Kansas Senate Bill SB106 Latest Draft

                            SENATE BILL No. 106
AN ACT reconciling multiple amendments to certain statutes; amending K.S.A. 8-1103, as 
amended by section 1 of 2023 House Bill No. 2042, 25-1122, as amended by section 1 
of 2023 House Bill No. 2053, 75-7240, as amended by section 15 of 2023 House Bill 
No. 2019, and 75-7242, as amended by section 16 of 2023 House Bill No. 2019, and 
K.S.A. 2022 Supp. 21-6614, 25-3009, as amended by section 48 of 2023 Senate Bill No. 
221, 65-4101 and 79-3234, as amended by section 72 of 2023 Senate Bill No. 244, and 
repealing the existing sections; also repealing K.S.A. 8-1103, as amended by section 4 of 
2023 House Bill No. 2147, 25-1122, as amended by section 28 of 2023 Senate Bill No. 
221, 32-837, as amended by section 35 of 2023 House Bill No. 2332, 32-906, as 
amended by section 52 of 2023 House Bill No. 2332, 75-1253, as amended by section 
127 of 2023 House Bill No. 2332, 75-7240, as amended by section 8 of 2023 House Bill 
No. 2395, 75-7242, as amended by section 9 of 2023 House Bill No. 2395, and K.S.A. 
2022 Supp. 21-6614i, 25-3009, as amended by section 3 of 2023 House Bill No. 2053, 
65-4101d and 79-3234, as amended by section 141 of 2023 House Bill No. 2332.
Be it enacted by the Legislature of the State of Kansas:
Section 1. On and after January 1, 2024, K.S.A. 8-1103, as amended 
by section 1 of 2023 House Bill No. 2042, is hereby amended to read as 
follows: 8-1103. (a) (1) Whenever any person providing wrecker or 
towing service, as defined by K.S.A. 66-1329, and amendments thereto, 
while lawfully in possession of a vehicle, at the direction of a law 
enforcement officer, the owner or, if a city ordinance or county resolution 
authorizes the towing of vehicles by a wrecker or towing service, a self-
service storage facility operator as provided by K.S.A. 58-817, and 
amendments thereto, or as otherwise provided by a city ordinance or 
county resolution, renders any service to the owner thereof by the 
recovery, transportation, protection, storage or safekeeping thereof, a first 
and prior lien on the vehicle is hereby created in favor of such person 
rendering such service and the lien shall amount to the full amount and 
value of the service rendered. The lien may be foreclosed in the manner 
provided in this act.
(2) If the name of the owner of the vehicle is known to the person in 
possession of such vehicle, then within 15 days, notice shall be given to 
the owner that the vehicle is being held subject to satisfaction of the lien. 
Any vehicle remaining in the possession of a person providing wrecker or 
towing service for a period of 30 days after such wrecker or towing 
service was provided may be sold to pay the reasonable or agreed charges 
for such recovery, transportation, protection, storage or safekeeping of 
such vehicle and personal property therein, the costs of such sale, the 
costs of notice to the owner of the vehicle and publication after giving the 
notices required by this act, unless a court order has been issued to hold 
such vehicle for the purpose of a criminal investigation or for use as 
evidence at a trial.
(3) If a court orders any vehicle to be held for the purpose of a 
criminal investigation or for use as evidence at a trial, then such order 
shall be in writing, and the court shall assess as costs the reasonable or 
agreed charges for the protection, storage or safekeeping accrued while 
the vehicle was held pursuant to such written order.
(4) Any personal property within the vehicle need not be released to 
the owner thereof until the reasonable or agreed charges for such 
recovery, transportation or safekeeping have been paid, or satisfactory 
arrangements for payment have been made, except as provided under 
subsection (c) or for personal medical supplies which shall be released to 
the owner thereof upon request. The person in possession of such vehicle 
and personal property shall be responsible only for the reasonable care of 
such property. Any personal property within the vehicle not returned to 
the owner shall be sold at the auction authorized by this act.
(5) A person providing wrecker or towing service shall provide a 
certification of compliance to a purchaser pursuant to section 1 of 2023 
House Bill No. 2147, and amendments thereto, upon the sale and transfer 
of a vehicle authorized by this section. SENATE BILL No. 106—page 2
(b) At the time of providing wrecker or towing service, any person 
providing such wrecker or towing service shall give written notice to 
the driver, if available, of the vehicle being towed that a fee will be 
charged for storage of such vehicle. Failure to give such written notice 
shall invalidate any lien established for such storage fee.
(c) A city ordinance or county resolution authorizing the towing of 
vehicles from private property shall specify in such ordinance or 
resolution:
(1) The maximum rate such wrecker or towing service may charge 
for such wrecker or towing service and storage fees;
(2) that an owner of a vehicle towed shall have access to personal 
property in such vehicle for 48 hours after such vehicle has been towed 
and such personal property shall be released to the owner; and
(3) that the wrecker or towing service shall report the location of 
such vehicle to local law enforcement within two hours of such tow.
(d) A person providing towing services shall not tow a vehicle to a 
location outside of Kansas without the consent of either:
(1) The driver or owner of the motor vehicle;
(2) a motor club of which the driver or owner of the motor vehicle 
is a member; or
(3) the insurance company processing a claim with respect to the 
vehicle or an agent of such insurance company.
Sec. 2. K.S.A. 2022 Supp. 21-6614 is hereby amended to read as 
follows: 21-6614. (a) (1) Except as provided in subsections (b), (c), (d), 
(e) and (f), any person convicted in this state of a traffic infraction, 
cigarette or tobacco infraction, misdemeanor or a class D or E felony, 
or for crimes committed on or after July 1, 1993, any nongrid felony or 
felony ranked in severity levels 6 through 10 of the nondrug grid, or for 
crimes committed on or after July 1, 1993, but prior to July 1, 2012, 
any felony ranked in severity level 4 of the drug grid, or for crimes 
committed on or after July 1, 2012, any felony ranked in severity level 
5 of the drug grid may petition the convicting court for the 
expungement of such conviction or related arrest records if three or 
more years have elapsed since the person: (A) Satisfied the sentence 
imposed; or (B) was discharged from probation, a community 
correctional services program, parole, postrelease supervision, 
conditional release or a suspended sentence.
(2) Except as provided in subsections (b), (c), (d), (e) and (f), any 
person who has fulfilled the terms of a diversion agreement may 
petition the district court for the expungement of such diversion 
agreement and related arrest records if three or more years have elapsed 
since the terms of the diversion agreement were fulfilled.
(3) Notwithstanding the provisions of subsection (a)(1), and 
except as provided in subsections (b), (c), (d), (e) and (f), any person 
who has completed the requirements of a specialty court program 
established pursuant to K.S.A. 2022 Supp. 20-173, and amendments 
thereto, may petition the district court for the expungement of the 
conviction and related arrest records. The court may waive all or part 
of the docket fee imposed for filing a petition pursuant to this 
subsection.
(b) Any person convicted of prostitution, as defined in K.S.A. 21-
3512, prior to its repeal, convicted of a violation of K.S.A. 2022 Supp. 
21-6419, and amendments thereto, or who entered into a diversion 
agreement in lieu of further criminal proceedings for such violation, 
may petition the convicting court for the expungement of such 
conviction or diversion agreement and related arrest records if:
(1) One or more years have elapsed since the person satisfied the 
sentence imposed or the terms of a diversion agreement or was 
discharged from probation, a community correctional services program,  SENATE BILL No. 106—page 3
parole, postrelease supervision, conditional release or a suspended 
sentence; and
(2) such person can prove they were acting under coercion caused 
by the act of another. For purposes of this subsection, "coercion" 
means: Threats of harm or physical restraint against any person; a 
scheme, plan or pattern intended to cause a person to believe that 
failure to perform an act would result in bodily harm or physical 
restraint against any person; or the abuse or threatened abuse of the 
legal process.
