8.3 Kansas Personal and Family Protection ActAGENDA SECTION 8
NO:
ITEM 3
NO:
Page 1
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE TIME
6/24/13 4:00 P.M.
ORIGINATING DEPARTMENT: FISCAL OVAL:
BY: ��
CITY MANAGER'S OFFICE FINAL APPROVAL:
BY: Jason A. Gage, City Manager BY:
ITEM: Resolution No. 13 -7014
Consider Resolution 13 -7014, exempting all municipally owned buildings from the provisions of the
Kansas Personal and Family Protection Act through December 31, 2013.
BACKGROUND:
During the 2013 legislative session, Governor Brownback into law signed Senate Substitute for House
Bill No. 2052, titled the "Personal and Family Protection Act" (PFPA). This new law requires municipal
governments to allow persons to carry concealed handguns into their buildings if "adequate security
measures" have not been applied and proper signage posted. The law presumes that if it is the intent
of a local government to ban concealed weapons from their buildings that these efforts will ensure that
no weapons can be carried in. Adequate security measures means "the use of electronic equipment
and personnel at public entrances to detect and restrict the carrying of any weapons into the state or
municipal building, including, but not limited to, metal detectors, metal detector wands .... " The
application of the law overrules local government's employment authority by specifically including
protections under the law for employees of municipalities that are on duty in the workplace.
The law does provide specific exclusions from its provisions, including:
• corrections facilities, jail facilities and law enforcement agencies; and
• the ability of the chief judge in each judicial district (not municipal courts) to prohibit carrying of
concealed handguns into courtrooms or ancillary courtrooms as long as other security is
employed
The new law is intended to be applied as a "one size fits all" approach throughout Kansas and applies
to its smallest town of Allen (pop. 201) to its largest city of Wichita (pop. 385,577). It clearly
recognizes that larger municipalities have a significant number of buildings and cannot possibly afford
the cost (approximately $65,000+ per year per site) to secure all facilities, thus prompting a default
approach to allow the concealed carry of handguns. The law also has significant interpretive
challenges that will need to be determined initially with the aid of the Kansas attorney general and
potentially through unnecessary litigation. The premise of the law appears to be that arming the public
will create safer municipal buildings. This is certainly a concept of wide public debate. Ironically,
significant and unfortunate acts of violence have consistently occurred at public schools, yet they are
not covered by these provisions of the law. This exclusion appears to be inconsistent with
documented incidents of gun violence across the nation with respect to the location of such violence.
The most concerning aspect of the new law is that the governor and those legislators supporting it
have decided that locally elected commissioners are not capable of making security decisions
regarding the buildings they are responsible for managing and operating. While within the State's
authority, this approach attacks the very doctrine of local governance.
The PFPA does provide certain exemption or "opt -out" provisions. The first is the ability by any
municipality to exempt their buildings from the provisions of the law through December 31, 2013, but
only if they notify the Kansas attorney general and local law enforcement agencies before July 1,
2013. Thereafter, a municipality may exempt their buildings for up to a four -year period if they provide
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
6/24/13 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: BY:
ITEM CITY MANAGER'S OFFICE FINAL APPROVAL:
NO:
Page 2 BY: Jason A. Gage, City Manager BY:
a security plan to the same recipients which provides for "adequate security ". While "adequate
security measures" is defined in the law, the phrase "adequate security" as applied to the four -year
exemption is not. This leaves all municipalities wondering what will be considered sufficient. After
four years, all municipalities will have to choose whether or not to employ "adequate security
measures" or allow the carrying of concealed handguns into their buildings.
The City has numerous building sites throughout the community. To inventory each applicable
building, review the policy and cost implications of those considered relevant to the provisions of
PFPA will take significant time. As a result, the action requested now is for the City Commission to
exempt all City buildings through the end of the year and authorize the mayor to send a letter to the
Kansas attorney general and local law enforcement regarding this action. This action will preserve the
status quo over the next six months as we determine how to apply the new law into the future. This
action was recently taken by the Salina - Saline County Building Authority and is now being taken by
cities and counties across the state.
FISCAL NOTE:
No cost or other fiscal impact for this action.
CONFORMANCE WITH STRATEGIC PLAN:
Not applicable.
ALTERNATIVES and RECOMMENDED CITY COMMISSION ACTION:
The following alternatives are available for City Commission consideration:
1) Approve Resolution No. 13 -7014, exempting all municipally owned buildings from the provisions
of the Kansas Personal and Family Protection Act through December 31, 2013.
2) Do not approve Resolution No. 13 -7014.
Staff recommends Alternative #1 as this initial action is very timely and allows for prudent planning.
Attachments: Resolution No. 13 -7014
Senate Substitute for House Bill No. 2052
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
(As Amended by Senate Committee of the Whole}
Session of 2013
Senate Substitute for HOUSE BILL No. 2052
By Committee on Federal and State Affairs
3 -25
AN ACT concerning firearms; dealing with the personal and family
protection act; amending K.S.A. 2012 Supp. 21 -6302, 21 -6309, 45 -221,
75 -7c05, 75 -7c06, 75 -7c10 and 75 -7c17 and repealing the existing
sections; also repealing K.S.A. 2012 Supp. 45 -221j and 45 -22lk.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Unlawful discharge of a firearm is the reckless
discharge of a firearm within or into the corporate limits of any city.
(b) This section shall not apply to the discharge of any firearm within
or into the corporate limits of any city if:
(1) The firearm is discharged in the lawful defense of one's person,
another person or one's property;
(2) the firearm is discharged at a private or public shooting range;
(3) the firearm is discharged to lawfully take wildlife unless
prohibited by the department of wildlife, parks and tourism or the
governing body of the city;
(4) the firearm is discharged by authorized law enforcement officers,
animal control officers or a person who has a wildlife control permit issued
by the Kansas department of wildlife, parks and tourism;
(5) the firearm is discharged by special permit of the chief of police
or by the sheriff when the city has no police department;
(6) the firearm is discharged using blanks; or
(7) the firearm is discharged in lawful self - defense or defense of
another person against an animal attack.
(c) A violation of subsection (a) shall be a class B nonperson
misdemeanor.
New Sec. 2. (a) The carrying of a concealed handgun as authorized
by the personal and family protection act shall not be prohibited in any
state or municipal building unless such building has adequate security
measures to ensure that no weapons are permitted to be carried into such
building and the building is conspicuously posted in accordance with
K.S.A. 2012 Supp. 75 -760, and amendments thereto.
(b) Any state or municipal building which contains both public access
entrances and restricted access entrances shall provide adequate security
measures at the public access entrances in order to prohibit the carrying of
any weapons into such building.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2052 Am. by SCW 2
(c) No state agency or municipality shall prohibit an employee who is
licensed to carry a concealed handgun under the provisions of the personal
and family protection act from carrying such concealed handgun at the
employee's work place unless the building has adequate security measures
and the building is conspicuously posted in accordance with K.S.A. 2012
Supp. 75 -700, and amendments thereto.
