified of the hearing, did not
appear or waive appearance and requests a rehearing, the court shall
rehear the matter without unnecessary delay.
(e) Oral notice may be used for giving notice of a temporary
custody hearing where there is insufficient time to give written notice.
Oral notice is completed upon filing a certificate of oral notice.
(f) The court may enter an order of temporary custody after
determining there is probable cause to believe that the:
(1) Child is dangerous to self or to others;
(2) child is not likely to be available within the jurisdiction of the
court for future proceedings;
(3) health or welfare of the child may be endangered without
further care;
(4) child has been subjected to human trafficking or aggravated
HOUSE BILL No. 2029—page 35
human trafficking, as defined by K.S.A. 21-5426, and amendments
thereto, or commercial sexual exploitation of a child, as defined by
K.S.A. 21-6422, and amendments thereto;
(5) child is experiencing a behavioral health crisis; or
(6) child committed an act which, if committed by an adult, would
constitute a violation of K.S.A. 21-6419, and amendments thereto.
(g) (1) Whenever the court determines the necessity for an order
of temporary custody the court may place the child in the temporary
custody of:
(A) A parent or other person having custody of the child and may
enter a restraining order pursuant to subsection (h);
(B) a person, other than the parent or other person having custody,
who shall not be required to be licensed under article 5 of chapter 65 of
the Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility;
(D) a shelter facility;
(E) a staff secure facility, notwithstanding any other provision of
law, if the child has been subjected to human trafficking or aggravated
human trafficking, as defined by K.S.A. 21-5426, and amendments
thereto, or commercial sexual exploitation of a child, as defined by
K.S.A. 21-6422, and amendments thereto, or the child committed an act
which, if committed by an adult, would constitute a violation of K.S.A.
21-6419, and amendments thereto;
(F) a juvenile stabilization center, as described in K.S.A. 65-536,
and amendments thereto; or
(G) the secretary, if the child is 15 years of age or younger, or 16
or 17 years of age if the child has no identifiable parental or family
resources or shows signs of physical, mental, emotional or sexual
abuse.
(2) If the secretary presents the court with a plan to provide
services to a child or family which that the court finds will assure the
safety of the child, the court may only place the child in the temporary
custody of the secretary until the court finds the services are in place.
The court shall have the authority to require any person or entity
agreeing to participate in the plan to perform as set out in the plan.
When the child is placed in the temporary custody of the secretary, the
secretary shall have the discretionary authority to place the child with a
parent or to make other suitable placement for the child. When the child
is placed in the temporary custody of the secretary and the child has
been subjected to human trafficking or aggravated human trafficking,
as defined by K.S.A. 21-5426, and amendments thereto, or commercial
sexual exploitation of a child, as defined by K.S.A 21-6422, and
amendments thereto, or the child committed an act which, if committed
by an adult, would constitute a violation of K.S.A. 21-6419, and
amendments thereto, the secretary shall have the discretionary authority
to place the child in a staff secure facility, notwithstanding any other
provision of law. When the child is presently alleged, but not yet
adjudicated to be a child in need of care solely pursuant to K.S.A. 38-
2202(d)(9)(1)(I) or (d) (10)(1)(J), and amendments thereto, the child
may be placed in a secure facility, but the total amount of time that the
child may be held in such facility under this section and K.S.A. 38-
2242, and amendments thereto, shall not exceed 24 hours, excluding
Saturdays, Sundays, legal holidays, and days on which when the office
of the clerk of the court is not accessible. The order of temporary
custody shall remain in effect until modified or rescinded by the court
or an adjudication order is entered but not exceeding 60 days, unless
good cause is shown and stated on the record.
(h) If the court issues an order of temporary custody, the court
may also enter an order restraining any alleged perpetrator of physical,
sexual, mental or emotional abuse of the child from residing in the
child's home; visiting, contacting, harassing or intimidating the child;
or attempting to visit, contact, harass or intimidate the child, other
family members or witnesses. Such restraining order shall be served by
HOUSE BILL No. 2029—page 36
personal service pursuant to K.S.A. 38-2237(a), and amendments
thereto, on any alleged perpetrator to whom the order is directed.
(i) (1) The court shall not enter the initial order removing a child
from the custody of a parent pursuant to this section unless the court
first finds probable cause that:
(A) (i) The child is likely to sustain harm if not immediately
removed from the home;
(ii) allowing the child to remain in home is contrary to the welfare
of the child; or
(iii) immediate placement of the child is in the best interest of the
child; and
(B) reasonable efforts have been made to maintain the family unit
and prevent the unnecessary removal of the child from the child's home
or that an emergency exists which that threatens the safety to the child.
(2) Such findings shall be included in any order entered by the
court. If the child is placed in the custody of the secretary, upon making
the order the court shall provide the secretary with a written copy.
(j) If the court enters an order of temporary custody that provides
for placement of the child with a person other than the parent, the court
shall make a child support determination pursuant to K.S.A. 38-2277,
and amendments thereto.
(k) For the purposes of this section, "harassing or intimidating"
and "harass or intimidate" includes, but is not limited to, utilizing any
electronic tracking system or acquiring tracking information to
determine the targeted person's location, movement or travel patterns.
Sec. 12. K.S.A. 40-3402, as amended by section 2 of 2025 House
Bill No. 2068, is hereby amended to read as follows: 40-3402. (a) Prior
to January 1, 2022, a policy of professional liability insurance approved
by the commissioner and issued by an insurer duly authorized to
transact business in this state in which the limit of the insurer's liability
is not less than $200,000 per claim, subject to not less than a $600,000
annual aggregate for all claims made during the policy period, shall be
maintained in effect by each resident healthcare provider as a condition
of active licensure or other statutory authorization to render
professional service as a healthcare provider in this state, unless such
healthcare provider is a self-insurer. For all new policies and policies
that renew on and after January 1, 2022, a policy of professional
liability insurance approved by the commissioner and issued by an
insurer duly authorized to transact business in this state in which the
limit of the insurer's liability is not less than $500,000 per claim,
subject to not less than a $1,500,000 annual aggregate for all claims
made during the policy period, shall be maintained by each resident
healthcare provider as a condition of active licensure or other statutory
authorization to render professional service as a healthcare provider in
this state, unless such healthcare provider is a self-insurer. This
provision shall not apply to optometrists, except as provided in
subsection (g), and pharmacists, except as provided in subsection (f),
on and after July 1, 1991, to physical therapists on and after July 1,
1995, or to health maintenance organizations on and after July 1, 1997.
Such policy shall provide as a minimum coverage for claims made
during the term of the policy that were incurred during the term of such
policy or during the prior term of a similar policy. This provision shall
apply to advanced practice register nurses on and after January 1,
2028, except as provided in subsection (h). Any insurer offering such
policy of professional liability insurance to any healthcare provider
may offer to such healthcare provider a policy as prescribed in this
section with deductible options. Such deductible shall be within such
policy limits.
(1) Each insurer providing basic coverage shall, within 30 days
after the effective date of any policy issued in accordance with this
subsection, notify the board of governors that such coverage is or will
be in effect. Such notification shall be on a form approved by the board
of governors and shall include information identifying the professional
HOUSE BILL No. 2029—page 37
liability policy issued or to be issued, the name and address of all
healthcare providers covered by the policy, the amount of the annual
premium, the effective and expiration dates of the coverage and such
other information as the board of governors shall require. A copy of the
notice required by this subsection shall be furnished to the named
insured.
(2) In the event of termination of basic coverage by cancellation,
nonrenewal, expiration or otherwise by either the insurer or named
insured, notice of such termination shall be furnished by the insurer to
the board of governors, the state agency which licenses, registers or
certifies the named insured and the named insured. Such notice shall be
provided no less than 30 days prior to the effective date of any
termination initiated by the insurer or within 10 business days after the
date coverage is terminated at the request of the named insured and
shall include the name and address of the healthcare provider or
providers for whom basic coverage is terminated and the date basic
coverage will cease to be in effect. No basic coverage shall be
terminated by cancellation or failure to renew by the insurer unless
such insurer provides a notice of termination as required by this
subsection.
(3) Any professional liability insurance policy issued, delivered or
in effect in this state on and after July 1, 1976, shall contain or be
endorsed to provide basic coverage as required by subsection (a).
Notwithstanding any omitted or inconsistent language, any contract of
professional liability insurance shall be construed to obligate the insurer
to meet all the mandatory requirements and obligations of this act. The
liability of an insurer for claims made prior to July 1, 1984, shall not
exceed those limits of insurance provided by such policy prior to July
1, 1984.
(b) A nonresident healthcare provider shall not be licensed to
actively render professional service as a healthcare provider in this state
unless such healthcare provider maintains continuous coverage in effect
as prescribed by subsection (a), except such coverage may be provided
by a nonadmitted insurer who has filed the form required by subsection
(b)(1). This provision shall not apply to optometrists, except as
provided in subsection (g), and pharmacists on and after July 1, 1991,
or to physical therapists on and after July 1, 1995.
(1) Every insurance company authorized to transact business in
this state, that is authorized to issue professional liability insurance in
any jurisdiction, shall file with the commissioner, as a condition of its
continued transaction of business within this state, a form prescribed by
the commissioner declaring that its professional liability insurance
policies, wherever issued, shall be deemed to provide at least the
insurance required by this subsection when the insured is rendering
professional services as a nonresident healthcare provider in this state.
Any nonadmitted insurer may file such a form.
(2) Every nonresident healthcare provider that is required to
maintain basic coverage pursuant to this subsection shall pay the
surcharge levied by the board of governors pursuant to K.S.A. 40-
3404(a), and amendments thereto, directly to the board of governors
and shall furnish to the board of governors the information required in
subsection (a)(1).
(c) Every healthcare provider that is a self-insurer, the university
of Kansas medical center for persons engaged in residency training, as
described in K.S.A. 40-3401(r)(1), and amendments thereto, the
employers of persons engaged in residency training, as described in
K.S.A. 40-3401(r)(2), and amendments thereto, the private practice
corporations or foundations and their full-time physician faculty
employed by the university of Kansas medical center or a medical care
facility or mental health center for self-insurers under K.S.A. 40-
3414(e), and amendments thereto, shall pay the surcharge levied by the
board of governors pursuant to K.S.A. 40-3404(a), and amendments
thereto, directly to the board of governors and shall furnish to the board
HOUSE BILL No. 2029—page 38
of governors the information required in subsections (a)(1) and (a)(2).
(d) In lieu of a claims made policy otherwise required under this
section, a person engaged in residency training who is providing
services as a healthcare provider but, while providing such services, is
not covered by the self-insurance provisions of K.S.A. 40-3414(d), and
amendments thereto, may obtain basic coverage under an occurrence
form policy, if such policy provides professional liability insurance
coverage and limits that are substantially the same as the professional
liability insurance coverage and limits required by K.S.A. 40-3402(a),
and amendments thereto. Where such occurrence form policy is in
effect, the provisions of the healthcare provider insurance availability
act referring to claims made policies shall be construed to mean
occurrence form policies.
(e) In lieu of a claims made policy otherwise required under this
section, a nonresident healthcare provider employed pursuant to a
locum tenens contract to provide services in this state as a healthcare
provider may obtain basic coverage under an occurrence form policy, if
such policy provides professional liability insurance coverage and
limits that are substantially the same as the professional liability
insurance coverage and limits required by K.S.A. 40-3402, and
amendments thereto. Where such occurrence form policy is in effect,
the provisions of the healthcare provider insurance availability act
referring to claims made policies shall be construed to mean occurrence
form policies.
