Kansas 2023-2024 Regular Session

Kansas Senate Bill SB106 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Session of 2023
1	2		SENATE BILL No. 106
2		-	AN ACT reconciling multiple amendments to certain statutes; amending K.S.A. 8-1103, as
3		-	amended by section 1 of 2023 House Bill No. 2042, 25-1122, as amended by section 1
4		-	of 2023 House Bill No. 2053, 75-7240, as amended by section 15 of 2023 House Bill
5		-	No. 2019, and 75-7242, as amended by section 16 of 2023 House Bill No. 2019, and
6		-	K.S.A. 2022 Supp. 21-6614, 25-3009, as amended by section 48 of 2023 Senate Bill No.
7		-	221, 65-4101 and 79-3234, as amended by section 72 of 2023 Senate Bill No. 244, and
8		-	repealing the existing sections; also repealing K.S.A. 8-1103, as amended by section 4 of
9		-	2023 House Bill No. 2147, 25-1122, as amended by section 28 of 2023 Senate Bill No.
10		-	221, 32-837, as amended by section 35 of 2023 House Bill No. 2332, 32-906, as
11		-	amended by section 52 of 2023 House Bill No. 2332, 75-1253, as amended by section
12		-	127 of 2023 House Bill No. 2332, 75-7240, as amended by section 8 of 2023 House Bill
13		-	No. 2395, 75-7242, as amended by section 9 of 2023 House Bill No. 2395, and K.S.A.
14		-	2022 Supp. 21-6614i, 25-3009, as amended by section 3 of 2023 House Bill No. 2053,
15		-	65-4101d and 79-3234, as amended by section 141 of 2023 House Bill No. 2332.
	3	+	By Committee on Transportation
	4	+	1-26
	5	+	AN ACT concerning motor vehicles; relating to devices that are
	6	+	counterfeit supplemental restraint system components and
	7	+	nonfunctional airbags; creating the crime of knowingly or intentionally
	8	+	manufacturing, importing, distributing, selling, offering for sale,
	9	+	installing or reinstalling such devices and providing for criminal
	10	+	penalties for violation thereof.
16	11		Be it enacted by the Legislature of the State of Kansas:
17		-	Section 1. On and after January 1, 2024, K.S.A. 8-1103, as amended
18		-	by section 1 of 2023 House Bill No. 2042, is hereby amended to read as
19		-	follows: 8-1103. (a) (1) Whenever any person providing wrecker or
20		-	towing service, as defined by K.S.A. 66-1329, and amendments thereto,
21		-	while lawfully in possession of a vehicle, at the direction of a law
22		-	enforcement officer, the owner or, if a city ordinance or county resolution
23		-	authorizes the towing of vehicles by a wrecker or towing service, a self-
24		-	service storage facility operator as provided by K.S.A. 58-817, and
25		-	amendments thereto, or as otherwise provided by a city ordinance or
26		-	county resolution, renders any service to the owner thereof by the
27		-	recovery, transportation, protection, storage or safekeeping thereof, a first
28		-	and prior lien on the vehicle is hereby created in favor of such person
29		-	rendering such service and the lien shall amount to the full amount and
30		-	value of the service rendered. The lien may be foreclosed in the manner
31		-	provided in this act.
32		-	(2) If the name of the owner of the vehicle is known to the person in
33		-	possession of such vehicle, then within 15 days, notice shall be given to
34		-	the owner that the vehicle is being held subject to satisfaction of the lien.
35		-	Any vehicle remaining in the possession of a person providing wrecker or
36		-	towing service for a period of 30 days after such wrecker or towing
37		-	service was provided may be sold to pay the reasonable or agreed charges
38		-	for such recovery, transportation, protection, storage or safekeeping of
39		-	such vehicle and personal property therein, the costs of such sale, the
40		-	costs of notice to the owner of the vehicle and publication after giving the
41		-	notices required by this act, unless a court order has been issued to hold
42		-	such vehicle for the purpose of a criminal investigation or for use as
43		-	evidence at a trial.
44		-	(3) If a court orders any vehicle to be held for the purpose of a
45		-	criminal investigation or for use as evidence at a trial, then such order
46		-	shall be in writing, and the court shall assess as costs the reasonable or
47		-	agreed charges for the protection, storage or safekeeping accrued while
48		-	the vehicle was held pursuant to such written order.
49		-	(4) Any personal property within the vehicle need not be released to
50		-	the owner thereof until the reasonable or agreed charges for such
51		-	recovery, transportation or safekeeping have been paid, or satisfactory
52		-	arrangements for payment have been made, except as provided under
53		-	subsection (c) or for personal medical supplies which shall be released to
54		-	the owner thereof upon request. The person in possession of such vehicle
55		-	and personal property shall be responsible only for the reasonable care of
56		-	such property. Any personal property within the vehicle not returned to
57		-	the owner shall be sold at the auction authorized by this act.
58		-	(5) A person providing wrecker or towing service shall provide a
59		-	certification of compliance to a purchaser pursuant to section 1 of 2023
60		-	House Bill No. 2147, and amendments thereto, upon the sale and transfer
61		-	of a vehicle authorized by this section. SENATE BILL No. 106—page 2
62		-	(b) At the time of providing wrecker or towing service, any person
63		-	providing such wrecker or towing service shall give written notice to
64		-	the driver, if available, of the vehicle being towed that a fee will be
65		-	charged for storage of such vehicle. Failure to give such written notice
66		-	shall invalidate any lien established for such storage fee.
67		-	(c) A city ordinance or county resolution authorizing the towing of
68		-	vehicles from private property shall specify in such ordinance or
69		-	resolution:
70		-	(1) The maximum rate such wrecker or towing service may charge
71		-	for such wrecker or towing service and storage fees;
72		-	(2) that an owner of a vehicle towed shall have access to personal
73		-	property in such vehicle for 48 hours after such vehicle has been towed
74		-	and such personal property shall be released to the owner; and
75		-	(3) that the wrecker or towing service shall report the location of
76		-	such vehicle to local law enforcement within two hours of such tow.
77		-	(d) A person providing towing services shall not tow a vehicle to a
78		-	location outside of Kansas without the consent of either:
79		-	(1) The driver or owner of the motor vehicle;
80		-	(2) a motor club of which the driver or owner of the motor vehicle
81		-	is a member; or
82		-	(3) the insurance company processing a claim with respect to the
83		-	vehicle or an agent of such insurance company.
84		-	Sec. 2. K.S.A. 2022 Supp. 21-6614 is hereby amended to read as
85		-	follows: 21-6614. (a) (1) Except as provided in subsections (b), (c), (d),
86		-	(e) and (f), any person convicted in this state of a traffic infraction,
87		-	cigarette or tobacco infraction, misdemeanor or a class D or E felony,
88		-	or for crimes committed on or after July 1, 1993, any nongrid felony or
89		-	felony ranked in severity levels 6 through 10 of the nondrug grid, or for
90		-	crimes committed on or after July 1, 1993, but prior to July 1, 2012,
91		-	any felony ranked in severity level 4 of the drug grid, or for crimes
92		-	committed on or after July 1, 2012, any felony ranked in severity level
93		-	5 of the drug grid may petition the convicting court for the
94		-	expungement of such conviction or related arrest records if three or
95		-	more years have elapsed since the person: (A) Satisfied the sentence
96		-	imposed; or (B) was discharged from probation, a community
97		-	correctional services program, parole, postrelease supervision,
98		-	conditional release or a suspended sentence.
99		-	(2) Except as provided in subsections (b), (c), (d), (e) and (f), any
100		-	person who has fulfilled the terms of a diversion agreement may
101		-	petition the district court for the expungement of such diversion
102		-	agreement and related arrest records if three or more years have elapsed
103		-	since the terms of the diversion agreement were fulfilled.
104		-	(3) Notwithstanding the provisions of subsection (a)(1), and
105		-	except as provided in subsections (b), (c), (d), (e) and (f), any person
106		-	who has completed the requirements of a specialty court program
107		-	established pursuant to K.S.A. 2022 Supp. 20-173, and amendments
108		-	thereto, may petition the district court for the expungement of the
109		-	conviction and related arrest records. The court may waive all or part
110		-	of the docket fee imposed for filing a petition pursuant to this
111		-	subsection.
112		-	(b) Any person convicted of prostitution, as defined in K.S.A. 21-
113		-	3512, prior to its repeal, convicted of a violation of K.S.A. 2022 Supp.
114		-	21-6419, and amendments thereto, or who entered into a diversion
115		-	agreement in lieu of further criminal proceedings for such violation,
116		-	may petition the convicting court for the expungement of such
117		-	conviction or diversion agreement and related arrest records if:
118		-	(1) One or more years have elapsed since the person satisfied the
119		-	sentence imposed or the terms of a diversion agreement or was
120		-	discharged from probation, a community correctional services program, SENATE BILL No. 106—page 3
121		-	parole, postrelease supervision, conditional release or a suspended
122		-	sentence; and
123		-	(2) such person can prove they were acting under coercion caused
124		-	by the act of another. For purposes of this subsection, "coercion"
125		-	means: Threats of harm or physical restraint against any person; a
126		-	scheme, plan or pattern intended to cause a person to believe that
127		-	failure to perform an act would result in bodily harm or physical
128		-	restraint against any person; or the abuse or threatened abuse of the
129		-	legal process.
