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Kansas Liberty.com, a web news organization reports Representive Lance Kinzer is preparing a illegal immigration bill for the 2009 legislative session. The bill will focus on eliminating in-state tuition for illegal aliens and require law enforcement to verify citizenship of arrested individuals. Kire endorses this legislation.
Kansas Liberty: 29 December 2008Bill would include an end to in-state tuition breaks for illegal aliens. Tactics will change, but goals of immigration reform advocates remain the same
Rep. Lance Kinzer, the Olathe Republican who sponsored a comprehensive immigration reform bill that failed to make it through the 2008 Legislature, said lessons learned during that campaign will guide his latest effort to crack down on illegal immigration. Kinzer, the newly appointed chair of the House Judiciary Committee, told Kansas Liberty Monday that he may have over-reached in attempting to pass the comprehensive reform package and that he would attempt an incremental approach after the Legislature convenes in January. He said a more limited bill might have a higher likelihood of success, thus building momentum that could be a springboard for other legislative initiatives in the coming session and beyond. “Getting something is better than nothing, and I didn’t think, tactically speaking, that fighting last year’s battle all over again was the way to go,” Kinzer said.
He pointed out that a California bill that would have ended in-state tuition for illegal immigrants passed constitutional muster before a state appeals court earlier this year. Outgoing Kansas GOP Chair Kris Kobach was among lawyers who argued in favor of the bill’s constitutionality. Kobach is assisting in crafting the bill Kinzer plans to introduce. Given the state’s dire budget situation, Kinzer said he was purposely attempting to draft a bill that would have little impact on the state’s bottom line.
The bill will be partly defined by what it does not include. Last year’s bill, for example, included a provision that would have compelled small businesses to verify a prospective employee’s citizenship. The bill also included penalties for businesses that hired illegal immigrants. Both provisions were generally opposed by business advocates. Kinzer said he continued to believe those provisions were needed but that he didn’t want to see a new bill bogged down over the same conflict.
Kinzer said he was unsure at this point whether he would seek House co-sponsors and introduce a bill personally, or whether he would seek to have the bill initiated by the House Judiciary Committee. “I haven’t made a final determination on how to proceed,” Kinzer said. He said he would circulate a draft of the bill to House and Senate colleagues before introducing it. - Phil LaCerte
Keep at itPosted by Steve Fitzgerald at 2008-12-29 21:40
Representative Kinzer and others are to be commended for continuing to work this issue. This new approach makes a lot of sense – we did not get into this mess overnight and it will take some time to sort it out. This sounds like a good beginning.
Steve Fitzgerald Immigration ReformPosted by Connie O’Brien at 2008-12-30 10:19
I have great respect for Representative Lance Kinzer and his efforts to address our illegal immigration issues here in Kansas. I totally agree that removing incentives that attract illegal immigrants is something that is long overdo. If the incremental approach is the only way to make some progress, let’s do what we can.
ILLEGAL IMMIGRATIONPosted by Robert Cuncic at 2008-12-30 12:12
“Bill would include an end to in-state tuition breaks for illegal aliens.”
Well, this is a VERY GOOD start. Why should ILLEGAL ALIENS be able to use our schools when by law, they shouldn’t even be here! This illegal immigration has caused more problems than anyone could have ever imagined! I can’t say the ILLEGAL ALIENS are completely to blame for the shape of our economy, but they are a BIG part of the problem. The ILLEGAL ALIENS send BILLIONS upon BILLIONS out of this Country every year, money we will NEVER see again. Does this help our economy? How about the BILLIONS the American taxpayers fork out for the ANCHOR BABIES, the schooling of them, the medical care and the list goes on, and on, and on. Then you have these so called activist groups that want AMNESTY for these ILLEGAL ALIENS. It would be absolute suicide for this Country if AMNESTY were granted to the 20 million or so ILLEGAL ALIENS. We have more and more people out of work everyday and they want to add another 20 million to this Country? I say, “NO”! If AMNESTY were ever granted to these 20 million ILLEGAL ALIENS, you can bet big money that 3 years from now, there would be ANOTHER 3-5 million ILLEGAL ALIENS demonstrating on our soil for AMNESTY. I don’t wish to lose my privilege on this site, so I will refrain from using the words that fit here. An end MUST come to this illegal immigration. The perfect tool we have so far is E-Verify. It MUST be used on ALL businesses and Government Social Services. EVERY employee must be checked! If they are illegal, they are to be dismissed and deported! I believe it is time for all 50 States to pass a State law, like Arizona, Oklahoma, Mississippi, Missouri, South Carolina and a few others. It is time for these ILLEGAL ALIENS to go back to their home Country and get out of this Country. The problems they are causing will not go away until the ILLEGAL ALIENS are out of this Country. I think that is plain to see. KANSAS, GET A STATE LAW! I suggest Oklahoma’s Illegal Immigration Law. |
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Rep. Kinzer Preparing 2009 Illegal Immigration Bill
Published December 30, 2008 Uncategorized Leave a Comment
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Session of 2008
Substitute for SENATE BILL No. 458
By Committee on Federal and State Affairs
3-12
AN ACT enacting the Kansas immigration enforcement and reform act;
amending K.S.A. 21-3446, 21-3447, 21-4643, 22-4902 and 22-4906 and
K.S.A. 2007 Supp. 38-2361, 60-4104, 75-451, 75-452 and 75-453 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. As used in the Kansas immigration enforcement and
reform act:
(a) ‘‘Alien’’ means any person who is not a citizen or national of the
United States, as described in Title 8, Section 1101 of the United States
Code, et seq., and amendments thereto.
(b) ‘‘Business entity’’ means any person or group of persons perform-
ing or engaging in any activity, enterprise, profession or occupation for
gain, benefit, advantage or livelihood, whether for profit or not-for-profit.
‘‘Business entity’’ shall not include an individual employing casual do-
mestic labor.
(c) ‘‘Unauthorized alien’’ means an alien who is not authorized to
work in the United States, as defined in 8 U.S.C. 1324a(h)(3).
(d) ‘‘E-verify’’ means the electronic verification of employment au-
thorization program of the illegal immigration reform and immigrant re-
sponsibility act of 1996, P.L. 104-208, division C, section 403(a); 8 U.S.C.
1324(a), and operated by the United States department of homeland se-
curity, or its successor program.
New Sec. 2. (a) An alien who is not lawfully present in the United
States shall not be eligible to receive any state or local public benefit from
any state, county or local government entity in the state of Kansas, except
for state or local public benefits that are required to be offered by federal
law.
(b) For the purposes of this section, ‘‘public benefit’’ includes: Any
grant, contract, loan or license provided by an agency of state or local
government; or any retirement, welfare, health, disability, housing, post-
secondary education, food assistance or unemployment benefit under
which payments, assistance, credits or reduced rates.
‘‘Public benefit’’ shall not include reduced fees or tuition provided un-
der K.S.A. 2007 Supp. 76-731a, and amendments thereto.
Sub. SB 458
2
New Sec. 3. All state officials, agencies and personnel shall fully com-
ply with, and, to the full extent permitted by law, support the enforcement
of federal law prohibiting the entry into, presence or residence in the
United States of aliens in violation of federal immigration law.
New Sec. 4. Sections 1 through 3, and amendments thereto, shall be
known and may be cited as the Kansas immigration enforcement and
reform act.
New Sec. 5. (a) In the state of Kansas, it shall be unlawful for a
business entity to knowingly engage in a pattern or practice of hiring,
recruiting or referring for a fee for employment an unauthorized alien.
(b) Upon finding probable cause to believe a violation of this section
has occurred, the attorney general may bring a civil suit in district court
to enforce this section except that no such suit shall be filed against a
business entity who participated in the federal e-verify system, if such
business entity provides documentation that such system was used prior
to the hiring of the specific persons alleged to be unauthorized aliens and
that such system did not raise concerns about such persons being unau-
thorized aliens.
(c) If the district court, after conducting a trial, finds a business entity
to be in violation of this section, the court shall enter an injunction per-
manently enjoining the business entity from further violation of this
section.
(d) If a district court, after notice and hearing finds a business entity
to be in violation of a permanent injunction issued pursuant to subsection
(c), the court shall order the business entity to appear and show cause
why such business entity should not be held in contempt.
(e) Any business entity named as a defendant in a suit brought under
authority of this section may, as an affirmative defense to such charge,
plead and prove that the business entity properly completed an I-9 form
as required by federal law in regard to the hiring of the person or persons
alleged to be unauthorized aliens.
New Sec. 6. (a) There is hereby established within the office of the
attorney general an illegal immigration enforcement division.
(b) The illegal immigration enforcement division shall be responsible
for the investigation and enforcement of the criminal and civil prohibi-
tions established under this act, the provisions of K.S.A. 21-3446, 21-3447
and 21-4409, and amendments thereto, and sections 7 and 8, and amend-
ments thereto.
(c) The attorney general shall have authority to prosecute any civil or
criminal violation under this act.
New Sec. 7. (a) Employment identity fraud is willfully presenting to
an employer false or misleading identification documents for the purpose
of obtaining employment in the state of Kansas.
43Sub. SB 458
3
(b) Employment identity fraud is a severity level 8, nonperson felony.
(c) This section shall be part of and supplemental to the Kansas crim-
inal code.
New Sec. 8. (a) Coercing employment is labor or services that are
performed or provided by another person and that are obtained or main-
tained through any of the following:
(1) Causing or threatening to cause serious physical injury to any
person;
(2) physically restraining or threatening to physically restrain another
person;
(3) abusing or threatening to abuse the law or legal process;
(4) threatening to withhold food, lodging or clothing; or
(5) knowingly destroying, concealing, removing, confiscating or pos-
sessing any actual or purported passport or other immigration document,
or any other actual or purported government identification document, of
another person.
(b) Coercing employment is a severity level 9, person felony.
(c) This section shall be part of and supplemental to the Kansas crim-
inal code.
New Sec. 9. (a) The sentence of any person who is convicted of vi-
olating any criminal statute in this state shall not be subject to statutory
provisions for suspended sentence, conditional release, community serv-
ice or probation, if such person’s presence in the United States is in
violation of federal immigration laws.
(b) The provisions of this section shall apply to crimes committed
after July 1, 2008.
(c) This section shall be part of and supplemental to the Kansas crim-
inal code.
Sec. 10. K.S.A. 21-3446 is hereby amended to read as follows: 21-
3446. (a) Human trafficking is:
(1) Recruiting, harboring, transporting, providing or obtaining, by any
means, another person knowing that force, fraud, threat or coercion will
be used to cause the person to engage in forced labor or involuntary
servitude; or The recruitment, harboring, transportation, provision or obtaining
of a person for labor or services, through the use of force, fraud
or coercion for the purpose of subjecting the person to involuntary servitude
or forced labor;
(2) benefitting financially or by receiving anything of value from par-
ticipation in a venture that has engaged in acts set forth in subsection (a)
paragraph (1). or (3); or
(3) knowingly transporting or assisting in the transporting of any
person into this state who is not lawfully present in the United States.
(b) Human trafficking is a severity level 2, person felony.
Sub. SB 458
4
(c) This section shall be part of and supplemental to the Kansas crim-
inal code.
Sec. 11. K.S.A. 21-3447 is hereby amended to read as follows: 21-
3447. (a) Aggravated human trafficking is:(1) Human trafficking, as defined in K.S.A. 21-3446, and amend-
ments thereto:
(A) Involving the commission or attempted commission of kidnap-
ping, as defined in K.S.A 21-3420, and amendments thereto;
(B) committed in whole or in part for the purpose of the sexual grat-
ification of the defendant or another; or
(C) resulting in a death; or
(2) recruiting, harboring, transporting, providing or obtaining, by any
means, a person under 18 years of age knowing that the person, with or
without force, fraud, threat or coercion, will be used to engage in forced
labor, involuntary servitude or sexual gratification of the defendant or
another.
(b) Except as provided further, aggravated human trafficking is a se-
verity level 1, person felony. When the offender is 18 years of age or
older, aggravated human trafficking, if the victim is less than 14 years of
age, is an off-grid person felony.