(d) It shall not be a violation of the personal and family protection act
for a person to carry a concealed handgun into a state or municipal
building so long as that person is licensed to carry a concealed handgun
under the provisions of the personal and family protection act and has
authority to enter through a restricted access entrance into such building
which provides adequate security measures and the building is
conspicuously posted in accordance with K.S.A. 2012 Supp. 75 -760, and
amendments thereto.
(e) A state agency or municipality which provides adequate security
measures in a state or municipal building and which conspicuously posts
signage in accordance with K.S.A. 2012 Supp. 75 -7c10, and amendments
thereto, prohibiting the carrying of a concealed handgun on the premises
of such building, as authorized by the personal and family protection act,
such state agency or municipality shall not be liable for any wrongful act
or omission relating to actions of persons licensed to carry a concealed
handgun concerning acts or omissions regarding such handguns.
(i) A state agency or municipality which does not provide adequate
security measures in a state or municipal building and which allows the
carrying of a concealed handgun as authorized by the personal and family
protection act shall not be liable for any wrongful act or omission relating
to actions of persons licensed to carry a concealed handgun concerning
acts or omissions regarding such handguns.
(g) Subject to provisions of subsection (b), nothing in this act shall
limit the ability of a corrections facility, a jail facility or a law enforcement
agency to prohibit the carrying of a concealed handgun by any person into
any building located on such premises.
{(h) Nothing in this section shall limit the ability of the chief judge
of each judicial district to prohibit the carrying of a concealed handgun
by any person into courtrooms or ancillary courtrooms within the
district provided that other means of security are employed such as
armed law enforcement or armed security officers.)
W {(i)) The governing body or the chief administrative officer, if no
governing body exists, of a state or municipal building, may exempt the
building from this section until January 1, 2014, by notifying the Kansas
attorney general and the law enforcement agency of the local jurisdiction
by letter of such exemption. Thereafter, such governing body or chief
adminstrative officer may exempt a state or municipal building for a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2052 —Am. by SCW
period of four years by adopting a resolution, or drafting a letter, listing the
legal description of such building, listing the reasons for such exemption,
and including the following statement: "A security plan has been
developed for the building being exempted which supplies adequate
security to the occupants of the building and merits the prohibition of the
carrying of a concealed handgun as authorized by the personal and family
protection act." A copy of the security plan for the building shall be
maintained on file and shall be made available, upon request, to the
Kansas attorney general and the law enforcement agency of local
jurisdiction. Notice of this exemption, together with the resolution adopted
or the letter drafted, shall be sent to the Kansas attorney general and to the
law enforcement agency of local jurisdiction. The security plan shall not
be subject to disclosure under the Kansas open records act.
f {(j)} For purposes of this section:
(1) "Adequate security measures" means the use of electronic
equipment and personnel at public entrances to detect and restrict the
carrying of any weapons into the state or municipal building, including,
but not limited to, metal detectors, metal detector wands or any other
equipment used for similar purposes to ensure that weapons are not
permitted to be carried into such building by members of the public.
Adequate security measures for storing and securing lawfully carried
weapons, including, but not limited to, the use of gun lockers or other
similar storage options shall be provided at public entrances.
(2) The terms "municipality" and "municipal' are interchangeable
and have the same meaning as the term "municipality" is defined in K.S.A.
75 -6102, and amendments thereto.
(3) "Restricted access entrance" means an entrance that is restricted to
the public and requires a key, keycard, code, or similar device to allow
entry to authorized personnel.
(4) "State" means the same as the term is defined in K.S.A. 75 -6102,
and amendments thereto.
(5) "State or municipal building" means a building owned or leased
by such public entity. It does not include a building owned by the state or a
municipality which is leased by a private entity whether for profit or not -
for- profit or a building held in title by the state or a municipality solely for
reasons of revenue bond financing.
(6) "Weapon" means a weapon described in K.S.A. 2012 Supp. 21-
6301, and amendments thereto.
{(k)} This section shall be a part of and supplemental to the
personal and family protection act.
Sec. 3. K.S.A. 2012 Supp. 21 -6302 is hereby amended to read as
follows: 21 -6302. (a) Criminal carrying of a weapon is knowingly
carrying:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2052 —Am. by SCW 4
(1) Any bludgeon, sandclub, metal knuckles or throwing star, or any
knife, commonly referred to as a switch - blade, which has a blade that
opens automatically by hand pressure applied to a button, spring or other
device in the handle of the knife, or any knife having a blade that opens or
falls or is ejected into position by the force of gravity or by an outward,
downward or centrifugal thrust or movement;
(2) concealed on one's person, a dagger, dirk, billy, blackjack,
slungshot, dangerous knife, straight -edged razor, stiletto or any other
dangerous or deadly weapon or instrument of like character, except that an
ordinary pocket knife with no blade more than four inches in length shall
not be construed to be a dangerous knife, or a dangerous or deadly weapon
or instrument;
(3) on one's person or in any land, water or air vehicle, with intent to
use the same unlawfully, a tear gas or smoke bomb or projector or any
object containing a noxious liquid, gas or substance;
(4) any pistol, revolver or other firearm concealed on one's person
except when on the person's land or in the person's abode or fixed place of
business; or
(5) a shotgun with a barrel less than 18 inches in length or any other
firearm designed to discharge or capable of discharging automatically
more than once by a single function of the trigger whether the person
knows or has reason to know the length of the barrel or that the firearm is
designed or capable of discharging automatically.
(b) Criminal carrying of a weapon as defined in:
(1) Subsections (a)(1), (a)(2), (a)(3) or (a)(4) is a class A nonperson
misdemeanor; and
(2) subsection (a)(5) is a severity level 9, nonperson felony.
(c) Subsection (a) shall not apply to:
(1) Law enforcement officers, or any person summoned by any such
officers to assist in making arrests or preserving the peace while actually
engaged in assisting such officer;
(2) law enforcement officers from another state or a retired law
enforcement officer meeting the requirements of the federal law
enforcement officers safety act, 18 U.S.C. §§ 926B and 926C;
(2) (3) wardens, superintendents, directors, security personnel and
keepers of prisons, penitentiaries, jails and other institutions for the
detention of persons accused or convicted of crime, while acting within the
scope of their authority;
(3) (4) members of the armed services or reserve forces of the United
States or the Kansas national guard while in the performance of their
official duty; or
(4) (5) the manufacture of, transportation to, or sale of weapons to a
person authorized under subsections (c)(1), (c)(2) and (c)(3) to possess
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2052 —Am, by SCW
such weapons.