130		-	(c) Except as provided in subsections (e) and (f), no person may
131		-	petition for expungement until five or more years have elapsed since
132		-	the person satisfied the sentence imposed or the terms of a diversion
133		-	agreement or was discharged from probation, a community correctional
134		-	services program, parole, postrelease supervision, conditional release or
135		-	a suspended sentence, if such person was convicted of a class A, B or C
136		-	felony, or for crimes committed on or after July 1, 1993, if convicted of
137		-	an off-grid felony or any felony ranked in severity levels 1 through 5 of
138		-	the nondrug grid, or for crimes committed on or after July 1, 1993, but
139		-	prior to July 1, 2012, any felony ranked in severity levels 1 through 3
140		-	of the drug grid, or for crimes committed on or after July 1, 2012, any
141		-	felony ranked in severity levels 1 through 4 of the drug grid, or:
142		-	(1) Vehicular homicide, as defined in K.S.A. 21-3405, prior to its
143		-	repeal, or K.S.A. 2022 Supp. 21-5406, and amendments thereto, or as
144		-	prohibited by any law of another state that is in substantial conformity
145		-	with that statute;
146		-	(2) driving while the privilege to operate a motor vehicle on the
147		-	public highways of this state has been canceled, suspended or revoked,
148		-	as prohibited by K.S.A. 8-262, and amendments thereto, or as
149		-	prohibited by any law of another state that is in substantial conformity
150		-	with that statute;
151		-	(3) perjury resulting from a violation of K.S.A. 8-261a, and
152		-	amendments thereto, or resulting from the violation of a law of another
153		-	state that is in substantial conformity with that statute;
154		-	(4) violating the provisions of K.S.A. 8-142 Fifth, and
155		-	amendments thereto, relating to fraudulent applications or violating the
156		-	provisions of a law of another state that is in substantial conformity
157		-	with that statute;
158		-	(5) any crime punishable as a felony wherein a motor vehicle was
159		-	used in the perpetration of such crime;
160		-	(6) failing to stop at the scene of an accident and perform the
161		-	duties required by K.S.A. 8-1603, prior to its repeal, or K.S.A. 8-1602
162		-	or 8-1604, and amendments thereto, or required by a law of another
163		-	state that is in substantial conformity with those statutes;
164		-	(7) violating the provisions of K.S.A. 40-3104, and amendments
165		-	thereto, relating to motor vehicle liability insurance coverage; or
166		-	(8) a violation of K.S.A. 21-3405b, prior to its repeal.
167		-	(d) (1) No person may petition for expungement until five or more
168		-	years have elapsed since the person satisfied the sentence imposed or
169		-	the terms of a diversion agreement or was discharged from probation, a
170		-	community correctional services program, parole, postrelease
171		-	supervision, conditional release or a suspended sentence, if such person
172		-	was convicted of a first violation of K.S.A. 8-1567, and amendments
173		-	thereto, including any diversion for such violation.
174		-	(2) No person may petition for expungement until 10 or more
175		-	years have elapsed since the person satisfied the sentence imposed or
176		-	was discharged from probation, a community correctional services
177		-	program, parole, postrelease supervision, conditional release or a
178		-	suspended sentence, if such person was convicted of a second or
179		-	subsequent violation of K.S.A. 8-1567, and amendments thereto. SENATE BILL No. 106—page 4
180		-	(3) Except as provided further, the provisions of this subsection
181		-	shall apply to all violations committed on or after July 1, 2006. The
182		-	provisions of subsection (d)(2) shall not apply to violations committed
183		-	on or after July 1, 2014, but prior to July 1, 2015.
184		-	(e) There shall be no expungement of convictions for the
185		-	following offenses or of convictions for an attempt to commit any of
186		-	the following offenses:
187		-	(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or
188		-	K.S.A. 2022 Supp. 21-5503, and amendments thereto;
189		-	(2) indecent liberties with a child or aggravated indecent liberties
190		-	with a child, as defined in K.S.A. 21-3503 or 21-3504, prior to their
191		-	repeal, or K.S.A. 2022 Supp. 21-5506, and amendments thereto;
192		-	(3) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (a)(3),
193		-	prior to its repeal, or K.S.A. 2022 Supp. 21-5504(a)(3) or (a)(4), and
194		-	amendments thereto;
195		-	(4) aggravated criminal sodomy, as defined in K.S.A. 21-3506,
196		-	prior to its repeal, or K.S.A. 2022 Supp. 21-5504, and amendments
197		-	thereto;
198		-	(5) indecent solicitation of a child or aggravated indecent
199		-	solicitation of a child, as defined in K.S.A. 21-3510 or 21-3511, prior to
200		-	their repeal, or K.S.A. 2022 Supp. 21-5508, and amendments thereto;
201		-	(6) sexual exploitation of a child, as defined in K.S.A. 21-3516,
202		-	prior to its repeal, or K.S.A. 2022 Supp. 21-5510, and amendments
203		-	thereto;
204		-	(7) internet trading in child pornography or aggravated internet
205		-	trading in child pornography, as defined in K.S.A. 2022 Supp. 21-5514,
206		-	and amendments thereto;
207		-	(8) aggravated incest, as defined in K.S.A. 21-3603, prior to its
208		-	repeal, or K.S.A. 2022 Supp. 21-5604, and amendments thereto;
209		-	(9) endangering a child or aggravated endangering a child, as
210		-	defined in K.S.A. 21-3608 or 21-3608a, prior to their repeal, or K.S.A.
211		-	2022 Supp. 21-5601, and amendments thereto;
212		-	(10) abuse of a child, as defined in K.S.A. 21-3609, prior to its
213		-	repeal, or K.S.A. 2022 Supp. 21-5602, and amendments thereto;
214		-	(11) capital murder, as defined in K.S.A. 21-3439, prior to its
215		-	repeal, or K.S.A. 2022 Supp. 21-5401, and amendments thereto;
216		-	(12) murder in the first degree, as defined in K.S.A. 21-3401, prior
217		-	to its repeal, or K.S.A. 2022 Supp. 21-5402, and amendments thereto;
218		-	(13) murder in the second degree, as defined in K.S.A. 21-3402,
219		-	prior to its repeal, or K.S.A. 2022 Supp. 21-5403, and amendments
220		-	thereto;
221		-	(14) voluntary manslaughter, as defined in K.S.A. 21-3403, prior
222		-	to its repeal, or K.S.A. 2022 Supp. 21-5404, and amendments thereto;
223		-	(15) involuntary manslaughter, as defined in K.S.A. 21-3404,
224		-	prior to its repeal, or K.S.A. 2022 Supp. 21-5405, and amendments
225		-	thereto;
226		-	(16) sexual battery, as defined in K.S.A. 21-3517, prior to its
227		-	repeal, or K.S.A. 2022 Supp. 21-5505, and amendments thereto, when
228		-	the victim was less than 18 years of age at the time the crime was
229		-	committed;
230		-	(17) aggravated sexual battery, as defined in K.S.A. 21-3518, prior
231		-	to its repeal, or K.S.A. 2022 Supp. 21-5505, and amendments thereto;
232		-	(18) a violation of K.S.A. 8-2,144, and amendments thereto,
233		-	including any diversion for such violation; or
234		-	(19) any conviction for any offense in effect at any time prior to
235		-	July 1, 2011, that is comparable to any offense as provided in this
236		-	subsection.
237		-	(f) Except as provided in K.S.A. 22-4908, and amendments
238		-	thereto, for any offender who is required to register as provided in the SENATE BILL No. 106—page 5
239		-	Kansas offender registration act, K.S.A. 22-4901 et seq., and
240		-	amendments thereto, there shall be no expungement of any conviction
241		-	or any part of the offender's criminal record while the offender is
242		-	required to register as provided in the Kansas offender registration act.
243		-	(g) (1) When a petition for expungement is filed, the court shall
244		-	set a date for a hearing of such petition and shall cause notice of such
245		-	hearing to be given to the prosecutor and the arresting law enforcement
246		-	agency. The petition shall state the:
247		-	(A) Defendant's full name;
248		-	(B) full name of the defendant at the time of arrest, conviction or
249		-	diversion, if different than the defendant's current name;
250		-	(C) defendant's sex, race and date of birth;
251		-	(D) crime for which the defendant was arrested, convicted or
252		-	diverted;
253		-	(E) date of the defendant's arrest, conviction or diversion; and
254		-	(F) identity of the convicting court, arresting law enforcement
255		-	authority or diverting authority.
256		-	(2) Except as otherwise provided by law, a petition for
257		-	expungement shall be accompanied by a docket fee in the amount of
258		-	$176. On and after July 1, 2019, through June 30, 2025, the supreme
259		-	court may impose a charge, not to exceed $19 per case, to fund the
260		-	costs of non-judicial personnel. The charge established in this section
261		-	shall be the only fee collected or moneys in the nature of a fee collected
262		-	for the case. Such charge shall only be established by an act of the
263		-	legislature and no other authority is established by law or otherwise to
264		-	collect a fee.
265		-	(3) All petitions for expungement shall be docketed in the original
266		-	criminal action. Any person who may have relevant information about
267		-	the petitioner may testify at the hearing. The court may inquire into the
268		-	background of the petitioner and shall have access to any reports or
269		-	records relating to the petitioner that are on file with the secretary of
270		-	corrections or the prisoner review board.
271		-	(h) At the hearing on the petition, the court shall order the
272		-	petitioner's arrest record, conviction or diversion expunged if the court
273		-	finds that:
274		-	(1) (A) The petitioner has not been convicted of a felony in the
275		-	past two years and no proceeding involving any such crime is presently
276		-	pending or being instituted against the petitioner if the petition is filed
277		-	under subsection (a)(1) or (a)(2); or
278		-	(B) no proceeding involving a felony is presently pending or being
279		-	instituted against the petitioner if the petition is filed under subsection
280		-	(a)(3);
281		-	(2) the circumstances and behavior of the petitioner warrant the
282		-	expungement;
283		-	(3) the expungement is consistent with the public welfare; and
284		-	(4) with respect to petitions seeking expungement of a felony
285		-	conviction, possession of a firearm by the petitioner is not likely to
286		-	pose a threat to the safety of the public.
287		-	(i) When the court has ordered an arrest record, conviction or
288		-	diversion expunged, the order of expungement shall state the
289		-	information required to be contained in the petition. The clerk of the
290		-	court shall send a certified copy of the order of expungement to the
291		-	Kansas bureau of investigation that shall notify the federal bureau of
292		-	investigation, the secretary of corrections and any other criminal justice
293		-	agency that may have a record of the arrest, conviction or diversion. If
294		-	the case was appealed from municipal court, the clerk of the district
295		-	court shall send a certified copy of the order of expungement to the
296		-	municipal court. The municipal court shall order the case expunged
297		-	once the certified copy of the order of expungement is received. After SENATE BILL No. 106—page 6
298		-	the order of expungement is entered, the petitioner shall be treated as
299		-	not having been arrested, convicted or diverted of the crime, except
300		-	that:
301		-	(1) Upon conviction for any subsequent crime, the conviction that
302		-	was expunged may be considered as a prior conviction in determining
303		-	the sentence to be imposed;
304		-	(2) the petitioner shall disclose that the arrest, conviction or
305		-	diversion occurred if asked about previous arrests, convictions or
306		-	diversions:
307		-	(A) In any application for licensure as a private detective, private
308		-	detective agency, certification as a firearms trainer pursuant to K.S.A.