(c) This section shall be part of and supplemental to the Kansas crim-
inal code.
Sec. 12. K.S.A. 21-4643 is hereby amended to read as follows: 21-
4643. (a) (1) Except as provided in subsection (b) or (d), a defendant who
is 18 years of age or older and is convicted of the following crimes com-
mitted on or after July 1, 2006, shall be sentenced to a term of impris-
onment for life with a mandatory minimum term of imprisonment of not
less than 25 years unless the court determines that the defendant should
be sentenced as determined in paragraph (2):
(A) Aggravated human trafficking, as defined in K.S.A. 21-3447, and
amendments thereto, if the victim is less than 14 years of age;
(B) rape, as defined in subsection (a)(2) of K.S.A. 21-3502, and
amendments thereto;
(C) aggravated indecent liberties with a child, as defined in subsec-
tion (a)(3) of K.S.A. 21-3504, and amendments thereto;
(D) aggravated criminal sodomy, as defined in subsection (a)(1) or
(a)(2) of K.S.A. 21-3506, and amendments thereto;
(E) promoting prostitution, as defined in K.S.A. 21-3513, and amend-
ments thereto, if the prostitute is less than 14 years of age;
(F) sexual exploitation of a child, as defined in subsection (a)(5) or
(a)(6) of K.S.A. 21-3516, and amendments thereto; and
(G) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303, and amendments thereto, of an of-
. SB 458
5
fense defined in paragraphs (A) through (F).
(2) The provision of paragraph (1) requiring a mandatory minimum
term of imprisonment of not less than 25 years shall not apply if the court
finds:
(A) The defendant is an aggravated habitual sex offender and sen-
tenced pursuant to K.S.A. 21-4642, and amendments thereto; or
(B) the defendant, because of the defendant’s criminal history clas-
sification, is subject to presumptive imprisonment pursuant to the sen-
tencing guidelines grid for nondrug crimes and the sentencing range ex-
ceeds 300 months. In such case, the defendant is required to serve a
mandatory minimum term equal to the sentence established pursuant to
the sentencing range.
(b) (1) On and after July 1, 2006, if a defendant who is 18 years of
age or older is convicted of a crime listed in subsection (a)(1) and such
defendant has previously been convicted of a crime listed in subsection
(a)(1), a crime in effect at any time prior to the effective date of this act
which is substantially the same as a crime listed in subsection (a)(1) or a
crime under a law of another jurisdiction which is substantially the same
as a crime listed in subsection (a)(1), the court shall sentence the de-
fendant to a term of imprisonment for life with a mandatory minimum
term of imprisonment of not less than 40 years. The provisions of this
paragraph shall not apply to a crime committed under K.S.A. 21-3522,
and amendments thereto, or a crime under a law of another jurisdiction
which is substantially the same as K.S.A. 21-3522, and amendments
thereto.
(2) The provision of paragraph (1) requiring a mandatory minimum
term of imprisonment of not less than 40 years shall not apply if the court
finds:
(A) The defendant is an aggravated habitual sex offender and sen-
tenced pursuant to K.S.A. 21-4642, and amendments thereto; or
(B) the defendant, because of the defendant’s criminal history clas-
sification, is subject to presumptive imprisonment pursuant to the sen-
tencing guidelines grid for nondrug crimes and the sentencing range ex-
ceeds 480 months. In such case, the defendant is required to serve a
mandatory minimum term equal to the sentence established pursuant to
the sentencing range.
(c) When a person is sentenced pursuant to subsection (a) or (b),
such person shall be sentenced to a mandatory minimum term of im-
prisonment of not less than 25 years, 40 years or be sentenced as deter-
mined in subsection (a)(2) or subsection (b)(2), whichever is applicable,
and shall not be eligible for probation or suspension, modification or
reduction of sentence. In addition, a person sentenced pursuant to this
section shall not be eligible for parole prior to serving such mandatory
Sub. SB 458
6
term of imprisonment, and such imprisonment shall not be reduced by
the application of good time credits.
(d) On or after July 1, 2006, for a first time conviction of an offense
listed in paragraph (a)(1), the sentencing judge shall impose the manda-
tory minimum term of imprisonment provided by subsection (a), unless
the judge finds substantial and compelling reasons, following a review of
mitigating circumstances, to impose a departure. If the sentencing judge
departs from such mandatory minimum term of imprisonment, the judge
shall state on the record at the time of sentencing the substantial and
compelling reasons for the departure. The departure sentence shall be
the sentence pursuant to the sentencing guidelines act, K. S. A. 21-4701
et seq., and amendments thereto, and no sentence of a mandatory min-
imum term of imprisonment shall be imposed hereunder. as used in this
subsection, mitigating circumstances shall include, but are not limited to,
the following:
(1) The defendant has no significant history of prior criminal activity.
(2) The crime was committed while the defendant was under the
influence of extreme mental or emotional disturbances.
(3) The victim was an accomplice in the crime committed by another
person, and the defendant’s participation was relatively minor.
(4) The defendant acted under extreme distress or under the sub-
stantial domination of another person.
(5) The capacity of the defendant to appreciate the criminality of the
defendant’s conduct or to conform the defendant’s conduct to the
requirements of law was substantially impaired.
(6) The age of the defendant at the time of the crime.
Sec. 13. K.S.A. 22-4902 is hereby amended to read as follows: 22-
4902. As used in this act, unless the context otherwise requires:
(a) ‘‘Offender’’ means: (1) A sex offender as defined in subsection (b);
(2) a violent offender as defined in subsection (d);
(3) a sexually violent predator as defined in subsection (f);
(4) any person who, on and after the effective date of this act, is
convicted of any of the following crimes when the victim is less than 18
years of age:
(A) Kidnapping as defined in K.S.A. 21-3420 and amendments
thereto, except by a parent;
(B) aggravated kidnapping as defined in K.S.A. 21-3421 and amend-
ments thereto; or
(C) criminal restraint as defined in K.S.A. 21-3424 and amendments
thereto, except by a parent;
(5) any person convicted of any of the following criminal sexual con-
duct if one of the parties involved is less than 18 years of age:
(A) Adultery as defined by K.S.A. 21-3507, and amendments thereto;
. SB 458
7
(B) criminal sodomy as defined by subsection (a)(1) of K.S.A. 21-
3505, and amendments thereto;
(C) promoting prostitution as defined by K.S.A. 21-3513, and amend-
ments thereto;
(D) patronizing a prostitute as defined by K.S.A. 21-3515, and
amendments thereto;
(E) lewd and lascivious behavior as defined by K.S.A. 21-3508, and
amendments thereto; or
(F) unlawful sexual relations as defined by K.S.A. 21-3520, and
amendments thereto;
(6) any person who has been required to register under any federal,
military or other state’s law or is otherwise required to be registered;
(7) any person who, on or after July 1, 2006, is convicted of any person
felony and the court makes a finding on the record that a deadly weapon
was used in the commission of such person felony;
(8) any person who has been convicted of an offense in effect at any
time prior to the effective date of this act, that is comparable to any crime
defined in subsection (4), (5), (7) or (11), or any federal, military or other
state conviction for an offense that under the laws of this state would be
an offense defined in subsection (4), (5), (7) or (11);
(9) any person who has been convicted of an attempt, conspiracy or
criminal solicitation, as defined in K.S.A. 21-3301, 21-3302 or 21-3303
and amendments thereto, of an offense defined in subsection (4), (5), (7)
or (10);
(10) any person who has been convicted of aggravated human traf-
ficking as defined in K.S.A. 21-3447, and amendments thereto; or
(11) any person who has been convicted of: (A) Unlawful manufac-
ture or attempting such of any controlled substance as defined by K.S.A.
65-4159, and amendments thereto, unless the court makes a finding on
the record that the manufacturing or attempting to manufacture such
controlled substance was for such person’s personal use;
(B) possession of ephedrine, pseudoephedrine, red phosphorus, lith-
ium metal, sodium metal, iodine, anhydrous ammonia, pressurized am-
monia or phenylpropanolamine, or their salts, isomers or salts of isomers
with intent to use the product to manufacture a controlled substance as
defined by K.S.A. 65-7006, and amendments thereto, unless the court
makes a finding on the record that the possession of such product was
intended to be used to manufacture a controlled substance for such per-
son’s personal use; or
(C) K.S.A. 65-4161, and amendments thereto.
Convictions which result from or are connected with the same act, or
result from crimes committed at the same time, shall be counted for the
purpose of this section as one conviction. Any conviction set aside pur-
Sub. SB 458
8
suant to law is not a conviction for purposes of this section. A conviction
from another state shall constitute a conviction for purposes of this
section.
(b) ‘‘Sex offender’’ includes any person who, after the effective date
of this act, is convicted of any sexually violent crime set forth in subsection
(c) or is adjudicated as a juvenile offender for an act which if committed
by an adult would constitute the commission of a sexually violent crime
set forth in subsection (c).
(c) ‘‘Sexually violent crime’’ means:
(1) Rape as defined in K.S.A. 21-3502 and amendments thereto;
(2) indecent liberties with a child as defined in K.S.A. 21-3503 and
amendments thereto;
(3) aggravated indecent liberties with a child as defined in K.S.A. 21-
3504 and amendments thereto;
(4) criminal sodomy as defined in subsection (a)(2) and (a)(3) of
K.S.A. 21-3505 and amendments thereto;
(5) aggravated criminal sodomy as defined in K.S.A. 21-3506 and
amendments thereto;
(6) indecent solicitation of a child as defined by K.S.A. 21-3510 and
amendments thereto;
(7) aggravated indecent solicitation of a child as defined by K.S.A.
21-3511 and amendments thereto;
(8) sexual exploitation of a child as defined by K.S.A. 21-3516 and
amendments thereto;
(9) sexual battery as defined by K.S.A. 21-3517 and amendments
thereto;
(10) aggravated sexual battery as defined by K.S.A. 21-3518 and
amendments thereto;
(11) aggravated incest as defined by K.S.A. 21-3603 and amendments
thereto; or
(12) any conviction for an offense in effect at any time prior to the
effective date of this act, that is comparable to a sexually violent crime as
defined in subparagraphs (1) through (11), or any federal, military or
other state conviction for an offense that under the laws of this state would
be a sexually violent crime as defined in this section;
(13) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of a sex-
ually violent crime, as defined in this section; or
(14) any act which at the time of sentencing for the offense has been
determined beyond a reasonable doubt to have been sexually motivated.
As used in this subparagraph, ‘‘sexually motivated’’ means that one of the
purposes for which the defendant committed the crime was for the pur-
pose of the defendant’s sexual gratification.
Sub. SB 458
9
(d) ‘‘Violent offender’’ includes any person who, after the effective
date of this act, is convicted of any of the following crimes:
(1) Capital murder as defined by K.S.A. 21-3439 and amendments
thereto;
(2) murder in the first degree as defined by K.S.A. 21-3401 and
amendments thereto;
(3) murder in the second degree as defined by K.S.A. 21-3402 and
amendments thereto;
(4) voluntary manslaughter as defined by K.S.A. 21-3403 and amend-
ments thereto;
(5) involuntary manslaughter as defined by K.S.A. 21-3404 and
amendments thereto; or
(6) any conviction for an offense in effect at any time prior to the
effective date of this act, that is comparable to any crime defined in this
subsection, or any federal, military or other state conviction for an offense
that under the laws of this state would be an offense defined in this
subsection; or
(7) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an of-
fense defined in this subsection.
(e) ‘‘Law enforcement agency having jurisdiction’’ means the sheriff
of the county in which the offender expects to reside upon the offender’s
discharge, parole or release.
(f) ‘‘Sexually violent predator’’ means any person who, on or after July
1, 2001, is found to be a sexually violent predator pursuant to K.S.A. 59-
29a01 et seq. and amendments thereto.
(g) ‘‘Nonresident student or worker’’ includes any offender who
crosses into the state or county for more than 14 days, or for an aggregate
period exceeding 30 days in a calendar year, for the purposes of employ-
ment, with or without compensation, or to attend school as a student.