(f) (1) A pharmacist shall be subject to the professional liability
insurance requirements of subsection (a) if such pharmacist
independently initiates therapy pursuant to K.S.A. 2025 Supp. 65-
16,131, and amendments thereto.
(2) This subsection shall take effect on and after January 1, 2028.
(g) (1) Except as provided in paragraph (2), an optometrist shall
be subject to the professional liability insurance requirements of
subsection (a) if such optometrist has been credentialed to provide the
incision and curettage of a chalazion, removal and biopsy of skin
lesions, laser capsulotomy and laser trabeculoplasty.
(2) An optometrist shall not be subject to the requirements of
subsection (a) if the initial surcharge to participate in the healthcare
stabilization fund exceeds 15%.
(3) This subsection shall take effect on and after January 1, 2028.
(h) An advanced practice registered nurse shall not be subject to
the requirements of subsection (a) if the initial surcharge to participate
in the healthcare stabilization fund exceeds 15%.
Sec. 13. K.S.A. 2025 Supp. 65-516, as amended by section 5 of
2026 House Bill No. 2601, is hereby amended to read as follows: 65-
516. (a) Except as provided in subsection (d), no person shall
knowingly maintain a child care facility if an employee who, in this
state or in other states or the federal government:
(1) (A) Has been convicted of a crime that is classified as a person
felony under the Kansas criminal code;
(B) has been convicted of a felony under K.S.A. 2010 Supp. 21-
36a01 through 21-36a17, prior to their transfer, or article 57 of chapter
21 of the Kansas Statutes Annotated, and amendments thereto, or any
felony violation of any provision of the uniform controlled substances
act prior to July 1, 2009;
(C) has been convicted of any act that is described in articles 34,
35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their
repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, or K.S.A. 21-6104, 21-6325, 21-
6326, 21-6418 through 21-6422 or 21-6424, and amendments thereto,
or been convicted of an attempt under K.S.A. 21-3301, prior to its
repeal, or K.S.A. 21-5301, and amendments thereto, to commit any
such act or been convicted of conspiracy under K.S.A. 21-3302, prior
to its repeal, or K.S.A. 21-5302, and amendments thereto, to commit
such act, or similar statutes of any other state or the federal
HOUSE BILL No. 2029—page 39
government;
(D) has been convicted of any act that is described in K.S.A. 21-
4301 or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and
amendments thereto, or similar statutes of any other state or the federal
government; or
(E) has been convicted of any act that is described in K.S.A. 21-
3718 or 21-3719, prior to their repeal, or K.S.A. 21-5812, and
amendments thereto, or similar statutes of any other state or the federal
government;
(2) except as provided in subsection (b), has been adjudicated a
juvenile offender because of having committed an act which, if
committed by an adult, would constitute the commission of a felony
and that is a crime against persons, is any act described in articles 34,
35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their
repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto, or K.S.A. 21-6104, 21-6325, 21-
6326, 21-6418 through 21-6422 or 21-6424, and amendments thereto,
or similar statutes of any other state or the federal government, or is
any act described in K.S.A. 21-4301 or 21-4301a, prior to their repeal,
or K.S.A. 21-6401, and amendments thereto, or similar statutes of any
other state or the federal government;
(3) has been convicted or adjudicated of a crime that requires
registration as a sex offender under the Kansas offender registration act,
K.S.A. 22-4901 et seq., and amendments thereto, as a sex offender in
any other state or as a sex offender on the national sex offender
registry;
(4) has committed an act of physical, mental or emotional abuse or
neglect or sexual abuse and who is listed in the child abuse and neglect
registry maintained by the Kansas department for children and families
pursuant to section 1 of 2026 House Bill No. 2601, and amendments
thereto, or any similar child abuse and neglect registries maintained by
any other state or the federal government and:
(A) Has failed to successfully complete a corrective action plan
that has been deemed appropriate and approved by the Kansas
department for children and families or requirements of similar entities
in any other state or the federal government; or
(B) such person's record has not been expunged;
(5) has had a child removed from home based on a court order
pursuant to K.S.A. 38-2251, and amendments thereto, in this state, or a
court order in any other state based upon a similar statute that finds the
child to be deprived or a child in need of care based on a finding of
physical, mental or emotional abuse or neglect or sexual abuse and the
child has not been returned to the home or the child reaches majority
before being returned to the home and the person has failed to
satisfactorily complete a corrective action plan approved by the
department of health and environment;
(6) has had parental rights terminated pursuant to the revised
Kansas code for care of children, or a similar statute of other states;
(7) has signed a diversion agreement pursuant to K.S.A. 22-2906
et seq., and amendments thereto, or an immediate intervention
agreement pursuant to K.S.A. 38-2346, and amendments thereto,
involving a charge of child abuse or a sexual offense; or
(8) has an infectious or contagious disease.
(b) If the secretary determines that there is no safety concern, the
secretary may license a family foster home, as defined in K.S.A. 38-
134, and amendments thereto, if a person who has been adjudicated as
a juvenile offender for an offense described in subsection (a)(2):
(1) Was a child in the custody of the secretary and placed with
such family foster home by the secretary;
(2) is 18 years of age or older;
(3) (A) maintains residence at such family foster home; or
(B) has been legally adopted by any person who resides at such
family foster home; and
HOUSE BILL No. 2029—page 40
(4) six months have passed since the date of adjudication.
(c) No person shall maintain a child care facility if such person
has been found to be a person in need of a guardian or a conservator, or
both, as provided in K.S.A. 59-3050 through 59-3095, and amendments
thereto.
(d)(c) Any person who resides in a child care facility and who has
been found to be in need of a guardian or a conservator, or both, shall
be counted in the total number of children allowed in care.
(d) (1) The secretary for children and families shall allow
maintenance of an existing license of a family foster home, as defined
in K.S.A. 38-134, and amendments thereto, when:
(A) Such applicant or licensee otherwise qualifies for such
licensure; and
(B) a person who resides in such home:
(i) Has been convicted or adjudicated of an offense described in
subsection (a);
(ii) was a child with such conviction or adjudication in custody of
and placed in such home by the secretary;
(iii) is less than 26 years of age; and
(iv) maintains residence in such home or has been legally adopted
by a person who resides in such home.
(2) The secretary for children and families may grant a license to
or allow maintenance of an existing license of a family foster home, as
defined in K.S.A. 38-134, and amendments thereto, if the secretary
determines that there are no safety concerns and a person residing in
such home otherwise meets the requirements in paragraph (1) but:
(A) Is older than 26 years of age; or
(B) has an additional conviction or adjudication described in
subsection (a) after release from the custody of the secretary for
children and families.
(3) (A) An applicant or licensee may appeal to the secretary for
children and families for review, if such secretary has not granted or
allowed the maintenance of a license when such licensure shall or may
be otherwise granted or allowed to be maintained under this
subsection.
(B) Upon review of such appeal, licensure may be granted or
allowed to be maintained by the secretary, whose decision shall be
final.
(e) In accordance with the provisions of this subsection, the
secretary of health and environment shall have access to any court
orders or adjudications of any court of record, any records of such
orders or adjudications, criminal history record information including,
but not limited to, diversion agreements, in the possession of the
Kansas bureau of investigation and any report of investigations as
authorized by K.S.A. 38-2226, and amendments thereto, in the
possession of the Kansas department for children and families or court
of this state concerning employees in a child care facility. The secretary
shall have access to these records for the purpose of determining
whether or not the home meets the requirements of K.S.A. 59-2132,
65-503, 65-508 and 65-516, and amendments thereto.
(f) In accordance with the provisions of this subsection, the
secretary is authorized to conduct national criminal history record
checks to determine criminal history on employees in a child care
facility. In order to conduct a national criminal history check the
secretary shall require fingerprinting for identification and
determination of criminal history in accordance with K.S.A. 2025
Supp. 22-4714, and amendments thereto.
(g) (1) The secretary shall adopt rules and regulations to fix a fee
for fingerprinting employees in a child care facility, as may be required
by the department to reimburse the department for the cost of the
fingerprinting.
(2) The secretary shall remit all moneys received from the fees
established under this section to the state treasurer in accordance with
HOUSE BILL No. 2029—page 41
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 child care criminal background and
fingerprinting fund.
(h) The child care criminal background and fingerprinting fund is
hereby created in the state treasury to be administered by the secretary
of health and environment. All moneys credited to the child care
criminal background and fingerprinting fund shall be used to pay local
and state law enforcement officers and agencies for the processing of
fingerprints and criminal history background checks for the department.
All expenditures from the child care criminal background and
fingerprinting fund shall be made in accordance with appropriation acts
upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the secretary or by a person designated by the
secretary.
(i) The secretary shall notify the child care applicant or licensee,
within seven days by certified mail with return receipt requested, when
the result of the national criminal history record check or other
appropriate review reveals unfitness specified in subsections (a)(1)
through (8) with regard to the person who is the subject of the review.
(j) No child care facility or the employees thereof, shall be liable
for civil damages to any person refused employment or discharged
from employment by reason of such facility's or home's compliance
with the provisions of this section if such home acts in good faith to
comply with this section.
(k) For the purpose of subsection (a)(4), a person listed in the
child abuse and neglect registry maintained by the Kansas department
for children and families pursuant to section 1 of 2026 House Bill No.
2601, and amendments thereto, or any other state or federal
government shall not be prohibited from residing, working or
volunteering in a child care facility unless such person has:
(1) Had an opportunity to be interviewed and present information
during the investigation of the alleged act of abuse or neglect; and
(2) been given notice of the agency decision and an opportunity to
appeal such decision as provided for in section 1 of 2026 House Bill
No. 2601, and amendments thereto.
(l) In regard to Kansas issued criminal history records:
(1) The secretary of health and environment shall provide in
writing information available to the secretary to each child placement
agency requesting information under this section, including the
information provided by the Kansas bureau of investigation pursuant to
this section, for the purpose of assessing the fitness of persons living,
working or regularly volunteering in a family foster home under the
child placement agency's sponsorship.
(2) The child placement agency is considered to be a
governmental entity and the designee of the secretary of health and
environment for the purposes of obtaining, using and disseminating
information obtained under this section.
(3) The information shall be provided to the child placement
agency regardless of whether the information discloses that the subject
of the request has been convicted of any offense.
(4) Whenever the information available to the secretary reveals
that the subject of the request has no criminal history on record, the
secretary shall provide notice thereof in writing to each child placement
agency requesting information under this section.
(5) Any staff person of a child placement agency who receives
information under this subsection shall keep such information
confidential, except that the staff person may disclose such information
on a need-to-know basis to:
(A) The person who is the subject of the request for information;
(B) the applicant or operator of the family foster home in which
the person lives, works or regularly volunteers;
(C) the department of health and environment;
HOUSE BILL No. 2029—page 42
(D) the Kansas department for children and families;
(E) the department of corrections; and
(F) the courts.
(6) A violation of paragraph (5) shall be an unclassified
misdemeanor punishable by a fine of $100 for each violation.