(d) Subsection (a)(4) shall not apply to:
(1) Watchmen, while actually engaged in the performance of the
duties of their employment;
(2) licensed hunters or fishermen, while engaged in hunting or
fishing;
(3) private detectives licensed by the state to carry the firearm
involved, while actually engaged in the duties of their employment;
(4) detectives or special agents regularly employed by railroad
companies or other corporations to perform full -time security or
investigative service, while actually engaged in the duties of their
employment;
(5) the state fire marshal, the state fire marshal's deputies or any
member of a fire department authorized to carry a firearm pursuant to
K.S.A. 31 -157, and amendments thereto, while engaged in an investigation
in which such fire marshal, deputy or member is authorized to carry a
firearm pursuant to K.S.A. 31 -157, and amendments thereto;
(6) special deputy sheriffs described in K.S.A. 19 -827, and
amendments thereto, who have satisfactorily completed the basic course of
instruction required for permanent appointment as a part-time law
enforcement officer under K.S.A. 74- 5607a, and amendments thereto;
(7) the United States attorney for the district of Kansas, the attorney
general, any district attorney or county attorney, any assistant United
States attorney if authorized by the United States attorney for the district
of Kansas, any assistant attorney general if authorized by the attorney
general, or any assistant district attorney or assistant county attorney if
authorized by the district attorney or county attorney by whom such
assistant is employed. The provisions of this paragraph shall not apply to
any person not in compliance with K.S.A. 75 -7c19, and amendments
thereto; or
(8) any person carrying a concealed handgun as authorized by K.S.A.
2012 Supp. 75 -7C01 through 75 -767, and amendments thereto.
(e) Subsection (a)(5) shall not apply to:
(1) Any person who sells, purchases, possesses or carries a firearm,
device or attachment which has been rendered unserviceable by steel weld
in the chamber and marriage weld of the barrel to the receiver and which
has been registered in the national firearms registration and transfer record
in compliance with 26 U.S.C. § 5841 et seq. in the name of such person
and, if such person transfers such firearm, device or attachment to another
person, has been so registered in the transferee's name by the transferor;
(2) any person employed by a laboratory which is certified by the
United States department of justice, national institute of justice, while
actually engaged in the duties of their employment and on the premises of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2052 —Am. by SCW
such certified laboratory. Subsection (a)(5) shall not affect the manufacture
of, transportation to or sale of weapons to such certified laboratory; or
(3) any person or entity in compliance with the national firearms act,
26 U.S.C. § 5801 et seq.
(f) Subsection (a)(1) shall not apply to any ordinary pocket knife
which has a spring, detent or other device which creates a bias towards
closure of the blade and which requires hand pressure applied to such
spring, detent or device through the blade of the knife to overcome the bias
towards closure to assist in the opening of the knife.
(g) It shall not be a violation of this section if a person violates the
provisions of K.S.A. 2012 Supp. 75 -7c03, and amendments thereto, but
has an otherwise valid license to carry a concealed handgun which is
issued or recognized by this state.
(h) As used in this section, "throwing star" means the same as
prescribed by K.S.A. 2012 Supp. 21 -6301, and amendments thereto.
Sec. 4. K.S.A. 2012 Supp. 21 -6309 is hereby amended to read as
follows: 21 -6309. (a) It shall be unlawful to possess, with no requirement
of a culpable mental state, a firearm on the gretmds in afty of the fellewing
plaees:
(1) Within any building located within the capitol complex;
(2) within the governor's residence;
(3) on the grounds of or in any building on the grounds of the
governor's residence;
(4) within any other state -owned or leased building if the secretary of
administration has so designated by rules and regulations and
conspicuously placed signs clearly stating that firearms are prohibited
within such building; or
(5) within any county courthouse, unless, by county resolution, the
board of county commissioners authorize the possession of a firearm
within such courthouse.
(b) Violation of this section is a class A misdemeanor.
(c) This section shall not apply to:
(1) A commissioned law enforcement officer;
(2) a full -time salaried law enforcement officer of another state or the
federal government who is carrying out official duties while in this state;
(3) any person summoned by any such officer to assist in making
arrests or preserving the peace while actually engaged in assisting such
officer; or
(4) a member of the military of this state or the United States engaged
in the performance of duties .
K.S.A. 2012 Supp. 75 7e9i et ., and amendmeMs thereto, exeept
bttildings posted in Eteeerdaftee with K.S.A. 2042 Stipp. 75 ,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2052 —Am. by SCW
amendments thereto, mtd in the areas speeified ift sttbseetions (a)(2) and-
(&*3-)-.
(d) It is not a violation of this section for the:
(1) Governor, the governor's immediate family, or specifically
authorized guest of the governor to possess a firearm within the governor's
residence or on the grounds of or in any building on the grounds of the
governor's residence; or
(2) United States attorney for the district of Kansas, the attorney
general, any district attorney or county attorney, any assistant United
States attorney if authorized by the United States attorney for the district
of Kansas, any assistant attorney general if authorized by the attorney
general, or any assistant district attorney or assistant county attorney if
authorized by the district attorney or county attorney by whom such
assistant is employed, to possess a firearm within any county courthouse
and court- related facility, subject to any restrictions or prohibitions
imposed in any courtroom by the chief judge of the judicial district. The
provisions of this paragraph shall not apply to any person not in
compliance with K.S.A. 2012 Supp. 75 -7cl9, and amendments thereto.
(e) It is not a violation of this section for a person to possess a
handgun as authorized under the personal and family protection act.
(f) Notwithstanding the provisions of this section, any county may
elect by passage of a resolution that the provisions of subsection (d)(2)
shall not apply to such county's courthouse or court- related facilities if
such:
(1) Facilities have adequate security measures to ensure that no
weapons are permitted to be carried into such facilities;
(3) (2) county also has a policy or regulation requiring all law
enforcement officers to secure and store such officer's firearm upon
entering the courthouse or court- related facility. Such policy or regulation
may provide that it does not apply to court security or sheriffs office
personnel for such county; and
(4) (3) facilities have a sign conspicuously posted at each entryway
into such facility stating that the provisions of subsection (d)(2) do not
apply to such facility.
(e (g) As used in this section:
(1) "Adequate security measures" meams a , ttse of ..leetro.,'..
into the ineluding, but not limited to, metal deteeters, tneteA-
shall
have the same meaning as the term is defined in section 2, and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2052 Am. by SCW
amendments thereto;
(2) "possession" means having joint or exclusive control over a
firearm or having a firearm in a place where the person has some measure
of access and right of control; and
(3) "capitol complex" means the same as in K.S.A. 75 -4514, and
amendments thereto.
(g) (h) For the purposes of snbseeti subsections (a)(1), (a)(4) and
(a)(5), "building" and "courthouse" shall not include any structure, or any
area of any structure, designated for the parking of motor vehicles.
Sec. 5. K.S.A. 2012 Supp. 45 -221 is hereby amended to read as
follows: 45 -221. (a) Except to the extent disclosure is otherwise required
by law, a public agency shall not be required to disclose:
(1) Records the disclosure of which is specifically prohibited or
restricted by federal law, state statute or rule of the Kansas supreme court
or rule of the senate committee on confirmation oversight relating to
information submitted to the committee pursuant to K.S.A. 2012 Supp. 75-
4315d, and amendments thereto, or the disclosure of which is prohibited or
restricted pursuant to specific authorization of federal law, state statute or
rule of the Kansas supreme court or rule of the senate committee on
confirmation oversight relating to information submitted to the committee
pursuant to K.S.A. 2012 Supp. 75- 4315d, and amendments thereto, to
restrict or prohibit disclosure.
