KS
Kansas Senate Bill SB491

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB491 Compare Versions

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1+Session of 2024
12 SENATE BILL No. 491
2-AN ACT concerning criminal history and record checks; relating to the Kansas bureau of
3-investigation; standardizing fingerprinting requirements and making conforming
4-amendments across statutes that authorize fingerprinting; defining people to be
5-fingerprinted; amending K.S.A. 2-3901, 2-3902, 2-3906, 2-3907, 2-3911, 7-127, 8-
6-2,142, 9-508, 9-509, 9-513e, 9-1719, 9-1722, 9-2201, 9-2209, 9-2301, 9-2302, 12-
7-1,120, 12-1679, 16a-6-104, 17-2234, 19-826, 39-969, 39-970, 39-2009, 40-5502, 40-
8-5504, 41-311b, 46-1103, 46-3301, 65-503, 65-1501a, 65-1505, 65-1696, 65-2401, 65-
9-2402, 65-2802, 65-2839a, 65-28,129, 65-2901, 65-3503, 65-4209, 65-5117, 73-
10-1210a, 74-1112, 74-2113, 74-4905, 74-50,182, 74-50,184, 74-5605, 74-5607, 74-
11-7511, 74-8704, 74-8705, 74-8763, 74-8769, 74-8803, 74-8805, 74-8806, 74-9802,
12-74-9804, 74-9805, 75-712, 75-7b01, 75-7b04, 75-7b21, 75-7e01, 75-7e03, 75-3707e,
13-75-4315d, 75-5133c, 75-5156, 75-53,105, 75-5609a and 75-7241 and K.S.A. 2023
14-Supp. 40-4905, 40-5505, 41-102, 50-6,126, 50-1128, 58-3035, 58-3039, 58-4102, 58-
15-4127, 58-4703, 58-4709, 65-516, 65-1120, 65-1626, 65-2924, 65-3407, 65-6129, 74-
16-5602, 74-8702, 74-8802, 74-8804, 75-7c02, 75-7c05, 75-5393a, 75-5393c and 75-
17-5397f and repealing the existing sections.
3+By Committee on Judiciary
4+2-8
5+AN ACT concerning criminal history and record checks; relating to the
6+Kansas bureau of investigation; standardizing fingerprinting
7+requirements and making conforming amendments across statutes that
8+authorize fingerprinting; defining people to be fingerprinted; amending
9+K.S.A. 2-3901, 2-3902, 2-3906, 2-3907, 2-3911, 7-127, 8-2,142, 9-508,
10+9-509, 9-513e, 9-1719, 9-1722, 9-2201, 9-2209, 9-2301, 9-2302, 12-
11+1,120, 12-1679, 16a-6-104, 17-2234, 19-826, 39-969, 39-970, 39-2009,
12+40-5502, 40-5504, 41-311b, 46-1103, 46-3301, 65-503, 65-1501a, 65-
13+1505, 65-1696, 65-2401, 65-2402, 65-2802, 65-2839a, 65-28,129, 65-
14+2901, 65-3503, 65-4209, 65-5117, 73-1210a, 74-1112, 74-2113, 74-
15+4905, 74-50,182, 74-50,184, 74-5605, 74-5607, 74-7511, 74-8704, 74-
16+8705, 74-8763, 74-8769, 74-8803, 74-8805, 74-8806, 74-9802, 74-
17+9804, 74-9805, 75-712, 75-7b01, 75-7b04, 75-7b21, 75-7e01, 75-7e03,
18+75-3707e, 75-4315d, 75-5133c, 75-5156, 75-53,105, 75-5609a and 75-
19+7241 and K.S.A. 2023 Supp. 40-4905, 40-5505, 41-102, 50-6,126, 50-
20+1128, 58-3035, 58-3039, 58-4102, 58-4127, 58-4703, 58-4709, 65-516,
21+65-1120, 65-1626, 65-2924, 65-3407, 65-6129, 74-5602, 74-8702, 74-
22+8802, 74-8804, 75-7c02, 75-7c05, 75-5393a, 75-5393c and 75-5397f
23+and repealing the existing sections.
1824 Be it enacted by the Legislature of the State of Kansas:
19-New Section 1. (a) A criminal justice agency as defined in K.S.A.
20-22-4701, and amendments thereto, shall require an applicant for
21-criminal justice employment to be fingerprinted and shall submit such
22-fingerprints to the Kansas bureau of investigation and the federal
25+New Section 1. (a) A criminal justice agency as defined in K.S.A. 22-
26+4701, and amendments thereto, shall require an applicant for criminal
27+justice employment to be fingerprinted and shall submit such fingerprints
28+to the Kansas bureau of investigation and the federal bureau of
29+investigation for a search of the state and federal database. Fingerprints
30+provided pursuant to this section may be used to identify a person and to
31+determine whether such person has a record of criminal history in this state
32+or in another jurisdiction. An agency identified in subsection (b) may use
33+the information obtained from the criminal history record check for the
34+purposes of verifying the identification of a person and in the official
35+determination of the qualifications and fitness of such person to be
36+employed or to maintain employment.
37+(b) The Kansas bureau of investigation shall release criminal history
38+record information related to adult convictions, adult non-convictions,
39+adult diversions, adult expunged records, juvenile adjudications, juvenile
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76+non-adjudications and juvenile diversions to:
77+(1) A city clerk for the position of chief of police as described in
78+K.S.A. 12-1,120, and amendments thereto;
79+(2) a county election officer for a candidate for sheriff as described in
80+K.S.A. 19-826, and amendments thereto;
81+(3) the governor for an appointment to the position of Kansas
82+highway patrol superintendent as described in K.S.A. 74-2113, and
83+amendments thereto; and
84+(4) a state, county, city, university, railroad, tribal, horsethief reservoir
85+benefit district or school law enforcement agency for the purpose of
86+admitting applicants as defined in K.S.A. 74-5602, and amendments
87+thereto, in connection with such application as described in K.S.A. 74-
88+5605, and amendments thereto.
89+(c) In addition to the disclosure in subsection (b), the Kansas bureau
90+of investigation shall certify any adult conviction record, if such record is
91+found, of a chief of police or candidate for sheriff to the Kansas attorney
92+general.
93+(d) (1) Fingerprints and criminal history record information received
94+pursuant to this section shall be confidential and shall not be subject to the
95+provisions of the Kansas open records act, K.S.A. 45-215 et seq., and
96+amendments thereto. The provisions of this paragraph shall expire on July
97+1, 2029, unless the legislature reviews and reenacts this provision pursuant
98+to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029. 
99+(2) Disclosure or use of any information received pursuant to this
100+section for any purpose other than the purpose described in this section
101+shall be a class A nonperson misdemeanor and shall constitute grounds for
102+removal from office.
103+New Sec. 2. (a) A governmental agency other than a criminal justice
104+agency as defined in K.S.A. 22-4701, and amendments thereto, identified
105+in subsection (b) may require a person to be fingerprinted and shall submit
106+such fingerprints to the Kansas bureau of investigation and the federal
23107 bureau of investigation for a search of the state and federal database.
24108 Fingerprints provided pursuant to this section may be used to identify a
25109 person and to determine whether such person has a record of criminal
26110 history in this state or in another jurisdiction. An agency identified in
27-subsection (b) may use the information obtained from the criminal
28-history record check for the purposes of verifying the identification of a
29-person and in the official determination of the qualifications and fitness
30-of such person to be employed or to maintain employment.
31-(b) The Kansas bureau of investigation shall release criminal
32-history record information related to adult convictions, adult non-
33-convictions, adult diversions, adult expunged records, juvenile
34-adjudications, juvenile non-adjudications and juvenile diversions to:
35-(1) A city clerk for the position of chief of police as described in
36-K.S.A. 12-1,120, and amendments thereto;
37-(2) a county election officer for a candidate for sheriff as
38-described in K.S.A. 19-826, and amendments thereto;
39-(3) the governor for an appointment to the position of Kansas
40-highway patrol superintendent as described in K.S.A. 74-2113, and
41-amendments thereto; and
42-(4) a state, county, city, university, railroad, tribal, horsethief
43-reservoir benefit district or school law enforcement agency for the
44-purpose of admitting applicants as defined in K.S.A. 74-5602, and
45-amendments thereto, in connection with such application as described
46-in K.S.A. 74-5605, and amendments thereto.
47-(c) In addition to the disclosure in subsection (b), the Kansas
48-bureau of investigation shall certify any adult conviction record, if such
49-record is found, of a chief of police or candidate for sheriff to the
50-Kansas attorney general.
51-(d) (1) Fingerprints and criminal history record information
52-received pursuant to this section shall be confidential and shall not be
53-subject to the provisions of the Kansas open records act, K.S.A. 45-215
54-et seq., and amendments thereto. The provisions of this paragraph shall
55-expire on July 1, 2029, unless the legislature reviews and reenacts this
56-provision pursuant to K.S.A. 45-229, and amendments thereto, prior to
57-July 1, 2029. 
58-(2) Disclosure or use of any information received pursuant to this
59-section for any purpose other than the purpose described in this section
60-shall be a class A nonperson misdemeanor and shall constitute grounds
61-for removal from office.
62-New Sec. 2. (a) A governmental agency other than a criminal SENATE BILL No. 491—page 2
63-justice agency as defined in K.S.A. 22-4701, and amendments thereto,
64-identified in subsection (b) may require a person to be fingerprinted and
65-shall submit such fingerprints to the Kansas bureau of investigation and
66-the federal bureau of investigation for a search of the state and federal
67-database. Fingerprints provided pursuant to this section may be used to
68-identify a person and to determine whether such person has a record of
69-criminal history in this state or in another jurisdiction. An agency
70-identified in subsection (b) may use the information obtained from the
71-criminal history record check for the purposes of verifying the
72-identification of a person and in the official determination of the
73-qualifications and fitness of such person to be issued or maintain
74-employment, licensure, registration, certification or a permit, act as an
75-agent of a licensee, hold ownership of a licensee or serve as a director
76-or officer of a licensee.
77-(b) (1) The Kansas bureau of investigation shall release criminal
78-history record information related to adult convictions, adult non-
79-convictions, adult diversions, adult expunged records, juvenile
80-adjudications, juvenile non-adjudications, juvenile diversions and
81-juvenile expunged records to the Kansas department for children and
82-families or the Kansas department for aging and disability services for
83-initial or continuing employment or participation in any program
84-administered for the placement, safety, protection or treatment of
85-vulnerable children or adults as described in K.S.A. 75-53,105, and
86-amendments thereto.
87-(2) The Kansas bureau of investigation shall release criminal
88-history record information related to adult convictions, adult non-
89-convictions, adult diversions, adult expunged records and juvenile
90-expunged records to:
111+subsection (b) may use the information obtained from the criminal history
112+record check for the purposes of verifying the identification of a person
113+and in the official determination of the qualifications and fitness of such
114+person to be issued or maintain employment, licensure, registration,
115+certification or a permit, act as an agent of a licensee, hold ownership of a
116+licensee or serve as a director or officer of a licensee.
117+(b) (1) The Kansas bureau of investigation shall release criminal history
118+record information related to adult convictions, adult non-convictions,
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162+adult diversions, adult expunged records, juvenile adjudications, juvenile
163+non-adjudications, juvenile diversions and juvenile expunged records to
164+the Kansas department for children and families or the Kansas department
165+for aging and disability services for initial or continuing employment or
166+participation in any program administered for the placement, safety,
167+protection or treatment of vulnerable children or adults as described in
168+K.S.A. 75-53,105, and amendments thereto.
169+(2) The Kansas bureau of investigation shall release criminal history
170+record information related to adult convictions, adult non-convictions,
171+adult diversions, adult expunged records and juvenile expunged records to:
91172 (A) The state lottery for candidates for employees as defined in
92173 K.S.A. 74-8702, and amendments thereto, in connection with such
93174 employment as described in K.S.A. 74-8704, and amendments thereto;
94-and
95175 (B) the Kansas racing and gaming commission for candidates for
96176 employees or licensees as defined in K.S.A. 74-8802, and amendments
97177 thereto, in connection with such employment or license as described in
98178 K.S.A. 74-8804, and amendments thereto, including an applicant for a
99-simulcasting license.
100-(3) The Kansas bureau of investigation shall release criminal
101-history record information related to adult convictions, adult non-
102-convictions, adult diversions, adult expunged records, juvenile
103-adjudications, juvenile non-adjudications and juvenile diversions to:
104-(A) The emergency medical services board for applicants as
105-defined in K.S.A. 65-6129, and amendments thereto, in connection
106-with such application as described in K.S.A. 65-6129, and amendments
107-thereto;
108-(B) the attorney general for applicants as defined in K.S.A 75-
109-7c01, and amendments thereto, in connection with such application as
110-described in K.S.A. 75-7c05, and amendments thereto; and
111-(C) the department of administration for candidates for sensitive
179+simulcasting license; and
180+(C) the attorney general for applicants as defined in K.S.A. 75-7b01,
181+and amendments thereto, in connection with such application as described
182+in K.S.A. 75-7b04, and amendments thereto.
183+(3) The Kansas bureau of investigation shall release criminal history
184+record information related to adult convictions, adult non-convictions,
185+adult diversions, adult expunged records, juvenile adjudications, juvenile
186+non-adjudications and juvenile diversions to:
187+(A) The attorney general for applicants as defined in K.S.A 75-7c01,
188+and amendments thereto, in connection with such application as described
189+in K.S.A. 75-7c05, and amendments thereto; and
190+(B) the department of administration for candidates for sensitive
112191 employees as defined in K.S.A. 75-3707e, and amendments thereto, in
113-connection with such employment as described in K.S.A. 75-3707e,
114-and amendments thereto.
115-(4) The Kansas bureau of investigation shall release criminal
116-history record information related to adult convictions, adult non-
117-convictions, adult diversions and adult expunged records to:
192+connection with such employment as described in K.S.A. 75-3707e, and
193+amendments thereto.
194+(4) The Kansas bureau of investigation shall release criminal history
195+record information related to adult convictions, adult non-convictions,
196+adult diversions and adult expunged records to:
118197 (A) The supreme court and state board of law examiners for
119198 applicants as defined in K.S.A. 7-127, and amendments thereto, in
120199 connection with such application as described in K.S.A. 7-127, and
121-amendments thereto; SENATE BILL No. 491—page 3
200+amendments thereto;
122201 (B) the state gaming agency for candidates for employees and
123202 licensees as defined in K.S.A. 74-9802, and amendments thereto, in
124203 connection with such employment or license as described in K.S.A. 74-
125204 9805, and amendments thereto;
126-(C) the attorney general for applicants as defined in K.S.A. 75-
127-7b01, and amendments thereto, in connection with such application as
128-described in K.S.A. 75-7b04, and amendments thereto;
129-(D) the attorney general for applicants as defined in K.S.A. 75-
130-7b01, and amendments thereto, in connection with such application for
131-certification as described in K.S.A. 75-7b21, and amendments thereto;
132-and
133-(E) the commission on peace officers' standards and training for
134-applicants for certification under the Kansas law enforcement training
135-act as described in K.S.A. 74-5607, and amendments thereto.
136-(5)  The Kansas bureau of investigation shall release criminal
137-history record information related to adult convictions, adult non-
138-convictions, adult diversions and juvenile adjudications to:
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248+(C) the attorney general for applicants as defined in K.S.A. 75-7b01,
249+and amendments thereto, in connection with such application for
250+certification as described in K.S.A. 75-7b21, and amendments thereto; and
251+(D) the commission on peace officers' standards and training for
252+applicants for certification under the Kansas law enforcement training act
253+as described in K.S.A. 74-5607, and amendments thereto.
254+(5)  The Kansas bureau of investigation shall release criminal history
255+record information related to adult convictions, adult non-convictions,
256+adult diversions and juvenile adjudications to:
139257 (A) The athletic commission within the Kansas department of
140-commerce for a candidate for boxing commission as defined in K.S.A.
141-74-50,182, and amendments thereto, in connection with such
142-appointment as described in K.S.A. 74-50,184, and amendments
143-thereto; and
144-(B) the secretary of health and environment for employees at a
145-child care facility as defined in K.S.A. 65-503, and amendments
146-thereto, in connection with such employment as described in K.S.A.
147-65-516, and amendments thereto.
148-(6) The Kansas bureau of investigation shall release criminal
149-history record information related to adult convictions and juvenile
150-adjudications to:
151-(A) The secretary for aging and disability services for applicants
152-as defined in K.S.A. 39-970, and amendments thereto, in connection
153-with such application as described in K.S.A. 39-970, and amendments
154-thereto;
258+commerce for a candidate for boxing commission as defined in K.S.A. 74-
259+50,182, and amendments thereto, in connection with such appointment as
260+described in K.S.A. 74-50,184, and amendments thereto; and
261+(B) the secretary of health and environment for employees at a child
262+care facility as defined in K.S.A. 65-503, and amendments thereto, in
263+connection with such employment as described in K.S.A. 65-516, and
264+amendments thereto.
265+(6) The Kansas bureau of investigation shall release criminal history
266+record information related to adult convictions and juvenile adjudications
267+to:
268+(A) The secretary for aging and disability services for applicants as
269+defined in K.S.A. 39-970, and amendments thereto, in connection with
270+such application as described in K.S.A. 39-970, and amendments thereto;
155271 (B) the Kansas department for aging and disability services for
156272 applicants as defined in K.S.A. 39-2009, and amendments thereto, in
157273 connection with such application as described in K.S.A. 39-2009, and
158274 amendments thereto; and
159275 (C) the secretary for aging and disability services for applicants as
160276 defined in K.S.A. 65-5117, and amendments thereto, in connection with
161-such application as described in K.S.A. 65-5117, and amendments
162-thereto.
163-(7) The Kansas bureau of investigation shall release criminal
164-history record information related to adult convictions and adult non-
165-convictions to:
166-(A) The division of motor vehicles within the department of
167-revenue for applicants for reinstatement of a license to drive a
168-commercial motor vehicle as described in K.S.A. 8-2,142, and
277+such application as described in K.S.A. 65-5117, and amendments thereto.
278+(7) The Kansas bureau of investigation shall release criminal history
279+record information related to adult convictions and adult non-convictions
280+to:
281+(A) The division of motor vehicles within the department of revenue
282+for applicants for reinstatement of a license to drive a commercial motor
283+vehicle as described in K.S.A. 8-2,142, and amendments thereto;
284+(B) the board of examiners in optometry for applicants or licensees as
285+defined in K.S.A. 65-1501, and amendments thereto, in connection with
286+such application or an investigation as described in K.S.A. 65-1505, and
169287 amendments thereto;
170-(B) the board of examiners in optometry for applicants or
171-licensees as defined in K.S.A. 65-1501, and amendments thereto, in
172-connection with such application or an investigation as described in
173-K.S.A. 65-1505, and amendments thereto;
174288 (C) the board of pharmacy for fingerprint candidates as defined in
175289 K.S.A. 65-1626, and amendments thereto, in connection with such
176290 application or license as described in K.S.A. 65-1696, and amendments
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177334 thereto;
178-(D) the state board of healing arts for applicants or licensees as
179-defined in K.S.A. 65-2802, and amendments thereto, in connection
180-with such application or an investigation as described in K.S.A. 65- SENATE BILL No. 491—page 4
181-28,129, and amendments thereto;
335+(D) the state board of healing arts for an applicant or licensee as
336+defined in K.S.A. 65-28,102, and amendments thereto, in connection with
337+such application or an investigation as described in K.S.A. 65-28,129, and
338+amendments thereto;
182339 (E) the state board of healing arts for applicants or licensees as
183-defined in K.S.A. 65-2901, and amendments thereto, in connection
184-with such application or an investigation as described in K.S.A. 65-
185-2924, and amendments thereto;
186-(F) the board of nursing for applicants as defined in K.S.A. 74-
187-1112, and amendments thereto, in connection with such application as
188-described in K.S.A. 74-1112, and amendments thereto;
189-(G) the behavioral sciences regulatory board for licensees as
190-defined in K.S.A. 74-7511, and amendments thereto, in connection with
191-such application or license as described in K.S.A. 74-7511, and
340+defined in K.S.A. 65-2901, and amendments thereto, in connection with
341+such application or an investigation as described in K.S.A. 65-2924, and
192342 amendments thereto;
193-(H) the state lottery for a vendor to whom a major procurement
194-contract is to be awarded in connection with an investigation as
195-described in K.S.A. 74-8705, and amendments thereto;
196-(I)  the attorney general for appointees of the governor to positions
197-subject to confirmation by the senate and judicial appointees as
198-described in K.S.A. 75-712, and amendments thereto;
199-(J) appointing authorities as defined in K.S.A. 75-4315d, and
343+(F) the emergency medical services board for applicants as defined in
344+K.S.A. 65-6129, and amendments thereto, in connection with such
345+application as described in K.S.A. 65-6129, and amendments thereto;
346+(G) the board of nursing for applicants as defined in K.S.A. 74-1112,
347+and amendments thereto, in connection with such application as described
348+in K.S.A. 74-1112, and amendments thereto;
349+(H) the behavioral sciences regulatory board for a licensee as defined
350+in K.S.A. 74-7511, and amendments thereto, in connection with such
351+application or license as described in K.S.A. 74-7511, and amendments
352+thereto;
353+(I) the state lottery for a vendor to whom a major procurement
354+contract is to be awarded in connection with an investigation as described
355+in K.S.A. 74-8705, and amendments thereto;
356+(J)  the attorney general for appointees of the governor to positions
357+subject to confirmation by the senate and judicial appointees as described
358+in K.S.A. 75-712, and amendments thereto;
359+(K) appointing authorities as defined in K.S.A. 75-4315d, and
200360 amendments thereto, for nongubernatorial appointees as described in
201361 K.S.A. 75-4315d, and amendments thereto;
202-(K) the Kansas real estate commission for applicants as defined in
203-K.S.A. 58-3035, and amendments thereto, or for licensees as defined in
362+(L) the Kansas real estate commission for an applicant as defined in
363+K.S.A. 58-3035, and amendments thereto, or for a licensee as defined in
204364 K.S.A. 58-3035, and amendments thereto, in connection with an
205-investigation as described in K.S.A. 58-3039, and amendments thereto;
206-(L) the insurance commissioner for applicants for licensure as an
207-insurance agent as defined in K.S.A. 40-4902, and amendments thereto,
208-in connection with such application as described in K.S.A. 40-4905,
209-and amendments thereto; and
210-(M) the insurance commissioner for applicants as defined in
211-K.S.A. 40-5501, and amendments thereto, in connection with such
212-application as described in K.S.A. 40-5505, and amendments thereto.
213-(8) The Kansas bureau of investigation shall release criminal
214-history record information related to adult convictions to:
215-(A) The department of agriculture for hemp employees as defined
216-in K.S.A. 2-3901, and amendments thereto, in connection with such
365+investigation as described in K.S.A. 58-3039, and amendments thereto.
366+(8) The Kansas bureau of investigation shall release criminal history
367+record information related to adult convictions to:
368+(A) The department of agriculture for hemp employees as defined in
369+K.S.A. 2-3901, and amendments thereto, in connection with such
217370 employment as described in K.S.A. 2-3902, and amendments thereto;
218-(B) the department of agriculture for applicants for licensure as a
219-hemp producer as defined in K.S.A. 2-3901, and amendments thereto,
220-in connection with such application as described in K.S.A. 2-3906, and
371+(B) The department of agriculture for an applicant for licensure as a
372+hemp producer as defined in K.S.A. 2-3901, and amendments thereto, in
373+connection with such application as described in K.S.A. 2-3906, and
221374 amendments thereto;
222-(C) the office of state fire marshal for applicants for registration as
223-a hemp processor as defined in K.S.A. 2-3901, and amendments
224-thereto, in connection with such application as described in K.S.A. 2-
225-3907, and amendments thereto;
226-(D) the department of agriculture for hemp destruction employees
227-as defined in K.S.A. 2-3901, and amendments thereto, in connection
228-with such employment as described in K.S.A. 2-3911, and amendments
375+(C) the office of state fire marshal for applicants for registration as a
376+hemp processor as defined in K.S.A. 2-3901, and amendments thereto, in
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420+connection with such application as described in K.S.A. 2-3907, and
421+amendments thereto;
422+(D) the department of agriculture for hemp destruction employees as
423+defined in K.S.A. 2-3901, and amendments thereto, in connection with
424+such employment as described in K.S.A. 2-3911, and amendments thereto;
425+(E) the bank commissioner for any applicant as defined in K.S.A. 9-
426+508, and amendments thereto, in connection with such application as
427+described in K.S.A. 9-509, and amendments thereto;
428+(F) the bank commissioner for an applicant for employment as a new
429+executive officer or director with a money transmitter company as
430+described in K.S.A. 9-513e, and amendments thereto;
431+(G) the bank commissioner for any applicant as defined in K.S.A. 9-
432+1719, and amendments thereto, in connection with such application as
433+described in K.S.A. 9-1722, and amendments thereto;
434+(H) the bank commissioner for an applicant, registrant or licensee as
435+defined in K.S.A. 9-2201, and amendments thereto, in connection with
436+such application, registration or license as described in K.S.A. 9-2209, and
437+amendments thereto;
438+(I) the state banking board for any officer, director or organizer of a
439+proposed fiduciary financial institution as defined in K.S.A. 9-2301, and
440+amendments thereto, in connection with such role as described in K.S.A.
441+9-2302, and amendments thereto;
442+(J) municipalities for the an applicant for merchant or security police
443+as described in K.S.A. 12-1679, and amendments thereto;
444+(K) the bank commissioner for an applicant as defined in K.S.A. 16a-
445+6-104, and amendments thereto, in connection with such application as
446+described in K.S.A. 16a-6-104, and amendments thereto;
447+(L) the state department of credit unions for every candidate as
448+defined in K.S.A. 17-2234, and amendments thereto, in connection with
449+such employment as described in K.S.A. 17-2234, and amendments
229450 thereto;
230-(E) the bank commissioner for any applicant as defined in K.S.A.
231-9-508, and amendments thereto, in connection with such application as
232-described in K.S.A. 9-509, and amendments thereto;
233-(F) the bank commissioner for an applicant for employment as a
234-new executive officer or director with a money transmitter company as
235-described in K.S.A. 9-513e, and amendments thereto;
236-(G) the bank commissioner for any applicant as defined in K.S.A.
237-9-1719, and amendments thereto, in connection with such application
238-as described in K.S.A. 9-1722, and amendments thereto;
239-(H) the bank commissioner for an applicant, registrant or licensee SENATE BILL No. 491—page 5
240-as defined in K.S.A. 9-2201, and amendments thereto, in connection
241-with such application, registration or license as described in K.S.A. 9-
242-2209, and amendments thereto;
243-(I) the state banking board for any officer, director or organizer of
244-a proposed fiduciary financial institution as defined in K.S.A. 9-2301,
245-and amendments thereto, in connection with such role as described in
246-K.S.A. 9-2302, and amendments thereto;
247-(J) municipalities for applicants for merchant or security police as
248-described in K.S.A. 12-1679, and amendments thereto;
249-(K) the bank commissioner for applicants as defined in K.S.A.
250-16a-6-104, and amendments thereto, in connection with such
251-application as described in K.S.A. 16a-6-104, and amendments thereto;
252-(L) the state department of credit unions for every candidate as
253-defined in K.S.A. 17-2234, and amendments thereto, in connection
254-with such employment as described in K.S.A. 17-2234, and
451+(M) the insurance commissioner for applicants for licensure as an
452+insurance agent as defined in K.S.A. 40-4902, and amendments thereto, in
453+connection with such application as described in K.S.A. 40-4905, and
255454 amendments thereto;
256-(M) the division of alcoholic beverage control within the
257-department of revenue for applicants as defined in K.S.A. 41-102, and
258-amendments thereto, in connection with such application as described
259-in K.S.A. 41-311b, and amendments thereto;
260-(N) the division of post audit for employees as defined in K.S.A.
261-46-1103, and amendments thereto, in connection with such
262-employment as described in K.S.A. 46-1103, and amendments thereto;
263-(O) the bank commissioner for licensees as defined in K.S.A. 50-
455+(N) the insurance commissioner for applicants as defined in K.S.A.
456+40-5501, and amendments thereto, in connection with such application as
457+described in K.S.A. 40-5505, and amendments thereto;
458+(O) the division of alcoholic beverage control within the department
459+of revenue for applicants as defined in K.S.A. 41-102, and amendments
460+thereto, in connection with such application as described in K.S.A. 41-
461+311b, and amendments thereto;
462+(P) the division of post audit for employees as defined in K.S.A. 46-
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506+1103, and amendments thereto, in connection with such employment as
507+described in K.S.A. 46-1103, and amendments thereto;
508+(Q) the bank commissioner for any licensee as defined in K.S.A. 50-
264509 1126, and amendments thereto, in connection with such license as
265510 described in K.S.A. 50-1128, and amendments thereto;
266-(P) the real estate appraisal board for licensees as defined in
267-K.S.A. 58-4102, and amendments thereto, in connection with an
268-application or investigation as described in K.S.A. 58-4127, and
269-amendments thereto;
270-(Q) the real estate appraisal board for applicants as defined in
511+(R) the real estate appraisal board for a licensee as defined in K.S.A.
512+58-4102, and amendments thereto, in connection with an application or
513+investigation as described in K.S.A. 58-4127, and amendments thereto;
514+(S) the real estate appraisal board for an applicant as defined in
271515 K.S.A. 58-4703, and amendments thereto, in connection with such
272516 application as described in K.S.A. 58-4709, and amendments thereto;
273-(R) the department of health and environment for an employee as
274-defined in K.S.A. 65-2401, and amendments thereto, in connection
275-with such employment as described in K.S.A. 65-2402, and
517+(T) the department of health and environment for an employee as
518+defined in K.S.A. 65-2401, and amendments thereto, in connection with
519+such employment as described in K.S.A. 65-2402, and amendments
520+thereto;
521+(U) the Kansas commission on veterans affairs office for candidates
522+as defined in K.S.A. 73-1210a, and amendments thereto, in connection
523+with an application as described in K.S.A. 73-1210a, and amendments
524+thereto;
525+(V) a senate standing committee for a member named, appointed or
526+elected to the public employee retirement systems board of trustee
527+membership as described in K.S.A. 74-4905, and amendments thereto;
528+(W)  the attorney general for applicants as defined in K.S.A. 75-7e01,
529+and amendments thereto, in connection with such application as described
530+in K.S.A. 75-7e03, and amendments thereto;
531+(X) appointing authorities as defined in K.S.A. 75-4315d, and
532+amendments thereto, for nongubernatorial appointees as described in
533+K.S.A. 75-4315d, and amendments thereto;
534+(Y) the department of revenue for employees as defined in K.S.A. 75-
535+5133c, and amendments thereto, in connection with such employment as
536+described in K.S.A. 75-5133c, and amendments thereto;
537+(Z) the divison of motor vehicles within the department of revenue
538+for employees as defined in K.S.A. 75-5156, and amendments thereto, in
539+connection with such employment as described in K.S.A. 75-5156, and
276540 amendments thereto;
277-(S) the Kansas commission on veterans affairs office for
278-candidates as defined in K.S.A. 73-1210a, and amendments thereto, in
279-connection with an application as described in K.S.A. 73-1210a, and
280-amendments thereto;
281-(T) a senate standing committee for a member named, appointed
282-or elected to the public employee retirement systems board of trustee
283-membership as described in K.S.A. 74-4905, and amendments thereto;
284-(U)  the attorney general for applicants as defined in K.S.A. 75-
285-7e01, and amendments thereto, in connection with such application as
286-described in K.S.A. 75-7e03, and amendments thereto;
287-(V) the department of revenue for employees as defined in K.S.A.
288-75-5133c, and amendments thereto, in connection with such
289-employment as described in K.S.A. 75-5133c, and amendments thereto;
290-(W) the divison of motor vehicles within the department of
291-revenue for employees as defined in K.S.A. 75-5156, and amendments
292-thereto, in connection with such employment as described in K.S.A.
293-75-5156, and amendments thereto;
294-(X) the Kansas commission for the deaf and hard of hearing for
541+(AA) the Kansas commission for the deaf and hard of hearing for
295542 applicants as defined in K.S.A. 75-5397f, and amendments thereto, in
296543 connection with such application as described in K.S.A. 75-5393a, and
297544 amendments thereto;
298-(Y) the Kansas commission for the deaf and hard of hearing for SENATE BILL No. 491—page 6
545+(BB) the Kansas commission for the deaf and hard of hearing for
299546 employees as defined in K.S.A. 75-5397f, and amendments thereto, in
300-connection with such employment as described in K.S.A. 75-5393c,
301-and amendments thereto;
302-(Z) the department of health and environment for employees as
303-defined in K.S.A. 75-5609a, and amendments thereto, in connection
304-with such employment as described in K.S.A. 75-5609a, and
305-amendments thereto; and
306-(AA) an executive branch agency head for employees as defined
307-in K.S.A. 75-7241, and amendments thereto, in connection with such
547+connection with such employment as described in K.S.A. 75-5393c, and
548+amendments thereto;
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592+(CC) the department of health and environment for employees as
593+defined in K.S.A. 75-5609a, and amendments thereto, in connection with
594+such employment as described in K.S.A. 75-5609a, and amendments
595+thereto; and
596+(DD) an executive branch agency head for employees as defined in
597+K.S.A. 75-7241, and amendments thereto, in connection with such
308598 employment as described in K.S.A. 75-7241, and amendments thereto.
309-(c) State and local law enforcement agencies shall assist with
310-taking fingerprints of individuals as authorized by this section.
599+(c) State and local law enforcement agencies shall assist with taking
600+fingerprints of individuals as authorized by this section.
311601 (d) Any board, commission, committee or other public body shall
312602 recess into a closed executive session pursuant to K.S.A. 75-4319, and
313603 amendments thereto, to receive and discuss criminal history record
314604 information obtained pursuant to this section.
315-(e) The Kansas bureau of investigation may charge a reasonable
316-fee for conducting a criminal history record check.
317-(f) (1) Fingerprints and criminal history record information
318-received pursuant to this section shall be confidential and shall not be
319-subject to the provisions of the Kansas open records act, K.S.A. 45-215
320-et seq., and amendments thereto. The provisions of this paragraph shall
321-expire on July 1, 2029, unless the legislature reviews and reenacts this
322-provision pursuant to K.S.A. 45-229, and amendments thereto, prior to
323-July 1, 2029. 
605+(e) The Kansas bureau of investigation may charge a reasonable fee
606+for conducting a criminal history record check.
607+(f) (1) Fingerprints and criminal history record information received
608+pursuant to this section shall be confidential and shall not be subject to the
609+provisions of the Kansas open records act, K.S.A. 45-215 et seq., and
610+amendments thereto. The provisions of this paragraph shall expire on July
611+1, 2029, unless the legislature reviews and reenacts this provision pursuant
612+to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029. 
324613 (2) Disclosure or use of any information received pursuant to this
325614 section for any purpose other than the purpose described in this section
326-shall be a class A nonperson misdemeanor and shall constitute grounds
327-for removal from office.
328-New Sec. 3. (a) A governmental agency other than a criminal
329-justice agency as defined in K.S.A. 22-4701, and amendments thereto,
330-identified in subsection (b) may require a name-based criminal history
331-record check of a person from the Kansas bureau of investigation from
332-the state database. An agency identified in subsection (b) may use the
333-information obtained from the criminal history record check for the
334-purposes of determining whether the person has a record of criminal
335-history in this state that would prohibit such person from employment,
336-licensure, registration or obtaining a permit.
615+shall be a class A nonperson misdemeanor and shall constitute grounds for
616+removal from office.
617+New Sec. 3. (a) A governmental agency other than a criminal justice
618+agency as defined in K.S.A. 22-4701, and amendments thereto, identified
619+in subsection (b) may require a name-based criminal history record check
620+of a person from the Kansas bureau of investigation from the state
621+database. An agency identified in subsection (b) may use the information
622+obtained from the criminal history record check for the purposes of
623+determining whether the person has a record of criminal history in this
624+state that would prohibit such person from employment, licensure,
625+registration or obtaining a permit.
337626 (b) (1) The Kansas bureau of investigation shall release criminal
338627 history record information related to adult convictions and adult non-
339628 convictions to:
340-(A) The state board of healing arts for determining qualifications
341-for an original application or reinstatement of a license, permit
342-registration or certification as described in K.S.A. 65-2839a, and
343-amendments thereto; and
629+(A) The state board of healing arts for determining qualifications for
630+an original application or reinstatement of a license, permit registration or
631+certification as described in K.S.A. 65-2839a, and amendments thereto;
632+and
344633 (B) the state lottery for the purpose of awarding major contracts as
345634 described in K.S.A. 74-8705, and amendments thereto.
346-(2) The Kansas bureau of investigation shall release criminal
347-history record information related to adult convictions to:
348-(A) The department for aging and disability services for applicants
349-for an adult care home operator license as described in K.S.A. 39-969,
350-and amendments thereto;
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678+(2) The Kansas bureau of investigation shall release criminal history
679+record information related to adult convictions to:
680+(A) the department for aging and disability services for applicants for
681+an adult care home operator license as described in K.S.A. 39-969, and
682+amendments thereto;
351683 (B) the joint committee on Kansas security for committee staff
352684 members of the office of revisor of statutes and the legislative research
353685 department as described in K.S.A. 46-3301, and amendments thereto;
354686 (C) the attorney general for applicants for roofing contractors
355687 registration as described in K.S.A. 50-6,126, and amendments thereto;
356-(D) the department of health and environment for applicants for a
357-permit to construct, alter or operate a solid waste processing facility as SENATE BILL No. 491—page 7
688+(D) the department of health and environment for applicants of a
689+permit to construct, alter or operate a solid waste processing facility as
358690 described in K.S.A. 65-3407, and amendments thereto;
359691 (E) the Kansas department for aging and disability services for
360-applicants for licensure as an adult care home administrator as
361-described in K.S.A. 65-3503, and amendments thereto;
362-(F) the board of nursing for applicants for a mental health
363-technician license as described in K.S.A. 65-4209, and amendments
364-thereto;
692+applicants for licensure as an adult care home administrator as described in
693+K.S.A. 65-3503, and amendments thereto;
694+(F) the board of nursing for applicants for a mental health technician
695+license as described in K.S.A. 65-4209, and amendments thereto;
365696 (G) the board of nursing for applicants for nurse licensure as
366697 described in K.S.A. 65-1120, and amendments thereto;
367-(H) the state lottery for applicants for employment at the lottery as
698+(H) the state lottery for applicants of employment at the lottery as
368699 described in K.S.A. 74-8763, and amendments thereto;
369-(I) the state lottery for applicants for employment at the lottery as
700+(I) the state lottery for applicants of employment at the lottery as
370701 described in K.S.A. 74-8769, and amendments thereto;
371702 (J) the governor and the senate for appointees to the Kansas racing
372-and gaming commission as described in K.S.A. 74-8803, and
373-amendments thereto;
374-(K) the governor and the senate for an appointee as executive
375-director of the Kansas racing and gaming commission as described in
376-K.S.A. 74-8805, and amendments thereto;
703+and gaming commission as described in K.S.A. 74-8803, and amendments
704+thereto;
705+(K) the governor and the senate for an appointee as executive director
706+of the Kansas racing and gaming commission as described in K.S.A. 74-
707+8805, and amendments thereto;
377708 (L) the Kansas racing and gaming commission for employees who
378709 are animal health officers as described in K.S.A. 74-8806, and
379710 amendments thereto; and
380711 (M) the governor and the senate for an appointee as executive
381-director of the state gaming agency as described in K.S.A. 74-9804,
382-and amendments thereto.
383-(c) The Kansas bureau of investigation may charge a reasonable
384-fee for conducting a criminal history record check.
712+director of the state gaming agency as described in K.S.A. 74-9804, and
713+amendments thereto.
714+(c) The Kansas bureau of investigation may charge a reasonable fee
715+for conducting a criminal history record check.
385716 (d) Criminal history record information received pursuant to this
386-section shall be confidential and shall not be subject to the provisions
387-of the Kansas open records act, K.S.A. 45-215 et seq., and amendments
717+section shall be confidential and shall not be subject to the provisions of
718+the Kansas open records act, K.S.A. 45-215 et seq., and amendments
388719 thereto. The provisions of this paragraph shall expire on July 1, 2029,
389720 unless the legislature reviews and reenacts this provision pursuant to
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390764 K.S.A. 45-229, and amendments thereto, prior to July 1, 2029. 
391-Sec. 4. K.S.A. 2-3901 is hereby amended to read as follows: 2-
392-3901. (a) K.S.A. 2-3901 et seq., and amendments thereto, shall be
393-known and may be cited as the commercial industrial hemp act.
765+Sec. 4. K.S.A. 2-3901 is hereby amended to read as follows: 2-3901.
766+(a) K.S.A. 2-3901 et seq., and amendments thereto, shall be known and
767+may be cited as the commercial industrial hemp act.
394768 (b) As used in the commercial industrial hemp act:
395769 (1) "Commercial" means the cultivation or production of industrial
396770 hemp for any purpose authorized under K.S.A 2-3906, and amendments
397771 thereto.
398772 (2) "Delta-9 tetrahydrocannabinol concentration" means the
399773 combined percentage of delta-9 tetrahydrocannabinol and its optical
400774 isomers, their salts and acids, and salts of their acids, reported as free
401775 THC:
402-(A) On a dry weight basis, of any part of the plant cannabis sativa
403-L.; or
776+(A) On a dry weight basis, of any part of the plant cannabis sativa L.;
777+or
404778 (B) on a percentage by weight basis in hemp products, waste or
405-substances resulting from the production or processing of industrial
406-hemp.
779+substances resulting from the production or processing of industrial hemp.
407780 (3) "Effective disposal" includes, but is not limited to:
408781 (A) Destruction; or
409782 (B) any other method of disposing of industrial hemp or hemp
410783 products found to be in violation of this act that is permitted under the
411784 provisions of 7 U.S.C. § 1621 et seq. and any rules and regulations
412785 adopted thereunder.
413-(4) "Hemp products" means all products made from industrial
414-hemp, including, but not limited to, cloth, cordage, fiber, food, fuel,
415-paint, paper, particleboard, plastics, seed, seed meal and seed oil for
416-consumption and any extract from industrial hemp intended for further SENATE BILL No. 491—page 8
417-processing. Final "hemp products" may contain a tetrahydrocannabinol
418-concentration of not more than 0.3%. As used in this paragraph,
419-"tetrahydrocannabinol concentration" means the same as in K.S.A. 65-
420-6235(b)(3), and amendments thereto.
786+(4) "Hemp products" means all products made from industrial hemp,
787+including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper,
788+particleboard, plastics, seed, seed meal and seed oil for consumption and
789+any extract from industrial hemp intended for further processing. Final
790+"hemp products" may contain a tetrahydrocannabinol concentration of not
791+more than 0.3%. As used in this paragraph, "tetrahydrocannabinol
792+concentration" means the same as in K.S.A. 65-6235(b)(3), and
793+amendments thereto.
421794 (5) "Hemp producer" means any individual, licensed or otherwise,
422795 engaging in the cultivation or production of industrial hemp for
423-commercial purposes pursuant to K.S.A. 2-3906, and amendments
424-thereto.
796+commercial purposes pursuant to K.S.A. 2-3906, and amendments thereto.
425797 (6) "Hemp processor" means a person registered under K.S.A. 2-
426798 3907, and amendments thereto, to process and manufacture industrial
427799 hemp and hemp products.
428800 (7) "Industrial hemp" means all parts and varieties of the plant
429801 cannabis sativa L., whether growing or not, that contain a delta-9
430-tetrahydrocannabinol concentration of not more than 0.3% on a dry
431-weight basis.
802+tetrahydrocannabinol concentration of not more than 0.3% on a dry weight
803+basis.
432804 (8) "Person" means an individual, corporation, partnership,
433-association, joint stock company, trust, unincorporated organization or
434-any similar entity or any combination of the foregoing acting in
435-concert.
805+association, joint stock company, trust, unincorporated organization or any
806+similar entity or any combination of the foregoing acting in concert.
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436850 (9) "State educational institution" means the university of Kansas,
437-Kansas state university, Wichita state university, Emporia state
438-university, Pittsburg state university, Fort Hays state university, or any
439-other accredited college, university, technical college or community
440-college within Kansas.
441-(10) "Authorized seed or clone plants" means a source of
442-industrial hemp seeds or clone plants that:
443-(A) Has been certified by a certifying agency, as defined by
444-K.S.A. 2-1415, and amendments thereto;
445-(B) has been produced from plants that were tested during the
446-active growing season and were found to produce industrial hemp
447-having a tetrahydrocannabinol concentration that does not exceed 0.3%
448-on a dry weight basis and has been certified in writing by the grower or
449-distributor of such seeds or clone plants to possess such qualities; or
851+Kansas state university, Wichita state university, Emporia state university,
852+Pittsburg state university, Fort Hays state university, or any other
853+accredited college, university, technical college or community college
854+within Kansas.
855+(10) "Authorized seed or clone plants" means a source of industrial
856+hemp seeds or clone plants that:
857+(A) Has been certified by a certifying agency, as defined by K.S.A. 2-
858+1415, and amendments thereto;
859+(B) has been produced from plants that were tested during the active
860+growing season and were found to produce industrial hemp having a
861+tetrahydrocannabinol concentration that does not exceed 0.3% on a dry
862+weight basis and has been certified in writing by the grower or distributor
863+of such seeds or clone plants to possess such qualities; or
450864 (C) meets any other authorized standards approved by the Kansas
451865 department of agriculture through rules and regulations, except that no
452-seed or clone plants shall be considered authorized seed or clone plants
453-if they do not meet any standard adopted by the United States
454-department of agriculture pursuant to 7 U.S.C. § 1621 et seq., and
455-amendments thereto.
866+seed or clone plants shall be considered authorized seed or clone plants if
867+they do not meet any standard adopted by the United States department of
868+agriculture pursuant to 7 U.S.C. § 1621 et seq., and amendments thereto.
456869 (11) "Hemp employee" means a person who has applied for
457870 employment or is currently employed with the Kansas department of
458871 agriculture who oversees or regulates industrial hemp.
459-(12) "Applicant" means a person who has submitted an
460-application for licensure as a hemp producer or registration as a hemp
461-processor.
872+(12) "Applicant" means a person who has submitted an application
873+for licensure as a hemp producer or registration as a hemp processor.
462874 (13) "Hemp destruction employee" means an employee or agent of
463875 the Kansas department of agriculture who participates in the effective
464876 disposal of industrial hemp.
465-Sec. 5. K.S.A. 2-3902 is hereby amended to read as follows: 2-
466-3902. (a) The Kansas department of agriculture shall, by the adoption
467-of rules and regulations, establish an advisory board within the
468-department to provide input and information regarding the regulation
469-and development of industrial hemp in the state of Kansas and any
470-programs proposed or operated by the department. Such board shall
471-include a minimum of six members, including members that represent
472-the following:
877+Sec. 5. K.S.A. 2-3902 is hereby amended to read as follows: 2-3902.
878+(a) The Kansas department of agriculture shall, by the adoption of rules
879+and regulations, establish an advisory board within the department to
880+provide input and information regarding the regulation and development of
881+industrial hemp in the state of Kansas and any programs proposed or
882+operated by the department. Such board shall include a minimum of six
883+members, including members that represent the following:
473884 (1) The Kansas legislature;
474885 (2) crop research;
475-(3) industrial hemp production or processing; SENATE BILL No. 491—page 9
886+(3) industrial hemp production or processing;
476887 (4) law enforcement;
477888 (5) seed certification; and
478889 (6) the state entity designated to regulate hemp processors.
479890 (b) The state advisory board shall meet at least annually. Members
480891 shall receive no compensation but shall be paid subsistence allowances,
481892 mileage and other expenses as provided in K.S.A. 75-3223, and
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482936 amendments thereto.
483937 (c) The secretary of agriculture may require, as a qualification for
484938 initial or continuing employment with the Kansas department of
485939 agriculture, all individuals overseeing or regulating industrial hemp a
486940 hemp employee to be fingerprinted and to submit to a state and national
487941 criminal history record check in accordance with section 2, and
488942 amendments thereto. The fingerprints shall be used to identify the
489-individual and to determine whether the individual has a record of
490-criminal history in this state or any other jurisdiction. The department is
491-authorized to submit the fingerprints to the Kansas bureau of
492-investigation and the federal bureau of investigation for a state and
493-national criminal history record check. The department may use the
494-information obtained from fingerprinting and the criminal history
495-record check for purposes of verifying the identification of the
496-individual and for making an official determination of the qualifications
497-for initial or continuing employment pursuant to this section and rules
498-and regulations promulgated hereunder. Disclosure or use of any
499-information received by the department for any purpose other than the
500-purposes provided for in this section shall be a class A misdemeanor
501-and shall constitute grounds for removal from office or termination of
502-employment.
943+individual and to determine whether the individual has a record of criminal
944+history in this state or any other jurisdiction. The department is authorized
945+to submit the fingerprints to the Kansas bureau of investigation and the
946+federal bureau of investigation for a state and national criminal history
947+record check. The department may use the information obtained from
948+fingerprinting and the criminal history record check for purposes of
949+verifying the identification of the individual and for making an official
950+determination of the qualifications for initial or continuing employment
951+pursuant to this section and rules and regulations promulgated hereunder.
952+Disclosure or use of any information received by the department for any
953+purpose other than the purposes provided for in this section shall be a class
954+A misdemeanor and shall constitute grounds for removal from office or
955+termination of employment.
503956 (2) An individual who has been convicted of a felony violation of
504-article 57 of chapter 21 of the Kansas Statutes Annotated, and
505-amendments thereto, or a substantially similar offense in another
506-jurisdiction, within the immediately preceding 10 years, shall be
507-disqualified from initial or continuing employment under this section.
508-(3) The Kansas bureau of investigation may charge a reasonable
509-fee for conducting a criminal history record check.
957+article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments
958+thereto, or a substantially similar offense in another jurisdiction, within the
959+immediately preceding 10 years, shall be disqualified from initial or
960+continuing employment under this section.
961+(3) The Kansas bureau of investigation may charge a reasonable fee
962+for conducting a criminal history record check.
510963 (4) The individual seeking initial or continuing employment under
511-this section shall pay the costs of fingerprinting and the state and
512-national criminal history record checks.
513-Sec. 6. K.S.A. 2-3906 is hereby amended to read as follows: 2-
514-3906. (a) The Kansas department of agriculture, in consultation with
515-the governor and attorney general, shall submit a plan to the United
516-States department of agriculture under which the Kansas department of
964+this section shall pay the costs of fingerprinting and the state and national
965+criminal history record checks.
966+Sec. 6. K.S.A. 2-3906 is hereby amended to read as follows: 2-3906.
967+(a) The Kansas department of agriculture, in consultation with the
968+governor and attorney general, shall submit a plan to the United States
969+department of agriculture under which the Kansas department of
517970 agriculture will monitor and regulate the commercial production of
518-industrial hemp within the state in accordance with 7 U.S.C. § 1621 et
519-seq. and any rules and regulations adopted thereunder.
971+industrial hemp within the state in accordance with 7 U.S.C. § 1621 et seq.
972+and any rules and regulations adopted thereunder.
520973 (b) Such plan shall include the following:
521-(1) A procedure to maintain relevant information regarding land
522-on which industrial hemp is produced, including a legal description of
523-the land, for a period of not less than three calendar years;
974+(1) A procedure to maintain relevant information regarding land on
975+which industrial hemp is produced, including a legal description of the
976+land, for a period of not less than three calendar years;
524977 (2) a procedure for testing, using post-decarboxylation or other
525-similarly reliable methods, the delta-9 tetrahydrocannabinol
526-concentration levels of industrial hemp produced;
527-(3) a procedure for the effective disposal of industrial hemp and
528-hemp products that are found to be in violation of this act;
529-(4) any licensing requirements or other rules and regulations
530-deemed necessary by the Kansas department of agriculture for the
531-proper monitoring and regulation of industrial hemp cultivation and
532-production for commercial purposes, including, but not limited to:
533-(A) Fees for licenses, license renewals and other necessary
534-expenses to defray the cost of implementing and operating the plan on SENATE BILL No. 491—page 10
535-an ongoing basis; and
978+similarly reliable methods, the delta-9 tetrahydrocannabinol concentration
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1022+levels of industrial hemp produced;
1023+(3) a procedure for the effective disposal of industrial hemp and hemp
1024+products that are found to be in violation of this act;
1025+(4) any licensing requirements or other rules and regulations deemed
1026+necessary by the Kansas department of agriculture for the proper
1027+monitoring and regulation of industrial hemp cultivation and production
1028+for commercial purposes, including, but not limited to:
1029+(A) Fees for licenses, license renewals and other necessary expenses
1030+to defray the cost of implementing and operating the plan on an ongoing
1031+basis; and
5361032 (B) standards for authorized seed or clone plants;
537-(5) a procedure for the creation of documentation that any person
538-in possession of unprocessed industrial hemp may use to prove to any
539-law enforcement officer that such industrial hemp was lawfully grown
540-under this section;
541-(6) a procedure for conducting annual inspections of, at a
542-minimum, a random sample of hemp producers to verify that industrial
543-hemp is not produced in violation of this act; and
544-(7) any other procedures necessary to meet the requirements set
545-forth in 7 U.S.C. § 1621 et seq. and any rules and regulations adopted
1033+(5) a procedure for the creation of documentation that any person in
1034+possession of unprocessed industrial hemp may use to prove to any law
1035+enforcement officer that such industrial hemp was lawfully grown under
1036+this section;
1037+(6) a procedure for conducting annual inspections of, at a minimum, a
1038+random sample of hemp producers to verify that industrial hemp is not
1039+produced in violation of this act; and
1040+(7) any other procedures necessary to meet the requirements set forth
1041+in 7 U.S.C. § 1621 et seq. and any rules and regulations adopted
5461042 thereunder.
547-(c) (1) A hemp producer who negligently violates this section or
548-any rules and regulations adopted hereunder shall not be subject to any
549-state or local criminal enforcement action, but shall comply with the
550-following corrective actions as applicable:
551-(A) A reasonable date by which the hemp producer shall correct
552-the negligent violation; and
553-(B) a requirement that the hemp producer shall periodically report
554-to the Kansas department of agriculture on the hemp producer's
555-compliance with this section and rules and regulations adopted
556-hereunder, for a period of not less than the next two calendar years.
1043+(c) (1) A hemp producer who negligently violates this section or any
1044+rules and regulations adopted hereunder shall not be subject to any state or
1045+local criminal enforcement action, but shall comply with the following
1046+corrective actions as applicable:
1047+(A) A reasonable date by which the hemp producer shall correct the
1048+negligent violation; and
1049+(B) a requirement that the hemp producer shall periodically report to
1050+the Kansas department of agriculture on the hemp producer's compliance
1051+with this section and rules and regulations adopted hereunder, for a period
1052+of not less than the next two calendar years.
5571053 (2) A hemp producer who negligently violates this section or any
558-rules and regulations adopted hereunder three times in a five-year
559-period shall be ineligible to produce industrial hemp for a period of five
560-years beginning on the date of the third violation.
1054+rules and regulations adopted hereunder three times in a five-year period
1055+shall be ineligible to produce industrial hemp for a period of five years
1056+beginning on the date of the third violation.
5611057 (3) The Kansas department of agriculture shall immediately report
562-any violation by a hemp producer with a greater culpable mental state
563-than negligence to the attorney general and such hemp producer shall
564-not be subject to the exemption in subsection (c)(1).
1058+any violation by a hemp producer with a greater culpable mental state than
1059+negligence to the attorney general and such hemp producer shall not be
1060+subject to the exemption in subsection (c)(1).
5651061 (d) Any individual otherwise eligible to become a licensed hemp
566-producer shall not be eligible to produce industrial hemp if such
567-individual has submitted any materially false information in any
568-application to become a licensed hemp producer.
1062+producer shall not be eligible to produce industrial hemp if such individual
1063+has submitted any materially false information in any application to
1064+become a licensed hemp producer.
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5691108 (e) (1) The department shall require, as a qualification for initial or
570-continuing licensure, all individuals seeking a license or license
571-renewal as a hemp producer under this section to be fingerprinted and
572-to submit to a state and national criminal history record check in
573-accordance with section 2, and amendments thereto. The fingerprints
574-shall be used to identify the individual and to determine whether the
575-individual has a record of criminal history in this state or any other
576-jurisdiction. The department is authorized to submit the fingerprints to
577-the Kansas bureau of investigation and the federal bureau of
578-investigation for a state and national criminal history record check. The
579-department may use the information obtained from fingerprinting and
580-the criminal history record check for purposes of verifying the
581-identification of the individual and for making an official determination
582-of the qualifications for initial or continuing licensure as a hemp
583-producer pursuant to this section and rules and regulations promulgated
584-hereunder. Disclosure or use of any information received by the
585-department for any purpose other than the purposes provided for in the
586-commercial industrial hemp act shall be a class A misdemeanor and
587-shall constitute grounds for removal from office or termination of
588-employment.
1109+continuing licensure, all individuals seeking a license or license renewal as
1110+a hemp producer under this section to be fingerprinted and to submit to a
1111+state and national criminal history record check in accordance with section
1112+2, and amendments thereto. The fingerprints shall be used to identify the
1113+individual and to determine whether the individual has a record of criminal
1114+history in this state or any other jurisdiction. The department is authorized
1115+to submit the fingerprints to the Kansas bureau of investigation and the
1116+federal bureau of investigation for a state and national criminal history
1117+record check. The department may use the information obtained from
1118+fingerprinting and the criminal history record check for purposes of
1119+verifying the identification of the individual and for making an official
1120+determination of the qualifications for initial or continuing licensure as a
1121+hemp producer pursuant to this section and rules and regulations
1122+promulgated hereunder. Disclosure or use of any information received by
1123+the department for any purpose other than the purposes provided for in the
1124+commercial industrial hemp act shall be a class A misdemeanor and shall
1125+constitute grounds for removal from office or termination of employment.
5891126 (2) An individual who has been convicted of a felony violation of
590-article 57 of chapter 21 of the Kansas Statutes Annotated, and
591-amendments thereto, or a substantially similar offense in another
592-jurisdiction, within the immediately preceding 10 years, shall be
593-disqualified from initial or continuing licensure as a hemp producer SENATE BILL No. 491—page 11
594-under this section.
595-(3) The Kansas bureau of investigation may charge a reasonable
596-fee for conducting a criminal history record check.
1127+article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments
1128+thereto, or a substantially similar offense in another jurisdiction, within the
1129+immediately preceding 10 years, shall be disqualified from initial or
1130+continuing licensure as a hemp producer under this section.
1131+(3) The Kansas bureau of investigation may charge a reasonable fee
1132+for conducting a criminal history record check.
5971133 (4) The individual seeking a license or license renewal as a hemp
5981134 producer under this section shall pay the costs of fingerprinting and the
5991135 state and national criminal history record checks.
600-(f) The secretary of agriculture shall promulgate rules and
601-regulations to implement the plan submitted to the United States
602-department of agriculture and to otherwise effectuate the provisions of
603-this section.
1136+(f) The secretary of agriculture shall promulgate rules and regulations
1137+to implement the plan submitted to the United States department of
1138+agriculture and to otherwise effectuate the provisions of this section.
6041139 (g) Upon the repeal of 7 U.S.C. § 5940 or either the adoption of a
605-federal plan by the United States department of agriculture that allows
606-for the cultivation and production of industrial hemp for commercial
607-purposes within the state or upon the adoption of rules and regulations
608-by the Kansas secretary of agriculture that establish the cultivation and
1140+federal plan by the United States department of agriculture that allows for
1141+the cultivation and production of industrial hemp for commercial purposes
1142+within the state or upon the adoption of rules and regulations by the
1143+Kansas secretary of agriculture that establish the cultivation and
6091144 production of industrial hemp for commercial purposes within the state,
610-the Kansas department of agriculture may discontinue the industrial
611-hemp research program established pursuant to K.S.A. 2-3902, and
612-amendments thereto.
1145+the Kansas department of agriculture may discontinue the industrial hemp
1146+research program established pursuant to K.S.A. 2-3902, and amendments
1147+thereto.
6131148 (h) Any modification fee established by the department for any
614-requested change to a license that was previously issued by the
615-department under this section shall not exceed $50.
616-(i) Any licensing or other fees collected pursuant to this section
617-and any rules and regulations adopted hereunder shall be deposited in
618-the commercial industrial hemp act licensing fee fund established by
619-K.S.A. 2-3903, and amendments thereto, for all costs of the
620-administration of the commercial production of industrial hemp.
621-(j) This section shall be a part of and supplemental to the
622-commercial industrial hemp act, K.S.A. 2-3901 et seq., and
623-amendments thereto.
624-Sec. 7. K.S.A. 2-3907 is hereby amended to read as follows: 2-
625-3907. (a) The state fire marshal shall create and maintain a registry of
626-all hemp processors operating within the state of Kansas.
1149+requested change to a license that was previously issued by the department
1150+under this section shall not exceed $50.
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1194+(i) Any licensing or other fees collected pursuant to this section and
1195+any rules and regulations adopted hereunder shall be deposited in the
1196+commercial industrial hemp act licensing fee fund established by K.S.A. 2-
1197+3903, and amendments thereto, for all costs of the administration of the
1198+commercial production of industrial hemp.
1199+(j) This section shall be a part of and supplemental to the commercial
1200+industrial hemp act, K.S.A. 2-3901 et seq., and amendments thereto.
1201+Sec. 7. K.S.A. 2-3907 is hereby amended to read as follows: 2-3907.
1202+(a) The state fire marshal shall create and maintain a registry of all hemp
1203+processors operating within the state of Kansas.
6271204 (b) Any person engaging in the processing of industrial hemp shall
628-register annually with the state fire marshal prior to processing
629-industrial hemp.
630-(c) Registration shall expire annually on June 30. Registration
631-fees, not to exceed $1,000, shall be established pursuant to rules and
632-regulations adopted by the state fire marshal.
633-(d) Any person required to register as a hemp processor pursuant
634-to this section shall submit an annual registration application on a form
1205+register annually with the state fire marshal prior to processing industrial
1206+hemp.
1207+(c) Registration shall expire annually on June 30. Registration fees,
1208+not to exceed $1,000, shall be established pursuant to rules and regulations
1209+adopted by the state fire marshal.
1210+(d) Any person required to register as a hemp processor pursuant to
1211+this section shall submit an annual registration application on a form
6351212 provided by the state fire marshal that shall include, at a minimum:
636-(1) The full legal name, date of birth, address and telephone
637-number of the applicant. If the applicant is not an individual, the same
638-information shall also be provided for all owners and the individual
639-responsible for all industrial hemp processing and related activities
640-performed by the applicant;
641-(2) the physical location of any premises that will serve as a part
642-of the applicant's industrial hemp processing operations;
1213+(1) The full legal name, date of birth, address and telephone number
1214+of the applicant. If the applicant is not an individual, the same information
1215+shall also be provided for all owners and the individual responsible for all
1216+industrial hemp processing and related activities performed by the
1217+applicant;
1218+(2) the physical location of any premises that will serve as a part of
1219+the applicant's industrial hemp processing operations;
6431220 (3) a brief description of the industrial hemp processing methods,
6441221 activities and products planned for production; and
6451222 (4) certification that such applicant has fully complied with the
646-fingerprinting and criminal history record check requirements
647-contained in this section, if applicable. Any such applicant who
648-provides a false statement of compliance with such requirements shall
649-be guilty of a class C nonperson misdemeanor.
1223+fingerprinting and criminal history record check requirements contained in
1224+this section, if applicable. Any such applicant who provides a false
1225+statement of compliance with such requirements shall be guilty of a class
1226+C nonperson misdemeanor.
6501227 (e) The state fire marshal shall provide an updated list of all hemp
651-processors to the Kansas bureau of investigation and to the county
652-sheriff in each county where a hemp processor is located as often as is SENATE BILL No. 491—page 12
653-reasonably required or requested.
654-(f) Fees collected pursuant to this section shall be remitted to the
655-state treasurer in accordance with the provisions of K.S.A. 75-4215,
656-and amendments thereto. Upon receipt of each such remittance, the
657-state treasurer shall deposit the entire amount in the state treasury to the
658-credit of the fire marshal fee fund.
659-(g) It shall be unlawful for any person to operate as a hemp
660-processor without valid registration. Upon a first conviction for a
661-violation of this subsection, a person shall be guilty of a class A
662-nonperson misdemeanor. On a second or subsequent conviction for a
663-violation of this subsection, a person shall be guilty of a severity level
664-9, nonperson felony.
665-(h) (1) The state fire marshal shall require all individuals applying
666-for a hemp processor registration who seek to engage in the extraction
667-of cannabinoids from industrial hemp, including the disposal of such
1228+processors to the Kansas bureau of investigation and to the county sheriff
1229+in each county where a hemp processor is located as often as is reasonably
1230+required or requested.
1231+(f) Fees collected pursuant to this section shall be remitted to the state
1232+treasurer in accordance with the provisions of K.S.A. 75-4215, and
1233+amendments thereto. Upon receipt of each such remittance, the state
1234+treasurer shall deposit the entire amount in the state treasury to the credit
1235+of the fire marshal fee fund.
1236+(g) It shall be unlawful for any person to operate as a hemp processor
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1280+without valid registration. Upon a first conviction for a violation of this
1281+subsection, a person shall be guilty of a class A nonperson misdemeanor.
1282+On a second or subsequent conviction for a violation of this subsection, a
1283+person shall be guilty of a severity level 9, nonperson felony.
1284+(h) (1) The state fire marshal shall require all individuals applying for
1285+a hemp processor registration who seek to engage in the extraction of
1286+cannabinoids from industrial hemp, including the disposal of such
6681287 cannabinoids, pursuant to the commercial industrial hemp act to be
6691288 fingerprinted and submit to a state and national criminal history record
6701289 check in accordance with section 2, and amendments thereto. The state
6711290 fire marshal may require individuals who are current employees or
6721291 applying to be employees of a hemp processor to be fingerprinted and
6731292 submit to a state and national criminal history record check. The
6741293 fingerprints shall be used to identify the individual and to determine
6751294 whether the individual has a record of criminal history in Kansas or any
6761295 other jurisdiction. The state fire marshal is authorized to submit the
677-fingerprints to the Kansas bureau of investigation and the federal
678-bureau of investigation for a state and national criminal history record
679-check. The state fire marshal may use the information obtained from
680-fingerprinting and the criminal history record check for purposes of
681-verifying the identification of the individual and for making an official
682-determination of the qualification and fitness of the individual to
683-process industrial hemp pursuant to this act and rules and regulations
684-promulgated hereunder. Disclosure or use of any criminal history
685-information for any purpose other than the purposes provided for in the
686-commercial industrial hemp act shall be a class A nonperson
687-misdemeanor and shall constitute grounds for removal from office or
688-termination of employment.
1296+fingerprints to the Kansas bureau of investigation and the federal bureau of
1297+investigation for a state and national criminal history record check. The
1298+state fire marshal may use the information obtained from fingerprinting
1299+and the criminal history record check for purposes of verifying the
1300+identification of the individual and for making an official determination of
1301+the qualification and fitness of the individual to process industrial hemp
1302+pursuant to this act and rules and regulations promulgated hereunder.
1303+Disclosure or use of any criminal history information for any purpose
1304+other than the purposes provided for in the commercial industrial hemp act
1305+shall be a class A nonperson misdemeanor and shall constitute grounds for
1306+removal from office or termination of employment.
6891307 (2) An individual who has been convicted of a felony violation of
690-article 57 of chapter 21 of the Kansas Statutes Annotated, and
691-amendments thereto, or a substantially similar offense in another
692-jurisdiction, within the immediately preceding 10 years, shall be
693-disqualified from processing industrial hemp under this section.
1308+article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments
1309+thereto, or a substantially similar offense in another jurisdiction, within the
1310+immediately preceding 10 years, shall be disqualified from processing
1311+industrial hemp under this section.
6941312 (3) The state fire marshal may deny registration to any individual
695-who has violated subsection (g) or any other provision of the
696-commercial industrial hemp act.
697-(4) The Kansas bureau of investigation may charge a reasonable
698-fee for conducting a criminal history record check.
1313+who has violated subsection (g) or any other provision of the commercial
1314+industrial hemp act.
1315+(4) The Kansas bureau of investigation may charge a reasonable fee
1316+for conducting a criminal history record check.
6991317 (5) The individual seeking authorization to extract or dispose of
7001318 cannabinoids from industrial hemp pursuant to this section shall pay the
7011319 costs of fingerprinting and the state and national criminal history record
7021320 check.
703-(6) Local and state law enforcement officers and agencies shall
704-assist in taking and processing an individual's fingerprints as authorized
705-by this section.
706-(i) (1) The state fire marshal shall promulgate rules and
707-regulations to carry out the provisions of this section, including, but not
708-limited to, rules and regulations on:
709-(A) The denial, conditioning, renewal or revocation of
710-registration;
711-(B) the creation of multiple classes of registrations based upon the SENATE BILL No. 491—page 13
1321+(6)(5) Local and state law enforcement officers and agencies shall
1322+assist in taking and processing an individual's fingerprints as authorized by
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1366+this section.
1367+(i) (1) The state fire marshal shall promulgate rules and regulations to
1368+carry out the provisions of this section, including, but not limited to, rules
1369+and regulations on:
1370+(A) The denial, conditioning, renewal or revocation of registration;
1371+(B) the creation of multiple classes of registrations based upon the
7121372 scope of hemp processing activities of an applicant;
7131373 (C) construction and safety standards for processing facilities;
7141374 (D) security measures;
7151375 (E) inventory control;
7161376 (F) maintenance of records;
7171377 (G) access to and inspection of records and processing facilities by
7181378 the state fire marshal and law enforcement agencies;
719-(H) the collection and disposal of any cannabinoids extracted
720-during the processing of industrial hemp that cannot be lawfully sold in
721-this state; and
1379+(H) the collection and disposal of any cannabinoids extracted during
1380+the processing of industrial hemp that cannot be lawfully sold in this state;
1381+and
7221382 (I) the transportation of industrial hemp or hemp products.
7231383 (2) The state fire marshal may grant an exemption from the
724-application of a specific requirement of rules and regulations
725-promulgated under paragraph (1), unless the state fire marshal
726-determines that the condition, structure or activity that is or would be in
727-noncompliance with such requirement would constitute a distinct
728-hazard to life or property. Any such exemption shall be granted only
729-upon written request of a registrant or applicant for registration that
730-clearly demonstrates that enforcement of a specific requirement of a
731-rule and regulation will cause unnecessary hardship as determined by
732-the state fire marshal.
1384+application of a specific requirement of rules and regulations promulgated
1385+under paragraph (1), unless the state fire marshal determines that the
1386+condition, structure or activity that is or would be in noncompliance with
1387+such requirement would constitute a distinct hazard to life or property. Any
1388+such exemption shall be granted only upon written request of a registrant
1389+or applicant for registration that clearly demonstrates that enforcement of a
1390+specific requirement of a rule and regulation will cause unnecessary
1391+hardship as determined by the state fire marshal.
7331392 (j) The Kansas department of agriculture and the state fire marshal
7341393 shall coordinate with one another, including providing any requested
7351394 information from the other, regarding industrial hemp licensees, hemp
736-processors and hemp processor applicants necessary for the
737-enforcement of any laws or rules and regulations relating to industrial
738-hemp.
739-(k) This section shall be a part of and supplemental to the
740-commercial industrial hemp act, K.S.A. 2-3901 et seq., and
741-amendments thereto.
742-Sec. 8. K.S.A. 2-3911 is hereby amended to read as follows: 2-
743-3911. (a) Whenever a person licensed under the commercial industrial
744-hemp act is required to conduct effective disposal of industrial hemp
745-pursuant to standards established by the controlled substances act, 21
746-U.S.C. 13 et seq., or under regulations adopted by the United States
747-drug enforcement administration, the Kansas department of agriculture
748-shall notify state or local law enforcement agencies with jurisdiction in
749-the area in which the industrial hemp was grown that effective disposal
750-is required.
1395+processors and hemp processor applicants necessary for the enforcement
1396+of any laws or rules and regulations relating to industrial hemp.
1397+(k) This section shall be a part of and supplemental to the commercial
1398+industrial hemp act, K.S.A. 2-3901 et seq., and amendments thereto.
1399+Sec. 8. K.S.A. 2-3911 is hereby amended to read as follows: 2-3911.
1400+(a) Whenever a person licensed under the commercial industrial hemp act
1401+is required to conduct effective disposal of industrial hemp pursuant to
1402+standards established by the controlled substances act, 21 U.S.C. 13 et
1403+seq., or under regulations adopted by the United States drug enforcement
1404+administration, the Kansas department of agriculture shall notify state or
1405+local law enforcement agencies with jurisdiction in the area in which the
1406+industrial hemp was grown that effective disposal is required.
7511407 (b) The department shall develop a plan for effective disposal of
7521408 industrial hemp in coordination with the state or local law enforcement
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7531452 agency notified pursuant to subsection (a).
7541453 (c) (1) In order to carry out the provisions of this section, the
7551454 department is authorized to perform any action necessary to ensure that
756-effective disposal of industrial hemp occurs, including, but not limited
757-to:
1455+effective disposal of industrial hemp occurs, including, but not limited to:
7581456 (A) Taking temporary possession of the industrial hemp;
7591457 (B) destroying the industrial hemp; or
7601458 (C) supervising and directing any appropriate method of effective
7611459 disposal.
7621460 (2) The state or local law enforcement agency shall approve in
763-advance any such action taken by the department or any person under
764-the department's direction or supervision.
1461+advance any such action taken by the department or any person under the
1462+department's direction or supervision.
7651463 (d) (1) The secretary may require any employee or agent of the
766-department who participates in the effective disposal of industrial a
767-hemp destruction employee to be fingerprinted and to submit to a state
768-and national criminal history record check annually in accordance with
769-section 2, and amendments thereto. The secretary may use the
770-information obtained from fingerprinting and the criminal history SENATE BILL No. 491—page 14
771-record check to verify the identity of the employee or agent and
772-determine whether the employee or agent has been convicted of a
773-felony violation of article 57 of chapter 21 of the Kansas Statutes
774-Annotated, and amendments thereto, or a substantially similar offense
775-in another jurisdiction, within the 10 years immediately preceding
776-submission of such criminal history record check. The department is
777-authorized to submit the fingerprints to the Kansas bureau of
778-investigation and the federal bureau of investigation for a state and
779-national criminal history record check.
780-(2) Local and state law enforcement officers and agencies shall
781-assist in the taking and processing of fingerprints of such employee or
782-agent of the department. Local law enforcement officers and agencies
783-may charge a fee as reimbursement for expenses incurred in the taking
784-and processing of fingerprints under this subsection. The department
785-shall pay the costs of fingerprinting and the state and national criminal
786-history record check.
787-(e) The department and the appropriate state or local law
788-enforcement agency may seek reimbursement from any individual
789-licensed under the commercial industrial hemp act for any costs
790-incurred in conducting effective disposal of industrial hemp.
1464+department who participates in the effective disposal of industrial a hemp
1465+destruction employee to be fingerprinted and to submit to a state and
1466+national criminal history record check annually in accordance with section
1467+2, and amendments thereto. The secretary may use the information
1468+obtained from fingerprinting and the criminal history record check to
1469+verify the identity of the employee or agent and determine whether the
1470+employee or agent has been convicted of a felony violation of article 57 of
1471+chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or a
1472+substantially similar offense in another jurisdiction, within the 10 years
1473+immediately preceding submission of such criminal history record check.
1474+The department is authorized to submit the fingerprints to the Kansas
1475+bureau of investigation and the federal bureau of investigation for a state
1476+and national criminal history record check.
1477+(2) Local and state law enforcement officers and agencies shall assist
1478+in the taking and processing of fingerprints of such employee or agent of
1479+the department. Local law enforcement officers and agencies may charge a
1480+fee as reimbursement for expenses incurred in the taking and processing of
1481+fingerprints under this subsection. The department shall pay the costs of
1482+fingerprinting and the state and national criminal history record check.
1483+(e) The department and the appropriate state or local law enforcement
1484+agency may seek reimbursement from any individual licensed under the
1485+commercial industrial hemp act for any costs incurred in conducting
1486+effective disposal of industrial hemp.
7911487 (f) The department shall have no authority to conduct effective
792-disposal for any industrial hemp or cannabis plant produced by
793-individuals not licensed under the commercial industrial hemp act.
794-(g) Nothing in this section shall limit the jurisdiction or authority
795-of state or local law enforcement to enforce article 57 of chapter 21 of
796-the Kansas Statutes Annotated, and amendments thereto.
797-(h) This section shall be a part of and supplemental to the
798-commercial industrial hemp act, K.S.A. 2-3901 et seq., and
799-amendments thereto.
800-Sec. 9. K.S.A. 7-127 is hereby amended to read as follows: 7-127.
801-(a) (1) Each applicant for admission to practice law in this state, in
802-submitting the application, shall provide to the clerk of the supreme
803-court the information enumerated in K.S.A. 25-2309(b)(1) through (5),
804-and amendments thereto. Whenever any person whose application for
1488+disposal for any industrial hemp or cannabis plant produced by individuals
1489+not licensed under the commercial industrial hemp act.
1490+(g) Nothing in this section shall limit the jurisdiction or authority of
1491+state or local law enforcement to enforce article 57 of chapter 21 of the
1492+Kansas Statutes Annotated, and amendments thereto.
1493+(h) This section shall be a part of and supplemental to the commercial
1494+industrial hemp act, K.S.A. 2-3901 et seq., and amendments thereto.
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1538+Sec. 9. K.S.A. 7-127 is hereby amended to read as follows: 7-127. (a)
1539+(1) Each applicant for admission to practice law in this state, in submitting
1540+the application, shall provide to the clerk of the supreme court the
1541+information enumerated in K.S.A. 25-2309(b)(1) through (5), and
1542+amendments thereto. Whenever any person whose application for
8051543 admission to practice law in this state is pending shall move from the
806-residential address listed on such person's application, or when the
807-name of any such person is changed by marriage or otherwise, such
808-person, within 10 days thereafter, shall notify the clerk of the supreme
809-court in writing of such person's old and new residential addresses or of
810-such person's former and new names.
811-(2) As used in this subsection, "applicant" means a person who
812-has submitted an application for admission to practice law in this state.
1544+residential address listed on such person's application, or when the name of
1545+any such person is changed by marriage or otherwise, such person, within
1546+10 days thereafter, shall notify the clerk of the supreme court in writing of
1547+such person's old and new residential addresses or of such person's former
1548+and new names.
1549+(2) As used in this subsection, "applicant" means a person who has
1550+submitted an application for admission to practice law in this state.
8131551 (b) Any person whose application to practice law in Kansas is
814-pending as of the effective date of this act July 1, 2016, and for whom
815-the information enumerated in K.S.A. 25-2309(b)(1) through (5), and
816-amendments thereto, is not correct on such application as of the
817-effective date of this act, shall provide the information enumerated in
818-K.S.A. 25-2309(b)(1) through (5), and amendments thereto, in writing
819-to the clerk of the supreme court within 60 days after the effective date
820-of this act. The clerk of the supreme court, within 30 days after the
821-effective date of this act, shall send notice to all persons whose
822-applications to practice law in Kansas are pending as of the effective
823-date of this act, that such persons are required by law to provide the
1552+pending as of the effective date of this act July 1, 2016, and for whom the
8241553 information enumerated in K.S.A. 25-2309(b)(1) through (5), and
825-amendments thereto, in writing to the clerk of the supreme court within
826-60 days after the effective date of this act.
1554+amendments thereto, is not correct on such application as of the effective
1555+date of this act, shall provide the information enumerated in K.S.A. 25-
1556+2309(b)(1) through (5), and amendments thereto, in writing to the clerk of
1557+the supreme court within 60 days after the effective date of this act. The
1558+clerk of the supreme court, within 30 days after the effective date of this
1559+act, shall send notice to all persons whose applications to practice law in
1560+Kansas are pending as of the effective date of this act, that such persons
1561+are required by law to provide the information enumerated in K.S.A. 25-
1562+2309(b)(1) through (5), and amendments thereto, in writing to the clerk of
1563+the supreme court within 60 days after the effective date of this act.
8271564 (c) The supreme court may require an applicant for admission to
8281565 practice law in this state to be fingerprinted and submit to a national
829-criminal history record check in accordance with section 2, and SENATE BILL No. 491—page 15
1566+criminal history record check in accordance with section 2, and
8301567 amendments thereto. The fingerprints shall be used to identify the
831-applicant and to determine whether the applicant has a record of
832-criminal arrests and convictions in this state or other jurisdictions. The
833-supreme court and the state board of law examiners are authorized to
834-submit the fingerprints to the Kansas bureau of investigation and the
835-federal bureau of investigation for a state and national criminal history
836-record check. The state board of law examiners and the supreme court
837-may use the information obtained from fingerprinting and the
838-applicant's criminal history only for purposes of verifying the
839-identification of any applicant and in the official determination of
840-character and fitness of the applicant for admission to practice law in
841-this state.
842-(d) Local and state law enforcement officers and agencies shall
843-assist the supreme court in taking and processing of fingerprints of
844-applicants seeking admission to practice law in this state and shall
845-release all records of an applicant's arrests and convictions to the
846-supreme court and the state board of law examiners.
1568+applicant and to determine whether the applicant has a record of criminal
1569+arrests and convictions in this state or other jurisdictions. The supreme
1570+court and the state board of law examiners are authorized to submit the
1571+fingerprints to the Kansas bureau of investigation and the federal bureau of
1572+investigation for a state and national criminal history record check. The
1573+state board of law examiners and the supreme court may use the
1574+information obtained from fingerprinting and the applicant's criminal
1575+history only for purposes of verifying the identification of any applicant
1576+and in the official determination of character and fitness of the applicant
1577+for admission to practice law in this state.
1578+(d) Local and state law enforcement officers and agencies shall assist
1579+the supreme court in taking and processing of fingerprints of applicants
1580+seeking admission to practice law in this state and shall release all records
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1624+of an applicant's arrests and convictions to the supreme court and the state
1625+board of law examiners.
8471626 Sec. 10. K.S.A. 8-2,142 is hereby amended to read as follows: 8-
8481627 2,142. (a) A person is disqualified from driving a commercial motor
849-vehicle for a period of not less than one year upon a first occurrence of
850-any one of the following:
1628+vehicle for a period of not less than one year upon a first occurrence of any
1629+one of the following:
8511630 (1) While operating a commercial motor vehicle:
8521631 (A) The person is convicted of violating K.S.A. 8-2,144, and
8531632 amendments thereto;
8541633 (B) the person is convicted of violating K.S.A. 8-2,132(b), and
8551634 amendments thereto;
856-(C) the person is convicted of causing a fatality through the
857-negligent operation of a commercial motor vehicle;
1635+(C) the person is convicted of causing a fatality through the negligent
1636+operation of a commercial motor vehicle;
8581637 (D) the person's test refusal or test failure, as defined in subsection
8591638 (m); or
860-(E) the person is convicted of a violation identified in subsection
861-(a)(2)(A); or
1639+(E) the person is convicted of a violation identified in subsection (a)
1640+(2)(A); or
8621641 (2) while operating a noncommercial motor vehicle:
8631642 (A) The person is convicted of a violation of K.S.A. 8-1567, and
8641643 amendments thereto, or of a violation of an ordinance of any city in this
8651644 state, a resolution of any county in this state or any law of another state,
866-which ordinance or law declares to be unlawful the acts prohibited by
867-that statute; or
1645+which ordinance or law declares to be unlawful the acts prohibited by that
1646+statute; or
8681647 (B) the person's test refusal or test failure, as defined in K.S.A. 8-
8691648 1013, and amendments thereto; or
8701649 (3) while operating any motor vehicle:
8711650 (A) The person is convicted of leaving the scene of an accident; or
872-(B) the person is convicted of a felony, other than a felony
873-described in subsection (e), while using a motor vehicle to commit such
874-felony.
875-(b) If any offenses, test refusal or test failure specified in
876-subsection (a) occurred in a commercial motor vehicle while
877-transporting a hazardous material required to be placarded, the person
878-is disqualified for a period of not less than three years.
1651+(B) the person is convicted of a felony, other than a felony described
1652+in subsection (e), while using a motor vehicle to commit such felony.
1653+(b) If any offenses, test refusal or test failure specified in subsection
1654+(a) occurred in a commercial motor vehicle while transporting a hazardous
1655+material required to be placarded, the person is disqualified for a period of
1656+not less than three years.
8791657 (c) A person shall be disqualified for life upon the second or a
880-subsequent occurrence of any offense, test refusal or test failure
881-specified in subsection (a), or any combination thereof, arising from
882-two or more separate incidents occurring on or after July 1, 2003.
1658+subsequent occurrence of any offense, test refusal or test failure specified
1659+in subsection (a), or any combination thereof, arising from two or more
1660+separate incidents occurring on or after July 1, 2003.
8831661 (d) (1) Any person disqualified for life under subsection (c) who
884-seeks to have commercial driving privileges restored after such person
885-has been disqualified for at least 10 years shall apply in writing to the
886-division.
887-(2) The division shall restore a person's commercial driving
888-privileges if the division determines: SENATE BILL No. 491—page 16
1662+seeks to have commercial driving privileges restored after such person has
1663+been disqualified for at least 10 years shall apply in writing to the division.
1664+(2) The division shall restore a person's commercial driving privileges
1665+if the division determines:
8891666 (A) None of the occurrences that led to the person's lifetime
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8901710 disqualification under subsection (c) included violations described in
8911711 subsection (a)(1)(A) or (a)(1)(E);
892-(B) the person has had no occurrence of any offense, test refusal
893-or test failure specified in subsection (a) during the 10-year period
894-preceding the application;
1712+(B) the person has had no occurrence of any offense, test refusal or
1713+test failure specified in subsection (a) during the 10-year period preceding
1714+the application;
8951715 (C) the person has had no alcohol or drug related convictions as
8961716 defined in K.S.A. 8-2,128, and amendments thereto, in Kansas or any
8971717 other jurisdiction during the 10-year period preceding the application;
8981718 (D) the person has no pending alcohol or drug related criminal
8991719 charges in Kansas or any other jurisdiction;
9001720 (E) the person has had no convictions for violations that occurred
9011721 while operating a commercial motor vehicle in Kansas or any other
9021722 jurisdiction during the 10-year period preceding the application;
9031723 (F) the person has successfully completed an alcohol or drug
9041724 treatment program, or a comparable program, that meets or exceeds the
9051725 minimum standards approved by the Kansas department for aging and
906-disability services if any of the disqualifying offenses were drug or
907-alcohol related;
908-(G) the person is no longer a threat to the public safety of this
909-state. The division may request, and the person shall provide, any
910-additional information or documentation which the division deems
911-necessary to determine the person's fitness for relicensure;
1726+disability services if any of the disqualifying offenses were drug or alcohol
1727+related;
1728+(G) the person is no longer a threat to the public safety of this state.
1729+The division may request, and the person shall provide, any additional
1730+information or documentation which the division deems necessary to
1731+determine the person's fitness for relicensure;
9121732 (H) the person is otherwise eligible for licensure; and
913-(I) the person has not previously been restored to commercial
914-motor vehicle privileges following a prior 10-year-minimum
915-disqualification.
1733+(I) the person has not previously been restored to commercial motor
1734+vehicle privileges following a prior 10-year-minimum disqualification.
9161735 (3) For purposes of verifying a person's prior 10-year alcohol and
9171736 drug history, the person shall provide a copy of the person's closed
9181737 criminal history from any jurisdiction to the division.
9191738 (4) If the division finds the person is eligible for restoration to
9201739 commercial driving status, such person shall complete the written and
9211740 driving skills examinations as specified in K.S.A. 8-2,133, and
9221741 amendments thereto, before a commercial driver license is issued.
9231742 (5) If the person is found ineligible for restoration of commercial
924-driving privileges, the division shall notify the person of such findings
925-by certified mail and continue the denial of commercial driving
926-privilege until such ineligibility has been disproven to the division's
927-satisfaction.
928-(6) Any person who previously had such person's commercial
929-motor vehicle privileges restored pursuant to this statute shall not be
930-eligible to apply for restoration if such person receives another lifetime
1743+driving privileges, the division shall notify the person of such findings by
1744+certified mail and continue the denial of commercial driving privilege until
1745+such ineligibility has been disproven to the division's satisfaction.
1746+(6) Any person who previously had such person's commercial motor
1747+vehicle privileges restored pursuant to this statute shall not be eligible to
1748+apply for restoration if such person receives another lifetime
9311749 disqualification.
932-(7) Any person who is aggrieved by the decision of the division
933-may appeal for review in accordance with the Kansas judicial review
934-act, K.S.A. 77-601 et seq., and amendments thereto.
1750+(7) Any person who is aggrieved by the decision of the division may
1751+appeal for review in accordance with the Kansas judicial review act,
1752+K.S.A. 77-601 et seq., and amendments thereto.
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9351796 (8) The secretary of revenue shall adopt rules and regulations
936-necessary to administer the provisions of this subsection prior to March
937-1, 2023.
1797+necessary to administer the provisions of this subsection prior to March 1,
1798+2023.
9381799 (e) (1) A person is disqualified from driving a commercial motor
939-vehicle for life who uses a commercial motor vehicle or
940-noncommercial motor vehicle in the commission of any felony
941-involving the manufacture, distribution or dispensing of a controlled
942-substance, or possession with intent to manufacture, distribute or
943-dispense a controlled substance.
944-(2) A person is disqualified from driving a commercial motor
945-vehicle for life who uses a commercial motor vehicle in the
946-commission of a felony involving an act or practice of severe forms of
947-trafficking in persons. The term "severe forms of trafficking in persons" SENATE BILL No. 491—page 17
948-means:
1800+vehicle for life who uses a commercial motor vehicle or noncommercial
1801+motor vehicle in the commission of any felony involving the manufacture,
1802+distribution or dispensing of a controlled substance, or possession with
1803+intent to manufacture, distribute or dispense a controlled substance.
1804+(2) A person is disqualified from driving a commercial motor vehicle
1805+for life who uses a commercial motor vehicle in the commission of a
1806+felony involving an act or practice of severe forms of trafficking in
1807+persons. The term "severe forms of trafficking in persons" means:
9491808 (A) Sex trafficking in which a commercial sex act is induced by
950-force, fraud or coercion, or in which the person induced to perform
951-such act has not attained 18 years of age; or
952-(B) the recruitment, harboring, transportation, provision or
953-obtaining of a person for labor or services, through the use of force,
954-fraud or coercion for the purpose of subjection to involuntary servitude,
955-peonage, debt bondage or slavery.
956-(f) A person is disqualified from driving a commercial motor
957-vehicle for a period of not less than 60 days if convicted of two serious
958-traffic violations, or 120 days if convicted of three or more serious
959-traffic violations, committed in a commercial motor vehicle arising
960-from separate incidents occurring within a three-year period. Any
961-disqualification period under this paragraph shall be in addition to any
962-other previous period of disqualification. The beginning date for any
963-three-year period within a ten-year period, required by this subsection,
964-shall be the issuance date of the citation which resulted in a conviction.
965-(g) A person is disqualified from driving a commercial motor
966-vehicle for a period of not less than 60 days if convicted of two serious
967-traffic violations, or 120 days if convicted of three or more serious
968-traffic violations, committed in a noncommercial motor vehicle arising
969-from separate incidents occurring within a three-year period, if such
970-convictions result in the revocation, cancellation or suspension of the
971-person's driving privileges.
972-(h) (1) A person who is convicted of operating a commercial
973-motor vehicle in violation of an out-of-service order shall be
974-disqualified from driving a commercial motor vehicle for a period of
975-not less than:
1809+force, fraud or coercion, or in which the person induced to perform such
1810+act has not attained 18 years of age; or
1811+(B) the recruitment, harboring, transportation, provision or obtaining
1812+of a person for labor or services, through the use of force, fraud or
1813+coercion for the purpose of subjection to involuntary servitude, peonage,
1814+debt bondage or slavery.
1815+(f) A person is disqualified from driving a commercial motor vehicle
1816+for a period of not less than 60 days if convicted of two serious traffic
1817+violations, or 120 days if convicted of three or more serious traffic
1818+violations, committed in a commercial motor vehicle arising from separate
1819+incidents occurring within a three-year period. Any disqualification period
1820+under this paragraph shall be in addition to any other previous period of
1821+disqualification. The beginning date for any three-year period within a ten-
1822+year period, required by this subsection, shall be the issuance date of the
1823+citation which resulted in a conviction.
1824+(g) A person is disqualified from driving a commercial motor vehicle
1825+for a period of not less than 60 days if convicted of two serious traffic
1826+violations, or 120 days if convicted of three or more serious traffic
1827+violations, committed in a noncommercial motor vehicle arising from
1828+separate incidents occurring within a three-year period, if such convictions
1829+result in the revocation, cancellation or suspension of the person's driving
1830+privileges.
1831+(h) (1) A person who is convicted of operating a commercial motor
1832+vehicle in violation of an out-of-service order shall be disqualified from
1833+driving a commercial motor vehicle for a period of not less than:
9761834 (A) One hundred and eighty days nor more than one year, if the
9771835 driver is convicted of a first violation of an out-of-service order;
9781836 (B) two years nor more than five years if the person has one prior
979-conviction for violating an out-of-service order in a separate incident
980-and such prior offense was committed within the 10 years immediately
1837+conviction for violating an out-of-service order in a separate incident and
1838+such prior offense was committed within the 10 years immediately
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9811882 preceding the date of the present violation; or
982-(C) three years nor more than five years if the person has two or
983-more prior convictions for violating out-of-service orders in separate
984-incidents and such prior offenses were committed within the 10 years
985-immediately preceding the date of the present violation.
1883+(C) three years nor more than five years if the person has two or more
1884+prior convictions for violating out-of-service orders in separate incidents
1885+and such prior offenses were committed within the 10 years immediately
1886+preceding the date of the present violation.
9861887 (2) A person who is convicted of operating a commercial motor
9871888 vehicle in violation of an out-of-service order while transporting a
988-hazardous material required to be placarded under 49 U.S.C. § 5101 et
989-seq. or while operating a motor vehicle designed to transport more than
990-15 passengers, including the driver, shall be disqualified from driving a
1889+hazardous material required to be placarded under 49 U.S.C. § 5101 et seq.
1890+or while operating a motor vehicle designed to transport more than 15
1891+passengers, including the driver, shall be disqualified from driving a
9911892 commercial motor vehicle for a period of not less than:
9921893 (A) One hundred and eighty days nor more than two years if the
9931894 driver is convicted of a first violation of an out-of-service order; or
9941895 (B) three years nor more than five years if the person has a prior
995-conviction for violating an out-of-service order in a separate incident
996-and such prior offense was committed within the 10 years immediately
1896+conviction for violating an out-of-service order in a separate incident and
1897+such prior offense was committed within the 10 years immediately
9971898 preceding the date of the present violation.
9981899 (i) (1) A person who is convicted of operating a commercial motor
999-vehicle in violation of a federal, state or local law or regulation
1000-pertaining to one of the following six offenses at a railroad-highway
1001-grade crossing shall be disqualified from driving a commercial motor
1002-vehicle for the period of time specified in paragraph (2) for persons:
1900+vehicle in violation of a federal, state or local law or regulation pertaining
1901+to one of the following six offenses at a railroad-highway grade crossing
1902+shall be disqualified from driving a commercial motor vehicle for the
1903+period of time specified in paragraph (2) for persons:
10031904 (A) Who are not required to always stop, failing to slow down and
10041905 check that the tracks are clear of an approaching train;
10051906 (B) who are not required to always stop, failing to stop before
1006-reaching the crossing, if the tracks are not clear; SENATE BILL No. 491—page 18
1907+reaching the crossing, if the tracks are not clear;
10071908 (C) who are always required to stop, failing to stop before driving
10081909 onto the crossing;
10091910 (D) failing to have sufficient space to drive completely through the
10101911 crossing without stopping;
10111912 (E) failing to obey a traffic control device or the directions of an
10121913 enforcement official at the crossing; or
10131914 (F) failing to negotiate a crossing because of insufficient
10141915 undercarriage clearance.
10151916 (2) A driver shall be disqualified from driving a commercial motor
10161917 vehicle for not less than:
10171918 (A) Sixty days if the driver is convicted of a first violation of a
10181919 railroad-highway grade crossing violation;
1019-(B) one hundred and twenty days if, during any three-year period,
1020-the driver is convicted of a second railroad-highway grade crossing
1021-violation in separate incidents; or
1022-(C) one year if, during any three-year period, the driver is
1023-convicted of a third or subsequent railroad-highway grade crossing
1024-violation in separate incidents.
1920+(B) one hundred and twenty days if, during any three-year period, the
1921+driver is convicted of a second railroad-highway grade crossing violation
1922+in separate incidents; or
1923+(C) one year if, during any three-year period, the driver is convicted
1924+of a third or subsequent railroad-highway grade crossing violation in
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1968+separate incidents.
10251969 (j) The division may require a person applying for a commercial
10261970 driver's license to be fingerprinted and submit to a state and national
10271971 criminal history record check in accordance with section 2, and
10281972 amendments thereto.
10291973 (k) After suspending, revoking or canceling a commercial driver's
1030-license, the division shall update its records to reflect that action within
1031-10 days. After suspending, revoking or canceling a nonresident
1032-commercial driver's privileges, the division shall notify the licensing
1033-authority of the state which issued the commercial driver's license or
1034-nonresident commercial driver's license within 10 days. The
1035-notification shall include both the disqualification and the violation that
1036-resulted in the disqualification, suspension, revocation or cancellation.
1974+license, the division shall update its records to reflect that action within 10
1975+days. After suspending, revoking or canceling a nonresident commercial
1976+driver's privileges, the division shall notify the licensing authority of the
1977+state which issued the commercial driver's license or nonresident
1978+commercial driver's license within 10 days. The notification shall include
1979+both the disqualification and the violation that resulted in the
1980+disqualification, suspension, revocation or cancellation.
10371981 (k)(l) Upon receiving notification from the licensing authority of
1038-another state, that it has disqualified a commercial driver's license
1039-holder licensed by this state, or has suspended, revoked or canceled
1040-such commercial driver's license holder's commercial driver's license,
1041-the division shall record such notification and the information such
1982+another state, that it has disqualified a commercial driver's license holder
1983+licensed by this state, or has suspended, revoked or canceled such
1984+commercial driver's license holder's commercial driver's license, the
1985+division shall record such notification and the information such
10421986 notification provides on the driver's record.
