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Senate Substitute for HOUSE BILL No. 2372
AN ACT concerning law enforcement; creating the crime of unlawful approach of a first
responder and providing penalties therefor; requiring traffic laws that apply to local
and state law enforcement to apply to federal law enforcement; including federal law
enforcement in the definitions used in the crime of interference with law
enforcement; including buildings owned by the United States in the crime of
interference with the conduct of public business in public buildings; including
enforcement of federal laws and executive orders in the exceptions from liability in
the tort claims act; relating to the enforcement of detainers issued by the United
States immigration and customs enforcement by a county sheriff operating a county
jail; requiring municipal insurance pools to provide coverage of law enforcement
agencies enforcing federal law; requiring the state to pay certain judgments in federal
civil actions and provide legal representation by the attorney general; exempting
section 287(g) agreements from certain provisions of the interlocal cooperation act;
amending K.S.A. 8-1404, 8-2010, 12-2904, 21-5904 and 21-5922 and K.S.A. 2025
Supp. 8-1102 and 75-6104 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Any sheriff or keeper of the jail operating a jail
pursuant to K.S.A. 19-1901, and amendments thereto, has authority to
detain a person with:
(1) A facially sufficient immigration detainer request issued by the
United States immigration and customs enforcement (ICE) on form I-
247A issued pursuant to 8 U.S.C. §§ 1226 and 1357 and hold such
person without criminal charges for the purpose of transferring custody
to the United States immigration and customs enforcement; or
(2) a warrant as described in subsection (c).
(b) An immigration detainer request form I-247A presented to a
jail as provided in subsection (a)(1) is deemed facially sufficient if
either of the following applies:
(1) The United States immigration and customs enforcement form
I-247A presented to law enforcement:
(A) Clearly states the identity of the person to be detained;
(B) has box 1, statement of probable cause, or box 2, transfer of
custody, completed; and
(C) is signed by a United States immigration and customs
enforcement official; or
(2) the United States immigration and customs enforcement form
I-247A meets the requirements of subsections (b)(1)(A) and (C) but not
subsection (b)(1)(B) and is supported by a signed warrant as described
in subsection (c) or other affidavit or official documentation provided
to the sheriff or keeper of the jail stating the United States immigration
and customs enforcement has probable cause to believe that the person
to be detained is unlawfully present in the United States.
(c) A warrant shall satisfy subsection (a)(2) or (b)(2) if it includes:
(1) A United States department of homeland security form I-200,
warrant for arrest of alien; or
(2) a United States immigration and customs enforcement form I-
205, warrant of removal or a successor warrant or other warrant
authorized by federal law.
(d) After reviewing the form I-247A and finding that such form
complies with the requirements of subsection (b), a sheriff or keeper of
the jail operating a jail having custody of a person under the authority
of subsection (a) shall:
(1) Inform the person that such person is being held pursuant to an
immigration detainer request issued by the United States immigration
and customs enforcement;
(2) provide a copy of the form I-247A to the person being held as
soon as practicable;
(3) inform the United States immigration and customs
enforcement that such person is in the custody of the sheriff or keeper
of the jail on an immigration detainer; and
(4) complete the law enforcement agency section of the form I-
247A and submit such form to the United States immigration and
Senate Substitute for HOUSE BILL No. 2372—page 2
customs enforcement.
(e) The sheriff or keeper of the jail operating a jail shall release a
person being held under subsection (a) upon:
(1) The receipt of a subsequent form I-247A with the box checked
canceling the detainer request;
(2) a finding that the detainer does not meet the requirements of
subsection (b); or
(3) the person who is being held provides proof of citizenship of
the United States or has been confirmed by the United States
immigration and enforcement as being a person lawfully present in the
United States.
(f) As used in this section, "proof of citizenship" includes:
(1) A birth certificate;
(2) a United States passport indicating citizenship;
(3) an official United States document showing completed
naturalization of citizenship;
(4) a court order declaring a person's United States citizenship; or
(5) any other official document of the United States or the state of
Kansas indicating the person is a United States citizen.
