House Substitute for SENATE BILL No. 116
AN ACT concerning the personal and family protection act; removing state agency fees for
licenses to carry concealed handguns; amending K.S.A. 2022 Supp. 75-7c05 and 75-
7c08 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2022 Supp. 75-7c05 is hereby amended to read as
follows: 75-7c05. (a) The application for a license pursuant to this act
shall be completed, under oath, on a form prescribed by the attorney
general and shall only include:
(1) (A) Subject to the provisions of subsection (a)(1)(B), the name,
address, social security number, Kansas driver's license number or Kansas
nondriver's license identification number, place and date of birth, a
photocopy of the applicant's driver's license or nondriver's identification
card and a photocopy of the applicant's certificate of training course
completion; (B) in the case of an applicant who presents proof that such
person is on active duty with any branch of the armed forces of the United
States, or is the dependent of such a person, and who does not possess a
Kansas driver's license or Kansas nondriver's license identification, the
number of such license or identification shall not be required;
(2) a statement that the applicant is in compliance with criteria
contained within K.S.A. 75-7c04, and amendments thereto;
(3) a statement that the applicant has been furnished a copy of this
act and is knowledgeable of its provisions;
(4) a conspicuous warning that the application is executed under oath
and that a false answer to any question, or the submission of any false
document by the applicant, subjects the applicant to criminal prosecution
under K.S.A. 2022 Supp. 21-5903, and amendments thereto; and
(5) a statement that the applicant desires a concealed handgun
license as a means of lawful self-defense.
(b) Except as otherwise provided in subsection (i), the applicant shall
submit to the sheriff of the county where the applicant resides, during any
normal business hours:
(1) A completed application described in subsection (a);
(2) a nonrefundable license fee of $132.50, if the applicant has not
previously been issued a statewide license or if the applicant's license has
permanently expired, which fee shall be in the form of two cashier's
checks, personal checks or money orders of an amount of $32.50 payable
to the sheriff of the county where the applicant resides and $100 payable
to the attorney general for the purpose of covering the cost of taking
fingerprints pursuant to subsection (c);
(3) if applicable, a photocopy of the proof of training required by
K.S.A. 75-7c04(b)(1), and amendments thereto; and
(4) a full frontal view photograph of the applicant taken within the
preceding 30 days.
(c) (1) Except as otherwise provided in subsection (i), the sheriff,
upon receipt of the items listed in subsection (b), shall provide for the full
set of fingerprints of the applicant to be taken and forwarded to the
attorney general for purposes of a criminal history records check as
provided by subsection (d). In addition, the sheriff shall forward the
application to the attorney general the application and the portion of the
original license fee which is payable to the attorney general. The cost of
taking such fingerprints shall be included in the portion of the fee retained
by the sheriff. Notwithstanding anything any provision in this section to
the contrary, an applicant shall not be required to submit fingerprints for a
renewal application under K.S.A. 75-7c08, and amendments thereto.
(2) The sheriff of the applicant's county of residence or the chief law
enforcement officer of any law enforcement agency, at the sheriff's or
chief law enforcement officer's discretion, may participate in the process
by submitting a voluntary report to the attorney general containing readily H Sub for SENATE BILL No. 116—page 2
discoverable information, corroborated through public records, which,
when combined with another enumerated factor, establishes that the
applicant poses a significantly greater threat to law enforcement or the
public at large than the average citizen. Any such voluntary reporting
shall be made within 45 days after the date the sheriff receives the
application. Any sheriff or chief law enforcement officer submitting a
voluntary report shall not incur any civil or criminal liability as the
result of the good faith submission of such report.
(3) All funds retained by the sheriff pursuant to the provisions of
this section shall be credited to a special fund of the sheriff's office
which shall be used solely for the purpose of administering this act.
(d) Each applicant shall be subject to a state and national criminal
history records check which conforms to applicable federal standards,
including an inquiry of the national instant criminal background check
system for the purpose of verifying the identity of the applicant and
whether the applicant has been convicted of any crime or has been the
subject of any restraining order or any mental health related finding that
would disqualify the applicant from holding a license under this act.
The attorney general is authorized to use the information obtained from
the state or national criminal history record check to determine the
applicant's eligibility for such license.
(e) Within 90 days after the date of receipt of the items listed in
subsection (b), the attorney general shall:
(1) (A) Issue the license and certify the issuance to the department
of revenue; and
(B) if it is impractical for the division of vehicles of the
department of revenue to issue physical cards consistent with the
requirements of this act and the attorney general has determined that
the conditions for such impracticality have existed for at least 30 days,
the attorney general shall issue an authorization document in
accordance with K.S.A. 75-7c03(d), and amendments thereto; or
(2) deny the application based solely on: (A) The report submitted
by the sheriff or other chief law enforcement officer under subsection
(c)(2) for good cause shown therein; or (B) the ground that the
applicant is disqualified under the criteria listed in K.S.A. 75-7c04, and
amendments thereto. If the attorney general denies the application, the
attorney general shall notify the applicant in writing, stating the ground
for denial and informing the applicant the opportunity for a hearing
pursuant to the Kansas administrative procedure act.
