An Act concerning domestic violence; establishing child exchange and visitation centers for domestic violence victims; allowing courts to order child exchange or visitation at such centers; creating the child exchange and visitation centers fund; increase in marriage license fee, disposition thereof; amending K.S.A. 23-108a, 60-1616 and 60-1620 and K.S.A. 1995 Supp. 74-7334 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) Subject to the provisions of appropriation acts, the attorney general shall provide for child exchange and visitation centers throughout the state for victims of domestic or family violence and their children to allow court-ordered child exchange or visitation in a manner that protects the safety of all family members. The attorney general shall coordinate and cooperate with local governmental agencies in providing the child exchange and visitation centers.

(b) A child exchange and visitation center shall provide:

(1) A secure setting and specialized procedures for supervised visi- tation and the exchange or transfer of children for visitation; and

(2) supervision by a person trained in security and the avoidance of domestic and family violence.

(c) A child exchange and visitation center is for children who have been removed from such children's parents and placed outside the home as a result of abuse or neglect or other risk of harm to such children and for children whose parents are separated or divorced and the children are at risk because:

(1) There is documented sexual, physical or emotional abuse as de- termined by the court;

(2) there is suspected or elevated risk of sexual, physical or emotional abuse, or there have been threats of parental abduction of the child;

(3) due to domestic violence, there is an ongoing risk of harm to a parent or child;

(4) a parent is impaired because of substance abuse or mental illness;

(5) there are allegations that a child is at risk for any of the reasons stated in paragraphs (1) through (4) pending an investigation; or

(6) other circumstances, as determined by the court, point to the existence of such a risk.

(d) The attorney general may apply for, receive and accept moneys from any source for the purposes of establishing child exchange and vis- itation centers for victims of domestic violence.

(e) There is hereby created in the state treasury the child exchange and visitation centers fund. All moneys credited to the fund shall be used solely for the purpose of establishing and maintaining child exchange and visitation centers for victims of domestic violence. All expenditures from the child exchange and visitation center fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or by the attorney general's designee.

Sec. 2. K.S.A. 60-1616 is hereby amended to read as follows: 60- 1616. (a) Parents. A parent not granted custody or residency of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child's physical, men- tal, moral or emotional health.

(b) Grandparents and stepparents. Grandparents and stepparents may be granted visitation rights.

(c) Modification. The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child.

(d) Enforcement of rights. An order granting visitation rights to a parent pursuant to this section may be enforced in accordance with K.S.A. 23-701, and amendments thereto.

(e) Repeated denial of rights, effect. Repeated unreasonable denial of or interference with visitation rights granted to a parent pursuant to this section may be considered a material change of circumstances which jus- tifies modification of a prior order of child custody.

(f) Repeated child support misuse, effect. Repeated child support mis- use may be considered a material change of circumstances which justifies modification of a prior order of child custody.

(g) Court ordered exchange or visitation at a child exchange and vis- itation center. (1) The court may order exchange or visitation to take place at a child exchange and visitation center, as established in section 1.

(2) A parent may petition the court to modify an order granting vis- itation rights to require that the exchange or transfer of children for vis- itation or visitation take place at a child exchange and visitation center, as established in section 1. The court may modify an order granting vis- itation rights whenever modification would serve the best interests of the child.

Sec. 3. K.S.A. 23-108a is hereby amended to read as follows: 23- 108a. (a) The judge or clerk of the district court shall collect from the applicant for a marriage license a fee of $40 $50.

(b) The clerk of the court shall remit to the state treasurer at least monthly all fees prescribed by this section. Of each remittance, the state treasurer shall credit 57.5% 46% to the protection from abuse fund, 22.4% 17.92% to the family and children trust account of the family and children investment fund created by K.S.A. 38-1808 and amendments thereto, 20% to the crime victims assistance fund created by K.S.A. 74- 7334 and amendments thereto and the remainder to the state general fund.