New Sec. 2. Any municipal insurance pool issuing liability
coverage for law enforcement under the Kansas municipal group-
funded pool act shall continue such coverage and include coverage for
law enforcement operations authorized by the covered agency
enforcing federal law in cooperation with federal agencies to the same
extent of the coverage for enforcing state and local law regardless of
whether the cooperation is under a written agreement and whether the
officers involved are deputized by the federal agency. If the United
States department of justice or the Kansas office of the attorney general
does not provide legal representation in an action against the covered
local law enforcement agency, the municipal insurance pool coverage
shall provide the legal representation. The municipal insurance pool
may also provide legal representation to protect its interest in a case in
which the United States department of justice or the Kansas office of
the attorney general is providing legal representation.
New Sec. 3. (a) In any federal civil action against a law
enforcement agency or an officer working under an agreement with the
United States immigration and customs enforcement for a section
287(g) program authorized by 8 U.S.C. § 1357(g), if a judgment is
rendered against such agency or such officer of the agency and the
agency or officer was acting in good faith, the state shall pay such
judgment costs or any portion thereof that the United States department
of justice has failed to cover.
(b) In any state civil action against a law enforcement agency or
an officer acting in good faith pursuant to an agreement with the United
States immigration and customs enforcement for a section 287(g)
program authorized by 8 U.S.C. § 1357(g) or a detainer and takes a
person into custody, such law enforcement agency or officer shall be
entitled to immunity for any civil liability.
New Sec. 4. (a) If a federal civil action is brought against a law
enforcement agency that has entered into an agreement with the United
States immigration and customs enforcement for a section 287(g)
program authorized by 8 U.S.C. § 1357(g) or an officer of such law
enforcement agency who has been deputized under any such agreement
and such law enforcement agency or officer was acting in good faith
under the terms of such agreement, the attorney general shall represent
or provide representation of the law enforcement agency and officer in
such action.
(b) If a habeas corpus action is filed against a law enforcement
agency that has entered into an agreement with the United States
Senate Substitute for HOUSE BILL No. 2372—page 3
immigration and customs enforcement for a section 287(g) program
authorized by 8 U.S.C. § 1357(g) and such law enforcement agency
was acting in good faith to hold a person under authority of a detainer
request issued by the United States immigration and customs
enforcement, the attorney general shall provide legal representation at
any habeas corpus hearing held in such action.
New Sec. 5. (a) Unlawful approach of a first responder is
knowingly:
(1) Approaching or remaining within 25 feet of an individual
whom the person knows or reasonably should have known is a first
responder;
(2) while such first responder is engaged in the performance of
such first responder's duties;
(3) after receiving a visual or audible signal not to approach or
remain within 25 feet of such first responder given by a first responder
because of a reasonable belief, under the totality of the circumstances,
that separation is necessary for the safety of any person or property;
and
(4) causing such first responder to:
(A) Be distracted from performing such first responder's duties; or
(B) have an increased level of concern of physical harm to any
person or damage to property.
(b) Unlawful approach of a first responder is a class B person
misdemeanor.
(c) As used in this section:
(1) "First responder" means a law enforcement officer, an
emergency medical services provider as defined in K.S.A. 65-6112, and
amendments thereto, or a firefighter as defined in K.S.A. 40-1709, and
amendments thereto; and
(2) "law enforcement officer" means the same as defined in
K.S.A. 21-5111, and amendments thereto, and any federal law
enforcement officer as defined in 5 U.S.C. § 8401 or 6 U.S.C. § 271.
(d) Nothing in this section shall grant law enforcement authority
to a federal law enforcement officer.
(e) This section shall be a part of and supplemental to the Kansas
criminal code.
Sec. 6. K.S.A. 2025 Supp. 8-1102 is hereby amended to read as
follows: 8-1102. (a) (1) A person shall not use the public highway to
abandon vehicles or use the highway to leave vehicles unattended in
such a manner as to interfere with public highway operations. When a
person leaves a motor vehicle on a public highway or other property
open to use by the public, the public agency having jurisdiction of such
highway or other property open to use by the public, after 48 hours or
when the motor vehicle interferes with public highway operations, may
remove and impound the motor vehicle.
(2) Any motor vehicle that has been impounded as provided in this
section for 30 days or more shall be disposed of in the following
manner:
(A) If such motor vehicle has displayed thereon a registration
plate issued by the division of vehicles and has been registered with the
division, the public agency shall request verification from the division
of vehicles of the last registered owner and any lienholders, if any.