(h) ‘‘Aggravated offenses’’ means engaging in sexual acts involving
penetration with victims of any age through the use of force or the threat
of serious violence, or engaging in sexual acts involving penetration with
victims less than 14 years of age, and includes the following offenses:
(1) Rape as defined in subsection (a)(1)(A) and subsection (a)(2) of
K.S.A. 21-3502, and amendments thereto;
(2) aggravated criminal sodomy as defined in subsection (a)(1) and
subsection (a)(3)(A) of K.S.A. 21-3506, and amendments thereto; and
(3) any attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303 and amendments thereto, of an of-
fense defined in this subsection.
(i) ‘‘Institution of higher education’’ means any post-secondary school
under the supervision of the Kansas board of regents.
Sub. SB 458
10
Sec. 14. K.S.A. 22-4906 is hereby amended to read as follows: 22-
4906. (a) Except as provided in subsection (d), any person required to
register as provided in this act shall be required to register: (1) Upon the
first conviction of a sexually violent crime as defined in subsection (c) of
K.S.A. 22-4902, and amendments thereto, any offense as defined in sub-
section (a) of K.S.A. 22-4902, and amendments thereto, or any offense as
defined in subsection (d) of K.S.A. 22-4902, and amendments thereto, if
not confined, for a period of 10 years after conviction, or, if confined, for
a period of 10 years after paroled, discharged or released, whichever date
is most recent. The ten-year period shall not apply to any person while
the person is incarcerated in any jail or correctional facility. The ten-year
registration requirement does not include any time period when any per-
son who is required to register under this act knowingly or willfully fails
to comply with the registration requirement; or (2) upon a second or
subsequent conviction for such person’s lifetime.
(b) Upon the first conviction, liability for registration terminates, if
not confined, at the expiration of 10 years from the date of conviction,
or, if confined, at the expiration of 10 years from the date of parole,
discharge or release, whichever date is most recent. The ten-year period
shall not apply to any person while the person is incarcerated in any jail
or correctional facility. The ten-year registration requirement does not
include any time period when any person who is required to register
under this act knowingly or willfully fails to comply with the registration
requirement. Liability for registration does not terminate if the convicted
offender again becomes liable to register as provided by this act during
that period.
(c) Any person who has been convicted of an aggravated offense shall
be required to register for such person’s lifetime.
(d) Any person who has been convicted of any of the following of-
fenses shall be required to register for such person’s lifetime:
(1) Aggravated human trafficking, as defined in K.S.A. 21-3447, and
amendments thereto, if the victim is less than 14 years of age;
(2) rape, as defined in subsection (a)(2) of K.S.A. 21-3502, and
amendments thereto;
(3) aggravated indecent liberties with a child, as defined in subsection
(a)(3) of K.S.A. 21-3504, and amendments thereto;
(4) aggravated criminal sodomy, as defined in subsection (a)(1) or
(a)(2) of K.S.A. 21-3506, and amendments thereto;
(5) promoting prostitution, as defined in K.S.A. 21-3513, and amend-
ments thereto, if the prostitute is less than 14 years of age; or
(6) sexual exploitation of a child, as defined in subsection (a)(5) or
(a)(6) of K.S.A. 21-3516, and amendments thereto.
(e) Any person who has been declared a sexually violent predator
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pursuant to K.S.A. 59-29a01 et seq., and amendments thereto, shall reg-
ister for such person’s lifetime.
(f) Any nonresident worker shall register for the duration of such
person’s employment. The provisions of this subsection are in addition to
subsections (a) and (b).
(g) Any nonresident student shall register for the duration of such
person’s attendance at a school or educational institution as provided in
this act. The provisions of this subsection are in addition to subsections
(a) and (b).
(h) (1) Notwithstanding any other provisions of this section, a person
who is adjudicated as a juvenile offender for an act which if committed
by an adult would constitute the commission of a sexually violent crime
set forth in subsection (c) of K.S.A. 22-4902, and amendments thereto,
and such crime is an off-grid felony or a felony ranked in severity level 1
of the nondrug grid as provided in K.S.A. 21-4704, and amendments
thereto, shall be required to register until such person reaches 18 years
of age, at the expiration of five years from the date of adjudication or, if
confined, from release from confinement, whichever date occurs later.
The five-year period shall not apply to any person while that person is
incarcerated in any jail, juvenile facility or correctional facility. The five-
year registration requirement does not include any time period when any
person who is required to register under this act knowingly or willfully
fails to comply with the registration requirement.
(2) (A) A person who is adjudicated as a juvenile offender for an act
which if committed by an adult would constitute the commission of a
sexually violent crime set forth in subsection (c) of K.S.A. 22-4902, and
amendments thereto, and such crime is not an off-grid felony or a felony
ranked in severity level 1 of the nondrug grid as provided in K.S.A. 21-
4704, and amendments thereto, may, by the court:
(i) Be required to register pursuant to the provisions of paragraph
(1);
(ii) not be required to register if the judge, on the record, finds sub-
stantial and compelling reasons therefor; or
(iii) be required to register with the sheriff pursuant to K.S.A. 22-
4904, and amendments thereto, but such registration information shall
not be open to inspection by the public or posted on any internet website,
as provided in K.S.A. 22-4909, and amendments thereto. If the court
requires the juvenile to register but such registration is not open to the
public, the juvenile shall provide a copy of such court order to the sheriff
at the time of registration. The sheriff shall forward a copy of such court
order to the Kansas bureau of investigation.
(B) If such juvenile offender violates a condition of release during
the term of the conditional release, the judge may require the juvenile
Sub. SB 458
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offender to register pursuant to paragraph (1).
(3) Liability for registration does not terminate if the adjudicated of-
fender again becomes liable to register as provided by this act during the
required period.
(4) The provisions of paragraph (2)(A)(ii) shall apply to adjudications
on and after the effective date of this act and retroactively to adjudications
prior to July 1, 2007.
(i) Any person moving to the state of Kansas who has been convicted
in another state, and who was required to register under that state’s laws,
shall register for the same length of time required by that state or Kansas,
whichever length of time is longer. The provisions of this subsection shall
apply to convictions prior to June 1, 2006 and to persons who moved to
Kansas prior to June l, 2006.
Sec. 15. K.S.A. 2007 Supp. 38-2361 is hereby amended to read as
follows: 38-2361. (a) Upon adjudication as a juvenile offender pursuant
to K.S.A. 2007 Supp. 38-2356, and amendments thereto, modification of
sentence pursuant to K.S.A. 2007 Supp. 38-2367, and amendments
thereto, or violation of a condition of sentence pursuant to K.S.A. 2007
Supp. 38-2368, and amendments thereto, and subject to subsection (a)
of K.S.A. 2007 Supp. 38-2365, and amendments thereto, the court may
impose one or more of the following sentencing alternatives. In the event
that any sentencing alternative chosen constitutes an order authorizing or
requiring removal of the juvenile from the juvenile’s home and such find-
ings either have not previously been made or the findings are not or may
no longer be current, the court shall make determinations as required by
K.S.A. 2007 Supp. 38-2334 and 38-2335, and amendments thereto.
(1) Place the juvenile on probation through court services or com-
munity corrections for a fixed period, subject to terms and conditions the
court deems appropriate consistent with juvenile justice programs in the
community.
(2) Order the juvenile to participate in a community based program
available in such judicial district subject to the terms and conditions the
court deems appropriate. This alternative shall not be ordered with the
alternative in paragraph (12) and when ordered with the alternative in
paragraph (10) shall constitute a recommendation. Requirements per-
taining to child support may apply if custody is vested with other than a
parent.
(3) Place the juvenile in the custody of a parent or other suitable
person, subject to terms and conditions consistent with juvenile justice
programs in the community. This alternative shall not be ordered with
the alternative in paragraph (10) or (12). Requirements pertaining to child
support may apply if custody is vested with other than a parent.
(4) Order the juvenile to attend counseling, educational, mediation
Sub. SB 458
13
or other sessions, or to undergo a drug evaluation pursuant to subsection
(b).
(5) Suspend or restrict the juvenile’s driver’s license or privilege to
operate a motor vehicle on the streets and highways of this state pursuant
to subsection (c).
(6) Order the juvenile to perform charitable or community service
work.
(7) Order the juvenile to make appropriate reparation or restitution
pursuant to subsection (d).
(8) Order the juvenile to pay a fine not exceeding $1,000 pursuant to
subsection (e).
(9) Place the juvenile under a house arrest program administered by
the court pursuant to K.S.A. 21-4603b, and amendments thereto.
(10) Place the juvenile in the custody of the commissioner as provided
in K.S.A. 2007 Supp. 38-2365, and amendments thereto. This alternative
shall not be ordered with the alternative in paragraph (3) or (12). Except
for a mandatory drug and alcohol evaluation, when this alternative is or-
dered with alternatives in paragraphs (2), (4) and (9), such orders shall
constitute a recommendation by the court. Requirements pertaining to
child support shall apply under this alternative.
(11) Commit the juvenile to a sanctions house for a period no longer
than 28 days subject to the provisions of subsection (f).
(12) Commit the juvenile directly to the custody of the commissioner
for a period of confinement in a juvenile correctional facility and a period
of aftercare pursuant to K.S.A. 2007 Supp. 38-2369, and amendments
thereto. The provisions of K.S.A. 2007 Supp. 38-2365, and amendments
thereto, shall not apply to juveniles committed pursuant to this provision.
This alternative may be ordered with the alternative in paragraph (7).
Requirements pertaining to child support shall apply under this
alternative.
(b) If the court orders the juvenile to attend counseling, educational,
mediation or other sessions, or to undergo a drug and alcohol evaluation
pursuant to subsection (a)(4), the following provisions apply:
(1) The court may order the juvenile offender to participate in coun-
seling or mediation sessions or a program of education, including place-
ment in an alternative educational program approved by a local school
board. The costs of any counseling or mediation may be assessed as ex-
penses in the case. No mental health center shall charge a fee for court-
ordered counseling greater than what the center would have charged the
person receiving the counseling if the person had requested counseling
on the person’s own initiative. No mediator shall charge a fee for court-
ordered mediation greater than what the mediator would have charged
the person participating in the mediation if the person had requested
Sub. SB 458
14
mediation on the person’s own initiative. Mediation may include the vic-
tim but shall not be mandatory for the victim; and
(2) if the juvenile has been adjudicated to be a juvenile by reason of
a violation of a statute that makes such a requirement, the court shall
order and, if adjudicated for any other offense, the court may order the
juvenile to submit to and complete a drug and alcohol evaluation by a
community-based drug and alcohol safety action program certified pur-
suant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to
exceed the fee established by that statute for such evaluation. The court
may waive the mandatory evaluation if the court finds that the juvenile
completed a drug and alcohol evaluation, approved by the community-
based alcohol and drug safety action program, within 12 months before
sentencing. If the evaluation occurred more than 12 months before sen-
tencing, the court shall order the juvenile to resubmit to and complete
the evaluation and program as provided herein. If the court finds that the
juvenile and those legally liable for the juvenile’s support are indigent,
the court may waive the fee. In no event shall the fee be assessed against
the commissioner or the juvenile justice authority nor shall the fee be
assessed against the secretary of social and rehabilitation services or the
department of social and rehabilitation services if the juvenile is in the
secretary’s care, custody and control.