309		-	75-7b21, and amendments thereto, or employment as a detective with a
310		-	private detective agency, as defined by K.S.A. 75-7b01, and
311		-	amendments thereto; as security personnel with a private patrol
312		-	operator, as defined by K.S.A. 75-7b01, and amendments thereto; or
313		-	with an institution, as defined in K.S.A. 76-12a01, and amendments
314		-	thereto, of the Kansas department for aging and disability services;
315		-	(B) in any application for admission, or for an order of
316		-	reinstatement, to the practice of law in this state;
317		-	(C) to aid in determining the petitioner's qualifications for
318		-	employment with the Kansas lottery or for work in sensitive areas
319		-	within the Kansas lottery as deemed appropriate by the executive
320		-	director of the Kansas lottery;
321		-	(D) to aid in determining the petitioner's qualifications for
322		-	executive director of the Kansas racing and gaming commission, for
323		-	employment with the commission or for work in sensitive areas in
324		-	parimutuel racing as deemed appropriate by the executive director of
325		-	the commission, or to aid in determining qualifications for licensure or
326		-	renewal of licensure by the commission;
327		-	(E) to aid in determining the petitioner's qualifications for the
328		-	following under the Kansas expanded lottery act: (i) Lottery gaming
329		-	facility manager or prospective manager, racetrack gaming facility
330		-	manager or prospective manager, licensee or certificate holder; or (ii)
331		-	an officer, director, employee, owner, agent or contractor thereof;
332		-	(F) upon application for a commercial driver's license under
333		-	K.S.A. 8-2,125 through 8-2,142, and amendments thereto;
334		-	(G) to aid in determining the petitioner's qualifications to be an
335		-	employee of the state gaming agency;
336		-	(H) to aid in determining the petitioner's qualifications to be an
337		-	employee of a tribal gaming commission or to hold a license issued
338		-	pursuant to a tribal-state gaming compact;
339		-	(I) in any application for registration as a broker-dealer, agent,
340		-	investment adviser or investment adviser representative all as defined
341		-	in K.S.A. 17-12a102, and amendments thereto;
342		-	(J) in any application for employment as a law enforcement officer
343		-	as defined in K.S.A. 22-2202 or 74-5602, and amendments thereto; or
344		-	(K) to aid in determining the petitioner's qualifications for a
345		-	license to act as a bail enforcement agent pursuant to K.S.A. 75-7e01
346		-	through 75-7e09, and amendments thereto, and K.S.A. 2022 Supp. 50-
347		-	6,141, and amendments thereto;
348		-	(3) the court, in the order of expungement, may specify other
349		-	circumstances under which the conviction is to be disclosed;
350		-	(4) the conviction may be disclosed in a subsequent prosecution
351		-	for an offense that requires as an element of such offense a prior
352		-	conviction of the type expunged; and
353		-	(5) upon commitment to the custody of the secretary of
354		-	corrections, any previously expunged record in the possession of the
355		-	secretary of corrections may be reinstated and the expungement
356		-	disregarded, and the record continued for the purpose of the new SENATE BILL No. 106—page 7
357		-	commitment.
358		-	(j) Whenever a person is convicted of a crime, pleads guilty and
359		-	pays a fine for a crime, is placed on parole, postrelease supervision or
360		-	probation, is assigned to a community correctional services program, is
361		-	granted a suspended sentence or is released on conditional release, the
362		-	person shall be informed of the ability to expunge the arrest records or
363		-	conviction. Whenever a person enters into a diversion agreement, the
364		-	person shall be informed of the ability to expunge the diversion.
365		-	(k) (1) Subject to the disclosures required pursuant to subsection
366		-	(i), in any application for employment, license or other civil right or
367		-	privilege, or any appearance as a witness, a person whose arrest
368		-	records, conviction or diversion of a crime has been expunged under
369		-	this statute may state that such person has never been arrested,
370		-	convicted or diverted of such crime.
371		-	(2) A person whose arrest record, conviction or diversion of a
372		-	crime that resulted in such person being prohibited by state or federal
373		-	law from possessing a firearm has been expunged under this statute
374		-	shall be deemed to have had such person's right to keep and bear arms
375		-	fully restored. This restoration of rights shall include, but not be limited
376		-	to, the right to use, transport, receive, purchase, transfer and possess
377		-	firearms. The provisions of this paragraph shall apply to all orders of
378		-	expungement, including any orders issued prior to July 1, 2021.
379		-	(l) Whenever the record of any arrest, conviction or diversion has
380		-	been expunged under the provisions of this section or under the
381		-	provisions of any other existing or former statute, the custodian of the
382		-	records of arrest, conviction, diversion and incarceration relating to that
383		-	crime shall not disclose the existence of such records, except when
384		-	requested by:
385		-	(1) The person whose record was expunged;
386		-	(2) a private detective agency or a private patrol operator, and the
387		-	request is accompanied by a statement that the request is being made in
388		-	conjunction with an application for employment with such agency or
389		-	operator by the person whose record has been expunged;
390		-	(3) a court, upon a showing of a subsequent conviction of the
391		-	person whose record has been expunged;
392		-	(4) the secretary for aging and disability services, or a designee of
393		-	the secretary, for the purpose of obtaining information relating to
394		-	employment in an institution, as defined in K.S.A. 76-12a01, and
395		-	amendments thereto, of the Kansas department for aging and disability
396		-	services of any person whose record has been expunged;
397		-	(5) a person entitled to such information pursuant to the terms of
398		-	the expungement order;
399		-	(6) a prosecutor, and such request is accompanied by a statement
400		-	that the request is being made in conjunction with a prosecution of an
401		-	offense that requires a prior conviction as one of the elements of such
402		-	offense;
403		-	(7) the supreme court, the clerk or disciplinary administrator
404		-	thereof, the state board for admission of attorneys or the state board for
405		-	discipline of attorneys, and the request is accompanied by a statement
406		-	that the request is being made in conjunction with an application for
407		-	admission, or for an order of reinstatement, to the practice of law in this
408		-	state by the person whose record has been expunged;
409		-	(8) the Kansas lottery, and the request is accompanied by a
410		-	statement that the request is being made to aid in determining
411		-	qualifications for employment with the Kansas lottery or for work in
412		-	sensitive areas within the Kansas lottery as deemed appropriate by the
413		-	executive director of the Kansas lottery;
414		-	(9) the governor or the Kansas racing and gaming commission, or
415		-	a designee of the commission, and the request is accompanied by a SENATE BILL No. 106—page 8
416		-	statement that the request is being made to aid in determining
417		-	qualifications for executive director of the commission, for
418		-	employment with the commission, for work in sensitive areas in
419		-	parimutuel racing as deemed appropriate by the executive director of
420		-	the commission or for licensure, renewal of licensure or continued
421		-	licensure by the commission;
422		-	(10) the Kansas racing and gaming commission, or a designee of
423		-	the commission, and the request is accompanied by a statement that the
424		-	request is being made to aid in determining qualifications of the
425		-	following under the Kansas expanded lottery act: (A) Lottery gaming
426		-	facility managers and prospective managers, racetrack gaming facility
427		-	managers and prospective managers, licensees and certificate holders;
428		-	and (B) their officers, directors, employees, owners, agents and
429		-	contractors;
430		-	(11) the Kansas sentencing commission;
431		-	(12) the state gaming agency, and the request is accompanied by a
432		-	statement that the request is being made to aid in determining
433		-	qualifications: (A) To be an employee of the state gaming agency; or
434		-	(B) to be an employee of a tribal gaming commission or to hold a
435		-	license issued pursuant to a tribal-gaming compact;
436		-	(13) the Kansas securities commissioner or a designee of the
437		-	commissioner, and the request is accompanied by a statement that the
438		-	request is being made in conjunction with an application for
439		-	registration as a broker-dealer, agent, investment adviser or investment
440		-	adviser representative by such agency and the application was
441		-	submitted by the person whose record has been expunged;
442		-	(14) the Kansas commission on peace officers' standards and
443		-	training and the request is accompanied by a statement that the request
444		-	is being made to aid in determining certification eligibility as a law
445		-	enforcement officer pursuant to K.S.A. 74-5601 et seq., and
446		-	amendments thereto;
447		-	(15) a law enforcement agency and the request is accompanied by
448		-	a statement that the request is being made to aid in determining
449		-	eligibility for employment as a law enforcement officer as defined by
450		-	K.S.A. 22-2202, and amendments thereto;
451		-	(16) (A) the attorney general and the request is accompanied by a
452		-	statement that the request is being made to aid in determining
453		-	qualifications for a license to act as a bail enforcement agent pursuant
454		-	to K.S.A. 75-7e01 through 75-7e09, and amendments thereto, and
455		-	K.S.A. 2022 Supp. 50-6,141, and amendments thereto; or
456		-	(B) the attorney general for any other purpose authorized by law,
457		-	except that an expungement record shall not be the basis for denial of a
458		-	license to carry a concealed handgun under the personal and family
459		-	protection act; or
460		-	(17) the Kansas bureau of investigation, for the purpose of
461		-	completing a person's criminal history record information within the
462		-	central repository, in accordance with K.S.A. 22-4701 et seq., and
463		-	amendments thereto.
464		-	(m) (1) The provisions of subsection (l)(17) shall apply to records
465		-	created prior to, on and after July 1, 2011.
466		-	(2) Upon the issuance of an order of expungement that resulted in
467		-	the restoration of a person's right to keep and bear arms, the Kansas
468		-	bureau of investigation shall report to the federal bureau of
469		-	investigation that such expunged record be withdrawn from the national
470		-	instant criminal background check system. The Kansas bureau of
471		-	investigation shall include such order of expungement in the person's
472		-	criminal history record for purposes of documenting the restoration of
473		-	such person's right to keep and bear arms.