1043-(l)(m) Upon suspension, revocation, cancellation or
1044-disqualification of a commercial driver's license under this act, the
1045-license shall be immediately surrendered to the division if still in the
1046-licensee's possession. If otherwise eligible, and upon payment of the
1047-required fees, the licensee may be issued a noncommercial driver's
1048-license for the period of suspension, revocation, cancellation or
1049-disqualification of the commercial driver's license under the same
1050-identifier number.
1051-(m)(n) As used in this section, "test refusal" means a person's
1052-refusal to submit to and complete a test requested pursuant to K.S.A. 8-
1053-2,145, and amendments thereto; "test failure" means a person's
1054-submission to and completion of a test which determines that the
1055-person's alcohol concentration is .04 or greater, pursuant to K.S.A. 8-
1056-2,145, and amendments thereto.
1057-(n)(o) If a person is disqualified for life under on subsection (c),
1058-and at least one of the disqualifying incidents occurred prior to July 1,
1059-2003, the person may apply to the secretary of revenue for review of
1060-the incidents and modification of the disqualification. The secretary
1061-shall adopt rules and regulations establishing guidelines, including
1062-conditions, to administer this subsection prior to March 1, 2023.
1063-Sec. 11. K.S.A. 9-508 is hereby amended to read as follows: 9-
1064-508. As used in this act:
1065-(a) "Agent" means a person designated by a licensee to receive SENATE BILL No. 491—page 19
1066-funds from a Kansas resident in order to forward such funds to the
1067-licensee to effectuate money transmission at one or more physical
1068-locations throughout the state or through the internet, regardless of
1069-whether such person would be exempt from the act by conducting
1070-money transmission on such person's own behalf;
1987+(l)(m) Upon suspension, revocation, cancellation or disqualification
1988+of a commercial driver's license under this act, the license shall be
1989+immediately surrendered to the division if still in the licensee's possession.
1990+If otherwise eligible, and upon payment of the required fees, the licensee
1991+may be issued a noncommercial driver's license for the period of
1992+suspension, revocation, cancellation or disqualification of the commercial
1993+driver's license under the same identifier number.
1994+(m)(n) As used in this section, "test refusal" means a person's refusal
1995+to submit to and complete a test requested pursuant to K.S.A. 8-2,145, and
1996+amendments thereto; "test failure" means a person's submission to and
1997+completion of a test which determines that the person's alcohol
1998+concentration is .04 or greater, pursuant to K.S.A. 8-2,145, and
1999+amendments thereto.
2000+(n)(o) If a person is disqualified for life under on subsection (c), and
2001+at least one of the disqualifying incidents occurred prior to July 1, 2003,
2002+the person may apply to the secretary of revenue for review of the
2003+incidents and modification of the disqualification. The secretary shall
2004+adopt rules and regulations establishing guidelines, including conditions,
2005+to administer this subsection prior to March 1, 2023.
2006+Sec. 11. K.S.A. 9-508 is hereby amended to read as follows: 9-508.
2007+As used in this act:
2008+(a) "Agent" means a person designated by a licensee to receive funds
2009+from a Kansas resident in order to forward such funds to the licensee to
2010+effectuate money transmission at one or more physical locations
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2054+throughout the state or through the internet, regardless of whether such
2055+person would be exempt from the act by conducting money transmission
2056+on such person's own behalf;
10712057 (b) "applicant" means any individual, officer, director, partner,
1072-member or shareholder related to an application for a license under
1073-this act;
2058+member or shareholder related to an application for a license under this
2059+act;
10742060 (c) "commissioner" means the state bank commissioner;
10752061 (c)(d) "control" means the power directly or indirectly to direct
1076-management or policies of a person engaged in money transmission or
1077-to vote 25% or more of any class of voting shares of a person engaged
1078-in money transmission;
1079-(d)(e) "electronic instrument" means a card or other tangible
1080-object for the transmission or payment of money, including a prepaid
1081-access card or device which contains a microprocessor chip, magnetic
1082-stripe or other means for the storage of information, that is prefunded
1083-and for which the value is decremented upon each use, but does not
1084-include a card or other tangible object that is redeemable by the issuer
1085-in goods or services;
2062+management or policies of a person engaged in money transmission or to
2063+vote 25% or more of any class of voting shares of a person engaged in
2064+money transmission;
2065+(d)(e) "electronic instrument" means a card or other tangible object
2066+for the transmission or payment of money, including a prepaid access card
2067+or device which contains a microprocessor chip, magnetic stripe or other
2068+means for the storage of information, that is prefunded and for which the
2069+value is decremented upon each use, but does not include a card or other
2070+tangible object that is redeemable by the issuer in goods or services;
10862071 (e)(f) "executive" means an executive officer or director of a
10872072 licensee; 
10882073 (g) "licensee" means a person licensed under this act;
1089-(f)(h) "nationwide multi-state licensing system and registry"
1090-means a licensing system developed and maintained by the conference
1091-of state bank supervisors, or its successors and assigns, for the licensing
1092-and reporting of those persons engaging in the money transmission;
1093-(g)(i) "monetary value" means a medium of exchange, whether or
1094-not redeemable in money;
1095-(h)(j) "money transmission" means to engage in the business of
1096-the sale or issuance of payment instruments or of receiving money or
1097-monetary value for transmission to a location within or outside the
1098-United States by wire, facsimile, electronic means or any other means,
1099-except that money transmission does not include currency exchange
1100-where no transmission of money occurs;
2074+(f)(h) "nationwide multi-state licensing system and registry" means a
2075+licensing system developed and maintained by the conference of state
2076+bank supervisors, or its successors and assigns, for the licensing and
2077+reporting of those persons engaging in the money transmission;
2078+(g)(i) "monetary value" means a medium of exchange, whether or not
2079+redeemable in money;
2080+(h)(j) "money transmission" means to engage in the business of the
2081+sale or issuance of payment instruments or of receiving money or
2082+monetary value for transmission to a location within or outside the United
2083+States by wire, facsimile, electronic means or any other means, except that
2084+money transmission does not include currency exchange where no
2085+transmission of money occurs;
11012086 (i)(k) "outstanding payment liability" means:
11022087 (1) With respect to a payment instrument, any payment instrument
11032088 issued or sold by the licensee which has been sold in the United States
1104-directly by the licensee, or any payment instrument that has been sold
1105-by an agent of the licensee in the United States, which has been
1106-reported to the licensee as having been sold and which has not yet been
1107-paid by or for the licensee; or
1108-(2) with respect to the transmission of money or monetary value,
1109-any money or monetary value the licensee or an agent of the licensee
1110-has received from a customer in the United States for transmission
1111-which has not yet been delivered to the recipient or otherwise paid by
1112-the licensee;
2089+directly by the licensee, or any payment instrument that has been sold by
2090+an agent of the licensee in the United States, which has been reported to
2091+the licensee as having been sold and which has not yet been paid by or for
2092+the licensee; or
2093+(2) with respect to the transmission of money or monetary value, any
2094+money or monetary value the licensee or an agent of the licensee has
2095+received from a customer in the United States for transmission which has
2096+not yet been delivered to the recipient or otherwise paid by the licensee;
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11132140 (j)(l) "payment instrument" means any electronic or written check,
11142141 draft, money order, travelers check or other electronic or written
11152142 instrument or order for the transmission or payment of money, sold or
11162143 issued to one or more persons, whether or not such instrument is
11172144 negotiable. The term "payment instrument" does not include any credit
1118-card voucher, any letter of credit or any instrument which is redeemable
1119-by the issuer in goods or services;
2145+card voucher, any letter of credit or any instrument which is redeemable by
2146+the issuer in goods or services;
11202147 (k)(m) "permissible investments" means:
11212148 (1) Cash;
1122-(2) deposits in a demand or interest bearing account with a
1123-domestic federally insured depository institution, including certificates
1124-of deposit; SENATE BILL No. 491—page 20
2149+(2) deposits in a demand or interest bearing account with a domestic
2150+federally insured depository institution, including certificates of deposit;
11252151 (3) debt obligations of a domestic federally insured depository
11262152 institution;
1127-(4) any investment bearing a rating of one of the three highest
1128-grades as defined by a nationally recognized organization that rates
1129-such securities;
2153+(4) any investment bearing a rating of one of the three highest grades
2154+as defined by a nationally recognized organization that rates such
2155+securities;
11302156 (5) investment grade bonds and other legally created general
11312157 obligations of a state, an agency or political subdivision of a state, the
11322158 United States or an instrumentality of the United States;
11332159 (6) obligations that a state, an agency or political subdivision of a
11342160 state, the United States or an instrumentality of the United States has
11352161 unconditionally agreed to purchase, insure or guarantee and that bear a
11362162 rating of one of the three highest grades as defined by a nationally
11372163 recognized organization that rates securities;
11382164 (7) shares in a money market mutual fund, interest-bearing bills or
11392165 notes or bonds, debentures or stock traded on any national securities
11402166 exchange or on a national over-the-counter market, or mutual funds
1141-primarily composed of such securities or a fund composed of one or
1142-more permissible investments as set forth herein;
1143-(8) receivables that are payable to a licensee, in the ordinary
1144-course of business, pursuant to contracts which are not past due and
1145-which do not exceed in the aggregate 40% of the total required
1146-permissible investments pursuant to K.S.A. 9-513b, and amendments
1147-thereto. A receivable is past due if not remitted to the licensee within 10
1148-business days; or
2167+primarily composed of such securities or a fund composed of one or more
2168+permissible investments as set forth herein;
2169+(8) receivables that are payable to a licensee, in the ordinary course of
2170+business, pursuant to contracts which are not past due and which do not
2171+exceed in the aggregate 40% of the total required permissible investments
2172+pursuant to K.S.A. 9-513b, and amendments thereto. A receivable is past
2173+due if not remitted to the licensee within 10 business days; or
11492174 (9) any other investment or security device approved by the
11502175 commissioner;
1151-(l)(n) "person" means any individual, partnership, association,
1152-joint-stock association, trust, corporation or any other form of business
2176+(l)(n) "person" means any individual, partnership, association, joint-
2177+stock association, trust, corporation or any other form of business
11532178 enterprise;
1154-(m)(o) "resident" means any natural person or business entity
1155-located in this state;
1156-(n)(p) "service provider" means any person that provides services
1157-as described in K.S.A. 9-511(a)(2)(A), and amendments thereto, that
1158-are used by an exempt entity or its agent to provide money transmission
1159-services to the exempt entity's customers. A service provider does not
1160-contract with the customers of an exempt entity on its own or on behalf
1161-of an exempt entity or the exempt entity's agent; and
2179+(m)(o) "resident" means any natural person or business entity located
2180+in this state;
2181+(n)(p) "service provider" means any person that provides services as
2182+described in K.S.A. 9-511(a)(2)(A), and amendments thereto, that are used
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2226+by an exempt entity or its agent to provide money transmission services to
2227+the exempt entity's customers. A service provider does not contract with
2228+the customers of an exempt entity on its own or on behalf of an exempt
2229+entity or the exempt entity's agent; and
11622230 (o)(q) "tangible net worth" means the physical worth of a licensee,
1163-calculated by taking a licensee's assets and subtracting its liabilities and
1164-its intangible assets, such as copyrights, patents, intellectual property
1165-and goodwill.
1166-Sec. 12. K.S.A. 9-509 is hereby amended to read as follows: 9-
1167-509. (a) No person shall engage in the business of selling, issuing or
1168-delivering its payment instrument, check, draft, money order, personal
1169-money order, bill of exchange, evidence of indebtedness or other
1170-instrument for the transmission or payment of money or otherwise
1171-engage in the business of money transmission with a resident of this
1172-state, or, except as provided in K.S.A. 9-510, and amendments thereto,
1173-act as agent for another in the transmission of money as a service or for
1174-a fee or other consideration, unless such person files a complete
1175-application and obtains a license from the commissioner.
2231+calculated by taking a licensee's assets and subtracting its liabilities and its
2232+intangible assets, such as copyrights, patents, intellectual property and
2233+goodwill.
2234+Sec. 12. K.S.A. 9-509 is hereby amended to read as follows: 9-509.
2235+(a) No person shall engage in the business of selling, issuing or delivering
2236+its payment instrument, check, draft, money order, personal money order,
2237+bill of exchange, evidence of indebtedness or other instrument for the
2238+transmission or payment of money or otherwise engage in the business of
2239+money transmission with a resident of this state, or, except as provided in
2240+K.S.A. 9-510, and amendments thereto, act as agent for another in the
2241+transmission of money as a service or for a fee or other consideration,
2242+unless such person files a complete application and obtains a license from
2243+the commissioner.
11762244 (b) Each license shall expire December 31 of each year. A license
1177-shall be renewed by filing with the commissioner a complete
1178-application and nonrefundable application fee at least 30 days prior to
1179-expiration of the license. Renewal applications received between
1180-December 1 and December 31 of each year and incomplete renewal
1181-applications as of December 1 of each year shall be assessed a late fee.
1182-Expired licenses may be reinstated through the last day of February of
1183-each year by filing a reinstatement application and paying the SENATE BILL No. 491—page 21
1184-appropriate application and late fees.
2245+shall be renewed by filing with the commissioner a complete application
2246+and nonrefundable application fee at least 30 days prior to expiration of
2247+the license. Renewal applications received between December 1 and
2248+December 31 of each year and incomplete renewal applications as of
2249+December 1 of each year shall be assessed a late fee. Expired licenses may
2250+be reinstated through the last day of February of each year by filing a
2251+reinstatement application and paying the appropriate application and late
2252+fees.
11852253 (c) It shall be unlawful for a person, acting directly or indirectly or
1186-through concert with one or more persons, to acquire control of any
1187-person engaged in money transmission through purchase, assignment,
1188-pledge or other disposition of voting shares of such money transmitter,
1189-except with the prior approval of the commissioner. Request for
1190-approval of the proposed acquisition shall be made by filing a complete
1191-application with the commissioner at least 60 days prior to the
1192-acquisition.
2254+through concert with one or more persons, to acquire control of any person
2255+engaged in money transmission through purchase, assignment, pledge or
2256+other disposition of voting shares of such money transmitter, except with
2257+the prior approval of the commissioner. Request for approval of the
2258+proposed acquisition shall be made by filing a complete application with
2259+the commissioner at least 60 days prior to the acquisition.
11932260 (d) All applications shall be submitted in the form and manner
1194-prescribed by the commissioner. Additionally, the following shall apply
1195-to all applications:
2261+prescribed by the commissioner. Additionally, the following shall apply to
2262+all applications:
11962263 (1) The commissioner may use a nationwide multi-state licensing
11972264 system and registry for processing applications, renewals, amendments,
11982265 surrenders, and any other activity the commissioner deems appropriate.
1199-The commissioner may also use a nationwide multi-state licensing
1200-system and registry for requesting and distributing any information
1201-regarding money transmitter licensing to and from any source so
1202-directed by the commissioner. The commissioner may establish
1203-relationships or contracts with the nationwide multi-state licensing
1204-system and registry or other entities to collect and maintain records and
1205-process transaction fees or other fees related to applicants, licensees, as
1206-may be reasonably necessary to participate in the nationwide multi-
1207-state licensing system and registry. The commissioner may report
1208-violations of the law, as well as enforcement actions and other relevant
1209-information to the nationwide multi-state licensing system and registry.
1210-The commissioner may require any applicant or licensee to file reports
1211-with the nationwide multi-state licensing system and registry in the
1212-form prescribed by the commissioner.
2266+The commissioner may also use a nationwide multi-state licensing system
2267+and registry for requesting and distributing any information regarding
2268+money transmitter licensing to and from any source so directed by the
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2312+commissioner. The commissioner may establish relationships or contracts
2313+with the nationwide multi-state licensing system and registry or other
2314+entities to collect and maintain records and process transaction fees or
2315+other fees related to applicants, licensees, as may be reasonably necessary
2316+to participate in the nationwide multi-state licensing system and registry.
2317+The commissioner may report violations of the law, as well as enforcement
2318+actions and other relevant information to the nationwide multi-state
2319+licensing system and registry. The commissioner may require any
2320+applicant or licensee to file reports with the nationwide multi-state
2321+licensing system and registry in the form prescribed by the commissioner.
12132322 (2) An application shall be accompanied by nonrefundable fees
1214-established by the commissioner for the license. The commissioner
1215-shall determine the amount of such fees to provide sufficient funds to
1216-meet the budget requirements of administering and enforcing the act for
1217-each fiscal year. Any person using the multi-state licensing system shall
1218-pay all associated costs.
2323+established by the commissioner for the license. The commissioner shall
2324+determine the amount of such fees to provide sufficient funds to meet the
2325+budget requirements of administering and enforcing the act for each fiscal
2326+year. Any person using the multi-state licensing system shall pay all
2327+associated costs.
12192328 (3) (A) The commissioner may require fingerprinting of any
12202329 individual, officer, director, partner, member, shareholder or any other
1221-person related to the application deemed necessary by the
1222-commissioner an applicant in accordance with section 2, and
1223-amendments thereto. If the applicant is a publicly traded corporation or
1224-a subsidiary of a publicly traded corporation, no fingerprint check shall
1225-be required. Fingerprints may be submitted to the Kansas bureau of
1226-investigation and the federal bureau of investigation for a state and
1227-national criminal history record check. The fingerprints shall be used to
1228-identify the person and to determine whether the person has a record of
1229-arrests and convictions in this state or other jurisdiction.
2330+person related to the application deemed necessary by the commissioner
2331+an applicant in accordance with section 2, and amendments thereto. If the
2332+applicant is a publicly traded corporation or a subsidiary of a publicly
2333+traded corporation, no fingerprint check shall be required. Fingerprints
2334+may be submitted to the Kansas bureau of investigation and the federal
2335+bureau of investigation for a state and national criminal history record
2336+check. The fingerprints shall be used to identify the person and to
2337+determine whether the person has a record of arrests and convictions in
2338+this state or other jurisdiction.
12302339 (B) The commissioner may use information obtained from
12312340 fingerprinting and the criminal history for purposes of verifying the
12322341 identification of the person and in the official determination of the
12332342 qualifications and fitness of the person, or in the case of an applicant
12342343 company, the persons associated with the company.
1235-(C) For purposes of this section and in order to reduce the points
1236-of contact which the federal bureau of investigation may have with the
2344+(C) For purposes of this section and in order to reduce the points of
2345+contact which the federal bureau of investigation may have with the
12372346 individual states, the commissioner may use a nationwide multi-state
12382347 licensing system and registry for requesting information from and
1239-distributing information to the department of justice or any
1240-governmental agency.
2348+distributing information to the department of justice or any governmental
2349+agency.
12412350 (D) Whenever the commissioner requires fingerprinting, any
1242-associated costs shall be paid by the applicant or the parties to the SENATE BILL No. 491—page 22
2351+associated costs shall be paid by the applicant or the parties to the
12432352 application.
12442353 (4) Each application shall include audited financial statements for
12452354 each of the two fiscal years immediately preceding the date of the
1246-application and an interim financial statement, as of a date not more
1247-than 90 days prior to the date of the filing of an application. The
1248-audited and interim financial statements shall be prepared in
1249-accordance with United States generally accepted accounting principles
1250-or in any other form or manner approved by the commissioner. Any
1251-person not in business two years prior to the filing of the application
1252-shall submit a statement in the form and manner prescribed by the
1253-commissioner sufficient to demonstrate compliance with subsection (e).
1254-(e) In addition, each person submitting an application shall meet
1255-the following requirements:
1256-(1) The tangible net worth of such person shall be at all times not
1257-less than $250,000, as shown by an audited financial statement and
1258-certified to by an owner, a partner or officer of the corporation or other
1259-entity filed in the form and manner prescribed by the commissioner. A
1260-consolidated financial statement from an applicant's holding company
1261-may be accepted by the commissioner. The commissioner may require
1262-any person to file a statement at any other time upon request;
1263-(2) such person shall deposit and at all times keep on deposit with
1264-a bank in this state approved by the commissioner, cash or securities
1265-satisfactory to the commissioner in an amount not less than $200,000.
1266-The commissioner may increase the amount of cash or securities
1267-required up to a maximum of $1,000,000 upon the basis of:
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2398+application and an interim financial statement, as of a date not more than
2399+90 days prior to the date of the filing of an application. The audited and
2400+interim financial statements shall be prepared in accordance with United
2401+States generally accepted accounting principles or in any other form or
2402+manner approved by the commissioner. Any person not in business two
2403+years prior to the filing of the application shall submit a statement in the
2404+form and manner prescribed by the commissioner sufficient to demonstrate
2405+compliance with subsection (e).
2406+(e) In addition, each person submitting an application shall meet the
2407+following requirements:
2408+(1) The tangible net worth of such person shall be at all times not less
2409+than $250,000, as shown by an audited financial statement and certified to
2410+by an owner, a partner or officer of the corporation or other entity filed in
2411+the form and manner prescribed by the commissioner. A consolidated
2412+financial statement from an applicant's holding company may be accepted
2413+by the commissioner. The commissioner may require any person to file a
2414+statement at any other time upon request;
2415+(2) such person shall deposit and at all times keep on deposit with a
2416+bank in this state approved by the commissioner, cash or securities
2417+satisfactory to the commissioner in an amount not less than $200,000. The
2418+commissioner may increase the amount of cash or securities required up to
2419+a maximum of $1,000,000 upon the basis of:
12682420 (A) The volume of money transmission business transacted in this
12692421 state by such person; or
1270-(B) the impaired financial condition of a licensee, as evidenced by
1271-a reduction in net worth or financial losses;
2422+(B) the impaired financial condition of a licensee, as evidenced by a
2423+reduction in net worth or financial losses;
12722424 (3) in lieu of the deposit of cash or securities required by this
1273-subsection, such person may give a surety bond in an amount equal to
1274-that required for the deposit of cash or securities, in a form satisfactory
1275-to the commissioner and issued by a company authorized to do
1276-business in this state, which bond shall be payable to the office of the
1277-state bank commissioner and be filed with the commissioner; and
1278-(4) such person shall submit a list to the commissioner of the
1279-names and addresses of other persons who are authorized to act as
1280-agents for transactions with Kansas residents.
2425+subsection, such person may give a surety bond in an amount equal to that
2426+required for the deposit of cash or securities, in a form satisfactory to the
2427+commissioner and issued by a company authorized to do business in this
2428+state, which bond shall be payable to the office of the state bank
2429+commissioner and be filed with the commissioner; and
2430+(4) such person shall submit a list to the commissioner of the names
2431+and addresses of other persons who are authorized to act as agents for
2432+transactions with Kansas residents.
12812433 (f) The commissioner has the discretion to determine the
1282-completeness of any application submitted pursuant to this act. In
1283-making the determination, the commissioner shall take into
1284-consideration compliance with all requirements set out in this section
1285-and any other facts and circumstances that the commissioner deems
1286-appropriate.
1287-(1) If the applicant fails to complete the application for a new
1288-license or for a change of control of a license within 60 days after the
2434+completeness of any application submitted pursuant to this act. In making
2435+the determination, the commissioner shall take into consideration
2436+compliance with all requirements set out in this section and any other facts
2437+and circumstances that the commissioner deems appropriate.
2438+(1) If the applicant fails to complete the application for a new license
2439+or for a change of control of a license within 60 days after the
12892440 commissioner provides written notice of the incomplete application, the
1290-application will be considered abandoned and the application fee will
1291-not be refunded. An applicant whose application is abandoned under
1292-this section may reapply to obtain a license.
1293-(2) If the applicant fails to file a complete renewal application on
1294-or before December 31 of the year, the license will be deemed to expire
1295-on December 31 of the year.
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2484+application will be considered abandoned and the application fee will not
2485+be refunded. An applicant whose application is abandoned under this
2486+section may reapply to obtain a license.
2487+(2) If the applicant fails to file a complete renewal application on or
2488+before December 31 of the year, the license will be deemed to expire on
2489+December 31 of the year.
12962490 (g) The deposit of cash, securities or surety bond required by this
12972491 section shall be subject to:
12982492 (1) Payment to the commissioner for the protection and benefit of
12992493 purchasers of money transmission services, purchasers or holders of
1300-payment instruments furnished by such person, and those for whom
1301-such person has agreed to act as agent in transmission of monetary SENATE BILL No. 491—page 23
1302-value and to secure the faithful performance of the obligations of such
1303-person in respect to the receipt, handling, transmission and payment of
1304-monetary value; and
2494+payment instruments furnished by such person, and those for whom such
2495+person has agreed to act as agent in transmission of monetary value and to
2496+secure the faithful performance of the obligations of such person in respect
2497+to the receipt, handling, transmission and payment of monetary value; and
13052498 (2) payment to the commissioner for satisfaction of any expenses,
1306-fines, fees or refunds due pursuant to this act, levied by the
1307-commissioner or that become lawfully due pursuant to a final judgment
1308-or order.
2499+fines, fees or refunds due pursuant to this act, levied by the commissioner
2500+or that become lawfully due pursuant to a final judgment or order.
13092501 (h) The aggregate liability of the surety for all breaches of the
1310-conditions of the bond, in no event, shall exceed the amount of such
1311-bond. The surety on the bond shall have the right to cancel such bond
1312-upon giving 30 days' notice to the commissioner and thereafter shall be
1313-relieved of liability for any breach of condition occurring after the
1314-effective date of the cancellation. The commissioner or any aggrieved
1315-party may enforce claims against such deposit of cash or securities or
1316-surety bond. So long as the depositing person is not in violation of this
1317-act, such person shall be permitted to receive all interest and dividends
1318-on the deposit and shall have the right to substitute other securities
1319-satisfactory to the commissioner. If the deposit is made with a bank,
1320-any custodial fees shall be paid by such person.
2502+conditions of the bond, in no event, shall exceed the amount of such bond.
2503+The surety on the bond shall have the right to cancel such bond upon
2504+giving 30 days' notice to the commissioner and thereafter shall be relieved
2505+of liability for any breach of condition occurring after the effective date of
2506+the cancellation. The commissioner or any aggrieved party may enforce
2507+claims against such deposit of cash or securities or surety bond. So long as
2508+the depositing person is not in violation of this act, such person shall be
2509+permitted to receive all interest and dividends on the deposit and shall
2510+have the right to substitute other securities satisfactory to the
2511+commissioner. If the deposit is made with a bank, any custodial fees shall
2512+be paid by such person.
13212513 (i) (1) The commissioner shall have the authority to examine the
13222514 books and records of any person operating in accordance with the
1323-provisions of this act, at such person's expense, to verify compliance
1324-with state and federal law.
2515+provisions of this act, at such person's expense, to verify compliance with
2516+state and federal law.
13252517 (2) The commissioner may require any person operating in
1326-accordance with the provisions of this act to maintain such documents
1327-and records as necessary to verify compliance with this act, or any
1328-other applicable state or federal law or regulation.
2518+accordance with the provisions of this act to maintain such documents and
2519+records as necessary to verify compliance with this act, or any other
2520+applicable state or federal law or regulation.
13292521 (3) For purposes of investigation, examination or other proceeding
13302522 under this act, the commissioner may administer or cause to be
13312523 administered oaths, subpoena witnesses and documents, compel the
1332-attendance of witnesses, take evidence and require the production of
1333-any document that the commissioner determines to be relevant to the
1334-inquiry.
1335-(j) Except as authorized with regard to the appointment of agents,
1336-a licensee is prohibited from transferring, assigning, allowing another
1337-person to use the licensee's license, or aiding any person who does not
1338-hold a valid license under this act in engaging in the business of money
2524+attendance of witnesses, take evidence and require the production of any
2525+document that the commissioner determines to be relevant to the inquiry.
2526+(j) Except as authorized with regard to the appointment of agents, a
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2570+licensee is prohibited from transferring, assigning, allowing another person
2571+to use the licensee's license, or aiding any person who does not hold a
2572+valid license under this act in engaging in the business of money
13392573 transmission.
1340-Sec. 13. K.S.A. 9-513e is hereby amended to read as follows: 9-
1341-513e. (a) Each licensee under this act shall within 30 days report to the
1342-commissioner any change, for whatever reason, in the executive
1343-officers or directors, including in its report a statement of the past and
1344-current business and professional affiliations of the new executive
1345-officers or directors.
2574+Sec. 13. K.S.A. 9-513e is hereby amended to read as follows: 9-513e.
2575+(a) Each licensee under this act shall within 30 days report to the
2576+commissioner any change, for whatever reason, in the executive officers or
2577+directors, including in its report a statement of the past and current
2578+business and professional affiliations of the new executive officers or
2579+directors.
13462580 (b) The commissioner may require fingerprinting of any new
13472581 executive officer or director, deemed necessary by the commissioner in
13482582 accordance with section 2, and amendments thereto. Such fingerprints
13492583 may be submitted to the Kansas bureau of investigation and the federal
13502584 bureau of investigation for a state and national criminal history record
13512585 check. The fingerprints shall be used to identify the person and to
13522586 determine whether the person has a record of arrests and convictions in
13532587 this state or other jurisdiction.
13542588 (c) The commissioner may use information obtained from
13552589 fingerprinting and the criminal history for purposes of verifying the
13562590 identification of the person and in the official determination of the
13572591 qualifications and fitness of the person.
13582592 (d) For purposes of this section and in order to reduce the points of
13592593 contact which the federal bureau of investigation may have with the
1360-individual states, the commissioner may use a nationwide multi-state SENATE BILL No. 491—page 24
2594+individual states, the commissioner may use a nationwide multi-state
13612595 licensing system and registry for requesting information from and
1362-distributing information to the department of justice or any
1363-governmental agency.
2596+distributing information to the department of justice or any governmental
2597+agency.
13642598 (e) Whenever the commissioner requires fingerprinting, any
13652599 associated costs shall be paid by the applicant or the parties to the
1366-application. If the applicant is a publicly traded corporation or a
1367-subsidiary of a publicly traded corporation, no fingerprint check shall
1368-be required.
1369-(f)(d) The provisions of this section shall be part of and
1370-supplemental to the Kansas money transmitter act.
1371-Sec. 14. K.S.A. 9-1719 is hereby amended to read as follows: 9-
1372-1719. As used in K.S.A. 9-1719 to 9-1722, inclusive, and amendments
1373-thereto:
2600+application. If the applicant is a publicly traded corporation or a subsidiary
2601+of a publicly traded corporation, no fingerprint check shall be required.
2602+(f)(d) The provisions of this section shall be part of and supplemental
2603+to the Kansas money transmitter act.
2604+Sec. 14. K.S.A. 9-1719 is hereby amended to read as follows: 9-1719.
2605+As used in K.S.A. 9-1719 to 9-1722, inclusive, and amendments thereto:
13742606 (a) "Applicant" means a person who has submitted a change of
1375-control application pursuant to K.S.A. 9-1721, and amendments
1376-thereto.
2607+control application pursuant to K.S.A. 9-1721, and amendments thereto.
13772608 (b) "Control" means the power to:
13782609 (1) Vote 25% or more of any class of voting shares;
1379-(2) direct, in any manner, the election of a majority of the
1380-directors; or
1381-(3) direct or exercise a controlling influence over the management
1382-or policies.
2610+(2) direct, in any manner, the election of a majority of the directors;
2611+or
2612+(3) direct or exercise a controlling influence over the management or
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2656+policies.
13832657 (b)(c) "Person" means an individual or a corporation, partnership,
13842658 trust, association, joint venture, pool, syndicate, sole proprietorship,
13852659 unincorporated organization or any other form of entity not specifically
13862660 listed in this subsection.
1387-Sec. 15. K.S.A. 9-1722 is hereby amended to read as follows: 9-
1388-1722. (a) A change of control application filed pursuant to K.S.A. 9-
1389-1721, and amendments thereto, shall contain the following information:
2661+Sec. 15. K.S.A. 9-1722 is hereby amended to read as follows: 9-1722.
2662+(a) A change of control application filed pursuant to K.S.A. 9-1721, and
2663+amendments thereto, shall contain the following information:
13902664 (1) The identity, personal history, business background and
13912665 experience of each person by or for whom the change of control is to be
1392-made, including the material business activities and affiliations during
1393-the past five years and a description of any material pending legal or
1394-administrative proceedings in which the person is a party and any
1395-criminal indictment or conviction of such person by a state or federal
1396-court;
2666+made, including the material business activities and affiliations during the
2667+past five years and a description of any material pending legal or
2668+administrative proceedings in which the person is a party and any criminal
2669+indictment or conviction of such person by a state or federal court;
13972670 (2) a statement of the assets and liabilities of each person by or for
13982671 whom the change of control is to be made, along with any related
1399-statements of income and source and application of funds, as of a date
1400-not more than 90 days prior to the date of the application. Individuals
1401-who own 10% or more shares in a bank holding company, as defined in
1402-K.S.A. 9-519, and amendments thereto, shall file the financial
1403-information required by this paragraph;
2672+statements of income and source and application of funds, as of a date not
2673+more than 90 days prior to the date of the application. Individuals who
2674+own 10% or more shares in a bank holding company, as defined in K.S.A.
2675+9-519, and amendments thereto, shall file the financial information
2676+required by this paragraph;
14042677 (3) the terms and conditions of the proposed change of control and
14052678 the manner in which such change of control is to be made;
14062679 (4) the identity, source and amount of the funds or other
1407-considerations used or to be used in making the change of control and,
1408-if any part of these funds or other considerations has been or is to be
2680+considerations used or to be used in making the change of control and, if
2681+any part of these funds or other considerations has been or is to be
14092682 borrowed or otherwise obtained for such purpose, a description of the
1410-transaction, the names of the parties, and any arrangements, agreements
1411-or understandings with such persons;
1412-(5) any plans or proposals which any applicant may have to
1413-liquidate the bank or trust company or to make any other major change
1414-in the bank's or trust company's business or corporate structure or
1415-management;
2683+transaction, the names of the parties, and any arrangements, agreements or
2684+understandings with such persons;
2685+(5) any plans or proposals which any applicant may have to liquidate
2686+the bank or trust company or to make any other major change in the bank's
2687+or trust company's business or corporate structure or management;
14162688 (6) the identification of any person employed, retained or to be
14172689 compensated by any party or by any person on such person's behalf to
1418-make solicitations or recommendations to stockholders for the purpose
1419-of assisting in the change of control and a brief description of the terms SENATE BILL No. 491—page 25
1420-of such employment, retainer or arrangement for compensation;
2690+make solicitations or recommendations to stockholders for the purpose of
2691+assisting in the change of control and a brief description of the terms of
2692+such employment, retainer or arrangement for compensation;
14212693 (7) copies of all invitations or tenders or advertisements making a
14222694 tender offer to stockholders for purchase of their stock to be used in
14232695 connection with the proposed change of control;
14242696 (8) when applicable, the certified copies of the stockholder
1425-proceedings showing a majority of the outstanding voting stock was
1426-voted in favor of the change of control; and
2697+proceedings showing a majority of the outstanding voting stock was voted
2698+in favor of the change of control; and
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14272742 (9) any additional relevant information in the form and manner
14282743 prescribed by the commissioner.
1429-(b) A merger transaction application filed pursuant to K.S.A. 9-
1430-1721, and amendments thereto, shall contain the following information:
1431-(1) The structure, terms and conditions and financing
1432-arrangements of the proposed merger transaction;
2744+(b) A merger transaction application filed pursuant to K.S.A. 9-1721,
2745+and amendments thereto, shall contain the following information:
2746+(1) The structure, terms and conditions and financing arrangements of
2747+the proposed merger transaction;
14332748 (2) a complete and final copy of the merger transaction agreement;
14342749 (3) certified copies of the stockholder proceedings showing a
1435-majority of the outstanding voting stock of the banks or trust
1436-companies in the merger transaction was voted in favor of the merger
1437-transaction;
2750+majority of the outstanding voting stock of the banks or trust companies in
2751+the merger transaction was voted in favor of the merger transaction;
14382752 (4) a list of directors and senior executive officers of the resulting
14392753 bank or trust company;
1440-(5) one year pro forma statements of financial conditions and
1441-future prospects of the resulting bank or trust company, including
1442-capital positions;
1443-(6) how the merger transaction will meet the convenience and
1444-needs of the community; and
1445-(7) any other relevant information in the form and manner
1446-prescribed by the commissioner.
1447-(c) With regard to any trust company which files a notice pursuant
1448-to this section, the commissioner may require fingerprinting of any
1449-proposed officer, director, shareholder or any other person deemed
1450-necessary by the commissioner an applicant in accordance with
1451-section 2, and amendments thereto. Such fingerprints may be submitted
1452-to the Kansas bureau of investigation and the federal bureau of
1453-investigation for a state and national criminal history record check. The
1454-fingerprints shall be used to identify the person and to determine
1455-whether the person has a record of arrests and convictions in this state
1456-or any other jurisdiction. The commissioner may use information
1457-obtained from fingerprinting and the criminal history for purposes of
1458-verifying the identification of the person and in the official
1459-determination of the qualifications and fitness of the persons proposing
1460-to acquire the trust company. Whenever the commissioner requires
1461-fingerprinting, any associated costs shall be paid by the applicant or the
1462-parties to the application.
2754+(5) one year pro forma statements of financial conditions and future
2755+prospects of the resulting bank or trust company, including capital
2756+positions;
2757+(6) how the merger transaction will meet the convenience and needs
2758+of the community; and
2759+(7) any other relevant information in the form and manner prescribed
2760+by the commissioner.
2761+(c) With regard to any trust company which files a notice pursuant to
2762+this section, the commissioner may require fingerprinting of any proposed
2763+officer, director, shareholder or any other person deemed necessary by the
2764+commissioner an applicant in accordance with section 2, and amendments
2765+thereto. Such fingerprints may be submitted to the Kansas bureau of
2766+investigation and the federal bureau of investigation for a state and
2767+national criminal history record check. The fingerprints shall be used to
2768+identify the person and to determine whether the person has a record of
2769+arrests and convictions in this state or any other jurisdiction. The
2770+commissioner may use information obtained from fingerprinting and the
2771+criminal history for purposes of verifying the identification of the person
2772+and in the official determination of the qualifications and fitness of the
2773+persons proposing to acquire the trust company. Whenever the
2774+commissioner requires fingerprinting, any associated costs shall be paid by
2775+the applicant or the parties to the application.
14632776 (d) The commissioner may accept an application filed with the
1464-federal reserve bank or federal deposit insurance corporation in lieu of
1465-an application filed pursuant to subsection (a). The commissioner may,
1466-in addition to such application, request additional relevant information.
1467-(e) At the time of filing an application pursuant to K.S.A. 9-1721,
1468-and amendments thereto, or an application filed pursuant to subsection
1469-(d), the applicant shall pay to the commissioner a fee in an amount
1470-established pursuant to K.S.A. 9-1726, and amendments thereto, to
1471-defray the expenses of the commissioner in the examination and
1472-investigation of the application. The commissioner shall remit all
1473-moneys received under this section to the state treasurer in accordance
1474-with the provisions of K.S.A. 75-4215, and amendments thereto. Upon
1475-receipt of each such remittance, the state treasurer shall deposit the
1476-entire amount in the state treasury to the credit of the bank investigation
1477-fund. The moneys in the bank investigation fund shall be used to pay
1478-the expenses of the commissioner in the examination and investigation SENATE BILL No. 491—page 26
1479-of such applications and any unused balance shall be transferred to the
1480-bank commissioner fee fund.
1481-Sec. 16. K.S.A. 9-2201 is hereby amended to read as follows: 9-
1482-2201. As used in this act:
1483-(a) "Applicant" means a person who has submitted an application
1484-for a license to engage in mortgage business or a person who has
1485-submitted an application for registration to conduct mortgage business
1486-in this state as a loan originator.
1487-(b) "Branch office" means a place of business, other than a
1488-principal place of business, where the mortgage company maintains a
1489-physical location for the purpose of conducting mortgage business with
1490-the public.
2777+federal reserve bank or federal deposit insurance corporation in lieu of an
2778+application filed pursuant to subsection (a). The commissioner may, in
2779+addition to such application, request additional relevant information.
2780+(e) At the time of filing an application pursuant to K.S.A. 9-1721, and
2781+amendments thereto, or an application filed pursuant to subsection (d), the
2782+applicant shall pay to the commissioner a fee in an amount established
2783+pursuant to K.S.A. 9-1726, and amendments thereto, to defray the
2784+expenses of the commissioner in the examination and investigation of the
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2828+application. The commissioner shall remit all moneys received under this
2829+section to the state treasurer in accordance with the provisions of K.S.A.
2830+75-4215, and amendments thereto. Upon receipt of each such remittance,
2831+the state treasurer shall deposit the entire amount in the state treasury to
2832+the credit of the bank investigation fund. The moneys in the bank
2833+investigation fund shall be used to pay the expenses of the commissioner
2834+in the examination and investigation of such applications and any unused
2835+balance shall be transferred to the bank commissioner fee fund.
2836+Sec. 16. K.S.A. 9-2201 is hereby amended to read as follows: 9-2201.
2837+As used in this act:
2838+(a) "Applicant" means a person who has submitted an application for
2839+a license to engage in mortgage business or a person who has submitted
2840+an application for registration to conduct mortgage business in this state
2841+as a loan originator.
2842+(b) "Branch office" means a place of business, other than a principal
2843+place of business, where the mortgage company maintains a physical
2844+location for the purpose of conducting mortgage business with the public.
14912845 (b)(c) "Commissioner" means the state bank commissioner or
14922846 designee, who shall be the deputy commissioner of the consumer and
14932847 mortgage lending division of the office of the state bank commissioner.
14942848 (c)(d) "Individual" means a human being.
14952849 (d)(e) "License" means a license issued by the commissioner to
14962850 engage in mortgage business as a mortgage company.
14972851 (e)(f) "Licensee" means a person who is licensed by the
14982852 commissioner as a mortgage company.
14992853 (f)(g) "Loan originator" means an individual:
1500-(1) Who engages in mortgage business on behalf of a single
1501-mortgage company;
1502-(2) whose conduct of mortgage business is the responsibility of
1503-the licensee;
2854+(1) Who engages in mortgage business on behalf of a single mortgage
2855+company;
2856+(2) whose conduct of mortgage business is the responsibility of the
2857+licensee;
15042858 (3) who takes a residential mortgage loan application or offers or
1505-negotiates terms of a residential mortgage loan for compensation or
1506-gain or in the expectation of compensation or gain; and
1507-(4) whose job responsibilities include contact with borrowers
1508-during the loan origination process, which can include soliciting,
1509-negotiating, acquiring, arranging or making mortgage loans for others,
1510-obtaining personal or financial information, assisting with the
1511-preparation of mortgage loan applications or other documents, quoting
1512-loan rates or terms or providing required disclosures. It does not
1513-include any individual engaged solely as a loan processor or
1514-underwriter.
2859+negotiates terms of a residential mortgage loan for compensation or gain or
2860+in the expectation of compensation or gain; and
2861+(4) whose job responsibilities include contact with borrowers during
2862+the loan origination process, which can include soliciting, negotiating,
2863+acquiring, arranging or making mortgage loans for others, obtaining
2864+personal or financial information, assisting with the preparation of
2865+mortgage loan applications or other documents, quoting loan rates or terms
2866+or providing required disclosures. It does not include any individual
2867+engaged solely as a loan processor or underwriter.
15152868 (g)(h) "Loan processor or underwriter" means an individual who
15162869 performs clerical or support duties as an employee at the direction and
1517-subject to the supervision and instruction of a person registered or
1518-exempt from registration under this act.
2870+subject to the supervision and instruction of a person registered or exempt
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2914+from registration under this act.
15192915 (1) For purposes of this subsection, the term "clerical or support
15202916 duties" may include subsequent to the receipt of a mortgage loan
15212917 application:
1522-(A) The receipt, collection, distribution and analysis of
1523-information common for the processing or underwriting of a residential
1524-mortgage loan; and
2918+(A) The receipt, collection, distribution and analysis of information
2919+common for the processing or underwriting of a residential mortgage loan;
2920+and
15252921 (B) communicating with a consumer to obtain the information
15262922 necessary for the processing or underwriting of a loan, to the extent that
1527-such communication does not include offering or negotiating loan rates
1528-or terms or counseling consumers about residential mortgage loan rates
1529-or terms.
2923+such communication does not include offering or negotiating loan rates or
2924+terms or counseling consumers about residential mortgage loan rates or
2925+terms.
15302926 (2) An individual engaging solely in loan processor or underwriter
15312927 activities shall not represent to the public, through advertising or other
15322928 means of communicating or providing information including the use of
1533-business cards, stationery, brochures, signs, rate lists or other
1534-promotional items, that such individual can or will perform any of the
1535-activities of a loan originator.
1536-(h)(i) "Mortgage business" means engaging in, or holding out to
1537-the public as willing to engage in, for compensation or gain, or in the SENATE BILL No. 491—page 27
1538-expectation of compensation or gain, directly or indirectly, the business
1539-of making, originating, servicing, soliciting, placing, negotiating,
1540-acquiring, selling, arranging for others, or holding the rights to or
1541-offering to solicit, place, negotiate, acquire, sell or arrange for others,
1542-mortgage loans in the primary market.
2929+business cards, stationery, brochures, signs, rate lists or other promotional
2930+items, that such individual can or will perform any of the activities of a
2931+loan originator.
2932+(h)(i) "Mortgage business" means engaging in, or holding out to the
2933+public as willing to engage in, for compensation or gain, or in the
2934+expectation of compensation or gain, directly or indirectly, the business of
2935+making, originating, servicing, soliciting, placing, negotiating, acquiring,
2936+selling, arranging for others, or holding the rights to or offering to solicit,
2937+place, negotiate, acquire, sell or arrange for others, mortgage loans in the
2938+primary market.
15432939 (i)(j) "Mortgage company" means a person engaged in mortgage
15442940 business.
15452941 (j)(k) "Mortgage loan" means a loan or agreement to extend credit
1546-made to one or more individuals which is secured by a first or
1547-subordinate mortgage, deed of trust, contract for deed or other similar
1548-instrument or document representing a security interest or lien, except
1549-as provided for in K.S.A. 60-1101 through 60-1110, and amendments
1550-thereto, upon any lot intended for residential purposes or a one-to-four
1551-family dwelling as defined in 15 U.S.C. § 1602(w), located in this state,
1552-occupied or intended to be occupied for residential purposes by the
1553-owner, including the renewal or refinancing of any such loan.
2942+made to one or more individuals which is secured by a first or subordinate
2943+mortgage, deed of trust, contract for deed or other similar instrument or
2944+document representing a security interest or lien, except as provided for in
2945+K.S.A. 60-1101 through 60-1110, and amendments thereto, upon any lot
2946+intended for residential purposes or a one-to-four family dwelling as
2947+defined in 15 U.S.C. § 1602(w), located in this state, occupied or intended
2948+to be occupied for residential purposes by the owner, including the renewal
2949+or refinancing of any such loan.
15542950 (k)(l) "Mortgage loan application" means the submission of a
15552951 consumer's financial information, including, but not limited to, the
15562952 consumer's name, income and social security number, to obtain a credit
1557-report, the property address, an estimate of the value of the property
1558-and the mortgage loan amount sought for the purpose of obtaining an
1559-extension of credit.
1560-(l)(m) "Mortgage servicer" means any person engaged in
1561-mortgage servicing.
2953+report, the property address, an estimate of the value of the property and
2954+the mortgage loan amount sought for the purpose of obtaining an extension
2955+of credit.
2956+(l)(m) "Mortgage servicer" means any person engaged in mortgage
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3000+servicing.
15623001 (m)(n) "Mortgage servicing" means collecting payment, remitting
1563-payment for another or the right to collect or remit payment of any of
1564-the following: Principal; interest; tax; insurance; or other payment
1565-under a mortgage loan.
1566-(n)(o) "Nationwide mortgage licensing system and registry"
1567-means a mortgage licensing system developed and maintained by the
1568-conference of state bank supervisors and the American association of
1569-residential mortgage regulators for the licensing and registration of
1570-mortgage loan originators.
3002+payment for another or the right to collect or remit payment of any of the
3003+following: Principal; interest; tax; insurance; or other payment under a
3004+mortgage loan.
3005+(n)(o) "Nationwide mortgage licensing system and registry" means a
3006+mortgage licensing system developed and maintained by the conference of
3007+state bank supervisors and the American association of residential
3008+mortgage regulators for the licensing and registration of mortgage loan
3009+originators.
15713010 (o)(p) "Not-for-profit" means a business entity that is granted tax
15723011 exempt status by the internal revenue service.
15733012 (p)(q) "Person" means any individual, sole proprietorship,
1574-corporation, partnership, trust, association, joint venture, pool
1575-syndicate, unincorporated organization or other form of entity, however
1576-organized.
1577-(q)(r) "Primary market" means the market wherein mortgage
1578-business is conducted including activities conducted by any person who
1579-assumes or accepts any mortgage business responsibilities of the
1580-original parties to the transaction.
1581-(r)(s) "Principal place of business" means a place of business
1582-where mortgage business is conducted, which has been designated by a
1583-licensee as the primary headquarters from which all mortgage business
1584-and administrative activities are managed and directed.
1585-(s)(t) "Promotional items" means pens, pencils, hats and other
1586-such novelty items.
3013+corporation, partnership, trust, association, joint venture, pool syndicate,
3014+unincorporated organization or other form of entity, however organized.
3015+(q)(r) "Primary market" means the market wherein mortgage business
3016+is conducted including activities conducted by any person who assumes or
3017+accepts any mortgage business responsibilities of the original parties to the
3018+transaction.
3019+(r)(s) "Principal place of business" means a place of business where
3020+mortgage business is conducted, which has been designated by a licensee
3021+as the primary headquarters from which all mortgage business and
3022+administrative activities are managed and directed.
3023+(s)(t) "Promotional items" means pens, pencils, hats and other such
3024+novelty items.
15873025 (t)(u) "Registrant" means any individual who holds a valid
1588-registration to conduct mortgage business in this state as a loan
1589-originator.
3026+registration to conduct mortgage business in this state as a loan originator.
15903027 (u)(v) "Remote location" means a location other than the principal
1591-place of business or a branch office where a licensed mortgage
1592-company's employee or independent contractor is authorized by such
1593-company to engage in mortgage business. A remote location is not
1594-considered a branch office.
3028+place of business or a branch office where a licensed mortgage company's
3029+employee or independent contractor is authorized by such company to
3030+engage in mortgage business. A remote location is not considered a branch
3031+office.
15953032 (v)(w) "Unique identifier" means a number or other identifier
1596-assigned by protocols established by the nationwide mortgage licensing SENATE BILL No. 491—page 28
3033+assigned by protocols established by the nationwide mortgage licensing
15973034 system and registry.
1598-Sec. 17. K.S.A. 9-2209 is hereby amended to read as follows: 9-
1599-2209. (a) The commissioner may exercise the following powers:
3035+Sec. 17. K.S.A. 9-2209 is hereby amended to read as follows: 9-2209.
3036+(a) The commissioner may exercise the following powers:
16003037 (1) Adopt rules and regulations as necessary to carry out the intent
16013038 and purpose of this act and to implement the requirements of applicable
16023039 federal law;
16033040 (2) make investigations and examinations of the licensee's or
16043041 registrant's operations, books and records as the commissioner deems
16053042 necessary for the protection of the public and control access to any
1606-documents and records of the licensee or registrant under examination
1607-or investigation;
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3086+documents and records of the licensee or registrant under examination or
3087+investigation;
16083088 (3) charge reasonable costs of investigation, examination and
16093089 administration of this act, to be paid by the applicant, licensee or
1610-registrant. The commissioner shall establish such fees in such amounts
1611-as the commissioner may determine to be sufficient to meet the budget
3090+registrant. The commissioner shall establish such fees in such amounts as
3091+the commissioner may determine to be sufficient to meet the budget
16123092 requirements of the commissioner for each fiscal year. Charges for
16133093 administration of this act shall be based on the licensee's loan volume;
16143094 (4) order any licensee or registrant to cease any activity or practice
1615-that the commissioner deems to be deceptive, dishonest, violative of
1616-state or federal law or unduly harmful to the interests of the public;
1617-(5) exchange any information regarding the administration of this
1618-act with any agency of the United States or any state that regulates the
3095+that the commissioner deems to be deceptive, dishonest, violative of state
3096+or federal law or unduly harmful to the interests of the public;
3097+(5) exchange any information regarding the administration of this act
3098+with any agency of the United States or any state that regulates the
16193099 licensee or registrant or administers statutes, rules and regulations or
16203100 programs related to mortgage business and to enter into information
16213101 sharing arrangements with other governmental agencies or associations
16223102 representing governmental agencies that are deemed necessary or
16233103 beneficial to the administration of this act;
16243104 (6) disclose to any person or entity that an applicant's, licensee's or
1625-registrant's application, license or registration has been denied,
1626-suspended, revoked or refused renewal;
1627-(7) require or permit any person to file a written statement, under
1628-oath or otherwise as the commissioner may direct, setting forth all the
1629-facts and circumstances concerning any apparent violation of this act,
1630-or any rule and regulation promulgated thereunder or any order issued
1631-pursuant to this act;
3105+registrant's application, license or registration has been denied, suspended,
3106+revoked or refused renewal;
3107+(7) require or permit any person to file a written statement, under oath
3108+or otherwise as the commissioner may direct, setting forth all the facts and
3109+circumstances concerning any apparent violation of this act, or any rule
3110+and regulation promulgated thereunder or any order issued pursuant to this
3111+act;
16323112 (8) receive, as a condition in settlement of any investigation or
16333113 examination, a payment designated for consumer education to be
16343114 expended for such purpose as directed by the commissioner;
16353115 (9) require that any applicant, registrant, licensee or other person
1636-successfully passes a standardized examination designed to establish
1637-such person's knowledge of mortgage business transactions and all
1638-applicable state and federal law. Such examinations shall be created and
1639-administered by the commissioner or the commissioner's designee, and
1640-may be made a condition of application approval or application
1641-renewal;
3116+successfully passes a standardized examination designed to establish such
3117+person's knowledge of mortgage business transactions and all applicable
3118+state and federal law. Such examinations shall be created and administered
3119+by the commissioner or the commissioner's designee, and may be made a
3120+condition of application approval or application renewal;
16423121 (10) require that any applicant, licensee, registrant or other person
16433122 complete a minimum number of prelicensing education hours and
1644-complete continuing education hours on an annual basis. Prelicensing
1645-and continuing education courses shall be approved by the
1646-commissioner, or the commissioner's designee, and may be made a
1647-condition of application approval and renewal;
3123+complete continuing education hours on an annual basis. Prelicensing and
3124+continuing education courses shall be approved by the commissioner, or
3125+the commissioner's designee, and may be made a condition of application
3126+approval and renewal;
16483127 (11) require fingerprinting of any applicant, registrant, or licensee,
1649-members thereof if a copartnership or association, or officers and
1650-directors thereof if a corporation, or any agent acting on their behalf, or
1651-other person as deemed appropriate by the commissioner in
1652-accordance with section 2, and amendments thereto. The commissioner
1653-or the commissioner's designee, may submit such fingerprints to the
1654-Kansas bureau of investigation, federal bureau of investigation or other
1655-law enforcement agency for the purposes of verifying the identity of SENATE BILL No. 491—page 29
1656-such persons and obtaining records of their criminal arrests and
1657-convictions. For the purposes of this section and in order to reduce the
1658-points of contact that the federal bureau of investigation may have to
1659-maintain with the individual states, the commissioner may use the
1660-nationwide mortgage licensing system and registry as a channeling
1661-agent for requesting information from and distributing information to
1662-the department of justice or any governmental agency;
1663-(12) refer such evidence as may be available concerning any
1664-violation of this act or of any rule and regulation or order hereunder to
1665-the attorney general, or in consultation with the attorney general to the
1666-proper county or district attorney, who may in such prosecutor's
1667-discretion, with or without such a referral, institute the appropriate
1668-criminal proceedings under the laws of this state;
1669-(13) issue and apply to enforce subpoenas in this state at the
1670-request of a comparable official of another state if the activities
1671-constituting an alleged violation for which the information is sought
1672-would be a violation of the Kansas mortgage business act if the
1673-activities had occurred in this state;
1674-(14) use the nationwide mortgage licensing system and registry as
1675-a channeling agent for requesting and distributing any information
1676-regarding loan originator or mortgage company licensing to and from
1677-any source so directed by the commissioner;
1678-(15) establish relationships or contracts with the nationwide
1679-mortgage licensing system and registry or other entities to collect and
1680-maintain records and process transaction fees or other fees related to
1681-applicants, licensees, registrants or other persons subject to this act and
1682-to take such other actions as may be reasonably necessary to participate
1683-in the nationwide mortgage licensing system and registry. The
1684-commissioner shall regularly report violations of law, as well as
1685-enforcement actions and other relevant information to the nationwide
1686-mortgage licensing system and registry;
3128+members thereof if a copartnership or association, or officers and directors
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3172+thereof if a corporation, or any agent acting on their behalf, or other person
3173+as deemed appropriate by the commissioner in accordance with section 2,
3174+and amendments thereto. The commissioner or the commissioner's
3175+designee, may submit such fingerprints to the Kansas bureau of
3176+investigation, federal bureau of investigation or other law enforcement
3177+agency for the purposes of verifying the identity of such persons and
3178+obtaining records of their criminal arrests and convictions. For the
3179+purposes of this section and in order to reduce the points of contact that the
3180+federal bureau of investigation may have to maintain with the individual
3181+states, the commissioner may use the nationwide mortgage licensing
3182+system and registry as a channeling agent for requesting information from
3183+and distributing information to the department of justice or any
3184+governmental agency;
3185+(12) refer such evidence as may be available concerning any violation
3186+of this act or of any rule and regulation or order hereunder to the attorney
3187+general, or in consultation with the attorney general to the proper county or
3188+district attorney, who may in such prosecutor's discretion, with or without
3189+such a referral, institute the appropriate criminal proceedings under the
3190+laws of this state;
3191+(13) issue and apply to enforce subpoenas in this state at the request
3192+of a comparable official of another state if the activities constituting an
3193+alleged violation for which the information is sought would be a violation
3194+of the Kansas mortgage business act if the activities had occurred in this
3195+state;
3196+(14) use the nationwide mortgage licensing system and registry as a
3197+channeling agent for requesting and distributing any information regarding
3198+loan originator or mortgage company licensing to and from any source so
3199+directed by the commissioner;
3200+(15) establish relationships or contracts with the nationwide mortgage
3201+licensing system and registry or other entities to collect and maintain
3202+records and process transaction fees or other fees related to applicants,
3203+licensees, registrants or other persons subject to this act and to take such
3204+other actions as may be reasonably necessary to participate in the
3205+nationwide mortgage licensing system and registry. The commissioner
3206+shall regularly report violations of law, as well as enforcement actions and
3207+other relevant information to the nationwide mortgage licensing system
3208+and registry;
16873209 (16) require any licensee or registrant to file reports with the
1688-nationwide mortgage licensing system and registry in the form
1689-prescribed by the commissioner or the commissioner's designee;
3210+nationwide mortgage licensing system and registry in the form prescribed
3211+by the commissioner or the commissioner's designee;
16903212 (17) receive and act on complaints, take action designed to obtain
1691-voluntary compliance with the provisions of the Kansas mortgage
1692-business act or commence proceedings on the commissioner's own
1693-initiative;
1694-(18) provide guidance to persons and groups on their rights and
1695-duties under the Kansas mortgage business act;
1696-(19) enter into any informal agreement with any mortgage
1697-company for a plan of action to address violations of law. The adoption
1698-of an informal agreement authorized by this paragraph shall not be
1699-subject to the provisions of K.S.A. 77-501 et seq., and amendments
1700-thereto, or K.S.A. 77-601 et seq., and amendments thereto. Any
1701-informal agreement authorized by this paragraph shall not be
1702-considered an order or other agency action, and shall be considered
1703-confidential examination material pursuant to K.S.A. 9-2217, and
1704-amendments thereto. All such examination material shall also be
1705-confidential by law and privileged, shall not be subject to the open
1706-records act, K.S.A. 45-215 et seq., and amendments thereto, shall not
1707-be subject to subpoena and shall not be subject to discovery or
1708-admissible in evidence in any private civil action; and
3213+voluntary compliance with the provisions of the Kansas mortgage business
3214+act or commence proceedings on the commissioner's own initiative;
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3258+(18) provide guidance to persons and groups on their rights and duties
3259+under the Kansas mortgage business act;
3260+(19) enter into any informal agreement with any mortgage company
3261+for a plan of action to address violations of law. The adoption of an
3262+informal agreement authorized by this paragraph shall not be subject to the
3263+provisions of K.S.A. 77-501 et seq., and amendments thereto, or K.S.A.
3264+77-601 et seq., and amendments thereto. Any informal agreement
3265+authorized by this paragraph shall not be considered an order or other
3266+agency action, and shall be considered confidential examination material
3267+pursuant to K.S.A. 9-2217, and amendments thereto. All such examination
3268+material shall also be confidential by law and privileged, shall not be
3269+subject to the open records act, K.S.A. 45-215 et seq., and amendments
3270+thereto, shall not be subject to subpoena and shall not be subject to
3271+discovery or admissible in evidence in any private civil action; and
17093272 (20) issue, amend and revoke written administrative guidance
17103273 documents in accordance with the applicable provisions of the Kansas
17113274 administrative procedure act.
1712-(b) For the purpose of any examination, investigation or
1713-proceeding under this act, the commissioner or any officer designated
1714-by the commissioner may administer oaths and affirmations, subpoena SENATE BILL No. 491—page 30
1715-witnesses, compel such witnesses' attendance, adduce evidence and
1716-require the production of any matter that is relevant to the examination
1717-or investigation, including the existence, description, nature, custody,
3275+(b) For the purpose of any examination, investigation or proceeding
3276+under this act, the commissioner or any officer designated by the
3277+commissioner may administer oaths and affirmations, subpoena witnesses,
3278+compel such witnesses' attendance, adduce evidence and require the
3279+production of any matter that is relevant to the examination or
3280+investigation, including the existence, description, nature, custody,
17183281 condition and location of any books, documents or other tangible things
17193282 and the identity and location of persons having knowledge of relevant
1720-facts, or any other matter reasonably calculated to lead to the discovery
1721-of relevant information or items.
1722-(c) In case of contumacy by, or refusal to obey a subpoena issued
1723-to any person, any court of competent jurisdiction, upon application by
1724-the commissioner, may issue to that person an order requiring the
1725-person to appear before the commissioner, or the officer designated by
1726-the commissioner, there, to produce documentary evidence if so
1727-ordered or to give evidence touching the matter under investigation or
1728-in question. Any failure to obey the order of the court may be punished
1729-by the court as a contempt of court.
3283+facts, or any other matter reasonably calculated to lead to the discovery of
3284+relevant information or items.
3285+(c) In case of contumacy by, or refusal to obey a subpoena issued to
3286+any person, any court of competent jurisdiction, upon application by the
3287+commissioner, may issue to that person an order requiring the person to
3288+appear before the commissioner, or the officer designated by the
3289+commissioner, there, to produce documentary evidence if so ordered or to
3290+give evidence touching the matter under investigation or in question. Any
3291+failure to obey the order of the court may be punished by the court as a
3292+contempt of court.
17303293 (d) No person is excused from attending and testifying or from
17313294 producing any document or record before the commissioner or in
1732-obedience to the subpoena of the commissioner or any officer
1733-designated by the commissioner or in any proceeding instituted by the
1734-commissioner, on the ground that the testimony or evidence,
1735-documentary or otherwise, required of the person may tend to
1736-incriminate the person or subject the person to a penalty or forfeiture.
1737-No individual may be prosecuted or subjected to any penalty or
1738-forfeiture for or on account of any transaction, matter or thing
1739-concerning which such person is compelled, after claiming privilege
1740-against self-incrimination, to testify or produce evidence, documentary
1741-or otherwise, except that the individual so testifying shall not be
1742-exempt from prosecution and punishment for perjury committed in so
3295+obedience to the subpoena of the commissioner or any officer designated
3296+by the commissioner or in any proceeding instituted by the commissioner,
3297+on the ground that the testimony or evidence, documentary or otherwise,
3298+required of the person may tend to incriminate the person or subject the
3299+person to a penalty or forfeiture. No individual may be prosecuted or
3300+subjected to any penalty or forfeiture for or on account of any transaction,
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3344+matter or thing concerning which such person is compelled, after claiming
3345+privilege against self-incrimination, to testify or produce evidence,
3346+documentary or otherwise, except that the individual so testifying shall not
3347+be exempt from prosecution and punishment for perjury committed in so
17433348 testifying.
17443349 (e) Except for refund of an excess charge, no liability is imposed
17453350 under the Kansas mortgage business act for an act done or omitted in
17463351 conformity with a rule and regulation or written administrative
17473352 interpretation of the commissioner in effect at the time of the act or
17483353 omission, notwithstanding that after the act or omission, the rule and
1749-regulation or written administrative interpretation may be determined
1750-by judicial or other authority to be invalid for any reason.
1751-Sec. 18. K.S.A. 9-2301 is hereby amended to read as follows: 9-
1752-2301. (a) The provisions of K.S.A. 9-2301 through 9-2327, and
1753-amendments thereto, shall be known and may be cited as the
1754-technology-enabled fiduciary financial institutions act. The technology-
1755-enabled fiduciary financial institutions act shall be a part of and
1756-supplemental to chapter 9 of the Kansas Statutes Annotated, and
1757-amendments thereto.
3354+regulation or written administrative interpretation may be determined by
3355+judicial or other authority to be invalid for any reason.
3356+Sec. 18. K.S.A. 9-2301 is hereby amended to read as follows: 9-2301.
3357+(a) The provisions of K.S.A. 9-2301 through 9-2327, and amendments
3358+thereto, shall be known and may be cited as the technology-enabled
3359+fiduciary financial institutions act. The technology-enabled fiduciary
3360+financial institutions act shall be a part of and supplemental to chapter 9 of
3361+the Kansas Statutes Annotated, and amendments thereto.
17583362 (b) For purposes of the technology-enabled fiduciary financial
17593363 institutions act:
17603364 (1) "Act" means the technology-enabled fiduciary financial
17613365 institutions act;
17623366 (2) "alternative asset" means professionally managed investment
17633367 assets that are not publicly traded, including, but not limited to, private
17643368 equity, venture capital, leveraged buyouts, special situations, structured
17653369 credit, private debt, private real estate funds and natural resources,
17663370 including any economic or beneficial interest therein;
1767-(3) "alternative asset custody account" means an account created
1768-by the owner of an alternative asset that designates a fiduciary financial
3371+(3) "alternative asset custody account" means an account created by
3372+the owner of an alternative asset that designates a fiduciary financial
17693373 institution as custodian or agent and into which the owner transfers,
17703374 electronically or otherwise, content, materials, data, information,
17713375 documents, reports and contracts in any form, including, without
17723376 limitation, evidence of ownership, subscription agreements, private
1773-placement memoranda, limited partnership agreements, operating SENATE BILL No. 491—page 31
3377+placement memoranda, limited partnership agreements, operating
17743378 agreements, financial statements, annual and quarterly reports, capital
17753379 account statements, tax statements, correspondence from the general
17763380 partner, manager or investment advisor of the alternative asset, an
17773381 investment contract as defined in K.S.A. 17-12a102(28)(E), and
1778-amendments thereto, and any digital asset as defined in K.S.A. 58-
1779-4802, and amendments thereto, whether such information is in hard
1780-copy form or a representation of such information that is stored in a
1781-computer readable format;
3382+amendments thereto, and any digital asset as defined in K.S.A. 58-4802,
3383+and amendments thereto, whether such information is in hard copy form or
3384+a representation of such information that is stored in a computer readable
3385+format;
17823386 (4) "charitable beneficiaries" means one or more charities,
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17833430 contributions to which are allowable as a deduction pursuant to section
17843431 170 of the federal internal revenue code that are designated as
17853432 beneficiaries of a fidfin trust;
1786-(5) "custodial services" means the safekeeping and management
1787-of an alternative asset custody account, including the execution of
1788-customer instructions, serving as agent, fund administrative services
1789-and overall decision-making and management of the account by a
1790-fiduciary financial institution and "custodial services" shall be deemed
1791-to involve the exercise of fiduciary and trust powers;
1792-(6) "director" means a person designated as a member of the
1793-board of directors pursuant to K.S.A. 9-2306, and amendments thereto;
1794-(7) "economic growth zone" means an incorporated community
1795-with a population of not more than 5,000 people located within one of
1796-the following counties: Allen, Anderson, Barber, Bourbon, Brown,
1797-Chase, Chautauqua, Cherokee, Cheyenne, Clark, Clay, Cloud, Coffey,
1798-Comanche, Decatur, Doniphan, Edwards, Elk, Ellsworth, Gove,
1799-Graham, Grant, Gray, Greeley, Greenwood, Hamilton, Harper, Harvey,
1800-Haskell, Hodgeman, Jackson, Jewell, Kearny, Kingman, Kiowa,
1801-Labette, Lane, Lincoln, Linn, Logan, Marion, Marshall, Meade,
1802-Mitchell, Montgomery, Morris, Morton, Nemaha, Neosho, Ness,
1803-Norton, Osborne, Ottawa, Pawnee, Phillips, Pratt, Rawlins, Republic,
1804-Rice, Rooks, Rush, Russell, Scott, Sheridan, Sherman, Smith, Stafford,
1805-Stanton, Stevens, Sumner, Trego, Thomas, Wabaunsee, Wallace,
1806-Washington, Wichita, Wilson or Woodson;
1807-(7)(8) "excluded fiduciary" means a fiduciary financial institution
1808-in its capacity as trustee of a fidfin trust, provided that a fiduciary
1809-financial institution shall only be deemed an "excluded fiduciary" to the
1810-extent the fiduciary financial institution is excluded from exercising
1811-certain powers under the instrument that may be exercised by the trust
1812-advisor or other persons designated in the instrument;
3433+(5) "custodial services" means the safekeeping and management of an
3434+alternative asset custody account, including the execution of customer
3435+instructions, serving as agent, fund administrative services and overall
3436+decision-making and management of the account by a fiduciary financial
3437+institution and "custodial services" shall be deemed to involve the exercise
3438+of fiduciary and trust powers;
3439+(6) "director" means a person designated as a member of the board
3440+of directors pursuant to K.S.A. 9-2306, and amendments thereto;
3441+(7) "economic growth zone" means an incorporated community with
3442+a population of not more than 5,000 people located within one of the
3443+following counties: Allen, Anderson, Barber, Bourbon, Brown, Chase,
3444+Chautauqua, Cherokee, Cheyenne, Clark, Clay, Cloud, Coffey, Comanche,
3445+Decatur, Doniphan, Edwards, Elk, Ellsworth, Gove, Graham, Grant, Gray,
3446+Greeley, Greenwood, Hamilton, Harper, Harvey, Haskell, Hodgeman,
3447+Jackson, Jewell, Kearny, Kingman, Kiowa, Labette, Lane, Lincoln, Linn,
3448+Logan, Marion, Marshall, Meade, Mitchell, Montgomery, Morris, Morton,
3449+Nemaha, Neosho, Ness, Norton, Osborne, Ottawa, Pawnee, Phillips, Pratt,
3450+Rawlins, Republic, Rice, Rooks, Rush, Russell, Scott, Sheridan, Sherman,
3451+Smith, Stafford, Stanton, Stevens, Sumner, Trego, Thomas, Wabaunsee,
3452+Wallace, Washington, Wichita, Wilson or Woodson;
3453+(7)(8) "excluded fiduciary" means a fiduciary financial institution in
3454+its capacity as trustee of a fidfin trust, provided that a fiduciary financial
3455+institution shall only be deemed an "excluded fiduciary" to the extent the
3456+fiduciary financial institution is excluded from exercising certain powers
3457+under the instrument that may be exercised by the trust advisor or other
3458+persons designated in the instrument;
18133459 (8)(9) "fidfin," "fidfin services" or "fidfin transactions" means the
1814-financing of a fidfin trust or the acquisition of alternative assets on
1815-behalf of and through a fidfin trust, or both, as provided in K.S.A. 9-
1816-2311, and amendments thereto, including loans, extensions of credit
1817-and direct investments;
1818-(9)(10) "fidfin trust" means a trust created to facilitate the delivery
1819-of fidfin services by a fiduciary financial institution;
1820-(10)(11) "fiduciary" means a trustee, a trust advisor or a custodian
1821-of an alternative asset custody account appointed under an instrument
1822-that is acting in a fiduciary capacity for any person, trust or estate;
1823-(11)(12) "instrument" means any document creating a fidfin trust
1824-or alternative asset custody account;
1825-(12)(13) "officer" means a person who participates or has
1826-authority to participate, other than in the capacity of a director, in
1827-major policymaking functions of a bank, trust company or fiduciary
1828-financial institution, whether or not the officer has an official title or if
1829-the officer is serving without salary or other compensation. "Officer"
1830-includes the chairperson of the board, president, vice president,
1831-cashier, secretary and treasurer of a bank, trust company or fiduciary
1832-financial institution; SENATE BILL No. 491—page 32
3460+financing of a fidfin trust or the acquisition of alternative assets on behalf
3461+of and through a fidfin trust, or both, as provided in K.S.A. 9-2311, and
3462+amendments thereto, including loans, extensions of credit and direct
3463+investments;
3464+(9)(10) "fidfin trust" means a trust created to facilitate the delivery of
3465+fidfin services by a fiduciary financial institution;
3466+(10)(11) "fiduciary" means a trustee, a trust advisor or a custodian of
3467+an alternative asset custody account appointed under an instrument that is
3468+acting in a fiduciary capacity for any person, trust or estate;
3469+(11)(12) "instrument" means any document creating a fidfin trust or
3470+alternative asset custody account;
3471+(12)(13) "officer" means a person who participates or has authority
3472+to participate, other than in the capacity of a director, in major
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3516+policymaking functions of a bank, trust company or fiduciary financial
3517+institution, whether or not the officer has an official title or if the officer is
3518+serving without salary or other compensation. "Officer" includes the
3519+chairperson of the board, president, vice president, cashier, secretary and
3520+treasurer of a bank, trust company or fiduciary financial institution;
18333521 (14) "organizer" means a person who filed the fiduciary financial
18343522 institution formation documents;
1835-(15) "out-of-state bank" means a national or state bank, savings
1836-and loan association or savings bank not incorporated under the laws of
3523+(15) "out-of-state bank" means a national or state bank, savings and
3524+loan association or savings bank not incorporated under the laws of
18373525 Kansas;
18383526 (13)(16) "out-of-state financial institution" means an out-of-state
18393527 bank or an out-of-state trust company;
1840-(14)(17) "out-of-state trust company" means a national or state
1841-trust company not incorporated under the laws of Kansas;
3528+(14)(17) "out-of-state trust company" means a national or state trust
3529+company not incorporated under the laws of Kansas;
18423530 (15)(18) (A) "qualified investment" means the purchase or
18433531 development, in the aggregate, of at least 10,000 square feet of
1844-commercial, industrial, multiuse or multifamily real estate in the
1845-economic growth zone where the fiduciary financial institution
1846-maintains its principal office pursuant to K.S.A. 9-2309, and
1847-amendments thereto, provided that such community has committed to
1848-develop the necessary infrastructure to support a "qualified
1849-investment." A "qualified investment":
1850-(i) May include, as part of satisfying the square footage
1851-requirements, the suitable office space of such fiduciary financial
1852-institution, as provided in K.S.A. 9-2309, and amendments thereto, if
1853-owned by the fiduciary financial institution;
1854-(ii) shall be exempt from the provisions and limitations of K.S.A.
1855-9-1102, and amendments thereto;
1856-(iii) may be retained by a fiduciary financial institution for as long
1857-as the fiduciary financial institution operates in this state; and
3532+commercial, industrial, multiuse or multifamily real estate in the economic
3533+growth zone where the fiduciary financial institution maintains its
3534+principal office pursuant to K.S.A. 9-2309, and amendments thereto,
3535+provided that such community has committed to develop the necessary
3536+infrastructure to support a "qualified investment." A "qualified
3537+investment":
3538+(i) May include, as part of satisfying the square footage requirements,
3539+the suitable office space of such fiduciary financial institution, as provided
3540+in K.S.A. 9-2309, and amendments thereto, if owned by the fiduciary
3541+financial institution;
3542+(ii) shall be exempt from the provisions and limitations of K.S.A. 9-
3543+1102, and amendments thereto;
3544+(iii) may be retained by a fiduciary financial institution for as long as
3545+the fiduciary financial institution operates in this state; and
18583546 (iv) may be sold, transferred or otherwise disposed of, including a
18593547 sale or transfer to an affiliate of the fiduciary financial institution, if the
1860-fiduciary financial institution continues to maintain its principal office
1861-in an economic growth zone pursuant to K.S.A. 9-2309, and
1862-amendments thereto;
1863-(B) notwithstanding the foregoing provisions, if a fiduciary
1864-financial institution leases any portion of a qualified investment made
1865-by another fiduciary financial institution as the lessee fiduciary
1866-financial institution's suitable office space:
1867-(i) The lessee fiduciary financial institution shall make, or cause to
1868-be made, a qualified investment in an economic growth zone other than
1869-the economic growth zone where such fiduciary financial institution
1870-maintains its principal office;
1871-(ii) the leased square footage shall count toward the square
1872-footage requirement applicable to a qualified investment under this
1873-section, if such lease has an initial term of not less than five years; and
3548+fiduciary financial institution continues to maintain its principal office in
3549+an economic growth zone pursuant to K.S.A. 9-2309, and amendments
3550+thereto;
3551+(B) notwithstanding the foregoing provisions, if a fiduciary financial
3552+institution leases any portion of a qualified investment made by another
3553+fiduciary financial institution as the lessee fiduciary financial institution's
3554+suitable office space:
3555+(i) The lessee fiduciary financial institution shall make, or cause to be
3556+made, a qualified investment in an economic growth zone other than the
3557+economic growth zone where such fiduciary financial institution maintains
3558+its principal office;
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3602+(ii) the leased square footage shall count toward the square footage
3603+requirement applicable to a qualified investment under this section, if such
3604+lease has an initial term of not less than five years; and
18743605 (iii) the square footage requirement otherwise applicable to a
18753606 qualified investment of the lessee fiduciary financial institution shall be
18763607 reduced from 10,000 square feet to 5,000 square feet;
18773608 (16)(19) "technology-enabled fiduciary financial institution" or
18783609 "fiduciary financial institution" means any limited liability company,
18793610 limited partnership or corporation that:
18803611 (A) Is organized to perform any one or more of the activities and
18813612 services authorized by this act;
1882-(B) has been authorized to conduct business as a fiduciary
1883-financial institution under this chapter pursuant to the provisions of
1884-K.S.A. 9-2302, and amendments thereto;
3613+(B) has been authorized to conduct business as a fiduciary financial
3614+institution under this chapter pursuant to the provisions of K.S.A. 9-2302,
3615+and amendments thereto;
18853616 (C) has made, committed to make or caused to be made a qualified
18863617 investment; and
18873618 (D) has committed, in or as a part of the application provided in
1888-K.S.A. 9-2302, and amendments thereto, to conduct any fidfin
1889-transactions in accordance with K.S.A. 9-2311, and amendments
1890-thereto, including the distributions required therein;
1891-(17)(20) "trust" means a trust created pursuant to the Kansas SENATE BILL No. 491—page 33
1892-uniform trust code, K.S.A. 58a-101 et seq., and amendments thereto, or
1893-created pursuant to the Kansas business trust act of 1961, K.S.A. 17-
1894-2707 et seq., and amendments thereto;
3619+K.S.A. 9-2302, and amendments thereto, to conduct any fidfin transactions
3620+in accordance with K.S.A. 9-2311, and amendments thereto, including the
3621+distributions required therein;
3622+(17)(20) "trust" means a trust created pursuant to the Kansas uniform
3623+trust code, K.S.A. 58a-101 et seq., and amendments thereto, or created
3624+pursuant to the Kansas business trust act of 1961, K.S.A. 17-2707 et seq.,
3625+and amendments thereto;
18953626 (18)(21) "trust advisor" means a fiduciary granted authority by an
18963627 instrument to exercise, consent, direct, including the power to direct as
18973628 provided in K.S.A. 58a-808, and amendments thereto, or approve all or
18983629 any portion of the powers and discretion conferred upon the trustee of a
18993630 fidfin trust, including the power to invest the assets of a fidfin trust or
19003631 make or cause distributions to be made from such fidfin trust; and
19013632 (19)(22) the definitions of K.S.A. 9-701, and amendments thereto,
19023633 apply to fiduciary financial institutions except as otherwise provided in
19033634 this act.
1904-Sec. 19. K.S.A. 9-2302 is hereby amended to read as follows: 9-
1905-2302. (a) No fiduciary financial institution shall be organized under the
1906-laws of this state nor engage in fidfin transactions, custodial services or
1907-trust business in this state until the application for such fiduciary
1908-financial institution's organization and the application for certificate of
1909-authority have been submitted to and approved by the state banking
1910-board. The form for making any such application shall be prescribed by
1911-the state banking board and any application made to the state banking
1912-board shall contain such information as the state banking board shall
1913-require. Except as provided in K.S.A. 9-2325, and amendments thereto,
1914-the state banking board shall not approve any application until the
1915-Beneficient conditional charter has been converted to a full charter and
1916-the commissioner has completed a regulatory examination.
1917-(b) (1) No Kansas-chartered state bank, Kansas-chartered state
1918-trust company or fiduciary financial institution shall engage in fidfin
3635+Sec. 19. K.S.A. 9-2302 is hereby amended to read as follows: 9-2302.
3636+(a) No fiduciary financial institution shall be organized under the laws of
3637+this state nor engage in fidfin transactions, custodial services or trust
3638+business in this state until the application for such fiduciary financial
3639+institution's organization and the application for certificate of authority
3640+have been submitted to and approved by the state banking board. The form
3641+for making any such application shall be prescribed by the state banking
3642+board and any application made to the state banking board shall contain
3643+such information as the state banking board shall require. Except as
3644+provided in K.S.A. 9-2325, and amendments thereto, the state banking
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3688+board shall not approve any application until the Beneficient conditional
3689+charter has been converted to a full charter and the commissioner has
3690+completed a regulatory examination.
3691+(b) (1) No Kansas-chartered state bank, Kansas-chartered state trust
3692+company or fiduciary financial institution shall engage in fidfin
19193693 transactions in this state unless an application has been submitted under
19203694 this act and approved by the state banking board.
19213695 (2) Except as otherwise provided by this subsection, any trust
19223696 company whose application has been approved in accordance with this
1923-section and any out-of-state trust company engaging in fidfin
1924-transactions in this state shall be considered a fiduciary financial
1925-institution for the purposes of this act, shall have all rights and powers
1926-granted to a fiduciary financial institution under this act and shall owe
1927-all duties and obligations imposed on fiduciary financial institutions
1928-under this act, including, but not limited to, the fiduciary duties
1929-imposed under K.S.A. 9-2311 and 9-2313, and amendments thereto,
1930-and the requirements of K.S.A. 9-2302(c)(5) and (6), and amendments
1931-thereto.
3697+section and any out-of-state trust company engaging in fidfin transactions
3698+in this state shall be considered a fiduciary financial institution for the
3699+purposes of this act, shall have all rights and powers granted to a fiduciary
3700+financial institution under this act and shall owe all duties and obligations
3701+imposed on fiduciary financial institutions under this act, including, but
3702+not limited to, the fiduciary duties imposed under K.S.A. 9-2311 and 9-
3703+2313, and amendments thereto, and the requirements of K.S.A. 9-2302(c)
3704+(5) and (6), and amendments thereto.
19323705 (3) Any bank whose application has been approved in accordance
19333706 with this section and any out-of-state bank that engages in fidfin
19343707 transactions in this state shall have a separate department for handling
1935-fidfin transactions. Except as otherwise provided by this subsection,
1936-such separate department shall be considered a fiduciary financial
1937-institution for the purposes of this act, shall have all rights and powers
1938-granted to a fiduciary financial institution under this act and shall owe
1939-all duties and obligations imposed on fiduciary financial institutions
1940-under this act, including, but not limited to, the fiduciary duties
1941-imposed under K.S.A. 9-2311 and 9-2313, and amendments thereto,
1942-and the requirements of K.S.A. 9-2302(c)(5) and (6), and amendments
1943-thereto.
3708+fidfin transactions. Except as otherwise provided by this subsection, such
3709+separate department shall be considered a fiduciary financial institution for
3710+the purposes of this act, shall have all rights and powers granted to a
3711+fiduciary financial institution under this act and shall owe all duties and
3712+obligations imposed on fiduciary financial institutions under this act,
3713+including, but not limited to, the fiduciary duties imposed under K.S.A. 9-
3714+2311 and 9-2313, and amendments thereto, and the requirements of K.S.A.
3715+9-2302(c)(5) and (6), and amendments thereto.
19443716 (4) Notwithstanding the provisions of paragraphs (2) and (3):
1945-(A) A bank or trust company whose application has been approved
1946-in accordance with this section or an out-of-state financial institution
1947-that engages in fidfin transactions in this state shall not be subject to the
1948-provisions of K.S.A. 9-2305, 9-2306 or 9-2308, and amendments
1949-thereto; and
1950-(B) the commissioner shall not examine or require applications, SENATE BILL No. 491—page 34
3717+(A) A bank or trust company whose application has been approved in
3718+accordance with this section or an out-of-state financial institution that
3719+engages in fidfin transactions in this state shall not be subject to the
3720+provisions of K.S.A. 9-2305, 9-2306 or 9-2308, and amendments thereto;
3721+and
3722+(B) the commissioner shall not examine or require applications,
19513723 reports or other filings from an out-of-state financial institution that is
1952-subject to oversight of such financial institution's fidfin transactions by
1953-a governmental agency of the jurisdiction that chartered the out-of-state
3724+subject to oversight of such financial institution's fidfin transactions by a
3725+governmental agency of the jurisdiction that chartered the out-of-state
19543726 financial institution.
19553727 (c) The state banking board shall not accept an application for a
19563728 fiduciary financial institution unless the:
1957-(1) Fiduciary financial institution is organized by at least one
1958-person;
1959-(2) name selected for the fiduciary financial institution is different
1960-or substantially dissimilar from any other bank, trust company or
1961-fiduciary financial institution doing business in this state;
1962-(3) fiduciary financial institutions' articles of organization contain
1963-the names and addresses of the fiduciary financial institution's members
1964-and the number of units subscribed by each. The articles of
1965-organization may contain such other provisions as are consistent with
1966-the Kansas revised limited liability company act, Kansas revised
1967-uniform limited partnership act or Kansas general corporation code;
3729+(1) Fiduciary financial institution is organized by at least one person;
3730+(2) name selected for the fiduciary financial institution is different or
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3774+substantially dissimilar from any other bank, trust company or fiduciary
3775+financial institution doing business in this state;
3776+(3) fiduciary financial institutions' articles of organization contain the
3777+names and addresses of the fiduciary financial institution's members and
3778+the number of units subscribed by each. The articles of organization may
3779+contain such other provisions as are consistent with the Kansas revised
3780+limited liability company act, Kansas revised uniform limited partnership
3781+act or Kansas general corporation code;
19683782 (4) fiduciary financial institution has made, committed to make or
1969-caused to be made a qualified investment as defined in K.S.A. 9-2301,
1970-and amendments thereto;
3783+caused to be made a qualified investment as defined in K.S.A. 9-2301, and
3784+amendments thereto;
19713785 (5) fiduciary financial institution has committed to structure any
19723786 fidfin transactions to ensure that qualified charitable distributions, as
19733787 defined in K.S.A. 2023 Supp. 79-32,283, and amendments thereto, are
19743788 made each calendar year that the fiduciary financial institution conducts
19753789 fidfin transactions; and
1976-(6) fiduciary financial institution has consulted or agrees to
1977-consult with the department of commerce regarding the economic
1978-growth zones to be selected for purposes of paragraphs (4) and (5).
3790+(6) fiduciary financial institution has consulted or agrees to consult
3791+with the department of commerce regarding the economic growth zones to
3792+be selected for purposes of paragraphs (4) and (5).
19793793 (d) The state banking board may deny the application if the state
19803794 banking board makes an unfavorable determination with regard to the:
1981-(1) Financial standing, general business experience and character
1982-of the organizers; or
3795+(1) Financial standing, general business experience and character of
3796+the organizers; or
19833797 (2) character, qualifications and experience of the officers of the
19843798 proposed fiduciary financial institution.
1985-(e) The state banking board shall not make membership in any
1986-federal government agency a condition precedent to the granting of the
1987-authority to do business.
1988-(f) The state banking board may require fingerprinting of any
1989-officer, director or organizer of the proposed fiduciary financial
1990-institution in accordance with section 2, and amendments thereto. Such
1991-fingerprints may be submitted to the Kansas bureau of investigation
1992-and the federal bureau of investigation for a state and national criminal
1993-history record check. The fingerprints shall be used to identify the
1994-person and to determine whether the person has a record of arrests and
1995-convictions in this state or other jurisdictions. The state banking board
1996-may use information obtained from fingerprinting and the criminal
1997-history for purposes of verifying the identification of the person and in
1998-the official determination of the qualifications and fitness of the
1999-persons associated with the applicant fiduciary financial institution to
2000-be issued a charter. Whenever the state banking board requires
2001-fingerprinting, any associated costs shall be paid by the applicant or the
2002-parties to the application.
3799+(e) The state banking board shall not make membership in any federal
3800+government agency a condition precedent to the granting of the authority
3801+to do business.
3802+(f) The state banking board may require fingerprinting of any officer,
3803+director or organizer of the proposed fiduciary financial institution in
3804+accordance with section 2, and amendments thereto. Such fingerprints
3805+may be submitted to the Kansas bureau of investigation and the federal
3806+bureau of investigation for a state and national criminal history record
3807+check. The fingerprints shall be used to identify the person and to
3808+determine whether the person has a record of arrests and convictions in
3809+this state or other jurisdictions. The state banking board may use
3810+information obtained from fingerprinting and the criminal history for
3811+purposes of verifying the identification of the person and in the official
3812+determination of the qualifications and fitness of the persons associated
3813+with the applicant fiduciary financial institution to be issued a charter.
3814+Whenever the state banking board requires fingerprinting, any associated
3815+costs shall be paid by the applicant or the parties to the application.
20033816 (g) The state banking board or the commissioner shall notify a
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20043860 fiduciary financial institution of the approval or disapproval of an
20053861 application. Any final action of the state banking board approving or
2006-disapproving an application shall be subject to review in accordance
2007-with the Kansas judicial review act.
3862+disapproving an application shall be subject to review in accordance with
3863+the Kansas judicial review act.
20083864 (h) (1) In the event such application is approved, the fiduciary
2009-financial institution shall be issued a charter upon compliance with any SENATE BILL No. 491—page 35
2010-requirements of this act and upon demonstrating to the satisfaction of
2011-the commissioner that an applicable distribution has been made. For
2012-purposes of this section, "applicable distribution" means a distribution
2013-of cash, beneficial interests or other assets having an aggregate value
2014-equal to the greater of:
3865+financial institution shall be issued a charter upon compliance with any
3866+requirements of this act and upon demonstrating to the satisfaction of the
3867+commissioner that an applicable distribution has been made. For purposes
3868+of this section, "applicable distribution" means a distribution of cash,
3869+beneficial interests or other assets having an aggregate value equal to the
3870+greater of:
20153871 (A) 2.5% of the aggregate financing balances to be held by the
2016-fiduciary financial institution immediately upon issuance of the
2017-fiduciary financial institution's charter, as reflected in the fiduciary
2018-financial institution's application filed pursuant to this section; or
3872+fiduciary financial institution immediately upon issuance of the fiduciary
3873+financial institution's charter, as reflected in the fiduciary financial
3874+institution's application filed pursuant to this section; or
20193875 (B) $5,000,000 in accordance with subsection (i), except that if a
20203876 fiduciary financial institution is chartered to provide only custodial
20213877 services, the applicable distribution amount shall be $500,000.
2022-(2) If the amount provided in paragraph (1)(B) exceeds the
2023-amount provided in paragraph (1)(A), the fiduciary financial institution
2024-shall be entitled to a credit against the amount distributable under
2025-K.S.A. 9-2311(f), and amendments thereto, in an amount equal to such
2026-excess.
2027-(i) The applicable distribution required under subsection (h) shall
2028-be distributed as follows:
3878+(2) If the amount provided in paragraph (1)(B) exceeds the amount
3879+provided in paragraph (1)(A), the fiduciary financial institution shall be
3880+entitled to a credit against the amount distributable under K.S.A. 9-
3881+2311(f), and amendments thereto, in an amount equal to such excess.
3882+(i) The applicable distribution required under subsection (h) shall be
3883+distributed as follows:
20293884 (1) (A) To the department of commerce:
20303885 Applicable distribution amountPercentage to department of commerce
20313886 $0 to $500,000 90%
20323887 $500,001 to $1,000,000 50%
20333888 Above $1,000,000 10%
20343889 (B) the amounts specified in subparagraph (A) shall apply to
20353890 fiduciary financial institutions chartered prior to January 1, 2023. For
2036-fiduciary financial institutions chartered after such date, the department
2037-of commerce may publish one or more schedules in the Kansas register
2038-as the department of commerce deems reasonably necessary to
2039-facilitate economic growth and development in one or more economic
2040-growth zones. No such schedule shall be effective until after its
2041-publication in the Kansas register. The department of commerce shall
2042-timely submit to the commissioner any schedule published under this
2043-section. The commissioner shall provide a copy of such schedule to any
2044-applicant for a fiduciary financial institution charter prior to the
2045-issuance of such charter. A fiduciary financial institution shall be
2046-subject to the schedule in existence on the date such fiduciary financial
2047-institution's charter is issued and shall not be subject to any schedules
2048-published after such date;
3891+fiduciary financial institutions chartered after such date, the department of
3892+commerce may publish one or more schedules in the Kansas register as the
3893+department of commerce deems reasonably necessary to facilitate
3894+economic growth and development in one or more economic growth
3895+zones. No such schedule shall be effective until after its publication in the
3896+Kansas register. The department of commerce shall timely submit to the
3897+commissioner any schedule published under this section. The
3898+commissioner shall provide a copy of such schedule to any applicant for a
3899+fiduciary financial institution charter prior to the issuance of such charter.
3900+A fiduciary financial institution shall be subject to the schedule in
3901+existence on the date such fiduciary financial institution's charter is issued
3902+and shall not be subject to any schedules published after such date;
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20493946 (C) the department of commerce shall remit all distributions under
2050-this subsection to the state treasurer in accordance with the provisions
2051-of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
2052-remittance, the state treasurer shall deposit the entire amount in the
2053-state treasury to the credit of the technology-enabled fiduciary financial
2054-institutions development and expansion fund established in K.S.A. 9-
2055-2324, and amendments thereto; and
3947+this subsection to the state treasurer in accordance with the provisions of
3948+K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
3949+remittance, the state treasurer shall deposit the entire amount in the state
3950+treasury to the credit of the technology-enabled fiduciary financial
3951+institutions development and expansion fund established in K.S.A. 9-2324,
3952+and amendments thereto; and
20563953 (2) the balance of the applicable distribution required under
20573954 subsection (h) shall be distributed to one or more qualified charities as
2058-defined in K.S.A. 2023 Supp. 79-32,283, and amendments thereto, as
2059-shall be selected by the fiduciary financial institution. Nothing in this
2060-section shall preclude a distribution to one or more qualified charities in
2061-excess of the amounts provided in this section. An economic growth
2062-zone or qualified charity shall have no obligation to repay any
2063-distributions received under this act or to make any contributions to a
2064-fiduciary financial institution.
2065-Sec. 20. K.S.A. 12-1,120 is hereby amended to read as follows:
2066-12-1,120. (a) Each person holding office as chief of police of any city
2067-in this state shall be fingerprinted as provided by this section and
2068-section 1, and amendments thereto. SENATE BILL No. 491—page 36
3955+defined in K.S.A. 2023 Supp. 79-32,283, and amendments thereto, as shall
3956+be selected by the fiduciary financial institution. Nothing in this section
3957+shall preclude a distribution to one or more qualified charities in excess of
3958+the amounts provided in this section. An economic growth zone or
3959+qualified charity shall have no obligation to repay any distributions
3960+received under this act or to make any contributions to a fiduciary
3961+financial institution.
3962+Sec. 20. K.S.A. 12-1,120 is hereby amended to read as follows: 12-
3963+1,120. (a) Each person holding office as chief of police of any city in this
3964+state shall be fingerprinted as provided by this section and section 1, and
3965+amendments thereto.
20693966 (b) Before assuming the office of chief of police of any city in this
2070-state, a person shall be fingerprinted as provided by this section and
3967+state, a person shall be fingerprinted as provided by this section, and
20713968 section 1, and amendments thereto.
20723969 (c) Fingerprinting pursuant to this section shall be done by the law
2073-enforcement agency of the city in the presence of the city clerk. The
2074-city clerk shall forthwith forward the fingerprints to the Kansas bureau
2075-of investigation for a search of state and national fingerprint files to
3970+enforcement agency of the city in the presence of the city clerk. The city
3971+clerk shall forthwith forward the fingerprints to the Kansas bureau of
3972+investigation for a search of state and national fingerprint files to
20763973 determine whether the person qualifies for admission to the law
2077-enforcement training center pursuant to subsection (f) of K.S.A. 74-
2078-5607, and amendments thereto. The Kansas bureau of investigation
2079-shall certify any conviction record of the person, or lack thereof, found
2080-as a result of such search to the city clerk and, if such a record is found,
2081-to the attorney general.
2082-(d) Fingerprints taken and submitted pursuant to this section shall
2083-be on forms approved by the attorney general.
3974+enforcement training center pursuant to subsection (f) of K.S.A. 74-5607,
3975+and amendments thereto. The Kansas bureau of investigation shall certify
3976+any conviction record of the person, or lack thereof, found as a result of
3977+such search to the city clerk and, if such a record is found, to the attorney
3978+general.
3979+(d) Fingerprints taken and submitted pursuant to this section shall be
3980+on forms approved by the attorney general.
20843981 (e) The cost of a search of fingerprint files pursuant to this section
20853982 shall be paid by the person being fingerprinted.
20863983 Sec. 21. K.S.A. 12-1679 is hereby amended to read as follows: 12-
20873984 1679. (a) As used in this act: (1) "Municipality" shall mean any
20883985 incorporated city or county of this state;
20893986 (2) "Merchants or security policeman" or "merchants or security
20903987 police force or agency" shall mean any person engaged for hire in the
20913988 business of guarding, watching, patrolling or otherwise attempting to
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20924032 provide security for the real or personal property of another person; and
2093-(3) "Person" shall mean any individual, partnership, association,
2094-firm, corporation or other business entity.