Such verification request shall be submitted to the division of vehicles
not more than 30 days after such agency took possession of the vehicle.
The public agency shall mail a notice by certified mail to the registered
owner thereof, addressed to the address as shown on the certificate of
registration, and to the lienholder, if any, of record in the county where
the title shows the owner resides, if registered in this state. The notice
shall state that if the owner or lienholder does not claim such motor
Senate Substitute for HOUSE BILL No. 2372—page 4
vehicle and pay the removal and storage charges incurred by such
public agency on it within 15 days from the date of the mailing of the
notice, that it will be sold at public auction to the highest bidder for
cash. The notice shall be mailed within 15 calendar days after receipt of
verification of the last owner and any lienholders, if any, as provided in
this subsection.
(B) After 15 days from date of mailing notice, the public agency
shall publish a notice once a week for two consecutive weeks in a
newspaper of general circulation in the county where such motor
vehicle was abandoned and left. Such notice shall describe the motor
vehicle by name of maker, model, serial number, and owner, if known,
and stating that it has been impounded by the public agency and that it
will be sold at public auction to the highest bidder for cash if the owner
thereof does not claim it within 10 days of the date of the second
publication of the notice and pay the removal and storage charges, and
publication costs incurred by the public agency. If the motor vehicle
does not display a registration plate issued by the division of vehicles
and is not registered with the division, the public agency after 30 days
from the date of impoundment, shall request verification from the
division of vehicles of the last registered owner and any lienholders, if
any. Such verification request shall be submitted to the division of
vehicles no more than 30 days after such agency took possession of the
vehicle. The public agency shall mail a notice by certified mail to the
registered owner thereof, addressed to the address as shown on the
certificate of registration, and to the lienholder, if any, of record in the
county in which the title shows the owner resides, if registered in this
state. The notice shall state that if the owner or lienholder does not
claim such motor vehicle and pay the removal and storage charges
incurred by such public agency on it within 15 days from the date of
the mailing of the notice, it will be sold at public auction to the highest
bidder for cash. The notice shall be mailed within 10 days after receipt
of verification of the last owner and any lienholders, if any, as provided
in this subsection. After 15 days from the date of mailing notice, the
public agency shall publish a notice in a newspaper of general
circulation in the county where such motor vehicle was abandoned and
left, which notice shall describe the motor vehicle by name of maker,
model, color and serial number and shall state that it has been
impounded by said public agency and will be sold at public auction to
the highest bidder for cash, if the owner thereof does not claim it within
10 days of the date of the second publication of the notice and pay the
removal and storage charges incurred by the public agency.
(C) When any public agency has complied with the provisions of
this section with respect to an abandoned motor vehicle and the owner
thereof does not claim it within the time stated in the notice and pay the
removal and storage charges and publication costs incurred by the
public agency on such motor vehicle, the public agency may sell the
motor vehicle at public auction to the highest bidder for cash. A public
agency shall provide a certification of compliance to a purchaser upon
the sale and transfer of a vehicle authorized by this section.
(3) After any sale pursuant to this section, the purchaser may file
proof thereof with the division of vehicles, and the division shall issue
a certificate of title to the purchaser of such motor vehicle. All moneys
derived from the sale of motor vehicles pursuant to this section, after
payment of the expenses of the impoundment and sale, shall be paid
into the fund of the public agency that is used by it for the construction
or maintenance of highways.
(b) Any person who abandons and leaves a vehicle on real
property, other than public property or property open to use by the
public, that is not owned or leased by such person or by the owner or
Senate Substitute for HOUSE BILL No. 2372—page 5
lessee of such vehicle shall be guilty of criminal trespass, as defined in
K.S.A. 21-5808, and amendments thereto, and upon request of the
owner or occupant of such real property, the public agency in whose
jurisdiction such property is situated may remove and dispose of such
vehicle in the manner provided in subsection (a), except that the
provisions of subsection (a) requiring that a motor vehicle be
abandoned for a period of time in excess of 48 hours prior to its
removal shall not be applicable to abandoned vehicles that are subject
to the provisions of this subsection. Any person removing such vehicle
from the real property at the request of such public agency shall have a
possessory lien on such vehicle for the costs incurred in removing,
towing and storing such vehicle.
