| 6 | | - | Section 1. K.S.A. 2022 Supp. 75-7c05 is hereby amended to read as |
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| 7 | | - | follows: 75-7c05. (a) The application for a license pursuant to this act |
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| 8 | | - | shall be completed, under oath, on a form prescribed by the attorney |
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| 9 | | - | general and shall only include: |
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| 10 | | - | (1) (A) Subject to the provisions of subsection (a)(1)(B), the name, |
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| 11 | | - | address, social security number, Kansas driver's license number or Kansas |
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| 12 | | - | nondriver's license identification number, place and date of birth, a |
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| 13 | | - | photocopy of the applicant's driver's license or nondriver's identification |
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| 14 | | - | card and a photocopy of the applicant's certificate of training course |
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| 15 | | - | completion; (B) in the case of an applicant who presents proof that such |
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| 16 | | - | person is on active duty with any branch of the armed forces of the United |
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| 17 | | - | States, or is the dependent of such a person, and who does not possess a |
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| 18 | | - | Kansas driver's license or Kansas nondriver's license identification, the |
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| 19 | | - | number of such license or identification shall not be required; |
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| 20 | | - | (2) a statement that the applicant is in compliance with criteria |
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| 21 | | - | contained within K.S.A. 75-7c04, and amendments thereto; |
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| 22 | | - | (3) a statement that the applicant has been furnished a copy of this |
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| 23 | | - | act and is knowledgeable of its provisions; |
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| 24 | | - | (4) a conspicuous warning that the application is executed under oath |
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| 25 | | - | and that a false answer to any question, or the submission of any false |
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| 26 | | - | document by the applicant, subjects the applicant to criminal prosecution |
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| 27 | | - | under K.S.A. 2022 Supp. 21-5903, and amendments thereto; and |
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| 28 | | - | (5) a statement that the applicant desires a concealed handgun |
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| 29 | | - | license as a means of lawful self-defense. |
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| 30 | | - | (b) Except as otherwise provided in subsection (i), the applicant shall |
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| 31 | | - | submit to the sheriff of the county where the applicant resides, during any |
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| 32 | | - | normal business hours: |
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| 33 | | - | (1) A completed application described in subsection (a); |
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| 34 | | - | (2) a nonrefundable license fee of $132.50, if the applicant has not |
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| 35 | | - | previously been issued a statewide license or if the applicant's license has |
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| 36 | | - | permanently expired, which fee shall be in the form of two cashier's |
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| 37 | | - | checks, personal checks or money orders of an amount of $32.50 payable |
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| 38 | | - | to the sheriff of the county where the applicant resides and $100 payable |
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| 39 | | - | to the attorney general for the purpose of covering the cost of taking |
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| 40 | | - | fingerprints pursuant to subsection (c); |
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| 41 | | - | (3) if applicable, a photocopy of the proof of training required by |
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| 42 | | - | K.S.A. 75-7c04(b)(1), and amendments thereto; and |
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| 43 | | - | (4) a full frontal view photograph of the applicant taken within the |
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| 44 | | - | preceding 30 days. |
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| 45 | | - | (c) (1) Except as otherwise provided in subsection (i), the sheriff, |
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| 46 | | - | upon receipt of the items listed in subsection (b), shall provide for the full |
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| 47 | | - | set of fingerprints of the applicant to be taken and forwarded to the |
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| 48 | | - | attorney general for purposes of a criminal history records check as |
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| 49 | | - | provided by subsection (d). In addition, the sheriff shall forward the |
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| 50 | | - | application to the attorney general the application and the portion of the |
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| 51 | | - | original license fee which is payable to the attorney general. The cost of |
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| 52 | | - | taking such fingerprints shall be included in the portion of the fee retained |
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| 53 | | - | by the sheriff. Notwithstanding anything any provision in this section to |
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| 54 | | - | the contrary, an applicant shall not be required to submit fingerprints for a |
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| 55 | | - | renewal application under K.S.A. 75-7c08, and amendments thereto. |
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| 56 | | - | (2) The sheriff of the applicant's county of residence or the chief law |
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| 57 | | - | enforcement officer of any law enforcement agency, at the sheriff's or |