2095-(b) Every municipality which requires a license pursuant to this
2096-act shall acquire or collect the fingerprints of any person who applies
2097-for a merchants or security policeman's license from such municipality
2098-in accordance with section 2, and amendments thereto. The
2099-municipality shall submit the applicant's fingerprints to the Kansas
2100-bureau of investigation and to the federal bureau of investigation for the
2101-purpose of determining whether the applicant has a criminal record.
4033+(3) "Person" shall mean any individual, partnership, association, firm,
4034+corporation or other business entity.
4035+(b) Every municipality which requires a license pursuant to this act
4036+shall acquire or collect the fingerprints of any person who applies for a
4037+merchants or security policeman's license from such municipality in
4038+accordance with section 2, and amendments thereto. The municipality
4039+shall submit the applicant's fingerprints to the Kansas bureau of
4040+investigation and to the federal bureau of investigation for the purpose of
4041+determining whether the applicant has a criminal record.
21024042 (c) No municipality shall license, permit or otherwise authorize or
2103-allow any person to do business within such municipality as a
2104-merchants or security policeman or as a merchants or security police
2105-force or agency, unless every motor vehicle, as defined by K.S.A. 8-
2106-1437, and amendments thereto, which is used in any way by such
2107-person while doing business as a merchants or security policeman or
2108-police force or agency is properly registered.
2109-Sec. 22. K.S.A. 16a-6-104 is hereby amended to read as follows:
2110-16a-6-104. This act shall be administered by the consumer credit
2111-commissioner of Kansas deputy commissioner for consumer and
2112-mortgage lending who is also referred to as the administrator.
2113-(1) In addition to other powers granted by this act, the
2114-administrator within the limitations provided by law may:
4043+allow any person to do business within such municipality as a merchants
4044+or security policeman or as a merchants or security police force or agency,
4045+unless every motor vehicle, as defined by K.S.A. 8-1437, and amendments
4046+thereto, which is used in any way by such person while doing business as a
4047+merchants or security policeman or police force or agency is properly
4048+registered.
4049+Sec. 22. K.S.A. 16a-6-104 is hereby amended to read as follows: 16a-
4050+6-104. This act shall be administered by the consumer credit commissioner
4051+of Kansas deputy commissioner for consumer and mortgage lending who
4052+is also referred to as the administrator.
4053+(1) In addition to other powers granted by this act, the administrator
4054+within the limitations provided by law may:
21154055 (a) Receive and act on complaints, take action designed to obtain
2116-voluntary compliance with the provisions of K.S.A. 16a-1-101 to 16a-
2117-9-102, inclusive, and amendments thereto, or commence proceedings
2118-on the administrator's own initiative;
4056+voluntary compliance with the provisions of K.S.A. 16a-1-101 to 16a-9-
4057+102, inclusive, and amendments thereto, or commence proceedings on the
4058+administrator's own initiative;
21194059 (b) counsel persons and groups on their rights and duties under
21204060 K.S.A. 16a-1-101 to 16a-9-102, inclusive, and amendments thereto;
2121-(c) establish programs for the education of consumers with respect
2122-to credit practices and problems and as a condition in settlements of
2123-investigations or examinations, the administrator may receive a
2124-payment designated for consumer education to be expended as directed
2125-by the administrator for such purpose;
2126-(d) make studies appropriate to effectuate the purposes and
2127-policies of K.S.A. 16a-1-101 to 16a-9-102, inclusive, and amendments SENATE BILL No. 491—page 37
2128-thereto;
4061+(c) establish programs for the education of consumers with respect to
4062+credit practices and problems and as a condition in settlements of
4063+investigations or examinations, the administrator may receive a payment
4064+designated for consumer education to be expended as directed by the
4065+administrator for such purpose;
4066+(d) make studies appropriate to effectuate the purposes and policies of
4067+K.S.A. 16a-1-101 to 16a-9-102, inclusive, and amendments thereto;
21294068 (e) adopt, amend and revoke rules and regulations to carry out the
21304069 specific provisions of K.S.A. 16a-1-101 to 16a-9-102, inclusive, and
2131-amendments thereto, and to implement the requirements of the secure
2132-and fair enforcement for mortgage licensing act of 2008 (P.L. 110-289);
4070+amendments thereto, and to implement the requirements of the secure and
4071+fair enforcement for mortgage licensing act of 2008 (P.L. 110-289);
21334072 (f) issue, amend and revoke written administrative interpretations.
21344073 Such written administrative interpretations shall be approved by the
21354074 attorney general and published in the Kansas register within 15 days of
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21364118 issuance. The administrator shall annually publish all written
21374119 administrative interpretations in effect;
21384120 (g) maintain offices within this state; and
2139-(h) appoint any necessary attorneys, hearing examiners, clerks,
2140-and other employees and agents and fix their compensation, and
2141-authorize attorneys appointed under this section to appear for and
2142-represent the administrator in court;
4121+(h) appoint any necessary attorneys, hearing examiners, clerks, and
4122+other employees and agents and fix their compensation, and authorize
4123+attorneys appointed under this section to appear for and represent the
4124+administrator in court;
21434125 (i) examine periodically at intervals the administrator deems
2144-appropriate the loans, business and records of every licensee, registrant
2145-or person filing notification pursuant to K.S.A. 16a-6-201 through 16a-
2146-6-203, and amendments thereto, except licensees which are supervised
2147-financial organizations. The official or agency responsible for the
2148-supervision of each supervised financial organization shall examine the
2149-loans, business and records of each such organization in the manner
2150-and periodically at intervals prescribed by the administrator. In
2151-addition, for the purpose of discovering violations of K.S.A. 16a-1-101
2152-through 16a-9-102, and amendments thereto, or securing information
2153-lawfully required, the administrator or the official or agency to whose
2154-supervision the organization is subject to K.S.A. 16a-6-105, and
2155-amendments thereto, may at any time investigate the loans, business
2156-and records of any supervised lender. For examination purposes the
2157-administrator shall have free and reasonable access to the offices,
2158-places of business and records of the lender, registrant or person filing
2159-notification and the administrator may control access to any documents
2160-and records of a licensee, registrant or person filing notification under
2161-examination;
2162-(j) refer such evidence as may be available concerning violations
2163-of this act or of any rule and regulation or order to the attorney general
2164-or the proper county or district attorney, who may in the prosecutor's
2165-discretion, with or without such a reference, institute the appropriate
2166-criminal proceedings under this act. Upon receipt of such reference, the
2167-attorney general or the county attorney or district attorney may request
2168-that a duly employed attorney of the administrator prosecute or assist in
2169-the prosecution of such violation on behalf of the state. Upon approval
2170-of the administrator, such employee shall be appointed special
2171-prosecutor for the attorney general or the county attorney or district
2172-attorney to serve without compensation from the attorney general or the
2173-county attorney or district attorney. Such special prosecutor shall have
2174-all the powers and duties prescribed by law for assistant attorneys
2175-general or assistant county or district attorneys, and such other powers
2176-and duties as are lawfully delegated to such special prosecutors by the
2177-attorney general or the county attorney or district attorney;
2178-(k) if deemed necessary by the administrator, require
2179-fingerprinting of any applicant, licensee, members thereof if a
2180-copartnership or association, or officers and directors thereof if a
2181-corporation, or any agent or other person acting on their behalf. The
2182-administrator, or the administrator's designee, may submit such
2183-fingerprints to the Kansas bureau of investigation, federal bureau of
2184-investigation, or other law enforcement agency for the purposes of
2185-verifying the identity of such persons and obtaining records of their
2186-criminal arrests and convictions in accordance with section 2, and SENATE BILL No. 491—page 38
2187-amendments thereto. For purposes of this section and in order to reduce
2188-the points of contact which the federal bureau of investigation may
2189-have to maintain with the individual states, the administrator may use
2190-the nationwide mortgage licensing system and registry as a channeling
2191-agent for requesting information from and distributing information to
2192-the department of justice or any governmental agency. As used in this
2193-paragraph, "applicant" means a licensee, a member of a licensee if
2194-such licensee is a copartnership or association, an officer or director if
2195-such licensee is a corporation or an agent or other person acting on
2196-behalf of a licensee;
2197-(l) exchange information regarding the administration of this act
2198-with any agency of the United States or any state which regulates the
2199-licensee, registrant or person required to file notification, or who
2200-administers statutes, rules and regulations or other programs related to
2201-consumer credit and to enter into information sharing arrangements
2202-with other governmental agencies or associations representing
2203-governmental agencies which are deemed necessary or beneficial to the
2204-administration of this act;
4126+appropriate the loans, business and records of every licensee, registrant or
4127+person filing notification pursuant to K.S.A. 16a-6-201 through 16a-6-203,
4128+and amendments thereto, except licensees which are supervised financial
4129+organizations. The official or agency responsible for the supervision of
4130+each supervised financial organization shall examine the loans, business
4131+and records of each such organization in the manner and periodically at
4132+intervals prescribed by the administrator. In addition, for the purpose of
4133+discovering violations of K.S.A. 16a-1-101 through 16a-9-102, and
4134+amendments thereto, or securing information lawfully required, the
4135+administrator or the official or agency to whose supervision the
4136+organization is subject to K.S.A. 16a-6-105, and amendments thereto, may
4137+at any time investigate the loans, business and records of any supervised
4138+lender. For examination purposes the administrator shall have free and
4139+reasonable access to the offices, places of business and records of the
4140+lender, registrant or person filing notification and the administrator may
4141+control access to any documents and records of a licensee, registrant or
4142+person filing notification under examination;
4143+(j) refer such evidence as may be available concerning violations of
4144+this act or of any rule and regulation or order to the attorney general or the
4145+proper county or district attorney, who may in the prosecutor's discretion,
4146+with or without such a reference, institute the appropriate criminal
4147+proceedings under this act. Upon receipt of such reference, the attorney
4148+general or the county attorney or district attorney may request that a duly
4149+employed attorney of the administrator prosecute or assist in the
4150+prosecution of such violation on behalf of the state. Upon approval of the
4151+administrator, such employee shall be appointed special prosecutor for the
4152+attorney general or the county attorney or district attorney to serve without
4153+compensation from the attorney general or the county attorney or district
4154+attorney. Such special prosecutor shall have all the powers and duties
4155+prescribed by law for assistant attorneys general or assistant county or
4156+district attorneys, and such other powers and duties as are lawfully
4157+delegated to such special prosecutors by the attorney general or the county
4158+attorney or district attorney;
4159+(k) if deemed necessary by the administrator, require fingerprinting of
4160+any applicant, licensee, members thereof if a copartnership or association,
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4203+43 SB 491 50
4204+or officers and directors thereof if a corporation, or any agent or other
4205+person acting on their behalf. The administrator, or the administrator's
4206+designee, may submit such fingerprints to the Kansas bureau of
4207+investigation, federal bureau of investigation, or other law enforcement
4208+agency for the purposes of verifying the identity of such persons and
4209+obtaining records of their criminal arrests and convictions in accordance
4210+with section 2, and amendments thereto. For purposes of this section and
4211+in order to reduce the points of contact which the federal bureau of
4212+investigation may have to maintain with the individual states, the
4213+administrator may use the nationwide mortgage licensing system and
4214+registry as a channeling agent for requesting information from and
4215+distributing information to the department of justice or any governmental
4216+agency. As used in this paragraph, "applicant" means a licensee, a
4217+member of a licensee if such licensee is a copartnership or association, an
4218+officer or director if such licensee is a corporation or an agent or other
4219+person acting on behalf of a licensee;
4220+(l) exchange information regarding the administration of this act with
4221+any agency of the United States or any state which regulates the licensee,
4222+registrant or person required to file notification, or who administers
4223+statutes, rules and regulations or other programs related to consumer credit
4224+and to enter into information sharing arrangements with other
4225+governmental agencies or associations representing governmental agencies
4226+which are deemed necessary or beneficial to the administration of this act;
22054227 (m) require that any applicant, licensee, registrant or other person
22064228 complete a minimum number of prelicensing education hours and
2207-complete continuing education hours on an annual basis. Prelicensing
2208-and continuing education courses shall be approved by the
2209-administrator or the administrator's designee and may be made a
2210-condition of the application approval and renewal;
4229+complete continuing education hours on an annual basis. Prelicensing and
4230+continuing education courses shall be approved by the administrator or the
4231+administrator's designee and may be made a condition of the application
4232+approval and renewal;
22114233 (n) require that any applicant, licensee, registrant or other person
22124234 successfully pass a standardized examination designed to establish such
2213-person's knowledge of residential mortgage loan origination
2214-transactions and all applicable state and federal law. Such examinations
2215-shall be created and administered by the administrator or the
2216-administrator's designee and may be made a condition of application
2217-approval;
4235+person's knowledge of residential mortgage loan origination transactions
4236+and all applicable state and federal law. Such examinations shall be created
4237+and administered by the administrator or the administrator's designee and
4238+may be made a condition of application approval;
22184239 (o) use the nationwide mortgage licensing system and registry as a
2219-channeling agent for requesting and distributing any information
2220-regarding residential mortgage loan originator registration or
2221-supervised lender licensing to and from any source so directed by the
2222-administrator;
2223-(p) establish relationships or contracts with the nationwide
2224-mortgage licensing system and registry or other entities to collect and
2225-maintain records and process transaction fees or other fees related to
2226-applicants, licensees, registrants or other persons subject to the act and
2227-to take such other actions as may be reasonably necessary to participate
2228-in the nationwide mortgage licensing system and registry. The
2229-administrator shall regularly report violations of law, as well as
2230-enforcement actions and other relevant information, to the nationwide
2231-mortgage licensing system and registry, and make publicly available
2232-the proposed budget, fees, and audited financial statements of the
2233-nationwide mortgage licensing system and registry as may be prepared
2234-by the nationwide mortgage licensing system and registry and provided
2235-to the administrator;
4240+channeling agent for requesting and distributing any information regarding
4241+residential mortgage loan originator registration or supervised lender
4242+licensing to and from any source so directed by the administrator;
4243+(p) establish relationships or contracts with the nationwide mortgage
4244+licensing system and registry or other entities to collect and maintain
4245+records and process transaction fees or other fees related to applicants,
4246+licensees, registrants or other persons subject to the act and to take such
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4290+other actions as may be reasonably necessary to participate in the
4291+nationwide mortgage licensing system and registry. The administrator shall
4292+regularly report violations of law, as well as enforcement actions and other
4293+relevant information, to the nationwide mortgage licensing system and
4294+registry, and make publicly available the proposed budget, fees, and
4295+audited financial statements of the nationwide mortgage licensing system
4296+and registry as may be prepared by the nationwide mortgage licensing
4297+system and registry and provided to the administrator;
22364298 (q) require that any residential mortgage loan originator applicant,
22374299 registrant or other person successfully pass a standardized examination
22384300 designed to establish such person's knowledge of mortgage transactions
2239-and all applicable state and federal law. Such examinations shall be
2240-created and administered by the administrator or the administrator's
2241-designee, and may be made a condition of application approval or
2242-application renewal;
2243-(r) require that any mortgage loan originator applicant, registrant
2244-or other person complete a minimum number of prelicensing education
2245-hours and complete continuing education hours on an annual or SENATE BILL No. 491—page 39
2246-biannual basis. Prelicensing and continuing education courses shall be
2247-approved by the administrator or the administrator's designee and may
2248-be made a condition of application approval and renewal; and
4301+and all applicable state and federal law. Such examinations shall be created
4302+and administered by the administrator or the administrator's designee, and
4303+may be made a condition of application approval or application renewal;
4304+(r) require that any mortgage loan originator applicant, registrant or
4305+other person complete a minimum number of prelicensing education hours
4306+and complete continuing education hours on an annual or biannual basis.
4307+Prelicensing and continuing education courses shall be approved by the
4308+administrator or the administrator's designee and may be made a condition
4309+of application approval and renewal; and
22494310 (s) require any licensee or registrant to file reports with the
2250-nationwide mortgage licensing system and registry in the form
2251-prescribed by the administrator or the administrator's designee.
2252-(2) The administrator shall enforce the provisions of this act and
2253-the rules and regulations and interpretations adopted thereunder with
2254-respect to a creditor, unless the creditor's compliance is regulated
2255-exclusively or primarily by another state or federal agency.
2256-(3) To keep the administrator's rules and regulations in harmony
2257-with the rules of administrators in other jurisdictions which enact the
2258-revised uniform consumer credit code, the administrator, so far as is
2259-consistent with the purposes, policies and provisions of K.S.A. 16a-1-
2260-101 to 16a-9-102, inclusive, and amendments thereto, may:
4311+nationwide mortgage licensing system and registry in the form prescribed
4312+by the administrator or the administrator's designee.
4313+(2) The administrator shall enforce the provisions of this act and the
4314+rules and regulations and interpretations adopted thereunder with respect
4315+to a creditor, unless the creditor's compliance is regulated exclusively or
4316+primarily by another state or federal agency.
4317+(3) To keep the administrator's rules and regulations in harmony with
4318+the rules of administrators in other jurisdictions which enact the revised
4319+uniform consumer credit code, the administrator, so far as is consistent
4320+with the purposes, policies and provisions of K.S.A. 16a-1-101 to 16a-9-
4321+102, inclusive, and amendments thereto, may:
22614322 (a) Before adopting, amending and revoking rules and regulations,
2262-advise and consult with administrators in other jurisdictions which
2263-enact the uniform consumer credit code; and
4323+advise and consult with administrators in other jurisdictions which enact
4324+the uniform consumer credit code; and
22644325 (b) in adopting, amending and revoking rules and regulations, take
2265-into consideration the rules of administrators in other jurisdictions
2266-which enact the revised uniform consumer credit code.
4326+into consideration the rules of administrators in other jurisdictions which
4327+enact the revised uniform consumer credit code.
22674328 (4) Except for refund of an excess charge, no liability is imposed
2268-under K.S.A. 16a-1-101 to 16a-9-102, inclusive, and amendments
2269-thereto, for an act done or omitted in conformity with a rule and
2270-regulation or written administrative interpretation of the administrator
2271-in effect at the time of the act or omission notwithstanding that after the
2272-act or omission the rule and regulation or written administrative
2273-interpretation may be determined by judicial or other authority to be
2274-invalid for any reason.
2275-(5) The administrator prior to December 1 of each year shall
2276-establish such fees as are authorized under the provisions of K.S.A.
2277-16a-1-101 to 16a-9-102, inclusive, and amendments thereto, for the
2278-ensuing calendar year in such amounts as the administrator may
2279-determine to be sufficient to meet the budget requirements of the
2280-administrator for each fiscal year.
4329+under K.S.A. 16a-1-101 to 16a-9-102, inclusive, and amendments thereto,
4330+for an act done or omitted in conformity with a rule and regulation or
4331+written administrative interpretation of the administrator in effect at the
4332+time of the act or omission notwithstanding that after the act or omission
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4376+the rule and regulation or written administrative interpretation may be
4377+determined by judicial or other authority to be invalid for any reason.
4378+(5) The administrator prior to December 1 of each year shall establish
4379+such fees as are authorized under the provisions of K.S.A. 16a-1-101 to
4380+16a-9-102, inclusive, and amendments thereto, for the ensuing calendar
4381+year in such amounts as the administrator may determine to be sufficient to
4382+meet the budget requirements of the administrator for each fiscal year.
22814383 Sec. 23. K.S.A. 17-2234 is hereby amended to read as follows: 17-
22824384 2234. (a) (1) There is hereby established the state department of credit
22834385 unions, which shall be under the administrative supervision of the
2284-administrator as directed by law. The administrator may appoint or
2285-employ an attorney to assist the department in its functions under this
2286-act, and in accordance with the civil service law, such special assistants,
2287-deputies or examiners, and other employees, as may be necessary for
2288-the purpose of administering and enforcing the provisions of this act.
4386+administrator as directed by law. The administrator may appoint or employ
4387+an attorney to assist the department in its functions under this act, and in
4388+accordance with the civil service law, such special assistants, deputies or
4389+examiners, and other employees, as may be necessary for the purpose of
4390+administering and enforcing the provisions of this act.
22894391 (2) The administrator is hereby authorized to appoint financial
2290-examiners and other staff who shall be in the unclassified service under
2291-the Kansas civil service act. The administrator's salary schedule for
4392+examiners and other staff who shall be in the unclassified service under the
4393+Kansas civil service act. The administrator's salary schedule for
22924394 unclassified positions shall be reported to the credit union council
22934395 annually.
2294-(b) Nothing in subsection (a) shall affect the classified status of
2295-any person employed with the department of credit unions on the day
4396+(b) Nothing in subsection (a) shall affect the classified status of any
4397+person employed with the department of credit unions on the day
22964398 immediately preceding the effective day of this act.
2297-(c) Each special assistant, deputy, examiner and other such
2298-employees as may be necessary for the purpose of administering and
2299-enforcing the provisions of this act employee shall submit to a security
2300-state and national criminal background check prior to being employed
2301-in such position in accordance with section 2, and amendments thereto.
2302-Upon the commencement of the interview process, every candidate
2303-shall be given a written notice that a security background check is
2304-required. The security background check shall be limited to criminal SENATE BILL No. 491—page 40
2305-history record information as provided by K.S.A. 22-4701 et seq., and
2306-amendments thereto. If the criminal history record information reveals
2307-any conviction of crimes of dishonesty, such conviction may be used to
2308-disqualify a candidate for any position within the office of the
2309-department of credit unions. If the criminal history record information
2310-is used to disqualify a candidate, the candidate shall be informed in
2311-writing of that decision. Upon determining whether to hire or disqualify
2312-a candidate, the candidate's criminal history record information report
2313-shall be destroyed. The candidate's personnel file shall only contain a
2314-statement that a security background check was performed and the date
2315-thereof.
2316-(d) The state department of credit unions shall submit an
2317-employment candidate's fingerprints to the Kansas bureau of
2318-investigation and to the federal bureau of investigation for the purpose
2319-of determining whether the applicant has a criminal record. As used in
2320-this section, "candidate" means a person who has applied for a
2321-position with or is currently employed by the state department of credit
2322-unions as a deputy or an examiner.
2323-Sec. 24. K.S.A. 19-826 is hereby amended to read as follows: 19-
2324-826. (a) Before January 1, 1988, each person holding office as sheriff
2325-of any county in this state on the effective date of this act shall be
2326-fingerprinted as provided by this section.
2327-(b) Before assuming the office of sheriff of any county in this
2328-state, a person, other than an undersheriff or county clerk temporarily
2329-serving as sheriff pursuant to K.S.A. 19-804 or 19-804a, and
2330-amendments thereto, shall be fingerprinted as provided by this section
2331-and section 1, and amendments thereto. If the person is a candidate for
2332-the office of sheriff, such person shall be fingerprinted at the time of the
2333-filing of:
4399+(c) Each special assistant, deputy, examiner and other such employees
4400+as may be necessary for the purpose of administering and enforcing the
4401+provisions of this act employee shall submit to a security state and
4402+national criminal background check prior to being employed in such
4403+position in accordance with section 2, and amendments thereto. Upon the
4404+commencement of the interview process, every candidate shall be given a
4405+written notice that a security background check is required. The security
4406+background check shall be limited to criminal history record information
4407+as provided by K.S.A. 22-4701 et seq., and amendments thereto. If the
4408+criminal history record information reveals any conviction of crimes of
4409+dishonesty, such conviction may be used to disqualify a candidate for any
4410+position within the office of the department of credit unions. If the
4411+criminal history record information is used to disqualify a candidate, the
4412+candidate shall be informed in writing of that decision. Upon determining
4413+whether to hire or disqualify a candidate, the candidate's criminal history
4414+record information report shall be destroyed. The candidate's personnel file
4415+shall only contain a statement that a security background check was
4416+performed and the date thereof.
4417+(d) The state department of credit unions shall submit an employment
4418+candidate's fingerprints to the Kansas bureau of investigation and to the
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4462+federal bureau of investigation for the purpose of determining whether the
4463+applicant has a criminal record. As used in this section, "candidate" means
4464+a person who has applied for a position with or is currently employed by
4465+the state department of credit unions as a deputy or an examiner.
4466+Sec. 24. K.S.A. 19-826 is hereby amended to read as follows: 19-826.
4467+(a) Before January 1, 1988, each person holding office as sheriff of any
4468+county in this state on the effective date of this act shall be fingerprinted as
4469+provided by this section.
4470+(b) Before assuming the office of sheriff of any county in this state, a
4471+person, other than an undersheriff or county clerk temporarily serving as
4472+sheriff pursuant to K.S.A. 19-804 or 19-804a, and amendments thereto,
4473+shall be fingerprinted as provided by this section and section 1, and
4474+amendments thereto. If the person is a candidate for the office of sheriff,
4475+such person shall be fingerprinted at the time of the filing of:
23344476 (1) Nomination papers or a declaration of intent to become such a
23354477 candidate;
2336-(2) a certificate of nomination as such a candidate of a political
2337-party; or
4478+(2) a certificate of nomination as such a candidate of a political party;
4479+or
23384480 (3) a certificate of election to fill a vacancy in such a candidacy.
2339-(c) (1) Fingerprinting pursuant to this section shall be done by the
2340-law enforcement agency of the county in the presence of the county
2341-election officer. The county election officer shall forthwith forward the
2342-fingerprints to the Kansas bureau of investigation for a search of state
2343-and national fingerprint files to determine whether the person qualifies
2344-for the office of sheriff pursuant to subsection (a)(3) of K.S.A. 19-801b,
2345-and amendments thereto. The Kansas bureau of investigation shall
2346-certify any conviction record of the person, or lack thereof, found as a
2347-result of such search to the county election officer and, if such a record
2348-is found, to the attorney general.
2349-(2) If the person is a candidate for the office of sheriff and is
2350-found, as a result of the search, to be unqualified for such office, the
2351-county election officer shall notify the person within three days. Such
2352-person found to be unqualified for such office shall have five days from
2353-the date of the notice given by the Kansas bureau of investigation to:
2354-(1) (A) Present evidence to the county election officer showing
2355-error in the conviction record certified by the Kansas bureau of
2356-investigation; and
4481+(c) (1) Fingerprinting pursuant to this section shall be done by the law
4482+enforcement agency of the county in the presence of the county election
4483+officer. The county election officer shall forthwith forward the fingerprints
4484+to the Kansas bureau of investigation for a search of state and national
4485+fingerprint files to determine whether the person qualifies for the office of
4486+sheriff pursuant to subsection (a)(3) of K.S.A. 19-801b, and amendments
4487+thereto. The Kansas bureau of investigation shall certify any conviction
4488+record of the person, or lack thereof, found as a result of such search to the
4489+county election officer and, if such a record is found, to the attorney
4490+general.
4491+(2) If the person is a candidate for the office of sheriff and is found,
4492+as a result of the search, to be unqualified for such office, the county
4493+election officer shall notify the person within three days. Such person
4494+found to be unqualified for such office shall have five days from the date
4495+of the notice given by the Kansas bureau of investigation to:
4496+(1) (A) Present evidence to the county election officer showing error
4497+in the conviction record certified by the Kansas bureau of investigation;
4498+and
23574499 (2) (B) seek correction of any such error by the Kansas bureau of
23584500 investigation.
2359-(3) If there is no error in such conviction record, the county
2360-election officer shall terminate the person's candidacy and remove the
2361-person's name from the ballot.
2362-(d) Fingerprints taken and submitted pursuant to this section shall
2363-be on forms approved by the attorney general. SENATE BILL No. 491—page 41
4501+(3) If there is no error in such conviction record, the county election
4502+officer shall terminate the person's candidacy and remove the person's
4503+name from the ballot.
4504+(d) Fingerprints taken and submitted pursuant to this section shall be
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4548+on forms approved by the attorney general.
23644549 (e) The cost of a search of fingerprint files pursuant to this section
23654550 shall be paid by the person being fingerprinted.
2366-Sec. 25. K.S.A. 39-969 is hereby amended to read as follows: 39-
2367-969. (a) The secretary for aging and disability services shall upon
2368-request receive from the Kansas bureau of investigation in accordance
2369-with section 3, and amendments thereto, without charge, such criminal
2370-history record information relating to criminal convictions as necessary
2371-for the purpose of determining initial and continuing qualifications of
2372-an operator.
2373-(b) This section shall be a part of and supplemental to the adult
2374-care home licensure act.
2375-Sec. 26. K.S.A. 39-970 is hereby amended to read as follows: 39-
2376-970. (a) As used in this section:
2377-(1) "Adult care home" means any nursing facility, nursing facility
2378-for mental health, intermediate care facility for people with intellectual
2379-disability, assisted living facility, residential health care facility, home
2380-plus, boarding care home or adult day care facility that is required to be
2381-licensed to operate by the secretary for aging and disability services.
4551+Sec. 25. K.S.A. 39-969 is hereby amended to read as follows: 39-969.
4552+(a) The secretary for aging and disability services shall upon request
4553+receive from the Kansas bureau of investigation in accordance with
4554+section 3, and amendments thereto, without charge, such criminal history
4555+record information relating to criminal convictions as necessary for the
4556+purpose of determining initial and continuing qualifications of an operator.
4557+(b) This section shall be a part of and supplemental to the adult care
4558+home licensure act.
4559+Sec. 26. K.S.A. 39-970 is hereby amended to read as follows: 39-970.
4560+(a) As used in this section:
4561+(1) "Adult care home" means any nursing facility, nursing facility for
4562+mental health, intermediate care facility for people with intellectual
4563+disability, assisted living facility, residential health care facility, home plus,
4564+boarding care home or adult day care facility that is required to be licensed
4565+to operate by the secretary for aging and disability services.
23824566 (2) "Applicant" means an individual who applies for employment
2383-with an adult care home or applies to work for an employment agency
2384-or as an independent contractor who provides staff to an adult care
2385-home.
2386-(3) "Completion of the sentence" means the last day of the entire
2387-term of incarceration imposed by a sentence, including any term that is
2388-deferred, suspended or subject to parole, probation, diversion,
2389-community corrections, fines, fees, restitution or any other imposed
2390-sentencing requirements.
4567+with an adult care home or applies to work for an employment agency or
4568+as an independent contractor who provides staff to an adult care home.
4569+(3) "Completion of the sentence" means the last day of the entire term
4570+of incarceration imposed by a sentence, including any term that is
4571+deferred, suspended or subject to parole, probation, diversion, community
4572+corrections, fines, fees, restitution or any other imposed sentencing
4573+requirements.
23914574 (4) "Department" means the Kansas department for aging and
23924575 disability services.
2393-(5) "Direct access" means work that involves an actual or
2394-reasonable expectation of one-on-one interaction with a consumer or a
2395-consumer's property, personally identifiable information, medical
2396-records, treatment information or financial information.
2397-(6) "Direct supervision" means that a supervisor is physically
2398-present within an immediate distance to a supervisee and is available to
2399-provide constant direction, feedback and assistance to a client and the
2400-supervisee.
2401-(7) "Employment agency" means an organization or entity that has
2402-a contracted relationship with an adult care home to provide staff with
2403-direct access to consumers.
2404-(8) "Independent contractor" means an organization, entity, agency
2405-or individual that provides contracted workers or services to an adult
2406-care home.
2407-(9) "Secretary" means the secretary for aging and disability
2408-services.
2409-(b) (1) No person shall knowingly operate an adult care home if,
2410-in the adult care home, there works any person who has adverse
2411-findings on any state or national registry, as defined in rules and
2412-regulations adopted by the secretary for aging and disability services,
2413-or has been convicted of or has been adjudicated a juvenile offender
2414-because of having committed an act that if done by an adult would
2415-constitute the commission of capital murder, pursuant to K.S.A. 21-
2416-3439, prior to its repeal, or K.S.A. 21-5401, and amendments thereto,
2417-first degree murder, pursuant to K.S.A. 21-3401, prior to its repeal, or
2418-K.S.A. 21-5402, and amendments thereto, second degree murder,
2419-pursuant to K.S.A. 21-3402(a), prior to its repeal, or K.S.A. 21-
2420-5403(a), and amendments thereto, voluntary manslaughter, pursuant to
2421-K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and
2422-amendments thereto, assisting suicide, pursuant to K.S.A. 21-3406, SENATE BILL No. 491—page 42
2423-prior to its repeal, or K.S.A. 21-5407, and amendments thereto,
2424-mistreatment of a dependent adult or mistreatment of an elder person,
2425-pursuant to K.S.A. 21-3437, prior to its repeal, or K.S.A. 21-5417, and
2426-amendments thereto, human trafficking, pursuant to K.S.A. 21-3446,
2427-prior to its repeal, or K.S.A. 21-5426(a), and amendments thereto,
2428-aggravated human trafficking, pursuant to K.S.A. 21-3447, prior to its
2429-repeal, or K.S.A. 21-5426(b), and amendments thereto, rape, pursuant
2430-to K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and
2431-amendments thereto, indecent liberties with a child, pursuant to K.S.A.
2432-21-3503, prior to its repeal, or K.S.A. 21-5506(a), and amendments
2433-thereto, aggravated indecent liberties with a child, pursuant to K.S.A.
2434-21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments
2435-thereto, aggravated criminal sodomy, pursuant to K.S.A. 21-3506, prior
2436-to its repeal, or K.S.A. 21-5504(b), and amendments thereto, indecent
2437-solicitation of a child, pursuant to K.S.A. 21-3510, prior to its repeal, or
2438-K.S.A. 21-5508(a), and amendments thereto, aggravated indecent
2439-solicitation of a child, pursuant to K.S.A. 21-3511, prior to its repeal, or
2440-K.S.A. 21-5508(b), and amendments thereto, sexual exploitation of a
2441-child, pursuant to K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-
2442-5510, and amendments thereto, sexual battery, pursuant to K.S.A. 21-
2443-3517, prior to its repeal, or K.S.A. 21-5505(a), and amendments
2444-thereto, aggravated sexual battery, pursuant to K.S.A. 21-3518, prior to
2445-its repeal, or K.S.A. 21-5505(b), and amendments thereto, commercial
2446-sexual exploitation of a child, pursuant to K.S.A. 21-6422, and
2447-amendments thereto, an attempt to commit any of the crimes listed in
2448-this paragraph, pursuant to K.S.A. 21-3301, prior to its repeal, or
2449-K.S.A. 21-5301, and amendments thereto, a conspiracy to commit any
2450-of the crimes listed in this paragraph, pursuant to K.S.A. 21-3302, prior
2451-to its repeal, or K.S.A. 21-5302, and amendments thereto, or criminal
2452-solicitation of any of the crimes listed in this paragraph, pursuant to
2453-K.S.A. 21-3303, prior to its repeal, or K.S.A. 21-5303, and
2454-amendments thereto, or similar statutes of other states or the federal
2455-government. The provisions of subsection (b)(2)(C) shall not apply to
2456-any person who is employed by an adult care home on or before July 1,
2457-2010, and while continuously employed by the same adult care home or
2458-to any person during or upon successful completion of a diversion
2459-agreement.
2460-(2) A person operating an adult care home may employ an
2461-applicant who has been convicted of any of the following if six or more
2462-years have elapsed since completion of the sentence imposed or the
2463-applicant was discharged from probation, a community correctional
2464-services program, parole, postrelease supervision, conditional release or
2465-a suspended sentence; if six or more years have elapsed since the
2466-applicant has been finally discharged from the custody of the
2467-commissioner of juvenile justice or from probation or has been
2468-adjudicated a juvenile offender, whichever time is longer; or if the
2469-applicant has been granted a waiver of such six-year disqualification: A
2470-felony conviction for a crime that is described in: (A) Article 34 of
2471-chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or
2472-article 54 of chapter 21 of the Kansas Statutes Annotated, and
2473-amendments thereto, except those crimes listed in subsection (b)(1);
2474-(B) articles 35 or 36 of chapter 21 of the Kansas Statutes Annotated,
2475-prior to their repeal, or article 55 or 56 of chapter 21 of the Kansas
2476-Statutes Annotated, or K.S.A. 21-6420, and amendments thereto,
2477-except those crimes listed in subsection (b)(1) and K.S.A. 21-3605,
2478-prior to its repeal, or K.S.A. 21-5606, and amendments thereto; (C)
2479-K.S.A. 21-3701, prior to its repeal, or K.S.A. 21-5801, and
2480-amendments thereto; (D) an attempt to commit any of the crimes listed
2481-in this paragraph, pursuant to K.S.A. 21-3301, prior to its repeal, or SENATE BILL No. 491—page 43
2482-K.S.A. 21-5301, and amendments thereto; (E) a conspiracy to commit
2483-any of the crimes listed in this paragraph, pursuant to K.S.A. 21-3302,
2484-prior to its repeal, or K.S.A. 21-5302, and amendments thereto; (F)
2485-criminal solicitation of any of the crimes listed in this paragraph,
2486-pursuant to K.S.A. 21-3303, prior to its repeal, or K.S.A. 21-5303, and
2487-amendments thereto; or (G) similar statutes of other states or the federal
2488-government.
4576+(5) "Direct access" means work that involves an actual or reasonable
4577+expectation of one-on-one interaction with a consumer or a consumer's
4578+property, personally identifiable information, medical records, treatment
4579+information or financial information.
4580+(6) "Direct supervision" means that a supervisor is physically present
4581+within an immediate distance to a supervisee and is available to provide
4582+constant direction, feedback and assistance to a client and the supervisee.
4583+(7) "Employment agency" means an organization or entity that has a
4584+contracted relationship with an adult care home to provide staff with direct
4585+access to consumers.
4586+(8) "Independent contractor" means an organization, entity, agency or
4587+individual that provides contracted workers or services to an adult care
4588+home.
4589+(9) "Secretary" means the secretary for aging and disability services.
4590+(b) (1) No person shall knowingly operate an adult care home if, in
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4634+the adult care home, there works any person who has adverse findings on
4635+any state or national registry, as defined in rules and regulations adopted
4636+by the secretary for aging and disability services, or has been convicted of
4637+or has been adjudicated a juvenile offender because of having committed
4638+an act that if done by an adult would constitute the commission of capital
4639+murder, pursuant to K.S.A. 21-3439, prior to its repeal, or K.S.A. 21-5401,
4640+and amendments thereto, first degree murder, pursuant to K.S.A. 21-3401,
4641+prior to its repeal, or K.S.A. 21-5402, and amendments thereto, second
4642+degree murder, pursuant to K.S.A. 21-3402(a), prior to its repeal, or
4643+K.S.A. 21-5403(a), and amendments thereto, voluntary manslaughter,
4644+pursuant to K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and
4645+amendments thereto, assisting suicide, pursuant to K.S.A. 21-3406, prior
4646+to its repeal, or K.S.A. 21-5407, and amendments thereto, mistreatment of
4647+a dependent adult or mistreatment of an elder person, pursuant to K.S.A.
4648+21-3437, prior to its repeal, or K.S.A. 21-5417, and amendments thereto,
4649+human trafficking, pursuant to K.S.A. 21-3446, prior to its repeal, or
4650+K.S.A. 21-5426(a), and amendments thereto, aggravated human
4651+trafficking, pursuant to K.S.A. 21-3447, prior to its repeal, or K.S.A. 21-
4652+5426(b), and amendments thereto, rape, pursuant to K.S.A. 21-3502, prior
4653+to its repeal, or K.S.A. 21-5503, and amendments thereto, indecent
4654+liberties with a child, pursuant to K.S.A. 21-3503, prior to its repeal, or
4655+K.S.A. 21-5506(a), and amendments thereto, aggravated indecent liberties
4656+with a child, pursuant to K.S.A. 21-3504, prior to its repeal, or K.S.A. 21-
4657+5506(b), and amendments thereto, aggravated criminal sodomy, pursuant
4658+to K.S.A. 21-3506, prior to its repeal, or K.S.A. 21-5504(b), and
4659+amendments thereto, indecent solicitation of a child, pursuant to K.S.A.
4660+21-3510, prior to its repeal, or K.S.A. 21-5508(a), and amendments
4661+thereto, aggravated indecent solicitation of a child, pursuant to K.S.A. 21-
4662+3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments thereto,
4663+sexual exploitation of a child, pursuant to K.S.A. 21-3516, prior to its
4664+repeal, or K.S.A. 21-5510, and amendments thereto, sexual battery,
4665+pursuant to K.S.A. 21-3517, prior to its repeal, or K.S.A. 21-5505(a), and
4666+amendments thereto, aggravated sexual battery, pursuant to K.S.A. 21-
4667+3518, prior to its repeal, or K.S.A. 21-5505(b), and amendments thereto,
4668+commercial sexual exploitation of a child, pursuant to K.S.A. 21-6422, and
4669+amendments thereto, an attempt to commit any of the crimes listed in this
4670+paragraph, pursuant to K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-
4671+5301, and amendments thereto, a conspiracy to commit any of the crimes
4672+listed in this paragraph, pursuant to K.S.A. 21-3302, prior to its repeal, or
4673+K.S.A. 21-5302, and amendments thereto, or criminal solicitation of any of
4674+the crimes listed in this paragraph, pursuant to K.S.A. 21-3303, prior to its
4675+repeal, or K.S.A. 21-5303, and amendments thereto, or similar statutes of
4676+other states or the federal government. The provisions of subsection (b)(2)
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4720+(C) shall not apply to any person who is employed by an adult care home
4721+on or before July 1, 2010, and while continuously employed by the same
4722+adult care home or to any person during or upon successful completion of
4723+a diversion agreement.
4724+(2) A person operating an adult care home may employ an applicant
4725+who has been convicted of any of the following if six or more years have
4726+elapsed since completion of the sentence imposed or the applicant was
4727+discharged from probation, a community correctional services program,
4728+parole, postrelease supervision, conditional release or a suspended
4729+sentence; if six or more years have elapsed since the applicant has been
4730+finally discharged from the custody of the commissioner of juvenile justice
4731+or from probation or has been adjudicated a juvenile offender, whichever
4732+time is longer; or if the applicant has been granted a waiver of such six-
4733+year disqualification: A felony conviction for a crime that is described in:
4734+(A) Article 34 of chapter 21 of the Kansas Statutes Annotated, prior to
4735+their repeal, or article 54 of chapter 21 of the Kansas Statutes Annotated,
4736+and amendments thereto, except those crimes listed in subsection (b)(1);
4737+(B) articles 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior
4738+to their repeal, or article 55 or 56 of chapter 21 of the Kansas Statutes
4739+Annotated, or K.S.A. 21-6420, and amendments thereto, except those
4740+crimes listed in subsection (b)(1) and K.S.A. 21-3605, prior to its repeal,
4741+or K.S.A. 21-5606, and amendments thereto; (C) K.S.A. 21-3701, prior to
4742+its repeal, or K.S.A. 21-5801, and amendments thereto; (D) an attempt to
4743+commit any of the crimes listed in this paragraph, pursuant to K.S.A. 21-
4744+3301, prior to its repeal, or K.S.A. 21-5301, and amendments thereto; (E) a
4745+conspiracy to commit any of the crimes listed in this paragraph, pursuant
4746+to K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-5302, and amendments
4747+thereto; (F) criminal solicitation of any of the crimes listed in this
4748+paragraph, pursuant to K.S.A. 21-3303, prior to its repeal, or K.S.A. 21-
4749+5303, and amendments thereto; or (G) similar statutes of other states or the
4750+federal government.
24894751 An individual who has been disqualified for employment due to
24904752 conviction or adjudication of an offense listed in this paragraph (2) may
2491-apply to the secretary for aging and disability services for a waiver of
2492-such disqualification if five years have elapsed since completion of the
2493-sentence for such conviction. The secretary shall adopt rules and
2494-regulations establishing the waiver process and criteria to be considered
2495-by the secretary in evaluating any such waiver request.
2496-(3) A person operating an adult care home may employ an
2497-applicant who has been convicted of any of the following if six or more
2498-years have elapsed since completion of the sentence imposed or the
2499-applicant was discharged from probation, a community correctional
2500-services program, parole, postrelease supervision, conditional release or
2501-a suspended sentence; if six or more years have elapsed since the
2502-applicant has been finally discharged from the custody of the
2503-commissioner of juvenile justice or from probation or has been
2504-adjudicated a juvenile offender, whichever time is longer; or if the
2505-applicant has been granted a waiver of such six-year disqualification:
4753+apply to the secretary for aging and disability services for a waiver of such
4754+disqualification if five years have elapsed since completion of the sentence
4755+for such conviction. The secretary shall adopt rules and regulations
4756+establishing the waiver process and criteria to be considered by the
4757+secretary in evaluating any such waiver request.
4758+(3) A person operating an adult care home may employ an applicant
4759+who has been convicted of any of the following if six or more years have
4760+elapsed since completion of the sentence imposed or the applicant was
4761+discharged from probation, a community correctional services program,
4762+parole, postrelease supervision, conditional release or a suspended
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4806+sentence; if six or more years have elapsed since the applicant has been
4807+finally discharged from the custody of the commissioner of juvenile justice
4808+or from probation or has been adjudicated a juvenile offender, whichever
4809+time is longer; or if the applicant has been granted a waiver of such six-
4810+year disqualification:
25064811 (i) Interference with custody of a committed person pursuant to
2507-K.S.A. 21-3423, prior to its repeal, or K.S.A. 21-5410, and
2508-amendments thereto; mistreatment of a confined person pursuant to
2509-K.S.A. 21-3425, prior to its repeal, or K.S.A. 21-5416, and
2510-amendments thereto; unlawful administration of a substance pursuant
2511-to K.S.A. 21-3445, prior to its repeal, or K.S.A. 21-5425, and
2512-amendments thereto; violation of a protective order pursuant to K.S.A.
2513-21-3843, prior to its repeal, or K.S.A. 21-5924, and amendments
2514-thereto; promoting obscenity or promoting obscenity to minors
2515-pursuant to K.S.A. 21-4301 or 21-4301a, prior to their repeal, or K.S.A.
2516-21-6401, and amendments thereto; or cruelty to animals pursuant to
2517-K.S.A. 21-3727, 21-4310 or 21-4311, prior to their repeal, or K.S.A.
2518-21-6412, and amendments thereto; or
2519-(ii) any felony conviction of: Unlawful manufacture of a
2520-controlled substance pursuant to K.S.A. 2010 Supp. 21-36a03, prior to
2521-its repeal, or K.S.A. 21-5703, and amendments thereto; unlawful
2522-cultivation or distribution of a controlled substance pursuant to K.S.A.
2523-2010 Supp. 21-36a05, prior to its repeal, or K.S.A. 21-5705, and
2524-amendments thereto; unlawful manufacture, distribution, cultivation or
2525-possession of a controlled substance using a communication facility
2526-pursuant to K.S.A. 2010 Supp. 21-36a07, prior to its repeal, or K.S.A.
2527-21-5707, and amendments thereto; unlawful obtainment or sale of a
2528-prescription-only drug pursuant to K.S.A. 2010 Supp. 21-36a08, prior
2529-to its repeal, or K.S.A. 21-5708, and amendments thereto; unlawful
2530-distribution of drug precursors or drug paraphernalia pursuant to K.S.A.
2531-2010 Supp. 21-36a10, prior to its repeal, or K.S.A. 21-5710, and
2532-amendments thereto; unlawful distribution or possession of a simulated
2533-controlled substance pursuant to K.S.A. 2010 Supp. 21-36a13, prior to
2534-its repeal, or K.S.A. 21-5713, and amendments thereto; forgery
2535-pursuant to K.S.A. 21-3710, prior to its repeal, or K.S.A. 21-5823, and
2536-amendments thereto; criminal use of a financial card pursuant to K.S.A.
2537-21-3729, prior to its repeal, or K.S.A. 21-5828, and amendments
2538-thereto; any violation of the Kansas medicaid fraud control act pursuant
2539-to K.S.A. 21-3844 et seq., prior to their repeal, or K.S.A. 21-5925 et
2540-seq., and amendments thereto; making a false claim, statement or SENATE BILL No. 491—page 44
2541-representation to the medicaid program pursuant to K.S.A. 21-3846,
2542-prior to its repeal, or K.S.A. 21-5927, and amendments thereto;
4812+K.S.A. 21-3423, prior to its repeal, or K.S.A. 21-5410, and amendments
4813+thereto; mistreatment of a confined person pursuant to K.S.A. 21-3425,
4814+prior to its repeal, or K.S.A. 21-5416, and amendments thereto; unlawful
4815+administration of a substance pursuant to K.S.A. 21-3445, prior to its
4816+repeal, or K.S.A. 21-5425, and amendments thereto; violation of a
4817+protective order pursuant to K.S.A. 21-3843, prior to its repeal, or K.S.A.
4818+21-5924, and amendments thereto; promoting obscenity or promoting
4819+obscenity to minors pursuant to K.S.A. 21-4301 or 21-4301a, prior to their
4820+repeal, or K.S.A. 21-6401, and amendments thereto; or cruelty to animals
4821+pursuant to K.S.A. 21-3727, 21-4310 or 21-4311, prior to their repeal, or
4822+K.S.A. 21-6412, and amendments thereto; or
4823+(ii) any felony conviction of: Unlawful manufacture of a controlled
4824+substance pursuant to K.S.A. 2010 Supp. 21-36a03, prior to its repeal, or
4825+K.S.A. 21-5703, and amendments thereto; unlawful cultivation or
4826+distribution of a controlled substance pursuant to K.S.A. 2010 Supp. 21-
4827+36a05, prior to its repeal, or K.S.A. 21-5705, and amendments thereto;
4828+unlawful manufacture, distribution, cultivation or possession of a
4829+controlled substance using a communication facility pursuant to K.S.A.
4830+2010 Supp. 21-36a07, prior to its repeal, or K.S.A. 21-5707, and
4831+amendments thereto; unlawful obtainment or sale of a prescription-only
4832+drug pursuant to K.S.A. 2010 Supp. 21-36a08, prior to its repeal, or K.S.A.
4833+21-5708, and amendments thereto; unlawful distribution of drug
4834+precursors or drug paraphernalia pursuant to K.S.A. 2010 Supp. 21-36a10,
4835+prior to its repeal, or K.S.A. 21-5710, and amendments thereto; unlawful
4836+distribution or possession of a simulated controlled substance pursuant to
4837+K.S.A. 2010 Supp. 21-36a13, prior to its repeal, or K.S.A. 21-5713, and
4838+amendments thereto; forgery pursuant to K.S.A. 21-3710, prior to its
4839+repeal, or K.S.A. 21-5823, and amendments thereto; criminal use of a
4840+financial card pursuant to K.S.A. 21-3729, prior to its repeal, or K.S.A. 21-
4841+5828, and amendments thereto; any violation of the Kansas medicaid fraud
4842+control act pursuant to K.S.A. 21-3844 et seq., prior to their repeal, or
4843+K.S.A. 21-5925 et seq., and amendments thereto; making a false claim,
4844+statement or representation to the medicaid program pursuant to K.S.A.
4845+21-3846, prior to its repeal, or K.S.A. 21-5927, and amendments thereto;
25434846 unlawful acts relating to the medicaid program pursuant to K.S.A. 21-
25444847 3847, prior to its repeal, or K.S.A. 21-5928, and amendments thereto;
2545-obstruction of a medicaid fraud investigation pursuant to K.S.A. 21-
2546-3856, prior to its repeal, or K.S.A. 21-5929, and amendments thereto;
2547-identity theft or identity fraud pursuant to K.S.A. 2010 Supp. 21-4018,
2548-prior to its repeal, or K.S.A. 21-6107, and amendments thereto; or
2549-social welfare fraud pursuant to K.S.A. 39-720, and amendments
2550-thereto.
2551-The provisions of this paragraph (3) shall not apply to any person
2552-who is employed by an adult care home on or before July 1, 2018, and
2553-is continuously employed by the same adult care home or to any person
4848+obstruction of a medicaid fraud investigation pursuant to K.S.A. 21-3856,
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4892+prior to its repeal, or K.S.A. 21-5929, and amendments thereto; identity
4893+theft or identity fraud pursuant to K.S.A. 2010 Supp. 21-4018, prior to its
4894+repeal, or K.S.A. 21-6107, and amendments thereto; or social welfare
4895+fraud pursuant to K.S.A. 39-720, and amendments thereto.
4896+The provisions of this paragraph (3) shall not apply to any person who
4897+is employed by an adult care home on or before July 1, 2018, and is
4898+continuously employed by the same adult care home or to any person
25544899 during or upon successful completion of a diversion agreement.
25554900 An individual who has been disqualified for employment due to
25564901 conviction or adjudication of an offense listed in this paragraph (3) may
2557-apply to the secretary for aging and disability services for a waiver of
2558-such disqualification if five years have elapsed since completion of the
2559-sentence for such conviction. The secretary shall adopt rules and
2560-regulations establishing the waiver process and criteria to be considered
2561-by the secretary in evaluating any such waiver request.
4902+apply to the secretary for aging and disability services for a waiver of such
4903+disqualification if five years have elapsed since completion of the sentence
4904+for such conviction. The secretary shall adopt rules and regulations
4905+establishing the waiver process and criteria to be considered by the
4906+secretary in evaluating any such waiver request.
25624907 (c) No person shall operate an adult care home if such person has
2563-been found to be in need of a guardian or conservator, or both as
2564-provided in the act for obtaining a guardian or a conservator, or both.
2565-The provisions of this subsection shall not apply to an individual who,
2566-as a minor, was found to be in need of a guardian or conservator for
2567-reasons other than impairment.
2568-(d) (1) The Kansas bureau of investigation shall release all records
2569-of adult and juvenile convictions and adjudications and adult and
2570-juvenile convictions and adjudications of any other state or country
2571-concerning persons working in an adult care home to the secretary for
2572-aging and disability services in accordance with section 2, and
2573-amendments thereto. The Kansas bureau of investigation may charge to
2574-the Kansas department for aging and disability services a reasonable
2575-fee for providing criminal history record information under this
2576-subsection.
2577-(2) The department shall may require an applicant to be
2578-fingerprinted and to submit to a state and national criminal history
2579-record check in accordance with section 2, and amendments thereto.
2580-The fingerprints shall be used to identify the individual and to
2581-determine whether the individual has a record of criminal history in this
2582-state or other jurisdiction. The department is authorized to submit the
2583-fingerprints to the Kansas bureau of investigation and the federal
2584-bureau of investigation for a state and national criminal history record
2585-check. The department may use the information obtained from
2586-fingerprinting and the criminal history record check for purposes of
2587-verifying the identification of the person and for making an official
2588-determination of the qualifications and fitness of the person to work in
2589-the adult care home.
2590-(3) An applicant for employment in an adult care home shall have
2591-20 calendar days after receipt of authorization to submit the applicant's
2592-fingerprints through an authorized collection site in order to be eligible
2593-for provisional employment or the applicant's application shall be
2594-deemed withdrawn.
2595-(4) (A) The current or prospective employer of an applicant shall
2596-pay a reasonable fee not to exceed $19 of the total cost for criminal
2597-history record information to the department for each applicant
2598-submitted.
2599-(B) The prospective employer, employee or independent SENATE BILL No. 491—page 45
2600-contractor shall pay the fingerprint collection fee at the time of
2601-fingerprinting to the authorized collection site.
2602-(5) If an applicant disputes the contents of a criminal history
2603-record check, then the applicant may file an appeal with the Kansas
2604-bureau of investigation.
2605-(6) Individuals who have been disqualified for employment by
2606-reason of their criminal history records and who have met the
2607-requirements of this subsection may apply for a waiver with the
2608-department within 30 days of the receipt of the notice of employment
2609-prohibition.
2610-(7) The department shall adopt rules and regulations specifying
2611-the criteria and procedure for issuing a waiver of the employment
2612-prohibition. The secretary shall consider the following criteria when
2613-rendering a decision on such a waiver request: Passage of time;
2614-extenuating circumstances; demonstration of rehabilitation; and
2615-relevancy of the criminal history record information to the position for
2616-which the applicant is applying. Any employment prohibition issued
2617-shall remain in effect unless or until a waiver is granted.
2618-(e) For the purpose of complying with this section, the operator of
2619-an adult care home shall request from the Kansas department for aging
2620-and disability services an eligibility determination regarding adult and
2621-juvenile convictions and adjudications. For the purpose of complying
2622-with this section, the operator of an adult care home shall receive from
2623-any employment agency or independent contractor that provides
2624-employees to work in the adult care home written certification that such
2625-employees are not prohibited from working in the adult care home
2626-under this section. For the purpose of complying with this section, a
2627-person who operates an adult care home may hire an applicant for
2628-provisional employment on a one-time basis of 60 calendar days
2629-pending the results from the Kansas department for aging and disability
2630-services of a request for information under this subsection. A
2631-provisional employee may only be supervised by an employee that has
2632-completed all training required by federal regulations, rules and
2633-regulations of the department and the adult care home's policies and
2634-procedures. No adult care home, the operator or employees of an adult
2635-care home or an employment agency or an independent contractor shall
2636-be liable for civil damages resulting from any decision to employ, to
2637-refuse to employ or to discharge from employment any person based on
2638-such adult care home's compliance with the provisions of this section if
2639-such adult care home or employment agency acts in good faith to
2640-comply with this section.
2641-(f) The secretary for aging and disability services shall provide
2642-each operator requesting information under this section with a pass or
2643-fail determination after review of any criminal history record
2644-information in writing and within three working days of receipt of such
2645-information from the Kansas bureau of investigation or the federal
2646-bureau of investigation.
4908+been found to be in need of a guardian or conservator, or both as provided
4909+in the act for obtaining a guardian or a conservator, or both. The provisions
4910+of this subsection shall not apply to an individual who, as a minor, was
4911+found to be in need of a guardian or conservator for reasons other than
4912+impairment.
4913+(d) (1) The Kansas bureau of investigation shall release all records of
4914+adult and juvenile convictions and adjudications and adult and juvenile
4915+convictions and adjudications of any other state or country concerning
4916+persons working in an adult care home to the secretary for aging and
4917+disability services in accordance with section 2, and amendments thereto.
4918+The Kansas bureau of investigation may charge to the Kansas department
4919+for aging and disability services a reasonable fee for providing criminal
4920+history record information under this subsection.
4921+(2) The department shall may require an applicant to be fingerprinted
4922+and to submit to a state and national criminal history record check in
4923+accordance with section 2, and amendments thereto. The fingerprints shall
4924+be used to identify the individual and to determine whether the individual
4925+has a record of criminal history in this state or other jurisdiction. The
4926+department is authorized to submit the fingerprints to the Kansas bureau of
4927+investigation and the federal bureau of investigation for a state and
4928+national criminal history record check. The department may use the
4929+information obtained from fingerprinting and the criminal history record
4930+check for purposes of verifying the identification of the person and for
4931+making an official determination of the qualifications and fitness of the
4932+person to work in the adult care home.
4933+(3) An applicant for employment in an adult care home shall have 20
4934+calendar days after receipt of authorization to submit the applicant's
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4978+fingerprints through an authorized collection site in order to be eligible for
4979+provisional employment or the applicant's application shall be deemed
4980+withdrawn.
4981+(4) (A) The current or prospective employer of an applicant shall pay
4982+a reasonable fee not to exceed $19 of the total cost for criminal history
4983+record information to the department for each applicant submitted.
4984+(B) The prospective employer, employee or independent contractor
4985+shall pay the fingerprint collection fee at the time of fingerprinting to the
4986+authorized collection site.
4987+(5) If an applicant disputes the contents of a criminal history record
4988+check, then the applicant may file an appeal with the Kansas bureau of
4989+investigation.
4990+(6) Individuals who have been disqualified for employment by reason
4991+of their criminal history records and who have met the requirements of this
4992+subsection may apply for a waiver with the department within 30 days of
4993+the receipt of the notice of employment prohibition.
4994+(7) The department shall adopt rules and regulations specifying the
4995+criteria and procedure for issuing a waiver of the employment prohibition.
4996+The secretary shall consider the following criteria when rendering a
4997+decision on such a waiver request: Passage of time; extenuating
4998+circumstances; demonstration of rehabilitation; and relevancy of the
4999+criminal history record information to the position for which the applicant
5000+is applying. Any employment prohibition issued shall remain in effect
5001+unless or until a waiver is granted.
5002+(e) For the purpose of complying with this section, the operator of an
5003+adult care home shall request from the Kansas department for aging and
5004+disability services an eligibility determination regarding adult and juvenile
5005+convictions and adjudications. For the purpose of complying with this
5006+section, the operator of an adult care home shall receive from any
5007+employment agency or independent contractor that provides employees to
5008+work in the adult care home written certification that such employees are
5009+not prohibited from working in the adult care home under this section. For
5010+the purpose of complying with this section, a person who operates an adult
5011+care home may hire an applicant for provisional employment on a one-
5012+time basis of 60 calendar days pending the results from the Kansas
5013+department for aging and disability services of a request for information
5014+under this subsection. A provisional employee may only be supervised by
5015+an employee that has completed all training required by federal
5016+regulations, rules and regulations of the department and the adult care
5017+home's policies and procedures. No adult care home, the operator or
5018+employees of an adult care home or an employment agency or an
5019+independent contractor shall be liable for civil damages resulting from any
5020+decision to employ, to refuse to employ or to discharge from employment
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5064+any person based on such adult care home's compliance with the
5065+provisions of this section if such adult care home or employment agency
5066+acts in good faith to comply with this section.
5067+(f) The secretary for aging and disability services shall provide each
5068+operator requesting information under this section with a pass or fail
5069+determination after review of any criminal history record information in
5070+writing and within three working days of receipt of such information from
5071+the Kansas bureau of investigation or the federal bureau of investigation.
26475072 (g) A person who volunteers in an adult care home shall not be
26485073 subject to the provisions of this section unless the volunteer performs
26495074 equivalent functions to those performed by direct access employees.
26505075 (h) No person who has been continuously employed by the same
26515076 adult care home since July 1, 1992, shall be subject to the provisions of
26525077 this section while employed by such adult care home.
2653-(i) The operator of an adult care home shall not be required under
2654-this section to conduct a criminal history record check on an applicant
2655-for employment with the adult care home if the applicant has been the
2656-subject of a criminal history record check under this act within one year
2657-prior to the application for employment with the adult care home.
2658-(j) No person who is in the custody of the secretary of corrections SENATE BILL No. 491—page 46
2659-and who provides services, under direct supervision in nonpatient
2660-areas, on the grounds or other areas designated by the superintendent of
2661-the Kansas soldiers' home or the Kansas veterans' home shall be subject
2662-to the provisions of this section while providing such services.
2663-(k) (1) All fees charged by the secretary for criminal history
2664-record checks conducted pursuant to this section shall be established by
2665-rules and regulations of the secretary.
2666-(2) All moneys collected and remitted to the Kansas department
2667-for aging and disability services for fees charged for criminal history
2668-record checks conducted pursuant to this section shall be remitted to the
2669-state treasurer in accordance with K.S.A. 75-4215, and amendments
2670-thereto. Upon receipt of each such remittance, the state treasurer shall
2671-deposit the entire amount into the state treasury to the credit of the state
2672-licensure fee fund created by K.S.A. 39-930, and amendments thereto.
5078+(i) The operator of an adult care home shall not be required under this
5079+section to conduct a criminal history record check on an applicant for
5080+employment with the adult care home if the applicant has been the subject
5081+of a criminal history record check under this act within one year prior to
5082+the application for employment with the adult care home.
5083+(j) No person who is in the custody of the secretary of corrections and
5084+who provides services, under direct supervision in nonpatient areas, on the
5085+grounds or other areas designated by the superintendent of the Kansas
5086+soldiers' home or the Kansas veterans' home shall be subject to the
5087+provisions of this section while providing such services.
5088+(k) (1) All fees charged by the secretary for criminal history record
5089+checks conducted pursuant to this section shall be established by rules and
5090+regulations of the secretary.
5091+(2) All moneys collected and remitted to the Kansas department for
5092+aging and disability services for fees charged for criminal history record
5093+checks conducted pursuant to this section shall be remitted to the state
5094+treasurer in accordance with K.S.A. 75-4215, and amendments thereto.
5095+Upon receipt of each such remittance, the state treasurer shall deposit the
5096+entire amount into the state treasury to the credit of the state licensure fee
5097+fund created by K.S.A. 39-930, and amendments thereto.
26735098 (l) The Kansas department for aging and disability services may
2674-implement the amendments made to this section by this act in phases
2675-for different categories of employers. The department shall adopt rules
2676-and regulations establishing dates and procedures for the
2677-implementation of the criminal history record checks required by this
2678-section, and such dates may be staggered to facilitate implementation of
2679-the criminal history record checks required by this section.
5099+implement the amendments made to this section by this act in phases for
5100+different categories of employers. The department shall adopt rules and
5101+regulations establishing dates and procedures for the implementation of the
5102+criminal history record checks required by this section, and such dates may
5103+be staggered to facilitate implementation of the criminal history record
5104+checks required by this section.
26805105 (m) Upon authorization by the secretary for aging and disability
26815106 services, other state agencies may access an internet-based application
2682-portal that is operated and maintained by the Kansas department for
2683-aging and disability services for purposes of processing criminal
2684-history record information requests in accordance with this section.
2685-Agencies may not share criminal history record information or the
2686-resulting pass or fail determinations with any other agency. The
2687-secretary for aging and disability services may charge an authorized
2688-agency the amount of $1 per request made pursuant to this subsection.
2689-(n) This section shall be a part of and supplemental to the adult
2690-care home licensure act.
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5149+43 SB 491 61
5150+portal that is operated and maintained by the Kansas department for aging
5151+and disability services for purposes of processing criminal history record
5152+information requests in accordance with this section. Agencies may not
5153+share criminal history record information or the resulting pass or fail
5154+determinations with any other agency. The secretary for aging and
5155+disability services may charge an authorized agency the amount of $1 per
5156+request made pursuant to this subsection.
5157+(n) This section shall be a part of and supplemental to the adult care
5158+home licensure act.
26915159 Sec. 27. K.S.A. 39-2009 is hereby amended to read as follows: 39-
26925160 2009. (a) As used in this section:
26935161 (1) "Applicant" means an individual who applies for employment
2694-with a center, facility, hospital or a provider of services or applies to
2695-work for an employment agency or as an independent contractor that
2696-provides staff to a center, facility, hospital or a provider of services.
2697-(2) "Completion of the sentence" means the last day of the entire
2698-term of incarceration imposed by a sentence, including any term that is
2699-deferred, suspended or subject to parole, probation, diversion,
2700-community corrections, fines, fees, restitution or any other imposed
2701-sentencing requirements.
5162+with a center, facility, hospital or a provider of services or applies to work
5163+for an employment agency or as an independent contractor that provides
5164+staff to a center, facility, hospital or a provider of services.
5165+(2) "Completion of the sentence" means the last day of the entire term
5166+of incarceration imposed by a sentence, including any term that is
5167+deferred, suspended or subject to parole, probation, diversion, community
5168+corrections, fines, fees, restitution or any other imposed sentencing
5169+requirements.
27025170 (3) "Department" means the Kansas department for aging and
27035171 disability services.
2704-(4) "Direct access" means work that involves an actual or
2705-reasonable expectation of one-on-one interaction with a consumer or a
2706-consumer's property, personally identifiable information, medical
2707-records, treatment information or financial information.
2708-(5) "Direct supervision" means that a supervisor is physically
2709-present within an immediate distance to a supervisee and is available to
2710-provide constant direction, feedback and assistance to a client and the
2711-supervisee.
2712-(6) "Employment agency" means an organization or entity that has
2713-a contracted relationship with a center, hospital, facility or provider of
5172+(4) "Direct access" means work that involves an actual or reasonable
5173+expectation of one-on-one interaction with a consumer or a consumer's
5174+property, personally identifiable information, medical records, treatment
5175+information or financial information.
5176+(5) "Direct supervision" means that a supervisor is physically present
5177+within an immediate distance to a supervisee and is available to provide
5178+constant direction, feedback and assistance to a client and the supervisee.
5179+(6) "Employment agency" means an organization or entity that has a
5180+contracted relationship with a center, hospital, facility or provider of
27145181 services to provide staff with direct access to consumers.
2715-(7) "Independent contractor" means an organization, entity, agency
2716-or individual that provides contracted workers or services to a center,
2717-facility, hospital or provider of services. SENATE BILL No. 491—page 47
2718-(b) (1) No licensee shall knowingly operate a center, facility,
2719-hospital or be a provider of services if any person who works in the
2720-center, facility, hospital or for a provider of services has adverse
2721-findings on any state or national registry, as defined in rules and
2722-regulations adopted by the secretary for aging and disability services, or
2723-has been convicted of or has been adjudicated a juvenile offender
2724-because of having committing committed an act that if done by an adult
2725-would constitute the commission of capital murder, pursuant to K.S.A.
2726-21-3439, prior to its repeal, or K.S.A. 21-5401, and amendments
2727-thereto, first degree murder, pursuant to K.S.A. 21-3401, prior to its
2728-repeal, or K.S.A. 21-5402, and amendments thereto, second degree
2729-murder, pursuant to K.S.A. 21-3402(a), prior to its repeal, or K.S.A. 21-
2730-5403(a), and amendments thereto, voluntary manslaughter, pursuant to
2731-K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and
2732-amendments thereto, assisting suicide, pursuant to K.S.A. 21-3406,
2733-prior to its repeal, or K.S.A. 21-5407, and amendments thereto,
5182+(7) "Independent contractor" means an organization, entity, agency or
5183+individual that provides contracted workers or services to a center, facility,
5184+hospital or provider of services.
5185+(b) (1) No licensee shall knowingly operate a center, facility, hospital
5186+or be a provider of services if any person who works in the center, facility,
5187+hospital or for a provider of services has adverse findings on any state or
5188+national registry, as defined in rules and regulations adopted by the
5189+secretary for aging and disability services, or has been convicted of or has
5190+been adjudicated a juvenile offender because of having committing
5191+committed an act that if done by an adult would constitute the commission
5192+of capital murder, pursuant to K.S.A. 21-3439, prior to its repeal, or
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5236+K.S.A. 21-5401, and amendments thereto, first degree murder, pursuant to
5237+K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and amendments
5238+thereto, second degree murder, pursuant to K.S.A. 21-3402(a), prior to its
5239+repeal, or K.S.A. 21-5403(a), and amendments thereto, voluntary
5240+manslaughter, pursuant to K.S.A. 21-3403, prior to its repeal, or K.S.A.
5241+21-5404, and amendments thereto, assisting suicide, pursuant to K.S.A.
5242+21-3406, prior to its repeal, or K.S.A. 21-5407, and amendments thereto,
27345243 mistreatment of a dependent adult or mistreatment of an elder person,
27355244 pursuant to K.S.A. 21-3437, prior to its repeal, or K.S.A. 21-5417, and
2736-amendments thereto, human trafficking, pursuant to K.S.A. 21-3446,
2737-prior to its repeal, or K.S.A. 21-5426(a), and amendments thereto,
2738-aggravated human trafficking, pursuant to K.S.A. 21-3447, prior to its
2739-repeal, or K.S.A. 21-5426(b), and amendments thereto, rape, pursuant
2740-to K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and
2741-amendments thereto, indecent liberties with a child, pursuant to K.S.A.
2742-21-3503, prior to its repeal, or K.S.A. 21-5506(a), and amendments
2743-thereto, aggravated indecent liberties with a child, pursuant to K.S.A.
2744-21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments
2745-thereto, aggravated criminal sodomy, pursuant to K.S.A. 21-3506, prior
2746-to its repeal, or K.S.A. 21-5504(b), and amendments thereto, indecent
2747-solicitation of a child, pursuant to K.S.A. 21-3510, prior to its repeal, or
2748-K.S.A. 21-5508(a), and amendments thereto, aggravated indecent
2749-solicitation of a child, pursuant to K.S.A. 21-3511, prior to its repeal, or
2750-K.S.A. 21-5508(b), and amendments thereto, sexual exploitation of a
2751-child, pursuant to K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-
2752-5510, and amendments thereto, sexual battery, pursuant to K.S.A. 21-
2753-3517, prior to its repeal, or K.S.A. 21-5505(a), and amendments
2754-thereto, aggravated sexual battery, pursuant to K.S.A. 21-3518, prior to
2755-its repeal, or K.S.A. 21-5505(b), and amendments thereto, commercial
2756-sexual exploitation of a child, pursuant to K.S.A. 21-6422, and
2757-amendments thereto, an attempt to commit any of the crimes listed in
2758-this paragraph, pursuant to K.S.A. 21-3301, prior to its repeal, or
2759-K.S.A. 21-5301, and amendments thereto, a conspiracy to commit any
2760-of the crimes listed in this paragraph, pursuant to K.S.A. 21-3302, prior
2761-to its repeal, or K.S.A. 21-5302, and amendments thereto, or criminal
2762-solicitation of any of the crimes listed in this paragraph, pursuant to
2763-K.S.A. 21-3303, prior to its repeal, or K.S.A. 21-5303, and
2764-amendments thereto, or similar statutes of other states or the federal
2765-government.
2766-(2) A licensee operating a center, facility or hospital or as a
2767-provider of services may employ an applicant who has been convicted
2768-of any of the following if six or more years have elapsed since
2769-completion of the sentence imposed or the applicant was discharged
2770-from probation, a community correctional services program, parole,
2771-postrelease supervision, conditional release or a suspended sentence; if
2772-six or more years have elapsed since a community correctional services
2773-program, parole, postrelease supervision, conditional release or a
2774-suspended sentence; or if the applicant has been granted a waiver of
2775-such six-year disqualification: A felony conviction for a crime that is
2776-described in: (A) Article 34 of chapter 21 of the Kansas Statutes SENATE BILL No. 491—page 48
2777-Annotated, prior to their repeal, or article 54 of chapter 21 of the
2778-Kansas Statutes Annotated, and amendments thereto, except those
2779-crimes listed in paragraph (1); (B) article 35 or 36 of chapter 21 of the
2780-Kansas Statutes Annotated, and amendments thereto, prior to their
2781-repeal, or article 55 or 56 of chapter 21 of the Kansas Statutes
5245+amendments thereto, human trafficking, pursuant to K.S.A. 21-3446, prior
5246+to its repeal, or K.S.A. 21-5426(a), and amendments thereto, aggravated
5247+human trafficking, pursuant to K.S.A. 21-3447, prior to its repeal, or
5248+K.S.A. 21-5426(b), and amendments thereto, rape, pursuant to K.S.A. 21-
5249+3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto,
5250+indecent liberties with a child, pursuant to K.S.A. 21-3503, prior to its
5251+repeal, or K.S.A. 21-5506(a), and amendments thereto, aggravated
5252+indecent liberties with a child, pursuant to K.S.A. 21-3504, prior to its
5253+repeal, or K.S.A. 21-5506(b), and amendments thereto, aggravated
5254+criminal sodomy, pursuant to K.S.A. 21-3506, prior to its repeal, or K.S.A.
5255+21-5504(b), and amendments thereto, indecent solicitation of a child,
5256+pursuant to K.S.A. 21-3510, prior to its repeal, or K.S.A. 21-5508(a), and
5257+amendments thereto, aggravated indecent solicitation of a child, pursuant
5258+to K.S.A. 21-3511, prior to its repeal, or K.S.A. 21-5508(b), and
5259+amendments thereto, sexual exploitation of a child, pursuant to K.S.A. 21-
5260+3516, prior to its repeal, or K.S.A. 21-5510, and amendments thereto,
5261+sexual battery, pursuant to K.S.A. 21-3517, prior to its repeal, or K.S.A.
5262+21-5505(a), and amendments thereto, aggravated sexual battery, pursuant
5263+to K.S.A. 21-3518, prior to its repeal, or K.S.A. 21-5505(b), and
5264+amendments thereto, commercial sexual exploitation of a child, pursuant
5265+to K.S.A. 21-6422, and amendments thereto, an attempt to commit any of
5266+the crimes listed in this paragraph, pursuant to K.S.A. 21-3301, prior to its
5267+repeal, or K.S.A. 21-5301, and amendments thereto, a conspiracy to
5268+commit any of the crimes listed in this paragraph, pursuant to K.S.A. 21-
5269+3302, prior to its repeal, or K.S.A. 21-5302, and amendments thereto, or
5270+criminal solicitation of any of the crimes listed in this paragraph, pursuant
5271+to K.S.A. 21-3303, prior to its repeal, or K.S.A. 21-5303, and amendments
5272+thereto, or similar statutes of other states or the federal government.
5273+(2) A licensee operating a center, facility or hospital or as a provider
5274+of services may employ an applicant who has been convicted of any of the
5275+following if six or more years have elapsed since completion of the
5276+sentence imposed or the applicant was discharged from probation, a
5277+community correctional services program, parole, postrelease supervision,
5278+conditional release or a suspended sentence; if six or more years have
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5322+elapsed since a community correctional services program, parole,
5323+postrelease supervision, conditional release or a suspended sentence; or if
5324+the applicant has been granted a waiver of such six-year disqualification: A
5325+felony conviction for a crime that is described in: (A) Article 34 of chapter
5326+21 of the Kansas Statutes Annotated, prior to their repeal, or article 54 of
5327+chapter 21 of the Kansas Statutes Annotated, and amendments thereto,
5328+except those crimes listed in paragraph (1); (B) article 35 or 36 of chapter
5329+21 of the Kansas Statutes Annotated, and amendments thereto, prior to
5330+their repeal, or article 55 or 56 of chapter 21 of the Kansas Statutes
27825331 Annotated or K.S.A. 21-6420, and amendments thereto, except those
2783-crimes listed in paragraph (1); (C) K.S.A. 21-3701, prior to its repeal,
2784-or K.S.A. 21-5801, and amendments thereto; (D) an attempt to commit
2785-any of the crimes listed in this paragraph pursuant to K.S.A. 21-3301,
2786-prior to its repeal, or K.S.A. 21-5301, and amendments thereto; (E) a
2787-conspiracy to commit any of the crimes listed in this paragraph
2788-pursuant to K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-5302, and
2789-amendments thereto; (F) criminal solicitation of any of the crimes listed
2790-in this paragraph pursuant to K.S.A. 21-3303, prior to its repeal, or
2791-K.S.A. 21-5303, and amendments thereto; or (G) similar statutes of
2792-other states or the federal government.
5332+crimes listed in paragraph (1); (C) K.S.A. 21-3701, prior to its repeal, or
5333+K.S.A. 21-5801, and amendments thereto; (D) an attempt to commit any of
5334+the crimes listed in this paragraph pursuant to K.S.A. 21-3301, prior to its
5335+repeal, or K.S.A. 21-5301, and amendments thereto; (E) a conspiracy to
5336+commit any of the crimes listed in this paragraph pursuant to K.S.A. 21-
5337+3302, prior to its repeal, or K.S.A. 21-5302, and amendments thereto; (F)
5338+criminal solicitation of any of the crimes listed in this paragraph pursuant
5339+to K.S.A. 21-3303, prior to its repeal, or K.S.A. 21-5303, and amendments
5340+thereto; or (G) similar statutes of other states or the federal government.
27935341 An individual who has been disqualified for employment due to
27945342 conviction or adjudication of an offense listed in this paragraph (2) may
2795-apply to the secretary for aging and disability services for a waiver of
2796-such disqualification if five years have elapsed since completion of the
2797-sentence for such conviction. The secretary shall adopt rules and
2798-regulations establishing the waiver process and the criteria to be
2799-utilized by the secretary in evaluating any such waiver request.
2800-(3) A licensee operating a center, facility, hospital or as a provider
2801-of services may employ an applicant who has been convicted of any of
2802-the following if six or more years have elapsed since completion of the
5343+apply to the secretary for aging and disability services for a waiver of such
5344+disqualification if five years have elapsed since completion of the sentence
5345+for such conviction. The secretary shall adopt rules and regulations
5346+establishing the waiver process and the criteria to be utilized by the
5347+secretary in evaluating any such waiver request.
5348+(3) A licensee operating a center, facility, hospital or as a provider of
5349+services may employ an applicant who has been convicted of any of the
5350+following if six or more years have elapsed since completion of the
28035351 sentence imposed or the applicant was discharged from probation, a
2804-community correctional services program, parole, postrelease
2805-supervision, conditional release or a suspended sentence; if six or more
2806-years have elapsed since the applicant has been finally discharged from
2807-the custody of the commissioner of juvenile justice or from probation
2808-or has been adjudicated a juvenile offender, whichever time is longer;
2809-or if the applicant has been granted a waiver of such six-year
2810-disqualification:
5352+community correctional services program, parole, postrelease supervision,
5353+conditional release or a suspended sentence; if six or more years have
5354+elapsed since the applicant has been finally discharged from the custody of
5355+the commissioner of juvenile justice or from probation or has been
5356+adjudicated a juvenile offender, whichever time is longer; or if the
5357+applicant has been granted a waiver of such six-year disqualification:
28115358 (i) Interference with custody of a committed person pursuant to
2812-K.S.A. 21-3423, prior to its repeal, or K.S.A. 21-5410, and
2813-amendments thereto; mistreatment of a confined person pursuant to
2814-K.S.A. 21-3425, prior to its repeal, or K.S.A. 21-5416, and
2815-amendments thereto; unlawful administration of a substance pursuant
2816-to K.S.A. 21-3445, prior to its repeal, or K.S.A. 21-5425, and
2817-amendments thereto; violation of a protective order pursuant to K.S.A.
2818-21-3843, prior to its repeal, or K.S.A. 21-5924; promoting obscenity or
2819-promoting obscenity to minors pursuant to K.S.A. 21-4301 or 21-
2820-4301a, prior to their repeal, or K.S.A. 21-6401, and amendments
2821-thereto; or cruelty to animals pursuant to K.S.A. 21-3727, 21-4310 or
2822-21-4311, prior to their repeal, or K.S.A. 21-6412, and amendments
2823-thereto; or
2824-(ii) any felony conviction of: Unlawful manufacture of a
2825-controlled substance pursuant to K.S.A. 2010 Supp. 21-36a03, prior to
2826-its repeal, or K.S.A. 21-5703, and amendments thereto; unlawful
2827-cultivation or distribution of a controlled substance pursuant to K.S.A.
2828-2010 Supp. 21-36a05, prior to its repeal, or K.S.A. 21-5705, and
2829-amendments thereto; unlawful manufacture, distribution, cultivation or
2830-possession of a controlled substance using a communication facility
2831-pursuant to K.S.A. 2010 Supp. 21-36a07, prior to its repeal, or K.S.A.
2832-21-5707, and amendments thereto; unlawful obtainment or sale of a
2833-prescription-only drug pursuant to K.S.A. 2010 Supp. 21-36a08, prior
2834-to its repeal, or K.S.A. 21-5708, and amendments thereto; unlawful
2835-distribution of drug precursors or drug paraphernalia pursuant to K.S.A. SENATE BILL No. 491—page 49
2836-2010 Supp. 21-36a10, prior to its repeal, or K.S.A. 21-5710, and
2837-amendments thereto; unlawful distribution or possession of a simulated
2838-controlled substance pursuant to K.S.A. 2010 Supp. 21-36a13, prior to
2839-its repeal, or K.S.A. 21-5713, and amendments thereto; forgery
2840-pursuant to K.S.A. 21-3710, prior to its repeal, or K.S.A. 21-5823, and
2841-amendments thereto; criminal use of a financial card pursuant to K.S.A.
2842-21-3729, prior to its repeal, or K.S.A. 21-5828, and amendments
2843-thereto; any violation of the Kansas medicaid fraud control act pursuant
2844-to K.S.A. 21-3844 et seq., prior to their repeal, or K.S.A. 21-5925 et
2845-seq., and amendments thereto; making a false claim, statement or
2846-representation to the medicaid program pursuant to K.S.A. 21-3846,
2847-prior to its repeal, or K.S.A. 21-5927, and amendments thereto;
5359+K.S.A. 21-3423, prior to its repeal, or K.S.A. 21-5410, and amendments
5360+thereto; mistreatment of a confined person pursuant to K.S.A. 21-3425,
5361+prior to its repeal, or K.S.A. 21-5416, and amendments thereto; unlawful
5362+administration of a substance pursuant to K.S.A. 21-3445, prior to its
5363+repeal, or K.S.A. 21-5425, and amendments thereto; violation of a
5364+protective order pursuant to K.S.A. 21-3843, prior to its repeal, or K.S.A.
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5408+21-5924; promoting obscenity or promoting obscenity to minors pursuant
5409+to K.S.A. 21-4301 or 21-4301a, prior to their repeal, or K.S.A. 21-6401,
5410+and amendments thereto; or cruelty to animals pursuant to K.S.A. 21-
5411+3727, 21-4310 or 21-4311, prior to their repeal, or K.S.A. 21-6412, and
5412+amendments thereto; or
5413+(ii) any felony conviction of: Unlawful manufacture of a controlled
5414+substance pursuant to K.S.A. 2010 Supp. 21-36a03, prior to its repeal, or
5415+K.S.A. 21-5703, and amendments thereto; unlawful cultivation or
5416+distribution of a controlled substance pursuant to K.S.A. 2010 Supp. 21-
5417+36a05, prior to its repeal, or K.S.A. 21-5705, and amendments thereto;
5418+unlawful manufacture, distribution, cultivation or possession of a
5419+controlled substance using a communication facility pursuant to K.S.A.
5420+2010 Supp. 21-36a07, prior to its repeal, or K.S.A. 21-5707, and
5421+amendments thereto; unlawful obtainment or sale of a prescription-only
5422+drug pursuant to K.S.A. 2010 Supp. 21-36a08, prior to its repeal, or K.S.A.
5423+21-5708, and amendments thereto; unlawful distribution of drug
5424+precursors or drug paraphernalia pursuant to K.S.A. 2010 Supp. 21-36a10,
5425+prior to its repeal, or K.S.A. 21-5710, and amendments thereto; unlawful
5426+distribution or possession of a simulated controlled substance pursuant to
5427+K.S.A. 2010 Supp. 21-36a13, prior to its repeal, or K.S.A. 21-5713, and
5428+amendments thereto; forgery pursuant to K.S.A. 21-3710, prior to its
5429+repeal, or K.S.A. 21-5823, and amendments thereto; criminal use of a
5430+financial card pursuant to K.S.A. 21-3729, prior to its repeal, or K.S.A. 21-
5431+5828, and amendments thereto; any violation of the Kansas medicaid fraud
5432+control act pursuant to K.S.A. 21-3844 et seq., prior to their repeal, or
5433+K.S.A. 21-5925 et seq., and amendments thereto; making a false claim,
5434+statement or representation to the medicaid program pursuant to K.S.A.
5435+21-3846, prior to its repeal, or K.S.A. 21-5927, and amendments thereto;
28485436 unlawful acts relating to the medicaid program pursuant to K.S.A. 21-
28495437 3847, prior to its repeal, or K.S.A. 21-5928, and amendments thereto;
2850-obstruction of a medicaid fraud investigation pursuant to K.S.A. 21-
2851-3856, prior to its repeal, or K.S.A. 21-5929, and amendments thereto;
2852-identity theft or identity fraud pursuant to K.S.A. 2010 Supp. 21-4018,
2853-prior to its repeal, or K.S.A. 21-6107, and amendments thereto; or
2854-social welfare fraud pursuant to K.S.A. 39-720, and amendments
2855-thereto. The provisions of this paragraph shall not apply to any person
2856-who is employed by a center, facility, hospital or provider of services
2857-on or before July 1, 2018, and is continuously employed by the same
2858-center, facility, hospital or provider of services or to any person during
2859-or upon successful completion of a diversion agreement.
5438+obstruction of a medicaid fraud investigation pursuant to K.S.A. 21-3856,
5439+prior to its repeal, or K.S.A. 21-5929, and amendments thereto; identity
5440+theft or identity fraud pursuant to K.S.A. 2010 Supp. 21-4018, prior to its
5441+repeal, or K.S.A. 21-6107, and amendments thereto; or social welfare
5442+fraud pursuant to K.S.A. 39-720, and amendments thereto. The provisions
5443+of this paragraph shall not apply to any person who is employed by a
5444+center, facility, hospital or provider of services on or before July 1, 2018,
5445+and is continuously employed by the same center, facility, hospital or
5446+provider of services or to any person during or upon successful completion
5447+of a diversion agreement.
28605448 An individual who has been disqualified for employment due to
28615449 conviction or adjudication of an offense listed in this paragraph (3) may
2862-apply to the secretary for aging and disability services for a waiver of
2863-such disqualification if five years have elapsed since completion of the
2864-sentence for such conviction. The secretary shall adopt rules and
2865-regulations establishing the waiver process and criteria to be considered
2866-by the secretary in evaluating any such waiver request.
5450+apply to the secretary for aging and disability services for a waiver of such
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5494+disqualification if five years have elapsed since completion of the sentence
5495+for such conviction. The secretary shall adopt rules and regulations
5496+establishing the waiver process and criteria to be considered by the
5497+secretary in evaluating any such waiver request.
28675498 (c) No licensee shall operate a center, facility, hospital or be a
2868-provider of services if such person has been found to be an adult with
2869-an impairment in need of a guardian or a conservator, or both, as
2870-provided in the act for obtaining a guardian or conservator, or both. The
2871-provisions of this subsection shall not apply to an individual who, as a
2872-minor, was found to be in need of a guardian or conservator for reasons
2873-other than impairment.
2874-(d) (1) The Kansas bureau of investigation shall release all records
2875-of adult and juvenile convictions and adjudications and adult and
2876-juvenile convictions and adjudications of any other state or country
2877-concerning persons working in a center, facility, hospital or for a
2878-provider of services to the secretary for aging and disability services in
2879-accordance with section 2, and amendments thereto. The Kansas
2880-bureau of investigation may charge to the Kansas department for aging
2881-and disability services a reasonable fee for providing criminal history
2882-record information under this subsection.
2883-(2) The department shall may require an applicant to be
2884-fingerprinted and to submit to a state and national criminal history
2885-record check in accordance with section 2, and amendments thereto.
2886-The fingerprints shall be used to identify the individual and to
2887-determine whether the individual has a record of criminal history in this
2888-state or other jurisdiction. The department is authorized to submit the
2889-fingerprints to the Kansas bureau of investigation and the federal
2890-bureau of investigation for a state and national criminal history record
2891-check. The department may use the information obtained from
2892-fingerprinting and the criminal history record check for purposes of
2893-verifying the identification of the person and for making an official
2894-determination of the qualifications and fitness of the person to work in SENATE BILL No. 491—page 50
2895-the center, facility, hospital or for a provider of services.
2896-(3) An applicant for employment in an a center, facility, hospital
2897-or for a provider of services shall have 20 calendar days after receipt of
2898-authorization to submit the applicant's fingerprints through an
2899-authorized collection site in order to be eligible for provisional
2900-employment or the applicant's application shall be deemed withdrawn.
2901-(4) (A) The current or prospective employer of an applicant shall
2902-pay a reasonable fee not to exceed $19 of the total cost for criminal
2903-history record information to the department for each applicant
2904-submitted.
2905-(B) The prospective employer, employee or independent
2906-contractor shall pay the fingerprint collection fee at the time of
2907-fingerprinting to the authorized collection site.
2908-(5) If an applicant disputes the contents of a criminal history
2909-record check, then the applicant may file an appeal with the Kansas
2910-bureau of investigation.
2911-(6) Individuals who have been disqualified for employment by
2912-reason of their criminal history records and who have met the
2913-requirements of this subsection may apply for a waiver with the
2914-department within 30 days of the receipt of the notice of employment
2915-prohibition.
2916-(7) The department shall adopt rules and regulations specifying
2917-the criteria and procedure for issuing a waiver of the employment
2918-prohibition. The secretary shall consider the following criteria when
2919-rendering a decision on such a waiver request: Passage of time;
2920-extenuating circumstances; demonstration of rehabilitation; and
2921-relevancy of the criminal history record information to the position for
2922-which the applicant is applying. Any employment prohibition issued
2923-shall remain in effect unless or until a waiver is granted.
2924-(d) The secretary shall provide each licensee requesting
2925-information under this section with a pass or fail determination after
2926-review of any criminal history record information in writing and within
2927-three working days of receipt of such information from the Kansas
2928-bureau of investigation or the federal bureau of investigation.
5499+provider of services if such person has been found to be an adult with an
5500+impairment in need of a guardian or a conservator, or both, as provided in
5501+the act for obtaining a guardian or conservator, or both. The provisions of
5502+this subsection shall not apply to an individual who, as a minor, was found
5503+to be in need of a guardian or conservator for reasons other than
5504+impairment.
5505+(d) (1) The Kansas bureau of investigation shall release all records of
5506+adult and juvenile convictions and adjudications and adult and juvenile
5507+convictions and adjudications of any other state or country concerning
5508+persons working in a center, facility, hospital or for a provider of services
5509+to the secretary for aging and disability services in accordance with
5510+section 2, and amendments thereto. The Kansas bureau of investigation
5511+may charge to the Kansas department for aging and disability services a
5512+reasonable fee for providing criminal history record information under this
5513+subsection.
5514+(2) The department shall may require an applicant to be fingerprinted
5515+and to submit to a state and national criminal history record check in
5516+accordance with section 2, and amendments thereto. The fingerprints shall
5517+be used to identify the individual and to determine whether the individual
5518+has a record of criminal history in this state or other jurisdiction. The
5519+department is authorized to submit the fingerprints to the Kansas bureau of
5520+investigation and the federal bureau of investigation for a state and
5521+national criminal history record check. The department may use the
5522+information obtained from fingerprinting and the criminal history record
5523+check for purposes of verifying the identification of the person and for
5524+making an official determination of the qualifications and fitness of the
5525+person to work in the center, facility, hospital or for a provider of services.
5526+(3) An applicant for employment in an a center, facility, hospital or
5527+for a provider of services shall have 20 calendar days after receipt of
5528+authorization to submit the applicant's fingerprints through an authorized
5529+collection site in order to be eligible for provisional employment or the
5530+applicant's application shall be deemed withdrawn.
5531+(4) (A) The current or prospective employer of an applicant shall pay
5532+a reasonable fee not to exceed $19 of the total cost for criminal history
5533+record information to the department for each applicant submitted.
5534+(B) The prospective employer, employee or independent contractor
5535+shall pay the fingerprint collection fee at the time of fingerprinting to the
5536+authorized collection site.
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5580+(5) If an applicant disputes the contents of a criminal history record
5581+check, then the applicant may file an appeal with the Kansas bureau of
5582+investigation.
5583+(6) Individuals who have been disqualified for employment by reason
5584+of their criminal history records and who have met the requirements of this
5585+subsection may apply for a waiver with the department within 30 days of
5586+the receipt of the notice of employment prohibition.
5587+(7) The department shall adopt rules and regulations specifying the
5588+criteria and procedure for issuing a waiver of the employment prohibition.
5589+The secretary shall consider the following criteria when rendering a
5590+decision on such a waiver request: Passage of time; extenuating
5591+circumstances; demonstration of rehabilitation; and relevancy of the
5592+criminal history record information to the position for which the applicant
5593+is applying. Any employment prohibition issued shall remain in effect
5594+unless or until a waiver is granted.
5595+(d) The secretary shall provide each licensee requesting information
5596+under this section with a pass or fail determination after review of any
5597+criminal history record information in writing and within three working
5598+days of receipt of such information from the Kansas bureau of
5599+investigation or the federal bureau of investigation.
29295600 (e) Any licensee or member of the staff who receives information
29305601 concerning the fitness or unfitness of any person shall keep such
29315602 information confidential, except that the staff person may disclose such
2932-information to the person who is the subject of the request for
2933-information. A violation of this subsection shall be an unclassified
2934-misdemeanor punishable by a fine of $100.
5603+information to the person who is the subject of the request for information.
5604+A violation of this subsection shall be an unclassified misdemeanor
5605+punishable by a fine of $100.
29355606 (f) For the purpose of complying with this section, the licensee
2936-operating a center, facility, hospital or a provider of services shall
2937-request from the Kansas department for aging and disability services an
2938-eligibility determination regarding adult and juvenile convictions and
2939-adjudications. For the purpose of complying with this section, the
2940-licensee operating a center, facility, hospital or a provider of services
2941-shall receive from any employment agency or independent contractor
2942-that provides employees to work in the center, facility, hospital or for
2943-the provider of services written certification that such employees are
2944-not prohibited from working in the center, facility, hospital or for the
2945-provider of services under this section. For the purpose of complying
2946-with this section, a licensee may hire an applicant for provisional
2947-employment on a one-time basis of 60 calendar days pending the
2948-results from the Kansas department for aging and disability services of
2949-an eligibility determination under this subsection. A provisional
2950-employee may only be supervised by an employee who has completed
2951-all training required by federal regulations, department rules and
2952-regulations and the center's, facility's, hospital's or provider of services'
2953-policies and procedures. No licensee, its contractors or employees, shall SENATE BILL No. 491—page 51
2954-be liable for civil damages to any person refused employment or
2955-discharged from employment by reason of such licensee's compliance
2956-with the provisions of this section if such licensee acts in good faith to
2957-comply with this section.
2958-(g) The licensee operating a center, facility, hospital or a provider
2959-of services shall not require an applicant under this section to be
5607+operating a center, facility, hospital or a provider of services shall request
5608+from the Kansas department for aging and disability services an eligibility
5609+determination regarding adult and juvenile convictions and adjudications.
5610+For the purpose of complying with this section, the licensee operating a
5611+center, facility, hospital or a provider of services shall receive from any
5612+employment agency or independent contractor that provides employees to
5613+work in the center, facility, hospital or for the provider of services written
5614+certification that such employees are not prohibited from working in the
5615+center, facility, hospital or for the provider of services under this section.
5616+For the purpose of complying with this section, a licensee may hire an
5617+applicant for provisional employment on a one-time basis of 60 calendar
5618+days pending the results from the Kansas department for aging and
5619+disability services of an eligibility determination under this subsection. A
5620+provisional employee may only be supervised by an employee who has
5621+completed all training required by federal regulations, department rules
5622+and regulations and the center's, facility's, hospital's or provider of
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5666+services' policies and procedures. No licensee, its contractors or
5667+employees, shall be liable for civil damages to any person refused
5668+employment or discharged from employment by reason of such licensee's
5669+compliance with the provisions of this section if such licensee acts in good
5670+faith to comply with this section.
5671+(g) The licensee operating a center, facility, hospital or a provider of
5672+services shall not require an applicant under this section to be
29605673 fingerprinted, if the applicant has been the subject of a criminal history
29615674 record check under this act within one year prior to the application for
29625675 employment with the licensee operating a center, facility, hospital or a
29635676 provider of services and has maintained a record of continuous
2964-employment, with no lapse of employment of over 90 days in any
2965-center, facility, hospital or a provider of services covered by this act.