(c) If the court orders suspension or restriction of a juvenile of-
fender’s driver’s license or privilege to operate a motor vehicle on the
streets and highways of this state pursuant to subsection (a)(5), the fol-
lowing provisions apply:
(1) The duration of the suspension ordered by the court shall be for
a definite time period to be determined by the court. Upon suspension
of a license pursuant to this subsection, the court shall require the juvenile
offender to surrender the license to the court. The court shall transmit
the license to the division of motor vehicles of the department of revenue,
to be retained until the period of suspension expires. At that time, the
licensee may apply to the division for return of the license. If the license
has expired, the juvenile offender may apply for a new license, which shall
be issued promptly upon payment of the proper fee and satisfaction of
other conditions established by law for obtaining a license unless another
suspension or revocation of the juvenile offender’s privilege to operate a
motor vehicle is in effect. As used in this subsection, ‘‘highway’’ and
‘‘street’’ have the meanings provided by K.S.A. 8-1424 and 8-1473, and
amendments thereto. Any juvenile offender who does not have a driver’s
license may have driving privileges revoked. No Kansas driver’s license
shall be issued to a juvenile offender whose driving privileges have been
revoked pursuant to this section for a definite time period to be deter-
mined by the court; and
Sub. SB 458
15
(2) in lieu of suspending a juvenile offender’s driver’s license or priv-
ilege to operate a motor vehicle on the highways of this state, the court
may enter an order which places conditions on the juvenile offender’s
privilege of operating a motor vehicle on the streets and highways of this
state, a certified copy of which the juvenile offender shall be required to
carry any time the juvenile offender is operating a motor vehicle on the
streets and highways of this state. The order shall prescribe a definite
time period for the conditions imposed. Upon entering an order restrict-
ing a juvenile offender’s license, the court shall require the juvenile of-
fender to surrender such juvenile offender’s license to the court. The
court shall transmit the license to the division of vehicles, together with
a copy of the order. Upon receipt thereof, the division of vehicles shall
issue without charge a driver’s license which shall indicate on its face that
conditions have been imposed on the juvenile offender’s privilege of op-
erating a motor vehicle and that a certified copy of the order imposing
the conditions is required to be carried by the juvenile offender when
operating a motor vehicle on the streets and highways of this state. If the
juvenile offender is a nonresident, the court shall cause a copy of the
order to be transmitted to the division and the division shall forward a
copy of it to the motor vehicle administrator of the juvenile offender’s
state of issuance. The court shall furnish to any juvenile offender whose
driver’s license has had conditions imposed on it under this section a copy
of the order, which shall be recognized as a valid Kansas driver’s license
until the division issues the restricted license provided for in this subsec-
tion. Upon expiration of the period of time for which conditions are im-
posed pursuant to this subsection, the juvenile offender may apply to the
division for the return of the license previously surrendered by the ju-
venile offender. In the event the license has expired, the juvenile offender
may apply to the division for a new license, which shall be issued im-
mediately by the division upon payment of the proper fee and satisfaction
of the other conditions established by law unless such juvenile offender’s
privilege to operate a motor vehicle on the streets and highways of this
state has been suspended or revoked prior thereto. If any juvenile of-
fender violates any of the conditions imposed under this subsection, the
juvenile offender’s driver’s license or privilege to operate a motor vehicle
on the streets and highways of this state shall be revoked for a period as
determined by the court in which the juvenile offender is convicted of
violating such conditions.
(d) The following provisions apply to the court’s determination of
whether to order reparation or restitution pursuant to subsection (a)(7):
(1) The court shall order the juvenile to make reparation or restitu-
tion to the aggrieved party for the damage or loss caused by the juvenile
offender’s offense unless it finds compelling circumstances that would
Sub. SB 458
16
render a plan of reparation or restitution unworkable. If the court finds
compelling circumstances that would render a plan of reparation or res-
titution unworkable, the court shall enter such findings with particularity
on the record. In lieu of reparation or restitution, the court may order
the juvenile to perform charitable or social service for organizations per-
forming services for the community; and
(2) restitution may include, but shall not be limited to, the amount
of damage or loss caused by the juvenile’s offense. Restitution may be
made by payment of an amount fixed by the court or by working for the
parties sustaining loss in the manner ordered by the court. An order of
monetary restitution shall be a judgment against the juvenile that may be
collected by the court by garnishment or other execution as on judgments
in civil cases. Such judgment shall not be affected by the termination of
the court’s jurisdiction over the juvenile offender.
(e) If the court imposes a fine pursuant to subsection (a)(8), the fol-
lowing provisions apply:
(1) The amount of the fine may not exceed $1,000 for each offense.
The amount of the fine should be related to the seriousness of the offense
and the juvenile’s ability to pay. Payment of a fine may be required in a
lump sum or installments;
(2) in determining whether to impose a fine and the amount to be
imposed, the court shall consider that imposition of a fine is most appro-
priate in cases where the juvenile has derived pecuniary gain from the
offense and that imposition of a restitution order is preferable to impo-
sition of a fine; and
(3) any fine imposed by court shall be a judgment against the juvenile
that may be collected by the court by garnishment or other execution as
on judgments in civil cases. Such judgment shall not be affected by the
termination of the court’s jurisdiction over the juvenile.
(f) If the court commits the juvenile to a sanctions house pursuant to
subsection (a)(11), the following provisions shall apply:
(1) The court may order commitment for up to 28 days for the same
offense or violation of sentencing condition. The court shall review the
commitment every seven days and, may shorten the initial commitment
or, if the initial term is less than 28 days, may extend the commitment;
(2) if, in the sentencing order, the court orders a sanctions house
placement for a verifiable probation violation and such probation violation
occurs, the juvenile may immediately be taken to a sanctions house and
detained for no more than 48 hours, excluding Saturdays, Sundays and
holidays, prior to court review of the placement. The court and all parties
shall be notified of the sanctions house placement; and
(3) a juvenile over 18 years of age and less than 23 years of age at
sentencing shall be committed to a county jail, in lieu of a sanctions house,
Sub. SB 458
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under the same time restrictions imposed by paragraph (1), but shall not
be committed to or confined in a juvenile detention facility.
(g) Any order issued by the judge pursuant to this section shall be in
effect immediately upon entry into the court’s minutes.
(h) In addition to the requirements of K.S.A. 2007 Supp. 38-2373,
and amendments thereto, if a person is under 18 years of age and con-
victed of a felony or adjudicated as a juvenile offender for an offense if
committed by an adult would constitute the commission of a felony, the
court shall forward a signed copy of the journal entry to the commissioner
within 30 days of final disposition.
(i) Except as further provided, if a juvenile has been adjudged to be
a juvenile offender for an offense that if committed by an adult would
constitute the commission of: (1) Aggravated human trafficking, as de-
fined in K.S.A. 2007 Supp. 21-3447, and amendments thereto, if the vic-
tim is less than 14 years of age; (2) rape, as defined in subsection (a)(2)
of K.S.A. 21-3502, and amendments thereto; (3) aggravated indecent lib-
erties with a child, as defined in subsection (a)(3) of K.S.A. 21-3504, and
amendments thereto; (4) aggravated criminal sodomy, as defined in sub-
section (a)(1) or (a)(2) of K.S.A. 21-3506, and amendments thereto; (5)
promoting prostitution, as defined in K.S.A. 21-3513, and amendments
thereto, if the prostitute is less than 14 years of age; (6) sexual exploitation
of a child, as defined in subsection (a)(5) or (a)(6) of K.S.A. 21-3516, and
amendments thereto; or (7) an attempt, conspiracy or criminal solicita-
tion, as defined in K.S.A. 21-3301, 21-3302 or 21-3303, and amendments
thereto, of an offense defined in parts (1) through (6); the court shall
issue an order prohibiting the juvenile from attending the attendance
center that the victim of the offense attends. If only one attendance center
exists, for which the victim and juvenile are eligible to attend, in the school
district where the victim and the juvenile reside, the court shall hear
testimony and take evidence from the victim, the juvenile, their families
and a representative of the school district as to why the juvenile should
or should not be allowed to remain at the attendance center attended by
the victim. After such hearing, the court may issue an order prohibiting
the juvenile from attending the attendance center that the victim of the
offense attends.
(j) The sentencing hearing shall be open to the public as provided in
K.S.A. 2007 Supp. 38-2353, and amendments thereto.
Sec. 16. K.S.A. 2007 Supp. 60-4104 is hereby amended to read as
follows: 60-4104. Conduct and offenses giving rise to forfeiture under this
act, whether or not there is a prosecution or conviction related to the
offense, are:
(a) All offenses which statutorily and specifically authorize forfeiture;
(b) violations of the uniform controlled substances act, K.S.A. 65-
Sub. SB 458
18
4101 et seq., and amendments thereto;
(c) theft which is classified as a felony violation pursuant to K.S.A.
21-3701, and amendments thereto, in which the property taken was
livestock;
(d) unlawful discharge of a firearm, K.S.A. 21-4219, and amendments
thereto;
(e) money laundering, as described in K.S.A. 65-4142, and amend-
ments thereto;
(f) gambling, as described in K.S.A. 21-4303, and amendmentsthereto, and commercial gambling, as described in K.S.A. 21-4304, and
amendments thereto;
(g) counterfeiting, as described in K.S.A. 2007 Supp. 21-3763, and
amendments thereto;
(h) violations of K.S.A. 2007 Supp. 21-4019, and amendments
thereto;
(i) medicaid fraud, as described in K.S.A. 21-3844 et seq., and amend-
ments thereto;
(j) an act or omission occurring outside this state, which would be a
violation in the place of occurrence and would be described in this section
if the act occurred in this state, whether or not it is prosecuted in any
state;
(k) an act or omission committed in furtherance of any act or omission
described in this section including any inchoate or preparatory offense,
whether or not there is a prosecution or conviction related to the act or
omission;
(l) any solicitation or conspiracy to commit any act or omission de-
scribed in this section, whether or not there is a prosecution or conviction
related to the act or omission;
(m) furtherance of terrorism or illegal use of weapons of mass de-
struction, K.S.A. 2007 Supp. 21-3451, and amendments thereto.;
(n) the commission of any felony by a person whose presence in the
United States is in violation of federal immigration laws; and
(o) human trafficking as described in K.S.A. 21-3446 or 21-3447, and
amendments thereto.
Sec. 17. K.S.A. 2007 Supp. 75-451 is hereby amended to read as
follows: 75-451. The legislature finds that persons attempting to escape
from actual or threatened domestic violence, sexual assault, human traf-
ficking or stalking frequently establish new addresses in order to prevent
their assailants or probable assailants from finding them. The purpose of
K.S.A. 2007 Supp. 75-451 to 75-458, inclusive, and amendments thereto,
is to enable state and local agencies to respond to requests for public
records without disclosing the location of a victim of domestic violence,
sexual assault, human trafficking or stalking, to enable interagency co-
Sub. SB 458
19
operation with the secretary of state in providing address confidentiality
for victims of domestic violence, sexual assault, human trafficking or stalk-
ing, and to enable state and local agencies to accept a program partici-
pant’s use of an address designated by the secretary of state as a substitute
mailing address.
Sec. 18. K.S.A. 2007 Supp. 75-452 is hereby amended to read as
follows: 75-452. The following words and phrases when used in K.S.A.
2007 Supp. 75-451 to 75-458, inclusive, and amendments thereto, shall
have the meanings respectively ascribed to them herein, unless the con-
text clearly requires otherwise:
(a) ‘‘Abuse’’ means:
(1) Causing or attempting to cause physical harm;
(2) placing another person in fear of imminent physical harm;
(3) causing another person to engage involuntarily in sexual relations
by force, threats or duress, or threatening to do so;
(4) engaging in mental abuse, which includes threats, intimidation
and acts designed to induce terror;
(5) depriving another person of necessary health care, housing or
food; or
(6) unreasonably and forcibly restraining the physical movement of
another.
(b) ‘‘Confidential address’’ means a residential street address, school
street address or work street address of an individual, as specified on the
individual’s application to be a program participant under K.S.A. 2007
Supp. 75-451 to 75-458, inclusive, and amendments thereto.
(c) ‘‘Confidential mailing address’’ means an address that is recog-
nized for delivery by the United States postal service.
(d) ‘‘Domestic violence’’ means abuse committed against a victim or
the victim’s spouse or dependent child by:
(1) A current or former spouse of the victim;
(2) a person with whom the victim shares parentage of a child in
common;
(3) a person who is cohabitating with, or has cohabitated with, the
victim;
(4) a person who is related by blood or marriage; or
(5) a person with whom the victim has or had a dating or engagement
relationship.
