New Statutes from 2023 Session

Not Codified or Assigned a Statute Number Yet

NOTE: On July 1, 2023, SB180 becomes law. It changes the definition of “sex” applicable to All Kansas statutes.

Law enforcement related provisions are:

(1)           Subsection (b) includes some provisions applicable to “prisons or other detention facilities.”

(2)           Subsection (c) includes a provision for any “state agency, department or office or political subdivision that collects vital statistics for the purpose of complying with. . . crime. . .or other data shall identify each individual who is part of the collected data set as either male or female at birth.”

SB180 section 1: Defining The Term “Sex” Throughout The Kansas Statutes Annotated.

(a)   Notwithstanding any provision of state law to the contrary, with respect to the application of an individual's biological sex pursuant to any state law or rules and regulations, the following shall apply:

        (1)   An individual's "sex" means such individual's biological sex, either male or female, at birth;

        (2)   a "female" is an individual whose biological reproductive system is developed to produce ova, and a "male" is an individual whose biological reproductive system is developed to fertilize the ova of a female;

        (3)   the terms "woman" and "girl" refer to human females, and the terms "man" and "boy" refer to human males;

        (4)   the term "mother" means a parent of the female sex, and the term "father" means a parent of the male sex;

        (5)   with respect to biological sex, the term "equal" does not mean "same" or "identical";

        (6)   with respect to biological sex, separate accommodations are not inherently unequal; and

        (7)   an individual born with a medically verifiable diagnosis of "disorder/differences in sex development" shall be provided legal protections and accommodations afforded under the Americans with disabilities act and applicable Kansas statutes.

(b)   Laws and rules and regulations that distinguish between the sexes are subject to intermediate constitutional scrutiny. Intermediate constitutional scrutiny forbids unfair discrimination against similarly situated male and female individuals but allows the law to distinguish between the sexes where such distinctions are substantially related to important governmental objectives. Notwithstanding any provision of state law to the contrary, distinctions between the sexes with respect to athletics, prisons or other detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms and other areas where biology, safety or privacy are implicated that result in separate accommodations are substantially related to the important governmental objectives of protecting the health, safety and privacy of individuals in such circumstances.

(c)    Any school district, or public school thereof, and any state agency, department or office or political subdivision that collects vital statistics for the purpose of complying with anti-discrimination laws or for the purpose of gathering accurate public health, crime, economic or other data shall identify each individual who is part of the collected data set as either male or female at birth.

History: L. 2023, ch. 84, § 1; July 1

HB2059 Section 1. Effective May 4, 2023 Dogs Allowed in Certain Food Service Establishments and Microbreweries

(a)   Notwithstanding any other provisions of state law, a food establishment, as defined in K.S.A. 65-656, and amendments thereto, that is a microbrewery as defined in K.S.A. 41-102, and amendments thereto, and is licensed as provided in K.S.A. 41-308b, and amendments thereto, may allow live dogs in outside and inside areas on the premises if the conditions specified in subsection (c) are met.

(b)   Notwithstanding any other provisions of state law, a food establishment, as defined in K.S.A. 65-656, and amendments thereto, that is not a microbrewery as defined in K.S.A. 41-102, and amendments thereto, may allow live dogs in outside areas on the premises, if the conditions as specified in subsection (c) are met.

(c)    The following conditions shall be met by a food establishment for dogs to be permitted on such food establishment's premises as permitted by subsections (a) and (b):

        (1)   The food establishment shall prepare a written plan describing the processes and procedures in place to prevent food contamination from dogs on the premises. The plan shall be posted next to the food establishment license inside the premises of the food establishment. The employees of the food establishment shall be trained on the plan, and the plan shall be made available to the Kansas department of agriculture upon request;

        (2)   dogs shall be under handler control. Dogs shall be well behaved and respond to their handler's command. Dogs belonging to food establishment owners, management or employees shall not be required to be leashed. Dogs belonging to guests of the food establishment shall be leashed at all times;

        (3)   with respect to a food establishment that is a microbrewery, as provided by subsection (a), dogs in indoor areas shall not be permitted in food or drink preparation areas, including, but not limited to, kitchens and behind bars;

        (4)   dogs shall not be permitted on dining surfaces, including tables, bars or counter tops;

        (5)   dogs shall not be fed or watered from any food establishment equipment, including, but not limited to, plates, bowls and utensils, except for single-service items that are disposed of immediately following such use;

        (6)   an area outside the food establishment shall be designated for dog urination and defecation;

        (7)   employees shall be required to wash their hands after contact of any kind with a dog prior to handling any food, drink, utensil or food or drink production, preparation or serving equipment or the preparation or use of surfaces that may come into contact with food or drink;

        (8)   guests shall be advised to wash their hands after any contact with a dog; and

        (9)   a process for immediately sanitizing equipment or surfaces used for the production, preparation, serving or consumption of food or drink if a dog has contact with such equipment or surfaces shall be developed and followed by the food establishment. This process shall include instructions for disposing of contaminated food or drink.

History: L. 2023, ch. 71, § 1; May 4, 2023