5677+employment, with no lapse of employment of over 90 days in any center,
5678+facility, hospital or a provider of services covered by this act.
29665679 Sec. 28. K.S.A. 2023 Supp. 40-4905 is hereby amended to read as
29675680 follows: 40-4905. (a) Subject to the provisions of K.S.A. 40-4904, and
2968-amendments thereto, it shall be unlawful for any person to sell, solicit
2969-or negotiate any insurance within this state unless such person has been
5681+amendments thereto, it shall be unlawful for any person to sell, solicit or
5682+negotiate any insurance within this state unless such person has been
29705683 issued a license as an insurance agent in accordance with this act.
2971-(b) Any person applying for a resident insurance agent license
2972-shall make application on a form prescribed by the commissioner. The
2973-applicant shall declare under penalty of perjury that the statements
2974-made in the application are true, correct and complete to the best of the
2975-applicant's knowledge and belief. Before approving the application, the
2976-commissioner shall determine that the applicant:
5684+(b) Any person applying for a resident insurance agent license shall
5685+make application on a form prescribed by the commissioner. The applicant
5686+shall declare under penalty of perjury that the statements made in the
5687+application are true, correct and complete to the best of the applicant's
5688+knowledge and belief. Before approving the application, the commissioner
5689+shall determine that the applicant:
29775690 (1) Is at least 18 years of age;
2978-(2) has not committed any act that is grounds for denial pursuant
2979-to this section or suspension or revocation pursuant to K.S.A. 40-4909,
2980-and amendments thereto;
5691+(2) has not committed any act that is grounds for denial pursuant to
5692+this section or suspension or revocation pursuant to K.S.A. 40-4909, and
5693+amendments thereto;
29815694 (3) has paid a nonrefundable fee set by the commissioner in an
29825695 amount not to exceed $30; and
2983-(4) has successfully passed the examination for each line of
2984-authority for which the applicant has applied.
5696+(4) has successfully passed the examination for each line of authority
5697+for which the applicant has applied.
29855698 (c) If the applicant is a business entity, then, in addition to the
2986-requirements of subsection (a), the commissioner shall also determine
2987-the name and address of a licensed agent who shall be responsible for
2988-the business entity's compliance with the insurance laws of this state
2989-and the rules and regulations promulgated thereunder.
5699+requirements of subsection (a), the commissioner shall also determine the
5700+name and address of a licensed agent who shall be responsible for the
5701+business entity's compliance with the insurance laws of this state and the
5702+rules and regulations promulgated thereunder.
29905703 (d) The commissioner may require the applicant to furnish any
2991-document or other material reasonably necessary to verify the
2992-information contained in an application.
2993-(e) Each insurer that sells, solicits or negotiates any form of
2994-limited line credit insurance shall provide a program of instruction that
2995-may be approved by the commissioner to each individual employed by
2996-or acting on behalf of such insurer to sell, solicit or negotiate limited
2997-line credit insurance.
5704+document or other material reasonably necessary to verify the information
5705+contained in an application.
5706+(e) Each insurer that sells, solicits or negotiates any form of limited
5707+line credit insurance shall provide a program of instruction that may be
5708+approved by the commissioner to each individual employed by or acting
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5752+on behalf of such insurer to sell, solicit or negotiate limited line credit
5753+insurance.
29985754 (f) (1) Each person or entity licensed in this state as an insurance
29995755 agent shall report the following to the commissioner within 30 calendar
30005756 days of occurrence:
3001-(A) Each disciplinary action on the agent's license or licenses by
3002-the insurance regulatory agency of any other state or territory of the
3003-United States;
5757+(A) Each disciplinary action on the agent's license or licenses by the
5758+insurance regulatory agency of any other state or territory of the United
5759+States;
30045760 (B) each disciplinary action on an occupational license held by the
30055761 licensee, other than an insurance agent's license, by the appropriate
30065762 regulatory authority of this or any other jurisdiction;
3007-(C) each judgment or injunction entered against the licensee on
3008-the basis of a violation of any insurance law or conduct involving
3009-fraud, deceit or misrepresentation;
5763+(C) each judgment or injunction entered against the licensee on the
5764+basis of a violation of any insurance law or conduct involving fraud, deceit
5765+or misrepresentation;
30105766 (D) all details of any conviction of a misdemeanor or felony other
30115767 than minor traffic violations. The details shall include the name of the
3012-arresting agency, the location and date of the arrest, the nature of the SENATE BILL No. 491—page 52
3013-charge or charges, the court in which the case was tried and the
3014-disposition rendered by the court;
3015-(E) each change of name. If the change of name is effected by
3016-court order, a copy of the court order shall be furnished to the
3017-commissioner;
5768+arresting agency, the location and date of the arrest, the nature of the
5769+charge or charges, the court in which the case was tried and the disposition
5770+rendered by the court;
5771+(E) each change of name. If the change of name is effected by court
5772+order, a copy of the court order shall be furnished to the commissioner;
30185773 (F) each change in residence or mailing address, email address or
30195774 telephone number;
3020-(G) each change in the name or address of the agency with which
3021-the agent is associated; and
3022-(H) each termination of a business relationship with an insurer if
3023-the termination is for cause, including the reason for the termination of
3024-the business relationship with such insurer.
3025-(2) Each person or entity licensed in this state as an insurance
3026-agent shall provide to the commissioner, upon request, a current listing
3027-of company affiliations and affiliated insurance agents.
5775+(G) each change in the name or address of the agency with which the
5776+agent is associated; and
5777+(H) each termination of a business relationship with an insurer if the
5778+termination is for cause, including the reason for the termination of the
5779+business relationship with such insurer.
5780+(2) Each person or entity licensed in this state as an insurance agent
5781+shall provide to the commissioner, upon request, a current listing of
5782+company affiliations and affiliated insurance agents.
30285783 (3) Each business entity licensed in this state as an insurance agent
30295784 shall report each change in legal or mailing address, email address and
30305785 telephone number to the commissioner within 30 days of occurrence.
30315786 (4) Each business entity licensed in this state as an insurance agent
3032-shall report each change in the name and address of the licensed agent
3033-who shall be responsible for the business entity's compliance with the
3034-insurance laws of this state to the commissioner within 30 days of
3035-occurrence.
3036-(g) Any applicant whose application for a license is denied shall
3037-be given an opportunity for a hearing in accordance with the provisions
3038-of the Kansas administrative procedure act.
5787+shall report each change in the name and address of the licensed agent who
5788+shall be responsible for the business entity's compliance with the insurance
5789+laws of this state to the commissioner within 30 days of occurrence.
5790+(g) Any applicant whose application for a license is denied shall be
5791+given an opportunity for a hearing in accordance with the provisions of the
5792+Kansas administrative procedure act.
30395793 (h) (1) The commissioner may require a person applying for a
3040-resident insurance agent license to be fingerprinted and submit to a
3041-state and national criminal history record check in accordance with
3042-section 2, and amendments thereto. The fingerprints shall be used to
3043-identify the applicant and to determine whether the applicant has a
3044-record of criminal arrests and convictions in this state or other
3045-jurisdictions. The commissioner is authorized to submit the fingerprints
3046-to the Kansas bureau of investigation and the federal bureau of
3047-investigation for a state and national criminal history record check.
3048-Local and state law enforcement officers and agencies shall assist the
3049-commissioner in the taking and processing of fingerprints of applicants
3050-and shall release all records of an applicant's arrests and convictions to
3051-the commissioner.
3052-(2) The commissioner may conduct, or have a third party conduct,
3053-a background check on a person applying for a resident insurance agent
5794+resident insurance agent license to be fingerprinted and submit to a state
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5838+and national criminal history record check in accordance with section 2,
5839+and amendments thereto. The fingerprints shall be used to identify the
5840+applicant and to determine whether the applicant has a record of criminal
5841+arrests and convictions in this state or other jurisdictions. The
5842+commissioner is authorized to submit the fingerprints to the Kansas bureau
5843+of investigation and the federal bureau of investigation for a state and
5844+national criminal history record check. Local and state law enforcement
5845+officers and agencies shall assist the commissioner in the taking and
5846+processing of fingerprints of applicants and shall release all records of an
5847+applicant's arrests and convictions to the commissioner.
5848+(2) The commissioner may conduct, or have a third party conduct, a
5849+background check on a person applying for a resident insurance agent
30545850 license.
30555851 (3) Whenever the commissioner requires fingerprinting, a
30565852 background check, or both, any associated costs shall be paid by the
30575853 applicant.
30585854 (4) The commissioner shall use the information obtained from a
3059-background check, fingerprinting and the applicant's criminal history
3060-only for purposes of verifying the identification of any applicant and in
3061-the official determination of the fitness of the applicant to be issued a
3062-license as an insurance agent in accordance with this act.
3063-(5)(2) Whenever the commissioner requires fingerprinting, a
3064-background check, or both, any associated costs shall be paid by the
3065-applicant.
3066-(3) A person applying for a resident insurance agent license who
3067-has been fingerprinted and has submitted to a state and national
3068-criminal history record check within the past 12 months in connection
3069-with the successful issuance or renewal of any other state-issued license
3070-may submit proof of such good standing to the commissioner in lieu of
3071-submitting to the fingerprinting and criminal history record checks SENATE BILL No. 491—page 53
5855+background check, fingerprinting and the applicant's criminal history only
5856+for purposes of verifying the identification of any applicant and in the
5857+official determination of the fitness of the applicant to be issued a license
5858+as an insurance agent in accordance with this act.
5859+(5)(2) A person applying for a resident insurance agent license who
5860+has been fingerprinted and has submitted to a state and national criminal
5861+history record check within the past 12 months in connection with the
5862+successful issuance or renewal of any other state-issued license may
5863+submit proof of such good standing to the commissioner in lieu of
5864+submitting to the fingerprinting and criminal history record checks
30725865 described in subsections (h)(1) and (h)(2) this subsection.
3073-(i) Not later than December 1 of each year, the commissioner shall
3074-set and publish in the Kansas register the application fee required
3075-pursuant to subsection (b) for the next calendar year.
5866+(i) Not later than December 1 of each year, the commissioner shall set
5867+and publish in the Kansas register the application fee required pursuant to
5868+subsection (b) for the next calendar year.
30765869 Sec. 29. K.S.A. 40-5502 is hereby amended to read as follows: 40-
30775870 5502. As used in K.S.A. 40-5501 through 40-5519, and amendments
30785871 thereto:
3079-(a) "Applicant" means a person who has submitted an application
3080-to become a licensed public adjuster in accordance with this act.
3081-(b) "Business entity" means a corporation, association,
3082-partnership, limited liability company, limited liability partnership or
3083-other legal entity.
5872+(a) "Applicant" means a person who has submitted an application to
5873+become a licensed public adjuster in accordance with this act.
5874+(b) "Business entity" means a corporation, association, partnership,
5875+limited liability company, limited liability partnership or other legal entity.
30845876 (b)(c) "Catastrophic disaster" means, according to the federal
30855877 response plan, an event:
30865878 (1) Declared by the president of the United States or governor of
30875879 Kansas;
30885880 (2) results in large numbers of deaths and injuries;
3089-(3) causes extensive damage or destruction of facilities that
3090-provide and sustain human needs;
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5924+(3) causes extensive damage or destruction of facilities that provide
5925+and sustain human needs;
30915926 (4) produces an overwhelming demand on state and local response
30925927 resources and mechanisms;
3093-(5) causes a severe long-term effect on general economic activity;
3094-and
3095-(6) severely affects state, local and private sector capabilities to
3096-begin and sustain response activities.
3097-(c)(d) "Commissioner" means the state commissioner of
3098-insurance.
5928+(5) causes a severe long-term effect on general economic activity; and
5929+(6) severely affects state, local and private sector capabilities to begin
5930+and sustain response activities.
5931+(c)(d) "Commissioner" means the state commissioner of insurance.
30995932 (d)(e) "FBI" means the federal bureau of investigation.
3100-(e)(f) "Fingerprint" means an impression of the lines on a finger
3101-taken for purpose of identification. The impression may be electronic or
3102-in ink converted to electronic format.
3103-(f)(g) "Home state" means the District of Columbia and any state
3104-or territory of the United States in which a public adjuster's principal
3105-place of residence or principal place of business is located. If neither
3106-the state in which the public adjuster maintains the principal place of
3107-residence nor the state in which the public adjuster maintains the
3108-principal place of business has a law governing public adjusters
3109-substantially similar to this act, the public adjuster may declare another
3110-state in which it becomes licensed and acts as a public adjuster to be the
3111-home state.
5933+(e)(f) "Fingerprint" means an impression of the lines on a finger taken
5934+for purpose of identification. The impression may be electronic or in ink
5935+converted to electronic format.
5936+(f)(g) "Home state" means the District of Columbia and any state or
5937+territory of the United States in which a public adjuster's principal place of
5938+residence or principal place of business is located. If neither the state in
5939+which the public adjuster maintains the principal place of residence nor the
5940+state in which the public adjuster maintains the principal place of business
5941+has a law governing public adjusters substantially similar to this act, the
5942+public adjuster may declare another state in which it becomes licensed and
5943+acts as a public adjuster to be the home state.
31125944 (g)(h) "KBI" means the Kansas bureau of investigation.
3113-(h)(i) "Licensed public adjuster" means a public adjuster licensed
3114-in accordance with this act.
5945+(h)(i) "Licensed public adjuster" means a public adjuster licensed in
5946+accordance with this act.
31155947 (i)(j) "NAIC" means the national association of insurance
31165948 commissioners and its affiliates and subsidiaries.
31175949 (j)(k) "Person" means an individual or a business entity.
31185950 (k)(l) "Public adjuster" means any individual who:
31195951 (1) For compensation or any other thing of value, and solely in
31205952 relation to first party claims arising under insurance claims or contracts
31215953 that insure the real or personal property of the insured, aids or acts on
31225954 behalf of an insured in negotiating for, or effecting the settlement of, a
31235955 claim for loss or damage covered by and limited to commercial lines
31245956 insurance contracts;
3125-(2) advertises for employment as a public adjuster of insurance
3126-claims or directly or indirectly solicits business or represents to the
3127-public that such person is a public adjuster of first party insurance
3128-claims for losses or damages to real or personal property covered by
3129-and limited to commercial lines insurance contracts; or
3130-(3) for compensation or any other thing of value, investigates or SENATE BILL No. 491—page 54
5957+(2) advertises for employment as a public adjuster of insurance claims
5958+or directly or indirectly solicits business or represents to the public that
5959+such person is a public adjuster of first party insurance claims for losses or
5960+damages to real or personal property covered by and limited to commercial
5961+lines insurance contracts; or
5962+(3) for compensation or any other thing of value, investigates or
31315963 adjusts losses or advises an insured about first party claims for losses or
3132-damages to real or personal property of the insured covered by and
3133-limited to commercial lines insurance contracts, for another person
3134-engaged in the business of adjusting losses or damages covered by and
3135-limited to commercial lines insurance contracts.
3136-(l)(m) "Uniform individual application" means the current version
3137-of the NAIC uniform individual application for resident and
3138-nonresident individuals.
5964+damages to real or personal property of the insured covered by and limited
5965+to commercial lines insurance contracts, for another person engaged in the
5966+business of adjusting losses or damages covered by and limited to
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6010+commercial lines insurance contracts.
6011+(l)(m) "Uniform individual application" means the current version of
6012+the NAIC uniform individual application for resident and nonresident
6013+individuals.
31396014 (m)(n) "Uniform business entity application" means the current
3140-version of the NAIC uniform business entity application for resident
3141-and nonresident business entities.
6015+version of the NAIC uniform business entity application for resident and
6016+nonresident business entities.
31426017 Sec. 30. K.S.A. 40-5504 is hereby amended to read as follows: 40-
3143-5504. (a) An individual applying for a public adjuster license shall
3144-make application to the commissioner on the appropriate uniform
3145-application or other application prescribed by the commissioner.
6018+5504. (a) An individual applying for a public adjuster license shall make
6019+application to the commissioner on the appropriate uniform application or
6020+other application prescribed by the commissioner.
31466021 (b) The applicant shall declare under penalty of perjury and under
31476022 penalty of refusal, suspension or revocation of the license, that the
31486023 statements made in the application are true, correct and complete to the
31496024 best of the applicant's knowledge and belief.
31506025 (c) In order to make a determination of license eligibility, the
3151-commissioner shall require a criminal history record check in
3152-accordance with section 2, and amendments thereto, on each applicant
3153-who is not exempt from pre-licensing examination pursuant to K.S.A.
3154-40-5507, and amendments thereto.
6026+commissioner shall require a criminal history record check in accordance
6027+with section 2, and amendments thereto, on each applicant who is not
6028+exempt from pre-licensing examination pursuant to K.S.A. 40-5507, and
6029+amendments thereto.
31556030 Sec. 31. K.S.A. 2023 Supp. 40-5505 is hereby amended to read as
31566031 follows: 40-5505. (a) Before issuing a public adjuster license to an
3157-applicant under the public adjusters licensing act, the commissioner
3158-shall find that the applicant:
3159-(1) Is eligible to designate this state as the applicant's home state
3160-or is a nonresident who is not eligible for a license under K.S.A. 40-
3161-5508, and amendments thereto;
3162-(2) has not committed any act that is a ground for denial,
3163-suspension or revocation of a license as set forth in K.S.A. 40-5510,
3164-and amendments thereto;
3165-(3) is trustworthy, reliable and of good reputation, evidence of
3166-which may be determined by the commissioner;
6032+applicant under the public adjusters licensing act, the commissioner shall
6033+find that the applicant:
6034+(1) Is eligible to designate this state as the applicant's home state or is
6035+a nonresident who is not eligible for a license under K.S.A. 40-5508, and
6036+amendments thereto;
6037+(2) has not committed any act that is a ground for denial, suspension
6038+or revocation of a license as set forth in K.S.A. 40-5510, and amendments
6039+thereto;
6040+(3) is trustworthy, reliable and of good reputation, evidence of which
6041+may be determined by the commissioner;
31676042 (4) is financially responsible to exercise the rights and privileges
31686043 under the license and has provided proof of financial responsibility as
31696044 required in K.S.A. 40-5511, and amendments thereto;
31706045 (5) has paid an application fee not to exceed $100; and
31716046 (6) maintains an office in the home state with public access during
31726047 regular business hours or by reasonable appointment.
31736048 (b) In addition to satisfying the requirements of subsection (a), an
31746049 applicant shall:
31756050 (1) Be at least 18 years of age; and
31766051 (2) have successfully passed the public adjuster examination.
31776052 (c) The commissioner may require any documents reasonably
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31786096 necessary to verify the information contained in the application.
3179-(d) (1) The commissioner may require a person applying for a
3180-public adjuster license an applicant to be fingerprinted and submit to a
3181-state and national criminal history record check in accordance with
3182-section 2, and amendments thereto, or to submit to a background check,
3183-or both.
3184-(2) Whenever the commissioner requires fingerprinting, a
3185-background check, or both, any associated costs shall be paid by the
3186-applicant.
6097+(d) (1) The commissioner may require a person applying for a public
6098+adjuster license an applicant to be fingerprinted and submit to a state and
6099+national criminal history record check in accordance with section 2, and
6100+amendments thereto, or to submit to a background check, or both.
31876101 (A) The fingerprints shall be used to identify the applicant and to
31886102 determine whether the applicant has a record of criminal history in this
3189-state or another jurisdiction. The commissioner shall submit the SENATE BILL No. 491—page 55
3190-fingerprints to the Kansas bureau of investigation and the federal
3191-bureau of investigation for a state and national criminal history record
3192-check. Local and state law enforcement officers and agencies shall
3193-assist the commissioner in the taking and processing of fingerprints of
3194-applicants and shall release all records of an applicant's arrests and
3195-convictions to the commissioner.
3196-(B) The commissioner may conduct or have a third party conduct
3197-a background check on a person applying for a public adjuster license.
6103+state or another jurisdiction. The commissioner shall submit the
6104+fingerprints to the Kansas bureau of investigation and the federal bureau of
6105+investigation for a state and national criminal history record check. Local
6106+and state law enforcement officers and agencies shall assist the
6107+commissioner in the taking and processing of fingerprints of applicants
6108+and shall release all records of an applicant's arrests and convictions to the
6109+commissioner.
6110+(B) The commissioner may conduct or have a third party conduct a
6111+background check on a person applying for a public adjuster license.
31986112 (2) Whenever the commissioner requires fingerprinting or a
31996113 background check, or both, any associated costs shall be paid by the
32006114 applicant.
32016115 (3) The commissioner may use the information obtained from a
3202-background check, fingerprinting and the applicant's criminal history
3203-only for purposes of verifying the identity of the applicant and in the
3204-official determination of the fitness of the applicant to be issued a
3205-license as a public adjuster in accordance with the public adjusters
3206-licensing act.
3207-(e) Not later than December 1 of each year, the commissioner
3208-shall set and publish in the Kansas register the application fees required
6116+background check, fingerprinting and the applicant's criminal history only
6117+for purposes of verifying the identity of the applicant and in the official
6118+determination of the fitness of the applicant to be issued a license as a
6119+public adjuster in accordance with the public adjusters licensing act.
6120+(e) Not later than December 1 of each year, the commissioner shall
6121+set and publish in the Kansas register the application fees required
32096122 pursuant to subsection (a) for the next calendar year.
32106123 Sec. 32. K.S.A. 2023 Supp. 41-102 is hereby amended to read as
32116124 follows: 41-102. As used in this act, unless the context clearly requires
32126125 otherwise:
32136126 (a) "Alcohol" means the product of distillation of any fermented
32146127 liquid, whether rectified or diluted, whatever its origin, and includes
32156128 synthetic ethyl alcohol but does not include denatured alcohol or wood
32166129 alcohol.
32176130 (b) "Alcoholic candy" means:
3218-(1) For purposes of manufacturing, any candy or other
3219-confectionery product with an alcohol content greater than 0.5%
3220-alcohol by volume; and
6131+(1) For purposes of manufacturing, any candy or other confectionery
6132+product with an alcohol content greater than 0.5% alcohol by volume; and
32216133 (2) for purposes of sale at retail, any candy or other confectionery
32226134 product with an alcohol content greater than 1% alcohol by volume.
32236135 (c) "Alcoholic liquor" means alcohol, spirits, wine, beer, alcoholic
3224-candy and every liquid or solid, patented or not, containing alcohol,
3225-spirits, wine or beer and capable of being consumed by a human being,
3226-but shall not include any cereal malt beverage.
3227-(d) "Applicant" means a person who has submitted an application
3228-for licensure under this act.
3229-(e) "Beer" means a beverage, containing more than 3.2% alcohol
3230-by weight, obtained by alcoholic fermentation of an infusion or
3231-concoction of barley, or other grain, malt and hops in water and
3232-includes beer, ale, stout, lager beer, porter and similar beverages having
3233-such alcoholic content.
3234-(e)(f) "Caterer" means the same as defined by K.S.A. 41-2601,
3235-and amendments thereto.
3236-(f)(g) "Cereal malt beverage" means the same as defined by
3237-K.S.A. 41-2701, and amendments thereto.
6136+candy and every liquid or solid, patented or not, containing alcohol, spirits,
6137+wine or beer and capable of being consumed by a human being, but shall
6138+not include any cereal malt beverage.
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6182+(d) "Applicant" means a person who has submitted an application for
6183+licensure under this act.
6184+(e) "Beer" means a beverage, containing more than 3.2% alcohol by
6185+weight, obtained by alcoholic fermentation of an infusion or concoction of
6186+barley, or other grain, malt and hops in water and includes beer, ale, stout,
6187+lager beer, porter and similar beverages having such alcoholic content.
6188+(e)(f) "Caterer" means the same as defined by K.S.A. 41-2601, and
6189+amendments thereto.
6190+(f)(g) "Cereal malt beverage" means the same as defined by K.S.A.
6191+41-2701, and amendments thereto.
32386192 (g)(h) "Club" means the same as defined by K.S.A. 41-2601, and
32396193 amendments thereto.
3240-(h)(i) "Director" means the director of alcoholic beverage control
3241-of the department of revenue.
6194+(h)(i) "Director" means the director of alcoholic beverage control of
6195+the department of revenue.
32426196 (i)(j) "Distributor" means the person importing or causing to be
32436197 imported into the state, or purchasing or causing to be purchased within
3244-the state, alcoholic liquor for sale or resale to retailers licensed under
3245-this act or cereal malt beverage for sale or resale to retailers licensed
3246-under K.S.A. 41-2702, and amendments thereto.
3247-(j)(k) "Domestic beer" means beer which contains not more than
3248-15% alcohol by weight and which is manufactured in this state. SENATE BILL No. 491—page 56
6198+the state, alcoholic liquor for sale or resale to retailers licensed under this
6199+act or cereal malt beverage for sale or resale to retailers licensed under
6200+K.S.A. 41-2702, and amendments thereto.
6201+(j)(k) "Domestic beer" means beer which contains not more than 15%
6202+alcohol by weight and which is manufactured in this state.
32496203 (k)(l) "Domestic fortified wine" means wine which contains more
32506204 than 16%, but not more than 20% alcohol by volume and which is
32516205 manufactured in this state.
32526206 (l)(m) "Domestic table wine" means wine which contains not more
32536207 than 16% alcohol by volume and which is manufactured without
32546208 rectification or fortification in this state.
32556209 (m)(n) "Drinking establishment" means the same as defined by
32566210 K.S.A. 41-2601, and amendments thereto.
32576211 (n)(o) "Farm winery" means a winery licensed by the director to
32586212 manufacture, store and sell domestic table wine and domestic fortified
32596213 wine.
3260-(o)(p) "Fulfillment house" means any location or facility for any
3261-in-state or out-of-state entity that handles logistics, including
3262-warehousing, packaging, order fulfillment or shipping services on
3263-behalf of the holder of a special order shipping license issued pursuant
3264-to K.S.A. 41-350, and amendments thereto.
6214+(o)(p) "Fulfillment house" means any location or facility for any in-
6215+state or out-of-state entity that handles logistics, including warehousing,
6216+packaging, order fulfillment or shipping services on behalf of the holder of
6217+a special order shipping license issued pursuant to K.S.A. 41-350, and
6218+amendments thereto.
32656219 (p)(q) "Hard cider" means any alcoholic beverage that:
32666220 (1) Contains less than 8.5% alcohol by volume;
3267-(2) has a carbonation level that does not exceed 6.4 grams per
3268-liter; and
6221+(2) has a carbonation level that does not exceed 6.4 grams per liter;
6222+and
32696223 (3) is obtained by the normal alcoholic fermentation of the juice of
32706224 sound, ripe apples or pears, including such beverages containing sugar
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32716268 added for the purpose of correcting natural deficiencies.
3272-(q)(r) "Manufacture" means to distill, rectify, ferment, brew,
3273-make, mix, concoct, process, blend, bottle or fill an original package
3274-with any alcoholic liquor, beer or cereal malt beverage.
6269+(q)(r) "Manufacture" means to distill, rectify, ferment, brew, make,
6270+mix, concoct, process, blend, bottle or fill an original package with any
6271+alcoholic liquor, beer or cereal malt beverage.
32756272 (r)(s) (1) "Manufacturer" means every brewer, fermenter, distiller,
32766273 rectifier, wine maker, blender, processor, bottler or person who fills or
32776274 refills an original package and others engaged in brewing, fermenting,
32786275 distilling, rectifying or bottling alcoholic liquor, beer or cereal malt
32796276 beverage.
3280-(2) "Manufacturer" does not include a microbrewery,
3281-microdistillery or a farm winery.
6277+(2) "Manufacturer" does not include a microbrewery, microdistillery
6278+or a farm winery.
32826279 (s)(t) "Microbrewery" means a brewery licensed by the director to
32836280 manufacture, store and sell domestic beer and hard cider.
3284-(t)(u) "Microdistillery" means a facility which produces spirits
3285-from any source or substance that is licensed by the director to
3286-manufacture, store and sell spirits.
6281+(t)(u) "Microdistillery" means a facility which produces spirits from
6282+any source or substance that is licensed by the director to manufacture,
6283+store and sell spirits.
32876284 (u)(v) "Minor" means any person under 21 years of age.
32886285 (v)(w) "Nonbeverage user" means any manufacturer of any of the
32896286 products set forth and described in K.S.A. 41-501, and amendments
32906287 thereto, when the products contain alcohol or wine, and all laboratories
32916288 using alcohol for nonbeverage purposes.
32926289 (w)(x) "Original package" means any bottle, flask, jug, can, cask,
32936290 barrel, keg, hogshead or other receptacle or container whatsoever, used,
32946291 corked or capped, sealed and labeled by the manufacturer of alcoholic
32956292 liquor, to contain and to convey any alcoholic liquor. Original container
32966293 does not include a sleeve.
3297-(x)(y) "Person" means any natural person, corporation,
3298-partnership, trust or association.
6294+(x)(y) "Person" means any natural person, corporation, partnership,
6295+trust or association.
32996296 (y)(z) "Powdered alcohol" means alcohol that is prepared in a
33006297 powdered or crystal form for either direct use or for reconstitution in a
33016298 nonalcoholic liquid.
33026299 (z)(aa) "Primary American source of supply" means the
33036300 manufacturer, the owner of alcoholic liquor at the time it becomes a
3304-marketable product or the manufacturer's or owner's exclusive agent
3305-who, if the alcoholic liquor cannot be secured directly from such
3306-manufacturer or owner by American wholesalers, is the source closest
3307-to such manufacturer or owner in the channel of commerce from which SENATE BILL No. 491—page 57
3308-the product can be secured by American wholesalers.
6301+marketable product or the manufacturer's or owner's exclusive agent who,
6302+if the alcoholic liquor cannot be secured directly from such manufacturer
6303+or owner by American wholesalers, is the source closest to such
6304+manufacturer or owner in the channel of commerce from which the
6305+product can be secured by American wholesalers.
33096306 (aa)(bb) (1) "Retailer" means a person who is licensed under the
33106307 Kansas liquor control act and sells at retail, or offers for sale at retail,
33116308 alcoholic liquors or cereal malt beverages.
3312-(2) "Retailer" does not include a microbrewery, microdistillery or
3313-a farm winery.
3314-(bb)(cc) "Sale" means any transfer, exchange or barter in any
3315-manner or by any means whatsoever for a consideration and includes
3316-all sales made by any person, whether principal, proprietor, agent,
3317-servant or employee.
6309+(2) "Retailer" does not include a microbrewery, microdistillery or a
6310+farm winery.
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6354+(bb)(cc) "Sale" means any transfer, exchange or barter in any manner
6355+or by any means whatsoever for a consideration and includes all sales
6356+made by any person, whether principal, proprietor, agent, servant or
6357+employee.
33186358 (cc)(dd) "Salesperson" means any natural person who:
33196359 (1) Procures or seeks to procure an order, bargain, contract or
33206360 agreement for the sale of alcoholic liquor or cereal malt beverage; or
3321-(2) is engaged in promoting the sale of alcoholic liquor or cereal
3322-malt beverage, or in promoting the business of any person, firm or
3323-corporation engaged in the manufacturing and selling of alcoholic
3324-liquor or cereal malt beverage, whether the seller resides within the
3325-state of Kansas and sells to licensed buyers within the state of Kansas,
3326-or whether the seller resides without the state of Kansas and sells to
3327-licensed buyers within the state of Kansas.
3328-(dd)(ee) "Sample" means a serving of alcoholic liquor that
3329-contains not more than: (1) One-half ounce of distilled spirits; (2) one
3330-ounce of wine; or (3) two ounces of beer or cereal malt beverage. A
3331-"sample" of a mixed alcoholic beverage shall contain not more than ½
3332-ounce of distilled spirits.
6361+(2) is engaged in promoting the sale of alcoholic liquor or cereal malt
6362+beverage, or in promoting the business of any person, firm or corporation
6363+engaged in the manufacturing and selling of alcoholic liquor or cereal malt
6364+beverage, whether the seller resides within the state of Kansas and sells to
6365+licensed buyers within the state of Kansas, or whether the seller resides
6366+without the state of Kansas and sells to licensed buyers within the state of
6367+Kansas.
6368+(dd)(ee) "Sample" means a serving of alcoholic liquor that contains
6369+not more than: (1) One-half ounce of distilled spirits; (2) one ounce of
6370+wine; or (3) two ounces of beer or cereal malt beverage. A "sample" of a
6371+mixed alcoholic beverage shall contain not more than ½ ounce of distilled
6372+spirits.
33336373 (ee)(ff) "Secretary" means the secretary of revenue.
3334-(ff)(gg) (1) "Sell at retail" and "sale at retail" refer to and mean
3335-sales for use or consumption and not for resale in any form and sales to
3336-clubs, licensed drinking establishments, licensed caterers or holders of
3337-temporary permits.
3338-(2) "Sell at retail" and "sale at retail" do not refer to or mean sales
3339-by a distributor, a microbrewery, a farm winery, a licensed club, a
3340-licensed drinking establishment, a licensed caterer or a holder of a
3341-temporary permit.
3342-(gg)(hh) "To sell" includes to solicit or receive an order for, to
3343-keep or expose for sale and to keep with intent to sell.
3344-(hh)(ii) "Sleeve" means a package of two or more 50-milliliter or
3345-3.2-fluid-ounce containers of spirits.
3346-(ii)(jj) "Spirits" means any beverage which contains alcohol
3347-obtained by distillation, mixed with water or other substance in
3348-solution, and includes brandy, rum, whiskey, gin or other spirituous
3349-liquors, and such liquors when rectified, blended or otherwise mixed
3350-with alcohol or other substances.
3351-(jj)(kk) "Supplier" means a manufacturer of alcoholic liquor or
3352-cereal malt beverage or an agent of such manufacturer, other than a
3353-salesperson.
3354-(kk)(ll) "Temporary permit" means the same as defined by K.S.A.
3355-41-2601, and amendments thereto.
6374+(ff)(gg) (1) "Sell at retail" and "sale at retail" refer to and mean sales
6375+for use or consumption and not for resale in any form and sales to clubs,
6376+licensed drinking establishments, licensed caterers or holders of temporary
6377+permits.
6378+(2) "Sell at retail" and "sale at retail" do not refer to or mean sales by
6379+a distributor, a microbrewery, a farm winery, a licensed club, a licensed
6380+drinking establishment, a licensed caterer or a holder of a temporary
6381+permit.
6382+(gg)(hh) "To sell" includes to solicit or receive an order for, to keep or
6383+expose for sale and to keep with intent to sell.
6384+(hh)(ii) "Sleeve" means a package of two or more 50-milliliter or 3.2-
6385+fluid-ounce containers of spirits.
6386+(ii)(jj) "Spirits" means any beverage which contains alcohol obtained
6387+by distillation, mixed with water or other substance in solution, and
6388+includes brandy, rum, whiskey, gin or other spirituous liquors, and such
6389+liquors when rectified, blended or otherwise mixed with alcohol or other
6390+substances.
6391+(jj)(kk) "Supplier" means a manufacturer of alcoholic liquor or cereal
6392+malt beverage or an agent of such manufacturer, other than a salesperson.
6393+(kk)(ll) "Temporary permit" means the same as defined by K.S.A. 41-
6394+2601, and amendments thereto.
33566395 (ll)(mm) "Wine" means any alcoholic beverage obtained by the
33576396 normal alcoholic fermentation of the juice of sound, ripe grapes, fruits,
3358-berries or other agricultural products, including such beverages
3359-containing added alcohol or spirits or containing sugar added for the
3360-purpose of correcting natural deficiencies. "Wine" includes hard cider
3361-and any other product that is commonly known as a subset of wine.
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6440+berries or other agricultural products, including such beverages containing
6441+added alcohol or spirits or containing sugar added for the purpose of
6442+correcting natural deficiencies. "Wine" includes hard cider and any other
6443+product that is commonly known as a subset of wine.
33626444 Sec. 33. K.S.A. 41-311b is hereby amended to read as follows: 41-
33636445 311b. (a) If an applicant for licensure is not a resident of the state of
33646446 Kansas on the date of submission of such application, the director may
33656447 require the individual applicant, or if the applicant is a corporation,
3366-partnership or trust, each individual officer, director, stockholder, SENATE BILL No. 491—page 58
3367-copartner or trustee to:
3368-(1) Submit to a national criminal history record check and provide
3369-the director with a legible set of fingerprints in accordance with section
3370-2, and amendments thereto;
6448+partnership or trust, each individual officer, director, stockholder, copartner
6449+or trustee to:
6450+(1) Submit to a national criminal history record check and provide the
6451+director with a legible set of fingerprints in accordance with section 2, and
6452+amendments thereto;
33716453 (2) disclose to the director any substantial financial interest the
33726454 applicant owns in any entity that receives proceeds from the sale of
33736455 alcoholic beverages; and
33746456 (3) submit a release allowing the director to have access to and
33756457 review of the applicant's financial records to verify ownership and to
33766458 ensure applicant is not an agent of another person. This release shall
33776459 remain in effect after the license has been issued until the license is
33786460 canceled or revoked.
33796461 (b) The director shall submit the fingerprints provided under
33806462 subsection (a) to the Kansas bureau of investigation and to the federal
3381-bureau of investigation and receive a reply to enable the director to
3382-verify the identity of such applicant or such individuals specified in
3383-subsection (a) and whether such applicant or such individuals have
3384-been convicted of any crimes that would disqualify the applicant or
3385-such individuals from holding a license under the liquor control act.
3386-The director is authorized to use the information obtained from the
3387-national criminal history record check to determine such applicant's or
3388-individual's eligibility to hold a license under the liquor control act.
6463+bureau of investigation and receive a reply to enable the director to verify
6464+the identity of such applicant or such individuals specified in subsection
6465+(a) and whether such applicant or such individuals have been convicted of
6466+any crimes that would disqualify the applicant or such individuals from
6467+holding a license under the liquor control act. The director is authorized to
6468+use the information obtained from the national criminal history record
6469+check to determine such applicant's or individual's eligibility to hold a
6470+license under the liquor control act.
33896471 (c) All costs incurred pursuant to this section to ensure that the
33906472 applicant is qualified for licensure shall be paid by the applicant.
33916473 Sec. 34. K.S.A. 46-1103 is hereby amended to read as follows: 46-
3392-1103. (a) There is hereby established the division of post audit within
3393-the legislative branch of the government. The division of post audit
3394-shall be under the direct supervision of the post auditor in accordance
3395-with policies adopted by the legislative post audit committee.
6474+1103. (a) There is hereby established the division of post audit within the
6475+legislative branch of the government. The division of post audit shall be
6476+under the direct supervision of the post auditor in accordance with policies
6477+adopted by the legislative post audit committee.
33966478 (b) (1) Employees in the division of post audit shall be in the
3397-unclassified service, shall receive such compensation as is provided
3398-under this act and shall be covered by the state group health plan and
3399-Kansas public employees retirement system to the same extent as other
6479+unclassified service, shall receive such compensation as is provided under
6480+this act and shall be covered by the state group health plan and Kansas
6481+public employees retirement system to the same extent as other state
6482+employees.
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6526+(2) Employees of the division of post audit shall receive travel
6527+expenses and subsistence expenses and allowances as provided for other
34006528 state employees.
3401-(2) Employees of the division of post audit shall receive travel
3402-expenses and subsistence expenses and allowances as provided for
3403-other state employees.
3404-(3) Employees in the division of post audit shall be employed by
3405-and be responsible to the post auditor who shall fix the compensation of
3406-each such employee subject to approval of the legislative post audit
3407-committee and within budget and appropriations therefor.
3408-(c) (1) The post auditor may require employees of the division of
3409-post audit and other persons who contract to work with or work under
3410-the direction of the post auditor to be fingerprinted and submit to a state
3411-and national criminal history record check in accordance with section
3412-2, and amendments thereto. The fingerprints shall be used to identify
3413-the employee and to determine whether the employee has a record of
3414-criminal history in this state or another jurisdiction. The post auditor
3415-shall submit the fingerprints to the Kansas bureau of investigation and
3416-the federal bureau of investigation for a state and national criminal
3417-history record check. Local and state law enforcement officers and
3418-agencies shall assist the post auditor in the taking and processing of
3419-fingerprints of employees or other such persons. Local law enforcement
3420-officers and agencies may charge a fee as reimbursement for expenses
3421-incurred in taking and processing fingerprints under this section. The
3422-post auditor may use the information obtained from fingerprinting and
3423-the criminal history for purposes of verifying the identification of the
3424-employee or other such person and in the official determination of the
3425-qualifications and fitness of the employee or other such person to work SENATE BILL No. 491—page 59
3426-with the division of post audit in any capacity.
3427-(2) If any person offered a position of employment in the division
3428-of post audit, including any person who contracts to work with the
3429-division of post audit is subject to a criminal history records check,
3430-such person shall be given a written notice that a criminal history
3431-records check is required. The post auditor may require such person to
3432-be fingerprinted and submit to a state and national criminal history
3433-record check in accordance with section 2, and amendments thereto.
3434-The fingerprints shall be used to identify the person and to determine
3435-whether the person has a record of criminal history in this state or
3436-another jurisdiction. The post auditor shall submit the fingerprints to
3437-the Kansas bureau of investigation and the federal bureau of
3438-investigation for a state and national criminal history record check.
3439-Local and state law enforcement officers and agencies shall assist the
3440-post auditor in the taking and processing of fingerprints of each such
3441-person. Local law enforcement officers and agencies may charge a fee
3442-as reimbursement for expenses incurred in taking and processing
3443-fingerprints under this section. The post auditor may use the
6529+(3) Employees in the division of post audit shall be employed by and
6530+be responsible to the post auditor who shall fix the compensation of each
6531+such employee subject to approval of the legislative post audit committee
6532+and within budget and appropriations therefor.
6533+(c) (1) The post auditor may require employees of the division of post
6534+audit and other persons who contract to work with or work under the
6535+direction of the post auditor to be fingerprinted and submit to a state and
6536+national criminal history record check in accordance with section 2, and
6537+amendments thereto. The fingerprints shall be used to identify the
6538+employee and to determine whether the employee has a record of criminal
6539+history in this state or another jurisdiction. The post auditor shall submit
6540+the fingerprints to the Kansas bureau of investigation and the federal
6541+bureau of investigation for a state and national criminal history record
6542+check. Local and state law enforcement officers and agencies shall assist
6543+the post auditor in the taking and processing of fingerprints of employees
6544+or other such persons. Local law enforcement officers and agencies may
6545+charge a fee as reimbursement for expenses incurred in taking and
6546+processing fingerprints under this section. The post auditor may use the
34446547 information obtained from fingerprinting and the criminal history for
3445-purposes of verifying the identification of the person and in the official
3446-determination of the eligibility of the person to perform appropriate
3447-tasks for the division of post audit. If the criminal history record
3448-information is used to disqualify a person from employment or a
3449-contract offer, such person shall be informed in writing of that decision.
3450-(3) For the purposes of this subsection, "employee" means a
3451-person with a position of employment within the division of post audit
3452-or a person who contracts to work with or under the direction of the
3453-post auditor.
3454-(d) The annual budget request of the division shall be prepared by
3455-the post auditor and the post auditor shall present it to the legislative
3456-post audit committee. The committee shall make any changes it desires
3457-in said budget request and then shall transmit it to the legislative
3458-coordinating council. Such council shall make any changes it desires in
3459-such budget request and upon approval of the budget request by the
3460-council, the post auditor shall submit it to the director of the budget as
3461-other budget requests are submitted.
6548+purposes of verifying the identification of the employee or other such
6549+person and in the official determination of the qualifications and fitness of
6550+the employee or other such person to work with the division of post audit
6551+in any capacity.
6552+(2) If any person offered a position of employment in the division of
6553+post audit, including any person who contracts to work with the division of
6554+post audit is subject to a criminal history records check, such person shall
6555+be given a written notice that a criminal history records check is required.
6556+The post auditor may require such person to be fingerprinted and submit to
6557+a state and national criminal history record check in accordance with
6558+section 2, and amendments thereto. The fingerprints shall be used to
6559+identify the person and to determine whether the person has a record of
6560+criminal history in this state or another jurisdiction. The post auditor shall
6561+submit the fingerprints to the Kansas bureau of investigation and the
6562+federal bureau of investigation for a state and national criminal history
6563+record check. Local and state law enforcement officers and agencies shall
6564+assist the post auditor in the taking and processing of fingerprints of each
6565+such person. Local law enforcement officers and agencies may charge a
6566+fee as reimbursement for expenses incurred in taking and processing
6567+fingerprints under this section. The post auditor may use the information
6568+obtained from fingerprinting and the criminal history for purposes of
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6612+verifying the identification of the person and in the official determination
6613+of the eligibility of the person to perform appropriate tasks for the division
6614+of post audit. If the criminal history record information is used to
6615+disqualify a person from employment or a contract offer, such person shall
6616+be informed in writing of that decision.
6617+(3) For the purposes of this subsection, "employee" means a person
6618+with a position of employment within the division of post audit or a person
6619+who contracts to work with or under the direction of the post auditor.
6620+(d) The annual budget request of the division shall be prepared by the
6621+post auditor and the post auditor shall present it to the legislative post audit
6622+committee. The committee shall make any changes it desires in said
6623+budget request and then shall transmit it to the legislative coordinating
6624+council. Such council shall make any changes it desires in such budget
6625+request and upon approval of the budget request by the council, the post
6626+auditor shall submit it to the director of the budget as other budget requests
6627+are submitted.
34626628 Sec. 35. K.S.A. 46-3301 is hereby amended to read as follows: 46-
3463-3301. (a) There is hereby established a joint committee on Kansas
3464-security which shall consist of five members of the house of
3465-representatives and five members of the senate. Three of the members
3466-who are representatives shall be appointed by the speaker of the house
3467-of representatives, three members who are senators shall be appointed
3468-by the president of the senate, two members who are representatives
3469-shall be appointed by the minority leader of the house of
3470-representatives and two members who are senators shall be appointed
3471-by the minority leader of the senate. The speaker of the house of
3472-representatives shall designate a representative member to be
3473-chairperson or vice-chairperson of the committee as provided by this
3474-section. The president of the senate shall designate a senator member to
3475-be chairperson or vice-chairperson of the joint committee as provided
3476-by this section.
6629+3301. (a) There is hereby established a joint committee on Kansas security
6630+which shall consist of five members of the house of representatives and
6631+five members of the senate. Three of the members who are representatives
6632+shall be appointed by the speaker of the house of representatives, three
6633+members who are senators shall be appointed by the president of the
6634+senate, two members who are representatives shall be appointed by the
6635+minority leader of the house of representatives and two members who are
6636+senators shall be appointed by the minority leader of the senate. The
6637+speaker of the house of representatives shall designate a representative
6638+member to be chairperson or vice-chairperson of the committee as
6639+provided by this section. The president of the senate shall designate a
6640+senator member to be chairperson or vice-chairperson of the joint
6641+committee as provided by this section.
34776642 (b) The Kansas bureau of investigation shall conduct a criminal
3478-history record check and background investigation of all committee
3479-staff members of the legislative research department and the office of
3480-the revisor of statutes in accordance with section 3, and amendments
3481-thereto.
3482-(c) A quorum of the joint committee on Kansas security shall be
3483-six. All actions of the committee may be taken by a majority of those
3484-present when there is a quorum. In odd-numbered years the chairperson SENATE BILL No. 491—page 60
3485-of the joint committee shall be the designated member of the house of
3486-representatives from the convening of the regular session in that year
3487-until the convening of the regular session in the next ensuing year. In
3488-even-numbered years the chairperson of the joint committee shall be
3489-the designated member of the senate from the convening of the regular
3490-session of that year until the convening of the regular session of the
3491-next ensuing year. The vice-chairperson vice chairperson shall exercise
3492-all of the powers of the chairperson in the absence of the chairperson.
3493-(d) The joint committee on Kansas security may meet at any time
3494-and at any place within the state on call of the chairperson. Members of
3495-the joint committee shall receive compensation and travel expenses and
6643+history record check and background investigation of all committee staff
6644+members of the legislative research department and the office of the
6645+revisor of statutes in accordance with section 3, and amendments thereto.
6646+(c) A quorum of the joint committee on Kansas security shall be six.
6647+All actions of the committee may be taken by a majority of those present
6648+when there is a quorum. In odd-numbered years the chairperson of the
6649+joint committee shall be the designated member of the house of
6650+representatives from the convening of the regular session in that year until
6651+the convening of the regular session in the next ensuing year. In even-
6652+numbered years the chairperson of the joint committee shall be the
6653+designated member of the senate from the convening of the regular session
6654+of that year until the convening of the regular session of the next ensuing
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6698+year. The vice-chairperson vice chairperson shall exercise all of the
6699+powers of the chairperson in the absence of the chairperson.
6700+(d) The joint committee on Kansas security may meet at any time and
6701+at any place within the state on call of the chairperson. Members of the
6702+joint committee shall receive compensation and travel expenses and
34966703 subsistence expenses or allowances as provided in K.S.A. 75-3212, and
34976704 amendments thereto, when attending meetings of such committee
34986705 authorized by the legislative coordinating council.
34996706 (e) Amounts paid under authority of this section shall be paid from
35006707 appropriations for legislative expense and vouchers therefor shall be
35016708 prepared by the director of legislative administrative services and
35026709 approved by the chairperson or vice-chairperson of the legislative
35036710 coordinating council.
35046711 (f) The joint committee on Kansas security may introduce such
3505-legislation as deemed necessary in performing such committee's
3506-functions.
3507-(g) The joint committee on Kansas security shall have the services
3508-of the legislative research department, the office of the revisor of
3509-statutes and other central legislative staff service agencies.
6712+legislation as deemed necessary in performing such committee's functions.
6713+(g) The joint committee on Kansas security shall have the services of
6714+the legislative research department, the office of the revisor of statutes and
6715+other central legislative staff service agencies.
35106716 (h) The joint committee on Kansas security shall study, monitor,
35116717 review and make recommendations for the following:
35126718 (1) Matters relating to the security of state officers or employees;
3513-(2) security of buildings and property under the ownership or
3514-control of the state of Kansas;
3515-(3) matters relating to the security of a public body or agency,
3516-public building or facility;
6719+(2) security of buildings and property under the ownership or control
6720+of the state of Kansas;
6721+(3) matters relating to the security of a public body or agency, public
6722+building or facility;
35176723 (4) matters relating to the security of the infrastructure of Kansas,
35186724 including any information system; and
3519-(5) measures for the improvement of security for the state of
3520-Kansas.
3521-(i) The joint committee on Kansas security shall review and
3522-monitor federal moneys received by the state for the purposes of
3523-homeland security and other related security matters.
6725+(5) measures for the improvement of security for the state of Kansas.
6726+(i) The joint committee on Kansas security shall review and monitor
6727+federal moneys received by the state for the purposes of homeland security
6728+and other related security matters.
35246729 (j) The joint committee on Kansas security shall report to the
35256730 legislature on or before December 31 each year any findings and
3526-recommendations concerning Kansas security which the joint
3527-committee deems appropriate.
6731+recommendations concerning Kansas security which the joint committee
6732+deems appropriate.
35286733 Sec. 36. K.S.A. 2023 Supp. 50-6,126 is hereby amended to read as
35296734 follows: 50-6,126. (a) There shall be a question on all application and
3530-renewal forms requiring the applicant to answer under oath whether or
3531-not the applicant has been convicted of a felony offense in this state,
3532-another state, or any other place, and the nature of that offense upon
3533-which a conviction was imposed.
6735+renewal forms requiring the applicant to answer under oath whether or not
6736+the applicant has been convicted of a felony offense in this state, another
6737+state, or any other place, and the nature of that offense upon which a
6738+conviction was imposed.
35346739 (b) Conviction of an offense shall not disqualify a person from
3535-registration as a roofing contractor under this act, provided the
3536-applicant has truthfully disclosed the conviction and nature of the
3537-offense.
6740+registration as a roofing contractor under this act, provided the applicant
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6784+has truthfully disclosed the conviction and nature of the offense.
35386785 (c) When deemed appropriate, the attorney general may conduct a
3539-criminal history records search or background check in accordance
3540-with section 3, and amendments thereto, on any applicant or registered
3541-roofing contractor and may investigate the information submitted on a
3542-roofing contractor application or renewal form, provided no adverse
3543-action may be taken against the person until the person has been SENATE BILL No. 491—page 61
3544-notified and given an opportunity to respond in writing.
6786+criminal history records search or background check in accordance with
6787+section 3, and amendments thereto, on any applicant or registered roofing
6788+contractor and may investigate the information submitted on a roofing
6789+contractor application or renewal form, provided no adverse action may be
6790+taken against the person until the person has been notified and given an
6791+opportunity to respond in writing.
35456792 Sec. 37. K.S.A. 2023 Supp. 50-1128 is hereby amended to read as
3546-follows: 50-1128. This act shall be administered by the commissioner.
3547-In addition to other powers granted by this act, the commissioner,
3548-within the limitations provided by law, may exercise the following
3549-powers:
6793+follows: 50-1128. This act shall be administered by the commissioner. In
6794+addition to other powers granted by this act, the commissioner, within the
6795+limitations provided by law, may exercise the following powers:
35506796 (a) Adopt, amend and revoke rules and regulations as necessary to
35516797 carry out the intent and purpose of this act.
3552-(b) Make any investigation and examination of the operations,
3553-books and records of a credit services organization, as the
3554-commissioner deems necessary to aid in the enforcement of this act.
6798+(b) Make any investigation and examination of the operations, books
6799+and records of a credit services organization, as the commissioner deems
6800+necessary to aid in the enforcement of this act.
35556801 (1) The commissioner, or the commissioner's designee, shall have
3556-free and reasonable access to the offices, places of business and all
3557-records of the licensee that relate to the debt management or credit
3558-services organization business. The commissioner may designate
3559-persons, including comparable officials of the state in which the records
3560-are located, to inspect the records on the commissioner's behalf.
3561-(2) The commissioner may charge reasonable costs of
3562-investigation, examination and administration of this act, to be paid by
3563-the applicant or licensee, in such amounts as the commissioner may
3564-determine to be sufficient to meet the budget requirements of the
3565-commissioner for each fiscal year. The commissioner may maintain an
3566-action in any court to recover such costs.
3567-(c) To order any licensee or person to cease any activity or
3568-practice which the commissioner deems to be deceptive, dishonest, or a
3569-violation of this act, or of other state or federal law, or unduly harmful
3570-to the interests of the public.
3571-(d) (1) Exchange any information regarding the administration of
3572-this act with any agency of the United States or any state which
3573-regulates the applicant or licensee or administers statutes, rules and
3574-regulations or programs related to debt management or credit services
3575-organization laws.
3576-(2) Examination reports and correspondence regarding such
3577-reports made by the commissioner or the commissioner's designees
3578-shall be confidential. The commissioner may release examination
3579-reports and correspondence regarding the reports in connection with a
3580-disciplinary proceeding conducted by the commissioner, a liquidation
3581-proceeding or a criminal investigation or proceeding. Additionally, the
3582-commissioner may furnish to federal or other state regulatory agencies
3583-or any officer or examiner thereof, a copy of any or all examination
3584-reports and correspondence regarding the reports made by the
3585-commissioner or the commissioner's designees.
6802+free and reasonable access to the offices, places of business and all records
6803+of the licensee that relate to the debt management or credit services
6804+organization business. The commissioner may designate persons,
6805+including comparable officials of the state in which the records are located,
6806+to inspect the records on the commissioner's behalf.
6807+(2) The commissioner may charge reasonable costs of investigation,
6808+examination and administration of this act, to be paid by the applicant or
6809+licensee, in such amounts as the commissioner may determine to be
6810+sufficient to meet the budget requirements of the commissioner for each
6811+fiscal year. The commissioner may maintain an action in any court to
6812+recover such costs.
6813+(c) To order any licensee or person to cease any activity or practice
6814+which the commissioner deems to be deceptive, dishonest, or a violation of
6815+this act, or of other state or federal law, or unduly harmful to the interests
6816+of the public.
6817+(d) (1) Exchange any information regarding the administration of this
6818+act with any agency of the United States or any state which regulates the
6819+applicant or licensee or administers statutes, rules and regulations or
6820+programs related to debt management or credit services organization laws.
6821+(2) Examination reports and correspondence regarding such reports
6822+made by the commissioner or the commissioner's designees shall be
6823+confidential. The commissioner may release examination reports and
6824+correspondence regarding the reports in connection with a disciplinary
6825+proceeding conducted by the commissioner, a liquidation proceeding or a
6826+criminal investigation or proceeding. Additionally, the commissioner may
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6870+furnish to federal or other state regulatory agencies or any officer or
6871+examiner thereof, a copy of any or all examination reports and
6872+correspondence regarding the reports made by the commissioner or the
6873+commissioner's designees.
35866874 (e) Disclose to any person or entity that an applicant's or licensee's
35876875 application or license has been denied, suspended, revoked or refused
35886876 renewal.
35896877 (f) Require or permit any person to file a written statement, under
3590-oath or otherwise as the commissioner may direct, setting forth all the
3591-facts and circumstances concerning any apparent violation of this act,
3592-any rule and regulation promulgated hereunder, or any order issued
3593-pursuant to this act.
6878+oath or otherwise as the commissioner may direct, setting forth all the facts
6879+and circumstances concerning any apparent violation of this act, any rule
6880+and regulation promulgated hereunder, or any order issued pursuant to this
6881+act.
35946882 (g) Receive, as a condition in settlement of any investigation or
35956883 examination, a payment designated for consumer education to be
35966884 expended for such purpose as directed by the commissioner.
35976885 (h) Delegate the authority to sign any orders, official documents or
35986886 papers issued under or related to this act to the deputy of consumer and
35996887 mortgage lending in the office of the state bank commissioner.
3600-(i) Require fingerprinting of any licensee, agent acting on behalf
3601-of a licensee or other person as deemed appropriate by the
3602-commissioner, or the commissioner's designee in accordance with SENATE BILL No. 491—page 62
3603-section 2, and amendments thereto. The commissioner, or
3604-commissioner's designee, may submit such fingerprints to the Kansas
3605-bureau of investigation, federal bureau of investigation or other law
3606-enforcement agency for the purposes of verifying the identity of such
3607-persons and obtaining records of their criminal arrests and convictions.
3608-For purposes of this section and in order to reduce the points of contact
3609-that the federal bureau of investigation may have to maintain with the
3610-individual states, the commissioner may use the nationwide mortgage
3611-licensing system and registry as a channeling agent for requesting
3612-information from and distributing information to the department of
3613-justice or any governmental agency.
6888+(i) Require fingerprinting of any licensee, agent acting on behalf of a
6889+licensee or other person as deemed appropriate by the commissioner, or
6890+the commissioner's designee in accordance with section 2, and
6891+amendments thereto. The commissioner, or commissioner's designee, may
6892+submit such fingerprints to the Kansas bureau of investigation, federal
6893+bureau of investigation or other law enforcement agency for the purposes
6894+of verifying the identity of such persons and obtaining records of their
6895+criminal arrests and convictions. For purposes of this section and in order
6896+to reduce the points of contact that the federal bureau of investigation may
6897+have to maintain with the individual states, the commissioner may use the
6898+nationwide mortgage licensing system and registry as a channeling agent
6899+for requesting information from and distributing information to the
6900+department of justice or any governmental agency.
36146901 (j) Use the nationwide mortgage licensing system and registry as a
36156902 channeling agent for requesting and distributing information regarding
3616-credit services organization licensing to and from any source so
3617-directed by the commissioner.
3618-(k) Establish relationships or contracts with the nationwide
3619-mortgage licensing system and registry or other entities to collect and
3620-maintain records and process transaction fees or other fees related to
3621-applicants, licensees or other persons subject to this act, and to take
3622-other such actions as may be reasonably necessary to participate in the
3623-nationwide mortgage licensing system and registry.
6903+credit services organization licensing to and from any source so directed
6904+by the commissioner.
6905+(k) Establish relationships or contracts with the nationwide mortgage
6906+licensing system and registry or other entities to collect and maintain
6907+records and process transaction fees or other fees related to applicants,
6908+licensees or other persons subject to this act, and to take other such actions
6909+as may be reasonably necessary to participate in the nationwide mortgage
6910+licensing system and registry.
36246911 (l) Charge, establish and collect from licensees such fees as are
3625-necessary and in such amounts as the commissioner may determine to
3626-be sufficient to meet the expense requirements of the commissioner in
6912+necessary and in such amounts as the commissioner may determine to be
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6956+sufficient to meet the expense requirements of the commissioner in
36276957 administering this act.
36286958 (m) Seize and distribute a licensee's trust account funds to protect
36296959 consumers and the public interest.
3630-(n) For the purpose of any examination, investigation or
3631-proceeding under this act, the commissioner or the commissioner's
3632-designee may administer oaths and affirmations, subpoena witnesses,
3633-compel such witnesses' attendance, adduce evidence and require the
3634-production of any matter which is relevant to the examination or
3635-investigation, including the existence, description, nature, custody,
3636-condition and location of any books, documents or other tangible things
3637-and the identity and location of persons having knowledge of relevant
3638-facts, or any other matter reasonably calculated to lead to the discovery
3639-of relevant information or items.
3640-(o) To enter into any informal agreement with any person for a
3641-plan of action to address violations of this act. The adoption of an
3642-informal agreement authorized by this subsection shall not be subject to
3643-the provisions of the Kansas administrative procedure act or the Kansas
3644-judicial review act. Any informal agreement authorized by this
3645-subsection shall not be considered an order or other agency action, and
3646-shall be considered confidential examination material pursuant to
3647-K.S.A. 50-1128(d), and amendments thereto. All such examination
3648-material shall be confidential by law and privileged, shall not be subject
3649-to the open records act, shall not be subject to subpoena and shall not
3650-be subject to discovery or admissible in evidence in any private civil
3651-action.
6960+(n) For the purpose of any examination, investigation or proceeding
6961+under this act, the commissioner or the commissioner's designee may
6962+administer oaths and affirmations, subpoena witnesses, compel such
6963+witnesses' attendance, adduce evidence and require the production of any
6964+matter which is relevant to the examination or investigation, including the
6965+existence, description, nature, custody, condition and location of any
6966+books, documents or other tangible things and the identity and location of
6967+persons having knowledge of relevant facts, or any other matter reasonably
6968+calculated to lead to the discovery of relevant information or items.
6969+(o) To enter into any informal agreement with any person for a plan
6970+of action to address violations of this act. The adoption of an informal
6971+agreement authorized by this subsection shall not be subject to the
6972+provisions of the Kansas administrative procedure act or the Kansas
6973+judicial review act. Any informal agreement authorized by this subsection
6974+shall not be considered an order or other agency action, and shall be
6975+considered confidential examination material pursuant to K.S.A. 50-
6976+1128(d), and amendments thereto. All such examination material shall be
6977+confidential by law and privileged, shall not be subject to the open records
6978+act, shall not be subject to subpoena and shall not be subject to discovery
6979+or admissible in evidence in any private civil action.
36526980 (p) Issue, amend and revoke written administrative guidance
36536981 documents in accordance with the applicable provisions of the Kansas
36546982 administrative procedure act.
36556983 Sec. 38. K.S.A. 2023 Supp. 58-3035 is hereby amended to read as
36566984 follows: 58-3035. As used in this act, unless the context otherwise
36576985 requires:
3658-(a) "Act" means the real estate brokers' and salespersons' license
3659-act.
3660-(b) "Advance listing fee" means any fee charged for services
3661-related to promoting the sale or lease of real estate and paid in advance SENATE BILL No. 491—page 63
3662-of the rendering of such services, including any fees charged for listing,
3663-advertising or offering for sale or lease any real estate, but excluding
3664-any fees paid solely for advertisement or for listing in a publication
3665-issued for the sole purpose of promoting the sale or lease of real estate
3666-wherein inquiries are directed to the owner of the real estate or to real
3667-estate brokers and not to unlicensed persons who publish the listing.
3668-(c) "Associate broker" means an individual who has a broker's
3669-license and who is employed by another broker or is associated with
3670-another broker as an independent contractor and participates in any
3671-activity described in subsection (f).
3672-(d) "Branch broker" means an individual who has a broker's
3673-license and who has been designated to supervise a branch office and
3674-the activities of salespersons and associate brokers assigned to the
3675-branch office.
3676-(e) "Branch office" means a place of business other than the
3677-principal place of business of a broker.
6986+(a) "Act" means the real estate brokers' and salespersons' license act.
6987+(b) "Advance listing fee" means any fee charged for services related
6988+to promoting the sale or lease of real estate and paid in advance of the
6989+rendering of such services, including any fees charged for listing,
6990+advertising or offering for sale or lease any real estate, but excluding any
6991+fees paid solely for advertisement or for listing in a publication issued for
6992+the sole purpose of promoting the sale or lease of real estate wherein
6993+inquiries are directed to the owner of the real estate or to real estate
6994+brokers and not to unlicensed persons who publish the listing.
6995+(c) "Associate broker" means an individual who has a broker's license
6996+and who is employed by another broker or is associated with another
6997+broker as an independent contractor and participates in any activity
6998+described in subsection (f).
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7042+(d) "Branch broker" means an individual who has a broker's license
7043+and who has been designated to supervise a branch office and the activities
7044+of salespersons and associate brokers assigned to the branch office.
7045+(e) "Branch office" means a place of business other than the principal
7046+place of business of a broker.
36787047 (f) "Broker" means an individual, other than a salesperson, who
36797048 advertises or represents that such individual engages in the business of
36807049 buying, selling, exchanging or leasing real estate or who, for
3681-compensation, engages in any of the following activities as an
3682-employee of, or on behalf of, the owner, purchaser, lessor or lessee of
3683-real estate:
7050+compensation, engages in any of the following activities as an employee
7051+of, or on behalf of, the owner, purchaser, lessor or lessee of real estate:
36847052 (1) Sells, exchanges, purchases or leases real estate.
36857053 (2) Offers to sell, exchange, purchase or lease real estate.
36867054 (3) Negotiates or offers, attempts or agrees to negotiate the sale,
36877055 exchange, purchase or leasing of real estate.
3688-(4) Lists or offers, attempts or agrees to list real estate for sale,
3689-lease or exchange.
7056+(4) Lists or offers, attempts or agrees to list real estate for sale, lease
7057+or exchange.
36907058 (5) Auctions or offers, attempts or agrees to auction real estate or
36917059 assists an auctioneer by procuring bids at a real estate auction.
3692-(6) Buys, sells, offers to buy or sell or otherwise deals in options
3693-on real estate.
3694-(7) Assists or directs in the procuring of prospects calculated to
3695-result in the sale, exchange or lease of real estate.
3696-(8) Assists in or directs the negotiation of any transaction
3697-calculated or intended to result in the sale, exchange or lease of real
3698-estate.
7060+(6) Buys, sells, offers to buy or sell or otherwise deals in options on
7061+real estate.
7062+(7) Assists or directs in the procuring of prospects calculated to result
7063+in the sale, exchange or lease of real estate.
7064+(8) Assists in or directs the negotiation of any transaction calculated
7065+or intended to result in the sale, exchange or lease of real estate.
36997066 (9) Engages in the business of charging an advance listing fee.
3700-(10) Provides lists of real estate as being available for sale or
3701-lease, other than lists provided for the sole purpose of promoting the
3702-sale or lease of real estate wherein inquiries are directed to the owner of
3703-the real estate or to real estate brokers and not to unlicensed persons
3704-who publish the list.
7067+(10) Provides lists of real estate as being available for sale or lease,
7068+other than lists provided for the sole purpose of promoting the sale or lease
7069+of real estate wherein inquiries are directed to the owner of the real estate
7070+or to real estate brokers and not to unlicensed persons who publish the list.
37057071 (g) "Commission" means the Kansas real estate commission.
37067072 (h) "Exchange" means a type of sale or purchase of real estate.
37077073 (i) "Interest" means: (1) Having any type of ownership in the real
37087074 estate involved in the transaction; or (2) an officer, member, partner or
37097075 shareholder of any entity that owns such real estate excluding an
37107076 ownership interest of less than 5% in a publicly traded entity.
37117077 (j) "Lease" means rent or lease for nonresidential use.
3712-(k) "Licensee" means any person licensed under this act as a
3713-broker or salesperson.
7078+(k) "Licensee" means any person licensed under this act as a broker
7079+or salesperson.
37147080 (l) (1) "Office" means any permanent location where one or more
3715-licensees regularly conduct real estate business as described in
3716-subsection (f) or a location that is held out as an office.
7081+licensees regularly conduct real estate business as described in subsection
7082+(f) or a location that is held out as an office.
37177083 (2) "Office" does not mean a model home office in a new home
3718-subdivision if the real estate transaction files are maintained in the
3719-primary office or branch office.
3720-(m) "Primary office" means a supervising broker's principal place SENATE BILL No. 491—page 64
3721-of business for each company created or established by the broker.
3722-(n) "Real estate" means any interest or estate in land, including
3723-any leasehold or condominium, whether corporeal, incorporeal,
3724-freehold or nonfreehold and whether the real estate is situated in this
3725-state or elsewhere, but does not include oil and gas leases, royalties and
3726-other mineral interests, and rights of way and easements acquired for
3727-the purpose of constructing roadways, pipelines, conduits, wires and
3728-facilities related to these types of improvement projects for private and
3729-public utilities, municipalities, federal and state governments, or any
3730-political subdivision. For purpose of this act, any rights of redemption
3731-are considered to be an interest in real estate.
3732-(o) "Salesperson" means an individual, other than an associate
3733-broker, who is employed by a broker or is associated with a broker as
3734-an independent contractor and participates in any activity described in
7084+subdivision if the real estate transaction files are maintained in the primary
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7128+office or branch office.
7129+(m) "Primary office" means a supervising broker's principal place of
7130+business for each company created or established by the broker.
7131+(n) "Real estate" means any interest or estate in land, including any
7132+leasehold or condominium, whether corporeal, incorporeal, freehold or
7133+nonfreehold and whether the real estate is situated in this state or
7134+elsewhere, but does not include oil and gas leases, royalties and other
7135+mineral interests, and rights of way and easements acquired for the
7136+purpose of constructing roadways, pipelines, conduits, wires and facilities
7137+related to these types of improvement projects for private and public
7138+utilities, municipalities, federal and state governments, or any political
7139+subdivision. For purpose of this act, any rights of redemption are
7140+considered to be an interest in real estate.
7141+(o) "Salesperson" means an individual, other than an associate broker,
7142+who is employed by a broker or is associated with a broker as an
7143+independent contractor and participates in any activity described in
37357144 subsection (f).
37367145 (p) "Supervising broker" means an individual, other than a branch
37377146 broker, who has a broker's license and who has been designated as the
37387147 broker who is responsible for the supervision of the primary office of a
37397148 broker and the activities of salespersons and associate brokers who are
3740-assigned to such office and all of whom are licensed pursuant to
3741-subsection (b) of K.S.A. 58-3042(b), and amendments thereto.
3742-"Supervising broker" also means includes a broker who operates a sole
3743-proprietorship and with whom associate brokers or salespersons are
3744-affiliated as employees or independent contractors.
7149+assigned to such office and all of whom are licensed pursuant to subsection
7150+(b) of K.S.A. 58-3042(b), and amendments thereto. "Supervising broker"
7151+also means includes a broker who operates a sole proprietorship and with
7152+whom associate brokers or salespersons are affiliated as employees or
7153+independent contractors.
37457154 (q) "Applicant" means an individual who has applied or intends to
37467155 apply for licensure under this act as a broker or salesperson.
37477156 Sec. 39. K.S.A. 2023 Supp. 58-3039 is hereby amended to read as
3748-follows: 58-3039. (a) Any person desiring to act as a broker or
3749-salesperson must shall file an application for a license with the
3750-commission or, if required by the commission, with the testing service
3751-designated by the commission. The application shall be in such form
3752-and detail as the commission shall prescribe. The commission may
3753-require any portion of the application to be submitted electronically.
3754-(1) Any applicant who qualifies for licensure as a salesperson
3755-shall submit the application accompanied by evidence of compliance
3756-with K.S.A. 58-3046a(a) and (c), and amendments thereto.
3757-(2) Any applicant who qualifies for licensure as a broker shall
7157+follows: 58-3039. (a) Any person desiring to act as a broker or salesperson
7158+must shall file an application for a license with the commission or, if
7159+required by the commission, with the testing service designated by the
7160+commission. The application shall be in such form and detail as the
7161+commission shall prescribe. The commission may require any portion of
7162+the application to be submitted electronically.
7163+(1) Any applicant who qualifies for licensure as a salesperson shall
37587164 submit the application accompanied by evidence of compliance with
3759-K.S.A. 58-3046a(b) and (d), and amendments thereto.
7165+K.S.A. 58-3046a(a) and (c), and amendments thereto.
7166+(2) Any applicant who qualifies for licensure as a broker shall submit
7167+the application accompanied by evidence of compliance with K.S.A. 58-
7168+3046a(b) and (d), and amendments thereto.
37607169 (3) All applicants shall submit the application and license fees as
37617170 prescribed by K.S.A. 58-3063, and amendments thereto.
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37627214 (b) (1) As part of an application for an original license or in
37637215 connection with any investigation of any holder of a license, the
3764-commission shall require a person to be fingerprinted and submit to a
3765-state and national criminal history record check in accordance with
3766-section 2, and amendments thereto. The fingerprints shall be used to
3767-identify the person and to determine whether the person has a record of
3768-criminal history in this state or other jurisdiction. The commission shall
3769-require the applicant to submit the fingerprints to the Kansas bureau of
3770-investigation and the federal bureau of investigation for a state and
3771-national criminal history record check in the manner designated by the
3772-Kansas bureau of investigation. The commission shall use the
3773-information obtained from fingerprinting and the criminal history for
3774-purposes of verifying the identification of the person and in the official
3775-determination of the qualifications and fitness of the person to be
3776-issued or to maintain a license.
3777-(2) Local and state law enforcement officers and agencies shall
3778-assist the commission in taking and processing fingerprints of
3779-applicants for and holders of any license and shall release all records of SENATE BILL No. 491—page 65
3780-adult convictions to the commission.
3781-(3) The commission may fix and collect a fee in an amount
3782-necessary to reimburse the commission for the cost of fingerprinting
3783-and the criminal history record check. Such fee shall be established by
3784-rule and regulation in accordance with K.S.A. 58-3063, and
3785-amendments thereto. Any moneys collected under this subsection shall
3786-be deposited in the state treasury and credited to the background
3787-investigation fee fund.
3788-(c) A license to engage in business as a broker or salesperson shall
3789-be granted only to a person who is 18 or more years of age and who has
3790-a high school diploma or its equivalent.
7216+commission shall require a person to be fingerprinted and submit to a state
7217+and national criminal history record check in accordance with section 2,
7218+and amendments thereto. The fingerprints shall be used to identify the
7219+person and to determine whether the person has a record of criminal
7220+history in this state or other jurisdiction. The commission shall require the
7221+applicant to submit the fingerprints to the Kansas bureau of investigation
7222+and the federal bureau of investigation for a state and national criminal
7223+history record check in the manner designated by the Kansas bureau of
7224+investigation. The commission shall use the information obtained from
7225+fingerprinting and the criminal history for purposes of verifying the
7226+identification of the person and in the official determination of the
7227+qualifications and fitness of the person to be issued or to maintain a
7228+license.
7229+(2) Local and state law enforcement officers and agencies shall assist
7230+the commission in taking and processing fingerprints of applicants for and
7231+holders of any license and shall release all records of adult convictions to
7232+the commission.
7233+(3) The commission may fix and collect a fee in an amount necessary
7234+to reimburse the commission for the cost of fingerprinting and the criminal
7235+history record check. Such fee shall be established by rule and regulation
7236+in accordance with K.S.A. 58-3063, and amendments thereto. Any moneys
7237+collected under this subsection shall be deposited in the state treasury and
7238+credited to the background investigation fee fund.
7239+(c) A license to engage in business as a broker or salesperson shall be
7240+granted only to a person who is 18 or more years of age and who has a
7241+high school diploma or its equivalent.
37917242 (d) (1) In addition to the requirements of subsection (c), except as
37927243 provided in subsection (e), each applicant for an original license as a
37937244 broker shall have been licensed as a salesperson in this state or as a
37947245 salesperson or broker in another state, and shall have been actively
37957246 engaged in any of the activities described in K.S.A. 58-3035(f), and
37967247 amendments thereto, for a period of at least two years during the three
37977248 years immediately preceding the date of the application for a license.
37987249 (2) The commission may adopt rules and regulations to implement
37997250 the provisions of this subsection.
3800-(e) The commission may accept proof of experience in the real
3801-estate or a related business or a combination of such experience and
3802-education which the commission believes qualifies the applicant to act
3803-as a broker as being equivalent to all or part of the experience required
3804-by subsection (d).
3805-(f) Each applicant for an original license shall be required to pass
3806-an examination covering the subject matter which brokers or
3807-salespersons generally confront while conducting activities that require
3808-a real estate license. The examination shall consist of a general portion
3809-that tests the applicant's knowledge of real estate matters that have
3810-general application. The state portion of the examination shall test the
3811-applicant's knowledge of real estate subject matter applicable to a
3812-specific jurisdiction.
3813-(1) Except as provided in K.S.A. 58-3040, and amendments
3814-thereto, each applicant for an original license shall be required to pass
3815-the general or national portion of the examination.
3816-(2) Each applicant for an original license shall be required to pass
3817-the Kansas state portion of the examination.
3818-(3) No license shall be issued on the basis of an examination if
3819-either or both portions of the examination were administered more than
3820-six months prior to the date that the applicant's application is received
3821-by the commission. The examination may be given by the commission
3822-or testing service designated by the commission. Each person taking the
3823-examination shall pay the examination fee prescribed pursuant to
3824-K.S.A. 58-3063, and amendments thereto, which fee the commission
3825-may require to be paid to it or directly to the testing service designated
3826-by the commission. The examination for a broker's license shall be
3827-different from or in addition to that for a salesperson's license.
7251+(e) The commission may accept proof of experience in the real estate
7252+or a related business or a combination of such experience and education
7253+which the commission believes qualifies the applicant to act as a broker as
7254+being equivalent to all or part of the experience required by subsection (d).
7255+(f) Each applicant for an original license shall be required to pass an
7256+examination covering the subject matter which brokers or salespersons
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7300+generally confront while conducting activities that require a real estate
7301+license. The examination shall consist of a general portion that tests the
7302+applicant's knowledge of real estate matters that have general application.
7303+The state portion of the examination shall test the applicant's knowledge of
7304+real estate subject matter applicable to a specific jurisdiction.
7305+(1) Except as provided in K.S.A. 58-3040, and amendments thereto,
7306+each applicant for an original license shall be required to pass the general
7307+or national portion of the examination.
7308+(2) Each applicant for an original license shall be required to pass the
7309+Kansas state portion of the examination.
7310+(3) No license shall be issued on the basis of an examination if either
7311+or both portions of the examination were administered more than six
7312+months prior to the date that the applicant's application is received by the
7313+commission. The examination may be given by the commission or testing
7314+service designated by the commission. Each person taking the examination
7315+shall pay the examination fee prescribed pursuant to K.S.A. 58-3063, and
7316+amendments thereto, which fee the commission may require to be paid to
7317+it or directly to the testing service designated by the commission. The
7318+examination for a broker's license shall be different from or in addition to
7319+that for a salesperson's license.
38287320 (g) The commission, prior to granting an original license, shall
38297321 require proof that the applicant has a good reputation for honesty,
38307322 trustworthiness, integrity and competence to transact the business of a
3831-broker or salesperson in such manner as to safeguard the public
3832-interest.
3833-(h) An application for an original license as a salesperson or
3834-associate broker shall be accompanied by the recommendation of the
3835-supervising broker or branch broker with whom the salesperson or
3836-associate broker is to be associated, or by whom the salesperson or
3837-associate broker is to be employed, certifying that the applicant is
3838-honest, trustworthy and of good reputation. SENATE BILL No. 491—page 66
7323+broker or salesperson in such manner as to safeguard the public interest.
7324+(h) An application for an original license as a salesperson or associate
7325+broker shall be accompanied by the recommendation of the supervising
7326+broker or branch broker with whom the salesperson or associate broker is
7327+to be associated, or by whom the salesperson or associate broker is to be
7328+employed, certifying that the applicant is honest, trustworthy and of good
7329+reputation.
38397330 Sec. 40. K.S.A. 2023 Supp. 58-4102 is hereby amended to read as
38407331 follows: 58-4102. As used in this act:
3841-(a) "Appraisal" or "real estate appraisal" means an analysis,
3842-opinion or conclusion prepared by a real estate appraiser relating to the
3843-nature, quality, value or utility of specified interests in, or aspects of,
3844-identified real estate. An appraisal may be classified by subject matter
3845-into either a valuation or an analysis. A valuation is an estimate of the
3846-value of real estate or real property. An analysis is a study of real estate
3847-or real property other than estimating value.
7332+(a) "Appraisal" or "real estate appraisal" means an analysis, opinion
7333+or conclusion prepared by a real estate appraiser relating to the nature,
7334+quality, value or utility of specified interests in, or aspects of, identified
7335+real estate. An appraisal may be classified by subject matter into either a
7336+valuation or an analysis. A valuation is an estimate of the value of real
7337+estate or real property. An analysis is a study of real estate or real property
7338+other than estimating value.
38487339 (b) "Appraisal assignment" means an engagement for which an
38497340 appraiser is employed or retained to act, or would be perceived by third
38507341 parties or the public as acting, as a disinterested party in rendering an
38517342 unbiased analysis, opinion or conclusion relating to the nature, quality,
3852-value or utility of specified interests in, or aspects of, identified real
3853-estate.
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7386+value or utility of specified interests in, or aspects of, identified real estate.
38547387 (c) "Broker's price opinion" and "comparative market analysis"
38557388 means an analysis, opinion or conclusion prepared by an individual
3856-licensed as a real estate broker or salesperson pursuant to K.S.A. 58-
3857-3034 et seq., and amendments thereto, relating to the price of specified
3858-interests in or aspects of identified real estate property that is provided
3859-to a potential customer, client or third party in the ordinary course of
3860-business.
3861-(d) "Board" means the real estate appraisal board established
3862-pursuant to the provisions of this act.
3863-(e) "Federal law" means title XI of the financial institutions
3864-reform, recovery and enforcement act of 1989 (12 U.S.C. § 3331 et
3865-seq.) and any other federal law, and any regulations adopted pursuant
3866-thereto.
7389+licensed as a real estate broker or salesperson pursuant to K.S.A. 58-3034
7390+et seq., and amendments thereto, relating to the price of specified interests
7391+in or aspects of identified real estate property that is provided to a potential
7392+customer, client or third party in the ordinary course of business.
7393+(d) "Board" means the real estate appraisal board established pursuant
7394+to the provisions of this act.
7395+(e) "Federal law" means title XI of the financial institutions reform,
7396+recovery and enforcement act of 1989 (12 U.S.C. § 3331 et seq.) and any
7397+other federal law, and any regulations adopted pursuant thereto.
38677398 (f) "Federally related transaction" means any real estate-related
3868-financial transaction which: (1) A federal financial institutions
3869-regulatory agency or the resolution trust corporation engages in,
3870-contracts for or regulates; and (2) requires the services of an appraiser.
3871-(g) "Licensee" means an individual who has submitted an
3872-application for an original license or certificate, licensure by
3873-reciprocity or endorsement or renewal of a license or certification or a
3874-person who is currently licensed or certified under this act.
3875-(h) "Real estate" means an identified parcel or tract of land,
3876-including improvements, if any.
7399+financial transaction which: (1) A federal financial institutions regulatory
7400+agency or the resolution trust corporation engages in, contracts for or
7401+regulates; and (2) requires the services of an appraiser.
7402+(g) "Licensee" means an individual who has submitted an application
7403+for an original license or certificate, licensure by reciprocity or
7404+endorsement or renewal of a license or certification or a person who is
7405+currently licensed or certified under this act.
7406+(h) "Real estate" means an identified parcel or tract of land, including
7407+improvements, if any.
38777408 (h)(i) "Real estate appraisal organization" means any nationally
38787409 recognized organization of professional appraisers.
3879-(i)(j) "Real estate-related financial transaction" means any
3880-transaction involving: (1) The sale, lease, purchase, investment in or
3881-exchange of real property, including interests in property or the
3882-financing thereof; (2) the refinancing of real property or interests in real
3883-property; (3) the use of real property or interests in property as security
3884-for a loan or investment, including mortgage-backed securities; or (4) a
3885-federally related transaction.
3886-(j)(k) "Real property" means one or more defined interests,
3887-benefits and rights inherent in the ownership of real estate.
3888-(k)(l) "Specialized services" means those appraisal services which
3889-do not fall within the definition of appraisal assignment. Specified
3890-services may include valuation work and analysis work. Regardless of
3891-the intention of the client or employer, if the appraiser would be
3892-perceived by third parties or the public as acting as a disinterested party
3893-in rendering an unbiased analysis, opinion or conclusion, the work is
3894-classified as an appraisal assignment and not specialized services.
3895-(l)(m) A "state certified appraiser" means a person who develops
3896-and communicates real estate appraisals and who holds a current, valid
3897-certificate issued to such person under the provisions of this act. SENATE BILL No. 491—page 67
3898-(m)(n) A "state licensed appraiser" means a person who develops
3899-and communicates real estate appraisals and holds a current, valid
3900-license issued to such person under the provisions of this act.
7410+(i)(j) "Real estate-related financial transaction" means any transaction
7411+involving: (1) The sale, lease, purchase, investment in or exchange of real
7412+property, including interests in property or the financing thereof; (2) the
7413+refinancing of real property or interests in real property; (3) the use of real
7414+property or interests in property as security for a loan or investment,
7415+including mortgage-backed securities; or (4) a federally related
7416+transaction.
7417+(j)(k) "Real property" means one or more defined interests, benefits
7418+and rights inherent in the ownership of real estate.
7419+(k)(l) "Specialized services" means those appraisal services which do
7420+not fall within the definition of appraisal assignment. Specified services
7421+may include valuation work and analysis work. Regardless of the intention
7422+of the client or employer, if the appraiser would be perceived by third
7423+parties or the public as acting as a disinterested party in rendering an
7424+unbiased analysis, opinion or conclusion, the work is classified as an
7425+appraisal assignment and not specialized services.
7426+(l)(m) A "state certified appraiser" means a person who develops and
7427+communicates real estate appraisals and who holds a current, valid
7428+certificate issued to such person under the provisions of this act.
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7472+(m)(n) A "state licensed appraiser" means a person who develops and
7473+communicates real estate appraisals and holds a current, valid license
7474+issued to such person under the provisions of this act.
39017475 (n)(o) "Written appraisal" means a written statement used in
39027476 connection with a real estate-related financial transaction that is
3903-independently and impartially prepared by a licensed or certified
3904-appraiser setting forth an opinion of defined value of an adequately
3905-described property as of a specific date, supported by presentation and
3906-analysis of relevant market information.
3907-(o)(p) "Appraiser" means a person who develops and
3908-communicates real estate appraisals for real estate-related financial
3909-transactions and holds a current valid certification or license issued to
3910-such person under the provisions of K.S.A. 58-4101 et seq., and
3911-amendments thereto.
7477+independently and impartially prepared by a licensed or certified appraiser
7478+setting forth an opinion of defined value of an adequately described
7479+property as of a specific date, supported by presentation and analysis of
7480+relevant market information.
7481+(o)(p) "Appraiser" means a person who develops and communicates
7482+real estate appraisals for real estate-related financial transactions and holds
7483+a current valid certification or license issued to such person under the
7484+provisions of K.S.A. 58-4101 et seq., and amendments thereto.
39127485 Sec. 41. K.S.A. 2023 Supp. 58-4127 is hereby amended to read as
39137486 follows: 58-4127. (a) The real estate appraisal board may require the
3914-following individuals a licensee to be fingerprinted and submit to a
3915-state and national criminal history record check:
7487+following individuals a licensee to be fingerprinted and submit to a state
7488+and national criminal history record check:
39167489 (1) An individual applying for: (A) An original license or
3917-certification; (B) licensure by reciprocity or endorsement; or (C)
3918-renewal of a license or certification; or
7490+certification; (B) licensure by reciprocity or endorsement; or (C) renewal
7491+of a license or certification; or
39197492 (2) a currently licensed or certified individual, if necessary, to
39207493 investigate a complaint or if required by the appraisal subcommittee in
39217494 accordance with section 2, and amendments thereto.
39227495 (b) The fingerprints shall be used to identify the individual and to
39237496 determine whether the individual has a record of criminal history in this
39247497 state or other jurisdiction. The board is authorized to submit the
3925-fingerprints to the Kansas bureau of investigation and the federal
3926-bureau of investigation for a state and national criminal history record
3927-check. The board may use the information obtained from the
3928-fingerprinting and the individual's criminal history for purposes of
3929-verifying the identification of any individual and in the official
3930-determination of the qualifications and fitness of the individual to be
3931-issued, to maintain or to renew a license or certification.
3932-(c) Local and state law enforcement officers and agencies shall
3933-assist the board in taking and processing fingerprints of individuals as
3934-required by this section and shall release all records of adult
3935-convictions to the board. Local law enforcement officers and agencies
3936-may charge a fee as reimbursement for expenses incurred in taking and
3937-processing fingerprints under this section.
7498+fingerprints to the Kansas bureau of investigation and the federal bureau of
7499+investigation for a state and national criminal history record check. The
7500+board may use the information obtained from the fingerprinting and the
7501+individual's criminal history for purposes of verifying the identification of
7502+any individual and in the official determination of the qualifications and
7503+fitness of the individual to be issued, to maintain or to renew a license or
7504+certification.
7505+(c) Local and state law enforcement officers and agencies shall assist
7506+the board in taking and processing fingerprints of individuals as required
7507+by this section and shall release all records of adult convictions to the
7508+board. Local law enforcement officers and agencies may charge a fee as
7509+reimbursement for expenses incurred in taking and processing fingerprints
7510+under this section.
39387511 (d) The board may fix and collect a fee in an amount necessary to
3939-reimburse the board for the cost of fingerprinting and the criminal
3940-history record check. The board is hereby authorized to adopt rules and
7512+reimburse the board for the cost of fingerprinting and the criminal history
7513+record check. The board is hereby authorized to adopt rules and
39417514 regulations pertaining to such fee.
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39427558 (e)(c) This section shall be a part of and supplemental to the state
39437559 certified and licensed real property appraisers act.
39447560 Sec. 42. K.S.A. 2023 Supp. 58-4703 is hereby amended to read as
39457561 follows: 58-4703. As used in this act:
39467562 (a) "Applicant" means a person who has submitted an original
39477563 application for or an application for renewal of a credential under this
39487564 act.
39497565 (b) "Appraisal" has the meaning specified in K.S.A. 58-4102, and
39507566 amendments thereto.
39517567 (b)(c) "Appraisal management company" or "AMC" means an
39527568 individual, firm, partnership, association, corporation, limited liability
39537569 company or any other business entity acting as an external third party
3954-authorized either by a creditor of a consumer credit transaction secured
3955-by a consumer's principal dwelling or by an underwriter of or other
3956-principal in the secondary mortgage markets: SENATE BILL No. 491—page 68
3957-(1) That performs appraisal management services, regardless of
3958-the use of any of the following terms: Appraisal management company,
7570+authorized either by a creditor of a consumer credit transaction secured by
7571+a consumer's principal dwelling or by an underwriter of or other principal
7572+in the secondary mortgage markets:
7573+(1) That performs appraisal management services, regardless of the
7574+use of any of the following terms: Appraisal management company,
39597575 mortgage technology provider, mortgage services provider, lender
39607576 processing services provider, loan processor, real estate closing services
39617577 provider, vendor management company or any other like term; and
39627578 (2) such entity oversees an appraiser panel of:
3963-(A) More than 15 appraisers who are certified or licensed in
3964-Kansas; or
3965-(B) a total of more than 25 appraisers who are certified or licensed
3966-in Kansas and in any other jurisdiction.
3967-(c)(d) "Appraisal management services" means to perform or
3968-attempt to perform, directly or indirectly, any one or more of the
3969-following functions on behalf of a lender, financial institution, client, or
3970-any other person:
7579+(A) More than 15 appraisers who are certified or licensed in Kansas;
7580+or
7581+(B) a total of more than 25 appraisers who are certified or licensed in
7582+Kansas and in any other jurisdiction.
7583+(c)(d) "Appraisal management services" means to perform or attempt
7584+to perform, directly or indirectly, any one or more of the following
7585+functions on behalf of a lender, financial institution, client, or any other
7586+person:
39717587 (1) Administer an appraiser panel;
3972-(2) recruit, qualify, verify licensing or certification and negotiate
3973-fees and service level expectations with any person who is part of an
3974-appraiser panel;
3975-(3) receive an order for an appraisal from one entity and deliver
3976-the order for the appraisal to an appraiser that is part of an appraiser
3977-panel for completion;
7588+(2) recruit, qualify, verify licensing or certification and negotiate fees
7589+and service level expectations with any person who is part of an appraiser
7590+panel;
7591+(3) receive an order for an appraisal from one entity and deliver the
7592+order for the appraisal to an appraiser that is part of an appraiser panel for
7593+completion;
39787594 (4) track and determine the status of orders for appraisals;
39797595 (5) conduct quality control of a completed appraisal prior to the
39807596 delivery of such appraisal to the person that ordered the appraisal; or
3981-(6) submit a completed appraisal performed by an appraiser to one
3982-or more clients.
3983-(d)(e) "Appraiser" means an individual who holds a credential
3984-issued by the Kansas real estate appraisal board pursuant to the state
3985-certified and licensed real property appraiser act entitling that
3986-individual to perform an appraisal of real property in the state of
3987-Kansas consistent with the scope of practice for such credential.
3988-(e)(f) "Appraiser panel" means a network of one or more licensed
3989-or certified appraisers who are independent contractors to the AMC and
3990-have:
3991-(1) Responded to an invitation, request, or solicitation from an
3992-AMC, in any form, to perform appraisals for persons that have ordered
3993-appraisals through the AMC, or to perform appraisals for the AMC
3994-directly, on a periodic basis, as requested and assigned by the AMC;
3995-and
3996-(2) been selected and approved by an AMC to perform appraisals
3997-for any client of the AMC that has ordered an appraisal through the
3998-AMC, or to perform appraisals for the AMC directly, on a periodic
3999-basis, as assigned by the AMC.
4000-(f)(g) "Appraisal review" means the act or process of developing
4001-and communicating an opinion about the quality of another appraiser's
4002-work that was performed as part of an appraisal assignment related to
4003-the appraiser's data collection, analysis, opinions of value, conclusions,
7597+(6) submit a completed appraisal performed by an appraiser to one or
7598+more clients.
7599+(d)(e) "Appraiser" means an individual who holds a credential issued
7600+by the Kansas real estate appraisal board pursuant to the state certified and
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7644+licensed real property appraiser act entitling that individual to perform an
7645+appraisal of real property in the state of Kansas consistent with the scope
7646+of practice for such credential.
7647+(e)(f) "Appraiser panel" means a network of one or more licensed or
7648+certified appraisers who are independent contractors to the AMC and have:
7649+(1) Responded to an invitation, request, or solicitation from an AMC,
7650+in any form, to perform appraisals for persons that have ordered appraisals
7651+through the AMC, or to perform appraisals for the AMC directly, on a
7652+periodic basis, as requested and assigned by the AMC; and
7653+(2) been selected and approved by an AMC to perform appraisals for
7654+any client of the AMC that has ordered an appraisal through the AMC, or
7655+to perform appraisals for the AMC directly, on a periodic basis, as
7656+assigned by the AMC.
7657+(f)(g) "Appraisal review" means the act or process of developing and
7658+communicating an opinion about the quality of another appraiser's work
7659+that was performed as part of an appraisal assignment related to the
7660+appraiser's data collection, analysis, opinions of value, conclusions,
40047661 estimate of value, or compliance with the uniform standards of
40057662 professional appraisal practice. This term "appraisal review" does not
40067663 include a general examination for:
40077664 (1) Grammatical, typographical or other similar errors; or
40087665 (2) Completeness including regulatory requirements, client
40097666 requirements, or both such requirements as specified in the engagement
40107667 letter that does not communicate an opinion.
40117668 (g)(h) "Board" means the Kansas real estate appraisal board.
40127669 (h)(i) "Credential" means a certificate, license or temporary permit
40137670 issued by the board pursuant to the provisions of the state certified and
40147671 licensed real estate appraisals act authorizing an individual to act as a
4015-temporary permitted appraiser, provisional appraiser, state licensed SENATE BILL No. 491—page 69
4016-appraiser, certified residential appraiser or certified general appraiser in
4017-the state of Kansas.
7672+temporary permitted appraiser, provisional appraiser, state licensed
7673+appraiser, certified residential appraiser or certified general appraiser in the
7674+state of Kansas.
40187675 (i)(j) "Controlling person" means:
40197676 (1) An owner, officer, manager, or director of a corporation,
4020-partnership, firm, association, limited liability company, or other
4021-business entity seeking to offer appraisal management services in this
4022-state;
4023-(2) an individual employed, appointed, or authorized by an AMC
4024-that has the authority to enter into a contractual relationship with other
4025-persons for the performance of appraisal management services and has
4026-the authority to enter into agreements with appraisers for the
4027-performance of appraisals; or
4028-(3) an individual who possesses, directly or indirectly, the power
4029-to direct or cause the direction of the management or policies of an
4030-AMC.
7677+partnership, firm, association, limited liability company, or other business
7678+entity seeking to offer appraisal management services in this state;
7679+(2) an individual employed, appointed, or authorized by an AMC that
7680+has the authority to enter into a contractual relationship with other persons
7681+for the performance of appraisal management services and has the
7682+authority to enter into agreements with appraisers for the performance of
7683+appraisals; or
7684+(3) an individual who possesses, directly or indirectly, the power to
7685+direct or cause the direction of the management or policies of an AMC.
40317686 (j)(k) "Person" means an individual, firm, partnership, association,
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40327730 corporation, or any other entity.
40337731 (k)(l) "Uniform standards of professional appraisal practice" or
40347732 "USPAP" means the edition of the uniform standards of professional
40357733 appraisal practice as specified in K.S.A. 58-4121, and amendments
40367734 thereto.