(e) ‘‘Program participant’’ means a person certified as a program par-
ticipant under K.S.A. 2007 Supp. 75-453, and amendments thereto.
(f) ‘‘Enrolling agent’’ means state and local agencies, law enforcement
offices, nonprofit agencies and any others designated by the secretary of
state that provide counseling and shelter services to victims of domestic
violence, sexual assault, human trafficking or stalking.
Sub. SB 458
20
(g) ‘‘Sexual assault’’ means an act which if committed in this state
would constitute any crime defined in article 35 of chapter 21 of the
Kansas Statutes Annotated.
(h) ‘‘Stalking’’ means an act which if committed in this state would
constitute ‘‘stalking’’ as defined by K.S.A. 60-31a01, and amendments
thereto.
(i) ‘‘Human trafficking’’ means an act which if committed in this statewould constitute the crime of human trafficking as defined by K.S.A. 21-
3446, and amendments thereto.
Sec. 19. K.S.A. 2007 Supp. 75-453 is hereby amended to read as
follows: 75-453. (a) An adult person, an adult family member residing
with the victim, a parent or guardian acting on behalf of a minor, or a
guardian acting on behalf of an incapacitated person, may apply by and
through an enrolling agent to have an address designated by the secretary
of state serve as the person’s address or the address of the minor or
incapacitated person. Program participants shall not apply directly to the
secretary of state. The secretary of state shall approve an application if it
is filed in the manner and on the form prescribed by the secretary of
state signed by the applicant and enrolling agent under penalty of perjury
and providing:
(1) A statement by the applicant that the applicant has good reason
to believe that the applicant, or the minor or incapacitated person on
whose behalf the application is made, is a victim of domestic violence,
sexual assault, human trafficking or stalking and:
(i) That the applicant fears for the applicant’s safety or the applicant’s
children’s safety or the safety of the minor or incapacitated person on
whose behalf the application is made; or
(ii) that by virtue of living with an enrolled program participant, the
applicant fears that the knowledge or publication of the applicants’ where-
abouts will put the enrolled participant in danger.
(2) A designation of the secretary of state as agent for purposes of
service of process and for the purpose of receipt of mail.
(3) The confidential mailing address where the applicant can be con-
tacted by the secretary of state, and the phone number or numbers where
the applicant can be called by the secretary of state.
(4) The confidential address or addresses that the applicant requests
not be disclosed for the reason that disclosure will increase the risk of
domestic violence, sexual assault, human trafficking or stalking.
(5) Evidence that the applicant or the minor or incapacitated person
on whose behalf the application is made, is a victim of domestic violence,
sexual assault, human trafficking or stalking, or is an adult family member
residing with the victim. This evidence may include any of the following:
(A) Law enforcement, court or other federal, state or local govern-
Sub. SB 458
21
ment records or files.
(B) Documentation from a public or private entity that provides as-
sistance to victims of domestic violence, sexual assault, human trafficking
or stalking.
(C) Documentation from a religious, medical or other professional
from whom the applicant has sought assistance in dealing with the alleged
domestic violence, sexual assault, human trafficking or stalking.
(D) Other forms of evidence as determined by the secretary of state.
(6) A statement of whether there are any existing court orders in-
volving the applicant for child support, child custody or child visitation
and whether there are any active court actions involving the applicant for
child support, child custody or child visitation, the name and address of
legal counsel of record and the last known address of the other parent or
parents involved in those court orders or court actions.
(7) The signature of the applicant and of any individual or represen-
tative of any enrolling agent who assisted in the preparation of the appli-
cation, and the date on which the applicant signed the application.
(b) Applications shall be filed in accordance with procedures pre-
scribed by the secretary of state.
(c) Upon filing a properly completed application, the secretary of
state shall certify the applicant as a program participant. Applicants shall
be certified for four years following the date of filing unless the certifi-
cation is withdrawn or invalidated before that date. The secretary of state
shall by rule and regulation establish a renewal procedure.
(d) Upon certification in the program, in any case where there are
court orders or court actions identified in subsection (a)(6), the secretary
of state shall, within 10 days, notify the other parent or parents of the
address designated by the secretary of state for the program participant
and the designation of the secretary of state as agent for purpose of service
of process. The notice shall be given by mail, return receipt requested,
postage prepaid, to the last known address of the other parent to be
notified. A copy shall also be sent to that parent’s counsel of record.
(e) A person who falsely attests in an application that disclosure of
the applicant’s address would endanger the applicant’s safety or the safety
of the applicant’s children or the minor or incapacitated person on whose
behalf the application is made, or who knowingly provides false or incor-
rect information upon making an application, shall be punishable under
K.S.A. 21-3711, and amendments thereto, or other applicable statutes.
New Sec. 20. If any provisions of this act or the application thereof
to any person or circumstances is held invalid, the invalidity shall not
affect other provisions or applications of the act which can be given effect
without the invalid provisions or application, and to this end the provisions
of this act are severable.
Sub. SB 458
22
Sec. 21. K.S.A. 21-3446, 21-3447, 21-4643, 22-4902 and 22-4906 and
K.S.A. 2007 Supp. 38-2361, 60-4104, 75-451, 75-452 and 75-453 are
hereby repealed.
Sec. 22. This act shall take effect and be in force from and after its
publication in the statute book.
DHS Issues Proposal for States to Enhance Driver’s Licenses
Release Date: March 1, 2007
For Immediate Release
Office of the Press Secretary
Contact: (202) 282-8010
Notice of Proposed Rulemaking: REAL ID
The Department of Homeland Security (DHS) announced today its proposal to establish minimum standards for state-issued driver’s licenses and identification cards in compliance with the REAL ID Act of 2005. The REAL ID requirements are a result of recommendations made by the 9/11 Commission, which Congress passed into law, and will enhance the security and integrity of driver’s licenses.
“Raising the security standards on driver’s licenses establishes another layer of protection to prevent terrorists from obtaining and using fake documents to plan or carry out an attack. These standards correct glaring vulnerabilities exploited by some of the 9/11 hijackers who used fraudulently obtained drivers licenses to board the airplanes in their attack againstAmerica,” said Homeland Security Secretary Michael Chertoff. “We will work closely with states to implement these standards and protect American’s privacy against identity theft and the use of fraudulent documents. We are also pleased to have been able to work with Senator Susan Collins, and I believe that the proposed regulations reflect her approach.”
The department’s proposed regulations set standards for states to meet the requirements of the REAL ID Act, including: security features that must be incorporated into each card; verification of information provided by applicants to establish their identity and lawful status in the United States; and physical security standards for locations where licenses and identification cards are issued.
As proposed, a REAL ID driver’s license will be required in order to access a federal facility, board federally-regulated commercial aircraft, and enter nuclear power plants. Because states may have difficulty complying before the May 11, 2008, deadline, DHS will grant an extension of the compliance deadline until December 31, 2009. States that have received extensions will, over the course of the waiver period, submit proposed timetables for compliance.
DHS also announced that up to 20 percent of a state’s Homeland Security Grant Program funds can be used to help implement REAL ID. This additional flexibility will be made available during the current 2007 grant cycle.
In May 2005, President Bush signed the “Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief Act” into law. Among the provisions contained in the law was the REAL ID Act.
The proposed regulations have been submitted to the Federal Register for a 60-day public comment period. To view the proposed regulations, go to www.dhs.gov.
This page was last modified on March 1, 2007
*Open Letter To Kansas Chamber of Commerce
Published February 21, 2008 Uncategorized Leave a CommentThe Kansas Chamber of Commerce
* SB 458 The Illegal Immigration Relief Act
Published February 19, 2008 Uncategorized Leave a CommentSession of 2008
SENATE BILL No. 458
By Senators Palmer, Barnett, Huelskamp, Journey and Ostmeyer
AN ACT enacting the Kansas illegal immigration relief act; amending
K.S.A. 2007 Supp. 8-240, 8-1324, 79-32,120 and 79-32,138 and re-
pealing the existing sections; also repealing K.S.A. 2007 Supp. 76-
731a.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. As used in the Kansas illegal immigration relief act:
(a) ‘‘Alien’’ means any person who is not a citizen or national of the
United States, as described in Title 8, Section 1101 of the United States
Code, et seq., and amendments thereto.
(b) ‘‘Law enforcement officer’’ means any city, county and state police
officers, highway patrol, county sheriff and any other law enforcement
officers in the state.
(c) ‘‘Employee’’ has the meaning ascribed thereto in K.S.A. 44-313,
and amendments thereto.
(d) ‘‘Business entity’’ means any person or group of persons perform-
ing or engaging in any activity, enterprise, profession or occupation
for gain, benefit, advantage or livelihood, whether for profit or not-for-
profit. ‘‘Business entity’’ shall not include an individual employing
casual domestic labor. ‘‘Business entity’’ shall include, but not be
limited to:
(1) Self-employed individuals, business entities filing articles of in-
corporation pursuant to article 60 of chapter 17 of the Kansas Statutes
Annotated, and amendments thereto; a partnership pursuant to
chapter 56a of the Kansas Statutes Annotated, and amendments
thereto; a limited partnership pursuant to article 1a of chapter 56 of
the Kansas Statutes Annotated, and amendments thereto; a limited
liability company pursuant to article 76 of chapter 17 of the Kansas
Statutes Annotated, and amendments thereto; a foreign corporation, a
foreign limited partnership or a foreign limited liability company
authorized to transact business in this state; a business trust pursuant
to article 20 of chapter 17 of the Kansas Statutes Annotated, and
amendments thereto; and any business entity that registers with the
secretary of state.
(2) Any business entity that possesses a business license, permit, cer-
tificate, approval, registration, charter or similar form of authorization
issued by the state, any business entity that is exempt by law from ob-
taining such a business license, and any business entity that is
operating unlawfully without such a business license.
(e) ‘‘Identification document’’ has the meaning ascribed thereto in
K.S.A 21-3830, and amendments thereto.
(f) ‘‘Public employer’’ means every department, agency or instru-
mentality of the state or a political subdivision of the state.
(g) ‘‘Unauthorized alien’’ means an alien who is not authorized to
work in the United States, as defined in 8 U.S.C. 1324a(h)(3).
(h) ‘‘E-verify’’ means the electronic verification of employment au-
thorization program of the illegal immigration reform and immigrant
responsibility act of 1996, P.L. 104-208, division C, section 403(a); 8
U.S.C. 1324(a), and operated by the United States department of
homeland security, or its successor program.
(i) ‘‘Public employer’’ means any state agency, department, board or
commission or any municipality, as defined in K.S.A. 75-1117, and
amendments thereto, that employs one or more employees.
New Sec. 2. (a) It is unlawful for a business entity to knowingly hire,
recruit or refer for a fee for employment in the state of Kansas an unau-
thorized alien.
(b) Every business entity within the state of Kansas that employs one
or more employees shall register with and utilize e-verify to verify the
employment authorization of all new employees.
(c) All business entities shall be in compliance with this section on
and after January 1, 2009. The business entity shall retain all
documentation received in connection with its participation in e-
verify that verifies the employment authorization of every employee
verified through e-verify for at least three years after the termination
of the employment of the employee. This documentation shall be
provided to the department of revenue upon request.
(d) On and after January 1, 2009, public employers:
(1) Shall register with and utilize e-verify to verify the employment
authorization of all new employees; and (2) shall not enter into a
contract for the performance of services within this state unless the
contractor is registered with and utilizing e-verify to verify the
employment authorization of all new employees under the contractors
employment. The provision in this paragraph shall not apply to any
contracts entered into prior to January 1, 2009, even though
such contracts may involve the performance of labor within this state
after January 1, 2009.
(e) The provisions of this section may be enforced in the courts of
the state of Kansas by any district attorney, county attorney or by the
attorney general.
(f) On a finding of the first violation of this section by a business
entity, the court shall order the suspension of all licenses that are held
by such business entity for not less than 10 days and not more than 30
days.
(g) On a finding of the second violation of this section by a business
entity, the court shall order the suspension of all licenses that are held
by such business entity for not less than 90 days and not more than
one year.