474		-	Sec. 3. K.S.A. 25-1122, as amended by section 1 of 2023 House SENATE BILL No. 106—page 9
475		-	Bill No. 2053, is hereby amended to read as follows: 25-1122. (a) Any
476		-	registered voter may file with the county election officer where the
477		-	such person is a resident, or where the such person is authorized by law
478		-	to vote as a former precinct resident, an application for an advance
479		-	voting ballot. The signed application shall be transmitted only to the
480		-	county election officer by personal delivery, mail, facsimile or as
481		-	otherwise provided by law.
482		-	(b) If the registered voter is applying for an advance voting ballot
483		-	to be transmitted in person, the voter shall provide identification
484		-	pursuant to K.S.A. 25-2908, and amendments thereto.
485		-	(c) If the registered voter is applying for an advance voting ballot
486		-	to be transmitted by mail, the voter shall provide with the application
487		-	for an advance voting ballot the voter's current and valid Kansas
488		-	driver's license number, nondriver's identification card number or a
489		-	photocopy of any other identification provided by K.S.A. 25-2908, and
490		-	amendments thereto.
491		-	(d) A voter may vote a provisional ballot according to K.S.A. 25-
492		-	409, and amendments thereto, if:
493		-	(1) The voter is unable or refuses to provide current and valid
494		-	identification; or
495		-	(2) the name and address of the voter provided on the application
496		-	for an advance voting ballot do not match the voter's name and address
497		-	on the registration book. The voter shall provide a valid form of
498		-	identification as defined in K.S.A. 25-2908, and amendments thereto,
499		-	to the county election officer in person or provide a copy by mail or
500		-	electronic means before the meeting of the county board of canvassers.
501		-	At the meeting of the county board of canvassers the county election
502		-	officer shall present copies of identification received from provisional
503		-	voters and the corresponding provisional ballots. If the county board of
504		-	canvassers determines that a voter's identification is valid and the
505		-	provisional ballot was properly cast, the ballot shall be counted.
506		-	(e) No county election officer shall provide an advance voting
507		-	ballot to a person who is requesting an advance voting ballot to be
508		-	transmitted by mail unless:
509		-	(1) The county election official verifies that the signature of the
510		-	person matches that on file in the county voter registration records,
511		-	except that verification of the voter's signature shall not be required if a
512		-	voter has a disability preventing the voter from signing. Signature
513		-	verification may occur by electronic device or by human inspection. In
514		-	the event that the signature of a person who is requesting an advance
515		-	voting ballot does not match that on file, the county election officer
516		-	shall attempt to contact the person and shall offer the person another
517		-	opportunity to provide the person's signature for the purposes of
518		-	verifying the person's identity. If the county election officer is unable to
519		-	reach the person, the county election officer may transmit a provisional
520		-	ballot, however, such provisional ballot may not be counted unless a
521		-	signature is included therewith that can be verified; and
522		-	(2) the person provides such person's full Kansas driver's license
523		-	number, Kansas nondriver's identification card number issued by the
524		-	division of vehicles, or submits such person's application for an
525		-	advance voting ballot and a copy of identification provided by K.S.A.
526		-	25-2908, and amendments thereto, to the county election officer for
527		-	verification. If a person applies for an advance voting ballot to be
528		-	transmitted by mail but fails to provide identification pursuant to this
529		-	subsection or the identification of the person cannot be verified by the
530		-	county election officer, the county election officer shall provide
531		-	information to the person regarding the voter rights provisions of
532		-	subsection (d) and shall provide the person an opportunity to provide
533		-	identification pursuant to this subsection. For the purposes of this act, SENATE BILL No. 106—page 10
534		-	Kansas state offices and offices of any subdivision of the state will
535		-	allow any person seeking to vote by an advance voting ballot the use of
536		-	a photocopying device to make one photocopy of an identification
537		-	document at no cost.
538		-	(f) (1) Applications for advance voting ballots to be transmitted to
539		-	the voter by mail shall be filed only at the following times:
540		-	(A) For the primary election occurring on the first Tuesday in
541		-	August in both even-numbered and odd-numbered years, between April
542		-	1 of such year and the Tuesday of the week preceding such primary
543		-	election;
544		-	(B) for the general election occurring on the Tuesday following
545		-	the first Monday in November in both even-numbered and odd-
546		-	numbered years, between 90 days prior to such election and the
547		-	Tuesday of the week preceding such general election;
548		-	(C) for the presidential preference primary election held pursuant
549		-	to K.S.A. 25-4501a, and amendments thereto, between January 1 of the
550		-	year in which such election is held and 30 days prior to the day of such
551		-	election;
552		-	(D) for question submitted elections occurring on the date of a
553		-	primary or general election, the same as is provided for ballots for
554		-	election of officers at such election;
555		-	(E) for question submitted elections not occurring on the date of a
556		-	primary or general election, between the time of the first published
557		-	notice thereof and the Tuesday of the week preceding such question
558		-	submitted election, except that if the question submitted election is held
559		-	on a day other than a Tuesday, the final date for mailing of advance
560		-	voting ballots shall be one week before such election; and
561		-	(F) for any special election of officers, at such time as is specified
562		-	by the secretary of state.
563		-	(2) The county election officer of any county may receive
564		-	applications prior to the time specified in this subsection and hold such
565		-	applications until the beginning of the prescribed application period.
566		-	Such applications shall be treated as filed on that date.
567		-	(g) (1) Unless an earlier date is designated by the county election
568		-	office, applications for advance voting ballots transmitted to the voter
569		-	in person in the office of the county election officer shall be filed on the
570		-	Tuesday next preceding the election and on each subsequent business
571		-	day until no later than 12 noon on the day preceding such election. If
572		-	the county election officer so provides, applications for advance voting
573		-	ballots transmitted to the voter in person in the office of the county
574		-	election officer also may be filed on the Saturday preceding the
575		-	election. Upon receipt of any such properly executed application, the
576		-	county election officer shall deliver to the voter such ballots and
577		-	instructions as are provided for in this act.
578		-	(2) An application for an advance voting ballot filed by a voter
579		-	who has a temporary illness or disability or who is not proficient in
580		-	reading the English language or by a person rendering assistance to
581		-	such voter may be filed during the regular advance ballot application
582		-	periods until the close of the polls on election day.
583		-	(3) The county election officer may designate places other than the
584		-	central county election office as satellite advance voting sites. At any
585		-	satellite advance voting site, a registered voter may obtain an
586		-	application for advance voting ballots. Ballots and instructions shall be
587		-	delivered to the voter in the same manner and subject to the same
588		-	limitations as otherwise provided by this subsection.
589		-	(h) Any person having a permanent disability or an illness that has
590		-	been diagnosed as a permanent illness is hereby authorized to make an
591		-	application for permanent advance voting status. Applications for
592		-	permanent advance voting status shall be in the form and contain such SENATE BILL No. 106—page 11
593		-	information as is required for application for advance voting ballots and
594		-	also shall contain information that establishes the voter's right to
595		-	permanent advance voting status.
596		-	(i) On receipt of any application filed under the provisions of this
597		-	section, the county election officer shall prepare and maintain in such
598		-	officer's office a list of the names of all persons who have filed such
599		-	applications, together with their correct post office address and the
600		-	precinct, ward, township or voting area in which the persons claim to
601		-	be registered voters or to be authorized by law to vote as former
602		-	precinct residents and the present resident address of each applicant.
603		-	Names and addresses shall remain so listed until the day of such
604		-	election. The county election officer shall maintain a separate listing of
605		-	the names and addresses of persons qualifying for permanent advance
606		-	voting status. All such lists shall be available for inspection upon
607		-	request in compliance with this subsection by any registered voter
608		-	during regular business hours. The county election officer upon receipt
609		-	of the applications shall enter upon a record kept by such officer the
610		-	name and address of each applicant, which record shall conform to the
611		-	list above required. Before inspection of any advance voting ballot
612		-	application list, the person desiring to make the inspection shall provide
613		-	to the county election officer identification in the form of driver's
614		-	license or other reliable identification and shall sign a log book or
615		-	application form maintained by the officer stating the person's name
616		-	and address and showing the date and time of inspection. All records
617		-	made by the county election officer shall be subject to public
618		-	inspection, except that the voter identification information required by
619		-	subsections (b) and (c) and the identifying number on ballots and ballot
620		-	envelopes and records of such numbers shall not be made public.
621		-	(j) If a person on the permanent advance voting list fails to vote in
622		-	four consecutive general elections held on the Tuesday succeeding the
623		-	first Monday in November of each even-numbered and odd-numbered
624		-	year, the county election officer may mail a notice to such voter. The
625		-	notice shall inform the voter that the voter's name will be removed from
626		-	the permanent advance voting list unless the voter renews the
627		-	application for permanent advance voting status within 30 days after
628		-	the notice is mailed. If the voter fails to renew such application, the
629		-	county election officer shall remove the voter's name from the
630		-	permanent advance voting list. Failure to renew the application for
631		-	permanent advance voting status shall not result in removal of the
632		-	voter's name from the voter registration list.
633		-	(k) (1) Any person who solicits by mail a registered voter to file
634		-	an application for an advance voting ballot and includes an application
635		-	for an advance voting ballot in such mailing shall include on the
636		-	exterior of such mailing, and on each page contained therein, except the
637		-	application, a clear and conspicuous label in 14-point font or larger that
638		-	includes:
639		-	(A) The name of the individual or organization that caused such
640		-	solicitation to be mailed;
641		-	(B) if an organization, the name of the president, chief executive
642		-	officer or executive director of such organization;
643		-	(C) the address of such individual or organization; and
644		-	(D) the following statement: "Disclosure: This is not a government
645		-	mailing. It is from a private individual or organization."
646		-	(2) The application for an advance voting ballot included in such
647		-	mailing shall be the official application for advance ballot by mail
648		-	provided by the secretary of state. No portion of such application shall
649		-	be completed prior to mailing such application to the registered voter.
650		-	(3) An application for an advance voting ballot shall include an
651		-	envelope addressed to the appropriate county election office for the SENATE BILL No. 106—page 12
652		-	mailing of such application. In no case shall the person who mails the
653		-	application to the voter direct that the completed application be
654		-	returned to such person.
655		-	(4) The provisions of this subsection shall not apply to:
656		-	(A) The secretary of state or any election official or county
657		-	election office; or
658		-	(B) the official protection and advocacy for voting access agency
659		-	for this state as designated pursuant to the federal help America vote act
660		-	of 2002, public law 107-252, or any other entity required to provide
661		-	information concerning elections and voting procedures by federal law.