(f) Each No person who is issued a license or has such license
renewed shall be required to pay to the department of revenue a fee for
the cost of the license which shall be in amounts equal to the fee
required pursuant to K.S.A. 8-243 and 8-246, and amendments thereto,
for replacement of a driver's license or renewal except as otherwise
provided in subsection (b) for the purpose of covering the cost of taking
fingerprints.
(g) (1) A person who is a retired law enforcement officer, as
defined in K.S.A. 2022 Supp. 21-5111, and amendments thereto, shall
be: (A) Required to pay an original license fee as provided in
subsection (b)(2), to be forwarded by the sheriff to the attorney general;
(B) Exempt from the required completion of a handgun safety and
training course if such person was certified by the Kansas commission
on peace officer's standards and training, or similar body from another
jurisdiction, not more than eight years prior to submission of the
application; (C) required to pay the license renewal fee; (D) required to
pay to the department of revenue the fees required by subsection (f);
and (E) (B) required to comply with the criminal history records check
requirement of this section.
(2) Proof of retirement as a law enforcement officer shall be H Sub for SENATE BILL No. 116—page 3
required and provided to the attorney general in the form of a letter
from the agency head, or their designee, of the officer's retiring agency
that attests to the officer having retired in good standing from that
agency as a law enforcement officer for reasons other than mental
instability and that the officer has a nonforfeitable right to benefits
under a retirement plan of the agency.
(h) A person who is a corrections officer, a parole officer or a
corrections officer employed by the federal bureau of prisons, as
defined by K.S.A. 75-5202, and amendments thereto, shall be: (1)
Required to pay an original license fee as provided in subsection (b)(2);
(2) Exempt from the required completion of a handgun safety and
training course if such person was issued a certificate of firearms
training by the department of corrections or the federal bureau of
prisons or similar body not more than one year prior to submission of
the application; (3) required to pay the license renewal fee; (4) required
to pay to the department of revenue the fees required by subsection (f);
and (5) (2) required to comply with the criminal history records check
requirement of this section.
(i) A person who presents proof that such person is on active duty
with any branch of the armed forces of the United States and is
stationed at a United States military installation located outside this
state, may submit by mail an application described in subsection (a)
and the other materials required by subsection (b) to the sheriff of the
county where the applicant resides. Provided the applicant is
fingerprinted at a United States military installation, the applicant may
submit a full set of fingerprints of such applicant along with the
application. Upon receipt of such items, the sheriff shall forward to the
attorney general the application and the portion of the original license
fee which is payable to the attorney general.
Sec. 2. K.S.A. 2022 Supp. 75-7c08 is hereby amended to read as
follows: 75-7c08. (a) Not less than 90 days prior to the expiration date
of the license, the attorney general shall mail to the licensee a written
notice of the expiration and a renewal form prescribed by the attorney
general. The licensee shall renew the license on or before the expiration
date by filing with the attorney general the renewal form, a notarized
affidavit, either in person or by certified mail, stating that the licensee
remains qualified pursuant to the criteria specified in K.S.A. 75-7c04,
and amendments thereto, and a full frontal view photograph of the
applicant taken within the preceding 30 days and a nonrefundable
license renewal fee of $25 payable to the attorney general. The attorney
general shall complete a name-based background check, including a
search of the national instant criminal background check system
database. A licensee who fails to file a renewal application on or before
the expiration date of the license must pay an additional late fee of $15.
A renewal application is considered filed on the date the renewal form,
and affidavit, and required fees are delivered in person to the attorney
general's office or on the date a certified mailing to the attorney
general's office containing these items is postmarked.
(b) Upon receipt of a renewal application as specified in
subsection (a), a background check in accordance with K.S.A. 75-
7c05(d), and amendments thereto, shall be completed. Fingerprints
shall not be required for renewal applications. If the licensee is not
disqualified as provided by this act, the license shall be renewed upon
receipt by the attorney general of the items listed in subsection (a) and
the completion of the background check. If the licensee holds a valid
provisional license at the time the renewal application is submitted,
then the attorney general shall issue a standard license to the licensee if
the licensee is not disqualified as provided by this act.
(c) No license shall be renewed if the renewal application is filed H Sub for SENATE BILL No. 116—page 4
six months or more after the expiration date of the license, and such
license shall be deemed to be permanently expired. A person whose
license has been permanently expired may reapply for licensure but an
application for licensure and fees pursuant to K.S.A. 75-7c05, and
amendments thereto, shall be submitted, and a background
investigation including the submission of fingerprints, shall be
conducted pursuant to the provisions of that section.
Sec. 3. K.S.A. 2022 Supp. 75-7c05 and 75-7c08 are hereby
repealed.
Sec. 4. 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.