(2) Records which are privileged under the rules of evidence, unless
the holder of the privilege consents to the disclosure.
(3) Medical, psychiatric, psychological or alcoholism or drug
dependency treatment records which pertain to identifiable patients.
(4) Personnel records, performance ratings or individually identifiable
records pertaining to employees or applicants for employment, except that
this exemption shall not apply to the names, positions, salaries or actual
compensation employment contracts or employment- related contracts or
agreements and lengths of service of officers and employees of public
agencies once they are employed as such.
(5) Information which would reveal the identity of any undercover
agent or any informant reporting a specific violation of law.
(6) Letters of reference or recommendation pertaining to the character
or qualifications of an identifiable individual, except documents relating to
the appointment of persons to fill a vacancy in an elected office.
(7) Library, archive and museum materials contributed by private
persons, to the extent of any limitations imposed as conditions of the
contribution.
(8) Information which would reveal the identity of an individual who
lawfully makes a donation to a public agency, if anonymity of the donor is
a condition of the donation, except if the donation is intended for or
1
2
3
4
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2052 —Am, by SCW
restricted to providing remuneration or personal tangible benefit to a
named public officer or employee.
(9) Testing and examination materials, before the test or examination
is given or if it is to be given again, or records of individual test or
examination scores, other than records which show only passage or failure
and not specific scores.
(10) Criminal investigation records, except as provided herein. The
district court, in an action brought pursuant to K.S.A. 45 -222, and
amendments thereto, may order disclosure of such records, subject to such
conditions as the court may impose, if the court finds that disclosure:
(A) Is in the public interest;
(B) would not interfere with any prospective law enforcement action,
criminal investigation or prosecution;
(C) would not reveal the identity of any confidential source or
undercover agent;
(D) would not reveal confidential investigative techniques or
procedures not known to the general public;
(E) would not endanger the life or physical safety of any person; and
(F) would not reveal the name, address, phone number or any other
information which specifically and individually identifies the victim of any
sexual offense in article 35 of chapter 21 of the Kansas Statutes Annotated,
prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto.
If a public record is discretionarily closed by a public agency pursuant
to this subsection, the record custodian, upon request, shall provide a
written citation to the specific provisions of paragraphs (A) through (F)
that necessitate closure of that public record.
(11) Records of agencies involved in administrative adjudication or
civil litigation, compiled in the process of detecting or investigating
violations of civil law or administrative rules and regulations, if disclosure
would interfere with a prospective administrative adjudication or civil
litigation or reveal the identity of a confidential source or undercover
agent.
(12) Records of emergency or security information or procedures of a
public agency, or plans, drawings, specifications or related information for
any building or facility which is used for purposes requiring security
measures in or around the building or facility or which is used for the
generation or transmission of power, water, fuels or communications, if
disclosure would jeopardize security of the public agency, building or
facility.
(13) The contents of appraisals or engineering or feasibility estimates
or evaluations made by or for a public agency relative to the acquisition or
disposal of property, prior to the award of formal contracts therefor.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2052 Am, by SCW 10
(14) Correspondence between a public agency and a private
individual, other than correspondence which is intended to give notice of
an action, policy or determination relating to any regulatory, supervisory or
enforcement responsibility of the public agency or which is widely
distributed to the public by a public agency and is not specifically in
response to communications from such a private individual.
(15) Records pertaining to employer - employee negotiations, if
disclosure would reveal information discussed in a lawful executive
session under K.S.A. 75 -4319, and amendments thereto.
(16) Software programs for electronic data processing and
documentation thereof, but each public agency shall maintain a register,
open to the public, that describes:
(A) The information which the agency maintains on computer
facilities; and
(B) the form in which the information can be made available using
existing computer programs.
(17) Applications, financial statements and other information
submitted in connection with applications for student financial assistance
where financial need is a consideration for the award.
(18) Plans, designs, drawings or specifications which are prepared by
a person other than an employee of a public agency or records which are
the property of a private person.
(19) Well samples, logs or surveys which the state corporation
commission requires to be filed by persons who have drilled or caused to
be drilled, or are drilling or causing to be drilled, holes for the purpose of
discovery or production of oil or gas, to the extent that disclosure is
limited by rules and regulations of the state corporation commission.
(20) Notes, preliminary drafts, research data in the process of
analysis, unfunded grant proposals, memoranda, recommendations or
other records in which opinions are expressed or policies or actions are
proposed, except that this exemption shall not apply when such records are
publicly cited or identified in an open meeting or in an agenda of an open
meeting.
(21) Records of a public agency having legislative powers, which
records pertain to proposed legislation or amendments to proposed
legislation, except that this exemption shall not apply when such records
are:
(A) Publicly cited or identified in an open meeting or in an agenda of
an open meeting; or
(B) distributed to a majority of a quorum of any body which has
authority to take action or make recommendations to the public agency
with regard to the matters to which such records pertain.
(22) Records of a public agency having legislative powers, which
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
BB 2052 —Am. by SCW 11
records pertain to research prepared for one or more members of such
agency, except that this exemption shall not apply when such records are:
(A) Publicly cited or identified in an open meeting or in an agenda of
an open meeting; or
(B) distributed to a majority of a quorum of any body which has
authority to take action or make recommendations to the public agency
with regard to the matters to which such records pertain.
(23) Library patron and circulation records which pertain to
identifiable individuals.
(24) Records which are compiled for census or research purposes and
which pertain to identifiable individuals.
(25) Records which represent and constitute the work product of an
attorney.
(26) Records of a utility or other public service pertaining to
individually identifiable residential customers of the utility or service,
except that information concerning billings for specific individual
customers named by the requester shall be subject to disclosure as
provided by this act.
(27) Specifications for competitive bidding, until the specifications
are officially approved by the public agency.
(28) Sealed bids and related documents, until a bid is accepted or all
bids rejected.
(29) Correctional records pertaining to an identifiable inmate or
release, except that:
(A) The name; photograph and other identifying information;
sentence data; parole eligibility date; custody or supervision level;
disciplinary record; supervision violations; conditions of supervision,
excluding requirements pertaining to mental health or substance abuse
counseling; location of facility where incarcerated or location of parole
office maintaining supervision and address of a releasee whose crime was
committed after the effective date of this act shall be subject to disclosure
to any person other than another inmate or releasee, except that the
disclosure of the location of an inmate transferred to another state pursuant
to the interstate corrections compact shall be at the discretion of the
secretary of corrections;
(B) , the attorney general, law
enforcement agencies, counsel for the inmate to whom the record pertains
and any county or district attorney shall have access to correctional records
to the extent otherwise permitted by law;
(C) the information provided to the law enforcement agency pursuant
to the sex offender registration act, K.S.A. 22 -4901 et seq., and
amendments thereto, shall be subject to disclosure to any person, except
that the name, address, telephone number or any other information which
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2052 —Am. by SCW 12
specifically and individually identifies the victim of any offender required
to register as provided by the Kansas offender registration act, K.S.A. 22-
4901 et seq., and amendments thereto, shall not be disclosed; and
(D) records of the department of corrections regarding the financial
assets of an offender in the custody of the secretary of corrections shall be
subject to disclosure to the victim, or such victim's family, of the crime for
which the inmate is in custody as set forth in an order of restitution by the
sentencing court.