(h) On a finding of the third violation of this section by a business
entity, the court shall order the permanent suspension of all licenses
that are held by such business entity as well as the revocation of the
business entity’s registration as a corporation in the state of Kansas, if
applicable.
(i) In enforcing the provisions of this section, no state, county or local
official shall attempt to independently determine whether an
individual is an unauthorized alien or an alien not lawfully present in
the United States. Such determination shall only be made by verifying
the alien’s immigration status with the federal government, pursuant
to 8 U.S.C. 1373(c).
(j) For the purposes of this section, when making a determination of
whether an employee is an unauthorized alien, a court shall only
consider the federal government’s determination pursuant to 8 U.S.C.
1373(c). The court shall take judicial notice of any verification of the
immigration status previously provided by the federal government.
The court may, and at the request of a party shall, request the federal
government to provide, in automated, documentary or testimonial
form, a new verification of the immigration status of the employee
pursuant to 8 U.S.C. 1373(c). The most recent determination of the
immigration status of an employee by the federal government shall
create a rebuttable presumption as to the employee’s immigration
status.
(k) For the purposes of this section, a business entity that has com-
plied in good faith with this section through registration and
participation in e-verify to confirm the employment authorization of
any employee in question shall create a rebuttable presumption that
the employer did not knowingly employ an unauthorized alien.
(l) For the purposes of this section, where a business entity has con-
tracted for the services of an independent contractor, no employment
relationship exists between the business entity and the independent
contractor or its employees.
New Sec. 3. (a) No payment or compensation or other remuneration,
including, but not limited to, wages, salaries, bonuses, benefits, in-kind
exchanges, expenses or any other economic benefit, paid to an
unauthorized alien employee, as defined in section 1, and amendments
thereto, may be claimed and allowed as a deductible business expense
for state income tax purposes. This section shall apply whether or not
an internal revenue service form 1099 or form W-2 is issued in
conjunction with such payments, compensation or other
remuneration.
(b) No payment or compensation or other remuneration, including,
but not limited to, wages, salaries, bonuses, benefits, in-kind
exchanges, expenses or any other economic benefit, paid to an
independent contractor may be claimed and allowed as a deductible
business expense for state income tax purposes if such independent
contractor is not registered with and utilizing e-verify to verify the
employment authorization of all new employees under such
ontractor’s employment.
(c) This section shall not apply to any business which is exempt from
compliance with federal employment verification procedures under
federal law which makes the employment of unauthorized aliens
unlawful.
(d) This section shall not apply to any individual hired by the taxpayer
prior to January 1, 2009.
(e) All employers shall submit an affidavit to the department of rev-
enue accompanying the annual tax return required under state law.
This affidavit shall be signed by the employer under penalty of perjury
and shall specifically state the following:
(1) Whether the employer utilized a business expense or business loss
deduction in determining federal adjusted gross income;
(2) whether the employer employed any employees or independent
contractors for the tax year in question and the number of such
employees or independent contractors;
(3) whether the employer is enrolled in and is actively participating
in e-verify;
(4) whether the employer has used e-verify to confirm the employ-
ment eligibility of every employee hired on or after January 1, 2009;
(5) whether the employer has confirmed that any independent con-
tractor employed by the employer is an independent contractor who
is registered with and utilizing e-verify to verify the employment
authorization of all new employees; and
(6) the employer’s identification number signifying the employer’s
enrollment in e-verify.
(f) The department of revenue may audit any employer who:
(1) Fails to timely submit the affidavit required under this section;
and
(2) the department has probable cause to believe is not complying
with this section.
(g) If the department of revenue determines that the employer has
knowingly made material misrepresentations of fact regarding
information contained in the affidavit required under this section, the
employer shall be required to add back business deductions taken in
determining such employer’s adjusted gross income used to calculate
the employer’s state tax liability, to the extent such deductions
constitute wages or remuneration paid to employees whose
employment authorization was not verified using e-verify.
New Sec. 4. (a) Employment identity fraud is willfully presenting to
an employer false or misleading identification documents for the
purpose of obtaining employment in the state of Kansas.
(b) Employment identity fraud is a severity level 8, nonperson felony.
(c) This section shall be part of and supplemental to the Kansas crim-
inal code.
New Sec. 5. (a) An alien who is not lawfully present in the United
States shall not be eligible to receive any state or local public benefit
from any state, county or local government entity in the state of
Kansas, except for state or local public benefits that are required to be
offered by 8 U.S.C. 1621(b).
(b) For the purposes of this section, ‘‘public benefit’’ includes: Any
grant, contract, loan or license provided by an agency of state or local
government; or any retirement, welfare, health, disability, housing,
post secondary education, food assistance or unemployment benefit
under which payments, assistance, credits, reduced rates, reduced
fees or resident tuition rates are provided or offered.
(c) In addition to providing proof of other eligibility requirements, at
the time of application for any public benefit, an applicant who is 18
years of age or older shall first establish that the applicant is a citizen
of the United States, an alien entitled to lawful permanent residence in
the United States or is an alien lawfully present in the United States.
(d) An applicant who is an alien shall not receive any public benefit
unless the alien’s lawful presence in the United States is first verified by
the federal government, pursuant to 8 U.S.C. 1373(c). State, county
and local agencies administering public benefits shall cooperate with
the United States department of homeland security in achieving
verification of aliens’ lawful presence in the United States, and shall
seek a memorandum of understanding with the United States
department of homeland security to participate in the systematic alien
verification for entitlements program operated by the United States
department of homeland security in order to meet the requirements of
this section.
New Sec. 6. (a) All state officials, agencies and personnel shall fully
comply with, and, to the full extent permitted by law, support the en-
forcement of federal law prohibiting the entry into, presence or
residence in the United States of aliens in violation of federal
immigration law.
(b) All law enforcement officers shall inquire into the citizenship and
immigration status of any person arrested for a violation of any state
law or municipal ordinance, regardless of the person’s national origin,
ethnicity or race. In all such cases where a person indicates that such
person is not a citizen or national of the United States, the law
enforcement officer shall verify with the federal government whether
the alien is law fully or unlawfully present in the United States,
pursuant to 8 U.S.C. 1373(c). This verification shall occur through
communication with the law enforcement support center, operated by
the bureau of immigration and customs enforcement of the United
States department of homeland security. If the alien is verified to be
unlawfully present in the United States, the law enforcement officer
shall cooperate with any request by federal immigration authorities to
detain the alien or transfer the alien to the custody of the federal
government.
(c) Pursuant to 8 U.S.C. 1373 and 8 U.S.C. 1644, no official or agent
of a state, county or city law enforcement agency may be prohibited or
in any way restricted from sending, receiving or maintaining, information
regarding the immigration status, lawful or unlawful, of any individual, or
exchanging such information with any other federal, state or local gov-
ernment entity. No state, county or city law enforcement agency may by
ordinance, resolution, official policy or informal policy, prevent, restrict
or discourage its officers from asking individuals their citizenship or im-
migration status.
(d) Any state, county or city law enforcement agency shall be deemed
to be in violation of this section if the attorney general determines that
such a violation has occurred. Any member of the Kansas legislature may
request such a determination by the attorney general. Any agency found
to be in violation of this section shall be ineligible to receive any state
funding until such agency can prove to the attorney general that the
agency is in compliance with this section.
New Sec. 7. Sections 1 through 6, and amendments thereto, shall be
known and maybe cited as the Kansas illegal immigration relief act.
Sec. 8. K.S.A. 2007 Supp. 8-240 is hereby amended to read as fol-
lows: 8-240. (a) Every application for an instruction permit shall be made
upon a form furnished by the division of vehicles and accompanied by a
fee of $2 for class A, B, C or M and $5 for all commercial classes. Every
other application shall be made upon a form furnished by the division
and accompanied by an examination fee of $3, unless a different fee is
required by K.S.A. 8-241, and amendments thereto, and by the proper
fee for the license for which the application is made. If the applicant is
not required to take an examination the examination fee shall not be
required. The examination shall consist of three tests, as follows: (1) Vi-
sion; (2) written; and (3) driving. If the applicant fails the vision test, the
applicant may have correction of vision made and take the vision test again
without any additional fee. If an applicant fails the written test, the ap-
plicant may take such test again upon the payment of an additional ex-
amination fee of $1.50. If an applicant fails the driving test, the applicant
may take such test again upon the payment of an additional examination
fee of $1.50. If an applicant fails to pass all three of the tests within a
period of six months from the date of original application and desires
to take additional tests, the applicant shall file an application for
reexamination upon a form furnished by the division, which shall be
accompanied by a reexamination fee of $3, except that any applicant
who fails to pass the written or driving portion of an examination four
times within a six month period, shall be required to wait a period of
six months from the date of the last failed examination before
additional examinations may be given. Upon the filing of such
application and the payment of such reexamination fee, the applicant
shall be entitled to reexamination in like manner and subject to the
additional fees and time limitation as provided for examination on an
original application. If the applicant passes the reexamination, the
applicant shall be issued the classified driver’s license for which
the applicant originally applied, which license shall be issued to expire
as if the applicant had passed the original examination.
(b) (1) For the purposes of obtaining any driver’s license or instruc-
tion permit, an applicant shall submit, with the application, proof of
age and proof of identity as the division may require. The applicant
also shall provide a photo identity document, except that a non-photo
identity document is acceptable if it includes both the applicant’s full
legal name and date of birth, and documentation showing the
applicant’s name, the applicant’s address of principal residence and
the applicant’s social security number. The applicant’s social security
number shall remain confidential and shall not be disclosed, except as
provided pursuant to K.S.A. 74-2012, and amendments thereto. If the
applicant does not have a social security number the applicant shall
provide proof of lawful presence and Kansas residency. The division
shall assign a distinguishing number to the license or permit.
(2) The division shall not issue any driver’s license or instruction per-
mit to any person who fails to provide proof that the person is lawfully
present in the United States. Before issuing a driver’s license or
instruction permit to a person, the division shall require valid
documentary evidence that the applicant: (A) Is a citizen or national of
the United States;
(B) is an alien lawfully admitted for permanent or temporary residence
in the United States; (C) has conditional permanent resident status in
the United States; (D) has an approved application for asylum in the
United States or has entered into the United States in refugee status;
(E) has a valid, unexpired nonimmigrant visa or nonimmigrant visa
status for entry into the United States; (F) has a pending application for
asylum in the United States; (G) has a pending or approved application
for temporary protected status in the United States; (H) has approved
deferred action status; or (I) has a pending application for adjustment
of status to that of an alien lawfully admitted for permanent residence
in the United States or conditional permanent resident status in the
United States.
(3) If an applicant provides evidence of lawful presence set out in
subsections (b)(2)(E) through (2)(I), or is an alien lawfully admitted for
temporary residence under subsection (b)(2)(B), the division may
only issue a driver’s license to the person under the following
conditions:
(A) A driver’s license issued pursuant to this subparagraph shall be
valid only during the period of time of the applicant’s authorized stay
in the United States or, if there is no definite end to the period of
authorized stay, a period of one year; (B) a drivers’ license issued
pursuant to this subparagraph shall clearly indicate that it is
temporary and shall state the date on which it expires; (C) no driver’s
license issued pursuant to this sub-paragraph shall be for a longer
period of time than the time period permitted by subsection (a) of
K.S.A. 8-247, and amendments thereto; and
(D) a driver’s license issued pursuant to this subparagraph may be re-
newed, subject at the time of renewal, to the same requirements and
conditions as set out in this subsection (b) for the issuance of the
original driver’s license.
(4) The division shall not issue any driver’s license or instruction per-
mit to any person who is not a resident of the state of Kansas, except as
provided in K.S.A. 8-2,148, and amendments thereto.
(5) The division shall not issue a driver’s license to a person holding
a driver’s license issued by another state without making reasonable
efforts to confirm that the person is terminating or has terminated the
driver’s license in the other state.
(6) The parent or guardian of an applicant under 16 years of age shall
sign the application for any driver’s license submitted by such applicant.