(c) Whenever any motor vehicle has been left unattended for more
than 48 hours or when any unattended motor vehicle interferes with
public highway operations or any law enforcement operations , any law
enforcement officer is hereby authorized to move such vehicle or cause
to have the vehicle moved as provided in K.S.A. 8-1103 et seq., and
amendments thereto.
(d) The notice provisions of this section shall apply to any motor
vehicle that has been impounded as provided in K.S.A. 8-1567, and
amendments thereto.
(e) Any person attempting to recover a motor vehicle impounded
as provided in this section or in accordance with a city ordinance or
county resolution providing for the impoundment of motor vehicles,
shall show proof of valid registration and ownership of the motor
vehicle to the public agency before obtaining the motor vehicle. In
addition, the public agency may require payment of all reasonable costs
associated with the impoundment of the motor vehicle, including
transportation and storage fees, prior to release of the motor vehicle.
(f) As used in this section, "law enforcement officer" means the
same as defined in K.S.A. 21-5111, and amendments thereto, and any
federal law enforcement officer as defined in 5 U.S.C. § 8401 or 6
U.S.C. § 271.
(g) Nothing in this section shall grant law enforcement authority
to a federal law enforcement officer.
Sec. 7. K.S.A. 8-1404 is hereby amended to read as follows: 8-
1404. "Authorized emergency vehicle" means such fire department
vehicles or police bicycles or police vehicles which that are publicly
owned, including law enforcement vehicles owned by the federal
government; motor vehicles operated by ambulance services permitted
by the emergency medical services board under the provisions of
K.S.A. 65-6101 et seq., and amendments thereto; wreckers, tow trucks
or car carriers, as defined by K.S.A. 66-1329, and amendments thereto,
and having a certificate of public service from the state corporation
commission; and such other publicly or privately owned vehicles which
that are designated as emergency vehicles pursuant to K.S.A. 8-2010,
and amendments thereto.
Sec. 8. K.S.A. 8-2010 is hereby amended to read as follows: 8-
2010. (a) Any particular vehicle listed in subsection (b) of K.S.A. 8-
2010a(b), and amendments thereto, shall be designated, by the board of
county commissioners in which such vehicle is located, as an
authorized emergency vehicle upon the filing of an application pursuant
to K.S.A. 8-2010a, and amendments thereto and a finding that
designation of such vehicle is necessary to the preservation of life or
property or to the execution of emergency governmental functions. The
designation shall be in writing and the written designation shall be
carried in the vehicle at all times, but failure to carry the written
designation shall not affect the status of the vehicle as an authorized
emergency vehicle.
Senate Substitute for HOUSE BILL No. 2372—page 6
(b) Any vehicle designated as an authorized emergency vehicle
prior to the effective date of this act, may continue to operate as an
authorized emergency vehicle, as long as:
(1) The ownership of such vehicle remains unchanged; and
(2) the use of such vehicle for purposes for which such vehicle
was designated remains unchanged, except that all future operation of
such vehicle as an authorized emergency vehicle shall be in accordance
with this section and such other applicable provisions of law.
(c) The following vehicles shall not be required to be designated
by the board of county commissioners as authorized emergency
vehicles:
(1) Fire department vehicles or police vehicles which that are
publicly owned , including any such vehicles owned by the federal
government;
(2) motor vehicles operated by ambulance services permitted by
the emergency medical services board under the provisions of K.S.A.
65-6101 et seq., and amendments thereto; and
(3) wreckers, tow trucks or car carriers, as defined by K.S.A. 66-
1329, and amendments thereto, and having a certificate of public
service from the state corporation commission.
(d) Any vehicle designated under the provisions of this section, as
an authorized emergency vehicle in the county in which such vehicle is
located, shall be a valid designation of such vehicle in any other county
and such vehicle shall be authorized to operate as an authorized
emergency vehicle without being required to obtain any additional
designation in any other county.