(c) Except as provided in subsections (e) and (f), no person may 
petition for expungement until five or more years have elapsed since 
the person satisfied the sentence imposed or the terms of a diversion 
agreement or was discharged from probation, a community correctional 
services program, parole, postrelease supervision, conditional release or 
a suspended sentence, if such person was convicted of a class A, B or C 
felony, or for crimes committed on or after July 1, 1993, if convicted of 
an off-grid felony or any felony ranked in severity levels 1 through 5 of 
the nondrug grid, or for crimes committed on or after July 1, 1993, but 
prior to July 1, 2012, any felony ranked in severity levels 1 through 3 
of the drug grid, or for crimes committed on or after July 1, 2012, any 
felony ranked in severity levels 1 through 4 of the drug grid, or:
(1) Vehicular homicide, as defined in K.S.A. 21-3405, prior to its 
repeal, or K.S.A. 2022 Supp. 21-5406, and amendments thereto, or as 
prohibited by any law of another state that is in substantial conformity 
with that statute;
(2) driving while the privilege to operate a motor vehicle on the 
public highways of this state has been canceled, suspended or revoked, 
as prohibited by K.S.A. 8-262, and amendments thereto, or as 
prohibited by any law of another state that is in substantial conformity 
with that statute;
(3) perjury resulting from a violation of K.S.A. 8-261a, and 
amendments thereto, or resulting from the violation of a law of another 
state that is in substantial conformity with that statute;
(4) violating the provisions of K.S.A. 8-142 Fifth, and 
amendments thereto, relating to fraudulent applications or violating the 
provisions of a law of another state that is in substantial conformity 
with that statute;
(5) any crime punishable as a felony wherein a motor vehicle was 
used in the perpetration of such crime;
(6) failing to stop at the scene of an accident and perform the 
duties required by K.S.A. 8-1603, prior to its repeal, or K.S.A. 8-1602 
or 8-1604, and amendments thereto, or required by a law of another 
state that is in substantial conformity with those statutes;
(7) violating the provisions of K.S.A. 40-3104, and amendments 
thereto, relating to motor vehicle liability insurance coverage; or
(8) a violation of K.S.A. 21-3405b, prior to its repeal.
(d) (1) No person may petition for expungement until five or more 
years have elapsed since the person satisfied the sentence imposed or 
the terms of a diversion agreement or was discharged from probation, a 
community correctional services program, parole, postrelease 
supervision, conditional release or a suspended sentence, if such person 
was convicted of a first violation of K.S.A. 8-1567, and amendments 
thereto, including any diversion for such violation.
(2) No person may petition for expungement until 10 or more 
years have elapsed since the person satisfied the sentence imposed or 
was discharged from probation, a community correctional services 
program, parole, postrelease supervision, conditional release or a 
suspended sentence, if such person was convicted of a second or 
subsequent violation of K.S.A. 8-1567, and amendments thereto. SENATE BILL No. 106—page 4
(3) Except as provided further, the provisions of this subsection 
shall apply to all violations committed on or after July 1, 2006. The 
provisions of subsection (d)(2) shall not apply to violations committed 
on or after July 1, 2014, but prior to July 1, 2015.
(e) There shall be no expungement of convictions for the 
following offenses or of convictions for an attempt to commit any of 
the following offenses:
(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or 
K.S.A. 2022 Supp. 21-5503, and amendments thereto;
(2) indecent liberties with a child or aggravated indecent liberties 
with a child, as defined in K.S.A. 21-3503 or 21-3504, prior to their 
repeal, or K.S.A. 2022 Supp. 21-5506, and amendments thereto;
(3) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) or (a)(3), 
prior to its repeal, or K.S.A. 2022 Supp. 21-5504(a)(3) or (a)(4), and 
amendments thereto;
(4) aggravated criminal sodomy, as defined in K.S.A. 21-3506, 
prior to its repeal, or K.S.A. 2022 Supp. 21-5504, and amendments 
thereto;
(5) indecent solicitation of a child or aggravated indecent 
solicitation of a child, as defined in K.S.A. 21-3510 or 21-3511, prior to 
their repeal, or K.S.A. 2022 Supp. 21-5508, and amendments thereto;
(6) sexual exploitation of a child, as defined in K.S.A. 21-3516, 
prior to its repeal, or K.S.A. 2022 Supp. 21-5510, and amendments 
thereto;
(7) internet trading in child pornography or aggravated internet 
trading in child pornography, as defined in K.S.A. 2022 Supp. 21-5514, 
and amendments thereto;
(8) aggravated incest, as defined in K.S.A. 21-3603, prior to its 
repeal, or K.S.A. 2022 Supp. 21-5604, and amendments thereto;
(9) endangering a child or aggravated endangering a child, as 
defined in K.S.A. 21-3608 or 21-3608a, prior to their repeal, or K.S.A. 
2022 Supp. 21-5601, and amendments thereto;
(10) abuse of a child, as defined in K.S.A. 21-3609, prior to its 
repeal, or K.S.A. 2022 Supp. 21-5602, and amendments thereto;
(11) capital murder, as defined in K.S.A. 21-3439, prior to its 
repeal, or K.S.A. 2022 Supp. 21-5401, and amendments thereto;
(12) murder in the first degree, as defined in K.S.A. 21-3401, prior 
to its repeal, or K.S.A. 2022 Supp. 21-5402, and amendments thereto;
(13) murder in the second degree, as defined in K.S.A. 21-3402, 
prior to its repeal, or K.S.A. 2022 Supp. 21-5403, and amendments 
thereto;
(14) voluntary manslaughter, as defined in K.S.A. 21-3403, prior 
to its repeal, or K.S.A. 2022 Supp. 21-5404, and amendments thereto;
(15) involuntary manslaughter, as defined in K.S.A. 21-3404, 
prior to its repeal, or K.S.A. 2022 Supp. 21-5405, and amendments 
thereto;
(16) sexual battery, as defined in K.S.A. 21-3517, prior to its 
repeal, or K.S.A. 2022 Supp. 21-5505, and amendments thereto, when 
the victim was less than 18 years of age at the time the crime was 
committed;
(17) aggravated sexual battery, as defined in K.S.A. 21-3518, prior 
to its repeal, or K.S.A. 2022 Supp. 21-5505, and amendments thereto;
(18) a violation of K.S.A. 8-2,144, and amendments thereto, 
including any diversion for such violation; or
(19) any conviction for any offense in effect at any time prior to 
July 1, 2011, that is comparable to any offense as provided in this 
subsection.
(f) Except as provided in K.S.A. 22-4908, and amendments 
thereto, for any offender who is required to register as provided in the  SENATE BILL No. 106—page 5
Kansas offender registration act, K.S.A. 22-4901 et seq., and 
amendments thereto, there shall be no expungement of any conviction 
or any part of the offender's criminal record while the offender is 
required to register as provided in the Kansas offender registration act.
(g) (1) When a petition for expungement is filed, the court shall 
set a date for a hearing of such petition and shall cause notice of such 
hearing to be given to the prosecutor and the arresting law enforcement 
agency. The petition shall state the:
(A) Defendant's full name;
(B) full name of the defendant at the time of arrest, conviction or 
diversion, if different than the defendant's current name;
(C) defendant's sex, race and date of birth;
(D) crime for which the defendant was arrested, convicted or 
diverted;
(E) date of the defendant's arrest, conviction or diversion; and
(F) identity of the convicting court, arresting law enforcement 
authority or diverting authority.
(2) Except as otherwise provided by law, a petition for 
expungement shall be accompanied by a docket fee in the amount of 
$176. On and after July 1, 2019, through June 30, 2025, the supreme 
court may impose a charge, not to exceed $19 per case, to fund the 
costs of non-judicial personnel. The charge established in this section 
shall be the only fee collected or moneys in the nature of a fee collected 
for the case. Such charge shall only be established by an act of the 
legislature and no other authority is established by law or otherwise to 
collect a fee.
(3) All petitions for expungement shall be docketed in the original 
criminal action. Any person who may have relevant information about 
the petitioner may testify at the hearing. The court may inquire into the 
background of the petitioner and shall have access to any reports or 
records relating to the petitioner that are on file with the secretary of 
corrections or the prisoner review board.
(h) At the hearing on the petition, the court shall order the 
petitioner's arrest record, conviction or diversion expunged if the court 
finds that:
(1) (A) The petitioner has not been convicted of a felony in the 
past two years and no proceeding involving any such crime is presently 
pending or being instituted against the petitioner if the petition is filed 
under subsection (a)(1) or (a)(2); or
(B) no proceeding involving a felony is presently pending or being 
instituted against the petitioner if the petition is filed under subsection 
(a)(3);
(2) the circumstances and behavior of the petitioner warrant the 
expungement;
(3) the expungement is consistent with the public welfare; and
(4) with respect to petitions seeking expungement of a felony 
conviction, possession of a firearm by the petitioner is not likely to 
pose a threat to the safety of the public.