(30) Public records containing information of a personal nature where
the public disclosure thereof would constitute a clearly unwarranted
invasion of personal privacy.
(31) Public records pertaining to prospective location of a business or
industry where no previous public disclosure has been made of the
business' or industry's interest in locating in, relocating within or
expanding within the state. This exception shall not include those records
pertaining to application of agencies for permits or licenses necessary to
do business or to expand business operations within this state, except as
otherwise provided by law.
(32) Engineering and architectural estimates made by or for any
public agency relative to public improvements.
(33) Financial information submitted by contractors in qualification
statements to any public agency.
(34) Records involved in the obtaining and processing of intellectual
property rights that are expected to be, wholly or partially vested in or
owned by a state educational institution, as defined in K.S.A. 76 -711, and
amendments thereto, or an assignee of the institution organized and
existing for the benefit of the institution.
(35) Any report or record which is made pursuant to K.S.A. 65 -4922,
65 -4923 or 65 -4924, and amendments thereto, and which is privileged
pursuant to K.S.A. 65 -4915 or 65 -4925, and amendments thereto.
(36) Information which would reveal the precise location of an
archeological site.
(37) Any financial data or traffic information from a railroad
company, to a public agency, concerning the sale, lease or rehabilitation of
the railroad's property in Kansas.
(38) Risk -based capital reports, risk -based capital plans and
corrective orders including the working papers and the results of any
analysis filed with the commissioner of insurance in accordance with
K.S.A. 40 -2c20 and 40 -2d20, and amendments thereto.
(39) Memoranda and related materials required to be used to support
the annual actuarial opinions submitted pursuant to subsection (b) of
K.S.A. 40 -409, and amendments thereto.
(40) Disclosure reports filed with the commissioner of insurance
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2052 Am. by SCW 13
under subsection (a) of K.S.A. 40- 2,156, and amendments thereto.
(41) All financial analysis ratios and examination synopses
concerning insurance companies that are submitted to the commissioner by
the national association of insurance commissioners' insurance regulatory
information system.
(42) Any records the disclosure of which is restricted or prohibited by
a tribal -state gaming compact.
(43) Market research, market plans, business plans and the terms and
conditions of managed care or other third -party contracts, developed or
entered into by the university of Kansas medical center in the operation
and management of the university hospital which the chancellor of the
university of Kansas or the chancellor's designee determines would give an
unfair advantage to competitors of the university of Kansas medical center.
(44) The amount of franchise tax paid to the secretary of revenue or
the secretary of state by domestic corporations, foreign corporations,
domestic limited liability companies, foreign limited liability companies,
domestic limited partnership, foreign limited partnership, domestic limited
liability partnerships and foreign limited liability partnerships.
(45) Records, other than criminal investigation records, the disclosure
of which would pose a substantial likelihood of revealing security
measures that protect: (A) Systems, facilities or equipment used in the
production, transmission or distribution of energy, water or
communications services; (B) transportation and sewer or wastewater
treatment systems, facilities or equipment; or (C) private property or
persons, if the records are submitted to the agency. For purposes of this
paragraph, security means measures that protect against criminal acts
intended to intimidate or coerce the civilian population, influence
government policy by intimidation or coercion or to affect the operation of
government by disruption of public services, mass destruction,
assassination or kidnapping. Security measures include, but are not limited
to, intelligence information, tactical plans, resource deployment and
vulnerability assessments.
(46) Any information or material received by the register of deeds of
a county from military discharge papers, DD Form 214. Such papers shall
be disclosed: To the military dischargee; to such dischargee's immediate
family members and lineal descendants; to such dischargee's heirs, agents
or assigns; to the licensed funeral director who has custody of the body of
the deceased dischargee; when required by a department or agency of the
federal or state government or a political subdivision thereof; when the
form is required to perfect the claim of military service or honorable
discharge or a claim of a dependent of the dischargee; and upon the written
approval of the commissioner of veterans affairs, to a person conducting
research.
BB 2052 —Am. by SCW 14
1 (47) Information that would reveal the location of a shelter or a
2 safehouse or similar place where persons are provided protection from
3 abuse or the name, address, location or other contact information of
4 alleged victims of stalking, domestic violence or sexual assault.
5 (48) Policy information provided by an insurance carrier in
6 accordance with subsection (h)(1) of K.S.A. 44 -532, and amendments
7 thereto. This exemption shall not be construed to preclude access to an
8 individual employer's record for the purpose of verification of insurance
9 coverage or to the department of labor for their business purposes.
10 (49) An individual's e-mail address, cell phone number and other
11 contact information which has been given to the public agency for the
12 purpose of public agency notifications or communications which are
13 widely distributed to the public.
14 (50) Information provided by providers to the local collection point
15 administrator or to the 911 coordinating council pursuant to the Kansas
16 911 act, and amendments thereto, upon request of the party submitting
17 such records.
18 (51) Records of a public agency which identify the home address or
19 home ownership of a law enforcement officer as defined in K.S.A. 2012
20 Supp. 21 -5111, and amendments thereto, parole officer, probation officer,
21 court services officer or community correctional services officer. The
22 agency head of such law enforcement office, parole office, probation
23 office, court services office or community correctional services office or
24 such individual officer shall file with the custodian of such record a
25 request to have such officer's identifying information removed from public
26 access. Within seven days of receipt of such requests, the public agency
27 shall remove such officer's identifying information from such public
28 access.
29 (52) Records of a public agency which identify the home address or
30 home ownership of a federal judge, a justice of the supreme court, a judge
31 of the court of appeals, a district judge, a district magistrate judge, the
32 United States attorney for the district of Kansas, an assistant United States
33 attorney, the attorney general, an assistant attorney general, a district
34 attorney or county attorney or an assistant district attorney or assistant
35 county attorney. Such person or such person's employer shall file with the
36 custodian of such record a request to have such person's identifying
37 information removed from public access. Within seven days of receipt of
38 such requests, the public agency shall remove such person's identifying
39 information from such public access.
40 (53) Records of a public agency that would disclose the name, home
41 address, zip code, e -mail address, phone number or cell phone number or
42 other contact information for any person licensed to carry concealed
43 handguns or of any person who enrolled in or completed any weapons
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2052 Am. by SCW 15
training in order to be licensed or has made application for such license
under the personal and family protection act, K.S.A. 2012 Supp. 75 -7c01
et seq., and amendments thereto.