(c) Every application shall state the full legal name, date of birth,
gender and address of principal residence of the applicant, and briefly
describe the applicant, and shall state whether the applicant has been
licensed as a driver prior to such application, and, if so, when and by
what state or country. Such application shall state whether any such
license has ever been suspended or revoked, or whether an application
has ever been refused, and, if so, the date of and reason for such
suspension, revocation or refusal. In addition, applications for
commercial drivers’ licenses and instruction permits for commercial
licenses must include the following:
The applicant’s social security number; the person’s signature; the per-
son’s colored digital photograph; certifications, including those
required by 49 C.F.R. 383.71(a), effective January 1, 1991; a consent
to release driving record information; and, any other information
required by the division.
(d) When an application is received from a person previously licensed
in another jurisdiction, the division shall request a copy of the driver’s
record from the other jurisdiction. When received, the driver’s record
shall become a part of the driver’s record in this state with the same
force and effect as though entered on the driver’s record in this state in
the original instance
(e) When the division receives a request for a driver’s record from
another licensing jurisdiction the record shall be forwarded without
charge
(f) A fee shall be charged as follows:
(1) For a class C driver’s license issued to a person at least 21 years
of age, but less than 65 years of age, $12
(2) for a class C driver’s license issued to a person 65 years of age
older, $12;
(3) for a class M driver’s license issued to a person at least 21 years
of age, but less than 65 years of age, $12.50;
(4) for a class M driver’s license issued to a person 65 years of age or
older, $9;
(5) for a class A or B driver’s license issued to a person who is at least
21 years of age, but less than 65 years of age, $24;
(6) for a class A or B driver’s license issued to a person 65 years of
age or older, $16;
(7) for any class of commercial driver’s license issued to a person 21
years of age or older, $18; or
(8) for class A, B, C or M, or a farm permit, or any commercial driver’s
license issued to a person less than 21 years of age, $20.
A fee of $10 shall be charged for each commercial driver’s license
endorsement, except air brake endorsements which shall have no
charge.
A fee of $3 per year shall be charged for any renewal of a license issued
prior to the effective date of this act to a person less than 21 years of
age.
If one fails to make an original application or renewal application for a
driver’s license within the time required by law, or fails to make appli-
cation within 60 days after becoming a resident of Kansas, a penalty of
$1 shall be added to the fee charged for the driver’s license.
(g) Any person who possesses an identification card as provided in
K.S.A. 8-1324, and amendments thereto, shall surrender such identifi-
cation card to the division upon being issued a valid Kansas driver’s
license or upon reinstatement and return of a valid Kansas driver’s
license.
(h) The division shall require that any person applying for a driver’s
license submit to a mandatory facial image capture.
(i) The director of vehicles may issue a temporary driver’s license to
an applicant who cannot provide valid documentary evidence as
defined by subsection (b)(2), if the applicant provides compelling
evidence proving current lawful presence. Any temporary license
issued pursuant to this subsection shall be valid for one year.
(j) The division shall require that any person applying for a driver’s
license who provides proof by valid documentary evidence that the
person is a citizen of the United States sign an affidavit stating the
following:
‘‘I hereby declare that I am a citizen of the United States. I understand
that falsely declaring United States citizenship is a federal crime
under 18 .S.C. 1015(e); and I understand that swearing falsely on an
affidavit is a crime pursuant to K.S.A. 8-261a, and amendments
thereto.’’
(k) No driver’s license shall be issued to any alien until the alien has
been verified by the United States department of homeland security to
be lawfully present in the United States, pursuant to 8 U.S.C. 1373(c).
Such verification shall occur through the systematic alien verification
for entitlements program operated by the United States department
of homeland security.
Sec. 9. K.S.A. 2007 Supp. 8-1324 is hereby amended to read as fol-
lows: 8-1324. (a) Any resident who does not hold a current valid
Kansas driver’s license may make application to the division of
vehicles and be ssued one identification card.
(b) For the purpose of obtaining an identification card, an applicant
shall submit, with the application, proof of age, proof of identity and
proof of lawful presence. An applicant shall submit with the
application a photo identity document, except that a non-photo
identity document is acceptable if it includes both the applicant’s full
legal name and date of birth, and documentation showing the
applicant’s name, the applicant’s address of principal residence and
the applicant’s social security account number.
The applicant’s social security number shall remain confidential and
shall not be disclosed, except as provided pursuant to K.S.A. 74-2012,
and amendments thereto. If the applicant does not have a social
security number, the applicant shall provide proof of lawful presence
and Kansas residency. The division shall assign a distinguishing
number to the identification card. Before issuing an identification card
to a person, the division shall make reasonable efforts to verify with
the issuing agency the issuance, validity and completeness of each
document required to be presented by the applicant to prove age,
identity and lawful presence.
(c) The division shall not issue an identification card to any person
who fails to provide proof that the person is lawfully present in the
United States. If an applicant provides evidence of lawful presence as
set out in subsections (b)(2)(E) through (2)(I) of K.S.A. 8-240, and
amendments thereto, or is an alien lawfully admitted for temporary
residence under subsection (b)(2)(B) of K.S.A. 8-240, and amendments
thereto, the division may only issue a temporary identification card to
the person under the following conditions: (A) A temporary
identification card issued pursuant to this subparagraph shall be valid
only during the period of time of the applicant’s authorized stay in the
United States or, if there is no definite end to the period of authorized
stay, a period of one year; (B) a temporary identification card issued
pursuant to this subparagraph shall clearly indicate that it is
temporary and shall state the date upon which it expires; (C)
no temporary identification card issued pursuant to this
subparagraph shall be for a longer period of time than the time period
permitted by K.S.A. 8-1325, and amendments thereto; and (D) a tem-
porary identification card issued pursuant to this subparagraph may
be renewed, subject at the time of renewal, to the same requirements
and conditions set forth in this subsection (c) for the issuance of the
original temporary identification card.
(d) The division shall not issue an identification card to any person
who holds a current valid Kansas driver’s license unless such driver’s
license has been physically surrendered pursuant to the provisions of
subsection (e) of K.S.A. 8-1002, and amendments thereto.
(e) The division shall refuse to issue an identification card to a person
holding a driver’s license or identification card issued by another state
without confirmation that the person is terminating or has terminated
the license or identification card.
(f) The parent or guardian of an applicant under 16 years of age shall
sign the application for an identification card submitted by such applicant.
(g) The division shall require payment of a fee of $14 at the time
application for an identification card is made, except that persons who
are 65 or more years of age or who are handicapped, as defined in
K.S.A.8-1,124, and amendments thereto, shall be required to pay a fee
of only 10.
(h) All Kansas identification cards shall have physical security features
designed to prevent tampering, counterfeiting or duplication for
fraudulent purposes.
(i) For the purposes of K.S.A. 8-1324 through 8-1328, and amend-
ments thereto, a person shall be deemed to be a resident of the state if:
(1) The person owns, leases or rents a place of domicile in this state;
(2) the person engages in a trade, business or profession in this state;
(3) the person is registered to vote in this state;
(4) the person enrolls the person’s child in a school in this state; or
(5) the person registers the person’s motor vehicle in this state.
(j) The division shall require that any person applying for an identi-
fication card submit to a mandatory facial image capture.
(k) The director of vehicles may issue a temporary identification card
to an applicant who cannot provide valid documentary evidence as
defined by subsection (c), if the applicant provides compelling
evidence roving current lawful presence. Any temporary
identification card issued pursuant to this subparagraph shall be valid
for one year.
(l) Upon payment of the required fee, the division shall issue to every
applicant qualifying under the provisions of this act an identification
card.
Such identification card shall bear a distinguishing number assigned to
the cardholder, the full legal name, date of birth, address of principal
residence, a brief description of the cardholder, a colored digital
photograph of the cardholder, and a facsimile of the signature of the
cardholder.
An identification card which does not contain the address of principal
residence of the cardholder as required may be issued to persons who
are program participants pursuant to K.S.A. 2007 Supp. 75-455, and
amendments thereto.
(m) The division shall require that any person applying for an iden-
tification card who provides proof by valid documentary evidence
that the person is a citizen of the United States sign an affidavit
stating the following: ‘‘I hereby declare that I am a citizen of the
United States. I understand that falsely declaring United States
citizenship is a federal crime under 18 U.S.C. 1015(e); and I
understand that swearing falsely on an affidavit is a crime pursuant
to K.S.A. 8-261a, and amendments thereto.’’
(n) No identification card shall be issued to any alien until the alien
has been verified by the United States department of homeland
security to be lawfully present in the United States, pursuant to 8
U.S.C. 1373(c). Such verification shall occur through the systematic
alien verification for entitlements program operated by the United
States department of homeland security.
Sec. 10. K.S.A. 2007 Supp. 79-32,120 is hereby amended to read as
follows: 79-32,120. (a) If federal taxable income of an individual is
determined by itemizing deductions from such individual’s federal
adjusted gross income, such individual may elect to deduct the Kansas
itemized deduction in lieu of the Kansas standard deduction. The
Kansas itemized deduction of an individual means the total amount of
deductions from federal adjusted gross income, other than federal
deductions for personal exemptions, as provided in the federal
internal revenue code with the modifications specified in this section.
No deduction shall be allowed for payment, compensation or other
economic benefit disallowed by section 3, and amendments thereto.
(b) The total amount of deductions from federal adjusted gross in-
come shall be reduced by the total amount of income taxes imposed
by or paid to this state or any other taxing jurisdiction to the extent
that the same are deducted in determining the federal itemized
deductions and by the amount of all depreciation deductions claimed
for any real or tangible personal property upon which the deduction
allowed by K.S.A. 007 Supp. 79-32,221, 79-32,227, 79-32,232, 79-
32,237, 79-32,249, 79-32,250, 79-32,255 or 79-32,256, and
amendments thereto, is or has been claimed.
Sec. 11. K.S.A. 2007 Supp. 79-32,138 is hereby amended to read as
follows: 79-32,138. (a) Kansas taxable income of a corporation taxable
under this act shall be the corporation’s federal taxable income for the
taxable year with the modifications specified in this section.
(b) There shall be added to federal taxable income: (i) The same
modifications as are set forth in subsection (b) of K.S.A. 79-32,117,
and amendments thereto, with respect to resident individuals.
(ii) The amount of all depreciation deductions claimed for any prop-
erty upon which the deduction allowed by K.S.A. 2007 Supp. 79-
32,221, 79-32,227, 79-32,232, 79-32,237, 79-32,249, 79-32,250,
79-32,255 or 79-32,256, and amendments thereto, is claimed.
(iii) The amount of any charitable contribution deduction claimed for
any contribution or gift to or for the use of any racially segregated
educational institution.
(iv) The amount of the payments, compensation or other economic
benefit disallowed by section 3, and amendments thereto.
(c) There shall be subtracted from federal taxable income: (i) The
same modifications as are set forth in subsection (c) of K.S.A. 79-
32,117, and amendments thereto, with respect to resident individuals.
(ii) The federal income tax liability for any taxable year commencing
prior to December 31, 1971, for which a Kansas return was filed after
reduction for all credits thereon, except credits for payments on
estimates of federal income tax, credits for gasoline and lubricating oil
tax, and for foreign tax credits if, on the Kansas income tax return for
such prior year, the federal income tax deduction was computed on
the basis of the federal income tax paid in such prior year, rather than
as accrued. Notwithstanding the foregoing, the deduction for federal
income tax liability for any year shall not exceed that portion of the
total federal income tax liability for such year which bears the same
ratio to the total federal income tax liability for such year as the
Kansas taxable income, as computed before any deductions for federal
income taxes and after application of subsections (d) and (e) of this
section as existing for such year, bears to the federal taxable income
for the same year.
(iii) An amount for the amortization deduction allowed pursuant to
K.S.A. 2007 Supp. 79-32,221, 79-32,227, 79-32,232, 79-32,237, 79-
32,249, 79-32,250, 79-32,255 or 79-32,256, and amendments
thereto.