(i) When the court has ordered an arrest record, conviction or 
diversion expunged, the order of expungement shall state the 
information required to be contained in the petition. The clerk of the 
court shall send a certified copy of the order of expungement to the 
Kansas bureau of investigation that shall notify the federal bureau of 
investigation, the secretary of corrections and any other criminal justice 
agency that may have a record of the arrest, conviction or diversion. If 
the case was appealed from municipal court, the clerk of the district 
court shall send a certified copy of the order of expungement to the 
municipal court. The municipal court shall order the case expunged 
once the certified copy of the order of expungement is received. After  SENATE BILL No. 106—page 6
the order of expungement is entered, the petitioner shall be treated as 
not having been arrested, convicted or diverted of the crime, except 
that:
(1) Upon conviction for any subsequent crime, the conviction that 
was expunged may be considered as a prior conviction in determining 
the sentence to be imposed;
(2) the petitioner shall disclose that the arrest, conviction or 
diversion occurred if asked about previous arrests, convictions or 
diversions:
(A) In any application for licensure as a private detective, private 
detective agency, certification as a firearms trainer pursuant to K.S.A. 
75-7b21, and amendments thereto, or employment as a detective with a 
private detective agency, as defined by K.S.A. 75-7b01, and 
amendments thereto; as security personnel with a private patrol 
operator, as defined by K.S.A. 75-7b01, and amendments thereto; or 
with an institution, as defined in K.S.A. 76-12a01, and amendments 
thereto, of the Kansas department for aging and disability services;
(B) in any application for admission, or for an order of 
reinstatement, to the practice of law in this state;
(C) to aid in determining the petitioner's qualifications for 
employment with the Kansas lottery or for work in sensitive areas 
within the Kansas lottery as deemed appropriate by the executive 
director of the Kansas lottery;
(D) to aid in determining the petitioner's qualifications for 
executive director of the Kansas racing and gaming commission, for 
employment with the commission or for work in sensitive areas in 
parimutuel racing as deemed appropriate by the executive director of 
the commission, or to aid in determining qualifications for licensure or 
renewal of licensure by the commission;
(E) to aid in determining the petitioner's qualifications for the 
following under the Kansas expanded lottery act: (i) Lottery gaming 
facility manager or prospective manager, racetrack gaming facility 
manager or prospective manager, licensee or certificate holder; or (ii) 
an officer, director, employee, owner, agent or contractor thereof;
(F) upon application for a commercial driver's license under 
K.S.A. 8-2,125 through 8-2,142, and amendments thereto;
(G) to aid in determining the petitioner's qualifications to be an 
employee of the state gaming agency;
(H) to aid in determining the petitioner's qualifications to be an 
employee of a tribal gaming commission or to hold a license issued 
pursuant to a tribal-state gaming compact;
(I) in any application for registration as a broker-dealer, agent, 
investment adviser or investment adviser representative all as defined 
in K.S.A. 17-12a102, and amendments thereto;
(J) in any application for employment as a law enforcement officer 
as defined in K.S.A. 22-2202 or 74-5602, and amendments thereto; or
(K) to aid in determining the petitioner's qualifications for a 
license to act as a bail enforcement agent pursuant to K.S.A. 75-7e01 
through 75-7e09, and amendments thereto, and K.S.A. 2022 Supp. 50-
6,141, and amendments thereto;
(3) the court, in the order of expungement, may specify other 
circumstances under which the conviction is to be disclosed;
(4) the conviction may be disclosed in a subsequent prosecution 
for an offense that requires as an element of such offense a prior 
conviction of the type expunged; and
(5) upon commitment to the custody of the secretary of 
corrections, any previously expunged record in the possession of the 
secretary of corrections may be reinstated and the expungement 
disregarded, and the record continued for the purpose of the new  SENATE BILL No. 106—page 7
commitment.
(j) Whenever a person is convicted of a crime, pleads guilty and 
pays a fine for a crime, is placed on parole, postrelease supervision or 
probation, is assigned to a community correctional services program, is 
granted a suspended sentence or is released on conditional release, the 
person shall be informed of the ability to expunge the arrest records or 
conviction. Whenever a person enters into a diversion agreement, the 
person shall be informed of the ability to expunge the diversion.
(k) (1) Subject to the disclosures required pursuant to subsection 
(i), in any application for employment, license or other civil right or 
privilege, or any appearance as a witness, a person whose arrest 
records, conviction or diversion of a crime has been expunged under 
this statute may state that such person has never been arrested, 
convicted or diverted of such crime.
(2) A person whose arrest record, conviction or diversion of a 
crime that resulted in such person being prohibited by state or federal 
law from possessing a firearm has been expunged under this statute 
shall be deemed to have had such person's right to keep and bear arms 
fully restored. This restoration of rights shall include, but not be limited 
to, the right to use, transport, receive, purchase, transfer and possess 
firearms. The provisions of this paragraph shall apply to all orders of 
expungement, including any orders issued prior to July 1, 2021.
(l) Whenever the record of any arrest, conviction or diversion has 
been expunged under the provisions of this section or under the 
provisions of any other existing or former statute, the custodian of the 
records of arrest, conviction, diversion and incarceration relating to that 
crime shall not disclose the existence of such records, except when 
requested by:
(1) The person whose record was expunged;
(2) a private detective agency or a private patrol operator, and the 
request is accompanied by a statement that the request is being made in 
conjunction with an application for employment with such agency or 
operator by the person whose record has been expunged;
(3) a court, upon a showing of a subsequent conviction of the 
person whose record has been expunged;
(4) the secretary for aging and disability services, or a designee of 
the secretary, for the purpose of obtaining information relating to 
employment in an institution, as defined in K.S.A. 76-12a01, and 
amendments thereto, of the Kansas department for aging and disability 
services of any person whose record has been expunged;
(5) a person entitled to such information pursuant to the terms of 
the expungement order;
(6) a prosecutor, and such request is accompanied by a statement 
that the request is being made in conjunction with a prosecution of an 
offense that requires a prior conviction as one of the elements of such 
offense;
(7) the supreme court, the clerk or disciplinary administrator 
thereof, the state board for admission of attorneys or the state board for 
discipline of attorneys, and the request is accompanied by a statement 
that the request is being made in conjunction with an application for 
admission, or for an order of reinstatement, to the practice of law in this 
state by the person whose record has been expunged;
(8) the Kansas lottery, and the request is accompanied by a 
statement that the request is being made to aid in determining 
qualifications for employment with the Kansas lottery or for work in 
sensitive areas within the Kansas lottery as deemed appropriate by the 
executive director of the Kansas lottery;
(9) the governor or the Kansas racing and gaming commission, or 
a designee of the commission, and the request is accompanied by a  SENATE BILL No. 106—page 8
statement that the request is being made to aid in determining 
qualifications for executive director of the commission, for 
employment with the commission, for work in sensitive areas in 
parimutuel racing as deemed appropriate by the executive director of 
the commission or for licensure, renewal of licensure or continued 
licensure by the commission;
(10) the Kansas racing and gaming commission, or a designee of 
the commission, and the request is accompanied by a statement that the 
request is being made to aid in determining qualifications of the 
following under the Kansas expanded lottery act: (A) Lottery gaming 
facility managers and prospective managers, racetrack gaming facility 
managers and prospective managers, licensees and certificate holders; 
and (B) their officers, directors, employees, owners, agents and 
contractors;
(11) the Kansas sentencing commission;
(12) the state gaming agency, and the request is accompanied by a 
statement that the request is being made to aid in determining 
qualifications: (A) To be an employee of the state gaming agency; or 
(B) to be an employee of a tribal gaming commission or to hold a 
license issued pursuant to a tribal-gaming compact;
(13) the Kansas securities commissioner or a designee of the 
commissioner, and the request is accompanied by a statement that the 
request is being made in conjunction with an application for 
registration as a broker-dealer, agent, investment adviser or investment 
adviser representative by such agency and the application was 
submitted by the person whose record has been expunged;
(14) the Kansas commission on peace officers' standards and 
training and the request is accompanied by a statement that the request 
is being made to aid in determining certification eligibility as a law 
enforcement officer pursuant to K.S.A. 74-5601 et seq., and 
amendments thereto;
(15) a law enforcement agency and the request is accompanied by 
a statement that the request is being made to aid in determining 
eligibility for employment as a law enforcement officer as defined by 
K.S.A. 22-2202, and amendments thereto;
(16) (A) the attorney general and the request is accompanied by a 
statement that the request is being made to aid in determining 
qualifications for a license to act as a bail enforcement agent pursuant 
to K.S.A. 75-7e01 through 75-7e09, and amendments thereto, and 
K.S.A. 2022 Supp. 50-6,141, and amendments thereto; or
(B) the attorney general for any other purpose authorized by law, 
except that an expungement record shall not be the basis for denial of a 
license to carry a concealed handgun under the personal and family 
protection act; or
(17) the Kansas bureau of investigation, for the purpose of 
completing a person's criminal history record information within the 
central repository, in accordance with K.S.A. 22-4701 et seq., and 
amendments thereto.