662		-	(5) A violation of this subsection is a class C nonperson
	12	+	New Section 1. (a) No person shall knowingly or intentionally
	13	+	manufacture, import, distribute, sell, offer for sale, install or reinstall a
	14	+	device intended to replace a supplemental restraint system component if
	15	+	the device is:
	16	+	(1) A counterfeit supplemental restraint system component;
	17	+	(2) a nonfunctional airbag; or
	18	+	(3) any object in lieu of a supplemental restraint system component
	19	+	that was not designed in accordance with federal safety regulations for the
	20	+	make, model and year of the motor vehicle in which such device is or will
	21	+	be installed.
	22	+	(b) Violation of subsection (a) shall be a class A nonperson
663	23		misdemeanor.
664		-	(l) (1) No person shall mail or cause to be mailed an application
665		-	for an advance voting ballot, unless such person is a resident of this
666		-	state or is otherwise domiciled in this state.
667		-	(2) Any individual may file a complaint in writing with the
668		-	attorney general alleging a violation of this subsection. Such complaint
669		-	shall include the name of the person alleged to have violated this
670		-	subsection and any other information as required by the attorney
671		-	general. Upon receipt of a complaint, the attorney general shall
672		-	investigate and may file an action against any person found to have
673		-	violated this subsection.
674		-	(3) Any person who violates the provisions of this subsection is
675		-	subject to a civil penalty of $20. Each instance in which a person mails
676		-	an application for an advance voting ballot in violation of this section
677		-	shall constitute a separate violation.
678		-	(m) A county election officer shall not mail a ballot to a voter
679		-	unless such voter has submitted an application for an advance voting
680		-	ballot, except that a ballot may be mailed to a voter if such voter has
681		-	permanent advance voting ballot status pursuant to subsection (h) or if
682		-	the election is conducted pursuant to the mail ballot election act,
683		-	K.S.A. 25-431 et seq., and amendments thereto.
684		-	(n) The secretary of state may adopt rules and regulations in order
685		-	to implement the provisions of this section and to define valid forms of
686		-	identification.
687		-	Sec. 4. K.S.A. 2022 Supp. 25-3009, as amended by section 48 of
688		-	2023 Senate Bill No. 221, is hereby amended to read as follows: 25-
689		-	3009. (a) After an election and prior to the meeting of the county board
690		-	of canvassers to certify the official election results for any election in
691		-	which the canvassers certify the results, the county election officer shall
692		-	conduct a manual audit or tally of each vote cast, regardless of the
693		-	method of voting, in 1% of all precincts, with a minimum of one
694		-	precinct located within the county. The precinct or precincts shall be
695		-	randomly selected and the selection shall take place after the election.
696		-	(b) (1) The audit shall be performed manually and shall review all
697		-	paper ballots selected pursuant to subsection (a). The audit shall be
698		-	performed by a sworn election board consisting of bipartisan trained
699		-	board members. The county election officer shall determine the
700		-	members of the sworn election board who will conduct the audit.
701		-	(2) The audit shall review contested races as follows:
702		-	(A) In presidential election years:
703		-	(i) One federal race;
704		-	(ii) one state legislative race;
705		-	(iii) one county race; and
706		-	(iv) one constitutional amendment question, if any.
707		-	(B) In even-numbered, non-presidential election years:
708		-	(i) One federal race;
709		-	(ii) one statewide race;
710		-	(iii) one state legislative race; SENATE BILL No. 106—page 13
711		-	(iv) one county race; and
712		-	(v) one constitutional amendment question, if any.
713		-	(C) In even-numbered election years, any federal, statewide or
714		-	state legislative race that is within 1% of the total number of votes cast
715		-	tallied on election night, as determined by the secretary of state, shall
716		-	be audited. The county election officer shall conduct the audit in the
717		-	manner set forth in subsection (a) in 10% of all county precincts in the
718		-	specified race, with a minimum of one precinct in the county. The
719		-	precincts audited pursuant to this subsection shall be in addition to the
720		-	precincts audited under subparagraphs (2)(A) and (B).
721		-	(D) In odd-numbered election years, two local races will be
722		-	randomly selected, and the selection shall take place after the election.
723		-	(E) Any presidential preference primary election held pursuant to
724		-	K.S.A. 25-4501a, and amendments thereto.
725		-	(c) At least five days prior to the audit, notice of the time and
726		-	location of the audit shall be provided to the public on the official
727		-	county website. The audit shall be conducted in a public setting. Any
728		-	candidate or entity who is authorized to appoint a poll agent may
729		-	appoint a poll agent for the audit.
730		-	(d) The results of the audit shall be compared to the unofficial
731		-	election night returns and a report shall be submitted to the county
732		-	election office and to the secretary of state's office prior to the meeting
733		-	of the county board of canvassers. If a discrepancy is reported between
734		-	the audit and the unofficial returns and cannot be resolved, the county
735		-	election officer or the secretary of state may require audits of additional
736		-	precincts. Once the audit has been completed, the results of the audit
737		-	shall be used by the county board of canvassers when certifying the
738		-	official election results.
739		-	(e) Upon publication of the notice of the audit pursuant to
740		-	subsection (c), the signed and certified official abstracts required by
741		-	K.S.A. 25-3006, and amendments thereto, shall be made available by
742		-	the county election office for review by any authorized poll agent. Such
743		-	abstracts shall be from all precincts and shall not be limited to those
744		-	precincts that are subject to the audit. The abstracts shall be available
745		-	for review until commencement of the original canvass.
746		-	(f) The secretary of state shall adopt rules and regulations
747		-	governing the conduct and procedure of the audit, including the random
748		-	selection of the precincts and offices involved in the audit.
749		-	Sec. 5. K.S.A. 2022 Supp. 65-4101 is hereby amended to read as
750		-	follows: 65-4101. As used in this act:
751		-	(a) "Administer" means the direct application of a controlled
752		-	substance, whether by injection, inhalation, ingestion or any other
753		-	means, to the body of a patient or research subject by:
754		-	(1) A practitioner or pursuant to the lawful direction of a
755		-	practitioner; or
756		-	(2) the patient or research subject at the direction and in the
757		-	presence of the practitioner.
758		-	(b) "Agent" means an authorized person who acts on behalf of or
759		-	at the direction of a manufacturer, distributor or dispenser. It "Agent"
760		-	does not include a common carrier, public warehouseman or employee
761		-	of the carrier or warehouseman.
762		-	(c) "Application service provider" means an entity that sells
763		-	electronic prescription or pharmacy prescription applications as a
764		-	hosted service where the entity controls access to the application and
765		-	maintains the software and records on its server.
766		-	(d) "Board" means the state board of pharmacy.
767		-	(e) "Bureau" means the bureau of narcotics and dangerous drugs,
768		-	United States department of justice, or its successor agency.
769		-	(f) "Controlled substance" means any drug, substance or SENATE BILL No. 106—page 14
770		-	immediate precursor included in any of the schedules designated in
771		-	K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and
772		-	amendments thereto.
773		-	(g) (1) "Controlled substance analog" means a substance that is
774		-	intended for human consumption, and at least one of the following:
775		-	(A) The chemical structure of the substance is substantially similar
776		-	to the chemical structure of a controlled substance listed in or added to
777		-	the schedules designated in K.S.A. 65-4105 or 65-4107, and
778		-	amendments thereto;
779		-	(B) the substance has a stimulant, depressant or hallucinogenic
780		-	effect on the central nervous system substantially similar to the
781		-	stimulant, depressant or hallucinogenic effect on the central nervous
782		-	system of a controlled substance included in the schedules designated
783		-	in K.S.A. 65-4105 or 65-4107, and amendments thereto; or
784		-	(C) with respect to a particular individual, such individual
785		-	represents or intends the substance to have a stimulant, depressant or
786		-	hallucinogenic effect on the central nervous system substantially
787		-	similar to the stimulant, depressant or hallucinogenic effect on the
788		-	central nervous system of a controlled substance included in the
789		-	schedules designated in K.S.A. 65-4105 or 65-4107, and amendments
790		-	thereto.
791		-	(2) "Controlled substance analog" does not include:
792		-	(A) A controlled substance;
793		-	(B) a substance for which there is an approved new drug
794		-	application; or
795		-	(C) a substance with respect to which an exemption is in effect for
796		-	investigational use by a particular person under section 505 of the
797		-	federal food, drug and cosmetic act, 21 U.S.C. § 355, to the extent
798		-	conduct with respect to the substance is permitted by the exemption.
799		-	(h) "Counterfeit substance" means a controlled substance that, or
800		-	the container or labeling of which, without authorization bears the
801		-	trademark, trade name or other identifying mark, imprint, number or
802		-	device or any likeness thereof of a manufacturer, distributor or
803		-	dispenser other than the person who in fact manufactured, distributed
804		-	or dispensed the substance.
805		-	(i) "Cultivate" means the planting or promotion of growth of five
806		-	or more plants that contain or can produce controlled substances.
807		-	(j) "DEA" means the U.S. department of justice, drug enforcement
808		-	administration.
809		-	(k) "Deliver" or "delivery" means the actual, constructive or
810		-	attempted transfer from one person to another of a controlled substance,
811		-	whether or not there is an agency relationship.
812		-	(l) "Dispense" means to deliver a controlled substance to an
813		-	ultimate user or research subject by or pursuant to the lawful order of a
814		-	practitioner, including the packaging, labeling or compounding
815		-	necessary to prepare the substance for that delivery, or pursuant to the
816		-	prescription of a mid-level practitioner.
817		-	(m) "Dispenser" means a practitioner or pharmacist who
818		-	dispenses, or a physician assistant who has authority to dispense
819		-	prescription-only drugs in accordance with K.S.A. 65-28a08(b), and
820		-	amendments thereto.
821		-	(n) "Distribute" means to deliver other than by administering or
822		-	dispensing a controlled substance.
823		-	(o) "Distributor" means a person who distributes.