Sec. 9. K.S.A. 12-2904 is hereby amended to read as follows: 12-
2904. (a) Subject to the limitations of subsection (g), any power or
powers, privileges or authority exercised or capable of exercise by a
public agency of this state, including, but not limited to, those functions
relating to economic development, public improvements, public
utilities, police protection, public security, public safety and emergency
preparedness, including, but not limited to, intelligence, antiterrorism
and disaster recovery, libraries, data processing services, educational
services, building and related inspection services, flood control and
storm water drainage, weather modification, sewage disposal, refuse
disposal, park and recreational programs and facilities, ambulance
service, fire protection, the Kansas tort claims act or claims for civil
rights violations, may be exercised and enjoyed jointly with any other
public agency of this state or with any private agency, and jointly with
any public agency of any other state or of the United States to the
extent that the laws of such other state or of the United States permit
such joint exercise or enjoyment. Any agency of the state government
when acting jointly with any public or private agency may exercise and
enjoy all of the powers, privileges and authority conferred by this act
upon a public agency.
(b) Any public agency may enter into agreements with one or
more public or private agencies for joint or cooperative action pursuant
to the provisions of this act. Appropriate action by ordinance, resolution
or otherwise pursuant to law of the governing bodies of the
participating public agencies shall be necessary before any such
agreement may enter into force.
(c) (1) Any public agency may enter into agreements with Native
American Indian tribes for joint or cooperative actions. Such
agreements shall be considered to be an interlocal agreement and shall
be subject to the procedures and limitations of the interlocal
cooperation act.
(2) The provisions of this subsection shall not be construed as
authorizing a public agency to enter into a gaming compact pursuant to
Senate Substitute for HOUSE BILL No. 2372—page 7
the interlocal cooperation act.
(d) Any such agreement shall specify the following:
(1) Its duration.;
(2) the precise organization, composition and nature of any
separate legal or administrative entity created thereby together with the
powers delegated thereto.;
(3) its purpose or purposes.;
(4) the manner of financing the joint or cooperative undertaking
and of establishing and maintaining a budget therefor.;
(5) the permissible method or methods to be employed in
accomplishing the partial or complete termination of the agreement and
for disposing of property upon such partial or complete termination .;
and
(6) any other necessary and proper matters.
(e) In addition to the requirements of subsection (d), if the
agreement does not establish a separate legal entity to conduct the joint
or cooperative undertaking, the agreement also shall contain the
following:
(1) Provision for an administrator or a joint board or one of the
participating public agencies to be responsible for administering the
joint or cooperative undertaking. In the case of a joint board public
agencies party to the agreement shall be represented.; and
(2) the manner of acquiring, holding and disposing of real and
personal property used in the joint or cooperative undertaking.
(f) No agreement made pursuant to this act shall relieve any public
agency of any obligation or responsibility imposed upon it by law ,
except that to the extent of actual and timely performance thereof by a
joint board or other legal or administrative entity created by an
agreement made hereunder, such performance may be offered in
satisfaction of the obligation or responsibility.
(g) Every agreement made hereunder, except: (1) Agreements
between two or more public agencies establishing a council or other
organization of local governments for the study of common problems
of an area or region and for the promotion of intergovernmental
cooperation; and (2) agreements entered into regarding joint or
cooperative action that are subject to the oversight and regulation of a
Kansas regulatory agency, prior to and as a condition precedent to its
entry into force, shall be submitted to the attorney general , who shall
determine whether the agreement is in proper form and compatible with
the laws of this state. The attorney general shall approve any agreement
submitted hereunder unless the attorney general shall find that it such
agreement does not meet the conditions set forth herein and shall detail
in writing addressed to the governing bodies of the public and private
agencies concerned the specific respects in which the proposed
agreement fails to meet the requirements of law. Failure to disapprove
an agreement submitted hereunder within 90 days of its submission
shall constitute approval thereof.
(h) For the purposes of entering an agreement with the United
States immigration and customs enforcement for a section 287(g)
program authorized by 8 U.S.C. § 1357(g), a sheriff shall be exempt
from subsections (a), (b) and (c) and may sign such agreement without
further authorization of the board of county commissioners.