(m) (1) The provisions of subsection (l)(17) shall apply to records 
created prior to, on and after July 1, 2011.
(2) Upon the issuance of an order of expungement that resulted in 
the restoration of a person's right to keep and bear arms, the Kansas 
bureau of investigation shall report to the federal bureau of 
investigation that such expunged record be withdrawn from the national 
instant criminal background check system. The Kansas bureau of 
investigation shall include such order of expungement in the person's 
criminal history record for purposes of documenting the restoration of 
such person's right to keep and bear arms.
Sec. 3. K.S.A. 25-1122, as amended by section 1 of 2023 House  SENATE BILL No. 106—page 9
Bill No. 2053, is hereby amended to read as follows: 25-1122. (a) Any 
registered voter may file with the county election officer where the 
such person is a resident, or where the such person is authorized by law 
to vote as a former precinct resident, an application for an advance 
voting ballot. The signed application shall be transmitted only to the 
county election officer by personal delivery, mail, facsimile or as 
otherwise provided by law.
(b) If the registered voter is applying for an advance voting ballot 
to be transmitted in person, the voter shall provide identification 
pursuant to K.S.A. 25-2908, and amendments thereto.
(c) If the registered voter is applying for an advance voting ballot 
to be transmitted by mail, the voter shall provide with the application 
for an advance voting ballot the voter's current and valid Kansas 
driver's license number, nondriver's identification card number or a 
photocopy of any other identification provided by K.S.A. 25-2908, and 
amendments thereto.
(d) A voter may vote a provisional ballot according to K.S.A. 25-
409, and amendments thereto, if:
(1) The voter is unable or refuses to provide current and valid 
identification; or
(2) the name and address of the voter provided on the application 
for an advance voting ballot do not match the voter's name and address 
on the registration book. The voter shall provide a valid form of 
identification as defined in K.S.A. 25-2908, and amendments thereto, 
to the county election officer in person or provide a copy by mail or 
electronic means before the meeting of the county board of canvassers. 
At the meeting of the county board of canvassers the county election 
officer shall present copies of identification received from provisional 
voters and the corresponding provisional ballots. If the county board of 
canvassers determines that a voter's identification is valid and the 
provisional ballot was properly cast, the ballot shall be counted.
(e) No county election officer shall provide an advance voting 
ballot to a person who is requesting an advance voting ballot to be 
transmitted by mail unless:
(1) The county election official verifies that the signature of the 
person matches that on file in the county voter registration records, 
except that verification of the voter's signature shall not be required if a 
voter has a disability preventing the voter from signing. Signature 
verification may occur by electronic device or by human inspection. In 
the event that the signature of a person who is requesting an advance 
voting ballot does not match that on file, the county election officer 
shall attempt to contact the person and shall offer the person another 
opportunity to provide the person's signature for the purposes of 
verifying the person's identity. If the county election officer is unable to 
reach the person, the county election officer may transmit a provisional 
ballot, however, such provisional ballot may not be counted unless a 
signature is included therewith that can be verified; and
(2) the person provides such person's full Kansas driver's license 
number, Kansas nondriver's identification card number issued by the 
division of vehicles, or submits such person's application for an 
advance voting ballot and a copy of identification provided by K.S.A. 
25-2908, and amendments thereto, to the county election officer for 
verification. If a person applies for an advance voting ballot to be 
transmitted by mail but fails to provide identification pursuant to this 
subsection or the identification of the person cannot be verified by the 
county election officer, the county election officer shall provide 
information to the person regarding the voter rights provisions of 
subsection (d) and shall provide the person an opportunity to provide 
identification pursuant to this subsection. For the purposes of this act,  SENATE BILL No. 106—page 10
Kansas state offices and offices of any subdivision of the state will 
allow any person seeking to vote by an advance voting ballot the use of 
a photocopying device to make one photocopy of an identification 
document at no cost.
(f) (1) Applications for advance voting ballots to be transmitted to 
the voter by mail shall be filed only at the following times:
(A) For the primary election occurring on the first Tuesday in 
August in both even-numbered and odd-numbered years, between April 
1 of such year and the Tuesday of the week preceding such primary 
election;
(B) for the general election occurring on the Tuesday following 
the first Monday in November in both even-numbered and odd-
numbered years, between 90 days prior to such election and the 
Tuesday of the week preceding such general election;
(C) for the presidential preference primary election held pursuant 
to K.S.A. 25-4501a, and amendments thereto, between January 1 of the 
year in which such election is held and 30 days prior to the day of such 
election;
(D) for question submitted elections occurring on the date of a 
primary or general election, the same as is provided for ballots for 
election of officers at such election;
(E) for question submitted elections not occurring on the date of a 
primary or general election, between the time of the first published 
notice thereof and the Tuesday of the week preceding such question 
submitted election, except that if the question submitted election is held 
on a day other than a Tuesday, the final date for mailing of advance 
voting ballots shall be one week before such election; and
(F) for any special election of officers, at such time as is specified 
by the secretary of state.
(2) The county election officer of any county may receive 
applications prior to the time specified in this subsection and hold such 
applications until the beginning of the prescribed application period. 
Such applications shall be treated as filed on that date.
(g) (1) Unless an earlier date is designated by the county election 
office, applications for advance voting ballots transmitted to the voter 
in person in the office of the county election officer shall be filed on the 
Tuesday next preceding the election and on each subsequent business 
day until no later than 12 noon on the day preceding such election. If 
the county election officer so provides, applications for advance voting 
ballots transmitted to the voter in person in the office of the county 
election officer also may be filed on the Saturday preceding the 
election. Upon receipt of any such properly executed application, the 
county election officer shall deliver to the voter such ballots and 
instructions as are provided for in this act.
(2) An application for an advance voting ballot filed by a voter 
who has a temporary illness or disability or who is not proficient in 
reading the English language or by a person rendering assistance to 
such voter may be filed during the regular advance ballot application 
periods until the close of the polls on election day.
(3) The county election officer may designate places other than the 
central county election office as satellite advance voting sites. At any 
satellite advance voting site, a registered voter may obtain an 
application for advance voting ballots. Ballots and instructions shall be 
delivered to the voter in the same manner and subject to the same 
limitations as otherwise provided by this subsection.
(h) Any person having a permanent disability or an illness that has 
been diagnosed as a permanent illness is hereby authorized to make an 
application for permanent advance voting status. Applications for 
permanent advance voting status shall be in the form and contain such  SENATE BILL No. 106—page 11
information as is required for application for advance voting ballots and 
also shall contain information that establishes the voter's right to 
permanent advance voting status.
(i) On receipt of any application filed under the provisions of this 
section, the county election officer shall prepare and maintain in such 
officer's office a list of the names of all persons who have filed such 
applications, together with their correct post office address and the 
precinct, ward, township or voting area in which the persons claim to 
be registered voters or to be authorized by law to vote as former 
precinct residents and the present resident address of each applicant. 
Names and addresses shall remain so listed until the day of such 
election. The county election officer shall maintain a separate listing of 
the names and addresses of persons qualifying for permanent advance 
voting status. All such lists shall be available for inspection upon 
request in compliance with this subsection by any registered voter 
during regular business hours. The county election officer upon receipt 
of the applications shall enter upon a record kept by such officer the 
name and address of each applicant, which record shall conform to the 
list above required. Before inspection of any advance voting ballot 
application list, the person desiring to make the inspection shall provide 
to the county election officer identification in the form of driver's 
license or other reliable identification and shall sign a log book or 
application form maintained by the officer stating the person's name 
and address and showing the date and time of inspection. All records 
made by the county election officer shall be subject to public 
inspection, except that the voter identification information required by 
subsections (b) and (c) and the identifying number on ballots and ballot 
envelopes and records of such numbers shall not be made public.