Sec. 4. K.S.A. 1995 Supp. 74-7334 is hereby amended to read as follows: 74-7334. (a) There is hereby created in the state treasury the crime victims assistance fund. All moneys credited to the fund pursuant to K.S.A. 12-4117, 19-101e, 19-4707 and 20-367, and amendments thereto, shall be used solely for the purpose of making grants for on-going operating expenses of programs, including court-appointed special ad- vocate programs, providing: (1) Temporary emergency shelter for victims of child abuse and neglect; (2) counseling and assistance to those victims; or (3) educational services directed at reducing the incidence of child abuse and neglect and diminishing its impact on the victim. The remain- der of moneys credited to the fund shall be used for the purpose of supporting the operation of state agency programs which provide services to the victims of crime and making grants to existing programs or to establish and maintain new programs providing services to the victims of crime.

(b) All expenditures from the crime victims assistance fund shall be made in accordance with appropriations acts upon warrants of the direc- tor of accounts and reports issued pursuant to vouchers approved by the attorney general or by a person or persons designated by the attorney general.

(c) The attorney general may apply for, receive and accept moneys from any source for the purposes for which moneys in the crime victims assistance fund may be expended. Upon receipt of any such moneys, the attorney general shall remit the entire amount at least monthly to the state treasurer, who shall deposit it in the state treasury and credit it to the crime victims assistance fund.

(d) Grants made to programs with funds derived from K.S.A. 12- 4117, 19-101e, 19-4707 and 20-367 and amendments thereto shall be based on the numbers of persons served by the program and shall be made only to programs aimed at preventing child abuse and neglect or providing residential services or facilities to victims of child abuse or ne- glect. In order for programs to qualify for funding under this section, they must:

(1) Meet the requirements of section 501(c) of the internal revenue code of 1986;

(2) be registered and in good standing as a nonprofit corporation;

(3) meet normally accepted standards for nonprofit organizations;

(4) have trustees who represent the racial, ethnic and socioeconomic diversity of the county or counties served;

(5) have received 50% or more of their funds from sources other than funds distributed through the fund, which other sources may be public or private and may include contributions of goods or services, including materials, commodities, transportation, office space or other types of fa- cilities or personal services;

(6) demonstrate ability to successfully administer programs;

(7) make available an independent certified audit of the previous year's financial records;

(8) have obtained appropriate licensing or certification, or both;

(9) serve a significant number of residents of the county or counties served;

(10) not unnecessarily duplicate services already adequately provided to county residents; and

(11) agree to comply with reporting requirements of the attorney general.

The attorney general may adopt rules and regulations establishing ad- ditional standards for eligibility and accountability for grants made pur- suant to this section.

(e) All moneys credited to the fund pursuant to K.S.A. 23-108a and amendments thereto, shall be set aside to use as matching funds for meet- ing any federal requirement for the purpose of establishing child exchange and visitation centers as provided in section 1. If no federal funds are made available to the state for the purpose of establishing such child exchange and visitation centers, then such moneys may be used as oth- erwise provided in this section. Only those moneys credited to the fund pursuant to K.S.A. 23-108a, and amendments thereto, may be used for such matching funds. No state general fund moneys shall be used for such matching funds.

Sec. 5. K.S.A. 60-1620 is hereby amended to read as follows: 60- 1620. (a) Except as provided in subsection (d), a parent entitled to the custody of a child pursuant to K.S.A. 60-1610 and amendments thereto shall give written notice to the other parent not less than 21 days prior to changing the residence of the child to a place outside this state or removing the child from this state for a period of time exceeding 90 days. Such notice shall be sent by restricted mail, return receipt requested, to the last known address of the other parent.

(b) Failure to give notice as required by subsection (a) is an indirect civil contempt punishable as provided by law. In addition, the court may assess, against the parent required to give notice, reasonable attorney fees and any other expenses incurred by the other parent by reason of the failure to give notice.

(c) A change of the residence of a child to another state or removal of a child from this state for a period of time exceeding 90 days may be considered a material change of circumstances which justifies modifica- tion of a prior order of child support or custody.

(d) A parent entitled to the custody of a child pursuant to K.S.A. 60- 1610 and amendments thereto shall not be required to give the notice required by this section to the other parent when the other parent has been convicted of any crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated in which the child is the victim of such crime.

Sec. 6. K.S.A. 23-108a, 60-1616 and 60-1620 and K.S.A. 1995 Supp. 74-7334 are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its publication in the statute book.

Approved April 21, 1996.