(b) Except to the extent disclosure is otherwise required by law or as
appropriate during the course of an administrative proceeding or on appeal
from agency action, a public agency or officer shall not disclose financial
information of a taxpayer which may be required or requested by a county
appraiser or the director of property valuation to assist in the determination
of the value of the taxpayer's property for ad valorem taxation purposes; or
any financial information of a personal nature required or requested by a
public agency or officer, including a name, job description or title
revealing the salary or other compensation of officers, employees or
applicants for employment with a firm, corporation or agency, except a
public agency. Nothing contained herein shall be construed to prohibit the
publication of statistics, so classified as to prevent identification of
particular reports or returns and the items thereof.
(c) As used in this section, the term "cited or identified" shall not
include a request to an employee of a public agency that a document be
prepared.
(d) If a public record contains material which is not subject to
disclosure pursuant to this act, the public agency shall separate or delete
such material and make available to the requester that material in the
public record which is subject to disclosure pursuant to this act. If a public
record is not subject to disclosure because it pertains to an identifiable
individual, the public agency shall delete the identifying portions of the
record and make available to the requester any remaining portions which
are subject to disclosure pursuant to this act, unless the request is for a
record pertaining to a specific individual or to such a limited group of
individuals that the individuals' identities are reasonably ascertainable, the
public agency shall not be required to disclose those portions of the record
which pertain to such individual or individuals.
(e) The provisions of this section shall not be construed to exempt
from public disclosure statistical information not descriptive of any
identifiable person.
(f) Notwithstanding the provisions of subsection (a), any public
record which has been in existence more than 70 years shall be open for
inspection by any person unless disclosure of the record is specifically
prohibited or restricted by federal law, state statute or rule of the Kansas
supreme court or by a policy adopted pursuant to K.S.A. 72 -6214, and
amendments thereto.
(g) Any confidential records or information relating to security
measures provided or received under the provisions of subsection (a)(45)
shall not be subject to subpoena, discovery or other demand in any
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2052 —Am. by SCW 16
administrative, criminal or civil action.
Sec. 6. K.S.A. 2012 Supp. 75 -7c05 is hereby amended to read as
follows: 75 -7c05. (a) The application for a license pursuant to this act shall
be completed, under oath, on a form prescribed by the attorney general and
shall only include:
(1) (A) Subject to the provisions of subsection (a)(1)(B), the name,
address, social security number, Kansas driver's license number or Kansas
nondriver's license identification number, place and date of birth, a
photocopy of the applicant's driver's license or nondriver's identification
card and a photocopy of the applicant's certificate of training course
completion; (B) in the case of an applicant who presents proof that such
person is on active duty with any branch of the armed forces of the United
States, or is the dependent of such a person, and who does not possess a
Kansas driver's license or Kansas nondriver's license identification, the
number of such license or identification shall not be required;
(2) a statement that the applicant is in compliance with criteria
contained within K.S.A. 2012 Supp. 75 -7c04, and amendments thereto;
(3) a statement that the applicant has been furnished a copy of this act
and is knowledgeable of its provisions;
(4) a conspicuous warning that the application is executed under oath
and that a false answer to any question, or the submission of any false
document by the applicant, subjects the applicant to criminal prosecution
under K.S.A. 2012 Supp. 21 -5903, and amendments thereto; and
(5) a statement that the applicant desires a concealed handgun license
as a means of lawful self - defense.
(b) The applicant shall submit to the sheriff of the county where the
applicant resides, during any normal business hours:
(1) A completed application described in subsection (a);
(2) , a nonrefundable license fee
of $132.50, if the applicant has not previously been issued a statewide
license or if the applicant's license has permanently expired, which fee
shall be in the form of two cashier's checks, personal checks or money
orders of $32.50 payable to the sheriff of the county where the applicant
resides and $100 payable to the attorney general;
(3) a photocopy of a certificate or an affidavit or document as
described in subsection (b) of K.S.A. 2012 Supp. 75 -7c04, and
amendments thereto, or if applicable, of a license to carry a firearm as
described in subsection (d) of K.S.A. 2012 Supp. 75 -7c03, and
amendments thereto; and
(4) a full frontal view photograph of the applicant taken within the
preceding 30 days.
(c) (1) The sheriff, upon receipt of the items listed in subsection (b) of
this section, shall provide for the full set of fingerprints of the applicant to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2052 —Am. by SCW 17
be taken and forwarded to the attorney general for purposes of a criminal
history records check as provided by subsection (d). In addition, the sheriff
shall forward to the attorney general a copy of the application and the
portion of the original license fee which is payable to the attorney general.
The cost of taking such fingerprints shall be included in the portion of the
fee retained by the sheriff. Notwithstanding anything in this section to the
contrary, an applicant shall not be required to submit fingerprints for a
renewal application under K.S.A. 2012 Supp. 75 -7c08, and amendments
thereto.
(2) The sheriff of the applicant's county of residence or the chief law
enforcement officer of any law enforcement agency, at the sheriffs or chief
law enforcement officer's discretion, may participate in the process by
submitting a voluntary report to the attorney general containing readily
discoverable information, corroborated through public records, which,
when combined with another enumerated factor, establishes that the
applicant poses a significantly greater threat to law enforcement or the
public at large than the average citizen. Any such voluntary reporting shall
be made within 45 days after the date the sheriff receives the application.
Any sheriff or chief law enforcement officer submitting a voluntary report
shall not incur any civil or criminal liability as the result of the good faith
submission of such report.
(3) All funds retained by the sheriff pursuant to the provisions of this
section shall be credited to a special fund of the sheriffs office which shall
be used solely for the purpose of administering this act.
(d) Each applicant shall be subject to a state and national criminal
history records check which conforms to applicable federal standards,
including an inquiry of the national instant criminal background check
system for the purpose of verifying the identity of the applicant and
whether the applicant has been convicted of any crime or has been the
subject of any restraining order or any mental health related finding that
would disqualify the applicant from holding a license under this act. The
attorney general is authorized to use the information obtained from the
state or national criminal history record check to determine the applicant's
eligibility for such license.
(e) Within 90 days after the date of receipt of the items listed in
subsection (b), the attorney general shall:
(1) Issue the license and certify the issuance to the department of
revenue;or
(2) deny the application based solely on: (A) The report submitted by
the sheriff or other chief law enforcement officer under subsection (c)(2)
for good cause shown therein; or (B) the ground that the applicant is
disqualified under the criteria listed in K.S.A. 2012 Supp. 75 -7c04, and
amendments thereto. If the attorney general denies the application, the
1
2
3
4
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2052 —Am. by SCW 18
attorney general shall notify the applicant in writing, stating the ground for
denial and informing the applicant the opportunity for a hearing pursuant
to the Kansas administrative procedure act.
(f) Each person issued a license shall pay to the department of
revenue a fee for the cost of the license which shall be in amounts equal to
the fee required pursuant to K.S.A. 8 -243 and 8 -246, and amendments
thereto, for replacement of a driver's license.