824		-	(p) (1) "Drug" means substances:
825		-	(A) Substances Recognized as drugs in the official United States
826		-	pharmacopeia, official homeopathic pharmacopoeia of the United
827		-	States or official national formulary or any supplement to any of them;
828		-	(B) substances intended for use in the diagnosis, cure, mitigation, SENATE BILL No. 106—page 15
829		-	treatment or prevention of disease in human or animals;
830		-	(C) substances (other than food) intended to affect the structure or
831		-	any function of the body of human or animals; and
832		-	(D) substances intended for use as a component of any article
833		-	specified in subparagraph (A), (B) or (C).
834		-	(2) "Drug" does not include devices or their components, parts or
835		-	accessories.
836		-	(q) "Immediate precursor" means a substance that the board has
837		-	found to be and by rule and regulation designates as being the principal
838		-	compound commonly used or produced primarily for use and that is an
839		-	immediate chemical intermediary used or likely to be used in the
840		-	manufacture of a controlled substance, the control of which is
841		-	necessary to prevent, curtail or limit manufacture.
842		-	(r) "Electronic prescription" means an electronically prepared
843		-	prescription that is authorized and transmitted from the prescriber to the
844		-	pharmacy by means of electronic transmission.
845		-	(s) "Electronic prescription application" means software that is
846		-	used to create electronic prescriptions and that is intended to be
847		-	installed on the prescriber's computers and servers where access and
848		-	records are controlled by the prescriber.
849		-	(t) "Electronic signature" means a confidential personalized digital
850		-	key, code, number or other method for secure electronic data
851		-	transmissions that identifies a particular person as the source of the
852		-	message, authenticates the signatory of the message and indicates the
853		-	person's approval of the information contained in the transmission.
854		-	(u) "Electronic transmission" means the transmission of an
855		-	electronic prescription, formatted as an electronic data file, from a
856		-	prescriber's electronic prescription application to a pharmacy's
857		-	computer, where the data file is imported into the pharmacy
858		-	prescription application.
859		-	(v) "Electronically prepared prescription" means a prescription
860		-	that is generated using an electronic prescription application.
861		-	(w) "Facsimile transmission" or "fax transmission" means the
862		-	transmission of a digital image of a prescription from the prescriber or
863		-	the prescriber's agent to the pharmacy. "Facsimile transmission"
864		-	includes, but is not limited to, transmission of a written prescription
865		-	between the prescriber's fax machine and the pharmacy's fax machine;
866		-	transmission of an electronically prepared prescription from the
867		-	prescriber's electronic prescription application to the pharmacy's fax
868		-	machine, computer or printer; or transmission of an electronically
869		-	prepared prescription from the prescriber's fax machine to the
870		-	pharmacy's fax machine, computer or printer.
871		-	(x) "Intermediary" means any technology system that receives and
872		-	transmits an electronic prescription between the prescriber and the
873		-	pharmacy.
874		-	(y) "Isomer" means all enantiomers and diastereomers.
875		-	(z) "Manufacture" means the production, preparation, propagation,
876		-	compounding, conversion or processing of a controlled substance either
877		-	directly or indirectly or by extraction from substances of natural origin
878		-	or independently by means of chemical synthesis or by a combination
879		-	of extraction and chemical synthesis and includes any packaging or
880		-	repackaging of the substance or labeling or relabeling of its container,
881		-	except that this term does not include the preparation or compounding
882		-	of a controlled substance by an individual for the individual's own
883		-	lawful use or the preparation, compounding, packaging or labeling of a
884		-	controlled substance:
885		-	(1) By a practitioner or the practitioner's agent pursuant to a
886		-	lawful order of a practitioner as an incident to the practitioner's
887		-	administering or dispensing of a controlled substance in the course of SENATE BILL No. 106—page 16
888		-	the practitioner's professional practice; or
889		-	(2) by a practitioner or by the practitioner's authorized agent under
890		-	such practitioner's supervision for the purpose of or as an incident to
891		-	research, teaching or chemical analysis or by a pharmacist or medical
892		-	care facility as an incident to dispensing of a controlled substance.
893		-	(aa) "Marijuana" means all parts of all varieties of the plant
894		-	Cannabis whether growing or not, the seeds thereof, the resin extracted
895		-	from any part of the plant and every compound, manufacture, salt,
896		-	derivative, mixture or preparation of the plant, its seeds or resin. It does
897		-	not include:
898		-	(1) The mature stalks of the plant, fiber produced from the stalks,
899		-	oil or cake made from the seeds of the plant, any other compound,
900		-	manufacture, salt, derivative, mixture or preparation of the mature
901		-	stalks, except the resin extracted therefrom, fiber, oil or cake or the
902		-	sterilized seed of the plant that is incapable of germination;
903		-	(2) any substance listed in schedules II through V of the uniform
904		-	controlled substances act;
905		-	(3) drug products approved by the United States food and drug
906		-	administration as of the effective date of this act;
907		-	(4) cannabidiol (other trade name: 2-[(3-methyl-6-(1-
908		-	methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or
909		-	(5) industrial hemp as defined in K.S.A. 2-3901, and amendments
910		-	thereto, when cultivated, produced, possessed or used for activities
911		-	authorized by the commercial industrial hemp act.
912		-	(bb) "Medical care facility" shall have the meaning ascribed to
913		-	that term in K.S.A. 65-425, and amendments thereto.
914		-	(cc) "Mid-level practitioner" means a certified nurse-midwife
915		-	engaging in the independent practice of midwifery under the
916		-	independent practice of midwifery act, an advanced practice registered
917		-	nurse issued a license pursuant to K.S.A. 65-1131, and amendments
918		-	thereto, who has authority to prescribe drugs pursuant to a written
919		-	protocol with a responsible physician under K.S.A. 65-1130, and
920		-	amendments thereto, or a physician assistant licensed under the
921		-	physician assistant licensure act who has authority to prescribe drugs
922		-	pursuant to a written agreement with a supervising physician under
923		-	K.S.A. 65-28a08, and amendments thereto.
924		-	(dd) "Narcotic drug" means any of the following whether
925		-	produced directly or indirectly by extraction from substances of
926		-	vegetable origin or independently by means of chemical synthesis or by
927		-	a combination of extraction and chemical synthesis:
928		-	(1) Opium and opiate and any salt, compound, derivative or
929		-	preparation of opium or opiate;
930		-	(2) any salt, compound, isomer, derivative or preparation thereof
931		-	that is chemically equivalent or identical with any of the substances
932		-	referred to in paragraph (1) but not including the isoquinoline alkaloids
933		-	of opium;
934		-	(3) opium poppy and poppy straw;
935		-	(4) coca leaves and any salt, compound, derivative or preparation
936		-	of coca leaves, and any salt, compound, isomer, derivative or
937		-	preparation thereof that is chemically equivalent or identical with any
938		-	of these substances, but not including decocainized coca leaves or
939		-	extractions of coca leaves that do not contain cocaine or ecgonine.
940		-	(ee) "Opiate" means any substance having an addiction-forming or
941		-	addiction-sustaining liability similar to morphine or being capable of
942		-	conversion into a drug having addiction-forming or addiction-
943		-	sustaining liability. It does not include, unless specifically designated as
944		-	controlled under K.S.A. 65-4102, and amendments thereto, the
945		-	dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts
946		-	(dextromethorphan). It does include its racemic and levorotatory forms. SENATE BILL No. 106—page 17
947		-	(ff) "Opium poppy" means the plant of the species Papaver
948		-	somniferum l. except its seeds.
949		-	(gg) "Person" means an individual, corporation, government, or
950		-	governmental subdivision or agency, business trust, estate, trust,
951		-	partnership or association or any other legal entity.
952		-	(hh) "Pharmacist" means any natural person licensed under K.S.A.
953		-	65-1625 et seq., and amendments thereto, to practice pharmacy.
954		-	(ii) "Pharmacist intern" means: (1) A student currently enrolled in
955		-	an accredited pharmacy program; (2) a graduate of an accredited
956		-	pharmacy program serving such person's internship; or (3) a graduate
957		-	of a pharmacy program located outside of the United States that is not
958		-	accredited and who had successfully passed equivalency examinations
959		-	approved by the board.
960		-	(jj) "Pharmacy prescription application" means software that is
961		-	used to process prescription information, is installed on a pharmacy's
962		-	computers and servers, and is controlled by the pharmacy.
963		-	(kk) "Poppy straw" means all parts, except the seeds, of the opium
964		-	poppy, after mowing.
965		-	(ll) "Practitioner" means a person licensed to practice medicine
966		-	and surgery, dentist, podiatrist, veterinarian, optometrist, or scientific
967		-	investigator or other person authorized by law to use a controlled
968		-	substance in teaching or chemical analysis or to conduct research with
969		-	respect to a controlled substance.
970		-	(mm) "Prescriber" means a practitioner or a mid-level practitioner.
971		-	(nn) "Production" includes the manufacture, planting, cultivation,
972		-	growing or harvesting of a controlled substance.
973		-	(oo) "Readily retrievable" means that records kept by automatic
974		-	data processing applications or other electronic or mechanized
975		-	recordkeeping systems can be separated out from all other records
976		-	within a reasonable time not to exceed 48 hours of a request from the
977		-	board or other authorized agent or that hard-copy records are kept on
978		-	which certain items are asterisked, redlined or in some other manner
979		-	visually identifiable apart from other items appearing on the records.
980		-	(pp) "Ultimate user" means a person who lawfully possesses a
981		-	controlled substance for such person's own use or for the use of a
982		-	member of such person's household or for administering to an animal
983		-	owned by such person or by a member of such person's household.