(iv) For all taxable years commencing after December 31, 1987, the
amount included in federal taxable income pursuant to the provisions
of section 78 of the internal revenue code.
(v) For all taxable years commencing after December 31, 1987, 80%
of dividends from corporations incorporated outside of the United
States or the District of Columbia which are included in federal taxable
income.
(d) If any corporation derives all of its income from sources within
Kansas in any taxable year commencing after December 31, 1979, its
Kansas taxable income shall be the sum resulting after application of
subsections (a) through (c) hereof. Otherwise, such corporation’s Kansas taxable income in any such taxable year, after excluding any
refunds of federal income tax and before the deduction of federal
income taxes provided by subsection (c)(ii) shall be allocated as
provided in K.S.A. 79-3271 to K.S.A. 79-3293, inclusive, and
amendments thereto, plus any refund of federal income tax as
determined under paragraph (iv) of subsection b) of K.S.A. 79-32,117,
and amendments thereto, and minus the deduction for federal income
taxes as provided by subsection (c)(ii) shall be such corporation’s
Kansas taxable income.
(e) A corporation may make an election with respect to its first taxable
year commencing after December 31, 1982, whereby no addition
modifications as provided for in subsection (b)(ii) of K.S.A. 79-32,138
and subtraction modifications as provided for in subsection (c)(iii) of
K.S.A. 79-32,138, as those subsections existed prior to their
amendment by this act, shall be required to be made for such taxable
year.
New Sec. 12. If any provisions of this act or the application thereof
to any person or circumstances is held invalid, the invalidity shall not
affect other provisions or applications of the act which can be given
effect without the invalid provisions or application, and to this end the
provisions of this act are severable.
Sec. 13. K.S.A. 2007 Supp. 8-240, 8-1324, 76-731a, 79-32,120 and
79-32,138 are hereby repealed.
Sec. 14. This act shall take effect and be in force from and after its
publication in the statute book.
* Illegal Alien commits Identity Theft In Kansas
Published January 14, 2008 Uncategorized Leave a CommentFri, Jan. 04, 2008
By ROXANA HEGEMAN
Associated Press Writer
WICHITA, Kan. –
When Air Force veteran Marcos Miranda had his identity stolen, he went from being a valued customer and employee to a government statistic – one of thousands of identity theft victims caught up each year in the crackdown on illegal immigrants.Identity theft has been a growing worry nationwide, but a rise in federal prosecutions against illegal immigrants offers a new wrinkle to the problem. As the government develops more sophisticated electronic employment verification systems, illegal immigrants are assuming real names and Social Security numbers of U.S. citizens like Miranda to thwart detection at workplaces, to get driver’s licenses and to obtain credit.
Miranda first learned someone else was using his identity in 2000 when he was arrested on a warrant for unpaid traffic tickets at the border after a visit to relatives in Mexico. The 24-year-old Texas man was released after paying a $340 fine for violations he never incurred. Although his money was eventually returned, his nightmare was just beginning.
Since then, Miranda has responded to repeated letters from the Internal Revenue Service demanding thousands of dollars in back taxes for wages paid to someone using his name and Social Security number to work at Oldham’s LLC, a pork slaughterhouse in Holton. Miranda watched his once-high credit rating plummet as creditors reported unpaid bills incurred by others.
“Even though I am Hispanic, I am against illegal immigration,” Miranda said. “Even though a lot of them come to work, there are always bad apples. (Identity theft) has really made my perspective … negative about immigration.”
In a deal with federal prosecutors, a Mexican national accused of stealing Miranda’s identity pleaded guilty last month to one count of using fraudulent documents. Joel Rojas-Morales, 27, will be sentenced in March.
“That way he knows crime doesn’t pay in America. Maybe in Mexico it does. But here, it may take some time, but the long arm of the law catches up to you,” Miranda said.
Chris Joseph, the defense attorney representing Rojas-Morales, is sympathetic to identity theft victims like Miranda.
“I have no reason to doubt that is absolutely true. There is no question he is a victim of identity theft,” Joseph said. “The question is: Who did the victimizing intentionally? Generally speaking, people who come into the United States don’t go out and steal an identity. They generally purchase a set of identity documents for the purpose of being able to work.”
Illegal immigrants who buy documents often are reassured by sellers that the identity they’re getting belongs to someone who no longer works in this country, who sold his identity papers, who died or who never existed.
“The person naively purchases the papers believing they are not doing any harm,” Joseph said.
Prosecutors said Rojas-Morales worked under a false identity at Oldham’s since 2004, using a fraudulent Colorado driver’s license, a bogus Social Security card and other phony employment forms.
Based on Miranda’s account of his identity theft problems, Joseph said, it’s likely several people were using his identity. Joseph declined to talk specifically about his client’s ongoing criminal case or allow him to be interviewed.
The government has “no solid numbers” showing either an increase or decrease in immigration-related identity theft cases nationwide, said Betsy Broder, assistant director in the division of privacy and identity protection at the Federal Trade Commission.
But she said the agency has seen a rise in prosecutions of workers using other people’s information to be employed, particularly for using fraudulent Social Security numbers.
By far the largest workplace enforcement to date was the December 2006 raid at six plants owned by Swift & Co. in which 1,282 illegal immigrants were arrested.
Statistics show the number of immigration-related criminal cases filed by U.S. Attorney Eric Melgren’s office in Wichita more than tripled between fiscal years 2002 and 2006, peaking at 161 by 2006 in Kansas as the Department of Justice stepped up prosecutions for fraudulent documents and identity theft. By 2007, the number slipped to 100 in the state.
“Certainly there has been far more activity starting with action in the Swift packing plant and a number of actions brought by the Department of Homeland Security on these workplace issues,” Broder said.
An FTC survey released last month showed identity theft for employment purposes accounts for about 1 percent of identity theft cases nationwide, for an estimated 83,000 employment-related identity theft victims in 2005. People using a fraudulent identity to work often use it to also obtain utility services, government benefits, medical care and credit.
Credit card fraud is the most common form of identity theft.
Based on the number of identity theft complaints reported to the FTC in 2006, states bordering Mexico led the nation in identity theft victims per population. Arizona ranked first, followed by Nevada, California, Texas and Florida.
That data showed 246,035 identity theft victims nationwide who reported at least one type of identity theft to the FTC in 2006. Employment-related fraud accounted for 14 percent of the complaints nationwide and about 11 percent of those reported by Kansas victims.
Kansas ranked 29th in the nation with 1,626 identity theft victims who filed complaints in 2006, the FTC data showed. Missouri ranked 21st with 3,753.
As Rojas-Morales sits in jail in Kansas, the real Marcos Miranda is slowly rebuilding his life in El Paso, Texas, where he works as a truck driver for Swift.
Miranda has a new Social Security number and has signed up for a credit monitoring service.
“That way,” he said, “I can get back on track and get my credit back and do what I have to do to keep my identity to myself.”
WASHINGTON – Americans born after Dec. 1, 1964, will have to get more secure driver’s licenses in the next six years under ambitious post-9/11 security rules to be unveiled Friday by federal officials.
The Homeland Security Department has spent years crafting the final regulations for the REAL ID Act, a law designed to make it harder for terrorists, illegal immigrants and con artists to get government-issued identification. The effort once envisioned to take effect in 2008 has been pushed back in the hopes of winning over skeptical state officials.
Even with more time, more federal help, and technical advances, REAL ID still faces stiff opposition from civil liberties groups.
To address some of those concerns, the government now plans to phase in a secure ID initiative that Congress passed into law in 2005. Now, DHS plans a key deadline in 2011, and then further measures to be enacted three years later, according to congressional staffers who spoke to The Associated Press on condition of anonymity because an announcement had not yet been made. DHS officials briefed legislative aides on the details late Thursday.
The Sept. 11 attacks were the main motivation for the changes.
The hijacker-pilot who flew into the Pentagon, Hani Hanjour, had a total of four driver’s licenses and ID cards from three states. The DHS, which was created in response to the attacks, has created a slogan for REAL ID: “One driver, one license.”
By 2014, anyone seeking to board an airplane or enter a federal building would have to present a REAL ID-compliant driver’s license, with the notable exception of those more than 50 years old, Homeland Security officials said.
The over-50 exemption was created to give states more time to get everyone new licenses, and officials say the risk of someone in that age group being a terrorist, illegal immigrant or con artist is much less.
From September 5th Emporia Gazette classified ads:
Migrant Community Resource Coordinator for the Emporia Public Schools. Responsibilities include serving as a resource to assist migrant families in becoming a positive part of the community by providing awareness of community services and resources and serving as an advocate for migrant families. Qualifications include strong English/Spanish bilingual skills, strong organizational and communication skills, proven leadership skills and excellent interpersonal relationship skills. Salary commensurate with credentials. To obtain an application, contact the Personnel Department at the Board of Education Office, 501 Merchant, Emporia, KS.
According to the list of requirements to become a citizen of the United States of America (see below) you must be able to demonstrate an elementary level of English (able to read, write and understand English) and must have knowledge and understanding of the fundamentals of U.S. history and government.
Simple common sense would dictate that it is obvious that those people who cannot speak English cannot be in the United States legally if they cannot speak read, write or understand English since those are the requirements to become a legal citizen.
It is quite evident that the schools are violating the law by using taxpayers money to pay for teachers and provide classrooms to teach English to non-English speaking people.
In order to become a U.S. citizen, you must:
(1) have been admitted to lawful permanent residence for five years (three years if Green Card obtained through marriage to U.S. citizen);
(2) you must be 18 years old;
(3) you must maintain continuous residence for five years (three years if Green Card obtained through marriage to U.S. citizen);
(4) you must be physically present in the U.S. for at least half of the 5 years (or half of the 3 years if you obtained a Green Card through a U.S. citizen spouse);
(5) you must be a person of good moral character for the 5 years (or 3 years if the alien obtained a Green Card through a U.S. citizen spouse);
(6) you must demonstrate an elementary level of English (reading, writing, understanding); and,
(7) you must have knowledge and understanding of the fundamentals of history and government of the U.S.
Special exceptions to some of the general requirements are available for the disabled, members of the military, veterans, spouses married to U.S. citizens living overseas, and Legal Permanent Residents who work for certain organizations that promote U.S. interests abroad. Similarly exemptions from the English language requirements are available for those over 55 years who and have lived in the United States as a Legal Permanent Resident for 15 years, or are over 50 years old and have lived in the United States as a Legal Permanent Resident for 20 years.
A December 8, 2006 Library of Congress Congressional Research Service summary regarding federal law concerning in-state tuition reads as follows:
Currently, federal law prohibits states from granting unauthorized aliens certain postsecondary educational benefits on the basis of state residence, unless equal benefits are made available to all U.S. citizens. This prohibition is commonly understood to apply to the granting of “in-state” residency status for tuition purposes. Specifically, Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) mandates that unauthorized aliens “shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.
1. There will be NO special bilingual programs in the schools; NO special ballots for elections, and all government business will be conducted in our language.
2. Foreigners will NOT have the right to vote, no matter how long they are here.
3. Foreigners will NEVER be able to hold political office.
4. Foreigners will NOT be a burden to the taxpayers. NO welfare; NO food stamps; NO health care; nor any other government assistance programs.
5. Foreigners can invest in this country, BUT it must be an amount equal to 40,000 times the daily minimum wage.
6. If foreigners do come and want to buy land that will be okay BUT options will be restricted. You are NOT allowed to own waterfront property. That property is reserved for citizens naturally born into this country.
7. Foreigners may NOT protest; NO demonstrations; NO waving a foreign flag; NO political organizing; NO “bad-mouthing” our president or his policies. If you do you will be sent home.
8. If you do come to this country illegally, you will be hunted down and sent straignt to jail.
Harsh you say?
These laws happen to be the immigration laws of MEXICO!
(Quotes from English translation of the Constitution of Mexico published by the Organization of American States. See full English translation at:
http://www.citizensforaconstitutionalrepublic.com/1917_Constitution_of_Mexico.html
Instate tuition
Tom Stoffers