Sec. 14. K.S.A. 65-1119, as amended by section 4 of 2026 House
Bill No. 2528, is hereby amended to read as follows: 65-1119. (a)
Application for approval. An approved school of nursing is one that has
been approved as such by the board as meeting the standards of this act
and the rules and regulations of the board. An institution desiring to
conduct an approved school of professional or practical nursing shall
apply to the board for approval and submit satisfactory proof that it
such school is prepared to and will maintain the standards and basic
professional nursing curriculum or the required curriculum for practical
nursing, as the case may be, as prescribed by this act and by the rules
and regulations of the board. Applications shall be made in writing on
forms supplied by the board and shall be submitted to the board
together with the application fee fixed by the board. The approval of a
school of nursing shall not exceed 10 years after the granting of such
approval by the board. An institution desiring to continue to conduct an
approved school of professional or practical nursing shall apply to the
board for the renewal of approval and submit satisfactory proof that it
will maintain the standards and basic professional nursing curriculum
or the required curriculum for practical nursing, as the case may be, as
prescribed by this act and by the rules and regulations of the board.
Applications for renewal of approval shall be made in writing on forms
supplied by the board. Each school of nursing shall submit annually to
the board an annual fee fixed by the board by rules and regulations to
maintain the approval status.
(b) (1) Schools for professional nurses. To qualify as an approved
school for professional nurses, the school shall be conducted in the
state of Kansas, apply to the board and submit evidence that: (1) It
(A) Such school is prepared to carry out the professional
curriculum as prescribed in the rules and regulations of the board;
(B) such school's faculty possesses a nursing degree awarded by a
state or nationally accredited school of nursing approved by the board
that is at least one level more advanced than the degree awarded by the
program in which they are teaching. Additional or more advanced
credentials for faculty shall not be required by the board; and (2) it
(C) such school is prepared to meet such other standards as shall
be established by this law and the rules and regulations of the board.
(2) The board may grant an exemption to the requirement in
paragraph (1)(B) to a school facing hardships in hiring faculty.
(c) (1) Schools for practical nurses. To qualify as an approved
school for practical nurses, the school shall be conducted in the state of
Kansas, apply to the board and submit evidence that: (1) It
(A) Such school is prepared to carry out the curriculum as
prescribed in the rules and regulations of the board;
(B) such school's faculty possesses a nursing degree awarded by a
state or nationally accredited school of nursing approved by the board
that is at least one level more advanced than the degree awarded by the
program in which they are teaching. Additional or more advanced
credentials for faculty shall not be required by the board; and (2) it
(C) such school is prepared to meet such other standards as shall
be established by this law and the rules and regulations of the board.
(2) The board may grant an exemption to the requirement in
paragraph (1)(B) to a school facing hardships in hiring faculty.
(d) Transcript requests. All approved schools for professional and
practical nurses shall, upon the request of a current or former student,
fulfill transcript requests for licensure or testing by electronically
releasing the transcript within five business days of receipt of such
request.
(e) Survey. The board shall prepare and maintain a list of approved
HOUSE BILL No. 2029—page 43
schools for both professional and practical nurses whose graduates, if
they have the other necessary qualifications provided in this act, shall
be eligible to apply for a license as a registered professional nurse or as
a licensed practical nurse. A survey of the institution or institutions and
of the schools applying for approval shall be made by an authorized
employee of the board or members of the board, who shall submit a
written report of the survey to the board. If, in the opinion of the board,
the requirements as prescribed by the board in its rules and regulations
for an approved school for professional nurses or for practical nurses
are met, it the board shall so approve the school as either a school for
professional nurses or practical nurses, as the case may be. The board
shall resurvey approved schools on a periodic basis as determined by
rules and regulations. If the board determines that any approved school
of nursing is not maintaining the standards required by this act and by
rules and regulations prescribed by the board, notice thereof in writing,
specifying the failures of such school, shall be given immediately to the
school. A school that fails to correct such conditions to the satisfaction
of the board within a reasonable time shall be removed from the list of
approved schools of nursing until such time that the school shall
comply complies with the standards. All approved schools shall
maintain accurate and current records showing in full the theoretical
and practical courses given to each student.
(f) Providers of continuing nursing education. (1) To qualify as an
approved provider of continuing nursing education offerings, persons,
organizations or institutions proposing to provide such continuing
nursing education offerings shall apply to the board for approval and
submit evidence that the applicant is prepared to meet the standards and
requirements established by the rules and regulations of the board for
such continuing nursing education offerings. Initial applications shall
be made in writing on forms supplied by the board and shall be
submitted to the board together with the application fee fixed by the
board.
(2) "Approved long-term provider" means a person, organization
or institution that is responsible for the development, administration
and evaluation of continuing nursing education programs and offerings
and that has been approved as qualified by the board . Qualification as
a an approved long-term approved provider of continuing nursing
education offerings shall expire five years after the granting of such
approval by the board. An approved long-term provider of continuing
nursing education offerings shall submit annually to the board the
annual fee established by rules and regulations, along with an annual
report for the previous fiscal year. Applications for renewal as an
approved long-term provider of continuing nursing education offerings
shall be made in writing on forms supplied by the board.
(3) Qualification as an approved provider of a single continuing
nursing education offering, which may be offered once or multiple
times, shall expire two years after the granting of such approval by the
board. Approved single continuing nursing education providers shall
not be subject to an annual fee or annual report.
(4) In accordance with rules and regulations adopted by the board,
the board may approve individual educational offerings for continuing
nursing education that shall not be subject to approval under other
subsections of this section.
(5) The board shall accept offerings as approved continuing
nursing education presented by: colleges that are approved by a state or
the national department of education and providers approved by other
state boards of nursing, the national league for nursing, the national
federation of licensed practical nurses, the American nurses
credentialing center or other such other national organizations as listed
in rules and regulations adopted by the board.
(6) An individual designated by a provider of continuing nursing
education offerings as an individual responsible for CNE who has held
this position for the provider at least five years immediately prior to
HOUSE BILL No. 2029—page 44
January 1, 1997, shall not be required to have a baccalaureate or higher
academic degree in order to be designated by such provider as the
individual responsible for CNE.
(g) Criteria for evaluating out-of-state schools. For the purpose of
determining whether an applicant for licensure who is a graduate of a
school of professional or practical nursing located outside this state
meets the requirements of K.S.A. 65-1115(a)(2), and amendments
thereto or the requirements of K.S.A. 65-1116(a)(2), and amendments
thereto, as appropriate, the board by rules and regulations shall
establish criteria for determining whether a particular school of
professional nursing located outside this state maintains standards
which that are at least equal to schools of professional nursing that are
approved by the board and whether a particular school of practical
nursing located outside this state maintains standards that are at least
equal to schools of practical nursing that are approved by the board.
The board may send a questionnaire developed by the board to any
school of professional or practical nursing located outside this state for
which the board does not have sufficient information to determine
whether the school meets the standards established under this
subsection. The questionnaire providing the necessary information shall
be completed and returned to the board in order for the school to be
considered for approval. The board may contract with investigative
agencies, commissions or consultants to assist the board in obtaining
information about schools. In entering such contracts the authority to
approve schools shall remain solely with the board.
(h) The board may accept nationally accredited schools of nursing
as defined in rule and regulation.
(1) Schools of nursing that have received accreditation from a
board recognized national nursing accreditation agency shall file
evidence of initial accreditation with the board and shall file all reports
from the accrediting agency and any notice of any change in school
accreditation status. The board may grant approval based upon
evidence of such accreditation.
(2) Schools of nursing holding approval based upon national
accreditation are also responsible for complying shall also comply with
all other requirements as determined by rules and regulations of the
board.
(3) The board may grant approval to a school of nursing with
national accreditation for a continuing period of not to exceed 10 years.
Sec. 15. K.S.A. 71-1414, as amended by section 10 of 2026
Senate Bill No. 260, is hereby amended to read as follows: 71-1414. (a)
(1) In college districts where a district method of election is in effect, a
person may become a candidate for election to trustee of a community
college by any one of the following methods:
(A) Any person who is an elector of any member district may
petition to be a candidate for member from the member district in
which such person resides. Any such person shall file with the election
officer a petition for such person's candidacy signed by not fewer than
50 electors residing in such person's member district.
(B) Any person who is an elector of any member district may
become a candidate for member from the member district in which
such person resides by filing with the election officer a declaration of
intent to be such a candidate, and payment therewith of a filing fee in
the amount of $20.
(C) If a community college adopts and implements a seven
member board of trustees plan, any person who is an elector of the
college district may petition to be a candidate for the at-large member
position. Any such person shall file with the county election officer a
petition for such candidacy signed by not fewer than 50 electors
residing in such college district.
(D) If a community college adopts and implements a seven
member board of trustees plan, any person who is an elector of the
college district may become a candidate for the at-large member
HOUSE BILL No. 2029—page 45
position by filing with the county election officer a declaration of intent
to be such a candidate, and payment therewith of a filing fee in the
amount of $20.
(2) Every petition or declaration of intent filed under this
subsection shall specify the member position for which the person is a
candidate.
(b) In college districts where the election-at-large method of
election is in effect, a person may become a candidate for election to
trustee of a community college by either one of the following methods:
(1) Any person who is an elector of the college district may
petition to be a candidate for trustee. Any such person shall file with the
election officer a petition for such person's candidacy signed by not
fewer than 50 electors residing in the college district.
(2) Any person who is an elector of the college district may
become a candidate for trustee by filing with the election officer a
declaration of intent to be such a candidate, and payment therewith of a
filing fee in the amount of $20.
(c) (1) Every petition or declaration of intent filed under this
section shall be filed on or before 12:00 p.m. on June 1 of each odd-
numbered year as provided in K.S.A. 25-205 and 25-21a03, and
amendments thereto. No candidate shall be permitted to withdraw from
candidacy after the filing deadline, except that a candidate shall be
withdrawn from an election if:
(A) The candidate certifies to the county election officer that such
candidate is withdrawing because of severe medical hardship on the
candidate or the candidate's immediate family. Such candidate shall
send the county election officer a certification of the severe medical
hardship signed by a physician; or
(B) the candidate certifies to the county election officer that such
candidate no longer resides in the district for which the candidate filed
for office.
(2) If the county election officer receives a certification as
described in subparagraph (1) on or before the September 1 of the year
of the election, such candidate's name shall be withdrawn and shall not
be printed on the ballots.
(3) If a candidate dies on or before September 1 of the year of the
election, such candidate's name shall be withdrawn and shall not be
printed on the ballots.
(d) Any person who is a candidate for nomination or election to
the office of community college trustee, at the time of election or
appointment, and during the term of office, shall be and must remain a
qualified elector who resides in the member or at-large district. Failure
to remain a qualified elector residing in the member or at-large district
shall constitute an immediate vacancy in the candidacy or office.
Sec. 16. K.S.A. 2025 Supp. 72-3123, as amended by section 3 of
2025 House Bill No. 2320, is hereby amended to read as follows: 72-
3123. (a) The board of education of any school district shall permit
nonresident students to enroll in and attend the schools of the district if
such school district has open seats as determined pursuant to this
section.
(b) Each school district shall determine capacity in each school of
the school district for the following school year as follows:
(1) For kindergarten and grades one through eight, the classroom
student-teacher ratio in each grade level; and
(2) for grades nine through 12, the student-teacher ratio for each
school building or program in each school building, including, but not
limited to, advanced placement or international baccalaureate
programs.