(j) If a person on the permanent advance voting list fails to vote in 
four consecutive general elections held on the Tuesday succeeding the 
first Monday in November of each even-numbered and odd-numbered 
year, the county election officer may mail a notice to such voter. The 
notice shall inform the voter that the voter's name will be removed from 
the permanent advance voting list unless the voter renews the 
application for permanent advance voting status within 30 days after 
the notice is mailed. If the voter fails to renew such application, the 
county election officer shall remove the voter's name from the 
permanent advance voting list. Failure to renew the application for 
permanent advance voting status shall not result in removal of the 
voter's name from the voter registration list.
(k) (1) Any person who solicits by mail a registered voter to file 
an application for an advance voting ballot and includes an application 
for an advance voting ballot in such mailing shall include on the 
exterior of such mailing, and on each page contained therein, except the 
application, a clear and conspicuous label in 14-point font or larger that 
includes:
(A) The name of the individual or organization that caused such 
solicitation to be mailed;
(B) if an organization, the name of the president, chief executive 
officer or executive director of such organization;
(C) the address of such individual or organization; and
(D) the following statement: "Disclosure: This is not a government 
mailing. It is from a private individual or organization."
(2) The application for an advance voting ballot included in such 
mailing shall be the official application for advance ballot by mail 
provided by the secretary of state. No portion of such application shall 
be completed prior to mailing such application to the registered voter.
(3) An application for an advance voting ballot shall include an 
envelope addressed to the appropriate county election office for the  SENATE BILL No. 106—page 12
mailing of such application. In no case shall the person who mails the 
application to the voter direct that the completed application be 
returned to such person.
(4) The provisions of this subsection shall not apply to:
(A) The secretary of state or any election official or county 
election office; or
(B) the official protection and advocacy for voting access agency 
for this state as designated pursuant to the federal help America vote act 
of 2002, public law 107-252, or any other entity required to provide 
information concerning elections and voting procedures by federal law.
(5) A violation of this subsection is a class C nonperson 
misdemeanor.
(l) (1) No person shall mail or cause to be mailed an application 
for an advance voting ballot, unless such person is a resident of this 
state or is otherwise domiciled in this state.
(2) Any individual may file a complaint in writing with the 
attorney general alleging a violation of this subsection. Such complaint 
shall include the name of the person alleged to have violated this 
subsection and any other information as required by the attorney 
general. Upon receipt of a complaint, the attorney general shall 
investigate and may file an action against any person found to have 
violated this subsection.
(3) Any person who violates the provisions of this subsection is 
subject to a civil penalty of $20. Each instance in which a person mails 
an application for an advance voting ballot in violation of this section 
shall constitute a separate violation.
(m) A county election officer shall not mail a ballot to a voter 
unless such voter has submitted an application for an advance voting 
ballot, except that a ballot may be mailed to a voter if such voter has 
permanent advance voting ballot status pursuant to subsection (h) or if 
the election is conducted pursuant to the mail ballot election act, 
K.S.A. 25-431 et seq., and amendments thereto.
(n) The secretary of state may adopt rules and regulations in order 
to implement the provisions of this section and to define valid forms of 
identification.
Sec. 4. K.S.A. 2022 Supp. 25-3009, as amended by section 48 of 
2023 Senate Bill No. 221, is hereby amended to read as follows: 25-
3009. (a) After an election and prior to the meeting of the county board 
of canvassers to certify the official election results for any election in 
which the canvassers certify the results, the county election officer shall 
conduct a manual audit or tally of each vote cast, regardless of the 
method of voting, in 1% of all precincts, with a minimum of one 
precinct located within the county. The precinct or precincts shall be 
randomly selected and the selection shall take place after the election.
(b) (1) The audit shall be performed manually and shall review all 
paper ballots selected pursuant to subsection (a). The audit shall be 
performed by a sworn election board consisting of bipartisan trained 
board members. The county election officer shall determine the 
members of the sworn election board who will conduct the audit.
(2) The audit shall review contested races as follows:
(A) In presidential election years:
(i) One federal race;
(ii) one state legislative race;
(iii) one county race; and
(iv) one constitutional amendment question, if any.
(B) In even-numbered, non-presidential election years:
(i) One federal race;
(ii) one statewide race;
(iii) one state legislative race; SENATE BILL No. 106—page 13
(iv) one county race; and
(v) one constitutional amendment question, if any.
(C) In even-numbered election years, any federal, statewide or 
state legislative race that is within 1% of the total number of votes cast 
tallied on election night, as determined by the secretary of state, shall 
be audited. The county election officer shall conduct the audit in the 
manner set forth in subsection (a) in 10% of all county precincts in the 
specified race, with a minimum of one precinct in the county. The 
precincts audited pursuant to this subsection shall be in addition to the 
precincts audited under subparagraphs (2)(A) and (B).
(D) In odd-numbered election years, two local races will be 
randomly selected, and the selection shall take place after the election.
(E) Any presidential preference primary election held pursuant to 
K.S.A. 25-4501a, and amendments thereto.
(c) At least five days prior to the audit, notice of the time and 
location of the audit shall be provided to the public on the official 
county website. The audit shall be conducted in a public setting. Any 
candidate or entity who is authorized to appoint a poll agent may 
appoint a poll agent for the audit.
(d) The results of the audit shall be compared to the unofficial 
election night returns and a report shall be submitted to the county 
election office and to the secretary of state's office prior to the meeting 
of the county board of canvassers. If a discrepancy is reported between 
the audit and the unofficial returns and cannot be resolved, the county 
election officer or the secretary of state may require audits of additional 
precincts. Once the audit has been completed, the results of the audit 
shall be used by the county board of canvassers when certifying the 
official election results.
(e) Upon publication of the notice of the audit pursuant to 
subsection (c), the signed and certified official abstracts required by 
K.S.A. 25-3006, and amendments thereto, shall be made available by 
the county election office for review by any authorized poll agent. Such 
abstracts shall be from all precincts and shall not be limited to those 
precincts that are subject to the audit. The abstracts shall be available 
for review until commencement of the original canvass.
(f) The secretary of state shall adopt rules and regulations 
governing the conduct and procedure of the audit, including the random 
selection of the precincts and offices involved in the audit.
Sec. 5. K.S.A. 2022 Supp. 65-4101 is hereby amended to read as 
follows: 65-4101. As used in this act:
(a) "Administer" means the direct application of a controlled 
substance, whether by injection, inhalation, ingestion or any other 
means, to the body of a patient or research subject by:
(1) A practitioner or pursuant to the lawful direction of a 
practitioner; or
(2) the patient or research subject at the direction and in the 
presence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or 
at the direction of a manufacturer, distributor or dispenser. It "Agent" 
does not include a common carrier, public warehouseman or employee 
of the carrier or warehouseman.
(c) "Application service provider" means an entity that sells 
electronic prescription or pharmacy prescription applications as a 
hosted service where the entity controls access to the application and 
maintains the software and records on its server.
(d) "Board" means the state board of pharmacy.
(e) "Bureau" means the bureau of narcotics and dangerous drugs, 
United States department of justice, or its successor agency.
(f) "Controlled substance" means any drug, substance or  SENATE BILL No. 106—page 14
immediate precursor included in any of the schedules designated in 
K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and 
amendments thereto.
(g) (1) "Controlled substance analog" means a substance that is 
intended for human consumption, and at least one of the following:
(A) The chemical structure of the substance is substantially similar 
to the chemical structure of a controlled substance listed in or added to 
the schedules designated in K.S.A. 65-4105 or 65-4107, and 
amendments thereto;
(B) the substance has a stimulant, depressant or hallucinogenic 
effect on the central nervous system substantially similar to the 
stimulant, depressant or hallucinogenic effect on the central nervous 
system of a controlled substance included in the schedules designated 
in K.S.A. 65-4105 or 65-4107, and amendments thereto; or
(C) with respect to a particular individual, such individual 
represents or intends the substance to have a stimulant, depressant or 
hallucinogenic effect on the central nervous system substantially 
similar to the stimulant, depressant or hallucinogenic effect on the 
central nervous system of a controlled substance included in the 
schedules designated in K.S.A. 65-4105 or 65-4107, and amendments 
thereto.
(2) "Controlled substance analog" does not include:
(A) A controlled substance;
(B) a substance for which there is an approved new drug 
application; or
(C) a substance with respect to which an exemption is in effect for 
investigational use by a particular person under section 505 of the 
federal food, drug and cosmetic act, 21 U.S.C. § 355, to the extent 
conduct with respect to the substance is permitted by the exemption.
(h) "Counterfeit substance" means a controlled substance that, or 
the container or labeling of which, without authorization bears the 
trademark, trade name or other identifying mark, imprint, number or 
device or any likeness thereof of a manufacturer, distributor or 
dispenser other than the person who in fact manufactured, distributed 
or dispensed the substance.