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| 58 | | - | chief law enforcement officer's discretion, may participate in the process |
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| 59 | | - | by submitting a voluntary report to the attorney general containing readily H Sub for SENATE BILL No. 116—page 2 |
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| 60 | | - | discoverable information, corroborated through public records, which, |
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| 61 | | - | when combined with another enumerated factor, establishes that the |
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| 62 | | - | applicant poses a significantly greater threat to law enforcement or the |
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| 63 | | - | public at large than the average citizen. Any such voluntary reporting |
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| 64 | | - | shall be made within 45 days after the date the sheriff receives the |
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| 65 | | - | application. Any sheriff or chief law enforcement officer submitting a |
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| 66 | | - | voluntary report shall not incur any civil or criminal liability as the |
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| 67 | | - | result of the good faith submission of such report. |
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| 68 | | - | (3) All funds retained by the sheriff pursuant to the provisions of |
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| 69 | | - | this section shall be credited to a special fund of the sheriff's office |
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| 70 | | - | which shall be used solely for the purpose of administering this act. |
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| 71 | | - | (d) Each applicant shall be subject to a state and national criminal |
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| 72 | | - | history records check which conforms to applicable federal standards, |
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| 73 | | - | including an inquiry of the national instant criminal background check |
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| 74 | | - | system for the purpose of verifying the identity of the applicant and |
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| 75 | | - | whether the applicant has been convicted of any crime or has been the |
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| 76 | | - | subject of any restraining order or any mental health related finding that |
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| 77 | | - | would disqualify the applicant from holding a license under this act. |
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| 78 | | - | The attorney general is authorized to use the information obtained from |
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| 79 | | - | the state or national criminal history record check to determine the |
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| 80 | | - | applicant's eligibility for such license. |
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| 81 | | - | (e) Within 90 days after the date of receipt of the items listed in |
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| 82 | | - | subsection (b), the attorney general shall: |
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| 83 | | - | (1) (A) Issue the license and certify the issuance to the department |
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| 84 | | - | of revenue; and |
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| 85 | | - | (B) if it is impractical for the division of vehicles of the |
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| 86 | | - | department of revenue to issue physical cards consistent with the |
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| 87 | | - | requirements of this act and the attorney general has determined that |
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| 88 | | - | the conditions for such impracticality have existed for at least 30 days, |
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| 89 | | - | the attorney general shall issue an authorization document in |
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| 90 | | - | accordance with K.S.A. 75-7c03(d), and amendments thereto; or |
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| 91 | | - | (2) deny the application based solely on: (A) The report submitted |
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| 92 | | - | by the sheriff or other chief law enforcement officer under subsection |
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| 93 | | - | (c)(2) for good cause shown therein; or (B) the ground that the |
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| 94 | | - | applicant is disqualified under the criteria listed in K.S.A. 75-7c04, and |
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| 95 | | - | amendments thereto. If the attorney general denies the application, the |
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| 96 | | - | attorney general shall notify the applicant in writing, stating the ground |
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| 97 | | - | for denial and informing the applicant the opportunity for a hearing |
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| 98 | | - | pursuant to the Kansas administrative procedure act. |
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| 99 | | - | (f) Each No person who is issued a license or has such license |
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| 100 | | - | renewed shall be required to pay to the department of revenue a fee for |
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| 101 | | - | the cost of the license which shall be in amounts equal to the fee |
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| 102 | | - | required pursuant to K.S.A. 8-243 and 8-246, and amendments thereto, |
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| 103 | | - | for replacement of a driver's license or renewal except as otherwise |
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| 104 | | - | provided in subsection (b) for the purpose of covering the cost of taking |
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| 105 | | - | fingerprints. |
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| 106 | | - | (g) (1) A person who is a retired law enforcement officer, as |
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| 107 | | - | defined in K.S.A. 2022 Supp. 21-5111, and amendments thereto, shall |
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| 108 | | - | be: (A) Required to pay an original license fee as provided in |