Sec. 10. K.S.A. 21-5904 is hereby amended to read as follows: 21-
5904. (a) Interference with law enforcement is:
(1) Falsely reporting to a law enforcement officer, law
enforcement agency or state investigative agency:
(A) That a particular person has committed a crime, knowing that
such information is false and intending that the officer or agency shall
act in reliance upon such information;
Senate Substitute for HOUSE BILL No. 2372—page 8
(B) that a law enforcement officer has committed a crime or
committed misconduct in the performance of such officer's duties,
knowing that such information is false and intending that the officer or
agency shall act in reliance upon such information;
(C) any information, knowing that such information is false and
intending to influence, impede or obstruct such officer's or agency's
duty; or
(D) any information concerning the death, disappearance or
potential death or disappearance of a child under the age of 13,
knowing that such information is false and intending that the officer or
agency shall act in reliance upon such information;
(2) concealing, destroying or materially altering evidence with the
intent to prevent or hinder the apprehension or prosecution of any
person;
(3) knowingly obstructing, resisting or opposing any person
authorized by law to serve process in the service or execution or in the
attempt to serve or execute any writ, warrant, process or order of a
court, or in the discharge of any official duty; or
(4) knowingly fleeing from a law enforcement officer, other than
fleeing by operation of a motor vehicle, when the law enforcement
officer has:
(A) Reason to stop the person under K.S.A. 22-2402, and
amendments thereto; and
(B) given the person visual or audible signal to stop.
(b) Interference with law enforcement as defined in:
(1) Subsection (a)(1)(A) and (a)(1)(B) is a:
(A) Class A nonperson misdemeanor, except as provided in
subsection (b)(1)(B); and
(B) severity level 8, nonperson felony in the case of a felony;
(2) subsection (a)(1)(C) is a:
(A) Class A nonperson misdemeanor, except as provided in
subsection (b)(2)(B); and
(B) severity level 9, nonperson felony in the case of a felony;
(3) subsection (a)(1)(D) is a severity level 8, nonperson felony;
(4) subsection (a)(2) is a:
(A) Class A nonperson misdemeanor, except as provided in
subsection (b)(4)(B); and
(B) severity level 8, nonperson felony in the case of a felony;
(5) subsection (a)(3) is a:
(A) Severity level 9, nonperson felony in the case of a felony, or
resulting from parole or any authorized disposition for a felony; and
(B) class A nonperson misdemeanor in the case of a misdemeanor,
or resulting from any authorized disposition for a misdemeanor, or a
civil case; and
(6) subsection (a)(4) is a:
(A) Class A nonperson misdemeanor in the case of a
misdemeanor, or resulting from any authorized disposition for a
misdemeanor, or a civil case;
(B) severity level 7, nonperson felony in the case of a felony, or
resulting from parole or any authorized disposition for a felony; and
(C) severity level 5, nonperson felony if the offender discharged
or used a firearm while fleeing.
(c) As used in this section:
(1) "Any person authorized by law" includes, but is not limited to,
a law enforcement officer as defined in paragraph (2); and
(2) "law enforcement officer" means the same as defined in K.S.A.
21-5111, and amendments thereto, and any federal law enforcement
officer as defined in 5 U.S.C. § 8401 or 6 U.S.C. § 271.
(d) Nothing in this section shall grant law enforcement authority
Senate Substitute for HOUSE BILL No. 2372—page 9
to a federal law enforcement officer.
Sec. 11. K.S.A. 21-5922 is hereby amended to read as follows: 21-
5922. (a) Interference with the conduct of public business in public
buildings is:
(1) Conduct at or in any public building owned, operated or
controlled by the United States, the state or any of its political
subdivisions so as to knowingly deny to any public official, public
employee or any invitee on such premises, the lawful rights of such
official, employee or invitee to enter, to use the facilities or to leave any
such public building;
(2) knowingly impeding any public official or employee in the
lawful performance of duties or activities through the use of restraint,
abduction, coercion or intimidation or by force and violence or threat
thereof;
(3) knowingly refusing or failing to leave any such public building
upon being requested to do so by the chief administrative officer, or
such officer's designee, charged with maintaining order in such public
building, if such person is committing, threatens to commit or incites
others to commit, any act which that did or would if completed, disrupt,
impair, interfere with or obstruct the lawful missions, processes,
procedures or functions being carried on in such public building;
(4) knowingly impeding, disrupting or hindering the normal
proceedings of any meeting or session conducted by any judicial or
legislative body or official at any such public building by any act of
intrusion into the chamber or other areas designated for the use of the
body or official conducting such meeting or session, or by any act
designed to intimidate, coerce or hinder any member of such body or
any official engaged in the performance of duties at such meeting or
session; or
(5) knowingly impeding, disrupting or hindering, by any act of
intrusion into the chamber or other areas designed for the use of any
executive body or official, the normal proceedings of such body or
official.