(i) "Cultivate" means the planting or promotion of growth of five 
or more plants that contain or can produce controlled substances.
(j) "DEA" means the U.S. department of justice, drug enforcement 
administration.
(k) "Deliver" or "delivery" means the actual, constructive or 
attempted transfer from one person to another of a controlled substance, 
whether or not there is an agency relationship.
(l) "Dispense" means to deliver a controlled substance to an 
ultimate user or research subject by or pursuant to the lawful order of a 
practitioner, including the packaging, labeling or compounding 
necessary to prepare the substance for that delivery, or pursuant to the 
prescription of a mid-level practitioner.
(m) "Dispenser" means a practitioner or pharmacist who 
dispenses, or a physician assistant who has authority to dispense 
prescription-only drugs in accordance with K.S.A. 65-28a08(b), and 
amendments thereto.
(n) "Distribute" means to deliver other than by administering or 
dispensing a controlled substance.
(o) "Distributor" means a person who distributes.
(p) (1) "Drug" means substances:
(A) Substances Recognized as drugs in the official United States 
pharmacopeia, official homeopathic pharmacopoeia of the United 
States or official national formulary or any supplement to any of them;
(B) substances intended for use in the diagnosis, cure, mitigation,  SENATE BILL No. 106—page 15
treatment or prevention of disease in human or animals;
(C) substances (other than food) intended to affect the structure or 
any function of the body of human or animals; and
(D) substances intended for use as a component of any article 
specified in subparagraph (A), (B) or (C).
(2) "Drug" does not include devices or their components, parts or 
accessories.
(q) "Immediate precursor" means a substance that the board has 
found to be and by rule and regulation designates as being the principal 
compound commonly used or produced primarily for use and that is an 
immediate chemical intermediary used or likely to be used in the 
manufacture of a controlled substance, the control of which is 
necessary to prevent, curtail or limit manufacture.
(r) "Electronic prescription" means an electronically prepared 
prescription that is authorized and transmitted from the prescriber to the 
pharmacy by means of electronic transmission.
(s) "Electronic prescription application" means software that is 
used to create electronic prescriptions and that is intended to be 
installed on the prescriber's computers and servers where access and 
records are controlled by the prescriber.
(t) "Electronic signature" means a confidential personalized digital 
key, code, number or other method for secure electronic data 
transmissions that identifies a particular person as the source of the 
message, authenticates the signatory of the message and indicates the 
person's approval of the information contained in the transmission.
(u) "Electronic transmission" means the transmission of an 
electronic prescription, formatted as an electronic data file, from a 
prescriber's electronic prescription application to a pharmacy's 
computer, where the data file is imported into the pharmacy 
prescription application.
(v) "Electronically prepared prescription" means a prescription 
that is generated using an electronic prescription application.
(w) "Facsimile transmission" or "fax transmission" means the 
transmission of a digital image of a prescription from the prescriber or 
the prescriber's agent to the pharmacy. "Facsimile transmission" 
includes, but is not limited to, transmission of a written prescription 
between the prescriber's fax machine and the pharmacy's fax machine; 
transmission of an electronically prepared prescription from the 
prescriber's electronic prescription application to the pharmacy's fax 
machine, computer or printer; or transmission of an electronically 
prepared prescription from the prescriber's fax machine to the 
pharmacy's fax machine, computer or printer.
(x) "Intermediary" means any technology system that receives and 
transmits an electronic prescription between the prescriber and the 
pharmacy.
(y) "Isomer" means all enantiomers and diastereomers.
(z) "Manufacture" means the production, preparation, propagation, 
compounding, conversion or processing of a controlled substance either 
directly or indirectly or by extraction from substances of natural origin 
or independently by means of chemical synthesis or by a combination 
of extraction and chemical synthesis and includes any packaging or 
repackaging of the substance or labeling or relabeling of its container, 
except that this term does not include the preparation or compounding 
of a controlled substance by an individual for the individual's own 
lawful use or the preparation, compounding, packaging or labeling of a 
controlled substance:
(1) By a practitioner or the practitioner's agent pursuant to a 
lawful order of a practitioner as an incident to the practitioner's 
administering or dispensing of a controlled substance in the course of  SENATE BILL No. 106—page 16
the practitioner's professional practice; or
(2) by a practitioner or by the practitioner's authorized agent under 
such practitioner's supervision for the purpose of or as an incident to 
research, teaching or chemical analysis or by a pharmacist or medical 
care facility as an incident to dispensing of a controlled substance.
(aa) "Marijuana" means all parts of all varieties of the plant 
Cannabis whether growing or not, the seeds thereof, the resin extracted 
from any part of the plant and every compound, manufacture, salt, 
derivative, mixture or preparation of the plant, its seeds or resin. It does 
not include:
(1) The mature stalks of the plant, fiber produced from the stalks, 
oil or cake made from the seeds of the plant, any other compound, 
manufacture, salt, derivative, mixture or preparation of the mature 
stalks, except the resin extracted therefrom, fiber, oil or cake or the 
sterilized seed of the plant that is incapable of germination;
(2) any substance listed in schedules II through V of the uniform 
controlled substances act;
(3) drug products approved by the United States food and drug 
administration as of the effective date of this act;
(4) cannabidiol (other trade name: 2-[(3-methyl-6-(1-
methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or
(5) industrial hemp as defined in K.S.A. 2-3901, and amendments 
thereto, when cultivated, produced, possessed or used for activities 
authorized by the commercial industrial hemp act.
(bb) "Medical care facility" shall have the meaning ascribed to 
that term in K.S.A. 65-425, and amendments thereto.
(cc) "Mid-level practitioner" means a certified nurse-midwife 
engaging in the independent practice of midwifery under the 
independent practice of midwifery act, an advanced practice registered 
nurse issued a license pursuant to K.S.A. 65-1131, and amendments 
thereto, who has authority to prescribe drugs pursuant to a written 
protocol with a responsible physician under K.S.A. 65-1130, and 
amendments thereto, or a physician assistant licensed under the 
physician assistant licensure act who has authority to prescribe drugs 
pursuant to a written agreement with a supervising physician under 
K.S.A. 65-28a08, and amendments thereto.
(dd) "Narcotic drug" means any of the following whether 
produced directly or indirectly by extraction from substances of 
vegetable origin or independently by means of chemical synthesis or by 
a combination of extraction and chemical synthesis:
(1) Opium and opiate and any salt, compound, derivative or 
preparation of opium or opiate;
(2) any salt, compound, isomer, derivative or preparation thereof 
that is chemically equivalent or identical with any of the substances 
referred to in paragraph (1) but not including the isoquinoline alkaloids 
of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, compound, derivative or preparation 
of coca leaves, and any salt, compound, isomer, derivative or 
preparation thereof that is chemically equivalent or identical with any 
of these substances, but not including decocainized coca leaves or 
extractions of coca leaves that do not contain cocaine or ecgonine.
(ee) "Opiate" means any substance having an addiction-forming or 
addiction-sustaining liability similar to morphine or being capable of 
conversion into a drug having addiction-forming or addiction-
sustaining liability. It does not include, unless specifically designated as 
controlled under K.S.A. 65-4102, and amendments thereto, the 
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts 
(dextromethorphan). It does include its racemic and levorotatory forms. SENATE BILL No. 106—page 17
(ff) "Opium poppy" means the plant of the species Papaver 
somniferum l. except its seeds.
(gg) "Person" means an individual, corporation, government, or 
governmental subdivision or agency, business trust, estate, trust, 
partnership or association or any other legal entity.
(hh) "Pharmacist" means any natural person licensed under K.S.A. 
65-1625 et seq., and amendments thereto, to practice pharmacy.
(ii) "Pharmacist intern" means: (1) A student currently enrolled in 
an accredited pharmacy program; (2) a graduate of an accredited 
pharmacy program serving such person's internship; or (3) a graduate 
of a pharmacy program located outside of the United States that is not 
accredited and who had successfully passed equivalency examinations 
approved by the board.
(jj) "Pharmacy prescription application" means software that is 
used to process prescription information, is installed on a pharmacy's 
computers and servers, and is controlled by the pharmacy.
(kk) "Poppy straw" means all parts, except the seeds, of the opium 
poppy, after mowing.