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| 109 | | - | subsection (b)(2), to be forwarded by the sheriff to the attorney general; |
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| 110 | | - | (B) Exempt from the required completion of a handgun safety and |
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| 111 | | - | training course if such person was certified by the Kansas commission |
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| 112 | | - | on peace officer's standards and training, or similar body from another |
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| 113 | | - | jurisdiction, not more than eight years prior to submission of the |
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| 114 | | - | application; (C) required to pay the license renewal fee; (D) required to |
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| 115 | | - | pay to the department of revenue the fees required by subsection (f); |
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| 116 | | - | and (E) (B) required to comply with the criminal history records check |
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| 117 | | - | requirement of this section. |
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| 118 | | - | (2) Proof of retirement as a law enforcement officer shall be H Sub for SENATE BILL No. 116—page 3 |
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| 119 | | - | required and provided to the attorney general in the form of a letter |
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| 120 | | - | from the agency head, or their designee, of the officer's retiring agency |
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| 121 | | - | that attests to the officer having retired in good standing from that |
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| 122 | | - | agency as a law enforcement officer for reasons other than mental |
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| 123 | | - | instability and that the officer has a nonforfeitable right to benefits |
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| 124 | | - | under a retirement plan of the agency. |
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| 125 | | - | (h) A person who is a corrections officer, a parole officer or a |
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| 126 | | - | corrections officer employed by the federal bureau of prisons, as |
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| 127 | | - | defined by K.S.A. 75-5202, and amendments thereto, shall be: (1) |
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| 128 | | - | Required to pay an original license fee as provided in subsection (b)(2); |
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| 129 | | - | (2) Exempt from the required completion of a handgun safety and |
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| 130 | | - | training course if such person was issued a certificate of firearms |
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| 131 | | - | training by the department of corrections or the federal bureau of |
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| 132 | | - | prisons or similar body not more than one year prior to submission of |
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| 133 | | - | the application; (3) required to pay the license renewal fee; (4) required |
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| 134 | | - | to pay to the department of revenue the fees required by subsection (f); |
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| 135 | | - | and (5) (2) required to comply with the criminal history records check |
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| 136 | | - | requirement of this section. |
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| 137 | | - | (i) A person who presents proof that such person is on active duty |
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| 138 | | - | with any branch of the armed forces of the United States and is |
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| 139 | | - | stationed at a United States military installation located outside this |
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| 140 | | - | state, may submit by mail an application described in subsection (a) |
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| 141 | | - | and the other materials required by subsection (b) to the sheriff of the |
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| 142 | | - | county where the applicant resides. Provided the applicant is |
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| 143 | | - | fingerprinted at a United States military installation, the applicant may |
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| 144 | | - | submit a full set of fingerprints of such applicant along with the |
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| 145 | | - | application. Upon receipt of such items, the sheriff shall forward to the |
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| 146 | | - | attorney general the application and the portion of the original license |
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| 147 | | - | fee which is payable to the attorney general. |
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| 148 | | - | Sec. 2. K.S.A. 2022 Supp. 75-7c08 is hereby amended to read as |
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| 149 | | - | follows: 75-7c08. (a) Not less than 90 days prior to the expiration date |
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| 150 | | - | of the license, the attorney general shall mail to the licensee a written |
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| 151 | | - | notice of the expiration and a renewal form prescribed by the attorney |
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| 152 | | - | general. The licensee shall renew the license on or before the expiration |
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| 153 | | - | date by filing with the attorney general the renewal form, a notarized |
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| 154 | | - | affidavit, either in person or by certified mail, stating that the licensee |
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| 155 | | - | remains qualified pursuant to the criteria specified in K.S.A. 75-7c04, |
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| 156 | | - | and amendments thereto, and a full frontal view photograph of the |
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| 157 | | - | applicant taken within the preceding 30 days and a nonrefundable |
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| 158 | | - | license renewal fee of $25 payable to the attorney general. The attorney |