(c) (1) On or before May 1 of each year, each school board shall
determine for each grade level in each school building of the school
district for the next succeeding school year the:
(A) Capacity as determined pursuant to subsection (b);
(B) number of students expected to attend school in the school
HOUSE BILL No. 2029—page 46
district; and
(C) number of open seats available to nonresident students.
(2) On or before June 1 of each year, each school district shall
publish on such school district's website the number of open seats
available to nonresident students in each grade level for each school
building of the school district for the next succeeding school year.
(3) From January 1 through June 15, each school district shall
accept applications from nonresident students who are seeking to enroll
in and attend the school district in the next succeeding school year.
Applications shall be on a form and in a manner determined by the
school district.
(4) If the number of applications for a grade level in a school
building is less fewer than the number of available seats for such grade
level in such school building, the nonresident students shall be accepted
for enrollment and attendance at such school district. If the number of
applications for a grade level in a school building is greater than the
number of available seats for such grade level in such school building,
the school district shall randomly select nonresident students using a
confidential lottery process. Such process shall be completed on or
before July 15 of each year.
(5) The school district shall provide to the parent or person acting
as parent of a nonresident student who was not accepted for or denied
enrollment at such school district the reason for the nonacceptance or
denial and an explanation of the nonresident student selection process
on or before July 30 of each year.
(6) If a school district denies an application of a nonresident
student due to the school district deeming the nonresident student as not
in good standing, the parent or person acting as parent of such student
may appeal such denial to the school district board of education.
(d) (1) Subject to capacity, school districts shall give priority to
any sibling of a nonresident student who is enrolled in and attending
such school district or who is accepted to enroll in and attend such
school district. Priority shall be given when the nonresident student is
first accepted and, if necessary, at any other time the school district
considers transfer applications. Any such sibling shall not be subject to
the open seat open-seat lottery.
(2) Subject to capacity, school districts shall give priority to any
nonresident student who is a military student as defined in K.S.A. 72-
5139, and amendments thereto. Priority shall be given when the
military student is first accepted and, if necessary, at any other time the
school district considers transfer applications. Any such military
student shall not be subject to the open seat open-seat lottery.
(3) Any child in the custody of the secretary for children and
families who has attained the age of eligibility for school attendance
shall be permitted to:
(A) Enroll in and attend school in any school district of the state;
or
(B) remain enrolled in and continue attending the child's school of
origin.
(4) Any nonresident student who has a parent or person acting as
parent employed by a school district shall be permitted to enroll in and
attend such school district as if the student is were a resident of the
school district. Any such student shall not be subject to the open-seat
lottery established pursuant to subsection (c) when enrolling in and
attending the school district where the parent or person acting as parent
is employed.
(5) Any foreign exchange student who resides, or will reside, with
a host family may be permitted to enroll in and attend the host family's
resident school district as if the student were a resident of the school
district. Any such student shall not be subject to the open-seat lottery
established pursuant to subsection (c) when enrolling in and attending
the host family's resident school district.
(6) Any child who is experiencing homelessness shall be
HOUSE BILL No. 2029—page 47
permitted to enroll in and attend the school district of origin or the
school district of residence.
(e) A school district shall not:
(1) Charge tuition or fees to any nonresident student who transfers
to such school district pursuant to this section except fees that are
otherwise charged to every student enrolled in and attending school in
the district; or
(2) accept or deny a nonresident student transfer based on
ethnicity, national origin, gender, income level, disabling condition,
proficiency in the English language, measure of achievement, aptitude
or athletic ability.
(f) (1) A nonresident student accepted for enrollment and
attendance at a receiving school district on or after June 1, 2024, shall
be permitted to continue such enrollment and attendance in such school
district until such student graduates from high school, unless such
student is deemed as no longer in good standing pursuant to subsection
(g).
(2) A nonresident student who was enrolled in and attended a
school district of nonresidence during school year 2023-2024 shall be
permitted to continue such enrollment and attendance in such school
district until such student graduates from high school, unless such
student is deemed as no longer in good standing pursuant to subsection
(g).
(3) A nonresident student who was enrolled in and attended a
school district of residence during school year 2023-2024 shall be
permitted to continue such enrollment and attendance in such school
district until such student graduates from high school, unless such
student is deemed as no longer in good standing pursuant to subsection
(g).
(g) A receiving school district may deem any nonresident student
as not in good standing in accordance with such school district's
nonresident transfer policy, including any nonresident student who has
not previously attended or been enrolled in the receiving school district.
If a school district deems a nonresident student as not in good standing,
such school district may deny such student's enrollment or continued
enrollment in the school district. Prior to making any determination to
deem a nonresident student as not in good standing, a district shall
consider a student's status as a homeless child and the resulting factors
of homelessness on such student's standing.
(h) A student may always enroll at any time in the school district
where such student resides.
(i) Except for a child in the custody of the secretary for children
and families or a child who is experiencing homelessness, a
nonresident student shall not transfer more than once per school year to
one or more receiving school districts pursuant to the provisions of this
section.
(j) (1) Neither a resident school district nor a receiving school
district shall be required to provide transportation to nonresident
students unless otherwise required by applicable law. If space is
available on school district transportation vehicles, a school district
may provide nonresident students an in-district bus stop where
transportation may be provided by such school district to and from such
bus stop and the school for such nonresident students.
(2) A school district shall ensure that transportation for
nonresident homeless students is provided comparably to that of
housed students.
(3) If the secretary for children and families changes the
placement of a child from one school district to another school district
or across a school boundary within the same district, and determines
that it is in the best interests of the child to remain enrolled in and
attending the school of origin, the affected school district and the
secretary shall coordinate to develop a transportation plan to get the
child to and from such school of origin. Such plan shall address the
HOUSE BILL No. 2029—page 48
availability and cost of such transportation, including how such costs
shall be reimbursed by the secretary, paid by the school district or
shared between both parties. When developing such transportation
plan, consideration shall be given to the:
(A) Age, maturity and behavioral capacity of the child;
(B) type of transportation available;
(C) flexibility in the school schedule;
(D) the effect of extracurricular activities on transportation
options;
(E) traffic routes and patterns; and
(F) individualized needs of the child.
(k) (1) Each school district board of education shall submit
annually to the state department of education the school district's policy
adopted pursuant to K.S.A. 2025 Supp. 72-3126, and amendments
thereto, the number of nonresident student transfers approved and
denied by such board in each grade level and whether the denials were
based on capacity or in accordance with the policy adopted pursuant to
K.S.A. 2025 Supp. 72-3126, and amendments thereto. The state
department of education shall collect and report such data on such
department's website and make such data available to the legislative
division of post audit.
(2) The provisions of this subsection shall expire on July 1, 2033.
(l) (1) Each year, the state department of education, as part of the
department's enrollment audit, shall audit the nonresident student
capacity and enrollment.
(2) In calendar year 2027, subject to a request made by the house
standing committee on K-12 education budget or the senate standing
committee on education, or any successor committees, the legislative
post audit committee shall direct the legislative division of post audit to
conduct an audit of nonresident student transfers pursuant to this
section. If requested, such audit shall be reported to the legislative post
audit committee on or before January 15, 2028, and subsequently
presented to the house standing committee on K-12 education budget
and the senate standing committee on education, or any successor
committees.
(m) Nothing in this section shall be construed to exempt any
nonresident student who transfers to a receiving school district pursuant
to this section from the policies and requirements of the activities
association referred to in K.S.A. 72-7114, and amendments thereto.
(n) The provisions of this section shall not apply to any:
(1) School located on a military installation as defined in K.S.A.
72-8268, and amendments thereto; or
(2) virtual school as defined in K.S.A. 72-3712, and amendments
thereto.
Sec. 17. K.S.A. 2025 Supp. 72-3262, as amended by section 4 of
2026 House Bill No. 2485, is hereby amended to read as follows: 72-
3262. (a) This section shall be known and may be cited as the every
child can read act.
(b) The legislature hereby affirms that third grade marks a pivotal
grade level in which students must attain proficiency in reading or risk
continued learning losses throughout their academic career. To ensure
that all students move toward grade-level proficiency in literacy,
especially by the third grade level, the board of education of each
school district shall provide opportunities for students to participate in
targeted educational interventions to promote proficiency in literacy.
Reading literacy shall be attained through the science of reading and
evidence-based reading instruction and shall include such competencies
as may be necessary to attain reading proficiency. The necessary
competencies, best practices and screening tools used by school
districts shall follow the framework of the dyslexia handbook
developed by the state department of education. To ensure that such
competencies are achieved, the board of education of each school
district shall include as part of instruction in literacy:
HOUSE BILL No. 2029—page 49
(1) Phonics, phonological and phonemic awareness;
(2) vocabulary development;
(3) silent and oral reading fluency; and
(4) reading comprehension.
(c) To promote the goals of the every child can read act, the board
of education of each school district shall:
(1) Measure student achievement by participation in the state
assessment program, use of a single statewide universal screening tool
recommended in the comprehensive literacy implementation plan
submitted to the state board of education that is due on June 1, 2026,
and implemented for the 2027-2028 school year and through other
universal screening and assessment tools that are approved by a board
of education of a school district or by the state department of education;
(2) provide targeted and tiered interventions that are designed to
match a student's individual deficiencies through additional contact
hours with such student, including, but not limited to, one-on-one
instruction, small group instruction, tutoring and summer school
programs for all students and especially for those students who are at
and below the third grade level who are identified as having a literacy
deficit; and
(3) ensure that the teacher of each third grade student
communicates with the parent or guardian of each such student to
provide information on the student's literacy proficiency or deficiencies
and any recommended interventions for such student to achieve
proficiency. Such communication shall occur at least once during the
fall semester and once during the spring semester. When a teacher
provides the communications required pursuant to this paragraph, each
such communication shall provide the parent or guardian with:
(A) A summary of the every child can read act and the literacy
goals of the act;
(B) any assessment data relating to literacy that pertains to the
student;
(C) any recommended interventions for the student; and
(D) how the school district tracks the outcomes of any such
interventions.
(d) (1) On or before June 30 of each school year, each school
district shall report to the state department of education on the school
district's implementation of the every child can read act, the
interventions that the school district is using to attain the goals of such
act and the resulting outcomes of such interventions. Such report shall
include:
(A) The number of third grade students in such school district;
(B) the screening and assessment data from at least the preceding
two school years that the school district is using as a baseline to
evaluate student progress in literacy;
(C) the percentage of students that are proficient, moving toward
proficiency or deficient, with percentages provided for all students and
student subgroups;
(D) the number of students in prekindergarten through grade eight
who performed in the high-risk category on the fall screening measure;
(E) the number of students in kindergarten through grade three
with an individual student literacy plan beginning in school year 2027-
2028; and
(F) the number of students in kindergarten through grade three
who exited the high-risk category or such student's individual student
literacy plan by the end of the school year beginning in school year
2027-2028.
(2) The state department of education shall compile such reports
and submit a summary report to the governor, the legislature, literacy
advisory committee and the state board of education on or before
October 1 of each year.
(3) The provisions of this subsection shall expire on July 1, 2032.