(ll) "Practitioner" means a person licensed to practice medicine 
and surgery, dentist, podiatrist, veterinarian, optometrist, or scientific 
investigator or other person authorized by law to use a controlled 
substance in teaching or chemical analysis or to conduct research with 
respect to a controlled substance.
(mm) "Prescriber" means a practitioner or a mid-level practitioner.
(nn) "Production" includes the manufacture, planting, cultivation, 
growing or harvesting of a controlled substance.
(oo) "Readily retrievable" means that records kept by automatic 
data processing applications or other electronic or mechanized 
recordkeeping systems can be separated out from all other records 
within a reasonable time not to exceed 48 hours of a request from the 
board or other authorized agent or that hard-copy records are kept on 
which certain items are asterisked, redlined or in some other manner 
visually identifiable apart from other items appearing on the records.
(pp) "Ultimate user" means a person who lawfully possesses a 
controlled substance for such person's own use or for the use of a 
member of such person's household or for administering to an animal 
owned by such person or by a member of such person's household.
Sec. 6. K.S.A. 75-7240, as amended by section 15 of 2023 House 
Bill No. 2019, is hereby amended to read as follows: 75-7240. (a) The 
executive branch agency heads shall:
(1) Be solely responsible for security of all data and information 
technology resources under such agency's purview, irrespective of the 
location of the data or resources. Locations of data may include:
(A) Agency sites;
(B) agency real property;
(C) infrastructure in state data centers;
(D) third-party locations; and
(E) in transit between locations;
(2) ensure that an agency-wide information security program is in 
place;
(3) designate an information security officer to administer the 
agency's information security program that reports directly to executive 
leadership;
(4) participate in CISO-sponsored statewide cybersecurity 
program initiatives and services;
(5) implement policies and standards to ensure that all the 
agency's data and information technology resources are maintained in 
compliance with applicable state and federal laws and rules and 
regulations; SENATE BILL No. 106—page 18
(6) implement appropriate cost-effective safeguards to reduce, 
eliminate or recover from identified threats to data and information 
technology resources;
(7) include all appropriate cybersecurity requirements in the 
agency's request for proposal specifications for procuring data and 
information technology systems and services;
(8) (A) submit a cybersecurity self-assessment report to the CISO 
by October 16 of each even-numbered year, including an executive 
summary of the findings, that assesses the extent to which the agency is 
vulnerable to unauthorized access or harm, including the extent to 
which the agency's or contractor's electronically stored information is 
vulnerable to alteration, damage, erasure or inappropriate use;
(B) ensure that the agency conducts annual internal assessments of 
its security program. Internal assessment results shall be considered 
confidential and shall not be subject to discovery by or release to any 
person or agency, outside of the KISO or CISO, without authorization 
from the executive branch agency director or head. This provision 
regarding confidentiality shall expire on July 1, 2023, unless the 
legislature reviews and reenacts such provision pursuant to K.S.A. 45-
229, and amendments thereto, prior to July 1, 2023; and
(C) prepare or have prepared a financial summary identifying 
cybersecurity expenditures addressing the findings of the cybersecurity 
self-assessment report required in subparagraph (A), excluding 
information that might put the data or information resources of the 
agency or its contractors at risk and submit such report to the house of 
representatives committee on appropriations and the senate committee 
on ways and means; and
(9) ensure that if an agency owns, licenses or maintains 
computerized data that includes personal information, confidential 
information or information, the disclosure of which is regulated by law, 
such agency shall, in the event of a breach or suspected breach of 
system security or an unauthorized exposure of that information:
(A) Comply with the notification requirements set out in K.S.A. 
2022 Supp. 50-7a01 et seq., and amendments thereto, and applicable 
federal laws and rules and regulations, to the same extent as a person 
who conducts business in this state; and
(B) not later than 48 hours after the discovery of the breach, 
suspected breach or unauthorized exposure, notify: (i) The CISO; and 
(ii) if the breach, suspected breach or unauthorized exposure involves 
election data, the secretary of state.
(b) The director or head of each state agency shall:
(1) Participate in annual agency leadership training to ensure 
understanding of:
(A) The potential impact of common types of cyberattacks and 
data breaches on the agency's operations and assets;
(B) how cyberattacks and data breaches on the agency's operations 
and assets may impact the operations and assets of other governmental 
entities on the state enterprise network;
(C) how cyberattacks and data breaches occur; and
(D) steps to be undertaken by the executive director or agency 
head and agency employees to protect their information and 
information systems;
(2) ensure that all information technology login credentials are 
disabled the same day that any employee ends their employment with 
the state; and
(3) require that all employees with access to information 
technology receive a minimum of one hour of information technology 
security training per year.
(c) (1) The CISO, with input from the joint committee on  SENATE BILL No. 106—page 19
information technology and the joint committee on Kansas security, 
shall develop a self-assessment report template for use under 
subsection (a)(8)(A). The most recent version of such template shall be 
made available to state agencies prior to July 1 of each even-numbered 
year. The CISO shall aggregate data from the self-assessments received 
under subsection (a)(8)(A) and provide a summary of such data to the 
joint committee on information technology and the joint committee on 
Kansas security.
(2) Self-assessment reports made to the CISO pursuant to 
subsection (a)(8)(A) shall be confidential and shall not be subject to the 
provisions of the Kansas open records act, K.S.A. 45-215 et seq., and 
amendments thereto. The provisions of this paragraph shall expire on 
July 1, 2028, unless the legislature reviews and reenacts this provision 
pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 
2028.
Sec. 7. K.S.A. 75-7242, as amended by section 16 of 2023 House 
Bill No. 2019, is hereby amended to read as follows: 75-7242. 
Information collected to effectuate this act shall be considered 
confidential by all state and local governmental organizations unless all 
data elements or information that specifically identifies a target, 
vulnerability or weakness that would place the organization at risk have 
been redacted, including: (a) System information logs; (b) vulnerability 
reports; (c) risk assessment reports; (d) system security plans; (e) 
detailed system design plans; (f) network or system diagrams; and (g) 
audit reports. The provisions of this section shall expire on July 1, 
2023, unless the legislature reviews and reenacts this provision 
pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 
2023.
Sec. 8. K.S.A. 2022 Supp. 79-3234, as amended by section 72 of 
2023 Senate Bill No. 244, is hereby amended to read as follows: 79-
3234. (a) All reports and returns required by this act shall be preserved 
for three years and thereafter until the director orders them to be 
destroyed.
(b) Except in accordance with proper judicial order, or as provided 
in subsection (c) or K.S.A. 46-1106(e), 46-1114 or 79-32,153a, and 
amendments thereto, it shall be unlawful for the secretary, the director, 
any deputy, agent, clerk or other officer, employee or former employee 
of the department of revenue or any other state officer or employee or 
former state officer or employee to divulge, or to make known in any 
way, the amount of income or any particulars set forth or disclosed in 
any report, return, federal return or federal return information required 
under this act; and it shall be unlawful for the secretary, the director, 
any deputy, agent, clerk or other officer or employee engaged in the 
administration of this act to engage in the business or profession of tax 
accounting or to accept employment, with or without consideration, 
from any person, firm or corporation for the purpose, directly or 
indirectly, of preparing tax returns or reports required by the laws of the 
state of Kansas, by any other state or by the United States government, 
or to accept any employment for the purpose of advising, preparing 
material or data, or the auditing of books or records to be used in an 
effort to defeat or cancel any tax or part thereof that has been assessed 
by the state of Kansas, any other state or by the United States 
government.