(b) Aggravated interference with the conduct of public business is
interference with the conduct of public business in public buildings, as
defined in subsection (a), when in possession of any firearm or weapon
as described in K.S.A. 21-6301 or 21-6302, and amendments thereto.
(c) (1) Interference with the conduct of public business in public
buildings is a class A nonperson misdemeanor:.
(2) Aggravated interference with the conduct of public business is
a level 6, person felony.
(d) Nothing in this section shall grant law enforcement authority
to a federal law enforcement officer as defined in 5 U.S.C. § 8401 or 6
U.S.C. § 271.
Sec. 12. K.S.A. 2025 Supp. 75-6104 is hereby amended to read as
follows: 75-6104. (a) A governmental entity or an employee acting
within the scope of the employee's employment shall not be liable for
damages resulting from:
(1) Legislative functions, including, but not limited to, the
adoption or failure to adopt any statute, regulation, ordinance or
resolution;
(2) judicial function;
(3) enforcement of or failure to enforce a law, whether valid or
invalid, including, but not limited to,:
(A) Any statute, rule and regulation, ordinance or resolution; or
(B) any federal law or executive order;
(4) adoption or enforcement of, or failure to adopt or enforce, any
written personnel policy which that protects persons' health or safety
unless a duty of care, independent of such policy, is owed to the
Senate Substitute for HOUSE BILL No. 2372—page 10
specific individual injured, except that the finder of fact may consider
the failure to comply with any written personnel policy in determining
the question of negligence;
(5) any claim based upon the exercise or performance or the
failure to exercise or perform a discretionary function or duty on the
part of a governmental entity or employee, whether or not the
discretion is abused and regardless of the level of discretion involved;
(6) the assessment or collection of taxes or special assessments;
(7) any claim by an employee of a governmental entity arising
from the tortious conduct of another employee of the same
governmental entity, if such claim is:
(A) Compensable pursuant to the Kansas workers compensation
act; or
(B) not compensable pursuant to the Kansas workers
compensation act because the injured employee was a firemen's relief
association member who was exempt from such act pursuant to K.S.A.
44-505d, and amendments thereto, at the time the claim arose;
(8) the malfunction, destruction or unauthorized removal of any
traffic or road sign, signal or warning device unless it is not corrected
by the governmental entity responsible within a reasonable time after
actual or constructive notice of such malfunction, destruction or
removal. Nothing herein shall give rise to liability arising from the act
or omission of any governmental entity in placing or removing any of
the above signs, signals or warning devices when such placement or
removal is the result of a discretionary act of the governmental entity;
(9) any claim which that is limited or barred by any other law or
which is for injuries or property damage against an officer, employee or
agent where the individual is immune from suit or damages;
(10) any claim based upon emergency management activities,
except that governmental entities shall be liable for claims to the extent
provided in article 9 of chapter 48 of the Kansas Statutes Annotated,
and amendments thereto;
(11) the failure to make an inspection, or making an inadequate or
negligent inspection, of any property other than the property of the
governmental entity, to determine whether the property complies with
or violates any law or rule and regulation or contains a hazard to public
health or safety;
(12) snow or ice conditions or other temporary or natural
conditions on any public way or other public place due to weather
conditions, unless the condition is affirmatively caused by the negligent
act of the governmental entity;
(13) the plan or design for the construction of or an improvement
to public property, either in its original construction or any
improvement thereto, if the plan or design is approved in advance of
the construction or improvement by the governing body of the
governmental entity or some other body or employee exercising
discretionary authority to give such approval and if the plan or design
was prepared in conformity with the generally recognized and
prevailing standards in existence at the time such plan or design was
prepared;
(14) failure to provide, or the method of providing, police or fire
protection;
(15) any claim for injuries resulting from the use of any public
property intended or permitted to be used as a park, playground or open
area for recreational purposes, unless:
(A) The governmental entity or an employee thereof is guilty of
gross and wanton negligence proximately causing such injury; or
(B) an employee of the governmental entity commits childhood
sexual abuse as defined in K.S.A. 60-523, and amendments thereto;
Senate Substitute for HOUSE BILL No. 2372—page 11
(16) the natural condition of any unimproved public property of
the governmental entity;
(17) any claim for injuries resulting from the use or maintenance
of a public cemetery owned and operated by a municipality or an
abandoned cemetery, title to which has vested in a governmental entity
pursuant to K.S.A. 17-1366 through 17-1368, and amendments thereto,
unless the governmental entity or an employee thereof is guilty of gross
and wanton negligence proximately causing the injury;
(18) the existence, in any condition, of a minimum maintenance
road, after being properly so declared and signed as provided in K.S.A.