Sec. 18. K.S.A. 2025 Supp. 72-3574, as amended by section 7 of
HOUSE BILL No. 2029—page 50
2026 House Bill No. 2534, is hereby amended to read as follows: 72-
3574. (a) Each participating school district board of education shall
submit annually to the state board of education an at-risk student
accountability plan to attain at-risk student proficiency in accordance
with this section and to ensure the provision of programs and services
that are above and beyond regular education services to students who
are eligible for at-risk programs and services. Such plan shall be
submitted to the state board of education on a form and in the manner
required by the state board. The purpose of each school district's at-risk
student accountability plan is to:
(1) Demonstrate that the school district is using evidenced-based
instruction, as defined in K.S.A. 72-5153, and amendments thereto, for
the education of students who are identified as eligible to receive at-risk
programs and services;
(2) measure longitudinal academic improvement in a quantitative
manner;
(3) establish quantitative student academic improvement goals for
certain identified student cohort groups and strive to meet such goals
through the provision of evidence-based instruction that is provided to
such cohort groups above and beyond regular educational services;
(4) ensure that at-risk education fund moneys are expended in
accordance with the law by providing services above and beyond
regular education services; and
(5) continue the process of identifying certain student cohort
groups and providing evidence-based instruction above and beyond that
of a regular education to such identified student cohort groups until the
school district achieves the state board of education's goal to have 75%
of all students achieve proficiency by scoring at performance level 3 or
4 on the state assessments for English language arts and mathematics.
(b) Each at-risk student accountability plan shall identify not
fewer than one cohort group of students who are enrolled and attending
grade four each school year that such cohort group is required to be
identified and not fewer than one cohort group of students enrolled in
and attending kindergarten or any of the grades one through eight each
school year that such cohort group is required to be identified. Except
as provided in this subsection, for each grade level, the school district
shall identify any student cohort group that corresponds to one of the
subgroups identified for state assessment purposes. If two such student
cohort groups cannot be identified, such school district shall identify a
student cohort group who are identified as eligible to receive at-risk
educational programs and services pursuant to the same at-risk
identification criteria established pursuant to K.S.A. 72-5153a, and
amendments thereto. A school district shall not identify a cohort group
of students pursuant to this subsection if such cohort group is
comprised of 10 or fewer students. If no cohort group of students
comprising 11 or more students can be formed using any of the
subgroup descriptions provided in this subsection, the school district
shall consult with the state department of education to determine
appropriate alternative student cohort groups that are comprised of 11
or more students.
(c) (1) Each participating school district board of education shall
establish a four-year quantitative academic improvement goal for each
identified student cohort group in accordance with this subsection and
shall repeat such process every four years as provided in this section.
The academic improvement goal established for a cohort group
pursuant to this section shall be related to the achievement of academic
proficiency in the areas of English language arts or mathematics. Once
a school district establishes a four-year quantitative academic
improvement goal for a cohort group on the school district's at-risk
accountability plan, the school district shall not revise or revoke such
goal for such cohort group in order to meet or exceed such goal.
(2) To attain the four-year quantitative academic improvement
goal for each identified student cohort group, the school district board
HOUSE BILL No. 2029—page 51
of education shall identify and implement two through four targeted
supports or interventions for each identified student cohort group. Such
supports or interventions shall be selected from the state board of
education's list of approved at-risk educational programs established
pursuant to K.S.A. 72-5153, and amendments thereto. The purpose of
the targeted supports or interventions is to provide evidence-based
instruction above and beyond regular education services to the
identified student cohort group and evaluate whether such targeted
supports or interventions have a positive impact on academic
improvement. A school district board of education may select different
targeted supports or interventions for each identified student cohort
group and may change such targeted supports or interventions if the
chosen targeted supports or interventions are not having a positive
impact on academic improvement.
(d) (1) Each participating school district board of education shall
conduct a four-year or five-year longitudinal academic evaluation of
each student cohort group identified on the school district's at-risk
student accountability plan to evaluate whether such students improved
upon attainment of academic proficiency and met or exceeded the
quantitative academic improvement goal established by the school
district board of education.
(2) To evaluate whether the student cohort group that is first
identified in grade four pursuant to this section is achieving at a level
that is sufficient to meet or exceed the quantitative academic
improvement goal established for such cohort group, the school district
shall select and specify in the school district's at-risk accountability
plan not more than two quantitative measures to evaluate the cohort
group's achievement. One of such quantitative measures used by the
school district shall be the English language arts or mathematics state
assessment that corresponds to the quantitative academic improvement
goal for the student cohort group. The school district may choose one
additional quantitative measure to evaluate such cohort group's
progress from the list of approved quantitative measures in paragraph
(4).
(3) To evaluate whether the other student cohort group that is first
identified in kindergarten or any of the grades one through eight
pursuant to this section is achieving at a level that is sufficient to meet
or exceed the quantitative academic improvement goal established for
such cohort group, the school district shall select and specify on the
school district's at-risk accountability plan not more than two
quantitative measures to evaluate such cohort group's achievement. If
such identified student cohort group will take the English language arts
and mathematics state assessments in a school year that such cohort
group is evaluated pursuant to this section, the school district shall use
the appropriate state assessment to evaluate the cohort group's
achievement and may choose one additional quantitative measure to
evaluate such cohort group's progress from the list of approved
quantitative measures in paragraph (4). If such identified student cohort
group will not take the English language arts and mathematics state
assessments in a school year that such cohort group is evaluated, the
school district shall use one or two quantitative measures to evaluate
such cohort group's progress from the list of approved quantitative
measures in paragraph (4).
(4) Subject to the requirements of paragraphs (2) and (3), the
quantitative measures that a school district may use to evaluate whether
an identified student cohort group is achieving at a level that is
sufficient to meet or exceed the quantitative academic improvement
goal established for such cohort group shall only include the following:
(A) The English language arts or mathematics state assessment;
(B) a formative assessment approved by the state board of
education;
(C) a summative assessment approved by the state board of
education; or
HOUSE BILL No. 2029—page 52
(D) ACT or ACT workkeys assessments.
(e) If the identified student cohort group meets or exceeds the
quantitative academic improvement goal established for such cohort
group at the end of the four-year period, the school district board of
education shall repeat the process established pursuant to this section
by identifying another student cohort group, establishing a four-year
quantitative academic improvement goal for such cohort group and
conducting a four-year or five-year longitudinal academic evaluation of
such cohort group in accordance with this section.
(f) If the identified student cohort group does not meet or exceed
the quantitative academic improvement goal established for such cohort
group at the end of the four-year period:
(1) The state board of education shall deem such school district as
not meeting at-risk improvement requirements on the school district's
at-risk student achievement report published on the state board's
website pursuant to subsection (j) until such school district meets the
quantitative academic improvement goal established by the school
district board of education for the subsequent cohort group identified
pursuant to subsection (b) that replaces the cohort group that did not
meet or exceed the four-year longitudinal academic improvement goal;
(2) the school district board of education shall continue to evaluate
the longitudinal academic performance of such student cohort group for
one additional school year in accordance with this section; and
(3) the school district board of education shall repeat the process
established pursuant to this section by identifying another student
cohort group pursuant to subsection (b), establishing a four-year
quantitative academic improvement goal for such cohort group and
conducting a four-year or five-year longitudinal academic evaluation of
such cohort group in accordance with this section.
(g) (1) Commencing in school year 2030-2031, if an identified
student cohort group does not meet or exceed the quantitative academic
improvement goal established for such cohort group at the end of the
one additional school year that the school district is authorized to
evaluate such cohort group pursuant to subsection (f)(2),
notwithstanding the provisions of K.S.A. 72-5131 et seq., and
amendments thereto, the school district's at-risk student weighting and
high-density at-risk student weighting entitlements in the school year
following such one additional school year shall be determined and
adjusted by the state board as follows:
(A) If only one student cohort group identified on the school
district's at-risk accountability plan fails to meet or exceed the
quantitative academic improvement goal established by the school
district board of education at the end of the one additional school year
that the school district is authorized to evaluate such cohort group
pursuant to subsection (f)(2), the state board of education shall:
(i) Determine the BASE aid amount that was in effect in the final
year of the five-year evaluation period of such cohort group;
(ii) determine the difference between the BASE aid amount in the
current school year pursuant to K.S.A. 72-5132, and amendments
thereto, and the BASE aid amount determined pursuant to subsection
(g)(1)(A)(i);
(iii) multiply the amount determined pursuant to subsection (g)(1)
(A)(ii) by 0.50;
(iv) add the amount determined pursuant to subsection (g)(1)(A)(i)
to the amount determined pursuant to subsection (g)(1)(A)(iii); and
(v) multiply the sum determined pursuant to subsection (g)(1)(A)
(iv) by the school district's at-risk student weighting and high-density
at-risk student weighting determined pursuant to K.S.A. 72-5151, and
amendments thereto. The computed amount is the amount of state aid
attributable to the at-risk student weighting and high-density at-risk
weighting that the school district shall be entitled to receive in the
current school year; or
(B) if both student cohort groups identified on the school district's
HOUSE BILL No. 2029—page 53
at-risk accountability plan fail to meet or exceed the quantitative
academic improvement goals established by the school district board of
education at the end of the one additional school year that the school
district is authorized to evaluate such cohort groups pursuant to
subsection (f)(2), the state board of education shall:
(i) Determine the BASE aid amount that was in effect in the final
year of the five-year evaluation period of such cohort groups; and
(ii) multiply the amount determined pursuant to subsection (g)(1)
(B)(i) by the school district's at-risk student weighting and high-density
at-risk student weighting determined pursuant to K.S.A. 72-5151, and
amendments thereto. The computed amount is the amount of state aid
attributable to the at-risk student weighting and high-density at-risk
student weighting that the school district shall be entitled to receive in
the current school year; and
(2) commencing in school year 2030-2031, the state board of
education shall determine a school district's at-risk student weighting
and high-density at-risk student weighting entitlements pursuant to this
subsection for the school year following the one additional school year
that the school district is authorized to evaluate a cohort group pursuant
to subsection (f)(2) and in which the cohort group identified on the
school district's at-risk accountability plan fails to meet or exceed the
quantitative academic improvement goal established by the school
district board of education at the end of the five-year evaluation period
of such cohort group.
(h) Each participating school district board of education shall
continue to follow the school district's at-risk student accountability
plan and update the plan annually or as may be necessary to repeat the
process established pursuant to this section every four years by
identifying another student cohort group, establishing a four-year
quantitative academic improvement goal for such cohort group and
conducting a four-year or five-year longitudinal academic evaluation of
such cohort group in accordance with this section. Such process shall
continue until the school district achieves the state board of education's
goal to have 75% of all students who took the statewide assessments
during the preceding school year achieve academic proficiency by
scoring at performance level 3 or 4 on the statewide assessments in
both English language arts and mathematics.
(i) Commencing in school year 2026-2027, the provisions of
subsections (a) through (h) shall be implemented by all school districts,
including the school districts that participated in the pilot program
during the immediately two preceding school years. A school district
that participated in the pilot program may identify new student cohort
groups in such school year.