40377735 Sec. 43. K.S.A. 2023 Supp. 58-4709 is hereby amended to read as
4038-follows: 58-4709. (a) No single interest in an AMC applying for,
4039-holding or renewing a registration under this act shall be owned by:
4040-(1) An individual who has held a credential issued by any
4041-appraiser-credentialing jurisdiction to act as an appraiser and such
4042-credential:
7736+follows: 58-4709. (a) No single interest in an AMC applying for, holding
7737+or renewing a registration under this act shall be owned by:
7738+(1) An individual who has held a credential issued by any appraiser-
7739+credentialing jurisdiction to act as an appraiser and such credential:
40437740 (A) Was refused, denied, suspended, revoked, or surrendered or
40447741 nonrenewed in lieu of a pending disciplinary proceeding in any
40457742 jurisdiction against such individual; and
40467743 (B) not subsequently granted or reinstated; or
40477744 (C) is otherwise not in good standing; or
4048-(2) any person who owns an interest in an entity and such person
4049-has held a credential issued by any appraiser-credentialing jurisdiction
4050-to act as an appraiser that:
7745+(2) any person who owns an interest in an entity and such person has
7746+held a credential issued by any appraiser-credentialing jurisdiction to act as
7747+an appraiser that:
40517748 (A) Was refused, denied, revoked, suspended, or surrendered or
40527749 nonrenewed in lieu of a pending disciplinary proceeding in any
40537750 jurisdiction against such person; and
40547751 (B) (i) not subsequently granted or reinstated; or
40557752 (ii) is otherwise not in good standing.
4056-(b) (1) Each individual that owns an interest in an AMC who
4057-applies for, holds, or renews a registration under this act shall be of
4058-good moral character as determined by the board by rules and
4059-regulations.
4060-(2) As a part of an application for an original registration, and for
4061-a renewal registration if required by the board, the board shall require
4062-the individual an applicant to be fingerprinted and submit to a state and
4063-national criminal history record check in accordance with section 2,
4064-and amendments thereto. The individual's fingerprints shall be used to
4065-identify the individual and to determine whether the individual has a
4066-record of criminal history in this state or other jurisdiction. The board
4067-shall require the individual to submit the fingerprints to the Kansas
4068-bureau of investigation and the federal bureau of investigation for a
4069-state and national criminal history record check. The board shall use the
4070-information obtained from the fingerprinting and the criminal history
4071-for purposes of verifying the identification of the individual and in the
4072-official determination of the qualifications and fitness of the applicant
4073-to be issued, maintain, or renew a registration.
4074-(3) Local and state law enforcement officers and agencies shall SENATE BILL No. 491—page 70
4075-assist the board in taking and processing fingerprints of individuals for
4076-any registration and shall release all records of adult convictions to the
4077-board.
7753+(b) (1) Each individual that owns an interest in an AMC who applies
7754+for, holds, or renews a registration under this act shall be of good moral
7755+character as determined by the board by rules and regulations.
7756+(2) As a part of an application for an original registration, and for a
7757+renewal registration if required by the board, the board shall require the
7758+individual an applicant to be fingerprinted and submit to a state and
7759+national criminal history record check in accordance with section 2, and
7760+amendments thereto. The individual's fingerprints shall be used to identify
7761+the individual and to determine whether the individual has a record of
7762+criminal history in this state or other jurisdiction. The board shall require
7763+the individual to submit the fingerprints to the Kansas bureau of
7764+investigation and the federal bureau of investigation for a state and
7765+national criminal history record check. The board shall use the information
7766+obtained from the fingerprinting and the criminal history for purposes of
7767+verifying the identification of the individual and in the official
7768+determination of the qualifications and fitness of the applicant to be issued,
7769+maintain, or renew a registration.
7770+(3) Local and state law enforcement officers and agencies shall assist
7771+the board in taking and processing fingerprints of individuals for any
7772+registration and shall release all records of adult convictions to the board.
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40787816 (4) The board may fix and collect a fee in an amount necessary to
4079-reimburse the board for the cost of fingerprinting and the criminal
4080-history record check. Such fee shall be established by rules and
4081-regulations.
7817+reimburse the board for the cost of fingerprinting and the criminal history
7818+record check. Such fee shall be established by rules and regulations.
40827819 (c) Each AMC applying for registration or for renewal of a
4083-registration under this act shall certify to the board on a form prescribed
4084-by the board that:
7820+registration under this act shall certify to the board on a form prescribed by
7821+the board that:
40857822 (1) Such AMC has reviewed each person or entity that owns an
40867823 interest in the AMC; and
40877824 (2) no person or entity that owns an interest in the AMC has held a
40887825 credential issued by any appraiser-credentialing jurisdiction to act as an
40897826 appraiser and such credential:
40907827 (A) Was refused, denied, suspended, revoked, or surrendered or
40917828 nonrenewed in lieu of a pending disciplinary proceeding in any
40927829 jurisdiction against such individual; and
40937830 (B) (i) was not subsequently granted or reinstated; or
40947831 (ii) is otherwise not in good standing.
4095-Sec. 44. K.S.A. 65-503 is hereby amended to read as follows: 65-
4096-503. As used in this act:
4097-(a) "Child placement agency" means a business or service
4098-conducted, maintained or operated by a person engaged in finding
4099-homes for children by placing or arranging for the placement of such
4100-children for adoption or foster care.
7832+Sec. 44. K.S.A. 65-503 is hereby amended to read as follows: 65-503.
7833+As used in this act:
7834+(a) "Child placement agency" means a business or service conducted,
7835+maintained or operated by a person engaged in finding homes for children
7836+by placing or arranging for the placement of such children for adoption or
7837+foster care.
41017838 (b) "Child care resource and referral agency" means a business or
41027839 service conducted, maintained or operated by a person engaged in
4103-providing resource and referral services, including information of
4104-specific services provided by child care facilities, to assist parents to
4105-find child care.
7840+providing resource and referral services, including information of specific
7841+services provided by child care facilities, to assist parents to find child
7842+care.
41067843 (c) "Child care facility" means:
4107-(1) A facility maintained by a person who has control or custody
4108-of one or more children under 16 years of age, unattended by parent or
4109-guardian, for the purpose of providing the children with food or
4110-lodging, or both, except children in the custody of the secretary for
4111-children and families who are placed with a prospective adoptive
4112-family pursuant to the provisions of an adoptive placement agreement
4113-or who are related to the person by blood, marriage or legal adoption;
4114-(2) a children's home, orphanage, maternity home, day care
4115-facility or other facility of a type determined by the secretary to require
4116-regulation under the provisions of this act;
7844+(1) A facility maintained by a person who has control or custody of
7845+one or more children under 16 years of age, unattended by parent or
7846+guardian, for the purpose of providing the children with food or lodging,
7847+or both, except children in the custody of the secretary for children and
7848+families who are placed with a prospective adoptive family pursuant to the
7849+provisions of an adoptive placement agreement or who are related to the
7850+person by blood, marriage or legal adoption;
7851+(2) a children's home, orphanage, maternity home, day care facility or
7852+other facility of a type determined by the secretary to require regulation
7853+under the provisions of this act;
41177854 (3) a child placement agency or child care resource and referral
41187855 agency, or a facility maintained by such an agency for the purpose of
41197856 caring for children under 16 years of age; or
41207857 (4) any receiving or detention home for children under 16 years of
4121-age provided or maintained by, or receiving aid from, any city or
4122-county or the state.
4123-(d) "Day care facility" means a child care facility that includes a
4124-day care home, preschool, child care center, school-age program or
4125-other facility of a type determined by the secretary to require regulation
4126-under the provisions of K.S.A. 65-501 et seq., and amendments thereto.
7858+age provided or maintained by, or receiving aid from, any city or county or
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7902+the state.
7903+(d) "Day care facility" means a child care facility that includes a day
7904+care home, preschool, child care center, school-age program or other
7905+facility of a type determined by the secretary to require regulation under
7906+the provisions of K.S.A. 65-501 et seq., and amendments thereto.
41277907 (e) "Person" means any individual, association, partnership,
41287908 corporation, government, governmental subdivision or other entity.
4129-(f) "Boarding school" means a facility which provides 24-hour
4130-care to school age children, provides education as its primary function,
4131-and is accredited by an accrediting agency acceptable to the secretary
4132-of health and environment.
4133-(g) "Maternity center" means a facility which provides delivery SENATE BILL No. 491—page 71
7909+(f) "Boarding school" means a facility which provides 24-hour care to
7910+school age children, provides education as its primary function, and is
7911+accredited by an accrediting agency acceptable to the secretary of health
7912+and environment.
7913+(g) "Maternity center" means a facility which provides delivery
41347914 services for normal, uncomplicated pregnancies but does not include a
41357915 medical care facility as defined by K.S.A. 65-425, and amendments
41367916 thereto.
4137-(h) "Employee" means a person working, regularly volunteering
4138-or residing in a child care facility.
7917+(h) "Employee" means a person working, regularly volunteering or
7918+residing in a child care facility.
41397919 Sec. 45. K.S.A. 2023 Supp. 65-516 is hereby amended to read as
41407920 follows: 65-516. (a) No person shall knowingly maintain a child care
41417921 facility if there resides, works or regularly volunteers any person an
41427922 employee who, in this state or in other states or the federal government:
41437923 (1) (A) Has been convicted of a crime that is classified as a person
41447924 felony under the Kansas criminal code;
41457925 (B) has been convicted of a felony under K.S.A. 2010 Supp. 21-
4146-36a01 through 21-36a17, prior to their transfer, or article 57 of chapter
4147-21 of the Kansas Statutes Annotated, and amendments thereto, or any
4148-felony violation of any provision of the uniform controlled substances
4149-act prior to July 1, 2009;
4150-(C) has been convicted of any act that is described in articles 34,
4151-35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their
4152-repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes
4153-Annotated, or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418 through 21-
4154-6422 or 21-6424, and amendments thereto, or been convicted of an
4155-attempt under K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-5301,
4156-and amendments thereto, to commit any such act or been convicted of
4157-conspiracy under K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-
4158-5302, and amendments thereto, to commit such act, or similar statutes
4159-of any other state or the federal government;
4160-(D) has been convicted of any act that is described in K.S.A. 21-
4161-4301 or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and
4162-amendments thereto, or similar statutes of any other state or the federal
4163-government; or
4164-(E) has been convicted of any act that is described in K.S.A. 21-
4165-3718 or 21-3719, prior to their repeal, or K.S.A. 21-5812, and
4166-amendments thereto, or similar statutes of any other state or the federal
7926+36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21
7927+of the Kansas Statutes Annotated, and amendments thereto, or any felony
7928+violation of any provision of the uniform controlled substances act prior to
7929+July 1, 2009;
7930+(C) has been convicted of any act that is described in articles 34, 35
7931+or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal,
7932+or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, or
7933+K.S.A. 21-6104, 21-6325, 21-6326, 21-6418 through 21-6422 or 21-6424,
7934+and amendments thereto, or been convicted of an attempt under K.S.A. 21-
7935+3301, prior to its repeal, or K.S.A. 21-5301, and amendments thereto, to
7936+commit any such act or been convicted of conspiracy under K.S.A. 21-
7937+3302, prior to its repeal, or K.S.A. 21-5302, and amendments thereto, to
7938+commit such act, or similar statutes of any other state or the federal
41677939 government;
7940+(D) has been convicted of any act that is described in K.S.A. 21-4301
7941+or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and amendments
7942+thereto, or similar statutes of any other state or the federal government; or
7943+(E) has been convicted of any act that is described in K.S.A. 21-3718
7944+or 21-3719, prior to their repeal, or K.S.A. 21-5812, and amendments
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7988+thereto, or similar statutes of any other state or the federal government;
41687989 (2) except as provided in subsection (b), has been adjudicated a
41697990 juvenile offender because of having committed an act that if done by an
41707991 adult would constitute the commission of a felony and that is a crime
4171-against persons, is any act described in articles 34, 35 or 36 of chapter
4172-21 of the Kansas Statutes Annotated, prior to their repeal, or article 54,
4173-55 or 56 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-
4174-6104, 21-6325, 21-6326, 21-6418 through 21-6422 or 21-6424, and
4175-amendments thereto, or similar statutes of any other state or the federal
4176-government, or is any act described in K.S.A. 21-4301 or 21-4301a,
4177-prior to their repeal, or K.S.A. 21-6401, and amendments thereto, or
4178-similar statutes of any other state or the federal government;
7992+against persons, is any act described in articles 34, 35 or 36 of chapter 21
7993+of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or
7994+56 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-
7995+6325, 21-6326, 21-6418 through 21-6422 or 21-6424, and amendments
7996+thereto, or similar statutes of any other state or the federal government, or
7997+is any act described in K.S.A. 21-4301 or 21-4301a, prior to their repeal,
7998+or K.S.A. 21-6401, and amendments thereto, or similar statutes of any
7999+other state or the federal government;
41798000 (3) has been convicted or adjudicated of a crime that requires
41808001 registration as a sex offender under the Kansas offender registration act,
4181-K.S.A. 22-4901 et seq., and amendments thereto, as a sex offender in
4182-any other state or as a sex offender on the national sex offender
4183-registry;
8002+K.S.A. 22-4901 et seq., and amendments thereto, as a sex offender in any
8003+other state or as a sex offender on the national sex offender registry;
41848004 (4) has committed an act of physical, mental or emotional abuse or
41858005 neglect or sexual abuse and who is listed in the child abuse and neglect
41868006 registry maintained by the Kansas department for children and families
4187-pursuant to K.S.A. 38-2226, and amendments thereto, or any similar
4188-child abuse and neglect registries maintained by any other state or the
4189-federal government and:
4190-(A) The person has failed to successfully complete a corrective
4191-action plan that had been deemed appropriate and approved by the
4192-Kansas department for children and families or requirements of similar SENATE BILL No. 491—page 72
4193-entities in any other state or the federal government; or
8007+pursuant to K.S.A. 38-2226, and amendments thereto, or any similar child
8008+abuse and neglect registries maintained by any other state or the federal
8009+government and:
8010+(A) The person has failed to successfully complete a corrective action
8011+plan that had been deemed appropriate and approved by the Kansas
8012+department for children and families or requirements of similar entities in
8013+any other state or the federal government; or
41948014 (B) the record has not been expunged pursuant to rules and
41958015 regulations adopted by the secretary for children and families or similar
41968016 entities in any other state or the federal government;
41978017 (5) has had a child removed from home based on a court order
41988018 pursuant to K.S.A. 38-2251, and amendments thereto, in this state, or a
41998019 court order in any other state based upon a similar statute that finds the
42008020 child to be deprived or a child in need of care based on a finding of
42018021 physical, mental or emotional abuse or neglect or sexual abuse and the
42028022 child has not been returned to the home or the child reaches majority
42038023 before being returned to the home and the person has failed to
42048024 satisfactorily complete a corrective action plan approved by the
42058025 department of health and environment;
4206-(6) has had parental rights terminated pursuant to the Kansas
4207-juvenile code or K.S.A. 38-2266 through 38-2270, and amendments
4208-thereto, or a similar statute of other states;
4209-(7) has signed a diversion agreement pursuant to K.S.A. 22-2906
4210-et seq., and amendments thereto, or an immediate intervention
4211-agreement pursuant to K.S.A. 38-2346, and amendments thereto,
4212-involving a charge of child abuse or a sexual offense; or
8026+(6) has had parental rights terminated pursuant to the Kansas juvenile
8027+code or K.S.A. 38-2266 through 38-2270, and amendments thereto, or a
8028+similar statute of other states;
8029+(7) has signed a diversion agreement pursuant to K.S.A. 22-2906 et
8030+seq., and amendments thereto, or an immediate intervention agreement
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8074+pursuant to K.S.A. 38-2346, and amendments thereto, involving a charge
8075+of child abuse or a sexual offense; or
42138076 (8) has an infectious or contagious disease.
42148077 (b) If the secretary determines there is no safety concern, the
4215-secretary may license a family foster home, as defined in K.S.A. 38-
4216-134, and amendments thereto, when a person who has been adjudicated
4217-as a juvenile offender for an offense described in subsection (a)(2):
4218-(1) Was a child in the custody of the secretary and placed with
4219-such family foster home by the secretary;
8078+secretary may license a family foster home, as defined in K.S.A. 38-134,
8079+and amendments thereto, when a person who has been adjudicated as a
8080+juvenile offender for an offense described in subsection (a)(2):
8081+(1) Was a child in the custody of the secretary and placed with such
8082+family foster home by the secretary;
42208083 (2) is 18 years of age or older;
42218084 (3) (A) maintains residence at such family foster home; or
42228085 (B) has been legally adopted by any person who resides at such
42238086 family foster home; and
42248087 (4) six months have passed since the date of adjudication.
4225-(c) No person shall maintain a child care facility if such person
4226-has been found to be a person in need of a guardian or a conservator, or
4227-both, as provided in K.S.A. 59-3050 through 59-3095, and amendments
4228-thereto.
4229-(d) Any person who resides in a child care facility and who has
4230-been found to be in need of a guardian or a conservator, or both, shall
4231-be counted in the total number of children allowed in care.
4232-(e) In accordance with the provisions of this subsection, the
4233-secretary of health and environment shall have access to any court
4234-orders or adjudications of any court of record, any records of such
4235-orders or adjudications, criminal history record information including,
4236-but not limited to, diversion agreements, in the possession of the
4237-Kansas bureau of investigation and any report of investigations as
4238-authorized by K.S.A. 38-2226, and amendments thereto, in the
4239-possession of the Kansas department for children and families or court
4240-of this state concerning persons working, regularly volunteering or
4241-residing employees in a child care facility. The secretary shall have
4242-access to these records for the purpose of determining whether or not
4243-the home meets the requirements of K.S.A. 59-2132, 65-503, 65-508
4244-and 65-516, and amendments thereto.
4245-(f) In accordance with the provisions of this subsection, the
4246-secretary is authorized to conduct national criminal history record
4247-checks to determine criminal history on persons residing, working or
4248-regularly volunteering employees in a child care facility. In order to
4249-conduct a national criminal history check the secretary shall require
4250-fingerprinting for identification and determination of criminal history
4251-in accordance with section 2, and amendments thereto. The secretary SENATE BILL No. 491—page 73
4252-shall submit the fingerprints to the Kansas bureau of investigation and
4253-to the federal bureau of investigation and receive a reply to enable the
4254-secretary to verify the identity of such person and whether such person
4255-has been convicted of any crime that would prohibit such person from
4256-residing, working or regularly volunteering in a child care facility. The
4257-secretary is authorized to use information obtained from the national
4258-criminal history record check to determine such person's fitness to
4259-reside, work or regularly volunteer in a child care facility.
4260-(g) Local and state law enforcement officers and agencies shall
4261-assist the secretary in taking and processing fingerprints of persons
4262-residing, working or regularly volunteering in a child care facility and
4263-shall release all records of adult convictions and nonconvictions and
4264-adult convictions or adjudications of another state or country to the
4265-department.
8088+(c) No person shall maintain a child care facility if such person has
8089+been found to be a person in need of a guardian or a conservator, or both,
8090+as provided in K.S.A. 59-3050 through 59-3095, and amendments thereto.
8091+(d) Any person who resides in a child care facility and who has been
8092+found to be in need of a guardian or a conservator, or both, shall be
8093+counted in the total number of children allowed in care.
8094+(e) In accordance with the provisions of this subsection, the secretary
8095+of health and environment shall have access to any court orders or
8096+adjudications of any court of record, any records of such orders or
8097+adjudications, criminal history record information including, but not
8098+limited to, diversion agreements, in the possession of the Kansas bureau of
8099+investigation and any report of investigations as authorized by K.S.A. 38-
8100+2226, and amendments thereto, in the possession of the Kansas department
8101+for children and families or court of this state concerning persons working,
8102+regularly volunteering or residing employees in a child care facility. The
8103+secretary shall have access to these records for the purpose of determining
8104+whether or not the home meets the requirements of K.S.A. 59-2132, 65-
8105+503, 65-508 and 65-516, and amendments thereto.
8106+(f) In accordance with the provisions of this subsection, the secretary
8107+is authorized to conduct national criminal history record checks to
8108+determine criminal history on persons residing, working or regularly
8109+volunteering employees in a child care facility. In order to conduct a
8110+national criminal history check the secretary shall require fingerprinting
8111+for identification and determination of criminal history in accordance with
8112+section 2, and amendments thereto. The secretary shall submit the
8113+fingerprints to the Kansas bureau of investigation and to the federal bureau
8114+of investigation and receive a reply to enable the secretary to verify the
8115+identity of such person and whether such person has been convicted of any
8116+crime that would prohibit such person from residing, working or regularly
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8160+volunteering in a child care facility. The secretary is authorized to use
8161+information obtained from the national criminal history record check to
8162+determine such person's fitness to reside, work or regularly volunteer in a
8163+child care facility.
8164+(g) Local and state law enforcement officers and agencies shall assist
8165+the secretary in taking and processing fingerprints of persons residing,
8166+working or regularly volunteering in a child care facility and shall release
8167+all records of adult convictions and nonconvictions and adult convictions
8168+or adjudications of another state or country to the department.
42668169 (h) (1) The secretary shall adopt rules and regulations on or before
4267-January 1, 2019, to fix a fee for fingerprinting persons residing,
4268-working or regularly volunteering in a child care facility, as may be
4269-required by the department to reimburse the department for the cost of
4270-the fingerprinting.
8170+January 1, 2019, to fix a fee for fingerprinting persons residing, working or
8171+regularly volunteering in a child care facility, as may be required by the
8172+department to reimburse the department for the cost of the fingerprinting.
42718173 (2) The secretary shall remit all moneys received from the fees
4272-established under this section to the state treasurer in accordance with
4273-the provisions of K.S.A. 75-4215, and amendments thereto. Upon
4274-receipt of each such remittance, the state treasurer shall deposit the
4275-entire amount in the state treasury to the credit of the child care
4276-criminal background and fingerprinting fund.
8174+established under this section to the state treasurer in accordance with the
8175+provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
8176+each such remittance, the state treasurer shall deposit the entire amount in
8177+the state treasury to the credit of the child care criminal background and
8178+fingerprinting fund.
42778179 (i) The child care criminal background and fingerprinting fund is
4278-hereby created in the state treasury to be administered by the secretary
4279-of health and environment. All moneys credited to the child care
4280-criminal background and fingerprinting fund shall be used to pay local
4281-and state law enforcement officers and agencies for the processing of
4282-fingerprints and criminal history background checks for the department.
4283-All expenditures from the child care criminal background and
4284-fingerprinting fund shall be made in accordance with appropriation acts
4285-upon warrants of the director of accounts and reports issued pursuant to
4286-vouchers approved by the secretary or by a person designated by the
4287-secretary.
8180+hereby created in the state treasury to be administered by the secretary of
8181+health and environment. All moneys credited to the child care criminal
8182+background and fingerprinting fund shall be used to pay local and state
8183+law enforcement officers and agencies for the processing of fingerprints
8184+and criminal history background checks for the department. All
8185+expenditures from the child care criminal background and fingerprinting
8186+fund shall be made in accordance with appropriation acts upon warrants of
8187+the director of accounts and reports issued pursuant to vouchers approved
8188+by the secretary or by a person designated by the secretary.
42888189 (j) The secretary shall notify the child care applicant or licensee,
4289-within seven days by certified mail with return receipt requested, when
4290-the result of the national criminal history record check or other
4291-appropriate review reveals unfitness specified in subsections (a)(1)
4292-through (8) with regard to the person who is the subject of the review.
4293-(k) No child care facility or the employees thereof, shall be liable
4294-for civil damages to any person refused employment or discharged
4295-from employment by reason of such facility's or home's compliance
4296-with the provisions of this section if such home acts in good faith to
4297-comply with this section.
8190+within seven days by certified mail with return receipt requested, when the
8191+result of the national criminal history record check or other appropriate
8192+review reveals unfitness specified in subsections (a)(1) through (8) with
8193+regard to the person who is the subject of the review.
8194+(k) No child care facility or the employees thereof, shall be liable for
8195+civil damages to any person refused employment or discharged from
8196+employment by reason of such facility's or home's compliance with the
8197+provisions of this section if such home acts in good faith to comply with
8198+this section.
42988199 (l) For the purpose of subsection (a)(3), a person listed in the child
42998200 abuse and neglect central registry shall not be prohibited from residing,
43008201 working or volunteering in a child care facility unless such person has:
43018202 (1) Had an opportunity to be interviewed and present information
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43028246 during the investigation of the alleged act of abuse or neglect; and
43038247 (2) been given notice of the agency decision and an opportunity to
43048248 appeal such decision to the secretary and to the courts pursuant to the
43058249 Kansas judicial review act.
43068250 (m) In regard to Kansas issued criminal history records:
4307-(1) The secretary of health and environment shall provide in
4308-writing information available to the secretary to each child placement
4309-agency requesting information under this section, including the
4310-information provided by the Kansas bureau of investigation pursuant to SENATE BILL No. 491—page 74
4311-this section, for the purpose of assessing the fitness of persons living,
4312-working or regularly volunteering in a family foster home under the
4313-child placement agency's sponsorship.
4314-(2) The child placement agency is considered to be a
4315-governmental entity and the designee of the secretary of health and
4316-environment for the purposes of obtaining, using and disseminating
4317-information obtained under this section.
4318-(3) The information shall be provided to the child placement
4319-agency regardless of whether the information discloses that the subject
4320-of the request has been convicted of any offense.
4321-(4) Whenever the information available to the secretary reveals
4322-that the subject of the request has no criminal history on record, the
4323-secretary shall provide notice thereof in writing to each child placement
4324-agency requesting information under this section.
8251+(1) The secretary of health and environment shall provide in writing
8252+information available to the secretary to each child placement agency
8253+requesting information under this section, including the information
8254+provided by the Kansas bureau of investigation pursuant to this section, for
8255+the purpose of assessing the fitness of persons living, working or regularly
8256+volunteering in a family foster home under the child placement agency's
8257+sponsorship.
8258+(2) The child placement agency is considered to be a governmental
8259+entity and the designee of the secretary of health and environment for the
8260+purposes of obtaining, using and disseminating information obtained under
8261+this section.
8262+(3) The information shall be provided to the child placement agency
8263+regardless of whether the information discloses that the subject of the
8264+request has been convicted of any offense.
8265+(4) Whenever the information available to the secretary reveals that
8266+the subject of the request has no criminal history on record, the secretary
8267+shall provide notice thereof in writing to each child placement agency
8268+requesting information under this section.
43258269 (5) Any staff person of a child placement agency who receives
4326-information under this subsection shall keep such information
4327-confidential, except that the staff person may disclose such information
4328-on a need-to-know basis to:
8270+information under this subsection shall keep such information confidential,
8271+except that the staff person may disclose such information on a need-to-
8272+know basis to:
43298273 (A) The person who is the subject of the request for information;
4330-(B) the applicant or operator of the family foster home in which
4331-the person lives, works or regularly volunteers;
8274+(B) the applicant or operator of the family foster home in which the
8275+person lives, works or regularly volunteers;
43328276 (C) the department of health and environment;
43338277 (D) the Kansas department for children and families;
43348278 (E) the department of corrections; and
43358279 (F) the courts.
43368280 (6) A violation of the provisions of paragraph (5) shall be an
4337-unclassified misdemeanor punishable by a fine of $100 for each
4338-violation.
4339-(n) No person shall maintain a day care facility unless such person
4340-is a high school graduate or the equivalent thereof, except where
4341-extraordinary circumstances exist, the secretary of health and
4342-environment may exercise discretion to make exceptions to this
4343-requirement. The provisions of this subsection shall not apply to any
4344-person who was maintaining a day care facility on the day immediately
4345-prior to July 1, 2010, or who had an application for an initial license or
4346-the renewal of an existing license pending on July 1, 2010.
8281+unclassified misdemeanor punishable by a fine of $100 for each violation.
8282+(n) No person shall maintain a day care facility unless such person is
8283+a high school graduate or the equivalent thereof, except where
8284+extraordinary circumstances exist, the secretary of health and environment
8285+may exercise discretion to make exceptions to this requirement. The
8286+provisions of this subsection shall not apply to any person who was
8287+maintaining a day care facility on the day immediately prior to July 1,
8288+2010, or who had an application for an initial license or the renewal of an
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8332+existing license pending on July 1, 2010.
43478333 Sec. 46. K.S.A. 2023 Supp. 65-1120 is hereby amended to read as
43488334 follows: 65-1120. (a) Grounds for disciplinary actions. The board may
43498335 deny, revoke, limit or suspend any license or authorization to practice
4350-nursing as a registered professional nurse, as a licensed practical nurse,
4351-as an advanced practice registered nurse or as a registered nurse
4352-anesthetist that is issued by the board or applied for under this act, or
4353-may require the licensee to attend a specific number of hours of
4354-continuing education in addition to any hours the licensee may already
4355-be required to attend or may publicly or privately censure a licensee or
4356-holder of a temporary permit or authorization, if the applicant, licensee
4357-or holder of a temporary permit or authorization is found after hearing:
8336+nursing as a registered professional nurse, as a licensed practical nurse, as
8337+an advanced practice registered nurse or as a registered nurse anesthetist
8338+that is issued by the board or applied for under this act, or may require the
8339+licensee to attend a specific number of hours of continuing education in
8340+addition to any hours the licensee may already be required to attend or
8341+may publicly or privately censure a licensee or holder of a temporary
8342+permit or authorization, if the applicant, licensee or holder of a temporary
8343+permit or authorization is found after hearing:
43588344 (1) To be guilty of fraud or deceit in practicing nursing or in
43598345 procuring or attempting to procure a license to practice nursing;
43608346 (2) to have been guilty of a felony or to have been guilty of a
43618347 misdemeanor involving an illegal drug offense unless the applicant or
43628348 licensee establishes sufficient rehabilitation to warrant the public trust,
4363-except that notwithstanding K.S.A. 74-120, and amendments thereto,
4364-no license or authorization to practice nursing as a licensed professional
8349+except that notwithstanding K.S.A. 74-120, and amendments thereto, no
8350+license or authorization to practice nursing as a licensed professional
43658351 nurse, as a licensed practical nurse, as an advanced practice registered
43668352 nurse or registered nurse anesthetist shall be granted to a person with a
4367-felony conviction for a crime against persons as specified in article 34
4368-of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or
4369-article 54 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21- SENATE BILL No. 491—page 75
4370-6104, 21-6325, 21-6326 or 21-6418, and amendments thereto;
4371-(3) has been convicted or found guilty or has entered into an
4372-agreed disposition of a misdemeanor offense related to the practice of
4373-nursing as determined on a case-by-case basis;
4374-(4) to have committed an act of professional incompetency as
4375-defined in subsection (e);
4376-(5) to be unable to practice with skill and safety due to current
4377-abuse of drugs or alcohol;
8353+felony conviction for a crime against persons as specified in article 34 of
8354+chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article
8355+54 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-
8356+6325, 21-6326 or 21-6418, and amendments thereto;
8357+(3) has been convicted or found guilty or has entered into an agreed
8358+disposition of a misdemeanor offense related to the practice of nursing as
8359+determined on a case-by-case basis;
8360+(4) to have committed an act of professional incompetency as defined
8361+in subsection (e);
8362+(5) to be unable to practice with skill and safety due to current abuse
8363+of drugs or alcohol;
43788364 (6) to be a person who has been adjudged in need of a guardian or
4379-conservator, or both, under the act for obtaining a guardian or
4380-conservator, or both, and who has not been restored to capacity under
4381-that act;
8365+conservator, or both, under the act for obtaining a guardian or conservator,
8366+or both, and who has not been restored to capacity under that act;
43828367 (7) to be guilty of unprofessional conduct as defined by rules and
43838368 regulations of the board;
43848369 (8) to have willfully or repeatedly violated the provisions of the
4385-Kansas nurse practice act or any rules and regulations adopted pursuant
4386-to that act, including K.S.A. 65-1114 and 65-1122, and amendments
4387-thereto;
4388-(9) to have a license to practice nursing as a registered nurse or as
4389-a practical nurse denied, revoked, limited or suspended, or to be
4390-publicly or privately censured, by a licensing authority of another state,
4391-agency of the United States government, territory of the United States
4392-or country or to have other disciplinary action taken against the
4393-applicant or licensee by a licensing authority of another state, agency of
4394-the United States government, territory of the United States or country.
4395-A certified copy of the record or order of public or private censure,
4396-denial, suspension, limitation, revocation or other disciplinary action of
4397-the licensing authority of another state, agency of the United States
4398-government, territory of the United States or country shall constitute
4399-prima facie evidence of such a fact for purposes of this paragraph (9);
4400-or
4401-(10) to have assisted suicide in violation of K.S.A. 21-3406, prior
4402-to its repeal, or K.S.A. 21-5407, and amendments thereto, as
4403-established by any of the following:
4404-(A) A copy of the record of criminal conviction or plea of guilty
4405-for a felony in violation of K.S.A. 21-3406, prior to its repeal, or
4406-K.S.A. 21-5407, and amendments thereto.
8370+Kansas nurse practice act or any rules and regulations adopted pursuant to
8371+that act, including K.S.A. 65-1114 and 65-1122, and amendments thereto;
8372+(9) to have a license to practice nursing as a registered nurse or as a
8373+practical nurse denied, revoked, limited or suspended, or to be publicly or
8374+privately censured, by a licensing authority of another state, agency of the
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8418+United States government, territory of the United States or country or to
8419+have other disciplinary action taken against the applicant or licensee by a
8420+licensing authority of another state, agency of the United States
8421+government, territory of the United States or country. A certified copy of
8422+the record or order of public or private censure, denial, suspension,
8423+limitation, revocation or other disciplinary action of the licensing authority
8424+of another state, agency of the United States government, territory of the
8425+United States or country shall constitute prima facie evidence of such a
8426+fact for purposes of this paragraph (9); or
8427+(10) to have assisted suicide in violation of K.S.A. 21-3406, prior to
8428+its repeal, or K.S.A. 21-5407, and amendments thereto, as established by
8429+any of the following:
8430+(A) A copy of the record of criminal conviction or plea of guilty for a
8431+felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-
8432+5407, and amendments thereto.
44078433 (B) A copy of the record of a judgment of contempt of court for
44088434 violating an injunction issued under K.S.A. 2023 Supp. 60-4404, and
44098435 amendments thereto.
44108436 (C) A copy of the record of a judgment assessing damages under
44118437 K.S.A. 60-4405, and amendments thereto.
44128438 (b) Proceedings. Upon filing of a sworn complaint with the board
4413-charging a person with having been guilty of any of the unlawful
4414-practices specified in subsection (a), two or more members of the board
4415-shall investigate the charges, or the board may designate and authorize
4416-an employee or employees of the board to conduct an investigation.
4417-After investigation, the board may institute charges. If an investigation,
4418-in the opinion of the board, reveals reasonable grounds for believing
4419-the applicant or licensee is guilty of the charges, the board shall fix a
4420-time and place for proceedings, which shall be conducted in accordance
4421-with the provisions of the Kansas administrative procedure act.
8439+charging a person with having been guilty of any of the unlawful practices
8440+specified in subsection (a), two or more members of the board shall
8441+investigate the charges, or the board may designate and authorize an
8442+employee or employees of the board to conduct an investigation. After
8443+investigation, the board may institute charges. If an investigation, in the
8444+opinion of the board, reveals reasonable grounds for believing the
8445+applicant or licensee is guilty of the charges, the board shall fix a time and
8446+place for proceedings, which shall be conducted in accordance with the
8447+provisions of the Kansas administrative procedure act.
44228448 (c) Witnesses. No person shall be excused from testifying in any
44238449 proceedings before the board under this act or in any civil proceedings
4424-under this act before a court of competent jurisdiction on the ground
4425-that such testimony may incriminate the person testifying, but such
4426-testimony shall not be used against the person for the prosecution of
4427-any crime under the laws of this state except the crime of perjury as
4428-defined in K.S.A. 21-5903, and amendments thereto. SENATE BILL No. 491—page 76
8450+under this act before a court of competent jurisdiction on the ground that
8451+such testimony may incriminate the person testifying, but such testimony
8452+shall not be used against the person for the prosecution of any crime under
8453+the laws of this state except the crime of perjury as defined in K.S.A. 21-
8454+5903, and amendments thereto.
44298455 (d) Costs. If final agency action of the board in a proceeding under
4430-this section is adverse to the applicant or licensee, the costs of the
4431-board's proceedings shall be charged to the applicant or licensee as in
4432-ordinary civil actions in the district court, but if the board is the
4433-unsuccessful party, the costs shall be paid by the board. Witness fees
4434-and costs may be taxed by the board according to the statutes relating to
4435-procedure in the district court. All costs accrued by the board, when it
4436-is the successful party, and which the attorney general certifies cannot
4437-be collected from the applicant or licensee shall be paid from the board
4438-of nursing fee fund. All moneys collected following board proceedings
4439-shall be credited in full to the board of nursing fee fund.
8456+this section is adverse to the applicant or licensee, the costs of the board's
8457+proceedings shall be charged to the applicant or licensee as in ordinary
8458+civil actions in the district court, but if the board is the unsuccessful party,
8459+the costs shall be paid by the board. Witness fees and costs may be taxed
8460+by the board according to the statutes relating to procedure in the district
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8504+court. All costs accrued by the board, when it is the successful party, and
8505+which the attorney general certifies cannot be collected from the applicant
8506+or licensee shall be paid from the board of nursing fee fund. All moneys
8507+collected following board proceedings shall be credited in full to the board
8508+of nursing fee fund.
44408509 (e) Professional incompetency defined. As used in this section,
44418510 "professional incompetency" means:
44428511 (1) One or more instances involving failure to adhere to the
4443-applicable standard of care to a degree which constitutes gross
4444-negligence, as determined by the board;
8512+applicable standard of care to a degree which constitutes gross negligence,
8513+as determined by the board;
44458514 (2) repeated instances involving failure to adhere to the applicable
44468515 standard of care to a degree which constitutes ordinary negligence, as
44478516 determined by the board; or
44488517 (3) a pattern of practice or other behavior which demonstrates a
44498518 manifest incapacity or incompetence to practice nursing.
4450-(f) Criminal justice information. The board upon request shall
4451-receive from the Kansas bureau of investigation such criminal history
4452-record information relating to arrests and criminal convictions as
4453-necessary for the purpose of determining initial and continuing
4454-qualifications of licensees of and applicants for licensure by the board
4455-in accordance with section 3, and amendments thereto.
4456-Sec. 47. K.S.A. 65-1501a is hereby amended to read as follows:
4457-65-1501a. For the purposes of this act the following terms shall have
4458-the meanings respectively ascribed to them unless the context requires
8519+(f) Criminal justice information. The board upon request shall receive
8520+from the Kansas bureau of investigation such criminal history record
8521+information relating to arrests and criminal convictions as necessary for
8522+the purpose of determining initial and continuing qualifications of
8523+licensees of and applicants for licensure by the board in accordance with
8524+section 3, and amendments thereto.
8525+Sec. 47. K.S.A. 65-1501a is hereby amended to read as follows: 65-
8526+1501a. For the purposes of this act the following terms shall have the
8527+meanings respectively ascribed to them unless the context requires
44598528 otherwise:
4460-(a) "Board" means the board of examiners in optometry
4461-established under K.S.A. 74-1501, and amendments thereto.
4462-(b) "License" means a license to practice optometry granted under
4463-the optometry law.
4464-(c) "Licensee" means a person licensed under the optometry law
4465-to practice optometry.
8529+(a) "Board" means the board of examiners in optometry established
8530+under K.S.A. 74-1501, and amendments thereto.
8531+(b) "License" means a license to practice optometry granted under the
8532+optometry law.
8533+(c) "Licensee" means a person licensed under the optometry law to
8534+practice optometry.
44668535 (d) "Adapt" means the determination, selection, fitting or use of
4467-lenses, prisms, orthoptic exercises or visual training therapy for the aid
4468-of any insufficiencies or abnormal conditions of the eyes after or by
8536+lenses, prisms, orthoptic exercises or visual training therapy for the aid of
8537+any insufficiencies or abnormal conditions of the eyes after or by
44698538 examination or testing.
4470-(e) "Lenses" means any type of ophthalmic lenses, which are
4471-lenses prescribed or used for the aid of any insufficiencies or abnormal
4472-conditions of the eyes.
8539+(e) "Lenses" means any type of ophthalmic lenses, which are lenses
8540+prescribed or used for the aid of any insufficiencies or abnormal conditions
8541+of the eyes.
44738542 (f) "Prescription" means a verbal, written or electronic order
44748543 transmitted directly or by electronic means from a licensee giving or
4475-containing the name and address of the prescriber, the license
4476-registration number of the licensee, the name and address of the patient,
4477-the specifications and directions for lenses, prisms, orthoptic exercises,
4478-low vision rehabilitation services or visual training therapy to be used
4479-for the aid of any insufficiencies or abnormal conditions of the eyes,
4480-including instructions necessary for the fabrication or use thereof and
4481-the date of issue.
8544+containing the name and address of the prescriber, the license registration
8545+number of the licensee, the name and address of the patient, the
8546+specifications and directions for lenses, prisms, orthoptic exercises, low
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8590+vision rehabilitation services or visual training therapy to be used for the
8591+aid of any insufficiencies or abnormal conditions of the eyes, including
8592+instructions necessary for the fabrication or use thereof and the date of
8593+issue.
44828594 (g) "Prescription for topical pharmaceutical drugs or oral drugs"
44838595 means a verbal, written or electronic order transmitted directly or by
44848596 electronic means from a licensee giving or containing the name and
4485-address of the prescriber, the license registration number of the
4486-licensee, the name and address of the patient, the name and quantity of
4487-the drug prescribed, directions for use, the number of refills permitted, SENATE BILL No. 491—page 77
4488-the date of issue and expiration date.
8597+address of the prescriber, the license registration number of the licensee,
8598+the name and address of the patient, the name and quantity of the drug
8599+prescribed, directions for use, the number of refills permitted, the date of
8600+issue and expiration date.
44898601 (h) "Topical pharmaceutical drugs" means drugs administered
44908602 topically and not by other means.
44918603 (i) "Dispense" means to deliver prescription-only medication or
4492-ophthalmic lenses to the ultimate user pursuant to the lawful
4493-prescription of a licensee and dispensing of prescription-only
4494-medication by a licensee shall be limited to a twenty-four hour supply
4495-or minimal quantity necessary until a prescription can be filled by a
4496-licensed pharmacist, except that the twenty-four hour supply or
4497-minimal quantity shall not apply to lenses described in subsection (a)
4498-(2) of K.S.A. 65-1501(a)(2), and amendments thereto.
8604+ophthalmic lenses to the ultimate user pursuant to the lawful prescription
8605+of a licensee and dispensing of prescription-only medication by a licensee
8606+shall be limited to a twenty-four hour supply or minimal quantity
8607+necessary until a prescription can be filled by a licensed pharmacist,
8608+except that the twenty-four hour supply or minimal quantity shall not
8609+apply to lenses described in subsection (a)(2) of K.S.A. 65-1501(a)(2), and
8610+amendments thereto.
44998611 (j) "False advertisement" means any advertisement which is false,
4500-misleading or deceptive in a material respect. In determining whether
4501-any advertisement is misleading, there shall be taken into account not
4502-only representations made or suggested by statement, word, design,
4503-device, sound or any combination thereof, but also the extent to which
4504-the advertisement fails to reveal facts material in the light of such
8612+misleading or deceptive in a material respect. In determining whether any
8613+advertisement is misleading, there shall be taken into account not only
8614+representations made or suggested by statement, word, design, device,
8615+sound or any combination thereof, but also the extent to which the
8616+advertisement fails to reveal facts material in the light of such
45058617 representations made.
45068618 (k) "Advertisement" means all representations disseminated in any
4507-manner or by any means, for the purpose of inducing, or which are
4508-likely to induce, directly or indirectly, the purchase of professional
4509-services or ophthalmic goods.
4510-(l) "Health care Healthcare provider" shall have the meaning
4511-ascribed to that term in subsection (f) of K.S.A. 40-3401(f), and
4512-amendments thereto.
4513-(m) "Medical facility" shall have the meaning ascribed to that term
4514-in subsection (c) of K.S.A. 65-411(c), and amendments thereto.
8619+manner or by any means, for the purpose of inducing, or which are likely
8620+to induce, directly or indirectly, the purchase of professional services or
8621+ophthalmic goods.
8622+(l) "Health care Healthcare provider" shall have the meaning ascribed
8623+to that term in subsection (f) of K.S.A. 40-3401(f), and amendments
8624+thereto.
8625+(m) "Medical facility" shall have the meaning ascribed to that term in
8626+subsection (c) of K.S.A. 65-411(c), and amendments thereto.
45158627 (n) "Medical care facility" shall have the meaning ascribed to that
45168628 term in K.S.A. 65-425, and amendments thereto.
4517-(o) "Ophthalmologist" means a person licensed to practice
4518-medicine and surgery by the state board of healing arts who specializes
4519-in the diagnosis and medical and surgical treatment of diseases and
4520-defects of the human eye and related structures.
8629+(o) "Ophthalmologist" means a person licensed to practice medicine
8630+and surgery by the state board of healing arts who specializes in the
8631+diagnosis and medical and surgical treatment of diseases and defects of the
8632+human eye and related structures.
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45218676 (p) "Low vision rehabilitation services" means the evaluation,
45228677 diagnosis, management and care of the low vision patient including low
4523-vision rehabilitation therapy, education and interdisciplinary
4524-consultation under the direction and supervision of an ophthalmologist
4525-or optometrist.
4526-(q) "Oral drugs" means oral antibacterial drugs, oral antiviral
4527-drugs, oral antihistamines, oral analgesic drugs, oral steroids, oral
4528-antiglaucoma drugs and other oral drugs with clinically accepted ocular
4529-uses.
4530-(r) "Applicant" means a person who has submitted an application
4531-for a license to practice optometry.
8678+vision rehabilitation therapy, education and interdisciplinary consultation
8679+under the direction and supervision of an ophthalmologist or optometrist.
8680+(q) "Oral drugs" means oral antibacterial drugs, oral antiviral drugs,
8681+oral antihistamines, oral analgesic drugs, oral steroids, oral antiglaucoma
8682+drugs and other oral drugs with clinically accepted ocular uses.
8683+(r) "Applicant" means a person who has submitted an application for
8684+a license to practice optometry.
45328685 Sec. 48. K.S.A. 65-1505 is hereby amended to read as follows: 65-
4533-1505. (a) Persons entitled to practice optometry in Kansas shall be
4534-those persons licensed in accordance with the provisions of the
4535-optometry law. A person shall be qualified to be licensed and to receive
4536-a license as an optometrist: (1) Who is of good moral character; and in
4537-determining the moral character of any such person, the board may take
4538-into consideration any felony conviction of such person, but such
4539-conviction shall not automatically operate as a bar to licensure; (2) who
4540-has graduated from a school or college of optometry approved by the
4541-board; and (3) who successfully meets and completes the requirements
4542-set by the board and passes an examination given by the board.
4543-(b) All applicants for licensure, in addition to successfully
4544-completing all other requirements for licensure, shall submit evidence
4545-satisfactory to the board of professional liability insurance in an amount
4546-acceptable to the board. SENATE BILL No. 491—page 78
8686+1505. (a) Persons entitled to practice optometry in Kansas shall be those
8687+persons licensed in accordance with the provisions of the optometry law. A
8688+person shall be qualified to be licensed and to receive a license as an
8689+optometrist: (1) Who is of good moral character; and in determining the
8690+moral character of any such person, the board may take into consideration
8691+any felony conviction of such person, but such conviction shall not
8692+automatically operate as a bar to licensure; (2) who has graduated from a
8693+school or college of optometry approved by the board; and (3) who
8694+successfully meets and completes the requirements set by the board and
8695+passes an examination given by the board.
8696+(b) All applicants for licensure, in addition to successfully completing
8697+all other requirements for licensure, shall submit evidence satisfactory to
8698+the board of professional liability insurance in an amount acceptable to the
8699+board.
45478700 (c) Any person applying for examination by the board shall fill out
4548-and swear to an application furnished by the board, accompanied by a
4549-fee fixed by the board by rules and regulations in an amount of not to
4550-exceed $450, and file the same with the secretary of the board at least
4551-30 days prior to the holding of the examination. At such examinations
4552-the board shall examine each applicant in subjects taught in schools or
4553-colleges of optometry approved by the board, as may be required by the
4554-board. If such person complies with the other qualifications for
4555-licensing and passes such examination, such person shall receive from
4556-the board, upon the payment of a fee fixed by the board by rules and
4557-regulations in an amount of not to exceed $150, a license entitling such
4558-person to practice optometry. In the event of the failure on the part of
4559-the applicant to pass the first examination, such person may, with the
4560-consent of the board, within 18 months, by filing an application
4561-accompanied by a fee fixed by the board by rules and regulations in an
4562-amount of not to exceed $150, take a second examination; for the third
4563-and each subsequent examination a fee fixed by the board by rules and
4564-regulations in an amount of not to exceed $150. Any examination fee
4565-and license fee fixed by the board under this subsection which is in
4566-effect on the day preceding the effective date of this act shall continue
4567-in effect until the board adopts rules and regulations under this
4568-subsection fixing a different fee therefor.
8701+and swear to an application furnished by the board, accompanied by a fee
8702+fixed by the board by rules and regulations in an amount of not to exceed
8703+$450, and file the same with the secretary of the board at least 30 days
8704+prior to the holding of the examination. At such examinations the board
8705+shall examine each applicant in subjects taught in schools or colleges of
8706+optometry approved by the board, as may be required by the board. If such
8707+person complies with the other qualifications for licensing and passes such
8708+examination, such person shall receive from the board, upon the payment
8709+of a fee fixed by the board by rules and regulations in an amount of not to
8710+exceed $150, a license entitling such person to practice optometry. In the
8711+event of the failure on the part of the applicant to pass the first
8712+examination, such person may, with the consent of the board, within 18
8713+months, by filing an application accompanied by a fee fixed by the board
8714+by rules and regulations in an amount of not to exceed $150, take a second
8715+examination; for the third and each subsequent examination a fee fixed by
8716+the board by rules and regulations in an amount of not to exceed $150.
8717+Any examination fee and license fee fixed by the board under this
8718+subsection which is in effect on the day preceding the effective date of this
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8762+act shall continue in effect until the board adopts rules and regulations
8763+under this subsection fixing a different fee therefor.
45698764 (d) Any applicant for reciprocal licensure may in the board's
45708765 discretion be licensed and issued a license without examination if the
4571-applicant has been in the active practice of optometry in another state
4572-for at least the three-year period immediately preceding the application
4573-for reciprocal licensure and the applicant:
4574-(1) Presents a certified copy of a certificate of registration or
4575-license which has been issued to the applicant by another state where
4576-the requirements for licensure are deemed by the board to be equivalent
4577-to the requirements for licensure under this act, if such state accords a
4578-like privilege to holders of a license issued by the board;
4579-(2) submits a sworn statement of the licensing authority of such
4580-other state that the applicant's license has never been limited,
4581-suspended or revoked and that the applicant has never been censured or
4582-had other disciplinary action taken;
4583-(3) successfully passes an examination of Kansas law
4584-administered by the board and such clinical practice examination as the
4585-board deems necessary; and
8766+applicant has been in the active practice of optometry in another state for
8767+at least the three-year period immediately preceding the application for
8768+reciprocal licensure and the applicant:
8769+(1) Presents a certified copy of a certificate of registration or license
8770+which has been issued to the applicant by another state where the
8771+requirements for licensure are deemed by the board to be equivalent to the
8772+requirements for licensure under this act, if such state accords a like
8773+privilege to holders of a license issued by the board;
8774+(2) submits a sworn statement of the licensing authority of such other
8775+state that the applicant's license has never been limited, suspended or
8776+revoked and that the applicant has never been censured or had other
8777+disciplinary action taken;
8778+(3) successfully passes an examination of Kansas law administered
8779+by the board and such clinical practice examination as the board deems
8780+necessary; and
45868781 (4) pays the reciprocal license fixed by the board by rules and
4587-regulations in an amount of not to exceed $450. The reciprocal license
4588-fee fixed by the board under this subsection which is in effect on the
4589-day preceding the effective date of this act shall continue in effect until
4590-the board adopts rules and regulations under this subsection fixing a
4591-different fee therefor.
8782+regulations in an amount of not to exceed $450. The reciprocal license fee
8783+fixed by the board under this subsection which is in effect on the day
8784+preceding the effective date of this act shall continue in effect until the
8785+board adopts rules and regulations under this subsection fixing a different
8786+fee therefor.
45928787 (e) The board shall adopt rules and regulations establishing the
4593-criteria which a school or college of optometry shall satisfy in meeting
4594-the requirement of approval by the board established under subsection
4595-(a). The board may send a questionnaire developed by the board to any
4596-school or college of optometry for which the board does not have
4597-sufficient information to determine whether the school or college meets
4598-the requirements for approval and rules and regulations adopted under
4599-this act. The questionnaire providing the necessary information shall be
4600-completed and returned to the board in order for the school or college
4601-to be considered for approval. The board may contract with
4602-investigative agencies, commissions or consultants to assist the board
4603-in obtaining information about schools or colleges. In entering such
4604-contracts the authority to approve schools or colleges shall remain
4605-solely with the board. SENATE BILL No. 491—page 79
4606-(f) (1) The board may require an applicant for licensure or a
4607-licensee in connection with an investigation of the licensee to be
4608-fingerprinted and submit to a state and national criminal history record
4609-check in accordance with section 2, and amendments thereto. The
4610-fingerprints shall be used to identify the licensee or applicant for
4611-licensure and to determine whether the licensee or applicant for
4612-licensure has a record of criminal arrests and convictions in this state or
4613-other jurisdictions. The board is authorized to submit the fingerprints to
4614-the Kansas bureau of investigation, the federal bureau of investigation
4615-or any other law enforcement or criminal justice agency for a state and
4616-national criminal history record check. The board may use the
4617-information obtained through the criminal history record check for the
4618-purposes of verifying the identification of the licensee or applicant for
8788+criteria which a school or college of optometry shall satisfy in meeting the
8789+requirement of approval by the board established under subsection (a). The
8790+board may send a questionnaire developed by the board to any school or
8791+college of optometry for which the board does not have sufficient
8792+information to determine whether the school or college meets the
8793+requirements for approval and rules and regulations adopted under this act.
8794+The questionnaire providing the necessary information shall be completed
8795+and returned to the board in order for the school or college to be
8796+considered for approval. The board may contract with investigative
8797+agencies, commissions or consultants to assist the board in obtaining
8798+information about schools or colleges. In entering such contracts the
8799+authority to approve schools or colleges shall remain solely with the board.
8800+(f) (1) The board may require an applicant for licensure or a licensee
8801+in connection with an investigation of the licensee to be fingerprinted and
8802+submit to a state and national criminal history record check in accordance
8803+with section 2, and amendments thereto. The fingerprints shall be used to
8804+identify the licensee or applicant for licensure and to determine whether
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8848+the licensee or applicant for licensure has a record of criminal arrests and
8849+convictions in this state or other jurisdictions. The board is authorized to
8850+submit the fingerprints to the Kansas bureau of investigation, the federal
8851+bureau of investigation or any other law enforcement or criminal justice
8852+agency for a state and national criminal history record check. The board
8853+may use the information obtained through the criminal history record
8854+check for the purposes of verifying the identification of the licensee or
8855+applicant for licensure and in the official character and fitness
8856+determination of the licensee or applicant for licensure to practice
8857+optometry in this state.
8858+(2) Local and state law enforcement officers and agencies shall assist
8859+the board in taking and processing fingerprints of licensees and applicants
8860+for licensure and shall release to the board all records of adult convictions,
8861+arrests and nonconvictions in this state and all records of adult convictions,
8862+arrests and nonconvictions of any other state or country. The board may
8863+enter into agreements with the Kansas bureau of investigation, the federal
8864+bureau of investigation or any other law enforcement or criminal justice
8865+agency as necessary to carry out the duties of the board under this act.
8866+(3) The fingerprints and all information obtained from the criminal
8867+history record check shall be confidential and shall not be disclosed except
8868+to members of the board and agents and employees of the board as
8869+necessary to verify the identification of any licensee or applicant for
46198870 licensure and in the official character and fitness determination of the
4620-licensee or applicant for licensure to practice optometry in this state.
4621-(2) Local and state law enforcement officers and agencies shall
4622-assist the board in taking and processing fingerprints of licensees and
4623-applicants for licensure and shall release to the board all records of
4624-adult convictions, arrests and nonconvictions in this state and all
4625-records of adult convictions, arrests and nonconvictions of any other
4626-state or country. The board may enter into agreements with the Kansas
4627-bureau of investigation, the federal bureau of investigation or any other
4628-law enforcement or criminal justice agency as necessary to carry out
4629-the duties of the board under this act.
4630-(3) The fingerprints and all information obtained from the criminal
4631-history record check shall be confidential and shall not be disclosed
4632-except to members of the board and agents and employees of the board
4633-as necessary to verify the identification of any licensee or applicant for
4634-licensure and in the official character and fitness determination of the
4635-licensee or applicant for licensure to practice optometry in this state.
4636-Any other disclosure of such confidential information shall constitute a
4637-class A misdemeanor and shall constitute grounds for removal from
4638-office, termination of employment or denial, revocation or suspension
4639-of any license issued under this act.
8871+licensee or applicant for licensure to practice optometry in this state. Any
8872+other disclosure of such confidential information shall constitute a class A
8873+misdemeanor and shall constitute grounds for removal from office,
8874+termination of employment or denial, revocation or suspension of any
8875+license issued under this act.
46408876 (4)(2) (A) The board shall fix a fee for fingerprinting applicants or
4641-licensees in an amount necessary to reimburse the board for the cost of
4642-the fingerprinting. Fees collected under this subsection shall be
4643-deposited in the criminal history and fingerprinting fund.
4644-(B) There is hereby created in the state treasury the criminal
4645-history and fingerprinting fund. All moneys credited to the fund shall
4646-be used to pay all costs and fees associated with processing of
4647-fingerprints and criminal history checks for the board of examiners in
4648-optometry. The fund shall be administered by the board. All
4649-expenditures from the fund shall be made in accordance with
4650-appropriation acts upon warrants of the director of accounts and reports
4651-issued pursuant to vouchers approved by the president of the board or a
4652-person designated by the president.
8877+licensees in an amount necessary to reimburse the board for the cost of the
8878+fingerprinting. Fees collected under this subsection shall be deposited in
8879+the criminal history and fingerprinting fund.
8880+(B) There is hereby created in the state treasury the criminal history
8881+and fingerprinting fund. All moneys credited to the fund shall be used to
8882+pay all costs and fees associated with processing of fingerprints and
8883+criminal history checks for the board of examiners in optometry. The fund
8884+shall be administered by the board. All expenditures from the fund shall be
8885+made in accordance with appropriation acts upon warrants of the director
8886+of accounts and reports issued pursuant to vouchers approved by the
8887+president of the board or a person designated by the president.
46538888 Sec. 49. K.S.A. 2023 Supp. 65-1626 is hereby amended to read as
46548889 follows: 65-1626. As used in the pharmacy act of the state of Kansas:
46558890 (a) "Address" means, with respect to prescriptions, the physical
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46568934 address where a patient resides, including street address, city and state.
4657-(b) "Administer" means the direct application of a drug, whether
4658-by injection, inhalation, ingestion or any other means, to the body of a
4659-patient or research subject by:
4660-(1) A practitioner or pursuant to the lawful direction of a
4661-practitioner;
4662-(2) the patient or research subject at the direction and in the
4663-presence of the practitioner; or
4664-(3) a pharmacist as authorized in K.S.A. 65-1635a, and SENATE BILL No. 491—page 80
4665-amendments thereto, or K.S.A. 2023 Supp. 65-16,129, and
4666-amendments thereto.
4667-(c) "Agent" means an authorized person who acts on behalf of or
4668-at the direction of a manufacturer, repackager, wholesale distributor,
4669-third-party logistics provider or dispenser but does not include a
4670-common carrier, public warehouseman or employee of the carrier or
4671-warehouseman when acting in the usual and lawful course of the
4672-carrier's or warehouseman's business.
8935+(b) "Administer" means the direct application of a drug, whether by
8936+injection, inhalation, ingestion or any other means, to the body of a patient
8937+or research subject by:
8938+(1) A practitioner or pursuant to the lawful direction of a practitioner;
8939+(2) the patient or research subject at the direction and in the presence
8940+of the practitioner; or
8941+(3) a pharmacist as authorized in K.S.A. 65-1635a, and amendments
8942+thereto, or K.S.A. 2023 Supp. 65-16,129, and amendments thereto.
8943+(c) "Agent" means an authorized person who acts on behalf of or at
8944+the direction of a manufacturer, repackager, wholesale distributor, third-
8945+party logistics provider or dispenser but does not include a common
8946+carrier, public warehouseman or employee of the carrier or warehouseman
8947+when acting in the usual and lawful course of the carrier's or
8948+warehouseman's business.
46738949 (d) "Automated dispensing system" means a robotic or mechanical
46748950 system controlled by a computer that:
46758951 (1) Performs operations or activities, other than compounding or
4676-administration, relative to the storage, packaging, labeling, dispensing
4677-or distribution of drugs;
4678-(2) collects, controls and maintains all transaction information;
4679-and
8952+administration, relative to the storage, packaging, labeling, dispensing or
8953+distribution of drugs;
8954+(2) collects, controls and maintains all transaction information; and
46808955 (3) operates in accordance with the board's rules and regulations.
46818956 (e) "Biological product" means the same as defined in 42 U.S.C. §
46828957 262(i), as in effect on January 1, 2017.
4683-(f) "Board" means the state board of pharmacy created by K.S.A.
4684-74-1603, and amendments thereto.
8958+(f) "Board" means the state board of pharmacy created by K.S.A. 74-
8959+1603, and amendments thereto.
46858960 (g) "Brand exchange," in the case of a drug prescribed, means the
46868961 dispensing of a different drug product of the same dosage form and
46878962 strength and of the same generic name as the brand name drug product
4688-prescribed, and in the case of a biological product prescribed, means
4689-the dispensing of an interchangeable biological product.
8963+prescribed, and in the case of a biological product prescribed, means the
8964+dispensing of an interchangeable biological product.
46908965 (h) "Brand name" means the registered trademark name given to a
46918966 drug product by its manufacturer, labeler or distributor.
46928967 (i) "Co-licensed partner" means a person or pharmaceutical
46938968 manufacturer that has entered into an agreement with another
4694-pharmaceutical manufacturer or an affiliate of the manufacturer to
4695-engage in a business activity or occupation related to the manufacture
4696-or distribution of a product.
8969+pharmaceutical manufacturer or an affiliate of the manufacturer to engage
8970+in a business activity or occupation related to the manufacture or
8971+distribution of a product.
46978972 (j) "Common carrier" means any person who undertakes, whether
46988973 directly or by any other arrangement, to transport property, including
46998974 drugs, for compensation.
4700-(k) (1) "Compounding" means the combining of components into
4701-a compounded preparation under either of the following conditions:
8975+(k) (1) "Compounding" means the combining of components into a
8976+compounded preparation under either of the following conditions:
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47029020 (A) As the result of a practitioner's prescription drug order or
4703-initiative based on the practitioner-patient-pharmacist relationship in
4704-the course of professional practice to meet the specialized medical need
4705-of an individual patient of the practitioner that cannot be filled by an
4706-FDA-approved drug; or
4707-(B) for the purpose of, or incidental to, research, teaching or
4708-chemical analysis, and not for sale or dispensing.
9021+initiative based on the practitioner-patient-pharmacist relationship in the
9022+course of professional practice to meet the specialized medical need of an
9023+individual patient of the practitioner that cannot be filled by an FDA-
9024+approved drug; or
9025+(B) for the purpose of, or incidental to, research, teaching or chemical
9026+analysis, and not for sale or dispensing.
47099027 (2) Compounding includes the preparation of drugs or devices in
47109028 anticipation of receiving prescription drug orders based on routine,
47119029 regularly observed prescribing patterns.
47129030 (3) Compounding does not include reconstituting any mixed drug
47139031 according to the FDA-approved labeling for the drug.
47149032 (l) "Current good manufacturing practices" or "CGMP" means the
47159033 requirements for ensuring that drugs and drug products are consistently
4716-manufactured, repackaged, produced, stored and dispensed in
4717-accordance with 21 C.F.R. §§ 207, 210 and 211.
9034+manufactured, repackaged, produced, stored and dispensed in accordance
9035+with 21 C.F.R. §§ 207, 210 and 211.
47189036 (m) "DEA" means the United States department of justice, drug
47199037 enforcement administration.
47209038 (n) "Deliver" or "delivery" means the actual, constructive or
4721-attempted transfer from one person to another of any drug whether or
4722-not an agency relationship exists.
4723-(o) "Device" means an instrument, apparatus, implement, SENATE BILL No. 491—page 81
4724-machine, contrivance, implant, in vitro reagent or other similar or
4725-related article, including a component part or accessory that:
4726-(1) (A) Is recognized in the official national formulary, or the
4727-United States pharmacopoeia, or any supplement thereof;
4728-(B) is intended for use in the diagnosis of disease or other
4729-conditions;
4730-(C) is used for the cure, mitigation, treatment or prevention of
4731-disease in human or other animals; or
4732-(D) is intended to affect the structure or any function of the body
4733-of human or other animals; and
9039+attempted transfer from one person to another of any drug whether or not
9040+an agency relationship exists.
9041+(o) "Device" means an instrument, apparatus, implement, machine,
9042+contrivance, implant, in vitro reagent or other similar or related article,
9043+including a component part or accessory that:
9044+(1) (A) Is recognized in the official national formulary, or the United
9045+States pharmacopoeia, or any supplement thereof;
9046+(B) is intended for use in the diagnosis of disease or other conditions;
9047+(C) is used for the cure, mitigation, treatment or prevention of disease
9048+in human or other animals; or
9049+(D) is intended to affect the structure or any function of the body of
9050+human or other animals; and
47349051 (2) (A) does not achieve its primary intended purposes through
47359052 chemical action within or on the body of human or other animals; and
4736-(B) is not dependent upon being metabolized for the achievement
4737-of any of its primary intended purposes.
4738-(p) "Direct supervision" means the process by which the
4739-responsible pharmacist shall observe and direct the activities of a
4740-pharmacist intern or pharmacy technician, be readily and immediately
4741-available at all time activities are performed, provide personal
4742-assistance, direction and approval throughout the time the activities are
4743-performed and complete the final check before dispensing.
9053+(B) is not dependent upon being metabolized for the achievement of
9054+any of its primary intended purposes.
9055+(p) "Direct supervision" means the process by which the responsible
9056+pharmacist shall observe and direct the activities of a pharmacist intern or
9057+pharmacy technician, be readily and immediately available at all time
9058+activities are performed, provide personal assistance, direction and
9059+approval throughout the time the activities are performed and complete the
9060+final check before dispensing.
47449061 (q) "Dispense" or "dispensing" means to deliver prescription
47459062 medication to the ultimate user or research subject by or pursuant to the
4746-lawful order of a practitioner or pursuant to the prescription of a mid-
4747-level practitioner, including, but not limited to, delivering prescription
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9106+lawful order of a practitioner or pursuant to the prescription of a mid-level
9107+practitioner, including, but not limited to, delivering prescription
47489108 medication to a patient by mail, common carrier, personal delivery or
47499109 third-party delivery to any location requested by the patient.
47509110 (r) "Dispenser" means:
4751-(1) A practitioner or pharmacist who dispenses prescription drugs
4752-or devices or a physician assistant who has authority to dispense
4753-prescription-only drugs in accordance with K.S.A. 65-28a08(b), and
4754-amendments thereto; or
9111+(1) A practitioner or pharmacist who dispenses prescription drugs or
9112+devices or a physician assistant who has authority to dispense prescription-
9113+only drugs in accordance with K.S.A. 65-28a08(b), and amendments
9114+thereto; or
47559115 (2) a retail pharmacy, hospital pharmacy or group of pharmacies
47569116 under common ownership and control that do not act as a wholesale
47579117 distributor.
47589118 (s) "Distribute" or "distribution" means to deliver, offer to deliver,
4759-sell, offer to sell, purchase, trade, transfer, broker, give away, handle,
4760-store or receive, other than by administering or dispensing, any
4761-product, but does not include dispensing a product pursuant to a
4762-prescription executed in accordance with 21 U.S.C. § 353 or the
4763-dispensing of a product approved under 21 U.S.C. § 360b.
9119+sell, offer to sell, purchase, trade, transfer, broker, give away, handle, store
9120+or receive, other than by administering or dispensing, any product, but
9121+does not include dispensing a product pursuant to a prescription executed
9122+in accordance with 21 U.S.C. § 353 or the dispensing of a product
9123+approved under 21 U.S.C. § 360b.
47649124 (t) "Distributor" means a person or entity that distributes a drug or
47659125 device.
4766-(u) "Diversion" means the transfer of a controlled substance from
4767-a lawful to an unlawful channel of distribution or use.
4768-(v) "Drop shipment" means the sale, by a manufacturer,
4769-repackager or exclusive distributor, of the manufacturer's prescription
4770-drug to a wholesale distributor whereby the wholesale distributor takes
4771-title but not possession of such prescription drug and the wholesale
4772-distributor invoices the dispenser, and the dispenser receives delivery of
4773-the prescription drug directly from the manufacturer, repackager, third-
4774-party logistics provider or exclusive distributor, of such prescription
4775-drug.
9126+(u) "Diversion" means the transfer of a controlled substance from a
9127+lawful to an unlawful channel of distribution or use.
9128+(v) "Drop shipment" means the sale, by a manufacturer, repackager or
9129+exclusive distributor, of the manufacturer's prescription drug to a
9130+wholesale distributor whereby the wholesale distributor takes title but not
9131+possession of such prescription drug and the wholesale distributor invoices
9132+the dispenser, and the dispenser receives delivery of the prescription drug
9133+directly from the manufacturer, repackager, third-party logistics provider
9134+or exclusive distributor, of such prescription drug.
47769135 (w) "Drug" means articles:
4777-(1) Recognized in the official United States pharmacopeia, or
4778-other such official compendiums of the United States, or official
4779-national formulary, or any supplement to any of them;
9136+(1) Recognized in the official United States pharmacopeia, or other
9137+such official compendiums of the United States, or official national
9138+formulary, or any supplement to any of them;
47809139 (2) intended for use in the diagnosis, cure, mitigation, treatment or
47819140 prevention of disease in human or other animals;
4782-(3) other than food, intended to affect the structure or any function SENATE BILL No. 491—page 82
4783-of the body of human or other animals; and
9141+(3) other than food, intended to affect the structure or any function of
9142+the body of human or other animals; and
47849143 (4) intended for use as a component of any articles specified in
4785-paragraph (1), (2) or (3); but does not include devices or their
4786-components, parts or accessories, except that the term "drug" does not
4787-include amygdalin (laetrile) or any livestock remedy, if such livestock
4788-remedy had been registered in accordance with the provisions of article
4789-5 of chapter 47 of the Kansas Statutes Annotated, prior to its repeal.
9144+paragraph (1), (2) or (3); but does not include devices or their components,
9145+parts or accessories, except that the term "drug" does not include
9146+amygdalin (laetrile) or any livestock remedy, if such livestock remedy had
9147+been registered in accordance with the provisions of article 5 of chapter 47
9148+of the Kansas Statutes Annotated, prior to its repeal.
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47909192 (x) "Durable medical equipment" means equipment that:
4791-(1) Provides therapeutic benefits or enables an individual to
4792-perform certain tasks that the individual is unable to otherwise
4793-undertake due to certain medical conditions or illnesses;
9193+(1) Provides therapeutic benefits or enables an individual to perform
9194+certain tasks that the individual is unable to otherwise undertake due to
9195+certain medical conditions or illnesses;
47949196 (2) is primarily and customarily used to serve a medical purpose;
4795-(3) generally is not useful to a person in the absence of an illness
4796-or injury;
9197+(3) generally is not useful to a person in the absence of an illness or
9198+injury;
47979199 (4) can withstand repeated use;
47989200 (5) is appropriate for use in the home, long-term care facility or
4799-medical care facility, but may be transported to other locations to allow
4800-the individual to complete instrumental activities of daily living that are
4801-more complex tasks required for independent living; and
9201+medical care facility, but may be transported to other locations to allow the
9202+individual to complete instrumental activities of daily living that are more
9203+complex tasks required for independent living; and
48029204 (6) may include devices and medical supplies or other similar
4803-equipment determined by the board in rules and regulations adopted by
4804-the board.
9205+equipment determined by the board in rules and regulations adopted by the
9206+board.
48059207 (y) "Electronic prescription" means an electronically prepared
48069208 prescription that is authorized and transmitted from the prescriber to the
48079209 pharmacy by means of electronic transmission.
4808-(z) "Electronic prescription application" means software that is
4809-used to create electronic prescriptions and that is intended to be
4810-installed on the prescriber's computers and servers where access and
4811-records are controlled by the prescriber.
4812-(aa) "Electronic signature" means a confidential personalized
4813-digital key, code, number or other method for secure electronic data
4814-transmissions that identifies a particular person as the source of the
4815-message, authenticates the signatory of the message and indicates the
4816-person's approval of the information contained in the transmission.
9210+(z) "Electronic prescription application" means software that is used
9211+to create electronic prescriptions and that is intended to be installed on the
9212+prescriber's computers and servers where access and records are controlled
9213+by the prescriber.
9214+(aa) "Electronic signature" means a confidential personalized digital
9215+key, code, number or other method for secure electronic data transmissions
9216+that identifies a particular person as the source of the message,
9217+authenticates the signatory of the message and indicates the person's
9218+approval of the information contained in the transmission.
48179219 (bb) "Electronic transmission" means the transmission of an
48189220 electronic prescription, formatted as an electronic data file, from a
4819-prescriber's electronic prescription application to a pharmacy's
4820-computer, where the data file is imported into the pharmacy
4821-prescription application.
4822-(cc) "Electronically prepared prescription" means a prescription
4823-that is generated using an electronic prescription application.
9221+prescriber's electronic prescription application to a pharmacy's computer,
9222+where the data file is imported into the pharmacy prescription application.
9223+(cc) "Electronically prepared prescription" means a prescription that
9224+is generated using an electronic prescription application.
48249225 (dd) "Exclusive distributor" means the wholesale distributor that
48259226 directly purchased the product from the manufacturer and is the sole
48269227 distributor of that manufacturer's product to a subsequent repackager,
48279228 wholesale distributor or dispenser.
4828-(ee) "FDA" means the United States department of health and
4829-human services, food and drug administration.
9229+(ee) "FDA" means the United States department of health and human
9230+services, food and drug administration.
48309231 (ff) "Facsimile transmission" or "fax transmission" means the
4831-transmission of a digital image of a prescription from the prescriber or
4832-the prescriber's agent to the pharmacy. "Facsimile transmission"
4833-includes, but is not limited to, transmission of a written prescription
4834-between the prescriber's fax machine and the pharmacy's fax machine;
4835-transmission of an electronically prepared prescription from the
4836-prescriber's electronic prescription application to the pharmacy's fax
4837-machine, computer or printer; or transmission of an electronically
4838-prepared prescription from the prescriber's fax machine to the
4839-pharmacy's fax machine, computer or printer.
4840-(gg) "Generic name" means the established chemical name or
4841-official name of a drug or drug product. SENATE BILL No. 491—page 83
4842-(hh) "Healthcare entity" means any person that provides
4843-diagnostic, medical, surgical or dental treatment or rehabilitative care
4844-but does not include any retail pharmacy or wholesale distributor.
9232+transmission of a digital image of a prescription from the prescriber or the
9233+prescriber's agent to the pharmacy. "Facsimile transmission" includes, but
9234+is not limited to, transmission of a written prescription between the
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9277+43 SB 491 109
9278+prescriber's fax machine and the pharmacy's fax machine; transmission of
9279+an electronically prepared prescription from the prescriber's electronic
9280+prescription application to the pharmacy's fax machine, computer or
9281+printer; or transmission of an electronically prepared prescription from the
9282+prescriber's fax machine to the pharmacy's fax machine, computer or
9283+printer.
9284+(gg) "Generic name" means the established chemical name or official
9285+name of a drug or drug product.
9286+(hh) "Healthcare entity" means any person that provides diagnostic,
9287+medical, surgical or dental treatment or rehabilitative care but does not
9288+include any retail pharmacy or wholesale distributor.
48459289 (ii) (1) "Institutional drug room" means any location where
4846-prescription-only drugs are stored and from which prescription-only
4847-drugs are administered or dispensed and that is maintained or operated
4848-for the purpose of providing the drug needs of:
9290+prescription-only drugs are stored and from which prescription-only drugs
9291+are administered or dispensed and that is maintained or operated for the
9292+purpose of providing the drug needs of:
48499293 (A) Inmates of a jail or correctional institution or facility;
4850-(B) residents of a juvenile correctional facility or juvenile
4851-detention facility, as defined in K.S.A. 38-2302, and amendments
4852-thereto;
4853-(C) students of a public or private university or college, a
4854-community college or any other institution of higher learning that is
4855-located in Kansas;
9294+(B) residents of a juvenile correctional facility or juvenile detention
9295+facility, as defined in K.S.A. 38-2302, and amendments thereto;
9296+(C) students of a public or private university or college, a community
9297+college or any other institution of higher learning that is located in Kansas;
48569298 (D) employees of a business or other employer; or
48579299 (E) persons receiving inpatient hospice services.
48589300 (2) "Institutional drug room" does not include:
48599301 (A) Any registered pharmacy;
48609302 (B) any office of a practitioner; or
4861-(C) a location where no prescription-only drugs are dispensed and
4862-no prescription-only drugs other than individual prescriptions are stored
4863-or administered.
4864-(jj) "Interchangeable biological product" means a biological
4865-product that the FDA has identified in the "purple book: lists of
4866-licensed biological products with reference product exclusivity and
4867-biosimilarity or interchangeability evaluations" as meeting the
4868-standards for "interchangeability" as defined in 42 U.S.C. § 262(k), as
4869-in effect on January 1, 2017.
9303+(C) a location where no prescription-only drugs are dispensed and no
9304+prescription-only drugs other than individual prescriptions are stored or
9305+administered.
9306+(jj) "Interchangeable biological product" means a biological product
9307+that the FDA has identified in the "purple book: lists of licensed biological
9308+products with reference product exclusivity and biosimilarity or
9309+interchangeability evaluations" as meeting the standards for
9310+"interchangeability" as defined in 42 U.S.C. § 262(k), as in effect on
9311+January 1, 2017.
48709312 (kk) "Intracompany transaction" means any transaction or transfer
4871-between any division, subsidiary, parent or affiliated or related
4872-company under common ownership or control of a corporate entity, or
4873-any transaction or transfer between co-licensed partners.
9313+between any division, subsidiary, parent or affiliated or related company
9314+under common ownership or control of a corporate entity, or any
9315+transaction or transfer between co-licensed partners.
48749316 (ll) "Label" means a display of written, printed or graphic matter
48759317 upon the immediate container of any drug.
4876-(mm) "Labeling" means the process of preparing and affixing a
4877-label to any drug container, exclusive of the labeling by a manufacturer,
4878-packer or distributor of a non-prescription drug or commercially
4879-packaged legend drug.
9318+(mm) "Labeling" means the process of preparing and affixing a label
9319+to any drug container, exclusive of the labeling by a manufacturer, packer
9320+or distributor of a non-prescription drug or commercially packaged legend
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9363+43 SB 491 110
9364+drug.
48809365 (nn) "Fingerprint candidate" means a person who has made an
48819366 original application for or reinstatement of any license, registration,
48829367 permit or certificate under this act or a person who currently holds a
48839368 license, registration, permit or certificate under this act.
4884-(oo) "Long-term care facility" means "nursing facility," as defined
4885-in K.S.A. 39-923, and amendments thereto.
4886-(oo)(pp) "Medical care facility" means the same as defined in
4887-K.S.A. 65-425, and amendments thereto, and also includes psychiatric
4888-hospitals and psychiatric residential treatment facilities as defined by
4889-K.S.A. 39-2002, and amendments thereto.
9369+(oo) "Long-term care facility" means "nursing facility," as defined in
9370+K.S.A. 39-923, and amendments thereto.
9371+(oo)(pp) "Medical care facility" means the same as defined in K.S.A.
9372+65-425, and amendments thereto, and also includes psychiatric hospitals
9373+and psychiatric residential treatment facilities as defined by K.S.A. 39-
9374+2002, and amendments thereto.
48909375 (pp)(qq) "Manufacture" means the production, preparation,
48919376 propagation, compounding, conversion or processing of a drug either
48929377 directly or indirectly by extraction from substances of natural origin,
48939378 independently by means of chemical or biological synthesis or by a
48949379 combination of extraction and chemical or biological synthesis or the
48959380 packaging or repackaging of the drug or labeling or relabeling of its
48969381 container, except that this term does not include the preparation or
4897-compounding of a drug by an individual for the individual's own use or
4898-the preparation, compounding, packaging or labeling of a drug by:
4899-(1) A practitioner or a practitioner's authorized agent incident to
4900-such practitioner's administering or dispensing of a drug in the course SENATE BILL No. 491—page 84
4901-of the practitioner's professional practice;
9382+compounding of a drug by an individual for the individual's own use or the
9383+preparation, compounding, packaging or labeling of a drug by:
9384+(1) A practitioner or a practitioner's authorized agent incident to such
9385+practitioner's administering or dispensing of a drug in the course of the
9386+practitioner's professional practice;
49029387 (2) a practitioner, by a practitioner's authorized agent or under a
4903-practitioner's supervision for the purpose of, or as an incident to,
4904-research, teaching or chemical analysis and not for sale; or
4905-(3) a pharmacist or the pharmacist's authorized agent acting under
4906-the direct supervision of the pharmacist for the purpose of, or incident
4907-to, the dispensing of a drug by the pharmacist.
9388+practitioner's supervision for the purpose of, or as an incident to, research,
9389+teaching or chemical analysis and not for sale; or
9390+(3) a pharmacist or the pharmacist's authorized agent acting under the
9391+direct supervision of the pharmacist for the purpose of, or incident to, the
9392+dispensing of a drug by the pharmacist.
49089393 (qq)(rr) "Manufacturer" means:
4909-(1) A person that holds an application approved under section 505
4910-of the federal food, drug and cosmetic act or a license issued under
4911-section 351 of the federal public health service act for such drug or, if
4912-such drug is not the subject of an approved application or license, the
4913-person who manufactured the drug;
4914-(2) a co-licensed partner of the person described in paragraph (1)
4915-that obtains the drug directly from a person described in paragraph (1)
4916-or (3); or
9394+(1) A person that holds an application approved under section 505 of
9395+the federal food, drug and cosmetic act or a license issued under section
9396+351 of the federal public health service act for such drug or, if such drug is
9397+not the subject of an approved application or license, the person who
9398+manufactured the drug;
9399+(2) a co-licensed partner of the person described in paragraph (1) that
9400+obtains the drug directly from a person described in paragraph (1) or (3);
9401+or
49179402 (3) an affiliate of a person described in paragraph (1) or (2) that
4918-receives the product directly from a person described in paragraph (1)
4919-or (2).
9403+receives the product directly from a person described in paragraph (1) or
9404+(2).
49209405 (rr)(ss) "Medication order" means a written or oral order by a
4921-prescriber or the prescriber's authorized agent for administration of a
4922-drug or device to a patient in a Kansas licensed medical care facility or
4923-in a Kansas licensed nursing facility or nursing facility for mental
4924-health, as such terms are defined by K.S.A. 39-923, and amendments
4925-thereto.
9406+prescriber or the prescriber's authorized agent for administration of a drug
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9449+43 SB 491 111
9450+or device to a patient in a Kansas licensed medical care facility or in a
9451+Kansas licensed nursing facility or nursing facility for mental health, as
9452+such terms are defined by K.S.A. 39-923, and amendments thereto.
49269453 (ss)(tt) "Mid-level practitioner" means a certified nurse-midwife
4927-engaging in the independent practice of midwifery under the
4928-independent practice of midwifery act, an advanced practice registered
4929-nurse issued a license pursuant to K.S.A. 65-1131, and amendments
4930-thereto, who has authority to prescribe drugs under K.S.A. 65-1130,
4931-and amendments thereto, or a physician assistant licensed pursuant to
4932-the physician assistant licensure act who has authority to prescribe
4933-drugs pursuant to a written agreement with a supervising physician
4934-under K.S.A. 65-28a08, and amendments thereto.
4935-(tt)(uu) "Nonresident pharmacy" means a pharmacy located
4936-outside of Kansas.
9454+engaging in the independent practice of midwifery under the independent
9455+practice of midwifery act, an advanced practice registered nurse issued a
9456+license pursuant to K.S.A. 65-1131, and amendments thereto, who has
9457+authority to prescribe drugs under K.S.A. 65-1130, and amendments
9458+thereto, or a physician assistant licensed pursuant to the physician assistant
9459+licensure act who has authority to prescribe drugs pursuant to a written
9460+agreement with a supervising physician under K.S.A. 65-28a08, and
9461+amendments thereto.
9462+(tt)(uu) "Nonresident pharmacy" means a pharmacy located outside
9463+of Kansas.
49379464 (uu)(vv) "Outsourcing facility" means a facility at one geographic
4938-location or address that is engaged in the compounding of sterile drugs
4939-and has registered with the FDA as an outsourcing facility pursuant to
4940-21 U.S.C. § 353b.
9465+location or address that is engaged in the compounding of sterile drugs and
9466+has registered with the FDA as an outsourcing facility pursuant to 21
9467+U.S.C. § 353b.
49419468 (vv)(ww) "Person" means individual, corporation, government,
4942-governmental subdivision or agency, partnership, association or any
4943-other legal entity.
4944-(ww)(xx) "Pharmacist" means any natural person licensed under
4945-this act to practice pharmacy.
9469+governmental subdivision or agency, partnership, association or any other
9470+legal entity.
9471+(ww)(xx) "Pharmacist" means any natural person licensed under this
9472+act to practice pharmacy.
49469473 (xx)(yy) "Pharmacist-in-charge" means the pharmacist who is
4947-responsible to the board for a registered establishment's compliance
4948-with the laws and regulations of this state pertaining to the practice of
9474+responsible to the board for a registered establishment's compliance with
9475+the laws and regulations of this state pertaining to the practice of
49499476 pharmacy, manufacturing of drugs and the distribution of drugs. The
4950-pharmacist-in-charge shall supervise such establishment on a full-time
4951-or a part-time basis and perform such other duties relating to
4952-supervision of a registered establishment as may be prescribed by the
4953-board by rules and regulations. Nothing in this definition shall relieve
4954-other pharmacists or persons from their responsibility to comply with
4955-state and federal laws and regulations.
9477+pharmacist-in-charge shall supervise such establishment on a full-time or a
9478+part-time basis and perform such other duties relating to supervision of a
9479+registered establishment as may be prescribed by the board by rules and
9480+regulations. Nothing in this definition shall relieve other pharmacists or
9481+persons from their responsibility to comply with state and federal laws and
9482+regulations.
49569483 (yy)(zz) "Pharmacist intern" or "intern" means:
49579484 (1) A student currently enrolled in and in good standing with an
49589485 accredited pharmacy program;
4959-(2) a graduate of an accredited pharmacy program serving an SENATE BILL No. 491—page 85
9486+(2) a graduate of an accredited pharmacy program serving an
49609487 internship; or
4961-(3) a graduate of a pharmacy program located outside of the
4962-United States that is not accredited and who has successfully passed
4963-equivalency examinations approved by the board.
4964-(zz)(aaa) "Pharmacy," "drugstore" or "apothecary" means
4965-premises, laboratory, area or other place, including any electronic
4966-medium:
9488+(3) a graduate of a pharmacy program located outside of the United
9489+States that is not accredited and who has successfully passed equivalency
9490+examinations approved by the board.
9491+(zz)(aaa) "Pharmacy," "drugstore" or "apothecary" means premises,
9492+laboratory, area or other place, including any electronic medium:
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49679536 (1) Where drugs are offered for sale where the profession of
49689537 pharmacy is practiced and where prescriptions are compounded and
49699538 dispensed;
49709539 (2) that has displayed upon it or within it the words "pharmacist,"
49719540 "pharmaceutical chemist," "pharmacy," "apothecary," "drugstore,"
4972-"druggist," "drugs," "drug sundries" or any of these words or
4973-combinations of these words or words of similar import in any
4974-language or on any sign containing any of these words as used in the
4975-context of health, medical or pharmaceutical care or services; or
4976-(3) where the characteristic symbols of pharmacy or the
4977-characteristic prescription sign "Rx" may be exhibited in the context of
4978-health, medical or pharmaceutical care or services. As used in this
4979-subsection, premises refers only to the portion of any building or
4980-structure leased, used or controlled by the licensee in the conduct of the
4981-business registered by the board at the address for which the
4982-registration was issued.
4983-(aaa)(bbb) "Pharmacy prescription application" means software
4984-that is used to process prescription information and is either installed
4985-on a pharmacy's computers or servers and is controlled by the
4986-pharmacy or is maintained on the servers of an entity that sells
4987-electronic pharmacy prescription applications as a hosted service where
4988-the entity controls access to the application and maintains the software
4989-and records on its server.
9541+"druggist," "drugs," "drug sundries" or any of these words or combinations
9542+of these words or words of similar import in any language or on any sign
9543+containing any of these words as used in the context of health, medical or
9544+pharmaceutical care or services; or
9545+(3) where the characteristic symbols of pharmacy or the characteristic
9546+prescription sign "Rx" may be exhibited in the context of health, medical
9547+or pharmaceutical care or services. As used in this subsection, premises
9548+refers only to the portion of any building or structure leased, used or
9549+controlled by the licensee in the conduct of the business registered by the
9550+board at the address for which the registration was issued.
9551+(aaa)(bbb) "Pharmacy prescription application" means software that
9552+is used to process prescription information and is either installed on a
9553+pharmacy's computers or servers and is controlled by the pharmacy or is
9554+maintained on the servers of an entity that sells electronic pharmacy
9555+prescription applications as a hosted service where the entity controls
9556+access to the application and maintains the software and records on its
9557+server.
49909558 (bbb)(ccc) "Pharmacy technician" means an individual who, under
49919559 the direct supervision and control of a pharmacist, may perform
4992-packaging, manipulative, repetitive or other nondiscretionary tasks
4993-related to the processing of a prescription or medication order and who
4994-assists the pharmacist in the performance of pharmacy-related duties,
4995-but who does not perform duties restricted to a pharmacist.
9560+packaging, manipulative, repetitive or other nondiscretionary tasks related
9561+to the processing of a prescription or medication order and who assists the
9562+pharmacist in the performance of pharmacy-related duties, but who does
9563+not perform duties restricted to a pharmacist.
49969564 (ccc)(ddd) "Practitioner" means a person licensed to practice
49979565 medicine and surgery, dentist, podiatrist, veterinarian, optometrist or
49989566 scientific investigator or other person authorized by law to use a
49999567 prescription-only drug in teaching or chemical analysis or to conduct
50009568 research with respect to a prescription-only drug.
5001-(ddd)(eee) "Preceptor" means a licensed pharmacist who
5002-possesses at least two years' experience as a pharmacist and who
5003-supervises and is responsible for the actions of pharmacist interns
5004-obtaining pharmaceutical experience.
5005-(eee)(fff) "Prescriber" means a practitioner or a mid-level
5006-practitioner.
5007-(fff)(ggg) "Prescription" or "prescription order" means the front
5008-and back of a lawful written, electronic or facsimile order from a
5009-prescriber or an oral order from a prescriber or the prescriber's
5010-authorized agent that communicates the prescriber's instructions for a
5011-prescription drug or device to be dispensed.
5012-(ggg)(hhh) "Prescription medication" means any drug, including
5013-label and container according to context, that is dispensed pursuant to a
9569+(ddd)(eee) "Preceptor" means a licensed pharmacist who possesses at
9570+least two years' experience as a pharmacist and who supervises and is
9571+responsible for the actions of pharmacist interns obtaining pharmaceutical
9572+experience.
9573+(eee)(fff) "Prescriber" means a practitioner or a mid-level practitioner.
9574+(fff)(ggg) "Prescription" or "prescription order" means the front and
9575+back of a lawful written, electronic or facsimile order from a prescriber or
9576+an oral order from a prescriber or the prescriber's authorized agent that
9577+communicates the prescriber's instructions for a prescription drug or
9578+device to be dispensed.
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9621+43 SB 491 113
9622+(ggg)(hhh) "Prescription medication" means any drug, including label
9623+and container according to context, that is dispensed pursuant to a
50149624 prescription order.
5015-(hhh)(iii) "Prescription-only drug" means any drug whether
5016-intended for use by human or animal, required by federal or state law,
5017-including 21 U.S.C. § 353, to be dispensed only pursuant to a written or
5018-oral prescription or order of a practitioner or is restricted to use by SENATE BILL No. 491—page 86
5019-practitioners only.
9625+(hhh)(iii) "Prescription-only drug" means any drug whether intended
9626+for use by human or animal, required by federal or state law, including 21
9627+U.S.C. § 353, to be dispensed only pursuant to a written or oral
9628+prescription or order of a practitioner or is restricted to use by practitioners
9629+only.
50209630 (iii)(jjj) "Probation" means the practice or operation under a
50219631 temporary license, registration or permit or a conditional license,
50229632 registration or permit of a business or profession for which a license,
5023-registration or permit is granted by the board under the provisions of
5024-the pharmacy act of the state of Kansas requiring certain actions to be
9633+registration or permit is granted by the board under the provisions of the
9634+pharmacy act of the state of Kansas requiring certain actions to be
50259635 accomplished or certain actions not to occur before a regular license,
50269636 registration or permit is issued.
5027-(jjj)(lll) "Product" means the same as defined by part H of the
5028-federal drug supply chain security act, 21 U.S.C. § 351 et seq. and 21
5029-U.S.C. § 360eee.
9637+(jjj)(lll) "Product" means the same as defined by part H of the federal
9638+drug supply chain security act, 21 U.S.C. § 351 et seq. and 21 U.S.C. §
9639+360eee.
50309640 (lll)(mmm) "Professional incompetency" means:
50319641 (1) One or more instances involving failure to adhere to the
50329642 applicable standard of pharmaceutical care to a degree that constitutes
50339643 gross negligence, as determined by the board;
50349644 (2) repeated instances involving failure to adhere to the applicable
50359645 standard of pharmaceutical care to a degree that constitutes ordinary
50369646 negligence, as determined by the board; or
5037-(3) a pattern of pharmacy practice or other behavior that
5038-demonstrates a manifest incapacity or incompetence to practice
5039-pharmacy.
5040-(mmm)(nnn) "Readily retrievable" or "readily available" means
5041-that records kept in hard copy or by automatic data processing
5042-applications or other electronic or mechanized record-keeping systems
5043-can be separated out from all other records quickly and easily during an
5044-inspection or investigation, or within a reasonable time not to exceed
5045-48 hours of a written request from the board or other authorized agent.
9647+(3) a pattern of pharmacy practice or other behavior that demonstrates
9648+a manifest incapacity or incompetence to practice pharmacy.
9649+(mmm)(nnn) "Readily retrievable" or "readily available" means that
9650+records kept in hard copy or by automatic data processing applications or
9651+other electronic or mechanized record-keeping systems can be separated
9652+out from all other records quickly and easily during an inspection or
9653+investigation, or within a reasonable time not to exceed 48 hours of a
9654+written request from the board or other authorized agent.
50469655 (nnn)(ooo) "Repackage" means changing the container, wrapper,
50479656 quantity or label of a drug to further the distribution of the drug.
50489657 (ooo)(ppp) "Repackager" means a person who owns or operates a
50499658 facility that repackages.
50509659 (ppp)(qqq) "Retail dealer" means a person selling at retail
50519660 nonprescription drugs that are prepackaged, fully prepared by the
50529661 manufacturer or distributor for use by the consumer and labeled in
5053-accordance with the requirements of the state and federal food, drug
5054-and cosmetic acts. Such nonprescription drugs shall not include: (1) A
5055-controlled substance; (2) a prescription-only drug; or (3) a drug
5056-intended for human use by hypodermic injection.
9662+accordance with the requirements of the state and federal food, drug and
9663+cosmetic acts. Such nonprescription drugs shall not include: (1) A
9664+controlled substance; (2) a prescription-only drug; or (3) a drug intended
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9708+for human use by hypodermic injection.
50579709 (qqq)(rrr) "Reverse distributor" means a person who owns or
5058-operates an establishment that disposes of or otherwise processes
5059-saleable or nonsaleable products received from an authorized trading
5060-partner such that the product may be processed for credit to the
5061-purchaser, manufacturer or seller or disposed of for no further
5062-distribution.
9710+operates an establishment that disposes of or otherwise processes saleable
9711+or nonsaleable products received from an authorized trading partner such
9712+that the product may be processed for credit to the purchaser, manufacturer
9713+or seller or disposed of for no further distribution.
50639714 (rrr)(sss) "Secretary" means the executive secretary of the board.
50649715 (sss)(ttt) "Third-party logistics provider" means an entity that
5065-provides or coordinates warehousing or other logistic services of a
5066-product in interstate commerce on behalf of a manufacturer, wholesale
5067-distributor or dispenser, but does not take ownership of the product or
5068-have responsibility to direct the sale or disposition of the product.
9716+provides or coordinates warehousing or other logistic services of a product
9717+in interstate commerce on behalf of a manufacturer, wholesale distributor
9718+or dispenser, but does not take ownership of the product or have
9719+responsibility to direct the sale or disposition of the product.
50699720 (ttt)(uuu) "Trading partner" means:
50709721 (1) A manufacturer, repackager, wholesale distributor or dispenser
5071-from whom a manufacturer, repackager, wholesale distributor or
5072-dispenser accepts direct ownership of a product or to whom a
5073-manufacturer, repackager, wholesale distributor or dispenser transfers
5074-direct ownership of a product; or
9722+from whom a manufacturer, repackager, wholesale distributor or dispenser
9723+accepts direct ownership of a product or to whom a manufacturer,
9724+repackager, wholesale distributor or dispenser transfers direct ownership of
9725+a product; or
50759726 (2) a third-party logistics provider from whom a manufacturer,
5076-repackager, wholesale distributor or dispenser accepts direct possession
5077-of a product or to whom a manufacturer, repackager, wholesale SENATE BILL No. 491—page 87
5078-distributor or dispenser transfers direct possession of a product.
9727+repackager, wholesale distributor or dispenser accepts direct possession of
9728+a product or to whom a manufacturer, repackager, wholesale distributor or
9729+dispenser transfers direct possession of a product.