(g) (1) A person who is a retired law enforcement officer, as defined
in K.S.A. 2012 Supp. 21 -5111, and amendments thereto, shall be: (A)
Required to pay an original license fee of $75, _- hiel. fee shEd be in the
gener&4, as provided in subsection (b) (2), to be forwarded by the sheriff to
the attorney general; (B) exempt from the required completion of a
weapons handgun safety and training course if such person was certified
by the Kansas commission on peace officer's standards and training, or
similar body from another jurisdiction, not more than eight years prior to
submission of the application; (C) required to pay the license renewal fee;
(D) required to pay to the department of revenue the fees required by
subsection (f); and (E) required to comply with the criminal history
records check requirement of this section.
(2) Proof of retirement as a law enforcement officer shall be required
and provided to the attorney general in the form of a letter from the agency
head, or their designee, of the officer's retiring agency that attests to the
officer having retired in good standing from that agency as a law
enforcement officer for reasons other than mental instability and that the
officer has a nonforfeitable right to benefits under a retirement plan of the
agency.
(h) A person who is a corrections officer a parole officer or a
corrections officer employed by the federal bureau of prisons, as defined
by K.S.A. 75 -5202, and amendments thereto, shall be: (1) Required to pay
an original license fee as provided in subsection (b) (2); (2) exempt from
the required completion of a handgun safety and training course if such
person was issued a certificate of firearms training by the department of
corrections or the federal bureau of prisons or similar body not more than
one year prior to submission of the application; (3) required to pay the
license renewal fee; (4) required to pay to the department of revenue the
fees required by subsection f ; and (5) required to comply with the
criminal history records check requirement of this section.
Sec. 7. K.S.A. 2012 Supp. 75 -7c06 is hereby amended to read as
follows: 75 -7c06. (a) The attorney general shall be the official custodian of
all records relating to licenses issued pursuant to the personal and family
protection act.
HB 2052 Am. by SCW 19
1 (b) Except as provided by subsections (c) and (d), records relating to
2 persons issued licenses pursuant to this act, persons applying for licenses
3 pursuant to this act or persons who have had a license denied pursuant to
4 this act shall be confidential and shall not be disclosed
5 ettables ideti4ifiea4ien of any stteh pers pursuant to the Kansas open
6 records act. Any disclosure of a record in violation of this subsection is a
7 class A misdemeanor.
8 (c) Records of a person whose license has been suspended or revoked
9 pursuant to this act shall be subject to public inspection in accordance with
10 the open records act.
11 (d) The attorney general shall maintain an automated listing of license
12 holders and pertinent information, and such information shall be available
13 at all times to all law enforcement agencies in this state, other states and
14 the District of Columbia when requested for a legitimate law enforcement
15 purpose.
16 (e) Within 30 days after the changing of a permanent address, or
17 within 30 days after the discovery that a license has been lost or destroyed,
18 the licensee shall notify the attorney general of such change, loss or
19 destruction. The attorney general, upon notice and opportunity for hearing
20 in accordance with the provisions of the Kansas administrative procedure
21 act, may order a licensee to pay a fine of not more than $100, or may
22 suspend the licensee's license for not more than 180 days, for failure to
23 notify the attorney general pursuant to the provisions of this subsection.
24 (f) In the event that a concealed handgun license is lost or destroyed,
25 the license shall be automatically invalid, and the person to whom the
26 license was issued, upon payment of $15 to the attorney general, may
27 obtain a duplicate, or substitute thereof, upon furnishing a notarized
28 statement to the attorney general that such license has been lost or
29 destroyed.
30 Sec. 8. K.S.A. 2012 Supp. 75 -7c10 is hereby amended to read as
31 follows: 75 -7c10. Subject to the provisions of section 2, and amendments
32 thereto:
33 (a) Provided that the premises are conspicuously posted in accordance
34 with rules and regulations adopted by the attorney general as premises
35 where carrying a concealed handgun is prohibited, no license issued
36 pursuant to or recognized by this act shall authorize the licensee to carry a
37 concealed handgun into the building efi.-
38
39 ;
40 ;
41 ;
42 ,
43
HB 2052 —Am. by SCW 20
1 a eoneettled Itaftdgtm in the judge's
2 ;
3 ,
4
5
6
7
8
9 ,
10 , and
11 aifteftdfnefAs thereto;
12 ,
13 administrative offiee, serviees eenter or ether fiteility;
14 ;
15 K.S.A.
16 75 720, and amendmeffts theretftL
17
18 ., and ameftdmems thereto;
19 ., and antendments thereto; arty
20 , and amendments
21 ,-
22 ;
23 ;
24 , Ets defined in Kansas
25 admittistrative regttloion 28 4 113, of any presehool or ehildeafe eenter, ma
26 ;
27 any building.
28 (b) Nothing in this act shall be construed to prevent:
29 (1) Any public or private employer from restricting or prohibiting by
30 personnel policies persons licensed under this act from carrying a
31 concealed handgun while on the premises of the employer's business or
32 while engaged in the duties of the person's employment by the employer,
33 except that no employer may prohibit possession of a handgun in a private
34 means of conveyance, even if parked on the employer's premises; or
35 (2) any private business or city, county or political subdivision from
36 restricting or prohibiting persons licensed or recognized under this act
37 from carrying a concealed handgun within a building or buildings of such
38 entity, provided that the premises are posted in accordance with rules and
39 regulations adopted by the attorney general pursuant to subsection (4) (h),
40 as premises where carrying a concealed handgun is prohibited.
41 (e) (1) It shall be Et vielation of this seetion to eaM, a eetteealed
42
43
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2052 —Am. by SCW 21
A:ny per-son who vielfftes this seetion shall be guilty of a tnisdemeafter
ptmishable by a fine oP (M Not tnore than $50 for the Fffst effense; or (B)
not more thatt $100 for the second efftitse. Afty third or subsequem-
�rl _
to detiotty
he err lrrr tme, rsr
aetshall not be liable foe any ivrongfwl yet m- opytissiogit iWa6ite to actioig
ed
A Me
fdWc)} Any board of education of a unified school district, governing
body of any community college, technical college or the institute of
technology, or the chancellor or president of any state educational
institution may permit any employee, who is licensed to carry a concealed
handgun as authorized by the provisions of K.S.A. 75 -7c01 et seq., and
amendments thereto, to carry a concealed handgun in any school building,
if the employee meets such institution's own policy requirements
regardless of whether such building is conspicuously posted in accordance
with the provisions of K.S.A. 75 -7c10, and amendments thereto.
fe} {(d)} (1) It shall be a violation of this section to carry a concealed
handgun in violation of any restriction or prohibition allowed by
subsection (a) or (b) if the premises are posted in accordance with rules
and regulations adopted by the attorney general pursuant to subsection
(h). Any person who violates this section shall not be subject to a criminal
penalty but may be subject to denial to such premises or removal from
such premises.