(j) (1) Each school district board of education shall submit
annually to the state board of education an at-risk student achievement
report on a form and in the manner established by the state board that
includes:
(A) Subject to the provisions of subsection (i), the school district's
at-risk student accountability plan to attain student proficiency
established in accordance with this section that includes the cohort
groups identified by the board of education of the school district and
the quantitative academic improvement goals established for such
cohort groups;
(B) subject to the provisions of subsection (i), the current progress
of the school district's plan to attain at-risk student proficiency and an
estimation of whether the school district expects to meet or exceed the
longitudinal academic improvement goals established by the school
district board of education pursuant to this section;
(C) the expenditures made from the school district's at-risk
education fund;
(D) the at-risk educational programs, services and resources and
the provisional at-risk educational programs that the school district is
using to support student achievement for students identified as eligible
HOUSE BILL No. 2029—page 54
to receive at-risk program services and the targeted supports and
interventions from the state board of education's list of approved at-risk
educational programs that the school district is using to provide
evidence-based instruction above and beyond regular education
services to achieve the longitudinal academic improvement goals
established for each cohort group;
(E) the number of students identified as eligible to receive at-risk
or provisional at-risk educational programs and services who were
served or provided assistance under the school district's approved at-
risk program; and
(F) the data and research that the school district utilized to
determine what programs and services are needed to implement the
district's approved at-risk program.
(2) Each school district may provide a supplemental narrative to
accompany the school district's at-risk student achievement report to
provide information regarding annual progress reports or reasons why
the school district was able to meet or not meet the longitudinal
academic improvement goals established for each cohort group
identified on the school district's at-risk student accountability plan
pursuant to this section.
(3) To achieve uniform reporting of the number of students who
are provided at-risk programs and services above and beyond that of a
regular education, school districts shall report the information required
pursuant to this subsection in a uniform manner required by the state
board.
(k) Commencing in school year 2026-2027, the state board of
education shall publish the plans and reports submitted by all school
districts on the state board of education's website through the link on
the state department of education's website homepage titled
"accountability reports" with such reports published under a link titled
"school district at-risk student accountability plans and reports."
Commencing in school year 2026-2027, each school district board of
education shall publish the school district's report on the school
district's website and provide a link to the state department of
education's website where all such reports are displayed.
(l) (1) On or before January 31 each year, the state department of
education shall prepare and present a summary of the reports submitted
pursuant to subsection (j) to the house of representatives standing
committee on K-12 education budget and the senate standing
committee on education or any successor committees.
(2) The provisions of this subsection shall expire on July 1, 2033.
(m) As used in this section, "longitudinal" means the repeated
examination and progress monitoring of the same individuals of a
particular cohort group of students over a period of time.
Sec. 19. K.S.A. 2025 Supp. 72-5170, as amended by section 7 of
2026 House Bill No. 2299, is hereby amended to read as follows: 72-
5170. (a) (1) In order to accomplish the mission for Kansas education,
the state board shall design and adopt a school district accreditation
system based upon improvement in performance that equals or exceeds
the educational goal set forth in K.S.A. 72-3218(c), and amendments
thereto, and is measurable. The state board shall hold all school districts
accountable through the Kansas education systems accreditation rules
and regulations, or any successor accreditation system and
accountability plan adopted by the state board. The state board also
shall ensure that all school districts and the public schools operated by
such districts have programs and initiatives in place for providing those
educational capacities set forth in K.S.A. 72-3218(c), and amendments
thereto. On or before January 15 of each year , 2027, and on or before
each January 15 thereafter until January 15, 2031, the state board shall
prepare and submit a report on the school district accreditation system
to the governor and the legislature.
(2) The accountability measures established pursuant to paragraph
(1) shall be applied both at the district level and at the school level.
HOUSE BILL No. 2029—page 55
Such accountability measures shall be reported by the state board for
each school district and each school. All reports prepared pursuant to
this section shall be published in accordance with K.S.A. 2025 Supp.
72-1181, and amendments thereto.
(3) If a school district is not fully accredited and a corrective
action plan is required by the state board, such corrective action plan,
and any subsequent reports prepared by the state board regarding the
progress of such school district in implementing and executing such
corrective action plan, shall be published on the state department of
education's internet website and such school district's internet website
in accordance with K.S.A. 2025 Supp. 72-1181, and amendments
thereto.
(4) If a school district is not accredited, the superintendent, or the
superintendent's designee, shall appear before the committee on
education of the house of representatives and the committee on
education of the senate during the regular legislative session that occurs
during the same school year when such school district is not accredited.
Such school district shall provide a report to such committees on the
challenges and obstacles that are preventing such school district from
becoming accredited.
(5) Any nonpublic school operating in Kansas may voluntarily
seek accreditation by the state board of education. Any nonpublic
school accredited by the state board of education may also be
accredited by a regional or national accrediting agency. Each nonpublic
school accredited by a regional or national accrediting agency
recognized by the state board of education shall be entitled to the same
rights as nonpublic schools accredited by the state board of education.
Accrediting agencies recognized by the state board of education on or
before March 1, 2026, shall not lose such recognition unless approved
by the legislature.
(b) The state board shall establish curriculum standards that reflect
high academic standards for the core academic areas of mathematics,
science, reading, writing and social studies. The curriculum standards
may be reviewed at least every seven years. The state board shall not
substantially revise or update the English language arts or mathematics
curriculum standards that are in effect on July 1, 2024, in a manner that
would necessitate the development of new statewide assessments in
English language arts or mathematics until the state board's long-term
goal for all students submitted to the United States department of
education in the consolidated state plan is achieved such that 75% of all
students score in performance levels 3 and 4 combined on the statewide
assessments in English language arts and mathematics by 2030.
Nothing in this subsection shall be construed in any manner so as to
impinge upon any school district's authority to determine its own
curriculum.
(c) (1) The state board shall provide for statewide assessments in
the core academic areas of mathematics, science, reading, writing and
social studies. The board shall ensure compatibility between the
statewide assessments and the curriculum standards established
pursuant to subsection (b). Such assessments shall be administered at
three grade levels, as determined by the state board. The state board
shall determine performance levels on the statewide assessments, the
achievement of which represents high academic standards in the
academic area at the grade level to which the assessment applies. The
state board should specify high academic standards both for individual
performance and school performance on the assessments.
(2) (A) On or before January 15 of each year, the state board shall
prepare and submit to the legislature a report on students who take the
statewide assessments. Such report shall include:
(i) The number of students and such number expressed as a
percentage of the total number of students who took the statewide
assessments during the immediately preceding school year
disaggregated by core academic area and by grade level; and
HOUSE BILL No. 2029—page 56
(ii) the percentage of students who took the statewide assessments
in grade 10 who, two years after graduating from high school, obtained
some postsecondary education disaggregated by statewide assessment
achievement level.
(B) When such information becomes available, or as soon
thereafter as practicable, the state board shall publish the information
required for the report under subparagraph (A) on the website of the
state department of education and incorporate such information in the
performance accountability reports and longitudinal achievement
reports required under K.S.A. 2025 Supp. 72-5178, and amendments
thereto.
(C) The provisions of this paragraph shall expire on July 1, 2029.
(d) Each school year, on such date as specified by the state board,
each school district shall submit the Kansas education system
accreditation report to the state board in such form and manner as
prescribed by the state board.
(e) Whenever the state board determines that a school district has
failed either to meet the accreditation requirements established by rules
and regulations or standards adopted by the state board or provide
curriculum based on state standards and courses required by state law,
the state board shall so notify the school district. Such notice shall
specify the accreditation requirements that the school district has failed
to meet and the curriculum that it has failed to provide. Upon receipt of
such notice, the board of education of such school district is
encouraged to reallocate the resources of the school district to remedy
all deficiencies identified by the state board.
(f) Each school in every school district shall establish a school site
council composed of the principal and representatives of teachers and
other school personnel, parents of students attending the school, the
business community and other community groups. School site councils
shall be responsible for providing advice and counsel in evaluating
state, school district, and school site performance goals and objectives
and in determining the methods that should be employed at the school
site to meet these goals and objectives. Site councils may make
recommendations and proposals to the school board regarding
budgetary items and school district matters, including, but not limited
to, identifying and implementing the best practices for developing
efficient and effective administrative and management functions. Site
councils also may help school boards analyze the unique environment
of schools, enhance the efficiency and maximize limited resources,
including outsourcing arrangements and cooperative opportunities as a
means to address limited budgets.
Sec. 20. K.S.A. 2025 Supp. 72-5178, as amended by section 1 of
2026 House Bill No. 2482, is hereby amended to read as follows: 72-
5178. (a) On or before January 15 of each year, the state department of
education shall prepare and digitally update on the website of the state
department of education the performance accountability reports and
longitudinal achievement reports upon all students enrolled in any
public school or accredited nonpublic school in the state, each school
district, each school operated by a school district and each accredited
nonpublic school.
(b) Each performance accountability report shall be prepared in a
single-page format containing the information that is required to be
reported under the federal elementary and secondary education act, as
amended by the federal every student succeeds act, public law 114-95,
or any successor federal acts, and the college and career readiness
metrics developed and implemented by the state board. The report shall
use the categories for achievement identified under the federal every
student succeeds act, public law 114-95, or any successor achievement
categories. All categories and metrics included in the report shall be
clearly defined.
(c) Each longitudinal achievement report shall provide the
achievement rates on the state assessments for English language arts,
HOUSE BILL No. 2029—page 57
math and science for all students and each student subgroup and the
change in achievement rate year-over-year starting with the school year
in which the state board first implemented new achievement standards
on such state assessments.
(d) On or before January 15 of each year, the state department of
education shall prepare written academic achievement reports to
provide a summary of student achievement in this state and shall
submit such reports to the governor and the legislature. Such written
academic achievement reports shall:
(1) Provide a statewide summary of the performance
accountability reports and longitudinal achievement reports prepared
pursuant to this section. Such summary report shall provide:
(A) Achievement data from the English language arts assessments
and math assessments over the preceding five years for all students and
student subgroups to show whether there are statewide trends in
academic improvement or learning loss among all students and student
subgroups;
(B) a comparison to any other evaluation metric used by the state
board of education to evaluate student achievement such as college and
career readiness measurements or graduation rates;
(C) a comparison to other educational assessments that measure
academic performance such as the national assessment of educational
progress;
(D) an analysis of the trends in student achievement outcomes and
a review of conditions that are impacting recent student achievement
outcomes;
(E) a review of the academic interventions that school districts are
using to improve student performance, whether the state board of
education has any specific recommendations regarding academic
interventions to improve academic achievement and an estimation of
the academic achievement gains that can be expected from such
interventions; and
(F) a summary of the performance levels and the scale and cut
scores for the statewide assessments and how such information should
be used to draw conclusions about student achievement; and
(2) provide a student-focused longitudinal achievement report that
provides information on the academic achievement of certain student
cohort groups to show the achievement gains or learning losses that are
occurring for such students. Such report shall begin with the students
who are entering grade three and grade eight in school year 2022-2023.
The report shall summarize the longitudinal achievement of such
students over a three-year period and shall be repeated every three
years for the students entering such grade levels. The longitudinal
report shall provide:
(A) A summary of the improvement or learning loss that is
occurring within such student cohort groups over such three-year
period for all such students and the student subgroups;
(B) an analysis of the evaluations and metrics that are used to
measure the year-over-year achievement of such student cohort groups;
(C) a review of the academic interventions that school districts are
using to improve student performance within such student cohort
groups, whether the state board of education has any specific
recommendations regarding academic interventions to improve
academic achievement and an estimate of the academic achievement
gains that can be expected from such interventions; and
(D) the achievement results from the English language arts
assessments and math assessments for such student cohort groups and
any other assessment data pertaining to such student cohort groups,
including, but not limited to, the national assessment for educational
progress and any nationally recognized college readiness assessment or
associated preparatory assessment.