50799730 (uuu)(vvv) "Transaction" means the transfer of product between
50809731 persons in which a change of ownership occurs.
50819732 (vvv)(www) "Unprofessional conduct" means:
50829733 (1) Fraud in securing a registration or permit;
50839734 (2) intentional adulteration or mislabeling of any drug, medicine,
50849735 chemical or poison;
5085-(3) causing any drug, medicine, chemical or poison to be
5086-adulterated or mislabeled, knowing the same to be adulterated or
5087-mislabeled;
9736+(3) causing any drug, medicine, chemical or poison to be adulterated
9737+or mislabeled, knowing the same to be adulterated or mislabeled;
50889738 (4) intentionally falsifying or altering records or prescriptions;
5089-(5) unlawful possession of drugs and unlawful diversion of drugs
5090-to others;
5091-(6) willful betrayal of confidential information under K.S.A. 65-
5092-1654, and amendments thereto;
9739+(5) unlawful possession of drugs and unlawful diversion of drugs to
9740+others;
9741+(6) willful betrayal of confidential information under K.S.A. 65-1654,
9742+and amendments thereto;
50939743 (7) conduct likely to deceive, defraud or harm the public;
50949744 (8) making a false or misleading statement regarding the licensee's
50959745 professional practice or the efficacy or value of a drug;
50969746 (9) commission of any act of sexual abuse, misconduct or
50979747 exploitation related to the licensee's professional practice; or
5098-(10) performing unnecessary tests, examinations or services that
5099-have no legitimate pharmaceutical purpose.
5100-(www)(xxx) "Vaccination protocol" means a written protocol,
5101-agreed to and signed by a pharmacist and a person licensed to practice
5102-medicine and surgery by the state board of healing arts, that establishes
5103-procedures and recordkeeping and reporting requirements for
5104-administering a vaccine by the pharmacist for a period of time specified
5105-therein, not to exceed two years.
9748+(10) performing unnecessary tests, examinations or services that have
9749+no legitimate pharmaceutical purpose.
9750+(www)(xxx) "Vaccination protocol" means a written protocol, agreed
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9794+to and signed by a pharmacist and a person licensed to practice medicine
9795+and surgery by the state board of healing arts, that establishes procedures
9796+and recordkeeping and reporting requirements for administering a vaccine
9797+by the pharmacist for a period of time specified therein, not to exceed two
9798+years.
51069799 (xxx)(yyy) "Valid prescription order" means a prescription that is
51079800 issued for a legitimate medical purpose by an individual prescriber
5108-licensed by law to administer and prescribe drugs and acting in the
5109-usual course of such prescriber's professional practice. A prescription
5110-issued solely on the basis of an internet-based questionnaire or
5111-consultation without an appropriate prescriber-patient relationship is
5112-not a valid prescription order.
9801+licensed by law to administer and prescribe drugs and acting in the usual
9802+course of such prescriber's professional practice. A prescription issued
9803+solely on the basis of an internet-based questionnaire or consultation
9804+without an appropriate prescriber-patient relationship is not a valid
9805+prescription order.
51139806 (yyy)(zzz) "Veterinary medical teaching hospital pharmacy" means
51149807 any location where prescription-only drugs are stored as part of an
51159808 accredited college of veterinary medicine and from which prescription-
51169809 only drugs are distributed for use in treatment of or administration to a
51179810 nonhuman.
5118-(zzz)(aaaa) "Virtual manufacturer" means an entity that engages
5119-in the manufacture of a drug or device for which it:
9811+(zzz)(aaaa) "Virtual manufacturer" means an entity that engages in
9812+the manufacture of a drug or device for which it:
51209813 (1) Owns the new drug application or abbreviated new drug
51219814 application number, if a prescription drug;
5122-(2) owns the unique device identification number, as available, for
5123-a prescription device;
9815+(2) owns the unique device identification number, as available, for a
9816+prescription device;
51249817 (3) contracts with a contract manufacturing organization for the
51259818 physical manufacture of the drug or device;
5126-(4) is not involved in the physical manufacture of the drug or
5127-device; and
5128-(5) does not store or take physical possession of the drug or
5129-device.
9819+(4) is not involved in the physical manufacture of the drug or device;
9820+and
9821+(5) does not store or take physical possession of the drug or device.
51309822 (aaaa)(bbbb) "Virtual wholesale distributor" means a wholesale
51319823 distributor that sells, brokers or transfers a drug or device but never
51329824 physically possesses the product.
5133-(bbbb)(cccc) "Wholesale distributor" means any person engaged
5134-in wholesale distribution or reverse distribution of drugs or devices,
5135-other than a manufacturer, co-licensed partner or third-party logistics
5136-provider. SENATE BILL No. 491—page 88
9825+(bbbb)(cccc) "Wholesale distributor" means any person engaged in
9826+wholesale distribution or reverse distribution of drugs or devices, other
9827+than a manufacturer, co-licensed partner or third-party logistics provider.
51379828 (cccc)(dddd) "Wholesale distribution" means the distribution or
51389829 receipt of drugs or devices to or by persons other than consumers or
5139-patients, in which a change of ownership occurs. "Wholesale
5140-distribution" does not include:
9830+patients, in which a change of ownership occurs. "Wholesale distribution"
9831+does not include:
51419832 (1) The dispensing of a drug or device pursuant to a prescription;
5142-(2) the distribution of a drug or device or an offer to distribute a
5143-drug or device for emergency medical reasons, including a public
5144-health emergency declaration pursuant to section 319 of the public
5145-health service act, except that, for purposes of this paragraph, a drug or
5146-device shortage not caused by a public health emergency shall not
5147-constitute an emergency medical reason;
9833+(2) the distribution of a drug or device or an offer to distribute a drug
9834+or device for emergency medical reasons, including a public health
9835+emergency declaration pursuant to section 319 of the public health service
9836+act, except that, for purposes of this paragraph, a drug or device shortage
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9880+not caused by a public health emergency shall not constitute an emergency
9881+medical reason;
51489882 (3) intracompany distribution;
5149-(4) the distribution of a drug or device, or an offer to distribute a
5150-drug or device, among hospitals or other healthcare entities under
5151-common control;
9883+(4) the distribution of a drug or device, or an offer to distribute a drug
9884+or device, among hospitals or other healthcare entities under common
9885+control;
51529886 (5) the distribution of a drug or device, or the offer to distribute a
5153-drug or device, by a charitable organization described in section 501(c)
5154-(3) of the internal revenue code of 1986 to a nonprofit affiliate of the
9887+drug or device, by a charitable organization described in section 501(c)(3)
9888+of the internal revenue code of 1986 to a nonprofit affiliate of the
51559889 organization to the extent otherwise permitted by law;
51569890 (6) the distribution of an intravenous drug used to maintain the
5157-equilibrium of water and minerals in the body, such as dialysis
5158-solutions; or
5159-(7) the sale or transfer from a retail pharmacy of expired,
5160-damaged, returned or recalled prescription drugs to the original
5161-manufacturer, originating wholesale distributor or to a reverse
5162-distributor registered in accordance with the board's rules and
5163-regulations.
9891+equilibrium of water and minerals in the body, such as dialysis solutions;
9892+or
9893+(7) the sale or transfer from a retail pharmacy of expired, damaged,
9894+returned or recalled prescription drugs to the original manufacturer,
9895+originating wholesale distributor or to a reverse distributor registered in
9896+accordance with the board's rules and regulations.
51649897 Sec. 50. K.S.A. 65-1696 is hereby amended to read as follows: 65-
51659898 1696. (a) As part of an original application for or reinstatement of any
51669899 license, registration, permit or certificate or in connection with any
5167-investigation of any holder of a license, registration, permit or
5168-certificate, The state board of pharmacy may require a person
5169-fingerprint candidate to be fingerprinted and submit to a state and
5170-national criminal history record check in accordance with section 2,
5171-and amendments thereto. The fingerprints shall be used to identify the
5172-person and to determine whether the person has a record of criminal
5173-history in this state or other jurisdiction. The state board of pharmacy is
5174-authorized to submit the fingerprints to the Kansas bureau of
5175-investigation and the federal bureau of investigation for a state and
5176-national criminal history record check. The state board of pharmacy
5177-may use the information obtained from fingerprinting and the criminal
5178-history for purposes of verifying the identification of the person and in
5179-the official determination of the qualifications and fitness of the person
5180-to be issued or to maintain a license, registration, permit or certificate.
5181-(b) Local and state law enforcement officers and agencies shall
5182-assist the state board of pharmacy in taking and processing of
5183-fingerprints of applicants for and holders of any license, registration,
5184-permit or certificate and shall release all records of adult convictions
5185-and nonconvictions and adult convictions or adjudications of another
5186-state or country to the state board of pharmacy.
5187-(c) The state board of pharmacy may fix and collect a fee as may
5188-be required by the board in an amount equal to the cost of
5189-fingerprinting and the criminal history record check. Any moneys
5190-collected under this subsection shall be deposited in the state treasury
5191-and credited to the pharmacy fee fund. The board of pharmacy shall
5192-remit all moneys received by or for it from fees, charges or penalties to
5193-the state treasurer in accordance with the provisions of K.S.A. 75-4215,
5194-and amendments thereto. Upon receipt of each such remittance, the
5195-state treasurer shall deposit the entire amount in the state treasury to the SENATE BILL No. 491—page 89
5196-credit of the pharmacy fee fund.
9900+investigation of any holder of a license, registration, permit or certificate,
9901+The state board of pharmacy may require a person licensee to be
9902+fingerprinted and submit to a state and national criminal history record
9903+check in accordance with section 2, and amendments thereto. The
9904+fingerprints shall be used to identify the person and to determine whether
9905+the person has a record of criminal history in this state or other
9906+jurisdiction. The state board of pharmacy is authorized to submit the
9907+fingerprints to the Kansas bureau of investigation and the federal bureau of
9908+investigation for a state and national criminal history record check. The
9909+state board of pharmacy may use the information obtained from
9910+fingerprinting and the criminal history for purposes of verifying the
9911+identification of the person and in the official determination of the
9912+qualifications and fitness of the person to be issued or to maintain a
9913+license, registration, permit or certificate.
9914+(b) Local and state law enforcement officers and agencies shall assist
9915+the state board of pharmacy in taking and processing of fingerprints of
9916+applicants for and holders of any license, registration, permit or certificate
9917+and shall release all records of adult convictions and nonconvictions and
9918+adult convictions or adjudications of another state or country to the state
9919+board of pharmacy.
9920+(c) The state board of pharmacy may fix and collect a fee as may be
9921+required by the board in an amount equal to the cost of fingerprinting and
9922+the criminal history record check. Any moneys collected under this
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9966+subsection shall be deposited in the state treasury and credited to the
9967+pharmacy fee fund. The board of pharmacy shall remit all moneys received
9968+by or for it from fees, charges or penalties to the state treasurer in
9969+accordance with the provisions of K.S.A. 75-4215, and amendments
9970+thereto. Upon receipt of each such remittance, the state treasurer shall
9971+deposit the entire amount in the state treasury to the credit of the pharmacy
9972+fee fund.
51979973 (d)(c) This section shall be a part of and supplemental to the
51989974 pharmacy act of the state of Kansas.
51999975 Sec. 51. K.S.A. 65-2401 is hereby amended to read as follows: 65-
52009976 2401. As used in this act: (a) "Vital statistics" includes the registration,
5201-preparation, transcription, collection, compilation, and preservation of
5202-data pertaining to birth, adoption, legitimation, death, stillbirth,
5203-marriage, divorce, annulment of marriage, induced termination of
5204-pregnancy, and data incidental thereto.
5205-(b) "Live birth" means the complete expulsion or extraction from
5206-its mother of a human child, irrespective of the duration of pregnancy,
5207-which, after such expulsion or extraction, breathes or shows any other
5208-evidence of life such as beating of the heart, pulsation of the umbilical
5209-cord, or definite movement of voluntary muscles, whether or not the
5210-umbilical cord has been cut or the placenta is attached.
5211-(c) "Gestational age" means the age of the human child as
5212-measured in weeks as determined by either the last date of the mother's
5213-menstrual period, a sonogram conducted prior to the 20
9977+preparation, transcription, collection, compilation, and preservation of data
9978+pertaining to birth, adoption, legitimation, death, stillbirth, marriage,
9979+divorce, annulment of marriage, induced termination of pregnancy, and
9980+data incidental thereto.
9981+(b) "Live birth" means the complete expulsion or extraction from its
9982+mother of a human child, irrespective of the duration of pregnancy, which,
9983+after such expulsion or extraction, breathes or shows any other evidence of
9984+life such as beating of the heart, pulsation of the umbilical cord, or definite
9985+movement of voluntary muscles, whether or not the umbilical cord has
9986+been cut or the placenta is attached.
9987+(c) "Gestational age" means the age of the human child as measured
9988+in weeks as determined by either the last date of the mother's menstrual
9989+period, a sonogram conducted prior to the 20
52149990 th
5215- week of
5216-pregnancy or the confirmed known date of conception.
5217-(d) "Stillbirth" means any complete expulsion or extraction from
5218-its mother of a human child the gestational age of which is not less than
5219-20 completed weeks, resulting in other than a live birth, as defined in
5220-this section, and which is not an induced termination of pregnancy.
5221-(e) "Induced termination of pregnancy" means abortion, as defined
5222-in K.S.A. 65-6701, and amendments thereto.
9991+ week of pregnancy or the
9992+confirmed known date of conception.
9993+(d) "Stillbirth" means any complete expulsion or extraction from its
9994+mother of a human child the gestational age of which is not less than 20
9995+completed weeks, resulting in other than a live birth, as defined in this
9996+section, and which is not an induced termination of pregnancy.
9997+(e) "Induced termination of pregnancy" means abortion, as defined in
9998+K.S.A. 65-6701, and amendments thereto.
52239999 (f) "Dead body" means a lifeless human body or such parts of a
5224-human body or the bones thereof from the state of which it reasonably
5225-may be concluded that death recently occurred.
5226-(g) "Person in charge of interment" means any person who places
5227-or causes to be placed a stillborn child or dead body or the ashes, after
5228-cremation, in a grave, vault, urn or other receptacle, or otherwise
5229-disposes thereof.
10000+human body or the bones thereof from the state of which it reasonably may
10001+be concluded that death recently occurred.
10002+(g) "Person in charge of interment" means any person who places or
10003+causes to be placed a stillborn child or dead body or the ashes, after
10004+cremation, in a grave, vault, urn or other receptacle, or otherwise disposes
10005+thereof.
523010006 (h) "Secretary" means the secretary of health and environment.
5231-(i) "Employee" means a person who has applied for employment
5232-or is currently employed in the office of vital statistics.
10007+(i) "Employee" means a person who has applied for employment or is
10008+currently employed in the office of vital statistics.
523310009 Sec. 52. K.S.A. 65-2402 is hereby amended to read as follows: 65-
523410010 2402. (a) The secretary shall:
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523510054 (1) Establish within the division of public health suitable offices
523610055 properly equipped for the preservation of official records;
523710056 (2) maintain a complete cross-index on all records filed under the
523810057 provisions of this act;
523910058 (3) install a statewide system of vital statistics;
524010059 (4) make and may amend, after notice and hearing, necessary
524110060 regulations, give instructions and prescribe forms for collection,
524210061 transcribing, compiling and preserving vital statistics; and
524310062 (5) enforce this act and the regulations made pursuant thereto.
524410063 (b) Any person offered a position of employment employee in the
5245-office of vital statistics, who is subject to a criminal history records
5246-check, shall be given a written notice that a criminal history records
5247-check is required. The secretary shall require such applicant to be
5248-fingerprinted and submit to a state and national criminal history record
5249-check in accordance with section 2, and amendments thereto. The
5250-fingerprints shall be used to identify the applicant and to determine
5251-whether the applicant has a record of criminal history in this state or
5252-another jurisdiction. The secretary shall submit the fingerprints to the
5253-Kansas bureau of investigation and the federal bureau of investigation
5254-for a state and national criminal history record check. Local and state
5255-law enforcement officers and agencies shall assist the secretary in
5256-taking and processing of fingerprints of applicants. The secretary may SENATE BILL No. 491—page 90
5257-use the information obtained from fingerprinting and the criminal
5258-history for purposes of verifying the identification of the applicant and
5259-in the official determination of the eligibility of the applicant to
5260-perform tasks within the office of vital statistics. If the criminal history
5261-record information is used to disqualify an applicant, the applicant shall
5262-be informed in writing of that decision.
10064+office of vital statistics, who is subject to a criminal history records check,
10065+shall be given a written notice that a criminal history records check is
10066+required. The secretary shall require such applicant to be fingerprinted and
10067+submit to a state and national criminal history record check in accordance
10068+with section 2, and amendments thereto. The fingerprints shall be used to
10069+identify the applicant and to determine whether the applicant has a record
10070+of criminal history in this state or another jurisdiction. The secretary shall
10071+submit the fingerprints to the Kansas bureau of investigation and the
10072+federal bureau of investigation for a state and national criminal history
10073+record check. Local and state law enforcement officers and agencies shall
10074+assist the secretary in taking and processing of fingerprints of applicants.
10075+The secretary may use the information obtained from fingerprinting and
10076+the criminal history for purposes of verifying the identification of the
10077+applicant and in the official determination of the eligibility of the applicant
10078+to perform tasks within the office of vital statistics. If the criminal history
10079+record information is used to disqualify an applicant, the applicant shall be
10080+informed in writing of that decision.
526310081 Sec. 53. K.S.A. 65-2802 is hereby amended to read as follows: 65-
526410082 2802. For the purpose of this act the following definitions shall apply:
526510083 (a) The healing arts include any system, treatment, operation,
526610084 diagnosis, prescription or practice for the ascertainment, cure, relief,
526710085 palliation, adjustment or correction of any human disease, ailment,
5268-deformity, injury, alteration or enhancement of a condition or
5269-appearance and includes specifically, but not by way of limitation, the
5270-practice of medicine and surgery; the practice of osteopathic medicine
5271-and surgery; and the practice of chiropractic.
10086+deformity, injury, alteration or enhancement of a condition or appearance
10087+and includes specifically, but not by way of limitation, the practice of
10088+medicine and surgery; the practice of osteopathic medicine and surgery;
10089+and the practice of chiropractic.
527210090 (b) "Board" shall mean means the state board of healing arts.
5273-(c) "License," unless otherwise specified, shall mean means a
5274-license to practice the healing arts granted under this act.
5275-(d) "Licensed" or "licensee," unless otherwise specified, shall
5276-mean means a person licensed under this act to practice medicine and
5277-surgery, osteopathic medicine and surgery or chiropractic.
5278-(e) "Healing arts school" shall mean means an academic
5279-institution which grants a doctor of chiropractic degree, doctor of
5280-medicine degree or doctor of osteopathy degree.
5281-(f) "Applicant" means a person who has submitted an application
5282-for any license, registration, permit or certificate to the board of
5283-healing arts.
10091+(c) "License," unless otherwise specified, shall mean means a license
10092+to practice the healing arts granted under this act.
10093+(d) "Licensed" or "licensee," unless otherwise specified, shall mean
10094+means a person licensed under this act to practice medicine and surgery,
10095+osteopathic medicine and surgery or chiropractic.
10096+(e) "Healing arts school" shall mean means an academic institution
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10140+which grants a doctor of chiropractic degree, doctor of medicine degree or
10141+doctor of osteopathy degree.
10142+(f) "Applicant" means a person who has submitted an application for
10143+any license, registration, permit or certificate to the board of healing arts.
528410144 (g) "Licensee" means a person who holds a license, registration,
528510145 permit or certificate issued by the board of healing arts.
5286-(f)(h) Wherever the masculine gender is used, it shall be construed
5287-to include the feminine, and the singular number shall include the
5288-plural when consistent with the intent of this act.
5289-Sec. 54. K.S.A. 65-2839a is hereby amended to read as follows:
5290-65-2839a. (a) In connection with any investigation by the board, the
5291-board or its duly authorized agents or employees shall at all reasonable
5292-times have access to, for the purpose of examination, and the right to
5293-copy any document, report, record or other physical evidence of any
5294-person being investigated, or any document, report, record or other
5295-evidence maintained by and in possession of any clinic, office of a
5296-practitioner of any profession regulated by the board, laboratory,
5297-pharmacy, medical care facility or other public or private agency if
5298-such document, report, record or evidence relates to professional
5299-competence, unprofessional conduct or the mental or physical ability of
5300-a person to safely practice any profession regulated by the board.
5301-(b) For the purpose of all investigations and proceedings
5302-conducted by the board:
10146+(f)(h) Wherever the masculine gender is used, it shall be construed to
10147+include the feminine, and the singular number shall include the plural
10148+when consistent with the intent of this act.
10149+Sec. 54. K.S.A. 65-2839a is hereby amended to read as follows: 65-
10150+2839a. (a) In connection with any investigation by the board, the board or
10151+its duly authorized agents or employees shall at all reasonable times have
10152+access to, for the purpose of examination, and the right to copy any
10153+document, report, record or other physical evidence of any person being
10154+investigated, or any document, report, record or other evidence maintained
10155+by and in possession of any clinic, office of a practitioner of any
10156+profession regulated by the board, laboratory, pharmacy, medical care
10157+facility or other public or private agency if such document, report, record
10158+or evidence relates to professional competence, unprofessional conduct or
10159+the mental or physical ability of a person to safely practice any profession
10160+regulated by the board.
10161+(b) For the purpose of all investigations and proceedings conducted
10162+by the board:
530310163 (1) The board may issue subpoenas compelling the attendance and
530410164 testimony of witnesses or the production for examination or copying of
530510165 documents or any other physical evidence if such evidence relates to
530610166 medical competence, unprofessional conduct or the mental or physical
5307-ability of a licensee, registrant, permit holder or certificate holder to
5308-safely practice. Within five days after the service of the subpoena on
5309-any person requiring the production of any evidence in the person's
5310-possession or under the person's control, such person may petition the
5311-board to revoke, limit or modify the subpoena. The board shall revoke,
5312-limit or modify such subpoena if in its opinion the evidence required
5313-does not relate to practices which may be grounds for disciplinary
5314-action, is not relevant to the charge which is the subject matter of the
5315-proceeding or investigation, or does not describe with sufficient SENATE BILL No. 491—page 91
5316-particularity the physical evidence which is required to be produced.
5317-Any member of the board, or any agent designated by the board, may
5318-administer oaths or affirmations, examine witnesses and receive such
5319-evidence. The board shall have the authority to compel the production
5320-of evidence upon noncompliance with an investigative subpoena, if in
5321-the opinion of the board or the board's designee, the evidence
5322-demanded relates to a practice which may be grounds for disciplinary
5323-action, is relevant to the charge which is the subject matter of the
5324-investigation and describes with sufficient particularity the physical
5325-evidence required to be produced.
5326-(2) Any person appearing before the board shall have the right to
5327-be represented by counsel.
10167+ability of a licensee, registrant, permit holder or certificate holder to safely
10168+practice. Within five days after the service of the subpoena on any person
10169+requiring the production of any evidence in the person's possession or
10170+under the person's control, such person may petition the board to revoke,
10171+limit or modify the subpoena. The board shall revoke, limit or modify such
10172+subpoena if in its opinion the evidence required does not relate to practices
10173+which may be grounds for disciplinary action, is not relevant to the charge
10174+which is the subject matter of the proceeding or investigation, or does not
10175+describe with sufficient particularity the physical evidence which is
10176+required to be produced. Any member of the board, or any agent
10177+designated by the board, may administer oaths or affirmations, examine
10178+witnesses and receive such evidence. The board shall have the authority to
10179+compel the production of evidence upon noncompliance with an
10180+investigative subpoena, if in the opinion of the board or the board's
10181+designee, the evidence demanded relates to a practice which may be
10182+grounds for disciplinary action, is relevant to the charge which is the
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10226+subject matter of the investigation and describes with sufficient
10227+particularity the physical evidence required to be produced.
10228+(2) Any person appearing before the board shall have the right to be
10229+represented by counsel.
532810230 (3) The district court, upon application by the board or after
5329-exhaustion of available administrative remedies by the person
5330-subpoenaed, shall have jurisdiction to issue an order:
5331-(A) Requiring such person to appear before the board or the
5332-board's duly authorized agent to produce evidence relating to the matter
5333-under investigation; or
10231+exhaustion of available administrative remedies by the person subpoenaed,
10232+shall have jurisdiction to issue an order:
10233+(A) Requiring such person to appear before the board or the board's
10234+duly authorized agent to produce evidence relating to the matter under
10235+investigation; or
533410236 (B) revoking, limiting or modifying the subpoena if in the court's
5335-opinion the evidence demanded does not relate to practices which may
5336-be grounds for disciplinary action, is not relevant to the charge which is
5337-the subject matter of the hearing or investigation or does not describe
5338-with sufficient particularity the evidence which is required to be
5339-produced.
5340-(c) The board may receive from the Kansas bureau of
5341-investigation or other criminal justice agencies such criminal history
5342-record information, including arrest and nonconviction data, criminal
5343-intelligence information and information relating to criminal and
5344-background investigations as necessary for the purpose of determining
5345-initial and continuing qualifications of licensees, permit holders,
5346-registrants and certificate holders of, and applicants for, licensure and
5347-registration by the board in accordance with section 3, and
5348-amendments thereto. Disclosure or use of any such information
5349-received by the board or of any record containing such information, for
5350-any purpose other than that provided by this subsection is a class A
5351-misdemeanor and shall constitute grounds for removal from office,
5352-termination of employment or denial, revocation or suspension of any
5353-license, permit, registration or certificate issued under this act. Unless
5354-otherwise specified, nothing in this subsection shall be construed to
5355-make unlawful the disclosure of any such information by the board in a
5356-hearing held pursuant to the practice act of any profession regulated by
5357-the board.
10237+opinion the evidence demanded does not relate to practices which may be
10238+grounds for disciplinary action, is not relevant to the charge which is the
10239+subject matter of the hearing or investigation or does not describe with
10240+sufficient particularity the evidence which is required to be produced.
10241+(c) The board may receive from the Kansas bureau of investigation or
10242+other criminal justice agencies such criminal history record information,
10243+including arrest and nonconviction data, criminal intelligence information
10244+and information relating to criminal and background investigations as
10245+necessary for the purpose of determining initial and continuing
10246+qualifications of licensees, permit holders, registrants and certificate
10247+holders of, and applicants for, licensure and registration by the board in
10248+accordance with section 3, and amendments thereto. Disclosure or use of
10249+any such information received by the board or of any record containing
10250+such information, for any purpose other than that provided by this
10251+subsection is a class A misdemeanor and shall constitute grounds for
10252+removal from office, termination of employment or denial, revocation or
10253+suspension of any license, permit, registration or certificate issued under
10254+this act. Unless otherwise specified, nothing in this subsection shall be
10255+construed to make unlawful the disclosure of any such information by the
10256+board in a hearing held pursuant to the practice act of any profession
10257+regulated by the board.
535810258 (d) Patient records, including clinical records, medical reports,
535910259 laboratory statements and reports, files, films, other reports or oral
536010260 statements relating to diagnostic findings or treatment of patients,
5361-information from which a patient or a patient's family might be
5362-identified, peer review or risk management records or information
5363-received and records kept by the board as a result of the investigation
5364-procedure outlined in this section shall be confidential and shall not be
5365-disclosed.
10261+information from which a patient or a patient's family might be identified,
10262+peer review or risk management records or information received and
10263+records kept by the board as a result of the investigation procedure
10264+outlined in this section shall be confidential and shall not be disclosed.
536610265 (e) Nothing in this section or any other provision of law making
5367-communications between a licensee, registrant, permit holder or
5368-certificate holder and the patient a privileged communication shall
5369-apply to investigations or proceedings conducted pursuant to this
5370-section. The board and its employees, agents and representatives shall
5371-keep in confidence the names of any patients whose records are
5372-reviewed during the course of investigations and proceedings pursuant
5373-to this section.
5374-Sec. 55. K.S.A. 65-28,129 is hereby amended to read as follows: SENATE BILL No. 491—page 92
5375-65-28,129. (a) As part of an original application for or reinstatement of
5376-any license, registration, permit or certificate or in connection with any
5377-investigation of any holder of a license, registration, permit or
5378-certificate, the state board of healing arts may require a person to be
5379-fingerprinted and submit to a state and national criminal history record
5380-check in accordance with section 2, and amendments thereto. The
5381-fingerprints shall be used to identify the person and to determine
5382-whether the person has a record of criminal history in this state or other
5383-jurisdiction. The state board of healing arts is authorized to submit the
5384-fingerprints to the Kansas bureau of investigation and the federal
5385-bureau of investigation for a state and national criminal history record
5386-check. The state board of healing arts may use the information obtained
5387-from fingerprinting and the criminal history for purposes of verifying
5388-the identification of the person and in the official determination of the
5389-qualifications and fitness of the person to be issued or to maintain a
5390-license, registration, permit or certificate.
5391-(b) Local and state law enforcement officers and agencies shall
5392-assist the state board of healing arts in taking and processing of
5393-fingerprints of applicants for and holders of any license, registration,
5394-permit or certificate and shall release all records of adult convictions
5395-and nonconvictions and adult convictions or adjudications of another
5396-state or country to the state board of healing arts.
5397-(c) The state board of healing arts may fix and collect a fee as may
5398-be required by the board in an amount necessary to reimburse the board
5399-for the cost of fingerprinting and the criminal history record check. Any
10266+communications between a licensee, registrant, permit holder or certificate
10267+holder and the patient a privileged communication shall apply to
10268+investigations or proceedings conducted pursuant to this section. The
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10312+board and its employees, agents and representatives shall keep in
10313+confidence the names of any patients whose records are reviewed during
10314+the course of investigations and proceedings pursuant to this section.
10315+Sec. 55. K.S.A. 65-28,129 is hereby amended to read as follows: 65-
10316+28,129. (a) As part of an original application for or reinstatement of any
10317+license, registration, permit or certificate or in connection with any
10318+investigation of any holder of a license, registration, permit or certificate,
10319+the state board of healing arts may require a person to be fingerprinted and
10320+submit to a state and national criminal history record check in accordance
10321+with section 2, and amendments thereto. The fingerprints shall be used to
10322+identify the person and to determine whether the person has a record of
10323+criminal history in this state or other jurisdiction. The state board of
10324+healing arts is authorized to submit the fingerprints to the Kansas bureau
10325+of investigation and the federal bureau of investigation for a state and
10326+national criminal history record check. The state board of healing arts may
10327+use the information obtained from fingerprinting and the criminal history
10328+for purposes of verifying the identification of the person and in the official
10329+determination of the qualifications and fitness of the person to be issued or
10330+to maintain a license, registration, permit or certificate.
10331+(b) Local and state law enforcement officers and agencies shall assist
10332+the state board of healing arts in taking and processing of fingerprints of
10333+applicants for and holders of any license, registration, permit or certificate
10334+and shall release all records of adult convictions and nonconvictions and
10335+adult convictions or adjudications of another state or country to the state
10336+board of healing arts.
10337+(c) The state board of healing arts may fix and collect a fee as may be
10338+required by the board in an amount necessary to reimburse the board for
10339+the cost of fingerprinting and the criminal history record check. Any
540010340 moneys collected under this subsection shall be deposited in the state
540110341 treasury and credited to the healing arts fee fund.
5402-(d)(c) This section shall be a part of and supplemental to the
5403-Kansas healing arts act.
10342+(d)(c) This section shall be a part of and supplemental to the Kansas
10343+healing arts act.
540410344 Sec. 56. K.S.A. 65-2901 is hereby amended to read as follows: 65-
540510345 2901. As used in the physical therapy practice act:
540610346 (a) "Physical therapy" means examining, evaluating and testing
5407-individuals with mechanical, anatomical, physiological and
5408-developmental impairments, functional limitations and disabilities or
5409-other health and movement-related conditions in order to determine a
5410-diagnosis solely for physical therapy, prognosis, plan of therapeutic
5411-intervention and to assess the ongoing effects of physical therapy
5412-intervention. Physical therapy also includes alleviating impairments,
5413-functional limitations and disabilities by designing, implementing and
5414-modifying therapeutic interventions that may include, but are not
5415-limited to, therapeutic exercise; functional training in community or
5416-work integration or reintegration; manual therapy; dry needling;
5417-therapeutic massage; prescription, application and, as appropriate,
5418-fabrication of assistive, adaptive, orthotic, prosthetic, protective and
5419-supportive devices and equipment; airway clearance techniques;
5420-integumentary protection and repair techniques; debridement and
5421-wound care; physical agents or modalities; mechanical and
5422-electrotherapeutic modalities; patient-related instruction; reducing the
5423-risk of injury, impairments, functional limitations and disability,
5424-including the promotion and maintenance of fitness, health and quality
5425-of life in all age populations and engaging in administration,
5426-consultation, education and research. Physical therapy also includes the
5427-care and services provided by a physical therapist or a physical
5428-therapist assistant under the direction and supervision of a physical
5429-therapist who is licensed pursuant to the physical therapy practice act.
5430-Physical therapy does not include the use of roentgen rays and radium
5431-for diagnostic and therapeutic purposes, the use of electricity for
5432-surgical purposes, including cauterization, the practice of any branch of
5433-the healing arts and the making of a medical diagnosis. SENATE BILL No. 491—page 93
10347+individuals with mechanical, anatomical, physiological and developmental
10348+impairments, functional limitations and disabilities or other health and
10349+movement-related conditions in order to determine a diagnosis solely for
10350+physical therapy, prognosis, plan of therapeutic intervention and to assess
10351+the ongoing effects of physical therapy intervention. Physical therapy also
10352+includes alleviating impairments, functional limitations and disabilities by
10353+designing, implementing and modifying therapeutic interventions that may
10354+include, but are not limited to, therapeutic exercise; functional training in
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10398+community or work integration or reintegration; manual therapy; dry
10399+needling; therapeutic massage; prescription, application and, as
10400+appropriate, fabrication of assistive, adaptive, orthotic, prosthetic,
10401+protective and supportive devices and equipment; airway clearance
10402+techniques; integumentary protection and repair techniques; debridement
10403+and wound care; physical agents or modalities; mechanical and
10404+electrotherapeutic modalities; patient-related instruction; reducing the risk
10405+of injury, impairments, functional limitations and disability, including the
10406+promotion and maintenance of fitness, health and quality of life in all age
10407+populations and engaging in administration, consultation, education and
10408+research. Physical therapy also includes the care and services provided by
10409+a physical therapist or a physical therapist assistant under the direction and
10410+supervision of a physical therapist who is licensed pursuant to the physical
10411+therapy practice act. Physical therapy does not include the use of roentgen
10412+rays and radium for diagnostic and therapeutic purposes, the use of
10413+electricity for surgical purposes, including cauterization, the practice of
10414+any branch of the healing arts and the making of a medical diagnosis.
543410415 (b) "Physical therapist" means a person who is licensed to practice
5435-physical therapy pursuant to the physical therapy practice act. Any
5436-person who successfully meets the requirements of K.S.A. 65-2906,
5437-and amendments thereto, shall be known and designated as a physical
5438-therapist and may designate or describe oneself, as appropriate, as a
5439-physical therapist, physiotherapist, licensed physical therapist, doctor
5440-of physical therapy, abbreviations thereof, or words similar thereto or
5441-use of the designated letters P.T., Ph. T., M.P.T., D.P.T. or L.P.T.
5442-Nothing in this section shall be construed to prohibit physical therapists
5443-licensed under K.S.A. 65-2906 and 65-2909, and amendments thereto,
5444-from listing or using in conjunction with their name any letters, words,
5445-abbreviations or other insignia to designate any educational degrees,
5446-certifications or credentials recognized by the board which such
5447-licensee has earned. Each licensee when using the letters or term "Dr."
5448-or "Doctor" in conjunction with such licensee's professional practice,
5449-whether in any written or oral communication, shall identify oneself as
5450-a "physical therapist" or "doctor of physical therapy."
10416+physical therapy pursuant to the physical therapy practice act. Any person
10417+who successfully meets the requirements of K.S.A. 65-2906, and
10418+amendments thereto, shall be known and designated as a physical therapist
10419+and may designate or describe oneself, as appropriate, as a physical
10420+therapist, physiotherapist, licensed physical therapist, doctor of physical
10421+therapy, abbreviations thereof, or words similar thereto or use of the
10422+designated letters P.T., Ph. T., M.P.T., D.P.T. or L.P.T. Nothing in this
10423+section shall be construed to prohibit physical therapists licensed under
10424+K.S.A. 65-2906 and 65-2909, and amendments thereto, from listing or
10425+using in conjunction with their name any letters, words, abbreviations or
10426+other insignia to designate any educational degrees, certifications or
10427+credentials recognized by the board which such licensee has earned. Each
10428+licensee when using the letters or term "Dr." or "Doctor" in conjunction
10429+with such licensee's professional practice, whether in any written or oral
10430+communication, shall identify oneself as a "physical therapist" or "doctor
10431+of physical therapy."
545110432 (c) "Physical therapist assistant" means a person who is certified
545210433 pursuant to the physical therapy practice act and who works under the
5453-direction of a physical therapist, and who assists the physical therapist
5454-in selected components of physical therapy intervention. Any person
5455-who successfully meets the requirements of K.S.A. 65-2906, and
5456-amendments thereto, shall be known and designated as a physical
5457-therapist assistant, and may designate or describe oneself as a physical
5458-therapist assistant, certified physical therapist assistant, abbreviations
5459-thereof, or words similar thereto or use of the designated letters P.T.A.,
5460-C.P.T.A. or P.T. Asst. Nothing in this section shall be construed to
5461-prohibit physical therapist assistants certified under K.S.A. 65-2906
5462-and 65-2909, and amendments thereto, from listing or using in
5463-conjunction with their name any letters, words, abbreviations or other
5464-insignia to designate any educational degrees, certifications or
5465-credentials which such physical therapist assistant has earned.
10434+direction of a physical therapist, and who assists the physical therapist in
10435+selected components of physical therapy intervention. Any person who
10436+successfully meets the requirements of K.S.A. 65-2906, and amendments
10437+thereto, shall be known and designated as a physical therapist assistant,
10438+and may designate or describe oneself as a physical therapist assistant,
10439+certified physical therapist assistant, abbreviations thereof, or words
10440+similar thereto or use of the designated letters P.T.A., C.P.T.A. or P.T. Asst.
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10484+Nothing in this section shall be construed to prohibit physical therapist
10485+assistants certified under K.S.A. 65-2906 and 65-2909, and amendments
10486+thereto, from listing or using in conjunction with their name any letters,
10487+words, abbreviations or other insignia to designate any educational
10488+degrees, certifications or credentials which such physical therapist
10489+assistant has earned.
546610490 (d) "Board" means the state board of healing arts.
546710491 (e) "Council" means the physical therapy advisory council.
5468-(f) "Dry needling" means a skilled intervention using a thin
5469-filiform needle to penetrate into or through the skin and stimulate
5470-underlying myofascial trigger points or muscular or connective tissues
5471-for the management of neuromuscular pain or movement impairments.
10492+(f) "Dry needling" means a skilled intervention using a thin filiform
10493+needle to penetrate into or through the skin and stimulate underlying
10494+myofascial trigger points or muscular or connective tissues for the
10495+management of neuromuscular pain or movement impairments.
547210496 (g) "Physician" means a person licensed to practice medicine and
547310497 surgery.
5474-(h) "Recognized by the board" means an action taken by the board
5475-at an open meeting to recognize letters, words, abbreviations or other
5476-insignia to designate any educational degrees, certifications or
5477-credentials, consistent with the provisions of this act, which a physical
5478-therapist may appropriately use to designate or describe oneself and
5479-which shall be published in the official minutes of the board.
5480-(i) "Applicant" means a person who has submitted an application
5481-for a license to practice physical therapy or a certificate as a physical
5482-therapy assistant.
10498+(h) "Recognized by the board" means an action taken by the board at
10499+an open meeting to recognize letters, words, abbreviations or other
10500+insignia to designate any educational degrees, certifications or credentials,
10501+consistent with the provisions of this act, which a physical therapist may
10502+appropriately use to designate or describe oneself and which shall be
10503+published in the official minutes of the board.
10504+(i) "Applicant" means a person who has submitted an application for
10505+a license to practice physical therapy or a certificate as a physical therapy
10506+assistant.
548310507 (j) "Licensee" means a person who holds a license to practice
548410508 physical therapy or a certificate as a physical therapy assistant.
548510509 Sec. 57. K.S.A. 2023 Supp. 65-2924 is hereby amended to read as
5486-follows: 65-2924. (a) As part of an original application for a license as
5487-a physical therapist or a certificate as a physical therapy assistant or as
5488-part of an original application for reinstatement of a license or
5489-certificate or in connection with any investigation of any holder of a
5490-license or certificate, the state board of healing arts may require a
5491-person to be fingerprinted and submit to a state and national criminal
5492-history record check in accordance with section 2, and amendments SENATE BILL No. 491—page 94
5493-thereto. The fingerprints shall be used to identify the person and to
5494-determine whether the person has a record of criminal history in this
5495-state or other jurisdiction. The state board of healing arts is authorized
5496-to submit the fingerprints to the Kansas bureau of investigation and the
5497-federal bureau of investigation for a state and national criminal history
5498-record check. The state board of healing arts may use the information
5499-obtained from fingerprinting and the criminal history for purposes of
5500-verifying the identification of the person and in the official
5501-determination of the qualifications and fitness of the person to be issued
5502-or to maintain a license or certificate.
5503-(b) Local and state law enforcement officers and agencies shall
5504-assist the state board of healing arts in taking and processing of
5505-fingerprints of applicants for and holders of any license or certificate
5506-and shall release all records of adult convictions and nonconvictions
5507-and adult convictions or adjudications of another state or country to the
5508-state board of healing arts.
5509-(c) The state board of healing arts may fix and collect a fee as may
5510-be required by the board in an amount necessary to reimburse the board
5511-for the cost of fingerprinting and the criminal history record check. Any
10510+follows: 65-2924. (a) As part of an original application for a license as a
10511+physical therapist or a certificate as a physical therapy assistant or as part
10512+of an original application for reinstatement of a license or certificate or in
10513+connection with any investigation of any holder of a license or certificate,
10514+the state board of healing arts may require a person to be fingerprinted and
10515+submit to a state and national criminal history record check in accordance
10516+with section 2, and amendments thereto. The fingerprints shall be used to
10517+identify the person and to determine whether the person has a record of
10518+criminal history in this state or other jurisdiction. The state board of
10519+healing arts is authorized to submit the fingerprints to the Kansas bureau
10520+of investigation and the federal bureau of investigation for a state and
10521+national criminal history record check. The state board of healing arts may
10522+use the information obtained from fingerprinting and the criminal history
10523+for purposes of verifying the identification of the person and in the official
10524+determination of the qualifications and fitness of the person to be issued or
10525+to maintain a license or certificate.
10526+(b) Local and state law enforcement officers and agencies shall assist
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10570+the state board of healing arts in taking and processing of fingerprints of
10571+applicants for and holders of any license or certificate and shall release all
10572+records of adult convictions and nonconvictions and adult convictions or
10573+adjudications of another state or country to the state board of healing arts.
10574+(c) The state board of healing arts may fix and collect a fee as may be
10575+required by the board in an amount necessary to reimburse the board for
10576+the cost of fingerprinting and the criminal history record check. Any
551210577 moneys collected under this subsection shall be deposited in the state
551310578 treasury and credited to the healing arts fee fund.
5514-(d)(c) This section shall be a part of and supplemental to the
5515-physical therapy practice act.
10579+(d)(c) This section shall be a part of and supplemental to the physical
10580+therapy practice act.
551610581 Sec. 58. K.S.A. 2023 Supp. 65-3407 is hereby amended to read as
5517-follows: 65-3407. (a) Except as otherwise provided by K.S.A. 65-
5518-3407c, and amendments thereto, no person shall construct, alter or
5519-operate a solid waste processing facility or a solid waste disposal area
5520-of a solid waste management system, except for clean rubble disposal
5521-sites, without first obtaining a permit from the secretary.
10582+follows: 65-3407. (a) Except as otherwise provided by K.S.A. 65-3407c,
10583+and amendments thereto, no person shall construct, alter or operate a solid
10584+waste processing facility or a solid waste disposal area of a solid waste
10585+management system, except for clean rubble disposal sites, without first
10586+obtaining a permit from the secretary.
552210587 (b) Every person desiring to obtain a permit to construct, alter or
552310588 operate a solid waste processing facility or disposal area shall make
552410589 application for such a permit on forms provided for such purpose by the
5525-rules and regulations of the secretary and shall provide the secretary
5526-with such information as necessary to show that the facility or area will
5527-comply with the purpose of this act. Upon receipt of any application
5528-and payment of the application fee, the secretary, with advice and
5529-counsel from the local health authorities and the county commission,
5530-shall make an investigation of the proposed solid waste processing
5531-facility or disposal area and determine whether it complies with the
5532-provisions of this act and any rules and regulations and standards
5533-adopted thereunder. The secretary also may consider the need for the
5534-facility or area in conjunction with the county or regional solid waste
5535-management plan. If the investigation reveals that the facility or area
5536-conforms with the provisions of the act and the rules and regulations
5537-and standards adopted thereunder, the secretary shall approve the
5538-application and shall issue a permit for the operation of each solid
5539-waste processing or disposal facility or area set forth in the application.
5540-If the facility or area fails to meet the rules and regulations and
5541-standards required by this act the secretary shall issue a report to the
5542-applicant stating the deficiencies in the application. The secretary may
5543-issue temporary permits conditioned upon corrections of construction
5544-methods being completed and implemented.
10590+rules and regulations of the secretary and shall provide the secretary with
10591+such information as necessary to show that the facility or area will comply
10592+with the purpose of this act. Upon receipt of any application and payment
10593+of the application fee, the secretary, with advice and counsel from the local
10594+health authorities and the county commission, shall make an investigation
10595+of the proposed solid waste processing facility or disposal area and
10596+determine whether it complies with the provisions of this act and any rules
10597+and regulations and standards adopted thereunder. The secretary also may
10598+consider the need for the facility or area in conjunction with the county or
10599+regional solid waste management plan. If the investigation reveals that the
10600+facility or area conforms with the provisions of the act and the rules and
10601+regulations and standards adopted thereunder, the secretary shall approve
10602+the application and shall issue a permit for the operation of each solid
10603+waste processing or disposal facility or area set forth in the application. If
10604+the facility or area fails to meet the rules and regulations and standards
10605+required by this act the secretary shall issue a report to the applicant stating
10606+the deficiencies in the application. The secretary may issue temporary
10607+permits conditioned upon corrections of construction methods being
10608+completed and implemented.
554510609 (c) Before reviewing any application for permit, the secretary shall
554610610 conduct a background investigation of the applicant. The secretary shall
554710611 consider the financial, technical and management capabilities of the
5548-applicant as conditions for issuance of a permit. The secretary may
5549-reject the application prior to conducting an investigation into the
5550-merits of the application if the secretary finds that:
5551-(1) The applicant currently holds, or in the past has held, a permit SENATE BILL No. 491—page 95
5552-under this section and while the applicant held a permit under this
5553-section the applicant violated a provision of K.S.A. 65-3409(a), and
5554-amendments thereto;
5555-(2) the applicant previously held a permit under this section and
5556-that permit was revoked by the secretary;
5557-(3) the applicant failed or continues to fail to comply with any of
5558-the provisions of the air, water or waste statutes, including rules and
10612+applicant as conditions for issuance of a permit. The secretary may reject
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10656+the application prior to conducting an investigation into the merits of the
10657+application if the secretary finds that:
10658+(1) The applicant currently holds, or in the past has held, a permit
10659+under this section and while the applicant held a permit under this section
10660+the applicant violated a provision of K.S.A. 65-3409(a), and amendments
10661+thereto;
10662+(2) the applicant previously held a permit under this section and that
10663+permit was revoked by the secretary;
10664+(3) the applicant failed or continues to fail to comply with any of the
10665+provisions of the air, water or waste statutes, including rules and
555910666 regulations issued thereunder, relating to environmental protection or to
556010667 the protection of public health in this or any other state or the federal
5561-government of the United States, or any condition of any permit or
5562-license issued by the secretary; or if the secretary finds that the
5563-applicant has shown a lack of ability or intention to comply with any
5564-provision of any law referred to in this subsection or any rule and
5565-regulation or order or permit issued pursuant to any such law as
5566-indicated by past or continuing violations; or
10668+government of the United States, or any condition of any permit or license
10669+issued by the secretary; or if the secretary finds that the applicant has
10670+shown a lack of ability or intention to comply with any provision of any
10671+law referred to in this subsection or any rule and regulation or order or
10672+permit issued pursuant to any such law as indicated by past or continuing
10673+violations; or
556710674 (4) the applicant is a corporation and any principal, shareholder, or
556810675 other person capable of exercising total or partial control of such
5569-corporation could be determined ineligible to receive a permit pursuant
5570-to paragraph (1), (2) or (3).
5571-(d) Before reviewing any application for a permit, the secretary
5572-may request that the attorney general perform a comprehensive
5573-criminal background investigation of the applicant;, or in the case of a
5574-corporate applicant, any principal, shareholder or other person capable
5575-of exercising total or partial control of the corporation in accordance
5576-with section 3, and amendments thereto. The secretary may reject the
5577-application prior to conducting an investigation into the merits of the
5578-application if the secretary finds that serious criminal violations have
5579-been committed by the applicant or a principal of the corporation.
5580-(e) (1) The fees for a solid waste processing or disposal permit
5581-shall be established by rules and regulations adopted by the secretary.
5582-The fee for the application and original permit shall not exceed $5,000.
5583-Except as provided by paragraphs (2) and (3), the annual permit
5584-renewal fee shall not exceed $2,000. No refund shall be made in case of
5585-revocation. In establishing fees for a construction and demolition
5586-landfill, the secretary shall adopt a differential fee schedule based upon
5587-the volume of construction and demolition waste to be disposed of at
5588-such landfill. All fees shall be deposited in the state treasury and
5589-credited to the solid waste management fund. Except for the annual
5590-permit renewal fees provided in paragraph (3), a city, county, other
5591-political subdivision or state agency shall be exempt from payment of
5592-the fee but shall meet all other provisions of this act.
10676+corporation could be determined ineligible to receive a permit pursuant to
10677+paragraph (1), (2) or (3).
10678+(d) Before reviewing any application for a permit, the secretary may
10679+request that the attorney general perform a comprehensive criminal
10680+background investigation of the applicant;, or in the case of a corporate
10681+applicant, any principal, shareholder or other person capable of exercising
10682+total or partial control of the corporation in accordance with section 3, and
10683+amendments thereto. The secretary may reject the application prior to
10684+conducting an investigation into the merits of the application if the
10685+secretary finds that serious criminal violations have been committed by the
10686+applicant or a principal of the corporation.
10687+(e) (1) The fees for a solid waste processing or disposal permit shall
10688+be established by rules and regulations adopted by the secretary. The fee
10689+for the application and original permit shall not exceed $5,000. Except as
10690+provided by paragraphs (2) and (3), the annual permit renewal fee shall not
10691+exceed $2,000. No refund shall be made in case of revocation. In
10692+establishing fees for a construction and demolition landfill, the secretary
10693+shall adopt a differential fee schedule based upon the volume of
10694+construction and demolition waste to be disposed of at such landfill. All
10695+fees shall be deposited in the state treasury and credited to the solid waste
10696+management fund. Except for the annual permit renewal fees provided in
10697+paragraph (3), a city, county, other political subdivision or state agency
10698+shall be exempt from payment of the fee but shall meet all other provisions
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10742+of this act.
559310743 (2) Except as provided in paragraph (3), the annual permit renewal
5594-fee for a solid waste disposal area that is permitted by the secretary,
5595-owned or operated by the facility generating the waste and used only
5596-for industrial waste generated by such facility shall be not less than
5597-$1,000 and not more than $4,000. In establishing fees for such disposal
5598-areas, the secretary shall adopt a differential fee schedule based upon
5599-the characteristics of the disposal area sites.
10744+fee for a solid waste disposal area that is permitted by the secretary, owned
10745+or operated by the facility generating the waste and used only for industrial
10746+waste generated by such facility shall be not less than $1,000 and not more
10747+than $4,000. In establishing fees for such disposal areas, the secretary shall
10748+adopt a differential fee schedule based upon the characteristics of the
10749+disposal area sites.
560010750 (3) (A) For each solid waste disposal area and each solid waste
560110751 processing facility that is permitted by the secretary and subject to the
5602-requirements of 40 C.F.R. 257 subpart D, as in effect on July 1, 2017,
5603-or any later version adopted by reference by the secretary in rules and
5604-regulations, the annual permit renewal fee shall be not less than
5605-$12,000 and not more than $16,000.
5606-(B) The minimum fee shall apply until a fee schedule is
5607-established by the secretary in rules and regulations.
10752+requirements of 40 C.F.R. 257 subpart D, as in effect on July 1, 2017, or
10753+any later version adopted by reference by the secretary in rules and
10754+regulations, the annual permit renewal fee shall be not less than $12,000
10755+and not more than $16,000.
10756+(B) The minimum fee shall apply until a fee schedule is established
10757+by the secretary in rules and regulations.
560810758 (C) If a single permit encompasses more than one solid waste
5609-disposal area or solid waste processing facility, the total fee for the
5610-permit shall be an amount equal to the sum of the fees for each solid SENATE BILL No. 491—page 96
5611-waste disposal area and each solid waste processing facility subject to
5612-40 C.F.R. 257 subpart D encompassed in the permit.
10759+disposal area or solid waste processing facility, the total fee for the permit
10760+shall be an amount equal to the sum of the fees for each solid waste
10761+disposal area and each solid waste processing facility subject to 40 C.F.R.
10762+257 subpart D encompassed in the permit.
561310763 (D) The first annual permit fee is due on September 1, 2022.
5614-(E) If such solid waste disposal area or solid waste processing
5615-facility is operating under a federally issued coal combustion residuals
5616-(CCR) permit that includes all applicable requirements of 40 C.F.R.
5617-257 subpart D, then the fees provided in this paragraph shall no longer
5618-apply and such disposal area or facility shall be subject to the fees
5619-provided in paragraph (2).
10764+(E) If such solid waste disposal area or solid waste processing facility
10765+is operating under a federally issued coal combustion residuals (CCR)
10766+permit that includes all applicable requirements of 40 C.F.R. 257 subpart
10767+D, then the fees provided in this paragraph shall no longer apply and such
10768+disposal area or facility shall be subject to the fees provided in paragraph
10769+(2).
562010770 (F) Upon a determination by the department of health and
5621-environment that such solid waste disposal area or solid waste
5622-processing facility has met all applicable post-closure care
5623-requirements of 40 C.F.R. 257 subpart D, and article 29 of the Kansas
5624-administrative regulations, then such disposal area or facility shall no
5625-longer be subject to permitting under this paragraph.
5626-(f) Plans, designs and relevant data for the construction of solid
5627-waste processing facilities and disposal sites shall be prepared by a
5628-professional engineer licensed to practice in Kansas and shall be
5629-submitted to the department for approval prior to the construction,
5630-alteration or operation of such facility or area. In adopting rules and
5631-regulations, the secretary may specify sites, areas or facilities where the
5632-environmental impact is minimal and may waive such preparation
5633-requirements provided that a review of such plans is conducted by a
5634-professional engineer licensed to practice in Kansas.
5635-(g) Each permit granted by the secretary, as provided in this act,
5636-shall be subject to such conditions as the secretary deems necessary to
5637-protect human health and the environment and to conserve the sites.
5638-Such conditions shall include approval by the secretary of the types and
10771+environment that such solid waste disposal area or solid waste processing
10772+facility has met all applicable post-closure care requirements of 40 C.F.R.
10773+257 subpart D, and article 29 of the Kansas administrative regulations,
10774+then such disposal area or facility shall no longer be subject to permitting
10775+under this paragraph.
10776+(f) Plans, designs and relevant data for the construction of solid waste
10777+processing facilities and disposal sites shall be prepared by a professional
10778+engineer licensed to practice in Kansas and shall be submitted to the
10779+department for approval prior to the construction, alteration or operation of
10780+such facility or area. In adopting rules and regulations, the secretary may
10781+specify sites, areas or facilities where the environmental impact is minimal
10782+and may waive such preparation requirements provided that a review of
10783+such plans is conducted by a professional engineer licensed to practice in
10784+Kansas.
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10828+(g) Each permit granted by the secretary, as provided in this act, shall
10829+be subject to such conditions as the secretary deems necessary to protect
10830+human health and the environment and to conserve the sites. Such
10831+conditions shall include approval by the secretary of the types and
563910832 quantities of solid waste allowable for processing or disposal at the
564010833 permitted location.
5641-(h) (1) Before issuing or renewing a permit to operate a solid
5642-waste processing facility or solid waste disposal area, the secretary
5643-shall require the permittee to demonstrate that funds are available to
5644-ensure payment of the cost of closure and postclosure care and provide
5645-liability insurance for accidental occurrences at the permitted facility.
5646-(2) If the permittee owns the land where the solid waste
5647-processing facility or disposal area is located or the permit for the
5648-facility was issued before the date this act is published in the Kansas
5649-register, the permittee shall satisfy the financial assurance requirement
5650-for closure and postclosure care by providing a trust fund, a surety
5651-bond guaranteeing payment, an irrevocable letter of credit or insurance
5652-policy, or by passing a financial test or obtaining a financial guarantee
5653-from a related entity, to guarantee the future availability of funds. The
5654-secretary shall prescribe the methods to be used by a permittee to
5655-demonstrate sufficient financial strength to become eligible to use a
5656-financial test or a financial guarantee procedure in lieu of providing the
5657-other financial instruments. Solid waste processing facilities or disposal
5658-areas, except municipal solid waste landfills, may also demonstrate
5659-financial assurance costs by use of ad valorem taxing power.
10834+(h) (1) Before issuing or renewing a permit to operate a solid waste
10835+processing facility or solid waste disposal area, the secretary shall require
10836+the permittee to demonstrate that funds are available to ensure payment of
10837+the cost of closure and postclosure care and provide liability insurance for
10838+accidental occurrences at the permitted facility.
10839+(2) If the permittee owns the land where the solid waste processing
10840+facility or disposal area is located or the permit for the facility was issued
10841+before the date this act is published in the Kansas register, the permittee
10842+shall satisfy the financial assurance requirement for closure and
10843+postclosure care by providing a trust fund, a surety bond guaranteeing
10844+payment, an irrevocable letter of credit or insurance policy, or by passing a
10845+financial test or obtaining a financial guarantee from a related entity, to
10846+guarantee the future availability of funds. The secretary shall prescribe the
10847+methods to be used by a permittee to demonstrate sufficient financial
10848+strength to become eligible to use a financial test or a financial guarantee
10849+procedure in lieu of providing the other financial instruments. Solid waste
10850+processing facilities or disposal areas, except municipal solid waste
10851+landfills, may also demonstrate financial assurance costs by use of ad
10852+valorem taxing power.
566010853 (3) If the permittee does not own the land where the solid waste
5661-processing facility or disposal area is located and the permit for the
5662-facility is issued after the date this act is published in the Kansas
5663-register, the permittee shall satisfy the financial assurance requirement
5664-for closure and postclosure care by providing a trust fund, a surety
5665-bond guaranteeing payment, or an irrevocable letter of credit.
10854+processing facility or disposal area is located and the permit for the facility
10855+is issued after the date this act is published in the Kansas register, the
10856+permittee shall satisfy the financial assurance requirement for closure and
10857+postclosure care by providing a trust fund, a surety bond guaranteeing
10858+payment, or an irrevocable letter of credit.
566610859 (4) The secretary shall require each permittee of a solid waste
5667-processing facility or disposal area to provide liability insurance
5668-coverage during the period that the facility or area is active, and during
5669-the term of the facility or area is subject to postclosure care, in such SENATE BILL No. 491—page 97
5670-amount as determined by the secretary to insure the financial
5671-responsibility of the permittee for accidental occurrences at the site of
5672-the facility or area. Any such liability insurance as may be required
5673-pursuant to this subsection or pursuant to the rules and regulations of
5674-the secretary shall be issued by an insurance company authorized to do
5675-business in Kansas or by a licensed insurance agent operating under
5676-authority of K.S.A. 40-246b, and amendments thereto, and shall be
5677-subject to the insurer's policy provisions filed with and approved by the
5678-commissioner of insurance pursuant to K.S.A. 40-216, and
5679-amendments thereto, except as authorized by K.S.A. 40-246b, and
5680-amendments thereto. Nothing contained in this subsection shall be
5681-deemed to apply to any state agency or department or agency of the
5682-federal government.
5683-(i) (1) Permits granted by the secretary as provided by this act
5684-shall not be transferable except as follows:
5685-(A) A permit for a solid waste disposal area may be transferred if
5686-the area is permitted for only solid waste produced on site from
5687-manufacturing and industrial processes or on-site construction or
5688-demolition activities and the only change in the permit is a name
5689-change resulting from a merger, acquisition, sale, corporate
5690-restructuring or other business transaction.
10860+processing facility or disposal area to provide liability insurance coverage
10861+during the period that the facility or area is active, and during the term of
10862+the facility or area is subject to postclosure care, in such amount as
10863+determined by the secretary to insure the financial responsibility of the
10864+permittee for accidental occurrences at the site of the facility or area. Any
10865+such liability insurance as may be required pursuant to this subsection or
10866+pursuant to the rules and regulations of the secretary shall be issued by an
10867+insurance company authorized to do business in Kansas or by a licensed
10868+insurance agent operating under authority of K.S.A. 40-246b, and
10869+amendments thereto, and shall be subject to the insurer's policy provisions
10870+filed with and approved by the commissioner of insurance pursuant to
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10914+K.S.A. 40-216, and amendments thereto, except as authorized by K.S.A.
10915+40-246b, and amendments thereto. Nothing contained in this subsection
10916+shall be deemed to apply to any state agency or department or agency of
10917+the federal government.
10918+(i) (1) Permits granted by the secretary as provided by this act shall
10919+not be transferable except as follows:
10920+(A) A permit for a solid waste disposal area may be transferred if the
10921+area is permitted for only solid waste produced on site from manufacturing
10922+and industrial processes or on-site construction or demolition activities and
10923+the only change in the permit is a name change resulting from a merger,
10924+acquisition, sale, corporate restructuring or other business transaction.
569110925 (B) A permit for a solid waste disposal area or a solid waste
569210926 processing facility may be transferred if the secretary approves of the
569310927 transfer based upon information submitted to the secretary sufficient to
569410928 conduct a background investigation of the new owner as specified in
5695-subsections (c) and (d) and a financial assurance evaluation as specified
5696-in subsection (h). Such information shall be submitted to the secretary
5697-not more than one year nor less than 60 days before the transfer. If the
5698-secretary does not approve or disapprove the transfer within 30 days
5699-after all required information is submitted to the secretary, the transfer
5700-shall be deemed to have been approved.
5701-(2) Permits granted by the secretary as provided by this act shall
5702-be revocable or subject to suspension whenever the secretary shall
5703-determine that the solid waste processing or disposal facility or area is,
5704-or has been constructed or operated in violation of this act or the rules
5705-and regulations or standards adopted pursuant to the act, or is creating
5706-or threatens to create a hazard to persons or property in the area or to
5707-the environment, or is creating or threatens to create a public nuisance,
5708-or upon the failure to make payment of any fee required under this act.
5709-(3) The secretary also may revoke, suspend or refuse to issue a
5710-permit when the secretary determines that past or continuing violations
5711-of the provisions of subsection (c)(3) or K.S.A. 65-3409 or 65-3424b,
5712-and amendments thereto, have been committed by a permittee, or any
5713-principal, shareholder or other person capable of exercising partial or
5714-total control over a permittee.
10929+subsections (c) and (d) and a financial assurance evaluation as specified in
10930+subsection (h). Such information shall be submitted to the secretary not
10931+more than one year nor less than 60 days before the transfer. If the
10932+secretary does not approve or disapprove the transfer within 30 days after
10933+all required information is submitted to the secretary, the transfer shall be
10934+deemed to have been approved.
10935+(2) Permits granted by the secretary as provided by this act shall be
10936+revocable or subject to suspension whenever the secretary shall determine
10937+that the solid waste processing or disposal facility or area is, or has been
10938+constructed or operated in violation of this act or the rules and regulations
10939+or standards adopted pursuant to the act, or is creating or threatens to
10940+create a hazard to persons or property in the area or to the environment, or
10941+is creating or threatens to create a public nuisance, or upon the failure to
10942+make payment of any fee required under this act.
10943+(3) The secretary also may revoke, suspend or refuse to issue a permit
10944+when the secretary determines that past or continuing violations of the
10945+provisions of subsection (c)(3) or K.S.A. 65-3409 or 65-3424b, and
10946+amendments thereto, have been committed by a permittee, or any
10947+principal, shareholder or other person capable of exercising partial or total
10948+control over a permittee.
571510949 (j) Except as otherwise provided by subsection (i)(1), the secretary
571610950 may require a new permit application to be submitted for a solid waste
571710951 processing facility or a solid waste disposal area in response to any
571810952 change, either directly or indirectly, in ownership or control of the
571910953 permitted real property or the existing permittee.
572010954 (k) In case any permit is denied, suspended or revoked the person,
572110955 city, county or other political subdivision or state agency may request a
572210956 hearing before the secretary in accordance with K.S.A. 65-3412, and
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572311000 amendments thereto.
5724-(l) (1) No permit to construct or operate a solid waste disposal
5725-area shall be issued on or after the effective date of this act if such area
5726-is located within
5727-1
5728-/2 mile of a navigable stream used for interstate
5729-commerce or within one mile of an intake point for any public surface
5730-water supply system. SENATE BILL No. 491—page 98
11001+(l) (1) No permit to construct or operate a solid waste disposal area
11002+shall be issued on or after the effective date of this act if such area is
11003+located within
11004+1
11005+/2 mile of a navigable stream used for interstate commerce
11006+or within one mile of an intake point for any public surface water supply
11007+system.
573111008 (2) Any permit, issued before the effective date of this act, to
5732-construct or operate a solid waste disposal area is hereby declared void
5733-if such area is not yet in operation and is located within
11009+construct or operate a solid waste disposal area is hereby declared void if
11010+such area is not yet in operation and is located within
573411011 1
573511012 /2 mile of a
573611013 navigable stream used for interstate commerce or within one mile of an
573711014 intake point for any public surface water supply system.
573811015 (3) The provisions of this subsection shall not be construed to
573911016 prohibit:
5740-(A) Issuance of a permit for lateral expansion onto land
5741-contiguous to a permitted solid waste disposal area in operation on the
5742-effective date of this act;
5743-(B) issuance of a permit for a solid waste disposal area for
5744-disposal of a solid waste by-product produced on-site;
5745-(C) renewal of an existing permit for a solid waste area in
5746-operation on the effective date of this act; or
5747-(D) activities regulated under K.S.A. 65-163 through 65-165 or
5748-65-171d, and amendments thereto.
11017+(A) Issuance of a permit for lateral expansion onto land contiguous to
11018+a permitted solid waste disposal area in operation on the effective date of
11019+this act;
11020+(B) issuance of a permit for a solid waste disposal area for disposal of
11021+a solid waste by-product produced on-site;
11022+(C) renewal of an existing permit for a solid waste area in operation
11023+on the effective date of this act; or
11024+(D) activities regulated under K.S.A. 65-163 through 65-165 or 65-
11025+171d, and amendments thereto.
574911026 (m) Before reviewing any application for a solid waste processing
575011027 facility or solid waste disposal area, the secretary shall require the
575111028 following information as part of the application:
5752-(1) Certification by the board of county commissioners or the
5753-mayor of a designated city responsible for the development and
5754-adoption of the solid waste management plan for the location where the
5755-processing facility or disposal area is or will be located that the
5756-processing facility or disposal area is consistent with the plan. This
5757-certification shall not apply to a solid waste disposal area for disposal
5758-of only solid waste produced on site from manufacturing and industrial
5759-processes or from on-site construction or demolition activities.
11029+(1) Certification by the board of county commissioners or the mayor
11030+of a designated city responsible for the development and adoption of the
11031+solid waste management plan for the location where the processing facility
11032+or disposal area is or will be located that the processing facility or disposal
11033+area is consistent with the plan. This certification shall not apply to a solid
11034+waste disposal area for disposal of only solid waste produced on site from
11035+manufacturing and industrial processes or from on-site construction or
11036+demolition activities.
576011037 (2) If the location is zoned, certification by the local planning and
5761-zoning authority that the processing facility or disposal area is
5762-consistent with local land use restrictions or, if the location is not
5763-zoned, certification from the board of county commissioners that the
5764-processing facility or disposal area is compatible with surrounding land
5765-use.
11038+zoning authority that the processing facility or disposal area is consistent
11039+with local land use restrictions or, if the location is not zoned, certification
11040+from the board of county commissioners that the processing facility or
11041+disposal area is compatible with surrounding land use.
576611042 (3) For a solid waste disposal area permit issued on or after July 1,
5767-1999, proof that the applicant either owns the land where the disposal
5768-area will be located or operates the solid waste disposal area for an
5769-adjacent or on-site industrial facility, if the disposal area is:
11043+1999, proof that the applicant either owns the land where the disposal area
11044+will be located or operates the solid waste disposal area for an adjacent or
11045+on-site industrial facility, if the disposal area is:
577011046 (A) A municipal solid waste landfill; or
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11089+43 SB 491 130
577111090 (B) a solid waste disposal area that has:
577211091 (i) A leachate or gas collection or treatment system;
577311092 (ii) waste containment systems or appurtenances with planned
577411093 maintenance schedules; or
5775-(iii) an environmental monitoring system with planned
5776-maintenance schedules or periodic sampling and analysis requirements.
11094+(iii) an environmental monitoring system with planned maintenance
11095+schedules or periodic sampling and analysis requirements.
577711096 (4) If the applicant does not own the land, the applicant shall also
577811097 provide proof that the applicant has acquired and duly recorded an
577911098 easement to the landfill property. The easement shall authorize the
578011099 applicant to carry out landfill operations, closure, post-closure care,
5781-monitoring, and all related construction activities on the landfill
5782-property as required by applicable solid waste laws and regulations, as
5783-established in permit conditions, or as ordered or directed by the
5784-secretary. Such easement shall run with the land if the landfill property
5785-is transferred and the easement may only be vacated with the consent of
5786-the secretary. These requirements shall not apply to a permit for lateral
5787-or vertical expansion contiguous to a permitted solid waste disposal
5788-area in operation on July 1, 1999, if such expansion is on land leased by
5789-the permittee before April 1, 1999.
11100+monitoring, and all related construction activities on the landfill property
11101+as required by applicable solid waste laws and regulations, as established
11102+in permit conditions, or as ordered or directed by the secretary. Such
11103+easement shall run with the land if the landfill property is transferred and
11104+the easement may only be vacated with the consent of the secretary. These
11105+requirements shall not apply to a permit for lateral or vertical expansion
11106+contiguous to a permitted solid waste disposal area in operation on July 1,
11107+1999, if such expansion is on land leased by the permittee before April 1,
11108+1999.
579011109 Sec. 59. K.S.A. 65-3503 is hereby amended to read as follows: 65-
5791-3503. (a) It shall be the duty of the board to: SENATE BILL No. 491—page 99
11110+3503. (a) It shall be the duty of the board to:
579211111 (1) Develop, impose and enforce standards that shall be met by
579311112 individuals in order to receive a license as an adult care home
579411113 administrator and that shall be designed to ensure that adult care home
579511114 administrators will be individuals who are of good character and are
579611115 otherwise suitable, and who, by training or experience in the field of
579711116 institutional administration, are qualified to serve as adult care home
579811117 administrators;
5799-(2) develop examinations and investigations for determining
5800-whether an individual meets such standards;
5801-(3) issue licenses to individuals who meet such standards, and
5802-revoke or suspend licenses issued by the board or reprimand, censure or
5803-otherwise discipline a person holding any such license as provided
5804-under K.S.A. 65-3508, and amendments thereto;
11118+(2) develop examinations and investigations for determining whether
11119+an individual meets such standards;
11120+(3) issue licenses to individuals who meet such standards, and revoke
11121+or suspend licenses issued by the board or reprimand, censure or otherwise
11122+discipline a person holding any such license as provided under K.S.A. 65-
11123+3508, and amendments thereto;
580511124 (4) establish and carry out procedures designed to ensure that
580611125 individuals licensed as adult care home administrators comply with the
580711126 requirements of such standards; and
5808-(5) receive, investigate and take appropriate action under K.S.A.
5809-65-3505, and amendments thereto, and rules and regulations adopted
5810-by the board with respect to any charge or complaint filed with the
5811-board to the effect that any person licensed as an adult care home
5812-administrator may be subject to disciplinary action under K.S.A. 65-
5813-3505 and 65-3508, and amendments thereto.
11127+(5) receive, investigate and take appropriate action under K.S.A. 65-
11128+3505, and amendments thereto, and rules and regulations adopted by the
11129+board with respect to any charge or complaint filed with the board to the
11130+effect that any person licensed as an adult care home administrator may be
11131+subject to disciplinary action under K.S.A. 65-3505 and 65-3508, and
11132+amendments thereto.
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11175+43 SB 491 131
581411176 (b) The board shall also have the power to make rules and
5815-regulations, not inconsistent with law, as may be necessary for the
5816-proper performance of its duties, and to have subpoenas issued
5817-pursuant to K.S.A. 60-245, and amendments thereto, in the board's
5818-exercise of its power and to take such other actions as may be
5819-necessary to enable the state to meet the requirements set forth in
5820-section 1908 of the social security act, the federal rules and regulations
5821-promulgated thereunder and other pertinent federal authority.
11177+regulations, not inconsistent with law, as may be necessary for the proper
11178+performance of its duties, and to have subpoenas issued pursuant to K.S.A.
11179+60-245, and amendments thereto, in the board's exercise of its power and
11180+to take such other actions as may be necessary to enable the state to meet
11181+the requirements set forth in section 1908 of the social security act, the
11182+federal rules and regulations promulgated thereunder and other pertinent
11183+federal authority.
582211184 (c) The board shall fix by rules and regulations the licensure fee,
582311185 temporary license fee, renewal fee, late renewal fee, reinstatement fee,
582411186 reciprocity fee, sponsorship fee, wall or wallet card license replacement
582511187 fee, duplicate wall license fee for any administrator serving as
5826-administrator in more than one facility and, if necessary, an
5827-examination fee under this act. Such fees shall be fixed in an amount to
5828-cover the costs of administering the provisions of the act. No fee shall
5829-be more than $200. The secretary for aging and disability services shall
5830-remit all moneys received from fees, charges or penalties under this act
5831-to the state treasurer in accordance with the provisions of K.S.A. 75-
5832-4215, and amendments thereto. Upon receipt of each such remittance,
5833-the state treasurer shall deposit the entire amount in the state treasury to
5834-the credit of the health occupations credentialing fee fund created by
5835-K.S.A. 39-979, and amendments thereto.
5836-(d) The board upon request shall receive from the Kansas bureau
5837-of investigation, without charge, such criminal history record
5838-information relating to criminal convictions as necessary for the
5839-purpose of determining initial and continuing qualifications of licensees
5840-of and applicants for licensure by the board in accordance with section
5841-3, and amendments thereto.
11188+administrator in more than one facility and, if necessary, an examination
11189+fee under this act. Such fees shall be fixed in an amount to cover the costs
11190+of administering the provisions of the act. No fee shall be more than $200.
11191+The secretary for aging and disability services shall remit all moneys
11192+received from fees, charges or penalties under this act to the state treasurer
11193+in accordance with the provisions of K.S.A. 75-4215, and amendments
11194+thereto. Upon receipt of each such remittance, the state treasurer shall
11195+deposit the entire amount in the state treasury to the credit of the health
11196+occupations credentialing fee fund created by K.S.A. 39-979, and
11197+amendments thereto.
11198+(d) The board upon request shall receive from the Kansas bureau of
11199+investigation, without charge, such criminal history record information
11200+relating to criminal convictions as necessary for the purpose of
11201+determining initial and continuing qualifications of licensees of and
11202+applicants for licensure by the board in accordance with section 3, and
11203+amendments thereto.
584211204 Sec. 60. K.S.A. 65-4209 is hereby amended to read as follows: 65-
584311205 4209. (a) The board may deny, revoke, limit or suspend any license to
5844-practice as a mental health technician issued or applied for in
5845-accordance with the provisions of this act, may publicly or privately
5846-censure a licensee or may otherwise discipline a licensee upon proof
5847-that the licensee:
5848-(1) Is guilty of fraud or deceit in procuring or attempting to
5849-procure a license to practice mental health technology;
5850-(2) is unable to practice with reasonable skill and safety due to SENATE BILL No. 491—page 100
11206+practice as a mental health technician issued or applied for in accordance
11207+with the provisions of this act, may publicly or privately censure a licensee
11208+or may otherwise discipline a licensee upon proof that the licensee:
11209+(1) Is guilty of fraud or deceit in procuring or attempting to procure a
11210+license to practice mental health technology;
11211+(2) is unable to practice with reasonable skill and safety due to
585111212 current abuse of drugs or alcohol;
585211213 (3) to be a person who has been adjudged in need of a guardian or
5853-conservator, or both, under the act for obtaining a guardian or
5854-conservator, or both, and who has not been restored to capacity under
5855-that act;
5856-(4) is incompetent or grossly negligent in carrying out the
5857-functions of a mental health technician;
11214+conservator, or both, under the act for obtaining a guardian or conservator,
11215+or both, and who has not been restored to capacity under that act;
11216+(4) is incompetent or grossly negligent in carrying out the functions
11217+of a mental health technician;
585811218 (5) has committed unprofessional conduct as defined by rules and
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11261+43 SB 491 132
585911262 regulations of the board;
586011263 (6) has been convicted of a felony or has been convicted of a
586111264 misdemeanor involving an illegal drug offense, unless the applicant or
586211265 licensee establishes sufficient rehabilitation to warrant the public trust,
5863-except that notwithstanding K.S.A. 74-120, and amendments thereto,
5864-no license, certificate of qualification or authorization to practice as a
5865-licensed mental health technician shall be granted to a person with a
5866-felony conviction for a crime against persons as specified in article 34
5867-of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or
5868-article 54 of chapter 21 of the Kansas Statutes Annotated or K.S.A. 21-
5869-6104, 21-6325, 21-6326 or 21-6418, and amendments thereto;
5870-(7) has committed an act of professional incompetency as defined
5871-in subsection (e);
11266+except that notwithstanding K.S.A. 74-120, and amendments thereto, no
11267+license, certificate of qualification or authorization to practice as a licensed
11268+mental health technician shall be granted to a person with a felony
11269+conviction for a crime against persons as specified in article 34 of chapter
11270+21 of the Kansas Statutes Annotated, prior to their repeal, or article 54 of
11271+chapter 21 of the Kansas Statutes Annotated or K.S.A. 21-6104, 21-6325,
11272+21-6326 or 21-6418, and amendments thereto;
11273+(7) has committed an act of professional incompetency as defined in
11274+subsection (e);
587211275 (8) to have willfully or repeatedly violated the provisions of the
587311276 mental health technician's licensure act or rules and regulations adopted
587411277 under that act and amendments thereto; or
587511278 (9) to have a license to practice mental health technology denied,
5876-revoked, limited or suspended, or to be publicly or privately censured,
5877-by a licensing authority of another state, agency of the United States
11279+revoked, limited or suspended, or to be publicly or privately censured, by a
11280+licensing authority of another state, agency of the United States
587811281 government, territory of the United States or country or to have other
587911282 disciplinary action taken against the applicant or licensee by a licensing
588011283 authority of another state, agency of the United States government,
5881-territory of the United States or country. A certified copy of the record
5882-or order of public or private censure, denial, suspension, limitation,
5883-revocation or other disciplinary action of the licensing authority of
5884-another state, agency of the United States government, territory of the
5885-United States or country shall constitute prima facie evidence of such a
5886-fact for purposes of this paragraph (9).
5887-(b) Upon filing a sworn complaint with the board charging a
5888-person with having been guilty of any of the unlawful practices
5889-specified in subsection (a), two or more members of the board shall
5890-investigate the charges, or the board may designate and authorize an
5891-employee or employees of the board to conduct an investigation. After
5892-investigation, the board may institute charges. If an investigation, in the
5893-opinion of the board, reveals reasonable grounds to believe the
5894-applicant or licensee is guilty of the charges, the board shall fix a time
5895-and place for proceedings, which shall be conducted in accordance with
5896-the Kansas administrative procedure act.
11284+territory of the United States or country. A certified copy of the record or
11285+order of public or private censure, denial, suspension, limitation,
11286+revocation or other disciplinary action of the licensing authority of another
11287+state, agency of the United States government, territory of the United
11288+States or country shall constitute prima facie evidence of such a fact for
11289+purposes of this paragraph (9).
11290+(b) Upon filing a sworn complaint with the board charging a person
11291+with having been guilty of any of the unlawful practices specified in
11292+subsection (a), two or more members of the board shall investigate the
11293+charges, or the board may designate and authorize an employee or
11294+employees of the board to conduct an investigation. After investigation,
11295+the board may institute charges. If an investigation, in the opinion of the
11296+board, reveals reasonable grounds to believe the applicant or licensee is
11297+guilty of the charges, the board shall fix a time and place for proceedings,
11298+which shall be conducted in accordance with the Kansas administrative
11299+procedure act.
589711300 (c) No person shall be excused from testifying in any proceedings
589811301 before the board under the mental health technician's licensure act or in
589911302 any civil proceedings under such act before a court of competent
5900-jurisdiction on the ground that the testimony may incriminate the
5901-person testifying, but such testimony shall not be used against the
5902-person for the prosecution of any crime under the laws of this state
5903-except the crime of perjury as defined in K.S.A. 21-5903, and
5904-amendments thereto.
11303+jurisdiction on the ground that the testimony may incriminate the person
11304+testifying, but such testimony shall not be used against the person for the
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11348+prosecution of any crime under the laws of this state except the crime of
11349+perjury as defined in K.S.A. 21-5903, and amendments thereto.
590511350 (d) If final agency action of the board in a proceeding under this
590611351 section is adverse to the applicant or licensee, the costs of the board's
590711352 proceedings shall be charged to the applicant or licensee as in ordinary
5908-civil actions in the district court, but if the board is the unsuccessful
5909-party, the costs shall be paid by the board. Witness fees and costs may SENATE BILL No. 491—page 101
5910-be taxed by the board according to the statutes relating to procedure in
5911-the district court. All costs accrued by the board, when it is the
5912-successful party, and which the attorney general certifies cannot be
5913-collected from the applicant or licensee shall be paid from the board of
5914-nursing fee fund. All moneys collected following board proceedings
5915-shall be credited in full to the board of nursing fee fund.
11353+civil actions in the district court, but if the board is the unsuccessful party,
11354+the costs shall be paid by the board. Witness fees and costs may be taxed
11355+by the board according to the statutes relating to procedure in the district
11356+court. All costs accrued by the board, when it is the successful party, and
11357+which the attorney general certifies cannot be collected from the applicant
11358+or licensee shall be paid from the board of nursing fee fund. All moneys
11359+collected following board proceedings shall be credited in full to the board
11360+of nursing fee fund.
591611361 (e) As used in this section, "professional incompetency" means:
591711362 (1) One or more instances involving failure to adhere to the
5918-applicable standard of care to a degree which constitutes gross
5919-negligence, as determined by the board;
11363+applicable standard of care to a degree which constitutes gross negligence,
11364+as determined by the board;
592011365 (2) repeated instances involving failure to adhere to the applicable
592111366 standard of care to a degree which constitutes ordinary negligence, as
592211367 determined by the board; or
592311368 (3) a pattern of practice or other behavior which demonstrates a
5924-manifest incapacity or incompetence to practice mental health
5925-technology.
5926-(f) The board upon request shall receive from the Kansas bureau
5927-of investigation such criminal history record information relating to
5928-criminal convictions as necessary for the purpose of determining initial
5929-and continuing qualifications of licensees of and applicants for
5930-licensure by the board in accordance with section 3, and amendments
5931-thereto.
11369+manifest incapacity or incompetence to practice mental health technology.
11370+(f) The board upon request shall receive from the Kansas bureau of
11371+investigation such criminal history record information relating to criminal
11372+convictions as necessary for the purpose of determining initial and
11373+continuing qualifications of licensees of and applicants for licensure by the
11374+board in accordance with section 3, and amendments thereto.
593211375 (g) All proceedings under this section shall be conducted in
5933-accordance with the provisions of the Kansas administrative procedure
5934-act.
11376+accordance with the provisions of the Kansas administrative procedure act.
593511377 Sec. 61. K.S.A. 65-5117 is hereby amended to read as follows: 65-
593611378 5117. (a) As used in this section:
593711379 (1) "Applicant" means an individual who applies for employment
5938-with a home health agency or applies to work for an employment
5939-agency or as an independent contractor that provides staff to a home
5940-health agency.
5941-(2) "Completion of the sentence" means the last day of the entire
5942-term of incarceration imposed by a sentence, including any term that is
5943-deferred, suspended or subject to parole, probation, diversion,
5944-community corrections, fines, fees, restitution or any other imposed
5945-sentencing requirements.
11380+with a home health agency or applies to work for an employment agency
11381+or as an independent contractor that provides staff to a home health
11382+agency.
11383+(2) "Completion of the sentence" means the last day of the entire term
11384+of incarceration imposed by a sentence, including any term that is
11385+deferred, suspended or subject to parole, probation, diversion, community
11386+corrections, fines, fees, restitution or any other imposed sentencing
11387+requirements.
594611388 (3) "Department" means the Kansas department for aging and
594711389 disability services.
5948-(4) "Direct access" means work that involves an actual or
5949-reasonable expectation of one-on-one interaction with a consumer or a
5950-consumer's property, personally identifiable information, medical
5951-records, treatment information or financial information.
5952-(5) "Direct supervision" means that a supervisor is physically
5953-present within an immediate distance to a supervisee and is available to
5954-provide constant direction, feedback and assistance to a client and the
5955-supervisee.
5956-(6) "Employment agency" means an organization or entity that has
5957-a contracted relationship with a home health agency to provide staff
5958-with direct access to consumers.
5959-(7) "Independent contractor" means an organization, entity, agency
5960-or individual that provides contracted workers or services to a home
5961-health agency.
5962-(b) (1) No person shall knowingly operate a home health agency
5963-if, for the home health agency, there works any person who has adverse
11390+(4) "Direct access" means work that involves an actual or reasonable
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11434+expectation of one-on-one interaction with a consumer or a consumer's
11435+property, personally identifiable information, medical records, treatment
11436+information or financial information.
11437+(5) "Direct supervision" means that a supervisor is physically present
11438+within an immediate distance to a supervisee and is available to provide
11439+constant direction, feedback and assistance to a client and the supervisee.
11440+(6) "Employment agency" means an organization or entity that has a
11441+contracted relationship with a home health agency to provide staff with
11442+direct access to consumers.
11443+(7) "Independent contractor" means an organization, entity, agency or
11444+individual that provides contracted workers or services to a home health
11445+agency.
11446+(b) (1) No person shall knowingly operate a home health agency if,
11447+for the home health agency, there works any person who has adverse
596411448 findings on any state or national registry, as defined in rules and
596511449 regulations adopted by the secretary for aging and disability services, or
5966-has been convicted of or has been adjudicated a juvenile offender
5967-because of having committed an act that if done by an adult would
5968-constitute the commission of capital murder, pursuant to K.S.A. 21- SENATE BILL No. 491—page 102
5969-3439, prior to its repeal, or K.S.A. 21-5401, and amendments thereto,
5970-first degree murder, pursuant to K.S.A. 21-3401, prior to its repeal, or
5971-K.S.A. 21-5402, and amendments thereto, second degree murder,
5972-pursuant to K.S.A. 21-3402(a), prior to its repeal, or K.S.A. 21-
5973-5403(a), and amendments thereto, voluntary manslaughter, pursuant to
5974-K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and
5975-amendments thereto, assisting suicide, pursuant to K.S.A. 21-3406,
5976-prior to its repeal, or K.S.A. 21-5407, and amendments thereto,
5977-mistreatment of a dependent adult or mistreatment of an elder person,
5978-pursuant to K.S.A. 21-3437, prior to its repeal, or K.S.A. 21-5417, and
5979-amendments thereto, human trafficking, pursuant to K.S.A. 21-3446,
11450+has been convicted of or has been adjudicated a juvenile offender because
11451+of having committed an act that if done by an adult would constitute the
11452+commission of capital murder, pursuant to K.S.A. 21-3439, prior to its
11453+repeal, or K.S.A. 21-5401, and amendments thereto, first degree murder,
11454+pursuant to K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and
11455+amendments thereto, second degree murder, pursuant to K.S.A. 21-
11456+3402(a), prior to its repeal, or K.S.A. 21-5403(a), and amendments thereto,
11457+voluntary manslaughter, pursuant to K.S.A. 21-3403, prior to its repeal, or
11458+K.S.A. 21-5404, and amendments thereto, assisting suicide, pursuant to
11459+K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-5407, and amendments
11460+thereto, mistreatment of a dependent adult or mistreatment of an elder
11461+person, pursuant to K.S.A. 21-3437, prior to its repeal, or K.S.A. 21-5417,
11462+and amendments thereto, human trafficking, pursuant to K.S.A. 21-3446,
598011463 prior to its repeal, or K.S.A. 21-5426(a), and amendments thereto,
598111464 aggravated human trafficking, pursuant to K.S.A. 21-3447, prior to its
5982-repeal, or K.S.A. 21-5426(b), and amendments thereto, rape, pursuant
5983-to K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and
5984-amendments thereto, indecent liberties with a child, pursuant to K.S.A.
5985-21-3503, prior to its repeal, or K.S.A. 21-5506(a), and amendments
5986-thereto, aggravated indecent liberties with a child, pursuant to K.S.A.
5987-21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments
5988-thereto, aggravated criminal sodomy, pursuant to K.S.A. 21-3506, prior
5989-to its repeal, or K.S.A. 21-5504(b), and amendments thereto, indecent
5990-solicitation of a child, pursuant to K.S.A. 21-3510, prior to its repeal, or
5991-K.S.A. 21-5508(a), and amendments thereto, aggravated indecent
5992-solicitation of a child, pursuant to K.S.A. 21-3511, prior to its repeal, or
5993-K.S.A. 21-5508(b), and amendments thereto, sexual exploitation of a
5994-child, pursuant to K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-
5995-5510, and amendments thereto, sexual battery, pursuant to K.S.A. 21-
5996-3517, prior to its repeal, or K.S.A. 21-5505(a), and amendments
5997-thereto, aggravated sexual battery, pursuant to K.S.A. 21-3518, prior to
5998-its repeal, or K.S.A. 21-5505(b), and amendments thereto, commercial
5999-sexual exploitation of a child, pursuant to K.S.A. 21-6422, and
6000-amendments thereto, an attempt to commit any of the crimes listed in
6001-this paragraph, pursuant to K.S.A. 21-3301, prior to its repeal, or
6002-K.S.A. 21-5301, and amendments thereto, a conspiracy to commit any
6003-of the crimes listed in this paragraph, pursuant to K.S.A. 21-3302, prior
6004-to its repeal, or K.S.A. 21-5302, and amendments thereto, or criminal
6005-solicitation of any of the crimes listed in this paragraph, pursuant to
6006-K.S.A. 21-3303, prior to its repeal, or K.S.A. 21-5303, and
6007-amendments thereto, or similar statutes of other states or the federal
6008-government. The provisions of subsection (b)(2)(C) shall not apply to
6009-any person who is employed by a home health agency on or before July
6010-1, 2010, and while continuously employed by the same home health
6011-agency or to any person during or upon successful completion of a
6012-diversion agreement.
11465+repeal, or K.S.A. 21-5426(b), and amendments thereto, rape, pursuant to
11466+K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments
11467+thereto, indecent liberties with a child, pursuant to K.S.A. 21-3503, prior
11468+to its repeal, or K.S.A. 21-5506(a), and amendments thereto, aggravated
11469+indecent liberties with a child, pursuant to K.S.A. 21-3504, prior to its
11470+repeal, or K.S.A. 21-5506(b), and amendments thereto, aggravated
11471+criminal sodomy, pursuant to K.S.A. 21-3506, prior to its repeal, or K.S.A.
11472+21-5504(b), and amendments thereto, indecent solicitation of a child,
11473+pursuant to K.S.A. 21-3510, prior to its repeal, or K.S.A. 21-5508(a), and
11474+amendments thereto, aggravated indecent solicitation of a child, pursuant
11475+to K.S.A. 21-3511, prior to its repeal, or K.S.A. 21-5508(b), and
11476+amendments thereto, sexual exploitation of a child, pursuant to K.S.A. 21-
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11520+3516, prior to its repeal, or K.S.A. 21-5510, and amendments thereto,
11521+sexual battery, pursuant to K.S.A. 21-3517, prior to its repeal, or K.S.A.
11522+21-5505(a), and amendments thereto, aggravated sexual battery, pursuant
11523+to K.S.A. 21-3518, prior to its repeal, or K.S.A. 21-5505(b), and
11524+amendments thereto, commercial sexual exploitation of a child, pursuant
11525+to K.S.A. 21-6422, and amendments thereto, an attempt to commit any of
11526+the crimes listed in this paragraph, pursuant to K.S.A. 21-3301, prior to its
11527+repeal, or K.S.A. 21-5301, and amendments thereto, a conspiracy to
11528+commit any of the crimes listed in this paragraph, pursuant to K.S.A. 21-
11529+3302, prior to its repeal, or K.S.A. 21-5302, and amendments thereto, or
11530+criminal solicitation of any of the crimes listed in this paragraph, pursuant
11531+to K.S.A. 21-3303, prior to its repeal, or K.S.A. 21-5303, and amendments
11532+thereto, or similar statutes of other states or the federal government. The
11533+provisions of subsection (b)(2)(C) shall not apply to any person who is
11534+employed by a home health agency on or before July 1, 2010, and while
11535+continuously employed by the same home health agency or to any person
11536+during or upon successful completion of a diversion agreement.
601311537 (2) A person operating a home health agency may employ an
601411538 applicant who has been convicted of any of the following if six or more
601511539 years have elapsed since completion of the sentence imposed or the
601611540 applicant was discharged from probation, a community correctional
6017-services program, parole, postrelease supervision, conditional release or
6018-a suspended sentence; if six or more years have elapsed since the
6019-applicant has been finally discharged from the custody of the
6020-commissioner of juvenile justice or from probation or has been
6021-adjudicated a juvenile offender, whichever time is longer; or if the
6022-applicant has been granted a waiver of such six-year disqualification: A
6023-felony conviction for a crime that is described in: (A) Article 34 of
6024-chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or
6025-article 54 of chapter 21 of the Kansas Statutes Annotated, and
6026-amendments thereto, except those crimes listed in subsection (b)(1);
6027-(B) article 35 or 36 of chapter 21 of the Kansas Statutes Annotated, SENATE BILL No. 491—page 103
6028-prior to their repeal, or article 55 or 56 of chapter 21 of the Kansas
6029-Statutes Annotated, or K.S.A. 21-6420, and amendments thereto,
6030-except those crimes listed in subsection (b)(1) and K.S.A. 21-3605,
6031-prior to its repeal, or K.S.A. 21-5606, and amendments thereto; (C)
6032-K.S.A. 21-3701, prior to its repeal, or K.S.A. 21-5801, and
6033-amendments thereto; (D) an attempt to commit any of the crimes listed
6034-in this paragraph pursuant to K.S.A. 21-3301, prior to its repeal, or
6035-K.S.A. 21-5301, and amendments thereto; (E) a conspiracy to commit
6036-any of the crimes listed in this paragraph pursuant to K.S.A. 21-3302,
6037-prior to its repeal, or K.S.A. 21-5302, and amendments thereto; (F)
6038-criminal solicitation of any of the crimes listed in this paragraph
6039-pursuant to K.S.A. 21-3303, prior to its repeal, or K.S.A. 21-5303, and
6040-amendments thereto; or (G) similar statutes of other states or the federal
6041-government.
11541+services program, parole, postrelease supervision, conditional release or a
11542+suspended sentence; if six or more years have elapsed since the applicant
11543+has been finally discharged from the custody of the commissioner of
11544+juvenile justice or from probation or has been adjudicated a juvenile
11545+offender, whichever time is longer; or if the applicant has been granted a
11546+waiver of such six-year disqualification: A felony conviction for a crime
11547+that is described in: (A) Article 34 of chapter 21 of the Kansas Statutes
11548+Annotated, prior to their repeal, or article 54 of chapter 21 of the Kansas
11549+Statutes Annotated, and amendments thereto, except those crimes listed in
11550+subsection (b)(1); (B) article 35 or 36 of chapter 21 of the Kansas Statutes
11551+Annotated, prior to their repeal, or article 55 or 56 of chapter 21 of the
11552+Kansas Statutes Annotated, or K.S.A. 21-6420, and amendments thereto,
11553+except those crimes listed in subsection (b)(1) and K.S.A. 21-3605, prior
11554+to its repeal, or K.S.A. 21-5606, and amendments thereto; (C) K.S.A. 21-
11555+3701, prior to its repeal, or K.S.A. 21-5801, and amendments thereto; (D)
11556+an attempt to commit any of the crimes listed in this paragraph pursuant to
11557+K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-5301, and amendments
11558+thereto; (E) a conspiracy to commit any of the crimes listed in this
11559+paragraph pursuant to K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-
11560+5302, and amendments thereto; (F) criminal solicitation of any of the
11561+crimes listed in this paragraph pursuant to K.S.A. 21-3303, prior to its
11562+repeal, or K.S.A. 21-5303, and amendments thereto; or (G) similar statutes
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11606+of other states or the federal government.
604211607 An individual who has been disqualified for employment due to
604311608 conviction or adjudication of an offense listed in this paragraph (2) may
6044-apply to the secretary for aging and disability services for a waiver of
6045-such disqualification if five years have elapsed since completion of the
6046-sentence for such conviction. The secretary shall adopt rules and
6047-regulations establishing the waiver process and the criteria to be
6048-utilized by the secretary in evaluating any such waiver request.
11609+apply to the secretary for aging and disability services for a waiver of such
11610+disqualification if five years have elapsed since completion of the sentence
11611+for such conviction. The secretary shall adopt rules and regulations
11612+establishing the waiver process and the criteria to be utilized by the
11613+secretary in evaluating any such waiver request.