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| 159 | | - | general shall complete a name-based background check, including a |
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| 160 | | - | search of the national instant criminal background check system |
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| 161 | | - | database. A licensee who fails to file a renewal application on or before |
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| 162 | | - | the expiration date of the license must pay an additional late fee of $15. |
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| 163 | | - | A renewal application is considered filed on the date the renewal form, |
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| 164 | | - | and affidavit, and required fees are delivered in person to the attorney |
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| 165 | | - | general's office or on the date a certified mailing to the attorney |
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| 166 | | - | general's office containing these items is postmarked. |
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| 167 | | - | (b) Upon receipt of a renewal application as specified in |
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| 168 | | - | subsection (a), a background check in accordance with K.S.A. 75- |
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| 169 | | - | 7c05(d), and amendments thereto, shall be completed. Fingerprints |
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| 170 | | - | shall not be required for renewal applications. If the licensee is not |
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| 171 | | - | disqualified as provided by this act, the license shall be renewed upon |
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| 172 | | - | receipt by the attorney general of the items listed in subsection (a) and |
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| 173 | | - | the completion of the background check. If the licensee holds a valid |
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| 174 | | - | provisional license at the time the renewal application is submitted, |
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| 175 | | - | then the attorney general shall issue a standard license to the licensee if |
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| 176 | | - | the licensee is not disqualified as provided by this act. |
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| 177 | | - | (c) No license shall be renewed if the renewal application is filed H Sub for SENATE BILL No. 116—page 4 |
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| 178 | | - | six months or more after the expiration date of the license, and such |
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| 179 | | - | license shall be deemed to be permanently expired. A person whose |
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| 180 | | - | license has been permanently expired may reapply for licensure but an |
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| 181 | | - | application for licensure and fees pursuant to K.S.A. 75-7c05, and |
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| 182 | | - | amendments thereto, shall be submitted, and a background |
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| 183 | | - | investigation including the submission of fingerprints, shall be |
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| 184 | | - | conducted pursuant to the provisions of that section. |
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| 185 | | - | Sec. 3. K.S.A. 2022 Supp. 75-7c05 and 75-7c08 are hereby |
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| 186 | | - | repealed. |
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| 187 | | - | Sec. 4. This act shall take effect and be in force from and after its |
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| 8 | + | Section 1. (a) For the purposes of promoting the safety and protection |
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| 9 | + | of students and emphasizing how students should respond when |
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| 10 | + | encountering a firearm, the board of education of a school district may |
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| 11 | + | provide firearm safety education programs. The state board of education |
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| 12 | + | shall establish curriculum guidelines for a standardized firearm safety |
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| 13 | + | education program. Such guidelines shall include, but not be limited to, |
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| 14 | + | accident prevention and, for students enrolled in: |
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| 15 | + | (1) Kindergarten and grades one through five, shall be based on the |
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| 16 | + | eddie eagle gunsafe program offered by the national rifle association or |
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| 17 | + | any successor program; |
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| 18 | + | (2) grades six through eight, shall be based on the eddie eagle gunsafe |
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| 19 | + | program offered by the national rifle association or any successor program |
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| 20 | + | or the hunter education in our schools program offered by the Kansas |
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| 21 | + | department of wildlife and parks or any successor program; and |
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| 22 | + | (3) grades nine through 12, shall be based on the hunter education in |
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| 23 | + | our schools program offered by the Kansas department of wildlife and |
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| 24 | + | parks or any successor program. |
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| 25 | + | (b) If a board of education elects to provide firearm safety education, |
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| 26 | + | such instruction shall be in accordance with the guidelines established by |
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| 27 | + | the state board of education and shall be offered to ensure that all students |
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| 28 | + | are provided the opportunity to take the course. |
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| 29 | + | Sec. 2. This act shall take effect and be in force from and after its |
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