(3) The provisions of this subsection shall expire on July 1, 2032.
(e) All reports prepared pursuant to this section shall be published
HOUSE BILL No. 2029—page 58
in accordance with K.S.A. 2025 Supp. 72-1181, and amendments
thereto.
Sec. 21. K.S.A. 2025 Supp. 72-5179, as amended by section 2 of
2026 House Bill No. 2482, is hereby amended to read as follows: 72-
5179. (a) (1) The state board of education shall provide:
(A) A nationally recognized college entrance exam that measures
the math, science and reading and writing skills of each student
enrolled in grades 11 and 12;
(B) the pre-college entrance exam that is aligned with such
nationally recognized college entrance exam to each student enrolled in
grade nine; and
(C) a career readiness assessment or a series of career readiness
assessments that lead to a nationally recognized credential to each
student enrolled in grade 11.
(2) No student shall be required to pay any fees or costs to take
any such exam or assessments. The state board shall not be required to
provide more than one exam and three assessments for each student.
The state board of education may enter into any contracts that are
necessary to promote statewide cost savings to administer such exams
and assessments.
(b) The Kansas department of education and each school district
shall annually publish on their websites the times, dates and locations
of the pre-college entrance exam, the college entrance exam and the
career readiness assessments that are offered in Kansas and information
for students on how to register for such exams or assessments.
(c) Participation in the pre-college entrance exam, the college
entrance exam or the career readiness assessment shall be optional.
Nothing in this section shall be construed to require any student to
participate in such exams or assessments.
(d) Each postsecondary educational institution shall adopt and
implement a policy to use a platinum, gold or silver credential earned
through the ACT workkeys assessments, or other similar credential
earned through a similar career readiness assessment, as transferable
credit toward the attainment of a postsecondary technical degree. Such
transferability shall be based on the recommendations of the American
council on education national guide.
(e) (1) On or before the first day of each regular legislative
session, the state board of education shall prepare and submit a report
to the senate standing committee on education and the house standing
committee or any successor committees on education that includes the
aggregate exam and assessment data for all students who were provided
the exams and assessments pursuant to this section.
(2) The provisions of this subsection shall expire on July 1, 2032.
(e)(f) As used in this section,:
(1) "Postsecondary educational institution" means the same as
defined in K.S.A. 74-3201b, and amendments thereto; and
(2) "student" means any person who is regularly enrolled in any
public school or accredited nonpublic school located in Kansas.
Sec. 22. K.S.A. 2025 Supp. 77-421, as amended by section 12 of
2026 Senate Bill No. 459, is hereby amended to read as follows: 77-
421. (a) (1) Except as provided by subsection (a)(2), (a)(3) or (a)(4),
prior to the adoption of any permanent rule and regulation or any
temporary rule and regulation that is required to be adopted as a
temporary rule and regulation in order to comply with the requirements
of the statute authorizing the same and after any such rule and
regulation has been approved by the secretary of administration, the
attorney general and, if required, the director of the budget, the
adopting state agency shall give at least 60 days' notice of its intended
action in the Kansas register and to the secretary of state and to the
joint committee on administrative rules and regulations established by
K.S.A. 77-436, and amendments thereto. The notice shall be provided
to the secretary of state and to the chairperson, vice chairperson,
ranking minority member of the joint committee and legislative
HOUSE BILL No. 2029—page 59
research department and shall be published in the Kansas register. A
complete copy of all proposed rules and regulations and the complete
economic impact statement required by K.S.A. 77-416, and
amendments thereto, shall accompany the notice sent to the secretary of
state. The notice shall contain:
(A) A summary of the substance of the proposed rules and
regulations;
(B) a summary of the economic impact statement indicating the
estimated economic impact on governmental agencies or units, persons
subject to the proposed rules and regulations and the general public;
(C) a summary of the environmental benefit statement, if
applicable, indicating the need for the proposed rules and regulations;
(D) the address where a complete copy of the proposed rules and
regulations, the complete economic impact statement, the
environmental benefit statement, if applicable, required by K.S.A. 77-
416, and amendments thereto, may be obtained;
(E) the time and place of the public hearing to be held; the manner
in which interested parties may present their views; and
(F) a specific statement that the period of 60 days' notice
constitutes a public comment period for the purpose of receiving
written public comments on the proposed rules and regulations and the
address where such comments may be submitted to the state agency.
Publication of such notice in the Kansas register shall constitute notice
to all parties affected by the rules and regulations.
(2) Prior to adopting any rule and regulation that establishes
seasons and fixes bag, creel, possession, size or length limits for the
taking or possession of wildlife and after such rule and regulation has
been approved by the secretary of administration and , the attorney
general and, if required, the director of the budget , the secretary of
wildlife and parks shall give at least 30 days' notice of its intended
action in the Kansas register and to the secretary of state and to the
joint committee on administrative rules and regulations created
pursuant to K.S.A. 77-436, and amendments thereto. All other
provisions of subsection (a)(1) shall apply to such rules and
regulations, except that the statement required by subsection (a)(1)(F)
shall state that the period of 30 days' notice constitutes a public
comment period on such rules and regulations.
(3) Prior to adopting any rule and regulation that establishes any
permanent prior authorization on a prescription-only drug pursuant to
K.S.A. 39-7,120, and amendments thereto, or which concerns coverage
or reimbursement for pharmaceuticals under the pharmacy program of
the state medicaid plan, and after such rule and regulation has been
approved by the director of the budget, the secretary of administration
and, the attorney general and, if required, the director of the budget, the
secretary of health and environment shall give at least 30 days' notice
of its intended action in the Kansas register and to the secretary of state
and to the joint committee on administrative rules and regulations
created pursuant to K.S.A. 77-436, and amendments thereto. All other
provisions of subsection (a)(1) shall apply to such rules and
regulations, except that the statement required by subsection (a)(1)(F)
shall state that the period of 30 days' notice constitutes a public
comment period on such rules and regulations.
(4) Prior to adopting any rule and regulation pursuant to
subsection (c), the state agency shall give at least 60 days' notice of its
intended action in the Kansas register and to the secretary of state and
to the joint committee on administrative rules and regulations created
pursuant to K.S.A. 77-436, and amendments thereto. All other
provisions of subsection (a)(1) shall apply to such rules and
regulations, except that the statement required by subsection (a)(1)(F)
shall state that the period of notice constitutes a public comment period
on such rules and regulations.
(b) (1) On the date of the hearing, all interested parties shall be
given reasonable opportunity to present their views or arguments on
HOUSE BILL No. 2029—page 60
adoption of the rule and regulation, either orally or in writing. At the
time it that a state agency adopts or amends a rule and regulation, the
such state agency shall prepare a concise statement of the principal
reasons for adopting the rule and regulation or amendment thereto, as
part of the hearing record required by K.S.A. 77-421(d), and
amendments thereto, including:
(A) The agency's reasons for not accepting substantial arguments
made in testimony and comments; and
(B) the reasons for any substantial change between the text of the
proposed adopted or amended rule and regulation contained in the
published notice of the proposed adoption or amendment of the rule
and regulation and the text of the rule and regulation as finally adopted.
(2) Whenever a state agency is required by any other statute to
give notice and hold a hearing before adopting, amending, reviving or
revoking a rule and regulation, the state agency, in lieu of following the
requirements or statutory procedure set out in such other law, may give
notice and hold hearings on proposed rules and regulations in the
manner prescribed by this section.
(3) Notwithstanding the other provisions of this section, the
prisoner review board and the secretary of corrections may give notice
or an opportunity to be heard to any inmate in the custody of the
secretary with regard to the adoption of any rule and regulation.
(c) (1) The agency shall initiate new rulemaking proceedings
under this act, if a state agency proposes to adopt a final rule and
regulation that:
(A) Differs in subject matter or effect in any material respect from
the rule and regulation as originally proposed; and
(B) is not a logical outgrowth of the rule and regulation as
originally proposed.
(2) For the purposes of this provision, a rule and regulation is not
the logical outgrowth of the rule and regulation as originally proposed
if a person affected by the final rule and regulation was not put on
notice that such person's interests were affected in the rule making.
(d) (1) When, pursuant to this or any other statute, a state agency
holds a hearing on the adoption of a proposed rule and regulation, the
agency shall cause written minutes or other records, including a record
maintained on sound recording tape or on any electronically accessed
media or any combination of written or electronically accessed media
records of the hearing to be made. If the proposed rule and regulation is
adopted and becomes effective, the state agency shall maintain, for not
less than three years after its effective date, such minutes or other
records, together with any recording, transcript or other record made of
the hearing and a list of all persons who appeared at the hearing and
who they represented, any written testimony presented at the hearing
and any written comments submitted during the public comment
period.
(2) If a public hearing was held prior to the adoption of the rule
and regulation, a state agency, at the time of filing a rule and
regulation with the secretary of state, shall include, as a part of the
adoption certificate or a separate document, a statement specifying the
time and place at which the hearing was held and the number of
members of the public in attendance at such hearing.
(e) No rule and regulation shall be adopted by a board,
commission, authority or other similar body except at a meeting which
is open to the public and notwithstanding any other provision of law to
the contrary, no rule and regulation shall be adopted by a board,
commission, authority or other similar body unless it receives approval
by roll call vote of a majority of the total membership thereof.
Sec. 23. K.S.A. 2025 Supp. 79-32,110 is hereby amended to read
as follows: 79-32,110. (a) Resident individuals. Except as otherwise
provided by K.S.A. 79-3220(a), and amendments thereto, a tax is
hereby imposed upon the Kansas taxable income of every resident
individual, which tax shall be computed in accordance with the
HOUSE BILL No. 2029—page 61
following tax schedules unless otherwise modified pursuant to K.S.A.
2025 Supp. 79-32,110c, and amendments thereto:
(1) Married individuals filing joint returns.
(A) For tax years 2018 through 2023:
If the taxable income is: The tax is:
Not over $30,000........................................... 3.1% of Kansas taxable
income
Over $30,000 but not over $60,000............... $930 plus 5.25% of excess
over $30,000
Over $60,000..................................................$2,505 plus 5.7% of
excess over $60,000
(B) For tax year 2024, and all tax years thereafter:
If the taxable income is: The tax is:
Not over $46,000........................................... 5.2% of Kansas taxable
income
Over $46,000..................................................$2,392 plus 5.58% of
excess over $46,000
(2) All other individuals.
(A) For tax years 2018 through 2023:
If the taxable income is: The tax is:
Not over $15,000........................................... 3.1% of Kansas taxable
income
Over $15,000 but not over $30,000............... $465 plus 5.25% of excess
over $15,000
Over $30,000..................................................$1,252.50 plus 5.7% of
excess over $30,000
(B) For tax year 2024, and all tax years thereafter:
If the taxable income is: The tax is:
Not over $23,000........................................... 5.2% of Kansas taxable
income
Over $23,000..................................................$1,196 plus 5.58% of
excess over $23,000
(b) Nonresident individuals. A tax is hereby imposed upon the
Kansas taxable income of every nonresident individual, which tax shall
be an amount equal to the tax computed under subsection (a) as if the
nonresident were a resident multiplied by the ratio of modified Kansas
source income to Kansas adjusted gross income.