604911614 (3) A person operating a home health agency may employ an
605011615 applicant who has been convicted of any of the following if six or more
605111616 years have elapsed since completion of the sentence imposed or the
605211617 applicant was discharged from probation, a community correctional
6053-services program, parole, postrelease supervision, conditional release or
6054-a suspended sentence; if six or more years have elapsed since the
6055-applicant has been finally discharged from the custody of the
6056-commissioner of juvenile justice or from probation or has been
6057-adjudicated a juvenile offender, whichever time is longer; or if the
6058-applicant has been granted a waiver of such six-year disqualification:
11618+services program, parole, postrelease supervision, conditional release or a
11619+suspended sentence; if six or more years have elapsed since the applicant
11620+has been finally discharged from the custody of the commissioner of
11621+juvenile justice or from probation or has been adjudicated a juvenile
11622+offender, whichever time is longer; or if the applicant has been granted a
11623+waiver of such six-year disqualification:
605911624 (i) Interference with custody of a committed person pursuant to
6060-K.S.A. 21-3423, prior to its repeal, or K.S.A. 21-5410, and
6061-amendments thereto; mistreatment of a confined person pursuant to
6062-K.S.A. 21-3425, prior to its repeal, or K.S.A. 21-5416, and
6063-amendments thereto; unlawful administration of a substance pursuant
6064-to K.S.A. 21-3445, prior to its repeal, or K.S.A. 21-5425, and
6065-amendments thereto; violation of a protective order pursuant to K.S.A.
6066-21-3843, prior to its repeal, or K.S.A. 21-5924; promoting obscenity or
6067-promoting obscenity to minors pursuant to K.S.A. 21-4301 or 21-
6068-4301a, prior to their repeal, or K.S.A. 21-6401, and amendments
6069-thereto; or cruelty to animals pursuant to K.S.A. 21-3727, 21-4310 or
6070-21-4311, prior to their repeal, or K.S.A. 21-6412, and amendments
6071-thereto; or
6072-(ii) any felony conviction of: Unlawful manufacture of a
6073-controlled substance pursuant to K.S.A. 2010 Supp. 21-36a03, prior to
6074-its repeal, or K.S.A. 21-5703, and amendments thereto; unlawful
6075-cultivation or distribution of a controlled substance pursuant to K.S.A.
6076-2010 Supp. 21-36a05, prior to its repeal, or K.S.A. 21-5705, and
6077-amendments thereto; unlawful manufacture, distribution, cultivation or
6078-possession of a controlled substance using a communication facility
6079-pursuant to K.S.A. 2010 Supp. 21-36a07, prior to its repeal, or K.S.A.
6080-21-5707, and amendments thereto; unlawful obtainment or sale of a
6081-prescription-only drug pursuant to K.S.A. 2010 Supp. 21-36a08, prior
6082-to its repeal, or K.S.A. 21-5708, and amendments thereto; unlawful
6083-distribution of drug precursors or drug paraphernalia pursuant to K.S.A.
6084-2010 Supp. 21-36a10, prior to its repeal, or K.S.A. 21-5710, and
6085-amendments thereto; unlawful distribution or possession of a simulated
6086-controlled substance pursuant to K.S.A. 2010 Supp. 21-36a13, prior to SENATE BILL No. 491—page 104
6087-its repeal, or K.S.A. 21-5713, and amendments thereto; forgery
6088-pursuant to K.S.A. 21-3710, prior to its repeal, or K.S.A. 21-5823, and
6089-amendments thereto; criminal use of a financial card pursuant to K.S.A.
6090-21-3729, prior to its repeal, or K.S.A. 21-5828, and amendments
6091-thereto; any violation of the Kansas medicaid fraud control act pursuant
6092-to K.S.A. 21-3844 et seq., prior to their repeal, or K.S.A. 21-5925 et
6093-seq., and amendments thereto; making a false claim, statement or
6094-representation to the medicaid program pursuant to K.S.A. 21-3846,
6095-prior to its repeal, or K.S.A. 21-5927, and amendments thereto;
11625+K.S.A. 21-3423, prior to its repeal, or K.S.A. 21-5410, and amendments
11626+thereto; mistreatment of a confined person pursuant to K.S.A. 21-3425,
11627+prior to its repeal, or K.S.A. 21-5416, and amendments thereto; unlawful
11628+administration of a substance pursuant to K.S.A. 21-3445, prior to its
11629+repeal, or K.S.A. 21-5425, and amendments thereto; violation of a
11630+protective order pursuant to K.S.A. 21-3843, prior to its repeal, or K.S.A.
11631+21-5924; promoting obscenity or promoting obscenity to minors pursuant
11632+to K.S.A. 21-4301 or 21-4301a, prior to their repeal, or K.S.A. 21-6401,
11633+and amendments thereto; or cruelty to animals pursuant to K.S.A. 21-
11634+3727, 21-4310 or 21-4311, prior to their repeal, or K.S.A. 21-6412, and
11635+amendments thereto; or
11636+(ii) any felony conviction of: Unlawful manufacture of a controlled
11637+substance pursuant to K.S.A. 2010 Supp. 21-36a03, prior to its repeal, or
11638+K.S.A. 21-5703, and amendments thereto; unlawful cultivation or
11639+distribution of a controlled substance pursuant to K.S.A. 2010 Supp. 21-
11640+36a05, prior to its repeal, or K.S.A. 21-5705, and amendments thereto;
11641+unlawful manufacture, distribution, cultivation or possession of a
11642+controlled substance using a communication facility pursuant to K.S.A.
11643+2010 Supp. 21-36a07, prior to its repeal, or K.S.A. 21-5707, and
11644+amendments thereto; unlawful obtainment or sale of a prescription-only
11645+drug pursuant to K.S.A. 2010 Supp. 21-36a08, prior to its repeal, or K.S.A.
11646+21-5708, and amendments thereto; unlawful distribution of drug
11647+precursors or drug paraphernalia pursuant to K.S.A. 2010 Supp. 21-36a10,
11648+prior to its repeal, or K.S.A. 21-5710, and amendments thereto; unlawful
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11692+distribution or possession of a simulated controlled substance pursuant to
11693+K.S.A. 2010 Supp. 21-36a13, prior to its repeal, or K.S.A. 21-5713, and
11694+amendments thereto; forgery pursuant to K.S.A. 21-3710, prior to its
11695+repeal, or K.S.A. 21-5823, and amendments thereto; criminal use of a
11696+financial card pursuant to K.S.A. 21-3729, prior to its repeal, or K.S.A. 21-
11697+5828, and amendments thereto; any violation of the Kansas medicaid fraud
11698+control act pursuant to K.S.A. 21-3844 et seq., prior to their repeal, or
11699+K.S.A. 21-5925 et seq., and amendments thereto; making a false claim,
11700+statement or representation to the medicaid program pursuant to K.S.A.
11701+21-3846, prior to its repeal, or K.S.A. 21-5927, and amendments thereto;
609611702 unlawful acts relating to the medicaid program pursuant to K.S.A. 21-
609711703 3847, prior to its repeal, or K.S.A. 21-5928, and amendments thereto;
6098-obstruction of a medicaid fraud investigation pursuant to K.S.A. 21-
6099-3856, prior to its repeal, or K.S.A. 21-5929, and amendments thereto;
6100-identity theft or identity fraud pursuant to K.S.A. 21-4018, prior to its
6101-repeal, or K.S.A. 21-6107, and amendments thereto; or social welfare
6102-fraud pursuant to K.S.A. 39-720, and amendments thereto. The
6103-provisions of this paragraph shall not apply to any person who is
6104-employed by a home health agency on or before July 1, 2018, and is
6105-continuously employed by the same home health agency or to any
6106-person during or upon successful completion of a diversion agreement.
11704+obstruction of a medicaid fraud investigation pursuant to K.S.A. 21-3856,
11705+prior to its repeal, or K.S.A. 21-5929, and amendments thereto; identity
11706+theft or identity fraud pursuant to K.S.A. 21-4018, prior to its repeal, or
11707+K.S.A. 21-6107, and amendments thereto; or social welfare fraud pursuant
11708+to K.S.A. 39-720, and amendments thereto. The provisions of this
11709+paragraph shall not apply to any person who is employed by a home health
11710+agency on or before July 1, 2018, and is continuously employed by the
11711+same home health agency or to any person during or upon successful
11712+completion of a diversion agreement.
610711713 An individual who has been disqualified for employment due to
610811714 conviction or adjudication of an offense listed in this paragraph (3) may
6109-apply to the secretary for aging and disability services for a waiver of
6110-such disqualification if five years have elapsed since completion of the
6111-sentence for such conviction. The secretary shall adopt rules and
6112-regulations establishing the waiver process and criteria to be considered
6113-by the secretary in evaluating any such waiver request.
6114-(c) No person shall operate a home health agency if such person
6115-has been found to be a person in need of a guardian or a conservator, or
6116-both, as provided in the act for obtaining a guardian or a conservator, or
6117-both. The provisions of this subsection shall not apply to an individual
6118-who, as a minor, was found to be in need of a guardian or conservator
6119-for reasons other than impairment.
6120-(d) (1) The Kansas bureau of investigation shall release all records
6121-of adult and juvenile convictions and adjudications and adult and
6122-juvenile convictions and adjudications of any other state or country
6123-concerning persons working in a home health agency to the secretary
6124-for aging and disability services in accordance with section 2, and
6125-amendments thereto. The Kansas bureau of investigation may charge to
6126-the Kansas department for aging and disability services a reasonable
6127-fee for providing criminal history record information under this
6128-subsection.
6129-(2) The department shall may require an applicant to be
6130-fingerprinted and to submit to a state and national criminal history
6131-record check in accordance with section 2, and amendments thereto.
6132-The fingerprints shall be used to identify the individual and to
6133-determine whether the individual has a record of criminal history in this
6134-state or other jurisdiction. The department is authorized to submit the
6135-fingerprints to the Kansas bureau of investigation and the federal
6136-bureau of investigation for a state and national criminal history record
6137-check. The department may use the information obtained from
6138-fingerprinting and the criminal history record check for purposes of
6139-verifying the identification of the person and for making an official
6140-determination of the qualifications and fitness of the person to work in
6141-the home health agency.
11715+apply to the secretary for aging and disability services for a waiver of such
11716+disqualification if five years have elapsed since completion of the sentence
11717+for such conviction. The secretary shall adopt rules and regulations
11718+establishing the waiver process and criteria to be considered by the
11719+secretary in evaluating any such waiver request.
11720+(c) No person shall operate a home health agency if such person has
11721+been found to be a person in need of a guardian or a conservator, or both,
11722+as provided in the act for obtaining a guardian or a conservator, or both.
11723+The provisions of this subsection shall not apply to an individual who, as a
11724+minor, was found to be in need of a guardian or conservator for reasons
11725+other than impairment.
11726+(d) (1) The Kansas bureau of investigation shall release all records of
11727+adult and juvenile convictions and adjudications and adult and juvenile
11728+convictions and adjudications of any other state or country concerning
11729+persons working in a home health agency to the secretary for aging and
11730+disability services in accordance with section 2, and amendments thereto.
11731+The Kansas bureau of investigation may charge to the Kansas department
11732+for aging and disability services a reasonable fee for providing criminal
11733+history record information under this subsection.
11734+(2) The department shall may require an applicant to be fingerprinted
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11778+and to submit to a state and national criminal history record check in
11779+accordance with section 2, and amendments thereto. The fingerprints shall
11780+be used to identify the individual and to determine whether the individual
11781+has a record of criminal history in this state or other jurisdiction. The
11782+department is authorized to submit the fingerprints to the Kansas bureau of
11783+investigation and the federal bureau of investigation for a state and
11784+national criminal history record check. The department may use the
11785+information obtained from fingerprinting and the criminal history record
11786+check for purposes of verifying the identification of the person and for
11787+making an official determination of the qualifications and fitness of the
11788+person to work in the home health agency.
614211789 (3) An applicant for employment in an a home health agency shall
614311790 have 20 calendar days after receipt of authorization to submit the
6144-applicant's fingerprints through an authorized collection site in order to
6145-be eligible for provisional employment or the applicant's application SENATE BILL No. 491—page 105
6146-shall be deemed withdrawn.
6147-(4) (A) The current or prospective employer of an applicant shall
6148-pay a reasonable fee not to exceed $19 of the total cost for criminal
6149-history record information to the department for each applicant
6150-submitted.
6151-(B) The prospective employer, employee or independent
6152-contractor shall pay the fingerprint collection fee at the time of
6153-fingerprinting to the authorized collection site.
6154-(5) If an applicant disputes the contents of a criminal history
6155-record check, then the applicant may file an appeal with the Kansas
6156-bureau of investigation.
6157-(6) Individuals who have been disqualified for employment by
6158-reason of their criminal history records and who have met the
6159-requirements of this subsection may apply for a waiver with the
6160-department within 30 days of the receipt of the notice of employment
6161-prohibition.
6162-(7) The department shall adopt rules and regulations specifying
6163-the criteria and procedure for issuing a waiver of the employment
6164-prohibition. The secretary shall consider the following criteria when
6165-rendering a decision on such a waiver request: Passage of time;
6166-extenuating circumstances; demonstration of rehabilitation; and
6167-relevancy of the criminal history record information to the position for
6168-which the applicant is applying. Any employment prohibition issued
6169-shall remain in effect unless or until a waiver is granted.
6170-(e) For the purpose of complying with this section, the operator of
6171-a home health agency shall request from the Kansas department for
6172-aging and disability services an eligibility determination regarding
6173-adult and juvenile convictions and adjudications. For the purpose of
6174-complying with this section, a person who operates a home health
6175-agency may hire an applicant for provisional employment on a one-
6176-time basis of 60 calendar days pending the results from the Kansas
6177-department for aging and disability services of a request for
6178-information under this subsection. A provisional employee may only be
6179-supervised by an employee who has completed all training required by
6180-federal regulations, rules and regulations of the department and the
6181-home health agency's policies and procedures. No home health agency,
6182-the operator or employees of a home health agency or an employment
6183-agency or an independent contractor shall be liable for civil damages
6184-resulting from any decision to employ, to refuse to employ or to
6185-discharge from employment any person based on such home health
6186-agency's compliance with the provisions of this section if such home
6187-health agency or employment agency acts in good faith to comply with
6188-this section.
6189-(f) The secretary for aging and disability services shall provide
6190-each operator requesting information under this section with a pass or
6191-fail determination after review of any criminal history information in
6192-writing and within three working days of receipt of such information
6193-from the Kansas bureau of investigation or the federal bureau of
11791+applicant's fingerprints through an authorized collection site in order to be
11792+eligible for provisional employment or the applicant's application shall be
11793+deemed withdrawn.
11794+(4) (A) The current or prospective employer of an applicant shall pay
11795+a reasonable fee not to exceed $19 of the total cost for criminal history
11796+record information to the department for each applicant submitted.
11797+(B) The prospective employer, employee or independent contractor
11798+shall pay the fingerprint collection fee at the time of fingerprinting to the
11799+authorized collection site.
11800+(5) If an applicant disputes the contents of a criminal history record
11801+check, then the applicant may file an appeal with the Kansas bureau of
619411802 investigation.
6195-(g) A person who volunteers to assist a home health agency shall
6196-not be subject to the provisions of this section unless the volunteer
6197-performs functions equivalent to functions performed by direct access
6198-employees.
11803+(6) Individuals who have been disqualified for employment by reason
11804+of their criminal history records and who have met the requirements of this
11805+subsection may apply for a waiver with the department within 30 days of
11806+the receipt of the notice of employment prohibition.
11807+(7) The department shall adopt rules and regulations specifying the
11808+criteria and procedure for issuing a waiver of the employment prohibition.
11809+The secretary shall consider the following criteria when rendering a
11810+decision on such a waiver request: Passage of time; extenuating
11811+circumstances; demonstration of rehabilitation; and relevancy of the
11812+criminal history record information to the position for which the applicant
11813+is applying. Any employment prohibition issued shall remain in effect
11814+unless or until a waiver is granted.
11815+(e) For the purpose of complying with this section, the operator of a
11816+home health agency shall request from the Kansas department for aging
11817+and disability services an eligibility determination regarding adult and
11818+juvenile convictions and adjudications. For the purpose of complying with
11819+this section, a person who operates a home health agency may hire an
11820+applicant for provisional employment on a one-time basis of 60 calendar
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11864+days pending the results from the Kansas department for aging and
11865+disability services of a request for information under this subsection. A
11866+provisional employee may only be supervised by an employee who has
11867+completed all training required by federal regulations, rules and
11868+regulations of the department and the home health agency's policies and
11869+procedures. No home health agency, the operator or employees of a home
11870+health agency or an employment agency or an independent contractor shall
11871+be liable for civil damages resulting from any decision to employ, to refuse
11872+to employ or to discharge from employment any person based on such
11873+home health agency's compliance with the provisions of this section if
11874+such home health agency or employment agency acts in good faith to
11875+comply with this section.
11876+(f) The secretary for aging and disability services shall provide each
11877+operator requesting information under this section with a pass or fail
11878+determination after review of any criminal history information in writing
11879+and within three working days of receipt of such information from the
11880+Kansas bureau of investigation or the federal bureau of investigation.
11881+(g) A person who volunteers to assist a home health agency shall not
11882+be subject to the provisions of this section unless the volunteer performs
11883+functions equivalent to functions performed by direct access employees.
619911884 (h) No person who has been continuously employed by the same
620011885 home health agency since July 1, 1992, shall be subject to the
6201-requirements of this section while employed by such home health
6202-agency.
6203-(i) The operator of a home health agency shall not be required
6204-under this section to conduct a criminal history record check on an SENATE BILL No. 491—page 106
6205-applicant for employment with the home health agency if the applicant
6206-has been the subject of a criminal history record check under this act
6207-within one year prior to the application for employment with the home
6208-health agency.
6209-(j) No person who is in the custody of the secretary of corrections
6210-and who provides services, under direct supervision in non-patient
6211-areas, on the grounds or other areas designated by the superintendent of
6212-the Kansas soldiers' home or the Kansas veterans' home shall be subject
6213-to the provisions of this section while providing such services.
6214-(k) (1) All fees charged by the secretary for criminal history
6215-record checks conducted pursuant to this section shall be established by
6216-rules and regulations of the secretary.
11886+requirements of this section while employed by such home health agency.
11887+(i) The operator of a home health agency shall not be required under
11888+this section to conduct a criminal history record check on an applicant for
11889+employment with the home health agency if the applicant has been the
11890+subject of a criminal history record check under this act within one year
11891+prior to the application for employment with the home health agency.
11892+(j) No person who is in the custody of the secretary of corrections and
11893+who provides services, under direct supervision in non-patient areas, on
11894+the grounds or other areas designated by the superintendent of the Kansas
11895+soldiers' home or the Kansas veterans' home shall be subject to the
11896+provisions of this section while providing such services.
11897+(k) (1) All fees charged by the secretary for criminal history record
11898+checks conducted pursuant to this section shall be established by rules and
11899+regulations of the secretary.
621711900 (2) All moneys collected and remitted to the department for fees
621811901 charged for criminal history record checks conducted pursuant to this
6219-section shall be remitted to the state treasurer in accordance with
6220-K.S.A. 65-5113, and amendments thereto. Upon receipt of each such
6221-remittance, the state treasurer shall deposit the entire amount into the
6222-state treasury to the credit of the state licensure fee fund created by
6223-K.S.A. 39-930, and amendments thereto.
11902+section shall be remitted to the state treasurer in accordance with K.S.A.
11903+65-5113, and amendments thereto. Upon receipt of each such remittance,
11904+the state treasurer shall deposit the entire amount into the state treasury to
11905+the credit of the state licensure fee fund created by K.S.A. 39-930, and
11906+amendments thereto.
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622411950 (l) The department may implement the amendments made to this
622511951 section by this act in phases for different categories of employers. The
622611952 department shall adopt rules and regulations establishing dates and
622711953 procedures for the implementation of the criminal history record checks
622811954 required by this section, and such dates may be staggered to facilitate
622911955 implementation of the criminal history record checks required by this
623011956 section.
6231-(m) This section shall be a part of and supplemental to the
6232-provisions of article 51 of chapter 65 of the Kansas Statutes Annotated,
6233-and amendments thereto.
11957+(m) This section shall be a part of and supplemental to the provisions
11958+of article 51 of chapter 65 of the Kansas Statutes Annotated, and
11959+amendments thereto.
623411960 Sec. 62. K.S.A. 2023 Supp. 65-6129 is hereby amended to read as
623511961 follows: 65-6129. (a) (1) Application for an emergency medical service
6236-provider certificate shall be made to the board. The board shall not
6237-grant an emergency medical service provider certificate unless the
6238-applicant meets the following requirements:
6239-(A) (i) Has successfully completed coursework required by the
6240-rules and regulations adopted by the board;
11962+provider certificate shall be made to the board. The board shall not grant
11963+an emergency medical service provider certificate unless the applicant
11964+meets the following requirements:
11965+(A) (i) Has successfully completed coursework required by the rules
11966+and regulations adopted by the board;
624111967 (ii) has successfully completed coursework in another jurisdiction
6242-that is substantially equivalent to that required by the rules and
6243-regulations adopted by the board; or
11968+that is substantially equivalent to that required by the rules and regulations
11969+adopted by the board; or
624411970 (iii) has provided evidence that such applicant holds a current and
624511971 active certification with the national registry of emergency medical
624611972 technicians, completed emergency medical technician training as a
624711973 member of the army, navy, marine corps, air force, air or army national
624811974 guard, coast guard or any branch of the military reserves of the United
624911975 States that is substantially equivalent to that required by the rules and
6250-regulations adopted by the board, and such applicant separated from
6251-such military service with an honorable discharge;
11976+regulations adopted by the board, and such applicant separated from such
11977+military service with an honorable discharge;
625211978 (B) (i) has passed the examination required by the rules and
625311979 regulations adopted by the board; or
625411980 (ii) has passed the certification or licensing examination in another
625511981 jurisdiction that has been approved by the board; and
6256-(C) has paid an application fee required by the rules and
6257-regulations adopted by the board.
11982+(C) has paid an application fee required by the rules and regulations
11983+adopted by the board.
625811984 (2) The board may grant an emergency medical service provider
6259-certificate to any applicant who meets the requirements under
6260-subsection (a)(1)(A)(iii) but was separated from such military service
6261-with a general discharge under honorable conditions.
6262-(b) (1) The emergency medical services board may require an
6263-original applicant for certification as an emergency medical services SENATE BILL No. 491—page 107
6264-provider to be fingerprinted and submit to a state and national criminal
6265-history record check in accordance with section 2, and amendments
6266-thereto. The fingerprints shall be used to identify the applicant and to
6267-determine whether the applicant has a record of criminal history in this
6268-state or another jurisdiction. The emergency medical services board is
6269-authorized to submit the fingerprints to the Kansas bureau of
6270-investigation and the federal bureau of investigation for a state and
6271-national criminal history record check. The emergency medical services
6272-board may use the information obtained from fingerprinting and the
6273-applicant's criminal history for purposes of verifying the identification
6274-of the applicant and making the official determination of the
6275-qualifications and fitness of the applicant to be issued or to maintain a
6276-certificate.
6277-(2) Local and state law enforcement officers and agencies shall
6278-assist the emergency medical services board in taking the fingerprints
6279-of applicants for license, registration, permit or certificate. The Kansas
11985+certificate to any applicant who meets the requirements under subsection
11986+(a)(1)(A)(iii) but was separated from such military service with a general
11987+discharge under honorable conditions.
11988+(b) (1) The emergency medical services board may require an original
11989+applicant for certification as an emergency medical services provider to be
11990+fingerprinted and submit to a state and national criminal history record
11991+check in accordance with section 2, and amendments thereto. The
11992+fingerprints shall be used to identify the applicant and to determine
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12036+whether the applicant has a record of criminal history in this state or
12037+another jurisdiction. The emergency medical services board is authorized
12038+to submit the fingerprints to the Kansas bureau of investigation and the
12039+federal bureau of investigation for a state and national criminal history
12040+record check. The emergency medical services board may use the
12041+information obtained from fingerprinting and the applicant's criminal
12042+history for purposes of verifying the identification of the applicant and
12043+making the official determination of the qualifications and fitness of the
12044+applicant to be issued or to maintain a certificate.
12045+(2) Local and state law enforcement officers and agencies shall assist
12046+the emergency medical services board in taking the fingerprints of
12047+applicants for license, registration, permit or certificate. The Kansas
628012048 bureau of investigation shall release all records of adult convictions,
6281-nonconvictions or adjudications in this state and any other state or
6282-country to the emergency medical services boardAs used in this
6283-section, "applicant" means a person who has submitted an application
6284-for an emergency medical services provider certificate.
6285-(3) The emergency medical services board may fix and collect a
6286-fee as may be required by the board in an amount equal to the cost of
12049+nonconvictions or adjudications in this state and any other state or country
12050+to the emergency medical services boardAs used in this section,
12051+"applicant" means a person who has submitted an application for an
12052+emergency medical services provider certificate.
12053+(3) The emergency medical services board may fix and collect a fee
12054+as may be required by the board in an amount equal to the cost of
628712055 fingerprinting and the criminal history record check. The emergency
628812056 medical services board shall remit all moneys received from the fees
628912057 established by this section to the state treasurer in accordance with the
6290-provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt
6291-of each such remittance, the state treasurer shall deposit the entire
6292-amount in the state treasury to the credit of the emergency medical
6293-services criminal history and fingerprinting fund.
12058+provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
12059+each such remittance, the state treasurer shall deposit the entire amount in
12060+the state treasury to the credit of the emergency medical services criminal
12061+history and fingerprinting fund.
629412062 (4) There is hereby created in the state treasury the emergency
629512063 medical services criminal history and fingerprinting fund. All moneys
6296-credited to the fund shall be used to pay the Kansas bureau of
6297-investigation for the processing of fingerprints and criminal history
6298-record checks for the emergency medical services board. The fund shall
6299-be administered by the emergency medical services board. All
6300-expenditures from the fund shall be made in accordance with
6301-appropriation acts upon warrants of the director of accounts and reports
6302-issued pursuant to vouchers approved by the chairperson of the
6303-emergency medical services board or the chairperson's designee.
6304-(c) The board shall not grant an initial advanced emergency
6305-medical technician certificate or paramedic certificate as a result of
6306-successful course completion in the state of Kansas, unless the
6307-applicant for such an initial certificate is certified as an emergency
6308-medical technician.
6309-(d) An emergency medical service provider certificate shall expire
6310-on the date prescribed by the board. An emergency medical service
6311-provider certificate may be renewed for a period of two years upon
6312-payment of a fee as prescribed by rule and regulation of the board and
6313-upon presentation of satisfactory proof that the emergency medical
6314-service provider has successfully completed continuing education as
6315-prescribed by the board.
6316-(e) All fees received pursuant to the provisions of this section shall
6317-be remitted to the state treasurer in accordance with the provisions of
6318-K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
6319-remittance, the state treasurer shall deposit the entire amount in the
6320-state treasury to the credit of the emergency medical services operating
6321-fund established by K.S.A. 65-6151, and amendments thereto.
6322-(f) If a person who was previously certified as an emergency SENATE BILL No. 491—page 108
6323-medical service provider applies for an emergency medical service
6324-provider's certificate after the certificate's expiration, the board may
6325-grant a certificate without the person completing an initial course of
6326-instruction or passing a certification examination if the person has
6327-completed education requirements and has paid a fee as specified in
6328-rules and regulations adopted by the board.
6329-(g) The board shall adopt, through rules and regulations, a formal
6330-list of graduated sanctions for violations of article 61 of chapter 65 of
6331-the Kansas Statutes Annotated, and amendments thereto, that shall
6332-specify the number and severity of violations for the imposition of each
6333-level of sanction.
6334-Sec. 63. K.S.A. 73-1210a is hereby amended to read as follows:
6335-73-1210a. (a) Except as otherwise provided by law, and subject to the
6336-Kansas civil service act, the director of the Kansas commission on
6337-veterans affairs office shall appoint:
6338-(1) Subordinate officers and employees, subject to the approval of
6339-the governor, as are necessary to enable the director to exercise or
6340-perform the functions, powers and duties pursuant to the provisions of
6341-article 12 of chapter 73 of the Kansas Statutes Annotated, and
6342-amendments thereto;
12064+credited to the fund shall be used to pay the Kansas bureau of investigation
12065+for the processing of fingerprints and criminal history record checks for
12066+the emergency medical services board. The fund shall be administered by
12067+the emergency medical services board. All expenditures from the fund
12068+shall be made in accordance with appropriation acts upon warrants of the
12069+director of accounts and reports issued pursuant to vouchers approved by
12070+the chairperson of the emergency medical services board or the
12071+chairperson's designee.
12072+(c) The board shall not grant an initial advanced emergency medical
12073+technician certificate or paramedic certificate as a result of successful
12074+course completion in the state of Kansas, unless the applicant for such an
12075+initial certificate is certified as an emergency medical technician.
12076+(d) An emergency medical service provider certificate shall expire on
12077+the date prescribed by the board. An emergency medical service provider
12078+certificate may be renewed for a period of two years upon payment of a
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12122+fee as prescribed by rule and regulation of the board and upon presentation
12123+of satisfactory proof that the emergency medical service provider has
12124+successfully completed continuing education as prescribed by the board.
12125+(e) All fees received pursuant to the provisions of this section shall be
12126+remitted to the state treasurer in accordance with the provisions of K.S.A.
12127+75-4215, and amendments thereto. Upon receipt of each such remittance,
12128+the state treasurer shall deposit the entire amount in the state treasury to
12129+the credit of the emergency medical services operating fund established by
12130+K.S.A. 65-6151, and amendments thereto.
12131+(f) If a person who was previously certified as an emergency medical
12132+service provider applies for an emergency medical service provider's
12133+certificate after the certificate's expiration, the board may grant a
12134+certificate without the person completing an initial course of instruction or
12135+passing a certification examination if the person has completed education
12136+requirements and has paid a fee as specified in rules and regulations
12137+adopted by the board.
12138+(g) The board shall adopt, through rules and regulations, a formal list
12139+of graduated sanctions for violations of article 61 of chapter 65 of the
12140+Kansas Statutes Annotated, and amendments thereto, that shall specify the
12141+number and severity of violations for the imposition of each level of
12142+sanction.
12143+Sec. 63. K.S.A. 73-1210a is hereby amended to read as follows: 73-
12144+1210a. (a) Except as otherwise provided by law, and subject to the Kansas
12145+civil service act, the director of the Kansas commission on veterans affairs
12146+office shall appoint:
12147+(1) Subordinate officers and employees, subject to the approval of the
12148+governor, as are necessary to enable the director to exercise or perform the
12149+functions, powers and duties pursuant to the provisions of article 12 of
12150+chapter 73 of the Kansas Statutes Annotated, and amendments thereto;
634312151 (2) the superintendent of the Kansas soldiers' home;
634412152 (3) the superintendent of the Kansas veterans' home; and
634512153 (4) the deputy director of veterans services pursuant to K.S.A. 73-
634612154 1234, and amendments thereto.
634712155 (b) (1) Upon the commencement of the interview process, every
634812156 candidate for a position in the Kansas commission on veterans affairs
634912157 office that interviews claimants and provides information advice and
635012158 counseling to veterans, surviving spouses, their dependents concerning
635112159 compensation, pension, education, vocational rehabilitation, insurance,
635212160 hospitalization, outpatient care, home loans, housing, tax exemptions,
635312161 burial benefits and other benefits to which they may be entitled, or any
635412162 other sensitive position, as determined by the director shall be given a
635512163 written notice that a criminal history records check is required. The
6356-director of the Kansas commission on veterans affairs office shall
6357-require such candidates to be fingerprinted and submit to a state and
6358-national criminal history record check in accordance with section 2,
6359-and amendments thereto. The fingerprints shall be used to identify the
6360-candidate and to determine whether the candidate has a record of
6361-criminal history in this state or another jurisdiction. The director of the
6362-Kansas commission on veterans affairs office shall submit the
6363-fingerprints to the Kansas bureau of investigation and the federal
6364-bureau of investigation for a state and national criminal history record
6365-check. Local and state law enforcement officers and agencies shall
6366-assist the director of the Kansas commission on veterans affairs office
6367-in taking and processing of fingerprints of candidates. If the criminal
6368-history record information reveals any conviction of crimes of
6369-dishonesty or violence, such conviction may be used to disqualify a
6370-candidate for any position within the director of the Kansas
6371-commission on veterans affairs office. If the criminal history record
6372-information is used to disqualify a candidate, the candidate shall be
6373-informed in writing of that decision.
6374-(2) As used in this subsection, "candidate" means an applicant for
6375-a position in the Kansas commission on veterans affairs office that
6376-interviews claimants and provides information, advice and counseling
6377-to veterans, surviving spouses and their dependents concerning
6378-compensation, pension, education, vocational rehabilitation,
6379-insurance, hospitalization, outpatient care, home loans, housing, tax
6380-exemptions, burial benefits and other benefits to which they may be
6381-entitled. SENATE BILL No. 491—page 109
12164+director of the Kansas commission on veterans affairs office shall require
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12208+such candidates to be fingerprinted and submit to a state and national
12209+criminal history record check in accordance with section 2, and
12210+amendments thereto. The fingerprints shall be used to identify the
12211+candidate and to determine whether the candidate has a record of criminal
12212+history in this state or another jurisdiction. The director of the Kansas
12213+commission on veterans affairs office shall submit the fingerprints to the
12214+Kansas bureau of investigation and the federal bureau of investigation for
12215+a state and national criminal history record check. Local and state law
12216+enforcement officers and agencies shall assist the director of the Kansas
12217+commission on veterans affairs office in taking and processing of
12218+fingerprints of candidates. If the criminal history record information
12219+reveals any conviction of crimes of dishonesty or violence, such
12220+conviction may be used to disqualify a candidate for any position within
12221+the director of the Kansas commission on veterans affairs office. If the
12222+criminal history record information is used to disqualify a candidate, the
12223+candidate shall be informed in writing of that decision.
12224+(2) As used in this subsection, "candidate" means an applicant for a
12225+position in the Kansas commission on veterans affairs office that
12226+interviews claimants and provides information, advice and counseling to
12227+veterans, surviving spouses and their dependents concerning
12228+compensation, pension, education, vocational rehabilitation, insurance,
12229+hospitalization, outpatient care, home loans, housing, tax exemptions,
12230+burial benefits and other benefits to which they may be entitled.
638212231 (c) Persons employed by the Kansas soldiers' home and Kansas
6383-veterans' home shall be excluded from the provisions of subsection (b).
6384-No person who has been employed by the director of the Kansas
6385-commission on veterans affairs office for five consecutive years
6386-immediately prior to the effective date of this act shall be subject to the
6387-provisions of subsection (b) while employed by the director of the
6388-Kansas commission on veterans affairs office.
12232+veterans' home shall be excluded from the provisions of subsection (b). No
12233+person who has been employed by the director of the Kansas commission
12234+on veterans affairs office for five consecutive years immediately prior to
12235+the effective date of this act shall be subject to the provisions of subsection
12236+(b) while employed by the director of the Kansas commission on veterans
12237+affairs office.
638912238 (d) (1) Except as otherwise provided by law, and subject to the
639012239 Kansas civil service act, the director of the Kansas commission on
6391-veterans affairs office shall appoint subordinate officers and employees,
6392-a superintendent of the Kansas soldiers' home and a superintendent of
6393-the Kansas veterans' home, as shall be necessary to enable the director
6394-of the Kansas commission on veterans affairs office to exercise or
6395-perform its functions, powers and duties pursuant to the provisions of
6396-article 19 of chapter 76 of the Kansas Statutes Annotated, and
6397-amendments thereto.
12240+veterans affairs office shall appoint subordinate officers and employees, a
12241+superintendent of the Kansas soldiers' home and a superintendent of the
12242+Kansas veterans' home, as shall be necessary to enable the director of the
12243+Kansas commission on veterans affairs office to exercise or perform its
12244+functions, powers and duties pursuant to the provisions of article 19 of
12245+chapter 76 of the Kansas Statutes Annotated, and amendments thereto.
639812246 (2) (A) All subordinate officers and employees shall be within the
639912247 classified service under the Kansas civil service act, shall perform such
6400-duties and exercise such powers as the director of the Kansas
6401-commission on veterans affairs office may prescribe and such duties
6402-and powers as are designated by law, and shall act for and exercise the
6403-powers of the the director of the Kansas commission on veterans affairs
6404-office.
6405-(B) The superintendent of the Kansas soldiers' home shall be in
6406-the unclassified service under the Kansas civil service act and shall
6407-receive an annual salary fixed by the director of the Kansas commission
6408-on veterans affairs office, with the approval of the governor. The
6409-superintendent of the Kansas soldiers' home shall perform such duties
6410-and exercise such powers as the director may prescribe, and such duties
6411-and powers as are prescribed by law.
6412-(C) The superintendent of the Kansas veterans' home shall be in
6413-the unclassified service under the Kansas civil service act and shall
6414-receive an annual salary fixed by the director of the Kansas commission
6415-on veterans affairs office, with the approval of the governor. The
6416-superintendent of the Kansas veterans' home shall perform such duties
6417-and exercise such powers as the director may prescribe, and such duties
6418-and powers as are prescribed by law.
6419-(e) Any veterans service representative appointed by the director
6420-of the Kansas commission on veterans affairs office shall be an
6421-honorably discharged veteran or retired from the United States armed
6422-forces. No veterans service representative of the Kansas commission on
6423-veterans affairs office shall take a power of attorney in the name of the
6424-director of the Kansas commission on veterans affairs office. Nothing
6425-in this act shall be construed to prohibit any such veterans service
6426-representative from assisting any veteran with any claim in which a
6427-power of attorney is not required.
12248+duties and exercise such powers as the director of the Kansas commission
12249+on veterans affairs office may prescribe and such duties and powers as are
12250+designated by law, and shall act for and exercise the powers of the the
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12294+director of the Kansas commission on veterans affairs office.
12295+(B) The superintendent of the Kansas soldiers' home shall be in the
12296+unclassified service under the Kansas civil service act and shall receive an
12297+annual salary fixed by the director of the Kansas commission on veterans
12298+affairs office, with the approval of the governor. The superintendent of the
12299+Kansas soldiers' home shall perform such duties and exercise such powers
12300+as the director may prescribe, and such duties and powers as are prescribed
12301+by law.
12302+(C) The superintendent of the Kansas veterans' home shall be in the
12303+unclassified service under the Kansas civil service act and shall receive an
12304+annual salary fixed by the director of the Kansas commission on veterans
12305+affairs office, with the approval of the governor. The superintendent of the
12306+Kansas veterans' home shall perform such duties and exercise such powers
12307+as the director may prescribe, and such duties and powers as are prescribed
12308+by law.
12309+(e) Any veterans service representative appointed by the director of
12310+the Kansas commission on veterans affairs office shall be an honorably
12311+discharged veteran or retired from the United States armed forces. No
12312+veterans service representative of the Kansas commission on veterans
12313+affairs office shall take a power of attorney in the name of the director of
12314+the Kansas commission on veterans affairs office. Nothing in this act shall
12315+be construed to prohibit any such veterans service representative from
12316+assisting any veteran with any claim in which a power of attorney is not
12317+required.
642812318 (f) For the purpose of this subsection, "veterans service
6429-representative" means any officer or employee appointed pursuant to
6430-this section whose primary duties include:
6431-(1) Assisting veterans and their dependents in securing benefits
6432-from the federal government and the state of Kansas.
6433-(2) Providing information and assistance to veterans and
6434-dependents in obtaining special services and benefits based on
6435-knowledge of federal and state laws, policies and regulations pertaining
6436-to veterans benefits and services.
12319+representative" means any officer or employee appointed pursuant to this
12320+section whose primary duties include:
12321+(1) Assisting veterans and their dependents in securing benefits from
12322+the federal government and the state of Kansas.
12323+(2) Providing information and assistance to veterans and dependents
12324+in obtaining special services and benefits based on knowledge of federal
12325+and state laws, policies and regulations pertaining to veterans benefits and
12326+services.
643712327 (3) Providing assistance to veterans service organizations
643812328 participating in the veterans claims assistance program.
6439-(f)(g) Nothing in this act shall be construed to affect the status,
6440-rights or benefits of any officer or employee of the Kansas commission SENATE BILL No. 491—page 110
6441-on veterans affairs under K.S.A. 73-1208a, prior to its repeal, employed
6442-by such commission on July 1, 2014.
12329+(f)(g) Nothing in this act shall be construed to affect the status, rights
12330+or benefits of any officer or employee of the Kansas commission on
12331+veterans affairs under K.S.A. 73-1208a, prior to its repeal, employed by
12332+such commission on July 1, 2014.
644312333 Sec. 64. K.S.A. 74-1112 is hereby amended to read as follows: 74-
644412334 1112. (a) The board of nursing may require an original applicant for
644512335 licensure as a professional nurse, practical nurse or mental health
644612336 technician application to be fingerprinted and submit to a state and
6447-national criminal history record check in accordance with section 2,
6448-and amendments thereto. The fingerprints shall be used to identify the
6449-applicant and to determine whether the applicant has a record of
6450-criminal history in this state or other jurisdictions. The board of nursing
6451-is authorized to submit the fingerprints to the Kansas bureau of
6452-investigation and the federal bureau of investigation for a state and
6453-national criminal history record check. The board of nursing may use
6454-the information obtained from fingerprinting and the applicant's
6455-criminal history for purposes of verifying the identification of any
6456-applicant and in the official determination of character and fitness of
6457-the applicant for any licensure to practice professional or practical
6458-nursing or mental health technology in this state.
6459-(b) Local and state law enforcement officers and agencies shall
6460-assist the board of nursing in taking and processing of fingerprints of
6461-applicants to practice professional or practical nursing or mental health
6462-technology in this state and shall release all records of adult convictions
6463-and nonconvictions and adult convictions or adjudications of another
6464-state or country to the board of nursing.
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12380+national criminal history record check in accordance with section 2, and
12381+amendments thereto. The fingerprints shall be used to identify the
12382+applicant and to determine whether the applicant has a record of criminal
12383+history in this state or other jurisdictions. The board of nursing is
12384+authorized to submit the fingerprints to the Kansas bureau of investigation
12385+and the federal bureau of investigation for a state and national criminal
12386+history record check. The board of nursing may use the information
12387+obtained from fingerprinting and the applicant's criminal history for
12388+purposes of verifying the identification of any applicant and in the official
12389+determination of character and fitness of the applicant for any licensure to
12390+practice professional or practical nursing or mental health technology in
12391+this state.
12392+(b) Local and state law enforcement officers and agencies shall assist
12393+the board of nursing in taking and processing of fingerprints of applicants
12394+to practice professional or practical nursing or mental health technology in
12395+this state and shall release all records of adult convictions and
12396+nonconvictions and adult convictions or adjudications of another state or
12397+country to the board of nursing.
646512398 (c)(b) The board shall fix a fee for fingerprinting of applicants or
6466-licensees, or both, as may be required by the board in an amount
6467-necessary to reimburse the board for the cost of the fingerprinting. Fees
6468-collected under this subsection shall be deposited in the criminal
6469-background and fingerprinting fund.
12399+licensees, or both, as may be required by the board in an amount necessary
12400+to reimburse the board for the cost of the fingerprinting. Fees collected
12401+under this subsection shall be deposited in the criminal background and
12402+fingerprinting fund.
647012403 (d)(c) There is hereby created in the state treasury the criminal
6471-background and fingerprinting fund. All moneys credited to the fund
6472-shall be used to pay the Kansas bureau of investigation for the
6473-processing of fingerprints and criminal history background checks for
6474-the board of nursing. The fund shall be administered by the board of
6475-nursing. All expenditures from the fund shall be made in accordance
6476-with appropriation acts upon warrants of the director of accounts and
6477-reports issued pursuant to vouchers approved by the president of the
6478-board or a person designated by the president.
12404+background and fingerprinting fund. All moneys credited to the fund shall
12405+be used to pay the Kansas bureau of investigation for the processing of
12406+fingerprints and criminal history background checks for the board of
12407+nursing. The fund shall be administered by the board of nursing. All
12408+expenditures from the fund shall be made in accordance with appropriation
12409+acts upon warrants of the director of accounts and reports issued pursuant
12410+to vouchers approved by the president of the board or a person designated
12411+by the president.
647912412 (d) As used in this section, "applicant" means a person who has
648012413 applied for licensure as a professional nurse, practical nurse or mental
648112414 health technician.
648212415 Sec. 65. K.S.A. 74-2113 is hereby amended to read as follows: 74-
6483-2113. (a) (1) There is hereby created a Kansas highway patrol. The
6484-patrol shall consist of:
6485-(1) (A) A superintendent, who shall have the rank of colonel and
6486-who shall have special training and qualifications for the position;
12416+2113. (a) (1) There is hereby created a Kansas highway patrol. The patrol
12417+shall consist of:
12418+(1) (A) A superintendent, who shall have the rank of colonel and who
12419+shall have special training and qualifications for the position;
648712420 (2) (B) an assistant superintendent, who shall have the rank of
648812421 lieutenant colonel; and
648912422 (3) (C) officers and troopers who are appointed in accordance with
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649012466 appropriation acts and as provided in this section.
649112467 (2) The superintendent and assistant superintendent shall be within
649212468 the unclassified service under the Kansas civil service act. The assistant
6493-superintendent shall be appointed by the superintendent from among
6494-the members of the patrol, and shall serve at the pleasure of the
12469+superintendent shall be appointed by the superintendent from among the
12470+members of the patrol, and shall serve at the pleasure of the
649512471 superintendent. If a person appointed as superintendent, assistant
649612472 superintendent or major is a member of the patrol when appointed, the
649712473 person in each case, upon termination of the term as superintendent,
6498-assistant superintendent or major, respectively, shall be returned to a
6499-rank not lower than the rank the person held when appointed as SENATE BILL No. 491—page 111
6500-superintendent, assistant superintendent or major. If the rank is filled at
6501-that time, a temporary additional position shall be created in the rank
6502-until a vacancy occurs in such rank. All other officers, troopers and
6503-employees shall be within the classified service under the Kansas civil
6504-service act.
12474+assistant superintendent or major, respectively, shall be returned to a rank
12475+not lower than the rank the person held when appointed as superintendent,
12476+assistant superintendent or major. If the rank is filled at that time, a
12477+temporary additional position shall be created in the rank until a vacancy
12478+occurs in such rank. All other officers, troopers and employees shall be
12479+within the classified service under the Kansas civil service act.
650512480 (b) The superintendent of the patrol shall be appointed by the
6506-governor, subject to confirmation by the senate as provided in K.S.A.
6507-75-4315b, and amendments thereto, and shall receive an annual salary
6508-fixed by the governor. Except as provided by K.S.A. 46-2601, and
6509-amendments thereto, no person appointed as superintendent shall
6510-exercise any power, duty or function as superintendent until confirmed
6511-by the senate. The assistant superintendent shall receive an annual
6512-salary fixed by the superintendent and approved by the governor.
12481+governor, subject to confirmation by the senate as provided in K.S.A. 75-
12482+4315b, and amendments thereto, and shall receive an annual salary fixed
12483+by the governor. Except as provided by K.S.A. 46-2601, and amendments
12484+thereto, no person appointed as superintendent shall exercise any power,
12485+duty or function as superintendent until confirmed by the senate. The
12486+assistant superintendent shall receive an annual salary fixed by the
12487+superintendent and approved by the governor.
651312488 (c) All other members of the patrol shall be appointed by the
6514-superintendent in accordance with appropriation acts and with the
6515-Kansas civil service act. No person shall be appointed as an officer of
6516-the patrol, other than superintendent, unless the person has had at least
6517-five years of service in the patrol as an officer or trooper. No person
6518-shall be appointed as a trooper unless the person meets the following
6519-requirements:
12489+superintendent in accordance with appropriation acts and with the Kansas
12490+civil service act. No person shall be appointed as an officer of the patrol,
12491+other than superintendent, unless the person has had at least five years of
12492+service in the patrol as an officer or trooper. No person shall be appointed
12493+as a trooper unless the person meets the following requirements:
652012494 (1) Is a citizen of the United States;
652112495 (2) is at least 21 years of age at the time of appointment;
6522-(3) has not been convicted by any state or the federal government
6523-of a crime which is a felony or its equivalent under the uniform code of
12496+(3) has not been convicted by any state or the federal government of a
12497+crime which is a felony or its equivalent under the uniform code of
652412498 military justice;
652512499 (4) has been fingerprinted pursuant to section 1, and amendments
6526-thereto, and a search of local, state and national fingerprint files has
6527-been made to determine whether the applicant has a criminal record;
12500+thereto, and a search of local, state and national fingerprint files has been
12501+made to determine whether the applicant has a criminal record;
652812502 (5) is the holder of a high school diploma or furnishes evidence of
652912503 successful completion of an examination indicating an equivalent
653012504 achievement; and
6531-(6) is free of any physical or mental condition which might
6532-adversely affect the applicant's performance of duties as a trooper and
6533-whose physical health has been certified by an examining physician
6534-appointed by the superintendent.
12505+(6) is free of any physical or mental condition which might adversely
12506+affect the applicant's performance of duties as a trooper and whose
12507+physical health has been certified by an examining physician appointed by
12508+the superintendent.
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653512552 (d) No member of the patrol shall:
653612553 (1) Hold any other elective or appointive commission or office,
653712554 except:
653812555 (A) In the Kansas national guard or in the organized reserve of the
653912556 United States army, air force or navy.
654012557 (B) In the governing body of a municipality:
654112558 (i) If the position to be held is appointed; or
654212559 (ii) if the position to be held is elected on a nonpartisan basis.
654312560 (C) On any appointed board, commission or task force which the
654412561 superintendent of the highway patrol deems necessary as part of the
654512562 member's or officer's duties.
6546-(2) Accept any employment or compensation from any licensee of
6547-the director of alcoholic beverage control of the department of revenue
6548-or from any licensee of the Kansas racing commission or from any
6549-officer, director, member or employee of any such licensee.
12563+(2) Accept any employment or compensation from any licensee of the
12564+director of alcoholic beverage control of the department of revenue or
12565+from any licensee of the Kansas racing commission or from any officer,
12566+director, member or employee of any such licensee.
655012567 (3) Accept any employment or compensation for services which
655112568 require the use of any state-owned equipment provided by the Kansas
655212569 highway patrol or the wearing of the patrol uniform.
655312570 (4) Accept any reward or gift pertaining to the performance of the
655412571 member's or officer's duties except with the written permission of the
655512572 superintendent.
6556-(e) For the purposes of this section, the terms "governing body"
6557-and "municipality" shall have the meanings ascribed to such terms in
6558-K.S.A. 12-105a, and amendments thereto. SENATE BILL No. 491—page 112
12573+(e) For the purposes of this section, the terms "governing body" and
12574+"municipality" shall have the meanings ascribed to such terms in K.S.A.
12575+12-105a, and amendments thereto.
655912576 Sec. 66. K.S.A. 74-4905 is hereby amended to read as follows: 74-
656012577 4905. (a) On July 1, 1993, the board of trustees of the Kansas public
6561-employees retirement system, as such board existed on June 30, 1993,
6562-is hereby abolished. On July 1, 1993, there is hereby established a new
6563-board of trustees of the Kansas public employees retirement system.
6564-Such board established on July 1, 1993, shall consist of nine members,
6565-as follows:
6566-(1) Six appointed members, four appointed by the governor
6567-subject to confirmation by the senate as provided in K.S.A. 75-4315b,
6568-and amendments thereto, one appointed by the president of the senate
6569-and one appointed by the speaker of the house of representatives.
6570-Except as provided by K.S.A. 46-2601, and amendments thereto, no
6571-person appointed to the board whose appointment is subject to
6572-confirmation, shall exercise any power, duty or function as a member
6573-of the board until confirmed by the senate. No more than two members
6574-of the board whose appointment is subject to confirmation shall be
6575-from the same political party;
12578+employees retirement system, as such board existed on June 30, 1993, is
12579+hereby abolished. On July 1, 1993, there is hereby established a new board
12580+of trustees of the Kansas public employees retirement system. Such board
12581+established on July 1, 1993, shall consist of nine members, as follows:
12582+(1) Six appointed members, four appointed by the governor subject to
12583+confirmation by the senate as provided in K.S.A. 75-4315b, and
12584+amendments thereto, one appointed by the president of the senate and one
12585+appointed by the speaker of the house of representatives. Except as
12586+provided by K.S.A. 46-2601, and amendments thereto, no person
12587+appointed to the board whose appointment is subject to confirmation, shall
12588+exercise any power, duty or function as a member of the board until
12589+confirmed by the senate. No more than two members of the board whose
12590+appointment is subject to confirmation shall be from the same political
12591+party;
657612592 (2) two retirement system members elected by the members and
657712593 retirants of the system as provided in subsection (12) of K.S.A. 74-
657812594 4909(12), and amendments thereto. As provided in this subsection, only
6579-active and retired members of the system shall be eligible to be elected
6580-to the board and only active and retired members of the system shall be
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12638+active and retired members of the system shall be eligible to be elected to
12639+the board and only active and retired members of the system shall be
658112640 eligible to elect the two retirement system members pursuant to this
658212641 subsection. Inactive members shall not be eligible to be elected to the
6583-board nor to elect the two retirement system members elected pursuant
6584-to this subsection. If a member elected to the board as provided in this
6585-subsection becomes inactive, such member is disqualified from service
6586-on the board and such member's board position shall be vacant and
6587-such vacancy shall be filled as provided in subsection (b)(1). Of the
6588-two retirement system members elected pursuant to this subsection, one
6589-shall be a member of the retirement system who is in school
6590-employment as provided in K.S.A. 74-4931et seq., and amendments
6591-thereto and one shall be a member of the retirement system other than a
6592-member who is in school employment. For purposes of this subsection,
6593-retirement system means the Kansas public employees retirement
6594-system, the Kansas police and firemen's retirement system and the
6595-retirement system for judges; and
12642+board nor to elect the two retirement system members elected pursuant to
12643+this subsection. If a member elected to the board as provided in this
12644+subsection becomes inactive, such member is disqualified from service on
12645+the board and such member's board position shall be vacant and such
12646+vacancy shall be filled as provided in subsection (b)(1). Of the two
12647+retirement system members elected pursuant to this subsection, one shall
12648+be a member of the retirement system who is in school employment as
12649+provided in K.S.A. 74-4931et seq., and amendments thereto and one shall
12650+be a member of the retirement system other than a member who is in
12651+school employment. For purposes of this subsection, retirement system
12652+means the Kansas public employees retirement system, the Kansas police
12653+and firemen's retirement system and the retirement system for judges; and
659612654 (3) the state treasurer.
659712655 (b) (1) Except as provided by this paragraph and paragraph (2), all
659812656 members of the board as provided in subsection (a)(1) and (a)(2) shall
659912657 serve four-year terms, except that of the members first appointed by the
660012658 governor, two shall be appointed for two-year terms and the member
6601-appointed by the speaker of the house of representatives shall be
6602-appointed for a two-year term. The governor shall designate the term
6603-for which each of the members first appointed shall serve. All members
6604-appointed to fill vacancies in the membership of the board and all
6605-members appointed to succeed members appointed to membership on
6606-the board shall be appointed in like manner as that provided for the
6607-original appointment of the member succeeded. All members appointed
6608-to fill vacancies of a member of the board appointed by the governor,
6609-the president of the senate or the speaker of the house of representatives
6610-shall be appointed to fill the unexpired term of such member. All
6611-vacancies on the board by a member elected by the members and
6612-retirants of the system shall be filled by the board as provided by rules
6613-and regulations adopted as provided in subsection (12) of K.S.A. 74-
6614-4909(12), and amendments thereto.
6615-(2) Except as provided in K.S.A. 46-2601, and amendments
6616-thereto, no person appointed to the board by the governor shall exercise
6617-any power, duty or function as a member of the board until confirmed SENATE BILL No. 491—page 113
6618-by the senate. The terms of members appointed by the governor who
6619-are serving on the board on the effective date of this act shall expire on
6620-January 15, of the year in which such member's term would have
6621-expired under the provisions of this section prior to amendment by this
6622-act. Thereafter, members shall be appointed for terms of four years and
6623-until their successors are appointed and confirmed.
6624-(c) The board shall elect a chairperson of the board at the first
6625-regular meeting held on or after July 1, 1993, and at each annual
6626-meeting thereafter from the members of the board. The chairperson
6627-shall preside over meetings of the board and perform such other duties
6628-as required by the board.
12659+appointed by the speaker of the house of representatives shall be appointed
12660+for a two-year term. The governor shall designate the term for which each
12661+of the members first appointed shall serve. All members appointed to fill
12662+vacancies in the membership of the board and all members appointed to
12663+succeed members appointed to membership on the board shall be
12664+appointed in like manner as that provided for the original appointment of
12665+the member succeeded. All members appointed to fill vacancies of a
12666+member of the board appointed by the governor, the president of the senate
12667+or the speaker of the house of representatives shall be appointed to fill the
12668+unexpired term of such member. All vacancies on the board by a member
12669+elected by the members and retirants of the system shall be filled by the
12670+board as provided by rules and regulations adopted as provided in
12671+subsection (12) of K.S.A. 74-4909(12), and amendments thereto.
12672+(2) Except as provided in K.S.A. 46-2601, and amendments thereto,
12673+no person appointed to the board by the governor shall exercise any power,
12674+duty or function as a member of the board until confirmed by the senate.
12675+The terms of members appointed by the governor who are serving on the
12676+board on the effective date of this act shall expire on January 15, of the
12677+year in which such member's term would have expired under the
12678+provisions of this section prior to amendment by this act. Thereafter,
12679+members shall be appointed for terms of four years and until their
12680+successors are appointed and confirmed.
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12724+(c) The board shall elect a chairperson of the board at the first regular
12725+meeting held on or after July 1, 1993, and at each annual meeting
12726+thereafter from the members of the board. The chairperson shall preside
12727+over meetings of the board and perform such other duties as required by
12728+the board.
662912729 (d) The chairperson shall appoint another board member as vice-
663012730 chairperson, and the vice-chairperson shall perform the duties of
663112731 chairperson in the absence of the chairperson or upon the chairperson's
663212732 inability or refusal to act.
663312733 (e) The six members appointed pursuant to subsection (a)(1) shall
6634-have demonstrated experience in the financial affairs of a public or
6635-private organization or entity which employs 100 or more employees or
6636-had at least five years' experience in the field of investment
6637-management or analysis, actuarial analysis or administration of an
6638-employee benefit plan.
6639-(f) No person shall serve on the board if such person has
6640-knowingly acquired a substantial interest in any nonpublicly traded
6641-investment made with moneys of the fund. Any such person who
6642-knowingly acquires such an interest shall vacate such member's
6643-position on the board and shall be guilty of a class A misdemeanor. For
6644-purposes of this subsection, "substantial interest" means any of the
6645-following:
12734+have demonstrated experience in the financial affairs of a public or private
12735+organization or entity which employs 100 or more employees or had at
12736+least five years' experience in the field of investment management or
12737+analysis, actuarial analysis or administration of an employee benefit plan.
12738+(f) No person shall serve on the board if such person has knowingly
12739+acquired a substantial interest in any nonpublicly traded investment made
12740+with moneys of the fund. Any such person who knowingly acquires such
12741+an interest shall vacate such member's position on the board and shall be
12742+guilty of a class A misdemeanor. For purposes of this subsection,
12743+"substantial interest" means any of the following:
664612744 (1) If an individual or an individual's spouse, either individually or
664712745 collectively, has owned within the preceding 12 months a legal or
6648-equitable interest exceeding $5,000 or 5% of any business, whichever
6649-is less, the individual has a substantial interest in that business.
12746+equitable interest exceeding $5,000 or 5% of any business, whichever is
12747+less, the individual has a substantial interest in that business.
665012748 (2) If an individual or an individual's spouse, either individually or
6651-collectively, has received during the preceding calendar year
6652-compensation which is or will be required to be included as taxable
6653-income on federal income tax returns of the individual and spouse in an
6654-aggregate amount of $2,000 from any business or combination of
6655-businesses, the individual has a substantial interest in that business or
6656-combination of businesses.
12749+collectively, has received during the preceding calendar year compensation
12750+which is or will be required to be included as taxable income on federal
12751+income tax returns of the individual and spouse in an aggregate amount of
12752+$2,000 from any business or combination of businesses, the individual has
12753+a substantial interest in that business or combination of businesses.
665712754 (3) If an individual or an individual's spouse holds the position of
665812755 officer, director, associate, partner or proprietor of any business, the
665912756 individual has a substantial interest in that business, irrespective of the
6660-amount of compensation received by the individual or individual's
6661-spouse.
6662-(4) If an individual or an individual's spouse receives
6663-compensation which is a portion or percentage of each separate fee or
6664-commission paid to a business or combination of businesses, the
6665-individual has a substantial interest in any client or customer who pays
6666-fees or commissions to the business or combination of businesses from
6667-which fees or commissions the individual or the individual's spouse,
6668-either individually or collectively, received an aggregate of $2,000 or
6669-more in the preceding calendar year.
6670-(5) If an individual or an individual's spouse has received a loan
6671-from or received financing from any bank, savings and loan, credit
6672-union or any other financial institution in an amount which exceeds
6673-$2,000, the individual has a substantial interest in that financial
6674-institution.
6675-(6) As used in this subsection, "client or customer" means a
6676-business or combination of businesses. SENATE BILL No. 491—page 114
12757+amount of compensation received by the individual or individual's spouse.
12758+(4) If an individual or an individual's spouse receives compensation
12759+which is a portion or percentage of each separate fee or commission paid
12760+to a business or combination of businesses, the individual has a substantial
12761+interest in any client or customer who pays fees or commissions to the
12762+business or combination of businesses from which fees or commissions the
12763+individual or the individual's spouse, either individually or collectively,
12764+received an aggregate of $2,000 or more in the preceding calendar year.
12765+(5) If an individual or an individual's spouse has received a loan from
12766+or received financing from any bank, savings and loan, credit union or any
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12809+43 SB 491 150
12810+other financial institution in an amount which exceeds $2,000, the
12811+individual has a substantial interest in that financial institution.
12812+(6) As used in this subsection, "client or customer" means a business
12813+or combination of businesses.
667712814 (7) Any person who serves on the board shall fully disclose any
6678-substantial interest that such person has in any publicly traded
6679-investment made with moneys of the fund.
6680-(g) No person who serves on the board shall be employed for a
6681-period of two years commencing on the date the person no longer
6682-serves on the board and ending two years after such date with any
6683-organization in which moneys of the fund were invested, except that
6684-the employment limitation contained in this subsection shall not apply
6685-if such person's employment is with an organization whose stock or
6686-other evidences of ownership are traded on the public stock or bond
6687-exchanges.
12815+substantial interest that such person has in any publicly traded investment
12816+made with moneys of the fund.
12817+(g) No person who serves on the board shall be employed for a period
12818+of two years commencing on the date the person no longer serves on the
12819+board and ending two years after such date with any organization in which
12820+moneys of the fund were invested, except that the employment limitation
12821+contained in this subsection shall not apply if such person's employment is
12822+with an organization whose stock or other evidences of ownership are
12823+traded on the public stock or bond exchanges.
668812824 (h) All members of the board named, appointed or elected to the
668912825 board shall be subject to an investigation by the Kansas bureau of
6690-investigation or other criminal justice agencies fingerprinted and to
6691-submit to a state and national criminal background check in
6692-accordance with section 2, and amendments thereto. Information to be
6693-obtained during such investigation shall include criminal history record
6694-information, including arrest and conviction data, criminal intelligence
6695-information and information relating to criminal and background
6696-investigations as necessary to determine qualifications of such member.
6697-Such information shall be forwarded to the senate committee specified
6698-by the president of the senate for such committee's consideration and
6699-other than conviction data, shall be confidential and shall not be
6700-disclosed except to members and employees of the committee as
6701-necessary to determine qualifications of such member. The committee,
6702-in accordance with K.S.A. 75-4319, and amendments thereto, shall
6703-recess for a closed or executive meeting to receive and discuss
6704-information received by the committee pursuant to this subsection.
6705-(i) All of the powers, duties and functions of the board of trustees
6706-of the Kansas public employees retirement system as such board
6707-existed prior to July 1, 1993, are hereby transferred to and conferred
6708-and imposed upon the board of trustees established pursuant to this act.
6709-The board of trustees of the Kansas public employees retirement
6710-system established pursuant to this act shall be the successor in every
6711-way of the powers, duties and functions of the board of trustees
6712-existing prior to July 1, 1993, in which the same were vested prior to
6713-July 1, 1993.
6714-Sec. 67. K.S.A. 74-50,182 is hereby amended to read as follows:
6715-74-50,182. As used in the Kansas professional regulated sports act:
6716-(a) "Amateur mixed martial arts" means any form of martial arts
6717-or self-defense conducted on a full-contact basis in a contest without
12826+investigation or other criminal justice agencies fingerprinted and to submit
12827+to a state and national criminal background check in accordance with
12828+section 2, and amendments thereto. Information to be obtained during such
12829+investigation shall include criminal history record information, including
12830+arrest and conviction data, criminal intelligence information and
12831+information relating to criminal and background investigations as
12832+necessary to determine qualifications of such member. Such information
12833+shall be forwarded to the senate committee specified by the president of
12834+the senate for such committee's consideration and other than conviction
12835+data, shall be confidential and shall not be disclosed except to members
12836+and employees of the committee as necessary to determine qualifications
12837+of such member. The committee, in accordance with K.S.A. 75-4319, and
12838+amendments thereto, shall recess for a closed or executive meeting to
12839+receive and discuss information received by the committee pursuant to this
12840+subsection.
12841+(i) All of the powers, duties and functions of the board of trustees of
12842+the Kansas public employees retirement system as such board existed prior
12843+to July 1, 1993, are hereby transferred to and conferred and imposed upon
12844+the board of trustees established pursuant to this act. The board of trustees
12845+of the Kansas public employees retirement system established pursuant to
12846+this act shall be the successor in every way of the powers, duties and
12847+functions of the board of trustees existing prior to July 1, 1993, in which
12848+the same were vested prior to July 1, 1993.
12849+Sec. 67. K.S.A. 74-50,182 is hereby amended to read as follows: 74-
12850+50,182. As used in the Kansas professional regulated sports act:
12851+(a) "Amateur mixed martial arts" means any form of martial arts or
12852+self-defense conducted on a full-contact basis in a contest without
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671812896 weapons and in which the contestants compete without valuable
671912897 consideration.
672012898 (b) "Bout" means one match involving a regulated sport.
6721-(c) "Boxing commissioner" means the person appointed pursuant
6722-to K.S.A. 74-50,184, and amendments thereto, who shall be devoted full
6723-time to the duties prescribed by the commission.
6724-(d) "Commission" means the athletic commission or the
6725-commission's designee.
6726-(d)(e) "Contest" means a bout or a group of bouts involving
6727-licensed contestants competing in a regulated sport.
6728-(e)(f) "Contestant" means a person who is licensed by the
6729-commission to compete in a regulated sport.
12899+(c) "Boxing commissioner" means the person appointed pursuant to
12900+K.S.A. 74-50,184, and amendments thereto, who shall be devoted full time
12901+to the duties prescribed by the commission.
12902+(d) "Commission" means the athletic commission or the commission's
12903+designee.
12904+(d)(e) "Contest" means a bout or a group of bouts involving licensed
12905+contestants competing in a regulated sport.
12906+(e)(f) "Contestant" means a person who is licensed by the commission
12907+to compete in a regulated sport.
673012908 (f)(g) "Fund" means the athletic fee fund.
6731-(g)(h) "Grappling arts" means any form of grappling including,
6732-but not limited to, Brazilian jiujitsu, catch wrestling, judo, luta livre
6733-esportiva, sambo, shoot wrestling, shooto and shuai Jiao conducted on
6734-a full-contact basis in a bout or contest without weapons or striking and
6735-where contestants may compete for valuable consideration. SENATE BILL No. 491—page 115
6736-(h)(i) "Noncompetitive sparring" means boxing, kickboxing or
6737-mixed martial arts where a decision is not rendered.
12909+(g)(h) "Grappling arts" means any form of grappling including, but
12910+not limited to, Brazilian jiujitsu, catch wrestling, judo, luta livre esportiva,
12911+sambo, shoot wrestling, shooto and shuai Jiao conducted on a full-contact
12912+basis in a bout or contest without weapons or striking and where
12913+contestants may compete for valuable consideration.
12914+(h)(i) "Noncompetitive sparring" means boxing, kickboxing or mixed
12915+martial arts where a decision is not rendered.
673812916 (i)(j) "Pankration" means a martial art system which includes
6739-elements of karate, tae-kwon-do, jujitsu, kempo, kung-fu, wrestling,
6740-and submission grappling.
12917+elements of karate, tae-kwon-do, jujitsu, kempo, kung-fu, wrestling, and
12918+submission grappling.
674112919 (j)(k) "Professional boxing" means the sport of attack and defense
674212920 which uses the fists and where contestants compete for valuable
674312921 consideration.
674412922 (k)(l) "Professional full-contact karate" means any form of full-
6745-contact martial arts including but not limited to full-contact kung fu,
6746-full-contact tae-kwon-do or any form of martial arts or self-defense
6747-conducted on a full-contact basis in a bout or contest without weapons
6748-and where contestants may compete for valuable consideration.
12923+contact martial arts including but not limited to full-contact kung fu, full-
12924+contact tae-kwon-do or any form of martial arts or self-defense conducted
12925+on a full-contact basis in a bout or contest without weapons and where
12926+contestants may compete for valuable consideration.
674912927 (l)(m) "Professional kickboxing" means any form of kickboxing in
675012928 which blows are delivered with any part of the arm below the shoulder,
675112929 including the hand, and any part of the leg below the hip, including the
675212930 foot, and where contestants compete for valuable consideration.
6753-(m)(n) "Professional mixed martial arts" means any form of
6754-martial arts or self-defense conducted on a full-contact basis in a bout
6755-or contest without weapons and where contestants compete for valuable
12931+(m)(n) "Professional mixed martial arts" means any form of martial
12932+arts or self-defense conducted on a full-contact basis in a bout or contest
12933+without weapons and where contestants compete for valuable
675612934 consideration.
6757-(n)(o) "Professional wrestling" means any performance of
6758-wrestling skills and techniques by two or more professional wrestlers,
6759-to which any admission is charged. Participating wrestlers may not be
6760-required to use their best efforts in order to win. The winner may have
6761-been selected before the performance commences and contestants
6762-compete for valuable consideration.
12935+(n)(o) "Professional wrestling" means any performance of wrestling
12936+skills and techniques by two or more professional wrestlers, to which any
12937+admission is charged. Participating wrestlers may not be required to use
12938+their best efforts in order to win. The winner may have been selected
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12982+before the performance commences and contestants compete for valuable
12983+consideration.
676312984 (o)(p) "Regulated sports" means professional boxing, sparring,
676412985 professional kickboxing, professional and amateur mixed martial arts,
676512986 grappling arts, pankration, professional wrestling and professional full-
676612987 contact karate.
676712988 (p)(q) "Sparring" means boxing, kickboxing, professional and
676812989 amateur mixed martial arts, grappling arts, pankration, or full-contact
676912990 karate for practice or as an exhibition.
6770-Sec. 68. K.S.A. 74-50,184 is hereby amended to read as follows:
6771-74-50,184. (a) The commission shall appoint a boxing commissioner
6772-who shall be in the unclassified service under the Kansas civil service
6773-act and who shall devote full-time to the duties prescribed by the
6774-commission. Before appointing a person as the boxing commissioner,
6775-the commission shall request the Kansas bureau of investigation to
6776-conduct a criminal history record check and background investigation
6777-of the person. The boxing commissioner shall have no felony
6778-convictions under the laws of any state or of the United States prior to
6779-appointment or during such commissioner's employment with the
6780-commission. The boxing commissioner shall receive an annual salary
6781-fixed by the commission and approved by the governor.
12991+Sec. 68. K.S.A. 74-50,184 is hereby amended to read as follows: 74-
12992+50,184. (a) The commission shall appoint a boxing commissioner who
12993+shall be in the unclassified service under the Kansas civil service act and
12994+who shall devote full-time to the duties prescribed by the commission.
12995+Before appointing a person as the boxing commissioner, the commission
12996+shall request the Kansas bureau of investigation to conduct a criminal
12997+history record check and background investigation of the person. The
12998+boxing commissioner shall have no felony convictions under the laws of
12999+any state or of the United States prior to appointment or during such
13000+commissioner's employment with the commission. The boxing
13001+commissioner shall receive an annual salary fixed by the commission and
13002+approved by the governor.
678213003 (b) Before appointing a person as the boxing commissioner, the
6783-commission shall require fingerprinting of such person necessary to
6784-verify qualification for appointment in accordance with section 2, and
6785-amendments thereto. The commission shall submit such fingerprints to
6786-the Kansas bureau of investigation and to the federal bureau of
6787-investigation for the purposes of verifying the identity of such person
6788-and obtaining records of criminal arrests and convictions.
13004+commission shall require fingerprinting of such person necessary to verify
13005+qualification for appointment in accordance with section 2, and
13006+amendments thereto. The commission shall submit such fingerprints to the
13007+Kansas bureau of investigation and to the federal bureau of investigation
13008+for the purposes of verifying the identity of such person and obtaining
13009+records of criminal arrests and convictions.
678913010 (c) The commission may receive from the Kansas bureau of
6790-investigation or other criminal justice agencies, including but not
6791-limited to the federal bureau of investigation and the federal internal
6792-revenue service, such criminal history record information (including
6793-arrest and nonconviction data), criminal intelligence information and
6794-information relating to criminal and background investigations as SENATE BILL No. 491—page 116
6795-necessary for the purpose of determining qualifications of a person to
6796-be appointed as boxing commissioner. Upon the written request of the
6797-chairperson of the commission, the commission may receive from the
6798-district courts such information relating to juvenile proceedings as
6799-necessary for the purpose of determining qualifications of any person to
6800-be appointed as boxing commissioner. Such information, other than
6801-conviction data, shall be confidential and shall not be disclosed except
6802-to members and employees of the commission as necessary to
6803-determine qualifications of such person. Any other disclosure of such
6804-confidential information is a class A misdemeanor and shall constitute
6805-grounds for removal from office, termination of employment or denial,
6806-revocation or suspension of any license issued under this act.
13011+investigation or other criminal justice agencies, including but not limited
13012+to the federal bureau of investigation and the federal internal revenue
13013+service, such criminal history record information (including arrest and
13014+nonconviction data), criminal intelligence information and information
13015+relating to criminal and background investigations as necessary for the
13016+purpose of determining qualifications of a person to be appointed as
13017+boxing commissioner. Upon the written request of the chairperson of the
13018+commission, the commission may receive from the district courts such
13019+information relating to juvenile proceedings as necessary for the purpose
13020+of determining qualifications of any person to be appointed as boxing
13021+commissioner. Such information, other than conviction data, shall be
13022+confidential and shall not be disclosed except to members and employees
13023+of the commission as necessary to determine qualifications of such person.
13024+Any other disclosure of such confidential information is a class A
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13068+misdemeanor and shall constitute grounds for removal from office,
13069+termination of employment or denial, revocation or suspension of any
13070+license issued under this act.
680713071 Sec. 69. K.S.A. 2023 Supp. 74-5602 is hereby amended to read as
680813072 follows: 74-5602. As used in the Kansas law enforcement training act:
680913073 (a) "Training center" means the law enforcement training center
681013074 within the university of Kansas, created by K.S.A. 74-5603, and
681113075 amendments thereto.
6812-(b) "Commission" means the Kansas commission on peace
6813-officers' standards and training, created by K.S.A. 74-5606, and
6814-amendments thereto, or the commission's designee.
6815-(c) "Chancellor" means the chancellor of the university of Kansas,
6816-or the chancellor's designee.
6817-(d) "Director of police training" means the director of police
6818-training at the law enforcement training center.
6819-(e) "Director" means the executive director of the Kansas
6820-commission on peace officers' standards and training.
13076+(b) "Commission" means the Kansas commission on peace officers'
13077+standards and training, created by K.S.A. 74-5606, and amendments
13078+thereto, or the commission's designee.
13079+(c) "Chancellor" means the chancellor of the university of Kansas, or
13080+the chancellor's designee.
13081+(d) "Director of police training" means the director of police training
13082+at the law enforcement training center.
13083+(e) "Director" means the executive director of the Kansas commission
13084+on peace officers' standards and training.
682113085 (f) "Law enforcement" means the prevention or detection of crime
6822-and the enforcement of the criminal or traffic laws of this state or of
6823-any municipality thereof.
6824-(g) (1) "Police officer" or "law enforcement officer" means a full-
6825-time or part-time salaried officer or employee of the state, a county or a
6826-city, whose duties include the prevention or detection of crime and the
13086+and the enforcement of the criminal or traffic laws of this state or of any
13087+municipality thereof.
13088+(g) (1) "Police officer" or "law enforcement officer" means a full-time
13089+or part-time salaried officer or employee of the state, a county or a city,
13090+whose duties include the prevention or detection of crime and the
682713091 enforcement of the criminal or traffic laws of this state or of any
682813092 municipality thereof.
6829-(2) "Police officer" or "law enforcement officer" includes, but is
6830-not limited to: The sheriff, undersheriff and full-time or part-time
6831-salaried deputies in the sheriff's office in each county; deputy sheriffs
6832-deputized pursuant to K.S.A. 19-2858, and amendments thereto;
6833-conservation officers of the Kansas department of wildlife and parks;
6834-university police officers, as defined in K.S.A. 22-2401a, and
6835-amendments thereto; campus police officers, as defined in K.S.A. 22-
6836-2401a, and amendments thereto; law enforcement agents of the director
6837-of alcoholic beverage control; law enforcement agents designated by
6838-the secretary of revenue pursuant to K.S.A. 75-5157, and amendments
6839-thereto; law enforcement agents of the Kansas lottery; law enforcement
6840-agents of the Kansas racing commission; deputies and assistants of the
6841-state fire marshal having law enforcement authority; capitol police,
6842-existing under the authority of K.S.A. 75-4503, and amendments
6843-thereto; special agents of the department of corrections; special
6844-investigators designated by the secretary of labor; and law enforcement
6845-officers appointed by the adjutant general pursuant to K.S.A. 48-204,
6846-and amendments thereto; railroad policemen appointed pursuant to
13093+(2) "Police officer" or "law enforcement officer" includes, but is not
13094+limited to: The sheriff, undersheriff and full-time or part-time salaried
13095+deputies in the sheriff's office in each county; deputy sheriffs deputized
13096+pursuant to K.S.A. 19-2858, and amendments thereto; conservation
13097+officers of the Kansas department of wildlife and parks; university police
13098+officers, as defined in K.S.A. 22-2401a, and amendments thereto; campus
13099+police officers, as defined in K.S.A. 22-2401a, and amendments thereto;
13100+law enforcement agents of the director of alcoholic beverage control; law
13101+enforcement agents designated by the secretary of revenue pursuant to
13102+K.S.A. 75-5157, and amendments thereto; law enforcement agents of the
13103+Kansas lottery; law enforcement agents of the Kansas racing commission;
13104+deputies and assistants of the state fire marshal having law enforcement
13105+authority; capitol police, existing under the authority of K.S.A. 75-4503,
13106+and amendments thereto; special agents of the department of corrections;
13107+special investigators designated by the secretary of labor; and law
13108+enforcement officers appointed by the adjutant general pursuant to K.S.A.
13109+48-204, and amendments thereto; railroad policemen appointed pursuant to
684713110 K.S.A. 66-524, and amendments thereto; school security officers
6848-designated as school law enforcement officers pursuant to K.S.A. 72-
6849-6146, and amendments thereto; the manager and employees of the
6850-horsethief reservoir benefit district pursuant to K.S.A. 82a-2212, and
6851-amendments thereto; and the director of the Kansas commission on
6852-peace officers' standards and training and any other employee of such
6853-commission designated by the director pursuant to K.S.A. 74-5603, and SENATE BILL No. 491—page 117
6854-amendments thereto, as a law enforcement officer. "Police officer" or
6855-"law enforcement officer" includes any officer appointed or elected on
6856-a provisional basis.
6857-(2)(3) "Police officer" or "law enforcement officer" does not
6858-include any elected official, other than a sheriff, serving in the capacity
6859-of a law enforcement or police officer solely by virtue of such official's
6860-elected position; any attorney-at-law having responsibility for law
6861-enforcement and discharging such responsibility solely in the capacity
6862-of an attorney; any employee of the secretary of corrections other than
6863-a special agent; any employee of the secretary for children and families;
6864-any deputy conservation officer of the Kansas department of wildlife
6865-and parks; or any employee of a city or county who is employed solely
6866-to perform correctional duties related to jail inmates and the
6867-administration and operation of a jail; or any full-time or part-time
6868-salaried officer or employee whose duties include the issuance of a
6869-citation or notice to appear provided such officer or employee is not
6870-vested by law with the authority to make an arrest for violation of the
6871-laws of this state or any municipality thereof, and is not authorized to
6872-carry firearms when discharging the duties of such person's office or
6873-employment.
6874-(h) "Full-time" means employment requiring at least 1,000 hours
6875-of law enforcement related work per year.
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13154+designated as school law enforcement officers pursuant to K.S.A. 72-6146,
13155+and amendments thereto; the manager and employees of the horsethief
13156+reservoir benefit district pursuant to K.S.A. 82a-2212, and amendments
13157+thereto; and the director of the Kansas commission on peace officers'
13158+standards and training and any other employee of such commission
13159+designated by the director pursuant to K.S.A. 74-5603, and amendments
13160+thereto, as a law enforcement officer. "Police officer" or "law enforcement
13161+officer" includes any officer appointed or elected on a provisional basis.
13162+(2)(3) "Police officer" or "law enforcement officer" does not include
13163+any elected official, other than a sheriff, serving in the capacity of a law
13164+enforcement or police officer solely by virtue of such official's elected
13165+position; any attorney-at-law having responsibility for law enforcement
13166+and discharging such responsibility solely in the capacity of an attorney;
13167+any employee of the secretary of corrections other than a special agent;
13168+any employee of the secretary for children and families; any deputy
13169+conservation officer of the Kansas department of wildlife and parks; or any
13170+employee of a city or county who is employed solely to perform
13171+correctional duties related to jail inmates and the administration and
13172+operation of a jail; or any full-time or part-time salaried officer or
13173+employee whose duties include the issuance of a citation or notice to
13174+appear provided such officer or employee is not vested by law with the
13175+authority to make an arrest for violation of the laws of this state or any
13176+municipality thereof, and is not authorized to carry firearms when
13177+discharging the duties of such person's office or employment.
13178+(h) "Full-time" means employment requiring at least 1,000 hours of
13179+law enforcement related work per year.
687613180 (i) "Part-time" means employment on a regular schedule or
687713181 employment which requires a minimum number of hours each payroll
6878-period, but in any case requiring less than 1,000 hours of law
6879-enforcement related work per year.
6880-(j) "Misdemeanor crime of domestic violence" means a violation
6881-of domestic battery as provided by K.S.A. 21-3412a, prior to its repeal,
6882-or K.S.A. 21-5414, and amendments thereto, or any other misdemeanor
13182+period, but in any case requiring less than 1,000 hours of law enforcement
13183+related work per year.
13184+(j) "Misdemeanor crime of domestic violence" means a violation of
13185+domestic battery as provided by K.S.A. 21-3412a, prior to its repeal, or
13186+K.S.A. 21-5414, and amendments thereto, or any other misdemeanor
688313187 under federal, municipal or state law that has as an element the use or
6884-attempted use of physical force, or the threatened use of a deadly
6885-weapon, committed against a person with whom the offender is
6886-involved or has been involved in a "dating relationship" or is a "family
6887-or household member" as defined in K.S.A. 21-5414, and amendments
6888-thereto, at the time of the offense.
6889-(k) "Auxiliary personnel" means members of organized
6890-nonsalaried groups who operate as an adjunct to a police or sheriff's
6891-department, including reserve officers, posses and search and rescue
6892-groups.
13188+attempted use of physical force, or the threatened use of a deadly weapon,
13189+committed against a person with whom the offender is involved or has
13190+been involved in a "dating relationship" or is a "family or household
13191+member" as defined in K.S.A. 21-5414, and amendments thereto, at the
13192+time of the offense.
13193+(k) "Auxiliary personnel" means members of organized nonsalaried
13194+groups who operate as an adjunct to a police or sheriff's department,
13195+including reserve officers, posses and search and rescue groups.
689313196 (l) "Active law enforcement certificate" means a certificate that
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689413240 attests to the qualification of a person to perform the duties of a law
6895-enforcement officer and that has not been suspended or revoked by
6896-action of the Kansas commission on peace officers' standards and
6897-training and has not lapsed by operation of law as provided in K.S.A.
6898-74-5622, and amendments thereto.
13241+enforcement officer and that has not been suspended or revoked by action
13242+of the Kansas commission on peace officers' standards and training and
13243+has not lapsed by operation of law as provided in K.S.A. 74-5622, and
13244+amendments thereto.
689913245 (m) "Applicant" means a person seeking certification as an officer
690013246 under this act.
690113247 Sec. 70. K.S.A. 74-5605 is hereby amended to read as follows: 74-
690213248 5605. (a) Every applicant for certification shall be:
6903-(1) An employee of a state, county or city law enforcement
6904-agency, a municipal university police officer, a railroad policeman
6905-appointed pursuant to K.S.A. 66-524, and amendments thereto;
13249+(1) An employee of a state, county or city law enforcement agency, a
13250+municipal university police officer, a railroad policeman appointed
13251+pursuant to K.S.A. 66-524, and amendments thereto;
690613252 (2) an employee of the tribal law enforcement agency of an Indian
6907-nation that has entered into a tribal-state gaming compact with this
6908-state;
6909-(3) a manager or employee of the horsethief reservoir benefit
6910-district pursuant to K.S.A. 82a-2212, and amendments thereto; or
6911-(4) a school security officer designated as a school law
6912-enforcement officer pursuant to K.S.A. 72-6146, and amendments SENATE BILL No. 491—page 118
6913-thereto.
6914-(b) Prior to admission to a course conducted at the training center
6915-or at a certified state or local law enforcement agency, the applicant's
6916-appointing authority or agency head shall furnish to the director of
6917-police training and to the commission a statement certifying that the
6918-applicant has been found to meet the minimum requirements of
6919-certification established by this subsection. The commission may rely
6920-upon the statement of the appointing authority or agency head as
6921-evidence that the applicant meets the minimum requirements for
6922-certification to issue a provisional certification. Each applicant for
6923-certification shall meet the following minimum requirements:
13253+nation that has entered into a tribal-state gaming compact with this state;
13254+(3) a manager or employee of the horsethief reservoir benefit district
13255+pursuant to K.S.A. 82a-2212, and amendments thereto; or
13256+(4) a school security officer designated as a school law enforcement
13257+officer pursuant to K.S.A. 72-6146, and amendments thereto.
13258+(b) Prior to admission to a course conducted at the training center or
13259+at a certified state or local law enforcement agency, the applicant's
13260+appointing authority or agency head shall furnish to the director of police
13261+training and to the commission a statement certifying that the applicant has
13262+been found to meet the minimum requirements of certification established
13263+by this subsection. The commission may rely upon the statement of the
13264+appointing authority or agency head as evidence that the applicant meets
13265+the minimum requirements for certification to issue a provisional
13266+certification. Each applicant for certification shall meet the following
13267+minimum requirements:
692413268 (1) Be a United States citizen;
6925-(2) have been fingerprinted pursuant to section 1, and
6926-amendments thereto, and a search of local, state and national fingerprint
6927-files made to determine whether the applicant has a criminal record;
6928-(3) not have been convicted of a crime that would constitute a
6929-felony under the laws of this state, a misdemeanor crime of domestic
6930-violence or a misdemeanor offense that the commission determines
6931-reflects on the honesty, trustworthiness, integrity or competence of the
6932-applicant as defined by rules and regulations of the commission;
13269+(2) have been fingerprinted pursuant to section 1, and amendments
13270+thereto, and a search of local, state and national fingerprint files made to
13271+determine whether the applicant has a criminal record;
13272+(3) not have been convicted of a crime that would constitute a felony
13273+under the laws of this state, a misdemeanor crime of domestic violence or
13274+a misdemeanor offense that the commission determines reflects on the
13275+honesty, trustworthiness, integrity or competence of the applicant as
13276+defined by rules and regulations of the commission;
693313277 (4) have:
693413278 (A) graduated from a high school accredited by the Kansas state
6935-board of education or the appropriate accrediting agency of another
6936-state jurisdiction;
13279+board of education or the appropriate accrediting agency of another state
13280+jurisdiction;
693713281 (B) obtained a high school education from a nonaccredited private
6938-secondary school as defined in K.S.A. 72-4345, and amendments
6939-thereto; or
6940-(C) obtained the equivalent of a high school education as defined
6941-by rules and regulations of the commission;
6942-(5) be of good moral character sufficient to warrant the public
6943-trust in the applicant as a police officer or law enforcement officer;
13282+secondary school as defined in K.S.A. 72-4345, and amendments thereto;
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13326+or
13327+(C) obtained the equivalent of a high school education as defined by
13328+rules and regulations of the commission;
13329+(5) be of good moral character sufficient to warrant the public trust in
13330+the applicant as a police officer or law enforcement officer;
694413331 (6) have completed an assessment, including psychological testing
6945-approved by the commission, to determine that the applicant does not
6946-have a mental or personality disorder that would adversely affect the
6947-ability to perform the essential functions of a police officer or law
6948-enforcement officer with reasonable skill, safety and judgment;
13332+approved by the commission, to determine that the applicant does not have
13333+a mental or personality disorder that would adversely affect the ability to
13334+perform the essential functions of a police officer or law enforcement
13335+officer with reasonable skill, safety and judgment;
694913336 (7) be free of any physical or mental condition which adversely
6950-affects the ability to perform the essential functions of a police officer
6951-or law enforcement officer with reasonable skill, safety and judgment;
6952-and
13337+affects the ability to perform the essential functions of a police officer or
13338+law enforcement officer with reasonable skill, safety and judgment; and
695313339 (8) be at least 21 years of age.
695413340 (c) The commission may deny a provisional or other certification
695513341 upon a finding that the applicant has engaged in conduct for which a
6956-certificate may be revoked, suspended or otherwise disciplined as
6957-provided in K.S.A. 74-5616, and amendments thereto. When it appears
6958-that grounds for denial of a certification exist under this subsection,
6959-after a conditional offer of employment has been made to an applicant
6960-seeking appointment as a police officer or law enforcement officer, the
6961-applicant's appointing authority or agency head may request an order
6962-from the commission to determine whether a provisional certification
6963-will be issued to that applicant.
13342+certificate may be revoked, suspended or otherwise disciplined as provided
13343+in K.S.A. 74-5616, and amendments thereto. When it appears that grounds
13344+for denial of a certification exist under this subsection, after a conditional
13345+offer of employment has been made to an applicant seeking appointment
13346+as a police officer or law enforcement officer, the applicant's appointing
13347+authority or agency head may request an order from the commission to
13348+determine whether a provisional certification will be issued to that
13349+applicant.
696413350 (d) As used in this section, "conviction" includes rendering of
696513351 judgment by a military court martial pursuant to the uniform code of
6966-military justice, by a court of the United States or by a court of
6967-competent jurisdiction in any state, whether or not expunged; and any
6968-diversion or deferred judgment agreement entered into for a
6969-misdemeanor crime of domestic violence or a misdemeanor offense
6970-that the commission determines reflects on the honesty, trustworthiness,
6971-integrity or competence of the applicant as defined by rules and SENATE BILL No. 491—page 119
6972-regulations by the commission and any diversion agreement or deferred
6973-judgment entered into on or after July 1, 1995, for a felony.
13352+military justice, by a court of the United States or by a court of competent
13353+jurisdiction in any state, whether or not expunged; and any diversion or
13354+deferred judgment agreement entered into for a misdemeanor crime of
13355+domestic violence or a misdemeanor offense that the commission
13356+determines reflects on the honesty, trustworthiness, integrity or
13357+competence of the applicant as defined by rules and regulations by the
13358+commission and any diversion agreement or deferred judgment entered
13359+into on or after July 1, 1995, for a felony.
697413360 Sec. 71. K.S.A. 74-5607 is hereby amended to read as follows: 74-
697513361 5607. (a) In addition to other powers and duties prescribed by law, the
6976-commission shall adopt, in accordance with the provisions of K.S.A.
6977-77-415 et seq., and amendments thereto, rules and regulations
6978-necessary to carry out the provisions of and to administer the Kansas
6979-law enforcement training act. The commission may also adopt such
6980-rules of procedure or guidance documents as are necessary for
6981-conducting the business of the commission.
13362+commission shall adopt, in accordance with the provisions of K.S.A. 77-
13363+415 et seq., and amendments thereto, rules and regulations necessary to
13364+carry out the provisions of and to administer the Kansas law enforcement
13365+training act. The commission may also adopt such rules of procedure or
13366+guidance documents as are necessary for conducting the business of the
13367+commission.
698213368 (b) The commission or a designated committee or member of the
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698313412 commission may conduct investigations and proceedings necessary to
6984-carry out the provisions of the Kansas law enforcement training act. In
6985-all investigations, hearings or other matters pending before the
6986-commission, the commission or any person acting as a presiding officer
6987-for the commission shall have the power to:
13413+carry out the provisions of the Kansas law enforcement training act. In all
13414+investigations, hearings or other matters pending before the commission,
13415+the commission or any person acting as a presiding officer for the
13416+commission shall have the power to:
698813417 (1) Administer oaths and take testimony;
698913418 (2) issue subpoenas, compel the attendance of witnesses and the
6990-production of any papers, books, accounts, documents and testimony,
6991-and to cause the deposition of witnesses, either residing within or
6992-without the state, to be taken in the manner prescribed by law for taking
6993-depositions in civil actions in the district courts. In case of the failure of
6994-any person to comply with any subpoena issued on behalf of the
6995-commission, or on the refusal of any witness to testify to any matters
6996-regarding which the witness may be lawfully questioned, the district
6997-court of any county, on application of a member of the commission,
6998-may require compliance by proceedings for contempt, as in the case of
6999-failure to comply with a subpoena issued from such court or a refusal to
7000-testify in such court. Each witness who appears before the commission
7001-by its order or subpoena, other than a state officer or employee, shall
7002-receive for such attendance the fees and mileage provided for witnesses
7003-in civil cases in courts of record which shall be audited and paid upon
7004-presentation of proper vouchers sworn to by such witnesses and
7005-approved by the chairperson of the commission or by a person or
7006-persons designated by the chairperson;
7007-(3) enter into contracts necessary to administer the provisions of
7008-the Kansas law enforcement training act and the certification of law
13419+production of any papers, books, accounts, documents and testimony, and
13420+to cause the deposition of witnesses, either residing within or without the
13421+state, to be taken in the manner prescribed by law for taking depositions in
13422+civil actions in the district courts. In case of the failure of any person to
13423+comply with any subpoena issued on behalf of the commission, or on the
13424+refusal of any witness to testify to any matters regarding which the witness
13425+may be lawfully questioned, the district court of any county, on application
13426+of a member of the commission, may require compliance by proceedings
13427+for contempt, as in the case of failure to comply with a subpoena issued
13428+from such court or a refusal to testify in such court. Each witness who
13429+appears before the commission by its order or subpoena, other than a state
13430+officer or employee, shall receive for such attendance the fees and mileage
13431+provided for witnesses in civil cases in courts of record which shall be
13432+audited and paid upon presentation of proper vouchers sworn to by such
13433+witnesses and approved by the chairperson of the commission or by a
13434+person or persons designated by the chairperson;
13435+(3) enter into contracts necessary to administer the provisions of the
13436+Kansas law enforcement training act and the certification of law
700913437 enforcement officers; and
7010-(4) assess the costs of such matters pending before the
7011-commission under this section against the governmental entity
7012-employing the police officer or law enforcement officer.
13438+(4) assess the costs of such matters pending before the commission
13439+under this section against the governmental entity employing the police
13440+officer or law enforcement officer.
701313441 (c) Members of the commission attending meetings of the
701413442 commission, or attending a committee meeting authorized by the
701513443 commission, shall be paid amounts provided for in subsection (e) of
701613444 K.S.A. 75-3223(e), and amendments thereto. The commission shall be
701713445 responsible for approving all expense vouchers of members.
7018-(d) The commission shall meet at least once each year at the
7019-training center and may hold other meetings whenever they are called
7020-by the chairperson.
13446+(d) The commission shall meet at least once each year at the training
13447+center and may hold other meetings whenever they are called by the
13448+chairperson.
702113449 (e) The commission shall adopt the rules and regulations that are
7022-necessary to ensure that law enforcement officers are adequately
7023-trained and to enforce the provisions of the Kansas law enforcement
7024-training act. Such rules and regulations shall include, but are not limited
7025-to, the establishment of a course of fire as a standard qualification for
7026-active law enforcement officers to carry firearms that may also be used
7027-for qualified retired officers to carry firearms pursuant to federal law.
7028-The director of police training shall provide qualification opportunities
7029-for qualified retired officers at the times and places the director
7030-determines to be necessary. The training center shall charge and collect SENATE BILL No. 491—page 120
7031-a fee from retired state, local and federal officers for the qualification
7032-opportunities, but these fees shall be limited to the actual costs of
7033-presenting the standard qualifications course.
13450+necessary to ensure that law enforcement officers are adequately trained
13451+and to enforce the provisions of the Kansas law enforcement training act.
13452+Such rules and regulations shall include, but are not limited to, the
13453+establishment of a course of fire as a standard qualification for active law
13454+enforcement officers to carry firearms that may also be used for qualified
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13498+retired officers to carry firearms pursuant to federal law. The director of
13499+police training shall provide qualification opportunities for qualified
13500+retired officers at the times and places the director determines to be
13501+necessary. The training center shall charge and collect a fee from retired
13502+state, local and federal officers for the qualification opportunities, but these
13503+fees shall be limited to the actual costs of presenting the standard
13504+qualifications course.