(c) The secretary or the secretary's designee may:
(1) Publish statistics, so classified as to prevent the identification 
of particular reports or returns and the items thereof;
(2) allow the inspection of returns by the attorney general or other 
legal representatives of the state;
(3) provide the post auditor access to all income tax reports or  SENATE BILL No. 106—page 20
returns in accordance with and subject to the provisions of K.S.A. 46-
1106(e) or 46-1114, and amendments thereto;
(4) disclose taxpayer information from income tax returns to 
persons or entities contracting with the secretary of revenue where the 
secretary has determined disclosure of such information is essential for 
completion of the contract and has taken appropriate steps to preserve 
confidentiality;
(5) disclose to the secretary of commerce the following: (A) 
Specific taxpayer information related to financial information 
previously submitted by the taxpayer to the secretary of commerce 
concerning or relevant to any income tax credits, for purposes of 
verification of such information or evaluating the effectiveness of any 
tax credit or economic incentive program administered by the secretary 
of commerce; (B) the amount of payroll withholding taxes an employer 
is retaining pursuant to K.S.A. 74-50,212, and amendments thereto; (C) 
information received from businesses completing the form required by 
K.S.A. 74-50,217, and amendments thereto; and (D) findings related to 
a compliance audit conducted by the department of revenue upon the 
request of the secretary of commerce pursuant to K.S.A. 74-50,215, 
and amendments thereto;
(6) disclose income tax returns to the state gaming agency to be 
used solely for the purpose of determining qualifications of licensees of 
and applicants for licensure in tribal gaming. Any information received 
by the state gaming agency shall be confidential and shall not be 
disclosed except to the executive director, employees of the state 
gaming agency and members and employees of the tribal gaming 
commission;
(7) disclose the taxpayer's name, last known address and residency 
status to the Kansas department of wildlife, and parks and tourism to be 
used solely in its license fraud investigations;
(8) disclose the name, residence address, employer or Kansas 
adjusted gross income of a taxpayer who may have a duty of support in 
a title IV-D case to the secretary of the Kansas department for children 
and families for use solely in administrative or judicial proceedings to 
establish, modify or enforce such support obligation in a title IV-D 
case. In addition to any other limits on use, such use shall be allowed 
only where subject to a protective order which prohibits disclosure 
outside of the title IV-D proceeding. As used in this section, "title IV-D 
case" means a case being administered pursuant to part D of title IV of 
the federal social security act, 42 U.S.C. § 651 et seq., and amendments 
thereto. Any person receiving any information under the provisions of 
this subsection shall be subject to the confidentiality provisions of 
subsection (b) and to the penalty provisions of subsection (e);
(9) permit the commissioner of internal revenue of the United 
States, or the proper official of any state imposing an income tax, or the 
authorized representative of either, to inspect the income tax returns 
made under this act and the secretary of revenue may make available or 
furnish to the taxing officials of any other state or the commissioner of 
internal revenue of the United States or other taxing officials of the 
federal government, or their authorized representatives, information 
contained in income tax reports or returns or any audit thereof or the 
report of any investigation made with respect thereto, filed pursuant to 
the income tax laws, as the secretary may consider proper, but such 
information shall not be used for any other purpose than that of the 
administration of tax laws of such state, the state of Kansas or of the 
United States;
(10) communicate to the executive director of the Kansas lottery 
information as to whether a person, partnership or corporation is 
current in the filing of all applicable tax returns and in the payment of  SENATE BILL No. 106—page 21
all taxes, interest and penalties to the state of Kansas, excluding items 
under formal appeal, for the purpose of determining whether such 
person, partnership or corporation is eligible to be selected as a lottery 
retailer;
(11) communicate to the executive director of the Kansas racing 
commission as to whether a person, partnership or corporation has 
failed to meet any tax obligation to the state of Kansas for the purpose 
of determining whether such person, partnership or corporation is 
eligible for a facility owner license or facility manager license pursuant 
to the Kansas parimutuel racing act;
(12) provide such information to the executive director of the 
Kansas public employees retirement system for the purpose of 
determining that certain individuals' reported compensation is in 
compliance with the Kansas public employees retirement act, K.S.A. 
74-4901 et seq., and amendments thereto;
(13) (A) provide taxpayer information of persons suspected of 
violating K.S.A. 44-766, and amendments thereto, to the secretary of 
labor or such secretary's designee for the purpose of determining 
compliance by any person with the provisions of K.S.A. 44-703(i)(3)
(D) and 44-766, and amendments thereto. The information to be 
provided shall include all relevant information in the possession of the 
department of revenue necessary for the secretary of labor to make a 
proper determination of compliance with the provisions of K.S.A. 44-
703(i)(3)(D) and 44-766, and amendments thereto, and to calculate any 
unemployment contribution taxes due. Such information to be provided 
by the department of revenue shall include, but not be limited to, 
withholding tax and payroll information, the identity of any person that 
has been or is currently being audited or investigated in connection 
with the administration and enforcement of the withholding and 
declaration of estimated tax act, K.S.A. 79-3294 et seq., and 
amendments thereto, and the results or status of such audit or 
investigation;
(B) any person receiving tax information under the provisions of 
this paragraph shall be subject to the same duty of confidentiality 
imposed by law upon the personnel of the department of revenue and 
shall be subject to any civil or criminal penalties imposed by law for 
violations of such duty of confidentiality; and
(C) each of the secretary of labor and the secretary of revenue may 
adopt rules and regulations necessary to effect the provisions of this 
paragraph;
(14) provide such information to the state treasurer for the sole 
purpose of carrying out the provisions of K.S.A. 58-3934, and 
amendments thereto. Such information shall be limited to current and 
prior addresses of taxpayers or associated persons who may have 
knowledge as to the location of an owner of unclaimed property. For 
the purposes of this paragraph, "associated persons" includes spouses 
or dependents listed on income tax returns;
(15) after receipt of information pursuant to subsection (f), 
forward such information and provide the following reported Kansas 
individual income tax information for each listed defendant, if 
available, to the state board of indigents' defense services in an 
electronic format and in the manner determined by the secretary: (A) 
The defendant's name; (B) social security number; (C) Kansas adjusted 
gross income; (D) number of exemptions claimed; and (E) the relevant 
tax year of such records. Any social security number provided to the 
secretary and the state board of indigents' defense services pursuant to 
this section shall remain confidential; and
(16) disclose taxpayer information that is received from income 
tax returns to the department of commerce that may be disclosed  SENATE BILL No. 106—page 22
pursuant to the provisions of K.S.A. 2022 Supp. 74-50,227, and 
amendments thereto, for the purpose of including such information in 
the database required by K.S.A. 2022 Supp. 74-50,227, and 
amendments thereto.
(d) Any person receiving information under the provisions of 
subsection (c) shall be subject to the confidentiality provisions of 
subsection (b) and to the penalty provisions of subsection (e).
(e) Any violation of subsection (b) or (c) is a class A nonperson 
misdemeanor and, if the offender is an officer or employee of the state, 
such officer or employee shall be dismissed from office.
(f) For the purpose of determining whether a defendant is 
financially able to employ legal counsel under the provisions of K.S.A. 
22-4504, and amendments thereto, in all felony cases with appointed 
counsel where the defendant's social security number is accessible from 
the records of the district court, the court shall electronically provide 
the defendant's name, social security number, district court case number 
and county to the secretary of revenue in the manner and format agreed 
to by the office of judicial administration and the secretary.
(g) Nothing in this section shall be construed to allow disclosure 
of the amount of income or any particulars set forth or disclosed in any 
report, return, federal return or federal return information, where such 
disclosure is prohibited by the federal internal revenue code as in effect 
on September 1, 1996, and amendments thereto, related federal internal 
revenue rules or regulations, or other federal law.
Sec. 9. K.S.A. 8-1103, as amended by section 4 of 2023 House 
Bill No. 2147, 25-1122, as amended by section 1 of 2023 House Bill 
No. 2053, 25-1122, as amended by section 28 of 2023 Senate Bill No. 
221, 32-837, as amended by section 35 of 2023 House Bill No. 2332, 
32-906, as amended by section 52 of 2023 House Bill No. 2332, 75-
1253, as amended by section 127 of 2023 House Bill No. 2332, 75-
7240, as amended by section 15 of 2023 House Bill No. 2019, 75-7240, 
as amended by section 8 of 2023 House Bill No. 2395, 75-7242, as 
amended by section 16 of 2023 House Bill No. 2019, and 75-7242, as 
amended by section 9 of 2023 House Bill No. 2395, and K.S.A. 2022 
Supp. 21-6614, 21-6614i, 25-3009, as amended by section 48 of 2023 
Senate Bill No. 221, 25-3009, as amended by section 3 of 2023 House 
Bill No. 2053, 65-4101, 65-4101d, 79-3234, as amended by section 72 
of 2023 Senate Bill No. 244, and 79-3234, as amended by section 141 
of 2023 House Bill No. 2332, are hereby repealed.
Sec. 10. On and after January 1, 2024, K.S.A. 8-1103, as amended 
by section 1 of 2023 House Bill No. 2042, is hereby repealed. SENATE BILL No. 106—page 23
Sec. 11. This act shall take effect and be in force from and after its 
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
    Conference Committee Report ________________
_________________________
President of the Senate.  
_________________________
Secretary of the Senate.  
         
Passed the HOUSE
         as amended _________________________
HOUSE adopted
    Conference Committee Report ________________
_________________________
Speaker of the House.  
_________________________
Chief Clerk of the House.  
APPROVED _____________________________
_________________________
Governor.