68-5,102, and amendments thereto;
(19) any claim for damages arising from the operation of vending
machines authorized pursuant to K.S.A. 68-432 or 75-3343a, and
amendments thereto;
(20) providing, distributing or selling information from
geographic information systems which that includes an entire formula,
pattern, compilation, program, device, method, technique, process,
digital database or system which that electronically records, stores,
reproduces and manipulates by computer geographic and factual
information which that has been developed internally or provided from
other sources and compiled for use by a public agency, either alone or
in cooperation with other public or private entities;
(21) any claim arising from providing a juvenile justice program
to juvenile offenders, if such juvenile justice program has contracted
with the commissioner of juvenile justice or with another nonprofit
program that has contracted with the commissioner of juvenile justice.
The provisions of this section do not apply to community service work
within the scope of K.S.A. 60-3614, and amendments thereto, or to
claims arising from childhood sexual abuse as defined in K.S.A. 60-
523, and amendments thereto;
(22) performance of, or failure to perform, any activity pursuant to
K.S.A. 74-8922, and amendments thereto, including, but not limited to,
issuance and enforcement of a consent decree agreement, oversight of
contaminant remediation and taking title to any or all of the federal
enclave described in such statute;
(23) any claim arising from the making of a donation of used or
excess fire control, fire rescue, or emergency medical services
equipment to a fire department, fire district, volunteer fire department,
medical emergency response team or the Kansas forest service if at the
time of making the donation the donor believes that the equipment is
serviceable or may be made serviceable. This subsection also applies to
equipment that is acquired through the federal excess personal property
program established by the federal property and administrative services
act of 1949, 40 U.S.C. § 483. This subsection shall apply to any
breathing apparatus or any mechanical or electrical device which that
functions to monitor, evaluate, or restore basic life functions, only if it
is recertified to the manufacturer's specifications by a technician
certified by the manufacturer; or
(24) any claim arising from the acceptance of a donation of fire
control, fire rescue or emergency medical services equipment, if at the
time of the donation the donee reasonably believes that the equipment
is serviceable or may be made serviceable and if after placing the
donated equipment into service, the donee maintains the donated
equipment in a safe and serviceable manner.
(b) The enumeration of exceptions to liability in this section shall
not be construed to be exclusive nor as legislative intent to waive
immunity from liability in the performance or failure to perform any
other act or function of a discretionary nature.
(c) The exceptions to liability in subsections (a)(1) through (a)(4)
Senate Substitute for HOUSE BILL No. 2372—page 12
shall not be construed to preclude, prohibit or otherwise limit a claim
for damages arising from childhood sexual abuse as defined in K.S.A.
60-523, and amendments thereto. Failure of a governmental entity to
adopt or enforce a policy, regulation or law related to childhood sexual
abuse and failure to exercise reasonable discretion in the supervision of
a governmental employee who commits childhood sexual abuse may be
considered by the trier of fact in determining the question of a
governmental entity's negligence.
Sec. 13. K.S.A. 8-1404, 8-2010, 12-2904 , 21-5904 and 21- 5922
and K.S.A. 2025 Supp. 8-1102 and 75-6104 are hereby repealed.
Sec. 14. 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.