(c) Corporations. A tax is hereby imposed upon the Kansas
taxable income of every corporation doing business within this state or
deriving income from sources within this state. Such tax shall consist of
a normal tax and a surtax and shall be computed as follows unless
otherwise modified pursuant to K.S.A. 2025 Supp. 74-50,321 or, 79-
32,110c or 79-32,110d, and amendments thereto:
(1) The normal tax shall be in an amount equal to 4% of the
Kansas taxable income of such corporation; and
(2) the surtax shall be in an amount equal to 3% of the Kansas
taxable income of such corporation in excess of $50,000.
(d) Fiduciaries. A tax is hereby imposed upon the Kansas taxable
income of estates and trusts at the rates provided in subsection (a)(2).
(e) Notwithstanding the provisions of subsections (a) and (b), for
tax years 2018 through 202 3, married individuals filing joint returns
with taxable income of $5,000 or less and all other individuals with
taxable income of $2,500 or less shall have a tax liability of zero.
Sec. 24. K.S.A. 2025 Supp. 79-32,121 is hereby amended to read
as follows: 79-32,121. (a) For tax year 2025, and all tax years
thereafter, a taxpayer shall be allowed a Kansas exemption as follows:
(1) In the case of married individuals filing a joint return, a
personal exemption of $18,320;
(2) in the case of all other individuals with a filing status of single,
head of household or married filing separate, a personal exemption of
$9,160;
(3) in addition to the amount allowed pursuant to paragraph (1) or
(2), a personal exemption of $2,320 for each dependent for which such
HOUSE BILL No. 2029—page 62
taxpayer is entitled to a deduction for the taxable year for federal
income tax purposes; and
(4) in addition to the amount allowed pursuant to paragraphs (1),
(2) and (3), an unborn child as defined in K.S.A. 23-3001, and
amendments thereto, shall be recognized as a dependent and shall be
allowed a personal exemption of $2,320 as follows:
(A) For live births, the unborn child personal exemption shall be
an additional exemption for any qualifying dependent of the taxpayer
pursuant to paragraph (3) who was born in the taxable year; and
(B) for an unborn child who does not result in a live birth known
as a stillbirth as defined in K.S.A. 65-2401, and amendments thereto,
and for whom a certificate of stillbirth is filed pursuant to law, a
personal exemption may be allowed by the taxpayer who is a parent for
the taxable year of the issuance of the certificate.
(b) In addition to the exemptions provided in subsection (a),:
(1) Any individual filing a federal income tax return under the
status of head of household, as defined in 26 U.S.C. § 2(b), shall be
allowed an additional Kansas exemption of $2,320 for tax year 2024
and all tax years thereafter; and
(2) any individual who has been honorably discharged from active
service in any branch of the armed forces of the United States and who
is certified by the United States department of veterans affairs or its
successor to be in receipt of disability compensation at the 100% rate, if
the disability is permanent and was sustained through military action or
accident or resulted from disease contracted while in such active
service, such individual shall be allowed an additional Kansas
exemption of $2,250 $2,320 for tax year 2023 2025 and all tax years
thereafter.
Sec. 25. K.S.A. 2025 Supp. 82a-955 , as amended by section 194
of 2026 House Bill No. 2513, is hereby amended to read as follows:
82a-955. (a) On July 1, 2025, July 1, 2026, and July 1, 2027, the
director of accounts and reports shall transfer $35,000,000 from the
state general fund to the state water plan fund. It is the intent of the
legislature to provide for the transfer of $35,000,000 from the state
general fund to the state water plan fund on July 1, 2028.
(b) (1) The state water plan fund shall continue to be appropriated
and expended for the purposes prescribed in K.S.A. 82a-951, and
amendments thereto, except that if an appropriation is made for any
fiscal year as intended in subsection (a), on July 1, 2025, July 1, 2026,
and July 1, 2027, or as soon thereafter on such dates as moneys are
available:
(A) $5,000,000 shall be transferred from the state water plan fund
to the water technical assistance fund established in K.S.A. 2025 Supp.
82a-956, and amendments thereto; and
(B) $12,000,000 shall be transferred from the state water plan
fund to the water projects grant fund established in K.S.A. 2025 Supp.
82a-957, and amendments thereto.
(2) The provisions of this section shall expire on July 1, 2028
2029. On July 1, 2028 2029, the director of accounts and reports shall
transfer all moneys in the water technical assistance fund and the water
projects grant fund to the state water plan fund and all liabilities of the
water technical assistance fund and the water projects grant fund shall
be imposed upon the state water plan fund. On July 1, 2028 2029, the
water technical assistance fund and the water projects grant fund shall
be abolished.
(c) (1) (A) Notwithstanding any restrictions in K.S.A. 82a-951,
and amendments thereto, the Kansas water authority may recommend
to the legislature the appropriation of up to 10% of the unencumbered
balance of the state water plan fund to be used to supplement salaries of
existing state agency full-time equivalent employees and for funding
new full-time equivalent positions created to implement the state water
plan. Moneys from such appropriation may be used to supplement
existing positions, but such moneys shall not be used to replace state
HOUSE BILL No. 2029—page 63
general fund moneys, any fee fund moneys or other funding for
positions existing on July 1, 2023.
(B) Eligible full-time equivalent positions that moneys may be
used for pursuant to this paragraph include engineers, geologists,
hydrologists, environmental scientists, attorneys, resource planners,
grant specialists and any other similar positions.
(2) If at least two conservation districts present a joint proposal to
the Kansas water authority for a position or positions to provide shared
services to all districts involved in such proposal, the Kansas water
authority may recommend that moneys be used to supplement the
salary or salaries of such position or positions pursuant to paragraph
(1).
(3) The Kansas water authority shall encourage funding requests
from state and local entities that cooperate with qualified nonprofit
entities on projects that provide a direct benefit to water quantity and
quality, including water infrastructures that are both natural and
constructed, and include matching funds from non-state sources.
(4) The Kansas water authority may direct the Kansas water office
to provide funding pursuant to K.S.A. 2025 Supp. 82a-956 or 82a-957,
and amendments thereto, for the improvement of water infrastructure in
an unincorporated area related to or serving a national park site or state
historic site if the request for funding is made by a nonprofit
organization or state agency that is willing to administer the moneys
and oversee the project, and the Kansas water authority deems such
applicant capable of successfully managing the project. Upon receipt of
such a request, the Kansas water office may award moneys in any fiscal
year prior to July 1, 2028 2029, with such awarding of moneys to be
made at the discretion of the Kansas water office.
(5) The Kansas water authority shall encourage the creation of
grant programs for stockwatering conservation projects. Such grant
programs shall prioritize the use of fees collected pursuant to K.S.A.
82a-954(a)(3), and amendments thereto.
(d) All reporting requirements established in K.S.A. 82a-951, and
amendments thereto, shall continue and such reporting requirements
shall apply to the water technical assistance fund established in K.S.A.
2025 Supp. 82a-956, and amendments thereto, and the water projects
grant fund established in K.S.A. 2025 Supp. 82a-957, and amendments
thereto.
HOUSE BILL No. 2029—page 64
Sec. 26. K.S.A. 25-2020, as amended by section 3 of 2026 Senate
Bill No. 260, 25-2020, as amended by section 4 of 2026 House Bill No.
2733, 31-133, as amended by section 6 of 2026 House Bill No. 2534,
31-133, as amended by section 1 of 2026 House Bill No. 2739, 38-
2232 as amended by section 1 of 2025 House Bill No. 2329, 38-2232,
as amended by section 9 of 2026 Senate Bill No. 408, 38-2242, as
amended by section 2 of 2025 House Bill No. 2329, 38-2242, as
amended by section 10 of 2026 Senate Bill No. 408, 40-3402, as
amended by section 2 of 2025 House Bill No. 2068, 40-3402, as
amended by section 1 of 2025 House Bill No. 2223, 40-3402, as
amended by section 3 of 2026 House Bill No. 2509, 65-1119, as
amended by section 4 of 2026 House Bill No. 2528, 65-1119, as
amended by section 1 of 2026 Senate Bill No. 334, 71-1414, as
amended by section 10 of 2026 Senate Bill No. 260, and 71-1414, as
amended by section 6 of 2026 House Bill No. 2733, and K.S.A. 2025
Supp. 8-2110, as amended by section 1 of 2026 House Bill No. 2467,
8-2110, as amended by section 2 of 2025 House Bill No. 2393, 21-
5601, as amended by section 7 of 2026 House Bill No. 2479, 21-5601,
as amended by section 2 of 2026 Senate Bill No. 408, 21-6804, as
amended by section 4 of 2026 House Bill No. 2413, 21-6804, as
amended by section 2 of 2026 House Bill No. 2444, 21-6804, as
amended by section 4 of 2026 House Bill No. 2501, 22-2802, as
amended by section 4 of 2026 House Bill No. 2444, 22-2802, as
amended by section 9 of 2026 House Bill No. 2479, 22-4714, as
amended by section 16 of 2026 House Bill No. 2466, 22-4714, as
amended by section 1 of 2026 Senate Bill No. 427, 38-2243, as
amended by section 3 of 2025 House Bill No. 2329, 38-2243, as
amended by section 11 of 2026 Senate Bill No. 408, 65-180a, 65-516,
as amended by section 5 of 2026 House Bill No. 2601, 65-516, as
amended by section 1 of 2026 House Bill No. 2524, 72-3123, as
amended by section 3 of 2025 House Bill No. 2320, 72-3123, as
amended by section 4 of 2026 House Bill No. 2618, 72-3123, as
amended by section 2 of 2026 Senate Bill No. 382, 72-3262, as
amended by section 4 of 2026 House Bill No. 2485, 72-3262, as
amended by section 5 of 2026 House Bill No. 2618, 72-3574, as
amended by section 7 of 2026 House Bill No. 2534, 72-3574, as
amended by section 7 of 2026 House Bill No. 2618, 72-5170, as
amended by section 7 of 2026 House Bill No. 2299, 72-5170, as
amended by section 9 of 2026 House Bill No. 2618, 72-5178, as
amended by section 1 of 2026 House Bill No. 2482, 72-5178, as
amended by section 10 of 2026 House Bill No. 2618, 72-5179, as
amended by section 2 of 2026 House Bill No. 2482, 72-5179, as
amended by section 11 of 2026 House Bill No. 2618, 72-5179, as
amended by section 3 of 2026 House Bill No. 2485, 77-421, as
amended by section 12 of 2026 Senate Bill No. 459, 77-421, as
amended by section 8 of 2026 House Bill No. 2719, 79-32,110, 79-
32,110b, 79-32,121, 79-32,121b, 82a-955, as amended by section 194
of 2026 House Bill No. 2513, and 82a-955, as amended by section 3 of
2026 House Bill No. 2462, are hereby repealed.
HOUSE BILL No. 2029—page 65
Sec. 27. On and after January 1, 2027, K.S.A. 2025 Supp. 22-
4714, as amended by section 5 of this act, and 22-4714, as amended by
section 2 of 2026 House Bill No. 2702, are hereby repealed.
Sec. 28. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body

HOUSE adopted
Conference Committee Report

Speaker of the House.

Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report

President of the Senate.

Secretary of the Senate.
APPROVED

Governor.