984		-	Sec. 6. K.S.A. 75-7240, as amended by section 15 of 2023 House
985		-	Bill No. 2019, is hereby amended to read as follows: 75-7240. (a) The
986		-	executive branch agency heads shall:
987		-	(1) Be solely responsible for security of all data and information
988		-	technology resources under such agency's purview, irrespective of the
989		-	location of the data or resources. Locations of data may include:
990		-	(A) Agency sites;
991		-	(B) agency real property;
992		-	(C) infrastructure in state data centers;
993		-	(D) third-party locations; and
994		-	(E) in transit between locations;
995		-	(2) ensure that an agency-wide information security program is in
996		-	place;
997		-	(3) designate an information security officer to administer the
998		-	agency's information security program that reports directly to executive
999		-	leadership;
1000		-	(4) participate in CISO-sponsored statewide cybersecurity
1001		-	program initiatives and services;
1002		-	(5) implement policies and standards to ensure that all the
1003		-	agency's data and information technology resources are maintained in
1004		-	compliance with applicable state and federal laws and rules and
1005		-	regulations; SENATE BILL No. 106—page 18
1006		-	(6) implement appropriate cost-effective safeguards to reduce,
1007		-	eliminate or recover from identified threats to data and information
1008		-	technology resources;
1009		-	(7) include all appropriate cybersecurity requirements in the
1010		-	agency's request for proposal specifications for procuring data and
1011		-	information technology systems and services;
1012		-	(8) (A) submit a cybersecurity self-assessment report to the CISO
1013		-	by October 16 of each even-numbered year, including an executive
1014		-	summary of the findings, that assesses the extent to which the agency is
1015		-	vulnerable to unauthorized access or harm, including the extent to
1016		-	which the agency's or contractor's electronically stored information is
1017		-	vulnerable to alteration, damage, erasure or inappropriate use;
1018		-	(B) ensure that the agency conducts annual internal assessments of
1019		-	its security program. Internal assessment results shall be considered
1020		-	confidential and shall not be subject to discovery by or release to any
1021		-	person or agency, outside of the KISO or CISO, without authorization
1022		-	from the executive branch agency director or head. This provision
1023		-	regarding confidentiality shall expire on July 1, 2023, unless the
1024		-	legislature reviews and reenacts such provision pursuant to K.S.A. 45-
1025		-	229, and amendments thereto, prior to July 1, 2023; and
1026		-	(C) prepare or have prepared a financial summary identifying
1027		-	cybersecurity expenditures addressing the findings of the cybersecurity
1028		-	self-assessment report required in subparagraph (A), excluding
1029		-	information that might put the data or information resources of the
1030		-	agency or its contractors at risk and submit such report to the house of
1031		-	representatives committee on appropriations and the senate committee
1032		-	on ways and means; and
1033		-	(9) ensure that if an agency owns, licenses or maintains
1034		-	computerized data that includes personal information, confidential
1035		-	information or information, the disclosure of which is regulated by law,
1036		-	such agency shall, in the event of a breach or suspected breach of
1037		-	system security or an unauthorized exposure of that information:
1038		-	(A) Comply with the notification requirements set out in K.S.A.
1039		-	2022 Supp. 50-7a01 et seq., and amendments thereto, and applicable
1040		-	federal laws and rules and regulations, to the same extent as a person
1041		-	who conducts business in this state; and
1042		-	(B) not later than 48 hours after the discovery of the breach,
1043		-	suspected breach or unauthorized exposure, notify: (i) The CISO; and
1044		-	(ii) if the breach, suspected breach or unauthorized exposure involves
1045		-	election data, the secretary of state.
1046		-	(b) The director or head of each state agency shall:
1047		-	(1) Participate in annual agency leadership training to ensure
1048		-	understanding of:
1049		-	(A) The potential impact of common types of cyberattacks and
1050		-	data breaches on the agency's operations and assets;
1051		-	(B) how cyberattacks and data breaches on the agency's operations
1052		-	and assets may impact the operations and assets of other governmental
1053		-	entities on the state enterprise network;
1054		-	(C) how cyberattacks and data breaches occur; and
1055		-	(D) steps to be undertaken by the executive director or agency
1056		-	head and agency employees to protect their information and
1057		-	information systems;
1058		-	(2) ensure that all information technology login credentials are
1059		-	disabled the same day that any employee ends their employment with
1060		-	the state; and
1061		-	(3) require that all employees with access to information
1062		-	technology receive a minimum of one hour of information technology
1063		-	security training per year.
1064		-	(c) (1) The CISO, with input from the joint committee on SENATE BILL No. 106—page 19
1065		-	information technology and the joint committee on Kansas security,
1066		-	shall develop a self-assessment report template for use under
1067		-	subsection (a)(8)(A). The most recent version of such template shall be
1068		-	made available to state agencies prior to July 1 of each even-numbered
1069		-	year. The CISO shall aggregate data from the self-assessments received
1070		-	under subsection (a)(8)(A) and provide a summary of such data to the
1071		-	joint committee on information technology and the joint committee on
1072		-	Kansas security.
1073		-	(2) Self-assessment reports made to the CISO pursuant to
1074		-	subsection (a)(8)(A) shall be confidential and shall not be subject to the
1075		-	provisions of the Kansas open records act, K.S.A. 45-215 et seq., and
1076		-	amendments thereto. The provisions of this paragraph shall expire on
1077		-	July 1, 2028, unless the legislature reviews and reenacts this provision
1078		-	pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1,
1079		-	2028.
1080		-	Sec. 7. K.S.A. 75-7242, as amended by section 16 of 2023 House
1081		-	Bill No. 2019, is hereby amended to read as follows: 75-7242.
1082		-	Information collected to effectuate this act shall be considered
1083		-	confidential by all state and local governmental organizations unless all
1084		-	data elements or information that specifically identifies a target,
1085		-	vulnerability or weakness that would place the organization at risk have
1086		-	been redacted, including: (a) System information logs; (b) vulnerability
1087		-	reports; (c) risk assessment reports; (d) system security plans; (e)
1088		-	detailed system design plans; (f) network or system diagrams; and (g)
1089		-	audit reports. The provisions of this section shall expire on July 1,
1090		-	2023, unless the legislature reviews and reenacts this provision
1091		-	pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1,
1092		-	2023.
1093		-	Sec. 8. K.S.A. 2022 Supp. 79-3234, as amended by section 72 of
1094		-	2023 Senate Bill No. 244, is hereby amended to read as follows: 79-
1095		-	3234. (a) All reports and returns required by this act shall be preserved
1096		-	for three years and thereafter until the director orders them to be
1097		-	destroyed.
1098		-	(b) Except in accordance with proper judicial order, or as provided
1099		-	in subsection (c) or K.S.A. 46-1106(e), 46-1114 or 79-32,153a, and
1100		-	amendments thereto, it shall be unlawful for the secretary, the director,
1101		-	any deputy, agent, clerk or other officer, employee or former employee
1102		-	of the department of revenue or any other state officer or employee or
1103		-	former state officer or employee to divulge, or to make known in any
1104		-	way, the amount of income or any particulars set forth or disclosed in
1105		-	any report, return, federal return or federal return information required
1106		-	under this act; and it shall be unlawful for the secretary, the director,
1107		-	any deputy, agent, clerk or other officer or employee engaged in the
1108		-	administration of this act to engage in the business or profession of tax
1109		-	accounting or to accept employment, with or without consideration,
1110		-	from any person, firm or corporation for the purpose, directly or
1111		-	indirectly, of preparing tax returns or reports required by the laws of the
1112		-	state of Kansas, by any other state or by the United States government,
1113		-	or to accept any employment for the purpose of advising, preparing
1114		-	material or data, or the auditing of books or records to be used in an
1115		-	effort to defeat or cancel any tax or part thereof that has been assessed
1116		-	by the state of Kansas, any other state or by the United States
1117		-	government.
1118		-	(c) The secretary or the secretary's designee may:
1119		-	(1) Publish statistics, so classified as to prevent the identification
1120		-	of particular reports or returns and the items thereof;
1121		-	(2) allow the inspection of returns by the attorney general or other
1122		-	legal representatives of the state;
1123		-	(3) provide the post auditor access to all income tax reports or SENATE BILL No. 106—page 20
1124		-	returns in accordance with and subject to the provisions of K.S.A. 46-
1125		-	1106(e) or 46-1114, and amendments thereto;
1126		-	(4) disclose taxpayer information from income tax returns to
1127		-	persons or entities contracting with the secretary of revenue where the
1128		-	secretary has determined disclosure of such information is essential for
1129		-	completion of the contract and has taken appropriate steps to preserve
1130		-	confidentiality;
1131		-	(5) disclose to the secretary of commerce the following: (A)
1132		-	Specific taxpayer information related to financial information
1133		-	previously submitted by the taxpayer to the secretary of commerce
1134		-	concerning or relevant to any income tax credits, for purposes of
1135		-	verification of such information or evaluating the effectiveness of any
1136		-	tax credit or economic incentive program administered by the secretary
1137		-	of commerce; (B) the amount of payroll withholding taxes an employer
1138		-	is retaining pursuant to K.S.A. 74-50,212, and amendments thereto; (C)
1139		-	information received from businesses completing the form required by
1140		-	K.S.A. 74-50,217, and amendments thereto; and (D) findings related to
1141		-	a compliance audit conducted by the department of revenue upon the
1142		-	request of the secretary of commerce pursuant to K.S.A. 74-50,215,
1143		-	and amendments thereto;
1144		-	(6) disclose income tax returns to the state gaming agency to be
1145		-	used solely for the purpose of determining qualifications of licensees of
1146		-	and applicants for licensure in tribal gaming. Any information received
1147		-	by the state gaming agency shall be confidential and shall not be
1148		-	disclosed except to the executive director, employees of the state
1149		-	gaming agency and members and employees of the tribal gaming
1150		-	commission;
1151		-	(7) disclose the taxpayer's name, last known address and residency
1152		-	status to the Kansas department of wildlife, and parks and tourism to be
1153		-	used solely in its license fraud investigations;
1154		-	(8) disclose the name, residence address, employer or Kansas
1155		-	adjusted gross income of a taxpayer who may have a duty of support in
1156		-	a title IV-D case to the secretary of the Kansas department for children
1157		-	and families for use solely in administrative or judicial proceedings to
1158		-	establish, modify or enforce such support obligation in a title IV-D
1159		-	case. In addition to any other limits on use, such use shall be allowed
1160		-	only where subject to a protective order which prohibits disclosure
1161		-	outside of the title IV-D proceeding. As used in this section, "title IV-D
1162		-	case" means a case being administered pursuant to part D of title IV of
1163		-	the federal social security act, 42 U.S.C. § 651 et seq., and amendments
1164		-	thereto. Any person receiving any information under the provisions of
1165		-	this subsection shall be subject to the confidentiality provisions of
1166		-	subsection (b) and to the penalty provisions of subsection (e);
1167		-	(9) permit the commissioner of internal revenue of the United
1168		-	States, or the proper official of any state imposing an income tax, or the
1169		-	authorized representative of either, to inspect the income tax returns
1170		-	made under this act and the secretary of revenue may make available or
1171		-	furnish to the taxing officials of any other state or the commissioner of
1172		-	internal revenue of the United States or other taxing officials of the
1173		-	federal government, or their authorized representatives, information
1174		-	contained in income tax reports or returns or any audit thereof or the
1175		-	report of any investigation made with respect thereto, filed pursuant to
1176		-	the income tax laws, as the secretary may consider proper, but such
1177		-	information shall not be used for any other purpose than that of the
1178		-	administration of tax laws of such state, the state of Kansas or of the
1179		-	United States;
1180		-	(10) communicate to the executive director of the Kansas lottery
1181		-	information as to whether a person, partnership or corporation is
1182		-	current in the filing of all applicable tax returns and in the payment of SENATE BILL No. 106—page 21
1183		-	all taxes, interest and penalties to the state of Kansas, excluding items
1184		-	under formal appeal, for the purpose of determining whether such
1185		-	person, partnership or corporation is eligible to be selected as a lottery
1186		-	retailer;
1187		-	(11) communicate to the executive director of the Kansas racing
1188		-	commission as to whether a person, partnership or corporation has
1189		-	failed to meet any tax obligation to the state of Kansas for the purpose
1190		-	of determining whether such person, partnership or corporation is
1191		-	eligible for a facility owner license or facility manager license pursuant
1192		-	to the Kansas parimutuel racing act;
1193		-	(12) provide such information to the executive director of the
1194		-	Kansas public employees retirement system for the purpose of
1195		-	determining that certain individuals' reported compensation is in
1196		-	compliance with the Kansas public employees retirement act, K.S.A.