(2) Notwithstanding the provisions of subsection (a) or (b), it is not a
violation of this section for the United States attorney for the district of
Kansas, the attorney general, any district attorney or county attorney, any
assistant United States attorney if authorized by the United States attorney
for the district of Kansas, any assistant attorney general if authorized by
the attorney general, or any assistant district attorney or assistant county
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
HB 2052 —Am. by SCW 22
attorney if authorized by the district attorney or county attorney by whom
such assistant is employed, to possess a handgun within any of the
buildings described in subsection (a) or (b), subject to any restrictions or
prohibitions imposed in any courtroom by the chief judge of the judicial
district. The provisions of this paragraph shall not apply to any person who
is not in compliance with K.S.A. 2012 Supp. 75 -7cl9, and amendments
thereto.
(3) Notwithstanding the provisions of subsection (a) or (b), it is not a
violation of this section for a law enforcement officer from another state or
a retired law enforcement officer meeting the requirements of the federal
law enforcement officers safety act, 18 U.S.C. §§ 926B and 9260, to
possess a handgun within any of the buildings described in subsection (a)
or (b), subject to any restrictions or prohibitions imposed in any
courtroom by the chief judge of the judicial district.
(d) ()g For the purposes of this section; :
(1) "Adequate security measures" shall have the same meaning as the
term is defined in section 2, and amendments thereto;
(2) "building" shall not include any structure, or any area of any
structure, designated for the parking of motor vehicles.
(e) (g) Nothing in this act shall be construed to authorize the carrying
or possession of a handgun where prohibited by federal law.
(#) (h) The attorney general shall adopt rules and regulations
prescribing the location, content, size and other characteristics of signs to
be posted on premises where carrying a concealed handgun is prohibited
pursuant to subsections (a) and (b). Such regulations shall prescribe, at a
minimum, that:
(1) The signs be posted at all exterior entrances to the prohibited
buildings;
(2) they the signs be posted at eye level of adults using the entrance
and not more than 12 inches to the right or left of such entrance;
(3) the signs not be obstructed or altered in any way; and
(4) signs which become illegible for any reason be immediately
replaced.
Sec. 9. K.S.A. 2012 Supp. 75 -7cl7 is hereby amended to read as
follows: 75 -7c 17. (a) The legislature finds as a matter of public policy and
fact that it is necessary to provide statewide uniform standards for issuing
licenses to carry concealed handguns for self - defense and fmds it
necessary to occupy the field of regulation of the bearing of concealed
handguns for self - defense to ensure that no honest, law- abiding person
who qualifies under the provisions of this act is subjectively or arbitrarily
denied the person's rights. No city, county or other political subdivision of
this state shall regulate, restrict or prohibit the carrying of concealed
handguns by persons licensed under this act except as provided in section
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
HB 2052 —Am. by SCW 23
2, and amendments thereto, and in subsection (b) of K.S.A. 2012 Supp.
75 -760, and amendments thereto, and subsection (f) of K.S.A. 21 -4218,
prior to its repeal, or subsection (e) of K.S.A. 2012 Supp. 21 -6309, and
amendments thereto. Any existing or future law, ordinance, rule, regulation
or resolution enacted by any city, county or other political subdivision of
this state that regulates, restricts or prohibits the carrying of concealed
handguns by persons licensed under this act except as provided in section
2, and amendments thereto, and in subsection (b) of K.S.A. 2012 Supp.
75 -7c10, and amendments thereto, and subsection (f) of K.S.A. 21 -4218,
prior to its repeal, or subsection (e) of K.S.A. 2012 Supp. 21 -6309, and
amendments thereto, shall be null and void.
(b) Prosecution of any person licensed under the personal and family
protection act, and amendments thereto, for violating any restrictions on
licensees will be done through the district court.
(c) The legislature does not delegate to the attorney general the
authority to regulate or restrict the issuing of licenses provided for in this
act, beyond those provisions of this act pertaining to licensing and training.
Subjective or arbitrary actions or rules and regulations which encumber
the issuing process by placing burdens on the applicant beyond those
sworn statements and specified documents detailed in this act or which
create restrictions beyond those specified in this act are in conflict with the
intent of this act and are prohibited.
(d) This act shall be liberally construed. This act is supplemental and
additional to existing constitutional rights to bear arms and nothing in this
act shall impair or diminish such rights.
Sec. 10. K.S.A. 2012 Supp. 21 -6302, 21 -6309, 45 -221, 45 -221j, 45-
221., 75 -7c05, 75 -7c06, 75 -700 and 75 -707 are hereby repealed.
Sec. 11. This act shall take effect and be in force from and after its
publication in the statute book.
RESOLUTION NUMBER 13 -7014
A RESOLUTION EXEMPTING ALL CITY OF SALINA OWNED BUILDINGS FROM
THE PROVISIONS OF THE KANSAS PERSONAL AND FAMILY PROTECTION ACT
THROUGH DECEMBER 31, 2013.
WHEREAS, during the 2013 legislative session, Senate Substitute for House Bill No. 2052, titled
the "Personal and Family Protection Act" (PFPA) was signed into law; and
WHEREAS, this new law requires municipal governments to allow persons to carry concealed
handguns into municipal buildings if "adequate security measures" (meaning "the use of electronic
equipment and personnel at public entrances to detect and restrict the carrying of any weapons into
the state or municipal building) have not been applied and proper signage posted; and
WHEREAS, that the application of the law overrules local government's employment authority by
specifically including protections under the law for employees of municipalities that are on duty in
the workplace; and
WHEREAS, the law provides specific exclusions from its provisions, including: corrections
facilities, jail facilities, and law enforcement agencies, and the ability of the chief judge in each
judicial district (not municipal courts) to prohibit carrying of conceal handguns into courtrooms or
ancillary courtrooms as longs as other security is employed; and
WHEREAS, the PFPA provides for certain exemption or "opt -out" provisions that allows a
municipality to exempt their buildings from the provisions of the law through December 31, 2013
and may exempt their buildings for up to a four -year period if a security plan is provided which
provides for adequate security; and
WHEREAS, the City of Salina has numerous building sites throughout the community, and
inventory of each building, review of the policy and cost implications of those considered relevant
to the provisions of the PFPA will take significant time. SO NOW, THEREFORE,
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. That the Mayor notifies the Kansas attorney general and local law enforcement agencies
prior to July 1, 2013, that the buildings owned by the City of Salina are hereby exempted from the
Kansas Personal and Family Protection Act through December 31, 2013.
Section 2. That the city manager and staff are hereby directed to inventory all City owned
buildings, review security policies, and the cost implications relevant to the provisions of the Act.
Section 3. This Resolution shall take effect and be in full force immediately after its adoption by
the governing body.
Adopted by the Board of Commissioners and signed by the Mayor this 24th day of June, 2013
Barbara V. Shirley, Mayor
(SEAL)
ATTEST:
Lieu Ann Elsey, CMC, City Clerk