1197		-	74-4901 et seq., and amendments thereto;
1198		-	(13) (A) provide taxpayer information of persons suspected of
1199		-	violating K.S.A. 44-766, and amendments thereto, to the secretary of
1200		-	labor or such secretary's designee for the purpose of determining
1201		-	compliance by any person with the provisions of K.S.A. 44-703(i)(3)
1202		-	(D) and 44-766, and amendments thereto. The information to be
1203		-	provided shall include all relevant information in the possession of the
1204		-	department of revenue necessary for the secretary of labor to make a
1205		-	proper determination of compliance with the provisions of K.S.A. 44-
1206		-	703(i)(3)(D) and 44-766, and amendments thereto, and to calculate any
1207		-	unemployment contribution taxes due. Such information to be provided
1208		-	by the department of revenue shall include, but not be limited to,
1209		-	withholding tax and payroll information, the identity of any person that
1210		-	has been or is currently being audited or investigated in connection
1211		-	with the administration and enforcement of the withholding and
1212		-	declaration of estimated tax act, K.S.A. 79-3294 et seq., and
1213		-	amendments thereto, and the results or status of such audit or
1214		-	investigation;
1215		-	(B) any person receiving tax information under the provisions of
1216		-	this paragraph shall be subject to the same duty of confidentiality
1217		-	imposed by law upon the personnel of the department of revenue and
1218		-	shall be subject to any civil or criminal penalties imposed by law for
1219		-	violations of such duty of confidentiality; and
1220		-	(C) each of the secretary of labor and the secretary of revenue may
1221		-	adopt rules and regulations necessary to effect the provisions of this
1222		-	paragraph;
1223		-	(14) provide such information to the state treasurer for the sole
1224		-	purpose of carrying out the provisions of K.S.A. 58-3934, and
1225		-	amendments thereto. Such information shall be limited to current and
1226		-	prior addresses of taxpayers or associated persons who may have
1227		-	knowledge as to the location of an owner of unclaimed property. For
1228		-	the purposes of this paragraph, "associated persons" includes spouses
1229		-	or dependents listed on income tax returns;
1230		-	(15) after receipt of information pursuant to subsection (f),
1231		-	forward such information and provide the following reported Kansas
1232		-	individual income tax information for each listed defendant, if
1233		-	available, to the state board of indigents' defense services in an
1234		-	electronic format and in the manner determined by the secretary: (A)
1235		-	The defendant's name; (B) social security number; (C) Kansas adjusted
1236		-	gross income; (D) number of exemptions claimed; and (E) the relevant
1237		-	tax year of such records. Any social security number provided to the
1238		-	secretary and the state board of indigents' defense services pursuant to
1239		-	this section shall remain confidential; and
1240		-	(16) disclose taxpayer information that is received from income
1241		-	tax returns to the department of commerce that may be disclosed SENATE BILL No. 106—page 22
1242		-	pursuant to the provisions of K.S.A. 2022 Supp. 74-50,227, and
1243		-	amendments thereto, for the purpose of including such information in
1244		-	the database required by K.S.A. 2022 Supp. 74-50,227, and
1245		-	amendments thereto.
1246		-	(d) Any person receiving information under the provisions of
1247		-	subsection (c) shall be subject to the confidentiality provisions of
1248		-	subsection (b) and to the penalty provisions of subsection (e).
1249		-	(e) Any violation of subsection (b) or (c) is a class A nonperson
1250		-	misdemeanor and, if the offender is an officer or employee of the state,
1251		-	such officer or employee shall be dismissed from office.
1252		-	(f) For the purpose of determining whether a defendant is
1253		-	financially able to employ legal counsel under the provisions of K.S.A.
1254		-	22-4504, and amendments thereto, in all felony cases with appointed
1255		-	counsel where the defendant's social security number is accessible from
1256		-	the records of the district court, the court shall electronically provide
1257		-	the defendant's name, social security number, district court case number
1258		-	and county to the secretary of revenue in the manner and format agreed
1259		-	to by the office of judicial administration and the secretary.
1260		-	(g) Nothing in this section shall be construed to allow disclosure
1261		-	of the amount of income or any particulars set forth or disclosed in any
1262		-	report, return, federal return or federal return information, where such
1263		-	disclosure is prohibited by the federal internal revenue code as in effect
1264		-	on September 1, 1996, and amendments thereto, related federal internal
1265		-	revenue rules or regulations, or other federal law.
1266		-	Sec. 9. K.S.A. 8-1103, as amended by section 4 of 2023 House
1267		-	Bill No. 2147, 25-1122, as amended by section 1 of 2023 House Bill
1268		-	No. 2053, 25-1122, as amended by section 28 of 2023 Senate Bill No.
1269		-	221, 32-837, as amended by section 35 of 2023 House Bill No. 2332,
1270		-	32-906, as amended by section 52 of 2023 House Bill No. 2332, 75-
1271		-	1253, as amended by section 127 of 2023 House Bill No. 2332, 75-
1272		-	7240, as amended by section 15 of 2023 House Bill No. 2019, 75-7240,
1273		-	as amended by section 8 of 2023 House Bill No. 2395, 75-7242, as
1274		-	amended by section 16 of 2023 House Bill No. 2019, and 75-7242, as
1275		-	amended by section 9 of 2023 House Bill No. 2395, and K.S.A. 2022
1276		-	Supp. 21-6614, 21-6614i, 25-3009, as amended by section 48 of 2023
1277		-	Senate Bill No. 221, 25-3009, as amended by section 3 of 2023 House
1278		-	Bill No. 2053, 65-4101, 65-4101d, 79-3234, as amended by section 72
1279		-	of 2023 Senate Bill No. 244, and 79-3234, as amended by section 141
1280		-	of 2023 House Bill No. 2332, are hereby repealed.
1281		-	Sec. 10. On and after January 1, 2024, K.S.A. 8-1103, as amended
1282		-	by section 1 of 2023 House Bill No. 2042, is hereby repealed. SENATE BILL No. 106—page 23
1283		-	Sec. 11. This act shall take effect and be in force from and after its
	24	+	(c) As used in this section:
	25	+	(1) "Airbag" means a motor vehicle inflatable occupant restraint
	26	+	system device that is part of a supplemental restraint system.
	27	+	(2) "Counterfeit supplemental restraint system component" means a
	28	+	replacement supplemental restraint system component that displays a mark
	29	+	identical or substantially similar to the genuine mark of a motor vehicle
	30	+	manufacturer or a supplier of parts to the manufacturer of a motor vehicle
	31	+	without authorization from that manufacturer or supplier.
	32	+	(3) "Nonfunctional airbag" means a replacement airbag that:
	33	+	(A) Was previously deployed or damaged;
	34	+	(B) has an electric fault that is detected by the motor vehicle's
	35	+	diagnostic systems when the installation procedure is completed and the
	36	+	motor vehicle is returned to the customer who requested the work to be
	37	+	performed or when ownership is intended to be transferred;
	38	+	(C) includes a part or object, including a supplemental restraint
	39	+	system component, installed in a motor vehicle to mislead the owner or
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	76	+	operator of the motor vehicle into believing that a functional airbag has
	77	+	been installed; or
	78	+	(D) is prohibited from being sold or leased in accordance with 49
	79	+	U.S.C. § 30120(j).
	80	+	(4) "Supplemental restraint system" means a passive inflatable motor
	81	+	vehicle occupant crash protection system designed for use in conjunction
	82	+	with active restraint systems as described in 49 C.F.R. § 571.208. A
	83	+	supplemental restraint system includes:
	84	+	(A) Each airbag installed in accordance with the motor vehicle
	85	+	manufacturer's design; and
	86	+	(B) all components required to ensure that an airbag operates as
	87	+	designed in the event of a crash and in accordance with the federal motor
	88	+	vehicle safety standards for the specific make, model and year of the motor
	89	+	vehicle.
	90	+	(d) This section shall be a part of and supplemental to the uniform act
	91	+	regulating traffic on highways.
	92	+	Sec. 2. This act shall take effect and be in force from and after its
1284	93		publication in the statute book.
1285		-	I hereby certify that the above BILL originated in the
1286		-	SENATE, and passed that body
1287		-	__________________________
1288		-	SENATE adopted
1289		-	Conference Committee Report ________________
1290		-	_________________________
1291		-	President of the Senate.
1292		-	_________________________
1293		-	Secretary of the Senate.
1294		-
1295		-	Passed the HOUSE
1296		-	as amended _________________________
1297		-	HOUSE adopted
1298		-	Conference Committee Report ________________
1299		-	_________________________
1300		-	Speaker of the House.
1301		-	_________________________
1302		-	Chief Clerk of the House.
1303		-	APPROVED _____________________________
1304		-	_________________________
1305		-	Governor.
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