703413505 (f) On and after July 1, 2012, The commission shall may require
703513506 fingerprinting of each applicant for certification under the Kansas law
7036-enforcement training act in accordance with section 2, and
7037-amendments thereto, and may require fingerprinting of a person who
7038-has received a certificate under the Kansas law enforcement training act
7039-prior to July 1, 2012, if such person's conduct is investigated pursuant
7040-to this section. The commission shall appoint an employee of the
7041-commission whose official duty includes seeking and maintaining
7042-confidential information as provided by this subsection. The appointed
7043-employee shall submit fingerprints to the Kansas bureau of
7044-investigation and to the federal bureau of investigation for the purpose
7045-of verifying the identity of such applicant or certificate holder and for
7046-obtaining records of that person's criminal arrests and convictions.
7047-Upon the request of the appointed employee, the Kansas bureau of
7048-investigation and other criminal justice agencies shall provide to the
7049-appointed employee all background investigation information including
7050-criminal history record information, arrest and nonconviction data and
7051-criminal intelligence information. Such information, other than
7052-conviction data, shall be confidential and shall not be disclosed by the
7053-appointed employee, except for a purpose stated in this section. In
7054-addition to any other penalty provided by law, unauthorized disclosure
7055-of such information shall be grounds for removal from office or
13507+enforcement training act in accordance with section 2, and amendments
13508+thereto, and may require fingerprinting of a person who has received a
13509+certificate under the Kansas law enforcement training act prior to July 1,
13510+2012, if such person's conduct is investigated pursuant to this section. The
13511+commission shall appoint an employee of the commission whose official
13512+duty includes seeking and maintaining confidential information as
13513+provided by this subsection. The appointed employee shall submit
13514+fingerprints to the Kansas bureau of investigation and to the federal bureau
13515+of investigation for the purpose of verifying the identity of such applicant
13516+or certificate holder and for obtaining records of that person's criminal
13517+arrests and convictions. Upon the request of the appointed employee, the
13518+Kansas bureau of investigation and other criminal justice agencies shall
13519+provide to the appointed employee all background investigation
13520+information including criminal history record information, arrest and
13521+nonconviction data and criminal intelligence information. Such
13522+information, other than conviction data, shall be confidential and shall not
13523+be disclosed by the appointed employee, except for a purpose stated in this
13524+section. In addition to any other penalty provided by law, unauthorized
13525+disclosure of such information shall be grounds for removal from office or
705613526 termination of employment.
705713527 Sec. 72. K.S.A. 74-7511 is hereby amended to read as follows: 74-
705813528 7511. (a) As part of an original application for or reinstatement of any
705913529 license, registration, permit or certificate or in connection with any
7060-investigation of any holder of a license, registration, permit or
7061-certificate, the behavioral sciences regulatory board may require a
7062-person to be fingerprinted and submit to a state and national criminal
7063-history record check in accordance with section 2, and amendments
7064-thereto. The fingerprints shall be used to identify the person and to
7065-determine whether the person has a record of criminal history in this
7066-state or another jurisdiction. The behavioral sciences regulatory board
7067-is authorized to submit the fingerprints to the Kansas bureau of
7068-investigation and the federal bureau of investigation for a state and
7069-national criminal history record check. The behavioral sciences
7070-regulatory board may use the information obtained from fingerprinting
7071-and the criminal history for purposes of verifying the identification of
7072-the person and in the official determination of the qualifications and
7073-fitness of the person to be issued or to maintain a license, registration,
7074-permit or certificate.
7075-(b) Local and state law enforcement officers and agencies shall
7076-assist the behavioral sciences regulatory board in the taking and
7077-processing of fingerprints of applicants for and holders of any license,
7078-registration, permit or certificate and shall release all records of adult
7079-convictions and nonconvictions and adult convictions or adjudications
7080-of another state or country to the behavioral sciences regulatory board.
7081-(c) The behavioral sciences regulatory board may fix and collect a
7082-fee as may be required by the board in an amount equal to the cost of
13530+investigation of any holder of a license, registration, permit or certificate,
13531+the behavioral sciences regulatory board may require a person to be
13532+fingerprinted and submit to a state and national criminal history record
13533+check in accordance with section 2, and amendments thereto. The
13534+fingerprints shall be used to identify the person and to determine whether
13535+the person has a record of criminal history in this state or another
13536+jurisdiction. The behavioral sciences regulatory board is authorized to
13537+submit the fingerprints to the Kansas bureau of investigation and the
13538+federal bureau of investigation for a state and national criminal history
13539+record check. The behavioral sciences regulatory board may use the
13540+information obtained from fingerprinting and the criminal history for
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13584+purposes of verifying the identification of the person and in the official
13585+determination of the qualifications and fitness of the person to be issued or
13586+to maintain a license, registration, permit or certificate.
13587+(b) Local and state law enforcement officers and agencies shall assist
13588+the behavioral sciences regulatory board in the taking and processing of
13589+fingerprints of applicants for and holders of any license, registration,
13590+permit or certificate and shall release all records of adult convictions and
13591+nonconvictions and adult convictions or adjudications of another state or
13592+country to the behavioral sciences regulatory board.
13593+(c) The behavioral sciences regulatory board may fix and collect a fee
13594+as may be required by the board in an amount equal to the cost of
708313595 fingerprinting and the criminal history record check. Any moneys
7084-collected under this subsection shall be deposited in the state treasury
7085-and credited to the behavioral sciences regulatory board fee fund. The
7086-behavioral sciences regulatory board shall remit all moneys received by
7087-or for it from fees, charges or penalties to the state treasurer in
7088-accordance with the provisions of K.S.A. 75-4215, and amendments
7089-thereto. Upon receipt of each such remittance, the state treasurer shall SENATE BILL No. 491—page 121
7090-deposit the entire amount in the state treasury to the credit of the
7091-behavioral sciences regulatory board fee fund.
13596+collected under this subsection shall be deposited in the state treasury and
13597+credited to the behavioral sciences regulatory board fee fund. The
13598+behavioral sciences regulatory board shall remit all moneys received by or
13599+for it from fees, charges or penalties to the state treasurer in accordance
13600+with the provisions of K.S.A. 75-4215, and amendments thereto. Upon
13601+receipt of each such remittance, the state treasurer shall deposit the entire
13602+amount in the state treasury to the credit of the behavioral sciences
13603+regulatory board fee fund.
709213604 (c) As used in this section, "licensee" means a person who has
7093-submitted an original application for or an application for
7094-reinstatement of any license, registration, permit or certificate or a
7095-person who currently holds a license, registration, permit or certificate
7096-issued by the behavioral sciences regulatory board.
13605+submitted an original application for or an application for reinstatement
13606+of any license, registration, permit or certificate or a person who currently
13607+holds a license, registration, permit or certificate issued by the behavioral
13608+sciences regulatory board.
709713609 Sec. 73. K.S.A. 2023 Supp. 74-8702 is hereby amended to read as
709813610 follows: 74-8702. As used in the Kansas lottery act, unless the context
709913611 otherwise requires:
710013612 (a) "Ancillary lottery gaming facility operations" means additional
7101-non-lottery facility game products and services not owned and operated
7102-by the state that may be included in the overall development associated
7103-with the lottery gaming facility. Such operations may include, but are
7104-not limited to, restaurants, hotels, motels, museums or entertainment
7105-facilities.
7106-(b) "Auto racetrack facility" means the same as defined in K.S.A.
7107-12-17,162, and amendments thereto, and that is located in Wyandotte
7108-county with a minimum investment of $50,000,000 and is in operation
7109-on July 1, 2022.
13613+non-lottery facility game products and services not owned and operated by
13614+the state that may be included in the overall development associated with
13615+the lottery gaming facility. Such operations may include, but are not
13616+limited to, restaurants, hotels, motels, museums or entertainment facilities.
13617+(b) "Auto racetrack facility" means the same as defined in K.S.A. 12-
13618+17,162, and amendments thereto, and that is located in Wyandotte county
13619+with a minimum investment of $50,000,000 and is in operation on July 1,
13620+2022.
711013621 (c) "Commission" means the Kansas lottery commission.
711113622 (d) (1) "Electronic gaming machine" means any electronic,
7112-electromechanical, video or computerized device, contrivance or
7113-machine authorized by the Kansas lottery that, upon insertion of cash,
7114-tokens, electronic cards or any consideration, is available to play,
7115-operate or simulate the play of a game authorized by the Kansas lottery
7116-pursuant to the Kansas expanded lottery act, including, but not limited
7117-to, bingo, poker, blackjack, keno and slot machines, and that may
7118-deliver or entitle the player operating the machine to receive cash,
7119-tokens, merchandise or credits that may be redeemed for cash.
7120-Electronic gaming machines may use bill validators and may be single-
7121-position reel-type, single or multi-game video and single-position
7122-multi-game video electronic game, including, but not limited to, poker,
7123-blackjack and slot machines. Electronic gaming machines shall be
7124-directly linked to a central computer at a location determined by the
7125-executive director for purposes of security, monitoring and auditing.
7126-(2) "Electronic gaming machine" does not mean an historical
7127-horse race machine, as defined in K.S.A. 74-8802, and amendments
7128-thereto.
13623+electromechanical, video or computerized device, contrivance or machine
13624+authorized by the Kansas lottery that, upon insertion of cash, tokens,
13625+electronic cards or any consideration, is available to play, operate or
13626+simulate the play of a game authorized by the Kansas lottery pursuant to
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13670+the Kansas expanded lottery act, including, but not limited to, bingo,
13671+poker, blackjack, keno and slot machines, and that may deliver or entitle
13672+the player operating the machine to receive cash, tokens, merchandise or
13673+credits that may be redeemed for cash. Electronic gaming machines may
13674+use bill validators and may be single-position reel-type, single or multi-
13675+game video and single-position multi-game video electronic game,
13676+including, but not limited to, poker, blackjack and slot machines.
13677+Electronic gaming machines shall be directly linked to a central computer
13678+at a location determined by the executive director for purposes of security,
13679+monitoring and auditing.
13680+(2) "Electronic gaming machine" does not mean an historical horse
13681+race machine, as defined in K.S.A. 74-8802, and amendments thereto.
712913682 (e) "Employee" means a person who has applied for a position of
713013683 employment or is currently employed by the lottery in a position of
713113684 employment within a sensitive area of the lottery.
7132-(f) "Executive director" means the executive director of the
7133-Kansas lottery.
13685+(f) "Executive director" means the executive director of the Kansas
13686+lottery.
713413687 (f)(g) "Gaming equipment" means any electric, electronic,
7135-computerized or electromechanical machine, mechanism, supply or
7136-device or any other equipment, that is: (1) Unique to the Kansas lottery
7137-and used pursuant to the Kansas lottery act; (2) integral to the operation
7138-of an electronic gaming machine or lottery facility game; and (3)
7139-affects the results of an electronic gaming machine or lottery facility
7140-game by determining win or loss.
7141-(g)(h) "Gaming zone" means: (1) The northeast Kansas gaming
7142-zone, which consists of Wyandotte county; (2) the southeast Kansas
7143-gaming zone, which consists of Crawford and Cherokee counties; (3)
7144-the south central Kansas gaming zone, which consists of Sedgwick and
7145-Sumner counties; and (4) the southwest Kansas gaming zone, which
7146-consists of Ford county.
7147-(h)(i) "Gray machine" means any mechanical, electro-mechanical
7148-or electronic device, capable of being used for gambling, that is: (1) SENATE BILL No. 491—page 122
7149-Not authorized by the Kansas lottery; (2) not linked to a lottery central
13688+computerized or electromechanical machine, mechanism, supply or device
13689+or any other equipment, that is: (1) Unique to the Kansas lottery and used
13690+pursuant to the Kansas lottery act; (2) integral to the operation of an
13691+electronic gaming machine or lottery facility game; and (3) affects the
13692+results of an electronic gaming machine or lottery facility game by
13693+determining win or loss.
13694+(g)(h) "Gaming zone" means: (1) The northeast Kansas gaming zone,
13695+which consists of Wyandotte county; (2) the southeast Kansas gaming
13696+zone, which consists of Crawford and Cherokee counties; (3) the south
13697+central Kansas gaming zone, which consists of Sedgwick and Sumner
13698+counties; and (4) the southwest Kansas gaming zone, which consists of
13699+Ford county.
13700+(h)(i) "Gray machine" means any mechanical, electro-mechanical or
13701+electronic device, capable of being used for gambling, that is: (1) Not
13702+authorized by the Kansas lottery; (2) not linked to a lottery central
715013703 computer system; (3) available to the public for play; or (4) capable of
7151-simulating a game played on an electronic gaming machine or any
7152-similar gambling game authorized pursuant to the Kansas expanded
7153-lottery act.
13704+simulating a game played on an electronic gaming machine or any similar
13705+gambling game authorized pursuant to the Kansas expanded lottery act.
715413706 (i)(j) "Interactive sports wagering platform" means an integrated
7155-system of hardware, software and applications, including, but not
7156-limited to, mobile applications and servers, through which sports
7157-wagering may be made available to persons physically located within
7158-the state of Kansas at the time of submitting the wager to a sports
7159-wagering manager over the internet or wireless services as defined in
7160-K.S.A. 66-2019, and amendments thereto, including, but not limited to,
7161-through websites and mobile device applications.
13707+system of hardware, software and applications, including, but not limited
13708+to, mobile applications and servers, through which sports wagering may be
13709+made available to persons physically located within the state of Kansas at
13710+the time of submitting the wager to a sports wagering manager over the
13711+internet or wireless services as defined in K.S.A. 66-2019, and
13712+amendments thereto, including, but not limited to, through websites and
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13756+mobile device applications.
716213757 (j)(k) (1) "Instant bingo vending machine" means a machine or
7163-electronic device that is purchased or leased by a licensee, as defined
7164-by K.S.A. 75-5173, and amendments thereto, from a distributor who
7165-has been issued a distributor registration certificate pursuant to K.S.A.
7166-75-5184, and amendments thereto, or leased from the Kansas lottery in
7167-fulfillment of the Kansas lottery's obligations under an agreement
7168-between the Kansas lottery and a licensee entered into pursuant to
7169-K.S.A. 75-5189, and amendments thereto, and the sole purpose of
7170-which is to:
7171-(A) Dispense a printed physical instant bingo ticket after a
7172-purchaser inserts cash or other form of consideration into the machine;
7173-and
13758+electronic device that is purchased or leased by a licensee, as defined by
13759+K.S.A. 75-5173, and amendments thereto, from a distributor who has been
13760+issued a distributor registration certificate pursuant to K.S.A. 75-5184, and
13761+amendments thereto, or leased from the Kansas lottery in fulfillment of the
13762+Kansas lottery's obligations under an agreement between the Kansas
13763+lottery and a licensee entered into pursuant to K.S.A. 75-5189, and
13764+amendments thereto, and the sole purpose of which is to:
13765+(A) Dispense a printed physical instant bingo ticket after a purchaser
13766+inserts cash or other form of consideration into the machine; and
717413767 (B) allow purchasers to manually check the winning status of the
717513768 instant bingo ticket.
717613769 (2) "Instant bingo vending machine" shall not:
717713770 (A) Provide a visual or audio representation of a bingo card or an
717813771 electronic gaming machine;
717913772 (B) visually or functionally have the same characteristics of an
718013773 electronic instant bingo game or an electronic gaming machine;
718113774 (C) automatically determine or display the winning status of any
718213775 dispensed instant bingo ticket;
718313776 (D) extend or arrange credit for the purchase of an instant bingo
718413777 ticket;
718513778 (E) dispense any winnings;
718613779 (F) dispense any prize;
718713780 (G) dispense any evidence of a prize other than an instant bingo
718813781 ticket;
718913782 (H) provide free instant bingo tickets or any other item that can be
719013783 redeemed for cash; or
719113784 (I) dispense any other form of a prize to a purchaser.
7192-All physical instant bingo tickets dispensed by an instant bingo
7193-vending machine shall be purchased by a licensee, as defined by K.S.A.
7194-75-5173, and amendments thereto, from a registered distributor.
7195-Not more than two instant bingo vending machines may be located
7196-on the premises of each licensee location.
7197-(k)(l) "Kansas lottery" means the state agency created by this act
7198-to operate a lottery or lotteries pursuant to this act.
13785+All physical instant bingo tickets dispensed by an instant bingo vending
13786+machine shall be purchased by a licensee, as defined by K.S.A. 75-5173,
13787+and amendments thereto, from a registered distributor.
13788+Not more than two instant bingo vending machines may be located on
13789+the premises of each licensee location.
13790+(k)(l) "Kansas lottery" means the state agency created by this act to
13791+operate a lottery or lotteries pursuant to this act.
719913792 (l)(m) "Lottery" or "state lottery" means the lottery or lotteries
720013793 operated pursuant to this act.
720113794 (m)(n) (1) "Lottery facility games" means any electronic gaming
720213795 machines and any other games that are authorized to be conducted or
720313796 operated at any licensed gaming facilities in the United States.
720413797 (2) "Lottery facility games" does not include sports wagering or
720513798 historical horse race machines, as defined in K.S.A. 74-8802, and
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13841+43 SB 491 162
720613842 amendments thereto.
7207-(n)(o) "Lottery gaming enterprise" means an entertainment SENATE BILL No. 491—page 123
7208-enterprise that includes a lottery gaming facility authorized pursuant to
7209-the Kansas expanded lottery act and ancillary lottery gaming facility
7210-operations that have a coordinated business or marketing strategy. A
7211-lottery gaming enterprise shall be designed to attract to its lottery
7212-gaming facility consumers who reside outside the immediate area of
7213-such enterprise.
7214-(o)(p) "Lottery gaming facility" means that portion of a building
7215-used for the purposes of operating, managing and maintaining lottery
7216-facility games.
13843+(n)(o) "Lottery gaming enterprise" means an entertainment enterprise
13844+that includes a lottery gaming facility authorized pursuant to the Kansas
13845+expanded lottery act and ancillary lottery gaming facility operations that
13846+have a coordinated business or marketing strategy. A lottery gaming
13847+enterprise shall be designed to attract to its lottery gaming facility
13848+consumers who reside outside the immediate area of such enterprise.
13849+(o)(p) "Lottery gaming facility" means that portion of a building used
13850+for the purposes of operating, managing and maintaining lottery facility
13851+games.
721713852 (p)(q) "Lottery gaming facility expenses" means normal business
7218-expenses, as defined in the lottery gaming facility management
7219-contract, associated with the ownership and operation of a lottery
7220-gaming facility.
13853+expenses, as defined in the lottery gaming facility management contract,
13854+associated with the ownership and operation of a lottery gaming facility.
722113855 (q)(r) "Lottery gaming facility management contract" means a
722213856 contract, subcontract or collateral agreement between the state and a
722313857 lottery gaming facility manager for the management of a lottery gaming
7224-facility, the business of which is owned and operated by the Kansas
7225-lottery, negotiated and signed by the executive director on behalf of the
7226-state.
7227-(r)(s) "Lottery gaming facility manager" means a corporation,
7228-limited liability company, resident Kansas American Indian tribe or
7229-other business entity authorized to construct and manage, or manage
7230-alone, pursuant to a lottery gaming facility management contract with
7231-the Kansas lottery, and on behalf of the state, a lottery gaming
7232-enterprise and lottery gaming facility.
13858+facility, the business of which is owned and operated by the Kansas lottery,
13859+negotiated and signed by the executive director on behalf of the state.
13860+(r)(s) "Lottery gaming facility manager" means a corporation, limited
13861+liability company, resident Kansas American Indian tribe or other business
13862+entity authorized to construct and manage, or manage alone, pursuant to a
13863+lottery gaming facility management contract with the Kansas lottery, and
13864+on behalf of the state, a lottery gaming enterprise and lottery gaming
13865+facility.
723313866 (s)(t) "Lottery gaming facility revenues" means the total revenues
723413867 from lottery facility games at a lottery gaming facility after all related
723513868 prizes are paid. The term "lottery gaming facility revenues" does not
723613869 include sports wagering revenues.
7237-(t)(u) (1) "Lottery machine" means any machine or device that
7238-allows a purchaser to insert cash or other form of consideration and
7239-may deliver as the result of an element of chance, regardless of the skill
7240-required by the purchaser, a prize or evidence of a prize, including, but
7241-not limited to:
7242-(A) Any machine or device in which the prize or evidence of a
7243-prize is determined by both chance and the purchaser's or purchasers'
7244-skill, including, but not limited to, any machine or device on which a
7245-lottery game or lottery games, such as poker or blackjack, are played;
7246-or
7247-(B) any machine or device in which the prize or evidence of a
7248-prize is determined only by chance, including, but not limited to, any
7249-slot machine or bingo machine.
13870+(t)(u) (1) "Lottery machine" means any machine or device that allows
13871+a purchaser to insert cash or other form of consideration and may deliver
13872+as the result of an element of chance, regardless of the skill required by the
13873+purchaser, a prize or evidence of a prize, including, but not limited to:
13874+(A) Any machine or device in which the prize or evidence of a prize
13875+is determined by both chance and the purchaser's or purchasers' skill,
13876+including, but not limited to, any machine or device on which a lottery
13877+game or lottery games, such as poker or blackjack, are played; or
13878+(B) any machine or device in which the prize or evidence of a prize is
13879+determined only by chance, including, but not limited to, any slot machine
13880+or bingo machine.
725013881 (2) "Lottery machine" shall not mean:
725113882 (A) Any food vending machine defined by K.S.A. 36-501, and
725213883 amendments thereto;
7253-(B) any nonprescription drug machine authorized under K.S.A.
7254-65-650, and amendments thereto;
13884+(B) any nonprescription drug machine authorized under K.S.A. 65-
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13927+43 SB 491 163
13928+650, and amendments thereto;
725513929 (C) any machine that dispenses only bottled or canned soft drinks,
725613930 chewing gum, nuts or candies;
725713931 (D) any machine excluded from the definition of gambling devices
725813932 under K.S.A. 21-4302(d), prior to its repeal, or K.S.A. 21-6403, and
725913933 amendments thereto;
7260-(E) any electronic gaming machine or lottery facility game
7261-operated in accordance with the provisions of the Kansas expanded
7262-lottery act;
13934+(E) any electronic gaming machine or lottery facility game operated
13935+in accordance with the provisions of the Kansas expanded lottery act;
726313936 (F) any lottery ticket vending machine; or
726413937 (G) any instant bingo vending machine.
726513938 (u)(v) "Lottery retailer" means any person with whom the Kansas
7266-lottery has contracted to sell lottery tickets or shares, or both, to the SENATE BILL No. 491—page 124
7267-public.
13939+lottery has contracted to sell lottery tickets or shares, or both, to the public.
726813940 (v)(w) (1) "Lottery ticket vending machine" means a machine or
7269-similar electronic device owned or leased by the Kansas lottery, the
7270-sole purposes of which are to:
7271-(A) Dispense a printed physical ticket, such as a lottery ticket, a
7272-keno ticket, a pull tab ticket or a coupon, the coupon of which must be
7273-redeemed through something other than a lottery ticket vending
7274-machine, after a purchaser inserts cash or other form of consideration
7275-into the machine;
13941+similar electronic device owned or leased by the Kansas lottery, the sole
13942+purposes of which are to:
13943+(A) Dispense a printed physical ticket, such as a lottery ticket, a keno
13944+ticket, a pull tab ticket or a coupon, the coupon of which must be
13945+redeemed through something other than a lottery ticket vending machine,
13946+after a purchaser inserts cash or other form of consideration into the
13947+machine;
727613948 (B) allow purchasers to manually check the winning status of a
727713949 Kansas lottery ticket; and
7278-(C) display advertising, promotions and other information
7279-pertaining to the Kansas lottery.
13950+(C) display advertising, promotions and other information pertaining
13951+to the Kansas lottery.
728013952 (2) "Lottery ticket vending machine" shall not:
7281-(A) Provide a visual or audio representation of an electronic
7282-gaming machine;
13953+(A) Provide a visual or audio representation of an electronic gaming
13954+machine;
728313955 (B) visually or functionally have the same characteristics of an
728413956 electronic gaming machine;
728513957 (C) automatically determine or display the winning status of any
728613958 dispensed ticket;
728713959 (D) extend or arrange credit for the purchase of a ticket;
728813960 (E) dispense any winnings;
728913961 (F) dispense any prize;
729013962 (G) dispense any evidence of a prize other than the lottery ticket,
7291-keno ticket, pull tab ticket or any free Kansas lottery ticket received as
7292-a result of the purchase of another Kansas lottery ticket;
13963+keno ticket, pull tab ticket or any free Kansas lottery ticket received as a
13964+result of the purchase of another Kansas lottery ticket;
729313965 (H) provide free games or any other item that can be redeemed for
729413966 cash; or
729513967 (I) dispense any other form of a prize to a purchaser.
7296-Not more than two lottery ticket vending machines may be located
7297-at each Kansas lottery retailer selling location.
7298-Lottery ticket vending machines may only dispense the printed
7299-physical lottery ticket, keno ticket or pull tab ticket, including any free
7300-Kansas lottery ticket received as a result of the purchase of another
7301-Kansas lottery ticket, and change from a purchase to the purchaser. Any
7302-winnings from a lottery ticket vending machine shall be redeemed only
7303-for cash or check by a lottery retailer or by cash, check or other prize
7304-from the office of the Kansas lottery.
13968+Not more than two lottery ticket vending machines may be located at
13969+each Kansas lottery retailer selling location.
13970+Lottery ticket vending machines may only dispense the printed physical
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14013+43 SB 491 164
14014+lottery ticket, keno ticket or pull tab ticket, including any free Kansas
14015+lottery ticket received as a result of the purchase of another Kansas lottery
14016+ticket, and change from a purchase to the purchaser. Any winnings from a
14017+lottery ticket vending machine shall be redeemed only for cash or check by
14018+a lottery retailer or by cash, check or other prize from the office of the
14019+Kansas lottery.
730514020 (w)(x) (1) "Major procurement" means any gaming product or
730614021 service, including, but not limited to, facilities, advertising and
730714022 promotional services, annuity contracts, prize payment agreements,
730814023 consulting services, equipment, tickets and other products and services
730914024 unique to the Kansas lottery, but not including materials, supplies,
731014025 equipment and services common to the ordinary operations of state
731114026 agencies.
7312-(2) "Major procurement" shall not mean any product, service or
7313-other matter covered by or addressed in the Kansas expanded lottery act
7314-or a lottery gaming facility management contract or racetrack gaming
7315-facility management contract executed pursuant to the Kansas
7316-expanded lottery act.
14027+(2) "Major procurement" shall not mean any product, service or other
14028+matter covered by or addressed in the Kansas expanded lottery act or a
14029+lottery gaming facility management contract or racetrack gaming facility
14030+management contract executed pursuant to the Kansas expanded lottery
14031+act.
731714032 (x)(y) "Marketing agreement" means an agreement entered into
7318-between a professional sports team or other marketing entity and a
7319-lottery gaming facility manager for the purposes described in K.S.A.
7320-2023 Supp. 74-8784, and amendments thereto.
14033+between a professional sports team or other marketing entity and a lottery
14034+gaming facility manager for the purposes described in K.S.A. 2023 Supp.
14035+74-8784, and amendments thereto.
732114036 (y)(z) "Marketing entity" means:
732214037 (1) A corporation, limited liability company, partnership or other
732314038 business entity registered to do business in this state; or
732414039 (2) a nonprofit fraternal or veterans organization.
7325-(z)(aa) "Match-fixing" means to arrange or determine any action SENATE BILL No. 491—page 125
7326-that occurs during a sporting event, including, but not limited to, any
7327-action resulting in the final outcome of such sporting event, for
7328-financial gain.
7329-(aa)(bb) "Net electronic gaming machine income" means all cash
7330-or other consideration utilized to play an electronic gaming machine
7331-operated at a racetrack gaming facility, less all cash or other
7332-consideration paid out to winning players as prizes.
7333-(bb)(cc) "Nonprofit fraternal organization" means any
7334-organization within this state that exists for the common benefit,
7335-brotherhood or other interests of its members and is authorized by its
7336-written constitution, charter, articles of incorporation or bylaws to
7337-engage in a fraternal, civic or service purpose within this state and has
7338-been determined by the executive director to be organized and operated
7339-as a bona fide fraternal organization and that has been exempted from
7340-the payment of federal income taxes as provided by section 501(c)(8)
7341-or section 501(c)(10) of the federal internal revenue code of 1986, as
7342-amended, or determined to be organized and operated as a bona fide
7343-nonprofit fraternal organization by the executive director.
7344-(cc)(dd) "Nonprofit veterans' organization" means any
7345-organization within this state or any branch, lodge or chapter of a
7346-national or state organization within this state, the membership of
7347-which consists exclusively of individuals who qualify for membership
7348-because they were or are members of the armed services or forces of
7349-the United States, or an auxiliary unit or society of such a nonprofit
7350-veterans' organization, the membership of which consists exclusively of
7351-individuals who were or are members of the armed services or forces of
7352-the United States, or are cadets, or are spouses, widows or widowers of
7353-individuals who were or are members of the armed services or forces of
7354-the United States, and of which no part of the net earnings inures to the
7355-benefit of any private shareholder or individual member of such
7356-organization, and has been determined by the executive director to be
7357-organized and operated as a bona fide veterans' organization and that
7358-has been exempted from the payment of federal income taxes as
7359-provided by section 501(c)(4) or 501(c)(19) of the federal internal
14040+(z)(aa) "Match-fixing" means to arrange or determine any action that
14041+occurs during a sporting event, including, but not limited to, any action
14042+resulting in the final outcome of such sporting event, for financial gain.
14043+(aa)(bb) "Net electronic gaming machine income" means all cash or
14044+other consideration utilized to play an electronic gaming machine operated
14045+at a racetrack gaming facility, less all cash or other consideration paid out
14046+to winning players as prizes.
14047+(bb)(cc) "Nonprofit fraternal organization" means any organization
14048+within this state that exists for the common benefit, brotherhood or other
14049+interests of its members and is authorized by its written constitution,
14050+charter, articles of incorporation or bylaws to engage in a fraternal, civic or
14051+service purpose within this state and has been determined by the executive
14052+director to be organized and operated as a bona fide fraternal organization
14053+and that has been exempted from the payment of federal income taxes as
14054+provided by section 501(c)(8) or section 501(c)(10) of the federal internal
736014055 revenue code of 1986, as amended, or determined to be organized and
7361-operated as a bona fide nonprofit veterans' organization by the
7362-executive director.
7363-(dd)(ee) "Organization licensee" means the same as defined in
7364-K.S.A. 74-8802, and amendments thereto.
14056+operated as a bona fide nonprofit fraternal organization by the executive
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14100+director.
14101+(cc)(dd) "Nonprofit veterans' organization" means any organization
14102+within this state or any branch, lodge or chapter of a national or state
14103+organization within this state, the membership of which consists
14104+exclusively of individuals who qualify for membership because they were
14105+or are members of the armed services or forces of the United States, or an
14106+auxiliary unit or society of such a nonprofit veterans' organization, the
14107+membership of which consists exclusively of individuals who were or are
14108+members of the armed services or forces of the United States, or are
14109+cadets, or are spouses, widows or widowers of individuals who were or are
14110+members of the armed services or forces of the United States, and of
14111+which no part of the net earnings inures to the benefit of any private
14112+shareholder or individual member of such organization, and has been
14113+determined by the executive director to be organized and operated as a
14114+bona fide veterans' organization and that has been exempted from the
14115+payment of federal income taxes as provided by section 501(c)(4) or
14116+501(c)(19) of the federal internal revenue code of 1986, as amended, or
14117+determined to be organized and operated as a bona fide nonprofit veterans'
14118+organization by the executive director.
14119+(dd)(ee) "Organization licensee" means the same as defined in K.S.A.
14120+74-8802, and amendments thereto.
736514121 (ee)(ff) "Parimutuel licensee" means a facility owner licensee or
736614122 facility manager licensee under the Kansas parimutuel racing act.
7367-(ff)(gg) "Parimutuel licensee location" means a racetrack facility,
7368-as defined in K.S.A. 74-8802, and amendments thereto, owned or
7369-managed by the parimutuel licensee. A parimutuel licensee location
7370-includes any existing structure at such racetrack facility or any structure
7371-that may be constructed on real estate where such racetrack facility is
7372-located.
14123+(ff)(gg) "Parimutuel licensee location" means a racetrack facility, as
14124+defined in K.S.A. 74-8802, and amendments thereto, owned or managed
14125+by the parimutuel licensee. A parimutuel licensee location includes any
14126+existing structure at such racetrack facility or any structure that may be
14127+constructed on real estate where such racetrack facility is located.
737314128 (gg)(hh) "Person" means any natural person, association, limited
737414129 liability company, corporation or partnership.
737514130 (hh)(ii) "Primary facility" means the stadium or arena where a
7376-professional sports team hosts competitive games in accordance with
7377-such team's league rules.
14131+professional sports team hosts competitive games in accordance with such
14132+team's league rules.
737814133 (ii)(jj) "Prize" means any prize paid directly by the Kansas lottery
737914134 pursuant to the Kansas lottery act or the Kansas expanded lottery act or
738014135 any rules and regulations adopted pursuant to either act.
738114136 (jj)(kk) "Professional sports team" means an athletic team, whose
738214137 primary facility is located in Kansas, that operates at the major league
738314138 level in the sport of baseball, basketball, football, ice hockey or soccer.
7384-(kk)(ll) "Progressive electronic game" means a game played on an SENATE BILL No. 491—page 126
7385-electronic gaming machine for which the payoff increases uniformly as
7386-the game is played and for which the jackpot, determined by
7387-application of a formula to the income of independent, local or
7388-interlinked electronic gaming machines, may be won.
14139+(kk)(ll) "Progressive electronic game" means a game played on an
14140+electronic gaming machine for which the payoff increases uniformly as the
14141+game is played and for which the jackpot, determined by application of a
14142+formula to the income of independent, local or interlinked electronic
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14185+43 SB 491 166
14186+gaming machines, may be won.
738914187 (ll)(mm) "Racetrack gaming facility" means that portion of a
739014188 parimutuel licensee location where electronic gaming machines are
739114189 operated, managed and maintained.
7392-(mm)(nn) "Racetrack gaming facility management contract"
7393-means an agreement between the Kansas lottery and a racetrack gaming
7394-facility manager, negotiated and signed by the executive director on
7395-behalf of the state, for placement of electronic gaming machines owned
7396-and operated by the state at a racetrack gaming facility.
14190+(mm)(nn) "Racetrack gaming facility management contract" means
14191+an agreement between the Kansas lottery and a racetrack gaming facility
14192+manager, negotiated and signed by the executive director on behalf of the
14193+state, for placement of electronic gaming machines owned and operated by
14194+the state at a racetrack gaming facility.
739714195 (nn)(oo) "Racetrack gaming facility manager" means a parimutuel
7398-licensee specifically certified by the Kansas lottery to become a
7399-certified racetrack gaming facility manager and offer electronic gaming
7400-machines for play at the racetrack gaming facility.
7401-(oo)(pp) "Returned ticket" means any ticket that was transferred to
7402-a lottery retailer, that was not sold by the lottery retailer and that was
14196+licensee specifically certified by the Kansas lottery to become a certified
14197+racetrack gaming facility manager and offer electronic gaming machines
14198+for play at the racetrack gaming facility.
14199+(oo)(pp) "Returned ticket" means any ticket that was transferred to a
14200+lottery retailer, that was not sold by the lottery retailer and that was
740314201 returned to the Kansas lottery for refund by issuance of a credit or
740414202 otherwise.
7405-(pp)(qq) "Share" means any intangible manifestation authorized
7406-by the Kansas lottery to prove participation in a lottery game, except as
14203+(pp)(qq) "Share" means any intangible manifestation authorized by
14204+the Kansas lottery to prove participation in a lottery game, except as
740714205 provided by the Kansas expanded lottery act.
740814206 (qq)(rr) "Sports governing body" means the organization that
7409-prescribes the final rules and enforces codes of conduct with respect to
7410-a sporting event and the participants in such event.
14207+prescribes the final rules and enforces codes of conduct with respect to a
14208+sporting event and the participants in such event.
741114209 (rr)(ss) (1) "Sporting event" means any professional or collegiate
741214210 sport or athletic event, motor race event or any other special event
7413-authorized by the commission that has not occurred at the time wagers
7414-are placed on such event.
14211+authorized by the commission that has not occurred at the time wagers are
14212+placed on such event.
741514213 (2) The term "sporting event" does not include:
741614214 (A) Any horse race that is subject to the provisions of the Kansas
741714215 parimutuel racing act, K.S.A. 74-8801 et seq., and amendments thereto;
741814216 (B) any greyhound race; or
7419-(C) any sporting or athletic event where a majority of the
7420-participants are less than 18 years of age.
7421-(ss)(tt) (1) "Sports wagering" means placing a wager or bet on one
7422-or more sporting events, or any portion thereof, or on the individual
14217+(C) any sporting or athletic event where a majority of the participants
14218+are less than 18 years of age.
14219+(ss)(tt) (1) "Sports wagering" means placing a wager or bet on one or
14220+more sporting events, or any portion thereof, or on the individual
742314221 performance statistics of athletes participating in a sporting event, or
7424-combination of sporting events, by any system or method of wagering
7425-at or through a lottery gaming facility, including through an interactive
7426-sports wagering platform. "Sports wagering" includes, but is not limited
7427-to, single game wagers, teaser wagers, parlays, over-under wagers,
7428-moneyline wagers, pools, exchange wagering, in-game wagers, in-play
7429-wagers, proposition wagers, straight wagers and such other wagers
7430-approved by the commission.
14222+combination of sporting events, by any system or method of wagering at or
14223+through a lottery gaming facility, including through an interactive sports
14224+wagering platform. "Sports wagering" includes, but is not limited to, single
14225+game wagers, teaser wagers, parlays, over-under wagers, moneyline
14226+wagers, pools, exchange wagering, in-game wagers, in-play wagers,
14227+proposition wagers, straight wagers and such other wagers approved by the
14228+commission.
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743114272 (2) The term "sports wagering" shall not include:
743214273 (A) Parimutuel wagering, as defined in K.S.A. 74-8802, and
743314274 amendments thereto; or
743414275 (B) fantasy sports leagues, as defined in K.S.A. 21-6403, and
743514276 amendments thereto.
743614277 (tt)(uu) "Sports wagering revenues" means wagering revenue
7437-generated from sports wagering that is an amount equal to the total
7438-wagers less any voided wagers, federal excise taxes, free plays or other
14278+generated from sports wagering that is an amount equal to the total wagers
14279+less any voided wagers, federal excise taxes, free plays or other
743914280 promotional credits and any amounts paid as prizes.
7440-(uu)(vv) "Sports wagering supplier" means a person providing
7441-goods, services, software or any other components necessary for the
14281+(uu)(vv) "Sports wagering supplier" means a person providing goods,
14282+services, software or any other components necessary for the
744214283 determination of the odds or the outcomes of any wager on a sporting
7443-event, directly or indirectly, to a lottery gaming facility manager, SENATE BILL No. 491—page 127
7444-including data feeds and odds services, that is licensed under K.S.A.
7445-2023 Supp. 74-8783, and amendments thereto.
7446-(vv)(ww) "Ticket" means any tangible evidence issued by the
7447-Kansas lottery to prove participation in a lottery game, including a
7448-sports wager, other than a lottery facility game.
7449-(ww)(xx) "Token" means a representative of value, of metal or
7450-other material, that is not legal tender, redeemable for cash only by the
7451-issuing lottery gaming facility manager or racetrack gaming facility
7452-manager and that is issued and sold by a lottery gaming facility
7453-manager or racetrack gaming facility manager for the sole purpose of
7454-playing an electronic gaming machine or lottery facility game.
14284+event, directly or indirectly, to a lottery gaming facility manager, including
14285+data feeds and odds services, that is licensed under K.S.A. 2023 Supp. 74-
14286+8783, and amendments thereto.
14287+(vv)(ww) "Ticket" means any tangible evidence issued by the Kansas
14288+lottery to prove participation in a lottery game, including a sports wager,
14289+other than a lottery facility game.
14290+(ww)(xx) "Token" means a representative of value, of metal or other
14291+material, that is not legal tender, redeemable for cash only by the issuing
14292+lottery gaming facility manager or racetrack gaming facility manager and
14293+that is issued and sold by a lottery gaming facility manager or racetrack
14294+gaming facility manager for the sole purpose of playing an electronic
14295+gaming machine or lottery facility game.
745514296 (xx)(yy) "Vendor" means any person who has entered into a major
745614297 procurement contract with the Kansas lottery.
745714298 (yy)(zz) "Video lottery machine" means any electronic video game
745814299 machine that, upon insertion of cash, is available to play or simulate the
745914300 play of a video game authorized by the commission, including, but not
746014301 limited to, bingo, poker, black jack and keno, and which uses a video
746114302 display and microprocessors and in which, by chance, the player may
746214303 receive free games or credits that can be redeemed for cash.
7463-(zz)(aaa) "Wager" or "bet" means a bargain in which the parties
7464-agree that, dependent upon chance, one stands to win or lose something
7465-of value specified in the agreement.
14304+(zz)(aaa) "Wager" or "bet" means a bargain in which the parties agree
14305+that, dependent upon chance, one stands to win or lose something of value
14306+specified in the agreement.
746614307 Sec. 74. K.S.A. 74-8704 is hereby amended to read as follows: 74-
746714308 8704. (a) The executive director shall have the power to:
746814309 (1) Supervise and administer the operation of the state lottery in
7469-accordance with the provisions of this act and such rules and
7470-regulations as adopted hereunder.
14310+accordance with the provisions of this act and such rules and regulations as
14311+adopted hereunder.
747114312 (2) Appoint, subject to the Kansas civil service act and within the
747214313 limitations of appropriations therefor, all other employees of the Kansas
7473-lottery, which employees shall be in the classified service unless
7474-otherwise specifically provided by this act.
14314+lottery, which employees shall be in the classified service unless otherwise
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14358+specifically provided by this act.
747514359 (3) Enter into contracts for advertising and promotional services,
747614360 subject to the provisions of subsection (b); annuities or other methods
7477-deemed appropriate for the payment of prizes; data processing and
7478-other technical products, equipment and services; and facilities as
7479-needed to operate the Kansas lottery, including, but not limited to,
7480-gaming equipment, tickets and other services involved in major
7481-procurement contracts, in accordance with K.S.A. 74-8705, and
7482-amendments thereto.
7483-(4) Enter into contracts with persons for the sale of lottery tickets
7484-or shares to the public, as provided by this act and rules and regulations
14361+deemed appropriate for the payment of prizes; data processing and other
14362+technical products, equipment and services; and facilities as needed to
14363+operate the Kansas lottery, including, but not limited to, gaming
14364+equipment, tickets and other services involved in major procurement
14365+contracts, in accordance with K.S.A. 74-8705, and amendments thereto.
14366+(4) Enter into contracts with persons for the sale of lottery tickets or
14367+shares to the public, as provided by this act and rules and regulations
748514368 adopted pursuant to this act, which contracts shall not be subject to the
7486-provisions of K.S.A. 75-3738 through 75-3744, and amendments
7487-thereto.
7488-(5) Require lottery retailers to furnish proof of financial stability
7489-or furnish surety in an amount based upon the expected volume of sales
7490-of lottery tickets or shares.
7491-(6) Examine, or cause to be examined by any agent or
7492-representative designated by the executive director, any books, papers,
7493-records or memoranda of any lottery retailer for the purpose of
7494-ascertaining compliance with the provisions of this act or rules and
7495-regulations adopted hereunder.
7496-(7) Issue subpoenas to compel access to or for the production of
7497-any books, papers, records or memoranda in the custody or control of
7498-any lottery retailer, or to compel the appearance of any lottery retailer
7499-or employee of any lottery retailer, for the purpose of ascertaining
7500-compliance with the provisions of this act or rules and regulations
7501-adopted hereunder. Subpoenas issued under the provisions of this
7502-subsection may be served upon natural persons and corporations in the SENATE BILL No. 491—page 128
7503-manner provided in K.S.A. 60-304, and amendments thereto, for the
7504-service of process by any officer authorized to serve subpoenas in civil
7505-actions or by the executive director or an agent or representative
7506-designated by the executive director. In the case of the refusal of any
7507-person to comply with any such subpoena, the executive director may
7508-make application to the district court of any county where such books,
7509-papers, records, memoranda or person is located for an order to comply.
14369+provisions of K.S.A. 75-3738 through 75-3744, and amendments thereto.
14370+(5) Require lottery retailers to furnish proof of financial stability or
14371+furnish surety in an amount based upon the expected volume of sales of
14372+lottery tickets or shares.
14373+(6) Examine, or cause to be examined by any agent or representative
14374+designated by the executive director, any books, papers, records or
14375+memoranda of any lottery retailer for the purpose of ascertaining
14376+compliance with the provisions of this act or rules and regulations adopted
14377+hereunder.
14378+(7) Issue subpoenas to compel access to or for the production of any
14379+books, papers, records or memoranda in the custody or control of any
14380+lottery retailer, or to compel the appearance of any lottery retailer or
14381+employee of any lottery retailer, for the purpose of ascertaining
14382+compliance with the provisions of this act or rules and regulations adopted
14383+hereunder. Subpoenas issued under the provisions of this subsection may
14384+be served upon natural persons and corporations in the manner provided in
14385+K.S.A. 60-304, and amendments thereto, for the service of process by any
14386+officer authorized to serve subpoenas in civil actions or by the executive
14387+director or an agent or representative designated by the executive director.
14388+In the case of the refusal of any person to comply with any such subpoena,
14389+the executive director may make application to the district court of any
14390+county where such books, papers, records, memoranda or person is located
14391+for an order to comply.
751014392 (8) Administer oaths and take depositions to the same extent and
7511-subject to the same limitations as would apply if the deposition were in
7512-aid of a civil action in the district court.
7513-(9) Require fingerprinting of employees and such other persons
7514-who work in sensitive areas within the lottery as deemed appropriate by
7515-the director in accordance with section 2, and amendments thereto. The
14393+subject to the same limitations as would apply if the deposition were in aid
14394+of a civil action in the district court.
14395+(9) Require fingerprinting of employees and such other persons who
14396+work in sensitive areas within the lottery as deemed appropriate by the
14397+director in accordance with section 2, and amendments thereto. The
751614398 director may submit such fingerprints to the Kansas bureau of
7517-investigation and to the federal bureau of investigation for the purposes
7518-of verifying the identity of such employees and persons and obtaining
7519-records of their criminal arrests and convictions.
7520-(b) The Kansas lottery shall not engage in on-site display
7521-advertising or promotion of the lottery at any amateur athletic or
7522-sporting event where the majority of participating athletes are under the
7523-age of 18, including, but not limited to, events under the jurisdiction
7524-and control of the Kansas state high school activities association.
14399+investigation and to the federal bureau of investigation for the purposes of
14400+verifying the identity of such employees and persons and obtaining records
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14444+of their criminal arrests and convictions.
14445+(b) The Kansas lottery shall not engage in on-site display advertising
14446+or promotion of the lottery at any amateur athletic or sporting event where
14447+the majority of participating athletes are under the age of 18, including, but
14448+not limited to, events under the jurisdiction and control of the Kansas state
14449+high school activities association.
752514450 Sec. 75. K.S.A. 74-8705 is hereby amended to read as follows: 74-
752614451 8705. (a) Major procurement contracts shall be awarded in accordance
752714452 with K.S.A. 75-3738 through 75-3744, and amendments thereto, or
752814453 subsection (b), as determined by the director, except that:
7529-(1) The contract or contracts for the initial lease of facilities for
7530-the Kansas lottery shall be awarded upon the evaluation and approval
7531-of the director, the secretary of administration and the director of
7532-architectural services;
14454+(1) The contract or contracts for the initial lease of facilities for the
14455+Kansas lottery shall be awarded upon the evaluation and approval of the
14456+director, the secretary of administration and the director of architectural
14457+services;
753314458 (2) The commission shall designate certain major procurement
7534-contracts or portions thereof to be awarded, in accordance with rules
7535-and regulations of the commission, solely to minority business
7536-enterprises.
14459+contracts or portions thereof to be awarded, in accordance with rules and
14460+regulations of the commission, solely to minority business enterprises.
753714461 (b) (1) The director may award any major procurement contract by
753814462 use of a procurement negotiating committee. Such committee shall be
753914463 composed of:
754014464 (1) (A) The executive director or a Kansas lottery employee
754114465 designated by the executive director;
7542-(2) (B) the chairperson of the commission or a commission
7543-member designated by the chairperson; and
14466+(2) (B) the chairperson of the commission or a commission member
14467+designated by the chairperson; and
754414468 (3) (C) the director of the division of purchases or an employee of
754514469 such division designated by the director.
7546-(2) Prior to negotiating a major procurement contract, the
7547-committee shall solicit bids or proposals thereon. The division of
7548-purchases shall provide staff support for the committee's solicitations.
7549-Upon receipt of bids or proposals, the committee may negotiate with
7550-one or more of the persons submitting such bids or proposals and select
7551-from among such persons the person to whom the contract is awarded.
7552-Such procurements shall be open and competitive and shall consider
7553-relevant factors, including security, competence, experience, timely
7554-performance and maximization of net revenues to the state. If a
7555-procurement negotiating committee is utilized, the provisions of K.S.A.
7556-75-3738 through 75-3744, and amendments thereto, shall not apply.
7557-Meetings conducted by the procurement negotiating committee shall be
7558-exempt from the provisions of the Kansas open meeting act, K.S.A. 75-
7559-4317 through 75-4320c, and amendments thereto.
7560-(c) (1) Before a major procurement contract is awarded, the
7561-executive director shall fingerprint and conduct a background SENATE BILL No. 491—page 129
7562-investigation state criminal history record check in accordance with
7563-section 3, and amendments thereto, of:
14470+(2) Prior to negotiating a major procurement contract, the committee
14471+shall solicit bids or proposals thereon. The division of purchases shall
14472+provide staff support for the committee's solicitations. Upon receipt of bids
14473+or proposals, the committee may negotiate with one or more of the persons
14474+submitting such bids or proposals and select from among such persons the
14475+person to whom the contract is awarded. Such procurements shall be open
14476+and competitive and shall consider relevant factors, including security,
14477+competence, experience, timely performance and maximization of net
14478+revenues to the state. If a procurement negotiating committee is utilized,
14479+the provisions of K.S.A. 75-3738 through 75-3744, and amendments
14480+thereto, shall not apply. Meetings conducted by the procurement
14481+negotiating committee shall be exempt from the provisions of the Kansas
14482+open meeting act, K.S.A. 75-4317 through 75-4320c, and amendments
14483+thereto.
14484+(c) (1) Before a major procurement contract is awarded, the executive
14485+director shall fingerprint and conduct a background investigation state
14486+criminal history record check in accordance with section 3, and
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14530+amendments thereto, of:
756414531 (1) (A) The vendor to whom the contract is to be awarded;
756514532 (2) (B) all officers and directors of such vendor;
756614533 (3) (C) all persons who own a 5% or more interest in such vendor;
7567-(4) (D) all persons who own a controlling interest in such vendor;
7568-and
7569-(5) (E) any subsidiary or other business in which such vendor
7570-owns a controlling interest.
7571-(2) The vendor shall submit appropriate investigation
7572-authorizations to facilitate such investigation. The executive director
7573-may require, in accordance with rules and regulations of the
7574-commission, that a vendor submit any additional information
7575-considered appropriate to preserve the integrity and security of the
7576-lottery. In addition, the executive director may conduct a background
7577-investigation of any person having a beneficial interest in a vendor. The
7578-secretary of revenue, securities commissioner, attorney general and
7579-director of the Kansas bureau of investigation shall assist in any
7580-investigation pursuant to this subsection upon request of the executive
7581-director. Whenever the secretary of revenue, securities commissioner,
7582-attorney general or director of the Kansas bureau of investigation
7583-assists in such an investigation and incurs costs in addition to those
7584-attributable to the operations of the office or bureau, such additional
14534+(4) (D) all persons who own a controlling interest in such vendor; and
14535+(5) (E) any subsidiary or other business in which such vendor owns a
14536+controlling interest.
14537+(2) The vendor shall submit appropriate investigation authorizations
14538+to facilitate such investigation. The executive director may require, in
14539+accordance with rules and regulations of the commission, that a vendor
14540+submit any additional information considered appropriate to preserve the
14541+integrity and security of the lottery. In addition, the executive director may
14542+conduct a background investigation of any person having a beneficial
14543+interest in a vendor. The secretary of revenue, securities commissioner,
14544+attorney general and director of the Kansas bureau of investigation shall
14545+assist in any investigation pursuant to this subsection upon request of the
14546+executive director. Whenever the secretary of revenue, securities
14547+commissioner, attorney general or director of the Kansas bureau of
14548+investigation assists in such an investigation and incurs costs in addition to
14549+those attributable to the operations of the office or bureau, such additional
758514550 costs shall be paid by the Kansas lottery. The furnishing of assistance in
7586-such an investigation shall be a transaction between the Kansas lottery
7587-and the respective officer and shall be settled in accordance with
7588-K.S.A. 75-5516, and amendments thereto.
14551+such an investigation shall be a transaction between the Kansas lottery and
14552+the respective officer and shall be settled in accordance with K.S.A. 75-
14553+5516, and amendments thereto.
758914554 (3) Upon the request of the chairperson, the Kansas bureau of
759014555 investigation and other criminal justice agencies shall provide to the
7591-chairperson all background investigation information including
7592-criminal history record information, arrest and nonconviction data,
7593-criminal intelligence information and information relating to criminal
7594-and background investigations of a vendor to whom a major
7595-procurement contract is to be awarded in accordance with section 2,
7596-and amendments thereto. Such information, other than conviction data,
7597-shall be confidential and shall not be disclosed, except as provided in
7598-this section. In addition to any other penalty provided by law,
7599-disclosure of such information shall be grounds for removal from office
7600-or termination of employment.
14556+chairperson all background investigation information including criminal
14557+history record information, arrest and nonconviction data, criminal
14558+intelligence information and information relating to criminal and
14559+background investigations of a vendor to whom a major procurement
14560+contract is to be awarded in accordance with section 2, and amendments
14561+thereto. Such information, other than conviction data, shall be confidential
14562+and shall not be disclosed, except as provided in this section. In addition to
14563+any other penalty provided by law, disclosure of such information shall be
14564+grounds for removal from office or termination of employment.
760114565 (d) All major procurement contracts shall be subject to approval of
760214566 the commission.
7603-(e) The executive director shall not agree to any renewal or
7604-extension of a major procurement contract unless such extension or
7605-renewal is awarded in the manner provided by this section.
14567+(e) The executive director shall not agree to any renewal or extension
14568+of a major procurement contract unless such extension or renewal is
14569+awarded in the manner provided by this section.
760614570 Sec. 76. K.S.A. 74-8763 is hereby amended to read as follows: 74-
7607-8763. Each person subject to a background check pursuant to the
7608-Kansas expanded lottery act and section 3, and amendments thereto,
7609-shall be subject to a state and national criminal history records check
7610-which that conforms to applicable federal standards for the purpose of
7611-verifying the identity of the applicant and whether the person has been
7612-convicted of any crime that would disqualify the person from engaging
7613-in activities pursuant to this act. The executive director is authorized to
7614-use the information obtained from the national criminal history record
7615-check to determine the person's eligibility to engage in such activities.
14571+8763. Each person subject to a background check pursuant to the Kansas
14572+expanded lottery act and section 3, and amendments thereto, shall be
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14616+subject to a state and national criminal history records check which that
14617+conforms to applicable federal standards for the purpose of verifying the
14618+identity of the applicant and whether the person has been convicted of any
14619+crime that would disqualify the person from engaging in activities
14620+pursuant to this act. The executive director is authorized to use the
14621+information obtained from the national criminal history record check to
14622+determine the person's eligibility to engage in such activities.
761614623 Sec. 77. K.S.A. 74-8769 is hereby amended to read as follows: 74-
7617-8769. Each person subject to a background check pursuant to the
7618-Kansas expanded lottery act and section 3, and amendments thereto,
7619-shall be subject to a state and national criminal history records check
7620-which conforms to applicable federal standards for the purpose of SENATE BILL No. 491—page 130
7621-verifying the identity of the applicant and whether the person has been
7622-convicted of any crime that would disqualify the person from engaging
7623-in activities pursuant to this act. The executive director of the Kansas
7624-racing and gaming commission is authorized to use the information
7625-obtained from the national criminal history record check to determine
7626-the person's eligibility to engage in such activities.
14624+8769. Each person subject to a background check pursuant to the Kansas
14625+expanded lottery act and section 3, and amendments thereto, shall be
14626+subject to a state and national criminal history records check which
14627+conforms to applicable federal standards for the purpose of verifying the
14628+identity of the applicant and whether the person has been convicted of any
14629+crime that would disqualify the person from engaging in activities
14630+pursuant to this act. The executive director of the Kansas racing and
14631+gaming commission is authorized to use the information obtained from the
14632+national criminal history record check to determine the person's eligibility
14633+to engage in such activities.
762714634 Sec. 78. K.S.A. 2023 Supp. 74-8802 is hereby amended to read as
7628-follows: 74-8802. As used in the Kansas parimutuel racing act unless
7629-the context otherwise requires:
7630-(a) "Breakage" means the odd cents by which the amount payable
7631-on each dollar wagered exceeds:
7632-(1) A multiple of $.10, for parimutuel pools from races conducted
7633-in this state; and
7634-(2) a multiple of such other number of cents as provided by law of
7635-the host jurisdiction, for interstate combined wagering pools.
7636-(b) "Commission" means the Kansas racing and gaming
7637-commission created by this act.
14635+follows: 74-8802. As used in the Kansas parimutuel racing act unless the
14636+context otherwise requires:
14637+(a) "Breakage" means the odd cents by which the amount payable on
14638+each dollar wagered exceeds:
14639+(1) A multiple of $.10, for parimutuel pools from races conducted in
14640+this state; and
14641+(2) a multiple of such other number of cents as provided by law of the
14642+host jurisdiction, for interstate combined wagering pools.
14643+(b) "Commission" means the Kansas racing and gaming commission
14644+created by this act.
763814645 (c) "Concessionaire licensee" means a person, partnership,
7639-corporation or association licensed by the commission to utilize a space
7640-or privilege within a racetrack facility to sell goods or services.
7641-(d) "Contract" means an agreement, written or oral, between two
7642-or more persons, partnerships, corporations or associations, or any
14646+corporation or association licensed by the commission to utilize a space or
14647+privilege within a racetrack facility to sell goods or services.
14648+(d) "Contract" means an agreement, written or oral, between two or
14649+more persons, partnerships, corporations or associations, or any
764314650 combination thereof that creates an obligation between the parties.
764414651 (e) "Crossover employment" means a situation in which an
7645-occupational licensee is concurrently employed at the same racing
7646-facility by an organization licensee and a facility owner licensee or
7647-facility manager licensee.
7648-(f) "Dual racetrack facility" means a racetrack facility for the
7649-racing of both horses and greyhounds or two immediately adjacent
7650-racetrack facilities, owned by the same licensee, one for racing horses
7651-and one for racing greyhounds.
14652+occupational licensee is concurrently employed at the same racing facility
14653+by an organization licensee and a facility owner licensee or facility
14654+manager licensee.
14655+(f) "Dual racetrack facility" means a racetrack facility for the racing
14656+of both horses and greyhounds or two immediately adjacent racetrack
14657+facilities, owned by the same licensee, one for racing horses and one for
14658+racing greyhounds.
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765214702 (g) "Employee" means a person who has applied for a position of
765314703 employment or is currently employed by the commission.
765414704 (h) "Executive director" means the executive director of the
765514705 commission.
765614706 (h)(i) "Facility manager licensee" means a person, partnership,
765714707 corporation or association licensed by the commission and having a
765814708 contract with an organization licensee to manage a racetrack facility
765914709 located in Sedgwick county.
766014710 (i)(j) "Facility owner licensee" means a person, partnership,
766114711 corporation or association, or the state of Kansas or any political
766214712 subdivision thereof, licensed by the commission to construct or own a
766314713 racetrack facility located in Sedgwick county. "Facility owner licensee"
7664-does not mean an organization licensee that owns the racetrack facility
7665-in which it conducts horse or greyhound racing.
7666-(j)(k) "Fair association" means an association organized pursuant
7667-to K.S.A. 2-125 et seq., and amendments thereto or a nonprofit
7668-association determined by the commission to be otherwise organized to
7669-conduct fair activities pursuant to findings of fact entered by the
7670-commission in a license order.
7671-(k)(l) "Financial interest" means an interest that could result
7672-directly or indirectly in receiving a pecuniary gain or sustaining a
7673-pecuniary loss as a result of ownership or interest in a business entity or
7674-activity or as a result of a salary, gratuity or other compensation or
7675-remuneration from any person.
14714+does not mean an organization licensee that owns the racetrack facility in
14715+which it conducts horse or greyhound racing.
14716+(j)(k) "Fair association" means an association organized pursuant to
14717+K.S.A. 2-125 et seq., and amendments thereto or a nonprofit association
14718+determined by the commission to be otherwise organized to conduct fair
14719+activities pursuant to findings of fact entered by the commission in a
14720+license order.
14721+(k)(l) "Financial interest" means an interest that could result directly
14722+or indirectly in receiving a pecuniary gain or sustaining a pecuniary loss as
14723+a result of ownership or interest in a business entity or activity or as a
14724+result of a salary, gratuity or other compensation or remuneration from any
14725+person.
767614726 (l)(m) "Greyhound" means any greyhound breed of dog properly
767714727 registered with the national greyhound association of Abilene, Kansas.
767814728 (m)(n) "Historical horse race machine" means any electronic,
7679-electromechanical, video or computerized device, contrivance or SENATE BILL No. 491—page 131
7680-machine authorized by the commission that, upon insertion of cash,
7681-tokens, electronic cards or any consideration, is available to accept
7682-wagers on and simulate the running of historical horse races, and that
7683-may deliver or entitle the patron operating the machine to receive cash,
7684-tokens, merchandise or credits that may be redeemed for cash.
7685-Historical horse race machines shall use historically accurate
7686-information of the horse race selected to determine the place of finish
7687-of each horse. No random number generator or other algorithm shall be
7688-used for determining the results of an historical horse race. Historical
7689-horse race machines shall be directly linked to a central computer at a
7690-location determined by the commission for purposes of security,
7691-monitoring and auditing.
14729+electromechanical, video or computerized device, contrivance or machine
14730+authorized by the commission that, upon insertion of cash, tokens,
14731+electronic cards or any consideration, is available to accept wagers on and
14732+simulate the running of historical horse races, and that may deliver or
14733+entitle the patron operating the machine to receive cash, tokens,
14734+merchandise or credits that may be redeemed for cash. Historical horse
14735+race machines shall use historically accurate information of the horse race
14736+selected to determine the place of finish of each horse. No random number
14737+generator or other algorithm shall be used for determining the results of an
14738+historical horse race. Historical horse race machines shall be directly
14739+linked to a central computer at a location determined by the commission
14740+for purposes of security, monitoring and auditing.
769214741 (n)(o) "Horsemen's association" means any association or
769314742 corporation:
769414743 (1) All officers, directors, members and shareholders of which are
769514744 licensed owners of horses or licensed trainers of horses, or both;
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769614788 (2) applying for or has been issued a facility owner license
7697-authorizing ownership of Eureka Downs, Anthony Downs or a
7698-racetrack facility on or adjacent to premises used by a fair association
7699-to conduct fair activities; and
7700-(3) none of the officers, directors, members or shareholders of
7701-which holds another facility owner license or is an officer, director,
7702-member or shareholder of another facility owner licensee.
14789+authorizing ownership of Eureka Downs, Anthony Downs or a racetrack
14790+facility on or adjacent to premises used by a fair association to conduct fair
14791+activities; and
14792+(3) none of the officers, directors, members or shareholders of which
14793+holds another facility owner license or is an officer, director, member or
14794+shareholder of another facility owner licensee.
770314795 (o)(p) "Horsemen's nonprofit organization" means any nonprofit
770414796 organization:
770514797 (1) All officers, directors, members or shareholders of which are
770614798 licensed owners of horses or licensed trainers of horses, or both; and
770714799 (2) applying for or has been issued an organization license
7708-authorizing the conduct of horse races at Eureka Downs, Anthony
7709-Downs or a racetrack facility on or adjacent to premises used by a fair
7710-association to conduct fair activities.
7711-(p)(q) "Host facility" means the racetrack at which the race is run
7712-or, if the race is run in a jurisdiction that is not participating in the
7713-interstate combined wagering pool, the racetrack or other facility that is
7714-designated as the host facility.
14800+authorizing the conduct of horse races at Eureka Downs, Anthony Downs
14801+or a racetrack facility on or adjacent to premises used by a fair association
14802+to conduct fair activities.
14803+(p)(q) "Host facility" means the racetrack at which the race is run or,
14804+if the race is run in a jurisdiction that is not participating in the interstate
14805+combined wagering pool, the racetrack or other facility that is designated
14806+as the host facility.
771514807 (q)(r) "Host jurisdiction" means the jurisdiction where the host
771614808 facility is located.
7717-(r)(s) "Interstate combined wagering pool" means a parimutuel
7718-pool established in one jurisdiction that is combined with comparable
7719-parimutuel pools from one or more racing jurisdictions for the purpose
7720-of establishing the amount of money returned on a successful wager in
7721-the participating jurisdictions.
7722-(s)(t) "Intertrack wagering" means wagering on a simulcast race at
7723-a licensed racetrack facility or at a facility that is licensed in its racing
14809+(r)(s) "Interstate combined wagering pool" means a parimutuel pool
14810+established in one jurisdiction that is combined with comparable
14811+parimutuel pools from one or more racing jurisdictions for the purpose of
14812+establishing the amount of money returned on a successful wager in the
14813+participating jurisdictions.
14814+(s)(t) "Intertrack wagering" means wagering on a simulcast race at a
14815+licensed racetrack facility or at a facility that is licensed in its racing
772414816 jurisdiction to conduct live races.
7725-(t)(u) "Intrastate combined wagering pool" means a parimutuel
7726-pool that is combined with comparable parimutuel pools from one or
7727-more racetrack facilities for the purpose of establishing the amount of
7728-money returned on a successful wager at the participating racetrack
7729-facilities.
7730-(u)(v) "Kansas-whelped greyhound" means a greyhound whelped
7731-and raised in Kansas for the first six months of its life.
7732-(v)(w) "Licensee" means a person who has submitted an
7733-application for licesure or currently holds a license issued by the
7734-commission.
7735-(x) "Minus pool" means a parimutuel pool in which, after
7736-deducting the takeout, not enough money remains in the pool to pay the
7737-legally prescribed minimum return to those placing winning wagers,
7738-and in which the organization licensee would be required to pay the SENATE BILL No. 491—page 132
7739-remaining amount due.
14817+(t)(u) "Intrastate combined wagering pool" means a parimutuel pool
14818+that is combined with comparable parimutuel pools from one or more
14819+racetrack facilities for the purpose of establishing the amount of money
14820+returned on a successful wager at the participating racetrack facilities.
14821+(u)(v) "Kansas-whelped greyhound" means a greyhound whelped and
14822+raised in Kansas for the first six months of its life.
14823+(v)(w) "Licensee" means a person who has submitted an application
14824+for licesure or currently holds a license issued by the commission.
14825+(x) "Minus pool" means a parimutuel pool in which, after deducting
14826+the takeout, not enough money remains in the pool to pay the legally
14827+prescribed minimum return to those placing winning wagers, and in which
14828+the organization licensee would be required to pay the remaining amount
14829+due.
774014830 (w)(y) "Nonprofit organization" means:
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774114874 (1) A corporation that is incorporated in Kansas as a not-for-profit
774214875 corporation pursuant to the Kansas general corporation code and the net
7743-earnings of which do not inure to the benefit of any shareholder,
7744-individual member or person; or
14876+earnings of which do not inure to the benefit of any shareholder, individual
14877+member or person; or
774514878 (2) a fair association.
774614879 (x)(z) "Occupation licensee" means a person licensed by the
774714880 commission to perform an occupation or provide services that the
774814881 commission has identified as requiring a license pursuant to this act.
7749-(y)(aa) "Off-track wagering" means wagering on a simulcast race
7750-at a facility that is not licensed in its jurisdiction to conduct live races.
14882+(y)(aa) "Off-track wagering" means wagering on a simulcast race at a
14883+facility that is not licensed in its jurisdiction to conduct live races.
775114884 (z)(bb) "Organization licensee" means a nonprofit organization
7752-licensed by the commission to conduct races pursuant to this act and, if
7753-the license so provides, to construct or own a racetrack facility.
14885+licensed by the commission to conduct races pursuant to this act and, if the
14886+license so provides, to construct or own a racetrack facility.
775414887 (aa)(cc) "Parimutuel pool" means the total money wagered by
7755-individuals on one or more horses or greyhounds in a particular horse
7756-or greyhound race to win, place or show, or combinations thereof, as
7757-established by the commission, and, except in the case of an interstate
7758-or intrastate combined wagering pool, held by the organization licensee
14888+individuals on one or more horses or greyhounds in a particular horse or
14889+greyhound race to win, place or show, or combinations thereof, as
14890+established by the commission, and, except in the case of an interstate or
14891+intrastate combined wagering pool, held by the organization licensee
775914892 pursuant to the parimutuel system of wagering. There is a separate
776014893 parimutuel pool for win, for place, for show and for each of the other
776114894 forms of betting provided for by the rules and regulations of the
776214895 commission.
776314896 (bb)(dd) "Parimutuel wagering" means a form of wagering on the
776414897 outcome of horse and greyhound races, including historical horse races
7765-conducted by an historical horse race machine, in which those who
7766-wager purchase tickets of various denominations on one or more horses
7767-or greyhounds and all wagers for each race are pooled and the winning
7768-ticket holders are paid prizes from such pool in amounts proportional to
7769-the total receipts in the pool.
14898+conducted by an historical horse race machine, in which those who wager
14899+purchase tickets of various denominations on one or more horses or
14900+greyhounds and all wagers for each race are pooled and the winning ticket
14901+holders are paid prizes from such pool in amounts proportional to the total
14902+receipts in the pool.
777014903 (cc)(ee) "Race meeting" means one or more periods of racing days
777114904 during a calendar year designated by the commission for which an
777214905 organization licensee has been approved by the commission to hold live
777314906 horse or greyhound races or simulcast horse races at which parimutuel
7774-wagering is conducted, including such additional time as designated by
7775-the commission for the conduct of official business before and after the
7776-races.
7777-(dd)(ff) "Racetrack facility" means a racetrack within Kansas used
7778-for the racing of horses or greyhounds, or both, including the track
7779-surface, grandstands, clubhouse, all animal housing and handling areas,
7780-other areas in which a person may enter only upon payment of an
7781-admission fee or upon presentation of authorized credentials and such
7782-additional areas as designated by the commission. The term "racetrack
7783-facility" includes a facility used for the display of and wagering on
7784-simulcast races and the operation of historical horse race machines
7785-without any live horse or greyhound races being conducted.
7786-(ee)(gg) "Racing jurisdiction" or "jurisdiction" means a
7787-governmental authority that is responsible for the regulation of live or
7788-simulcast racing in its jurisdiction.
7789-(ff)(hh) "Racing or wagering equipment or services licensee"
7790-means any person, partnership, corporation or association licensed by
7791-the commission to provide integral racing or wagering equipment or
7792-services, as designated by the commission, to an organization licensee.
14907+wagering is conducted, including such additional time as designated by the
14908+commission for the conduct of official business before and after the races.
14909+(dd)(ff) "Racetrack facility" means a racetrack within Kansas used for
14910+the racing of horses or greyhounds, or both, including the track surface,
14911+grandstands, clubhouse, all animal housing and handling areas, other areas
14912+in which a person may enter only upon payment of an admission fee or
14913+upon presentation of authorized credentials and such additional areas as
14914+designated by the commission. The term "racetrack facility" includes a
14915+facility used for the display of and wagering on simulcast races and the
14916+operation of historical horse race machines without any live horse or
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14959+43 SB 491 175
14960+greyhound races being conducted.
14961+(ee)(gg) "Racing jurisdiction" or "jurisdiction" means a governmental
14962+authority that is responsible for the regulation of live or simulcast racing in
14963+its jurisdiction.
14964+(ff)(hh) "Racing or wagering equipment or services licensee" means
14965+any person, partnership, corporation or association licensed by the
14966+commission to provide integral racing or wagering equipment or services,
14967+as designated by the commission, to an organization licensee.
779314968 (gg)(ii) "Recognized greyhound owners' group" means the duly
7794-recognized group elected in accordance with rules and regulations of
7795-the commission by a majority of the Kansas licensed greyhound owners
7796-at the racetrack facility voting in the election. The commission may
7797-designate an organization such as the national greyhound association of SENATE BILL No. 491—page 133
7798-Abilene, Kansas, to conduct the election.
7799-(hh)(jj) "Recognized horsemen's group" means the duly
7800-recognized group, representing the breeds of horses running at a
7801-racetrack facility, elected in accordance with rules and regulations of
7802-the commission by a majority of the licensed owners and trainers at the
7803-racetrack facility voting in the election. If the licensee does not have a
7804-recognized horsemen's group, the commission shall designate as the
7805-recognized horsemen's group one that serves another organization
7806-licensee, but not one that serves a fair association organization licensee.
7807-(ii)(kk) "Simulcast" means a live audio-visual broadcast of an
7808-actual horse race at the time it is run.
14969+recognized group elected in accordance with rules and regulations of the
14970+commission by a majority of the Kansas licensed greyhound owners at the
14971+racetrack facility voting in the election. The commission may designate an
14972+organization such as the national greyhound association of Abilene,
14973+Kansas, to conduct the election.
14974+(hh)(jj) "Recognized horsemen's group" means the duly recognized
14975+group, representing the breeds of horses running at a racetrack facility,
14976+elected in accordance with rules and regulations of the commission by a
14977+majority of the licensed owners and trainers at the racetrack facility voting
14978+in the election. If the licensee does not have a recognized horsemen's
14979+group, the commission shall designate as the recognized horsemen's group
14980+one that serves another organization licensee, but not one that serves a fair
14981+association organization licensee.
14982+(ii)(kk) "Simulcast" means a live audio-visual broadcast of an actual
14983+horse race at the time it is run.
780914984 (jj)(ll) "Takeout" means the total amount of money withheld from
7810-each parimutuel pool for the payment of purses, taxes and the share to
7811-be kept by the organization licensee. Takeout does not include the
7812-breakage. The balance of each pool less the breakage is distributed to
7813-the holders of winning parimutuel tickets.
14985+each parimutuel pool for the payment of purses, taxes and the share to be
14986+kept by the organization licensee. Takeout does not include the breakage.
14987+The balance of each pool less the breakage is distributed to the holders of
14988+winning parimutuel tickets.
781414989 Sec. 79. K.S.A. 74-8803 is hereby amended to read as follows: 74-
781514990 8803. (a) There is hereby created the Kansas racing and gaming
781614991 commission, consisting of five members who shall be appointed by the
7817-governor, subject to confirmation by the senate as provided by K.S.A.
7818-75-4315b, and amendments thereto. Except as provided by K.S.A. 46-
7819-2601, and amendments thereto, no person appointed to the commission
7820-shall exercise any power, duty or function as a member of the
7821-commission until confirmed by the senate.
7822-(b) Before appointing any person as a member of the commission,
7823-the governor shall cause the Kansas bureau of investigation to conduct
7824-a criminal history record check and background investigation of the
7825-person in accordance with section 3, and amendments thereto.
14992+governor, subject to confirmation by the senate as provided by K.S.A. 75-
14993+4315b, and amendments thereto. Except as provided by K.S.A. 46-2601,
14994+and amendments thereto, no person appointed to the commission shall
14995+exercise any power, duty or function as a member of the commission until
14996+confirmed by the senate.
14997+(b) Before appointing any person as a member of the commission, the
14998+governor shall cause the Kansas bureau of investigation to conduct a
14999+criminal history record check and background investigation of the person
15000+in accordance with section 3, and amendments thereto.
782615001 (c) The members of the commission shall meet the following
782715002 qualifications:
7828-(1) Each member shall be a citizen of the United States and an
7829-actual resident of Kansas at the time of appointment and during such
7830-member's term of office with the commission;
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15046+(1) Each member shall be a citizen of the United States and an actual
15047+resident of Kansas at the time of appointment and during such member's
15048+term of office with the commission;
783115049 (2) each member shall have been a resident of Kansas for a
783215050 continuous period of not less than five years immediately preceding
783315051 appointment to the commission; and
7834-(3) no member shall have been convicted of a felony under the
7835-laws of any state or of the United States at any time prior to
7836-appointment or during such member's term of office with the
7837-commission.
7838-(d) The governor shall make appointments to the commission in
7839-such a manner that:
7840-(1) Not more than three members belong to the same political
7841-party at the time of appointment and during their terms of office with
7842-the commission; and
15052+(3) no member shall have been convicted of a felony under the laws
15053+of any state or of the United States at any time prior to appointment or
15054+during such member's term of office with the commission.
15055+(d) The governor shall make appointments to the commission in such
15056+a manner that:
15057+(1) Not more than three members belong to the same political party at
15058+the time of appointment and during their terms of office with the
15059+commission; and
784315060 (2) subject to the provisions of K.S.A. 75-4315c, and amendments
7844-thereto each congressional district has at least one member residing in
7845-such district at the time of appointment.
15061+thereto each congressional district has at least one member residing in such
15062+district at the time of appointment.
784615063 (e) Except as provided by subsection (f), each member appointed
7847-before July 1, 1995, shall be appointed for a term of three years and
7848-until a successor is appointed and confirmed. Each member appointed
7849-on or after July 1, 1995, shall be appointed for a term of four years and
7850-until a successor is appointed and confirmed.
7851-(f) The terms of members who are serving on the commission on
7852-the effective date of this act shall expire on January 15, of the year in
7853-which such member's term would have expired under the provisions of
7854-this section prior to amendment by this act. Thereafter, members shall
7855-be appointed for terms of four years and until their successors are
7856-appointed and confirmed. SENATE BILL No. 491—page 134
15064+before July 1, 1995, shall be appointed for a term of three years and until a
15065+successor is appointed and confirmed. Each member appointed on or after
15066+July 1, 1995, shall be appointed for a term of four years and until a
15067+successor is appointed and confirmed.
15068+(f) The terms of members who are serving on the commission on the
15069+effective date of this act shall expire on January 15, of the year in which
15070+such member's term would have expired under the provisions of this
15071+section prior to amendment by this act. Thereafter, members shall be
15072+appointed for terms of four years and until their successors are appointed
15073+and confirmed.
785715074 (g) A vacancy on the commission shall be filled for the unexpired
785815075 term by appointment by the governor.
7859-(h) The commission shall meet at such times and places within
7860-this state as the chairperson or a majority of the commission members
7861-determines. A majority of the members shall constitute a quorum for
7862-the conduct of commission business.
15076+(h) The commission shall meet at such times and places within this
15077+state as the chairperson or a majority of the commission members
15078+determines. A majority of the members shall constitute a quorum for the
15079+conduct of commission business.
786315080 (i) The governor shall designate a member of the commission as
7864-chairperson of the commission, to serve in that capacity at the pleasure
7865-of the governor. The members of the commission annually shall elect a
7866-vice-chairperson and secretary from the membership of the
7867-commission.
7868-(j) Members of the commission shall receive such compensation
7869-as determined by the governor, subject to the limitations of
7870-appropriations therefor, and, when attending meetings of the
7871-commission, or a subcommittee meeting thereof approved by the
7872-commission, shall be paid subsistence allowances, mileage and other
7873-expenses as provided in K.S.A. 75-3223, and amendments thereto.
15081+chairperson of the commission, to serve in that capacity at the pleasure of
15082+the governor. The members of the commission annually shall elect a vice-
15083+chairperson and secretary from the membership of the commission.
15084+(j) Members of the commission shall receive such compensation as
15085+determined by the governor, subject to the limitations of appropriations
15086+therefor, and, when attending meetings of the commission, or a
15087+subcommittee meeting thereof approved by the commission, shall be paid
15088+subsistence allowances, mileage and other expenses as provided in K.S.A.
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15132+75-3223, and amendments thereto.
787415133 Sec. 80. K.S.A. 2023 Supp. 74-8804 is hereby amended to read as
787515134 follows: 74-8804.(a) During live race meetings or simulcast racing
7876-operations, the commission and its designated employees may observe
7877-and inspect all racetrack facilities operated by licensees, all racetracks
7878-simulcasting races to racetrack facilities in Kansas and all historical
7879-horse race machines, including, but not limited to, all machines,
7880-equipment and facilities used for parimutuel wagering.
15135+operations, the commission and its designated employees may observe and
15136+inspect all racetrack facilities operated by licensees, all racetracks
15137+simulcasting races to racetrack facilities in Kansas and all historical horse
15138+race machines, including, but not limited to, all machines, equipment and
15139+facilities used for parimutuel wagering.
788115140 (b) Commission members and presiding officers may administer
788215141 oaths and take depositions to the same extent and subject to the same
7883-limitations as would apply if the deposition was in aid of a civil action
7884-in the district court.
15142+limitations as would apply if the deposition was in aid of a civil action in
15143+the district court.
788515144 (c) The commission may examine, or cause to be examined by any
7886-agent or representative designated by the commission, any books,
7887-papers, records or memoranda of any licensee, or of any racetrack or
7888-business involved in simulcasting races to racetrack facilities in Kansas
7889-or operating historical horse race machines, for the purpose of
7890-ascertaining compliance with any provision of this act or any rule and
7891-regulation adopted hereunder.
7892-(d) The commission may issue subpoenas to compel access to or
7893-for the production of any books, papers, records or memoranda in the
7894-custody or control of any licensee or officer, member, employee or
7895-agent of any licensee, or to compel the appearance of any licensee or
7896-officer, member, employee or agent of any licensee, or of any racetrack
7897-or business involved in simulcasting races to racetrack facilities in this
7898-state or operating historical horse race machines, for the purpose of
7899-ascertaining compliance with any of the provisions of this act or any
7900-rule and regulation adopted hereunder. Subpoenas issued pursuant to
7901-this subsection may be served upon individuals and corporations in the
7902-same manner provided in K.S.A. 60-304, and amendments thereto, for
7903-the service of process by any officer authorized to serve subpoenas in
7904-civil actions or by the commission or an agent or representative
7905-designated by the commission. In the case of the refusal of any person
7906-to comply with any such subpoena, the executive director may make
7907-application to the district court of any county where such books,
7908-papers, records, memoranda or person is located for an order to comply.
15145+agent or representative designated by the commission, any books, papers,
15146+records or memoranda of any licensee, or of any racetrack or business
15147+involved in simulcasting races to racetrack facilities in Kansas or operating
15148+historical horse race machines, for the purpose of ascertaining compliance
15149+with any provision of this act or any rule and regulation adopted
15150+hereunder.
15151+(d) The commission may issue subpoenas to compel access to or for
15152+the production of any books, papers, records or memoranda in the custody
15153+or control of any licensee or officer, member, employee or agent of any
15154+licensee, or to compel the appearance of any licensee or officer, member,
15155+employee or agent of any licensee, or of any racetrack or business
15156+involved in simulcasting races to racetrack facilities in this state or
15157+operating historical horse race machines, for the purpose of ascertaining
15158+compliance with any of the provisions of this act or any rule and regulation
15159+adopted hereunder. Subpoenas issued pursuant to this subsection may be
15160+served upon individuals and corporations in the same manner provided in
15161+K.S.A. 60-304, and amendments thereto, for the service of process by any
15162+officer authorized to serve subpoenas in civil actions or by the commission
15163+or an agent or representative designated by the commission. In the case of
15164+the refusal of any person to comply with any such subpoena, the executive
15165+director may make application to the district court of any county where
15166+such books, papers, records, memoranda or person is located for an order
15167+to comply.
790915168 (e) The commission shall allocate equitably race meeting dates,
7910-racing days and hours to all organization licensees and assign such
7911-dates and hours so as to minimize conflicting dates and hours within
7912-the same geographic market area.
15169+racing days and hours to all organization licensees and assign such dates
15170+and hours so as to minimize conflicting dates and hours within the same
15171+geographic market area.
791315172 (f) The commission shall have the authority, after notice and an
7914-opportunity for hearing in accordance with rules and regulations
7915-adopted by the commission, to exclude, or cause to be expelled, from SENATE BILL No. 491—page 135
7916-any race meeting or racetrack facility, or to prohibit a licensee from
7917-conducting business with any person:
15173+opportunity for hearing in accordance with rules and regulations adopted
15174+by the commission, to exclude, or cause to be expelled, from any race
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15218+meeting or racetrack facility, or to prohibit a licensee from conducting
15219+business with any person:
791815220 (1) Who has violated the provisions of this act or any rule and
791915221 regulation or order of the commission;
7920-(2) who has been convicted of a violation of the racing or
7921-gambling laws of this or any other state or of the United States or has
7922-been adjudicated of committing as a juvenile an act which, if
7923-committed by an adult, would constitute such a violation; or
15222+(2) who has been convicted of a violation of the racing or gambling
15223+laws of this or any other state or of the United States or has been
15224+adjudicated of committing as a juvenile an act which, if committed by an
15225+adult, would constitute such a violation; or
792415226 (3) whose presence, in the opinion of the commission, reflects
792515227 adversely on the honesty and integrity of horse or greyhound racing or
792615228 interferes with the orderly conduct of a race meeting.
792715229 (g) The commission shall review and approve all proposed
7928-construction and major renovations to racetrack facilities owned or
7929-leased by licensees.
7930-(h) The commission shall review and approve all proposed
7931-contracts with racetracks or businesses involved in simulcasting races
7932-to racetrack facilities in Kansas or operating historical horse race
7933-machines.
15230+construction and major renovations to racetrack facilities owned or leased
15231+by licensees.
15232+(h) The commission shall review and approve all proposed contracts
15233+with racetracks or businesses involved in simulcasting races to racetrack
15234+facilities in Kansas or operating historical horse race machines.
793415235 (i) The commission may suspend a horse or greyhound from
7935-participation in races if such horse or greyhound has been involved in
7936-any violation of the provisions of this act or any rule and regulation or
7937-order of the commission.
15236+participation in races if such horse or greyhound has been involved in any
15237+violation of the provisions of this act or any rule and regulation or order of
15238+the commission.
793815239 (j) The commission, within 72 hours after any action taken by a
7939-steward or racing judge and upon appeal by any interested party or
7940-upon its own initiative, may overrule any decision of a steward or
7941-racing judge, other than a decision regarding disqualifications for
7942-interference during the running of a race, if the preponderance of
7943-evidence indicates that:
15240+steward or racing judge and upon appeal by any interested party or upon
15241+its own initiative, may overrule any decision of a steward or racing judge,
15242+other than a decision regarding disqualifications for interference during the
15243+running of a race, if the preponderance of evidence indicates that:
794415244 (1) The steward or racing judge mistakenly interpreted the law;
794515245 (2) new evidence of a convincing nature is produced; or
794615246 (3) the best interests of racing and the state may be better served.
7947-A decision of the commission to overrule any decision of a steward
7948-or racing judge shall not change the distribution of parimutuel pools to
7949-the holders of winning tickets. A decision of the commission which
7950-would affect the distribution of purses in any race shall not result in a
7951-change in that distribution unless a written claim is submitted to the
7952-commission within 48 hours after completion of the contested race by
7953-one of the owners or trainers of a horse or greyhound that participated
7954-in such race and a preponderance of evidence clearly indicates to the
7955-commission that one or more of the grounds for protest, as provided for
7956-in rules and regulations of the commission, has been substantiated.
7957-(k) The commission shall review and approve all proposed
7958-historical horse race machines and all proposed types of wagering to be
7959-conducted on such machines.
15247+A decision of the commission to overrule any decision of a steward or
15248+racing judge shall not change the distribution of parimutuel pools to the
15249+holders of winning tickets. A decision of the commission which would
15250+affect the distribution of purses in any race shall not result in a change in
15251+that distribution unless a written claim is submitted to the commission
15252+within 48 hours after completion of the contested race by one of the
15253+owners or trainers of a horse or greyhound that participated in such race
15254+and a preponderance of evidence clearly indicates to the commission that
15255+one or more of the grounds for protest, as provided for in rules and
15256+regulations of the commission, has been substantiated.
15257+(k) The commission shall review and approve all proposed historical
15258+horse race machines and all proposed types of wagering to be conducted
15259+on such machines.
796015260 (l) The commission, after notice and a hearing in accordance with
7961-rules and regulations adopted by the commission, may impose a civil
7962-fine not exceeding $5,000 for each violation of any provision of this
7963-act, or any rule and regulation of the commission, for which no other
7964-penalty is provided.
7965-(m) The commission shall adopt rules and regulations specifying
7966-and regulating:
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15304+rules and regulations adopted by the commission, may impose a civil fine
15305+not exceeding $5,000 for each violation of any provision of this act, or any
15306+rule and regulation of the commission, for which no other penalty is
15307+provided.
15308+(m) The commission shall adopt rules and regulations specifying and
15309+regulating:
796715310 (1) Those drugs and medications that may be administered, and
7968-possessed for administration, to a horse or greyhound within the
7969-confines of a racetrack facility; and
7970-(2) that equipment for administering drugs or medications to
7971-horses or greyhounds that may be possessed within the confines of a
7972-racetrack facility.
15311+possessed for administration, to a horse or greyhound within the confines
15312+of a racetrack facility; and
15313+(2) that equipment for administering drugs or medications to horses
15314+or greyhounds that may be possessed within the confines of a racetrack
15315+facility.
797315316 (n) The commission may adopt rules and regulations providing for
7974-the testing of any licensees of the commission, and any officers, SENATE BILL No. 491—page 136
7975-directors and employees thereof, to determine whether they are users of
7976-any controlled substances.
15317+the testing of any licensees of the commission, and any officers, directors
15318+and employees thereof, to determine whether they are users of any
15319+controlled substances.
797715320 (o) The commission shall require fingerprinting of all persons
7978-necessary to verify qualification for employment by the commission or
7979-to verify qualification for any license, including a simulcasting license,
7980-issued pursuant to this act. The commission shall submit such
7981-fingerprints to the Kansas bureau of investigation and to the federal
7982-bureau of investigation for the purposes of verifying the identity of
7983-such persons and obtaining records of criminal arrests and convictions.
7984-(p) The commission, in accordance with section 2, and
7985-amendments thereto, may receive from commission security personnel,
7986-the Kansas bureau of investigation or other criminal justice agencies,
7987-including, but not limited to, the federal bureau of investigation and the
7988-federal internal revenue service, such criminal history record
7989-information (, including arrest and nonconviction data), criminal
7990-intelligence information and information relating to criminal and
7991-background investigations as necessary for the purpose of determining
7992-qualifications of licensees of the commission, employees of the
7993-commission, applicants for employment by the commission, and
7994-applicants for licensure by the commission, including applicants for
7995-simulcasting licenses employees or licensees. Upon the written request
7996-of the chairperson of the commission, the commission may receive
7997-from the district courts such information relating to juvenile
7998-proceedings as necessary for the purpose of determining qualifications
7999-of employees of and applicants for employment by the commission and
8000-determining qualifications of or licensees of and applicants for
8001-licensure by the commission. Such information, other than conviction
8002-data, shall be confidential and shall not be disclosed except to members
8003-and employees of the commission as necessary to determine
8004-qualifications of such licensees, employees and applicants. Any other
8005-disclosure of such confidential information is a class A misdemeanor
8006-and shall constitute grounds for removal from office, termination of
8007-employment or denial, revocation or suspension of any license issued
8008-under this act.
15321+necessary to verify qualification for employment by the commission or to
15322+verify qualification for any license, including a simulcasting license,
15323+issued pursuant to this act. The commission shall submit such fingerprints
15324+to the Kansas bureau of investigation and to the federal bureau of
15325+investigation for the purposes of verifying the identity of such persons and
15326+obtaining records of criminal arrests and convictions.
15327+(p) The commission, in accordance with section 2, and amendments
15328+thereto, may receive from commission security personnel, the Kansas
15329+bureau of investigation or other criminal justice agencies, including, but
15330+not limited to, the federal bureau of investigation and the federal internal
15331+revenue service, such criminal history record information (, including
15332+arrest and nonconviction data), criminal intelligence information and
15333+information relating to criminal and background investigations as
15334+necessary for the purpose of determining qualifications of licensees of the
15335+commission, employees of the commission, applicants for employment by
15336+the commission, and applicants for licensure by the commission, including
15337+applicants for simulcasting licenses employees or licensees. Upon the
15338+written request of the chairperson of the commission, the commission may
15339+receive from the district courts such information relating to juvenile
15340+proceedings as necessary for the purpose of determining qualifications of
15341+employees of and applicants for employment by the commission and
15342+determining qualifications of or licensees of and applicants for licensure
15343+by the commission. Such information, other than conviction data, shall be
15344+confidential and shall not be disclosed except to members and employees
15345+of the commission as necessary to determine qualifications of such
15346+licensees, employees and applicants. Any other disclosure of such
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15390+confidential information is a class A misdemeanor and shall constitute
15391+grounds for removal from office, termination of employment or denial,
15392+revocation or suspension of any license issued under this act.
800915393 (q) The commission, in accordance with K.S.A. 75-4319, and
801015394 amendments thereto, may recess for a closed or executive meeting to
8011-receive and discuss information received by the commission pursuant
8012-to subsection (o) and to negotiate with licensees of or applicants for
8013-licensure by the commission regarding any such information.
15395+receive and discuss information received by the commission pursuant to
15396+subsection (o) and to negotiate with licensees of or applicants for licensure
15397+by the commission regarding any such information.
801415398 (r) The commission may enter into agreements with the federal
801515399 bureau of investigation, the federal internal revenue service, the Kansas
8016-attorney general or any state, federal or local agency as necessary to
8017-carry out the duties of the commission under this act.
15400+attorney general or any state, federal or local agency as necessary to carry
15401+out the duties of the commission under this act.
801815402 (s) The commission shall adopt such rules and regulations as
801915403 necessary to implement and enforce the provisions of this act.
802015404 Sec. 81. K.S.A. 74-8805 is hereby amended to read as follows: 74-
802115405 8805. (a) (1) The governor shall appoint, subject to confirmation by the
802215406 senate as provided by K.S.A. 75-4315b, and amendments thereto, an
802315407 executive director of the commission, to serve at the pleasure of the
802415408 governor and under the direction and supervision of the commission.
802515409 Except as provided by K.S.A. 46-2601, and amendments thereto, no
8026-person appointed as executive director shall exercise any power, duty
8027-or function as executive director until confirmed by the senate. Before
8028-appointing any person as executive director, the governor shall cause
8029-the Kansas bureau of investigation to conduct a criminal history record
8030-check and background investigation of the person.
15410+person appointed as executive director shall exercise any power, duty or
15411+function as executive director until confirmed by the senate. Before
15412+appointing any person as executive director, the governor shall cause the
15413+Kansas bureau of investigation to conduct a criminal history record check
15414+and background investigation of the person.
803115415 (2) The executive director shall: (A) Be in the unclassified service
803215416 under the Kansas civil service act; (B) devote full time to the executive
8033-director's assigned duties; (C) receive such compensation as determined SENATE BILL No. 491—page 137
8034-by the governor, subject to the limitations of appropriations therefor;
8035-(D) be a citizen of the United States and an actual resident of Kansas
8036-during employment by the commission; (E) not have been convicted of
8037-a felony under the laws of any state or of the United States prior to or
8038-during employment by the commission; and (F) have familiarity with
8039-the horse and dog racing industries sufficient to fulfill the duties of the
8040-office of executive director.
8041-(3) The executive director shall: (A) Recommend to the
8042-commission the number and qualifications of employees necessary to
8043-implement and enforce the provisions of this act; (B) employ persons
8044-for those positions approved by the commission, subject to the
8045-limitations of appropriations therefor; and (C) perform such other
8046-duties as directed by the commission.
15417+director's assigned duties; (C) receive such compensation as determined by
15418+the governor, subject to the limitations of appropriations therefor; (D) be a
15419+citizen of the United States and an actual resident of Kansas during
15420+employment by the commission; (E) not have been convicted of a felony
15421+under the laws of any state or of the United States prior to or during
15422+employment by the commission; and (F) have familiarity with the horse
15423+and dog racing industries sufficient to fulfill the duties of the office of
15424+executive director.
15425+(3) The executive director shall: (A) Recommend to the commission
15426+the number and qualifications of employees necessary to implement and
15427+enforce the provisions of this act; (B) employ persons for those positions
15428+approved by the commission, subject to the limitations of appropriations
15429+therefor; and (C) perform such other duties as directed by the commission.
804715430 (b) (1) The executive director shall appoint an inspector of
804815431 parimutuels to serve at the pleasure of the executive director. Before
8049-appointing any person as inspector of parimutuels, the executive
8050-director shall cause the Kansas bureau of investigation to conduct a
8051-criminal history record check and background investigation of the
8052-person.
15432+appointing any person as inspector of parimutuels, the executive director
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15476+shall cause the Kansas bureau of investigation to conduct a criminal
15477+history record check and background investigation of the person.
805315478 (2) The inspector of parimutuels shall: (A) Be in the unclassified
805415479 service under the Kansas civil service act; (B) devote full time to the
8055-inspector's assigned duties; (C) receive such compensation as
8056-determined by the executive director, subject to the limitations of
8057-appropriations therefor; (D) be a citizen of the United States and an
8058-actual resident of Kansas during employment as inspector of
8059-parimutuels; (E) not have been convicted of a felony under the laws of
8060-any state or of the United States prior to or during employment by the
8061-commission; and (F) be a certified public accountant with at least three
8062-years of auditing experience.
15480+inspector's assigned duties; (C) receive such compensation as determined
15481+by the executive director, subject to the limitations of appropriations
15482+therefor; (D) be a citizen of the United States and an actual resident of
15483+Kansas during employment as inspector of parimutuels; (E) not have been
15484+convicted of a felony under the laws of any state or of the United States
15485+prior to or during employment by the commission; and (F) be a certified
15486+public accountant with at least three years of auditing experience.
806315487 (3) The inspector of parimutuels shall: (A) Inspect and audit the
8064-conduct of parimutuel wagering by organization licensees, including
8065-the equipment and facilities used and procedures followed; (B) train
8066-and supervise such personnel as employed by the executive director to
8067-assist with such duties; and (C) perform such other duties as directed by
8068-the executive director.
15488+conduct of parimutuel wagering by organization licensees, including the
15489+equipment and facilities used and procedures followed; (B) train and
15490+supervise such personnel as employed by the executive director to assist
15491+with such duties; and (C) perform such other duties as directed by the
15492+executive director.
806915493 (c) (1) The executive director shall appoint a director of security to
807015494 serve at the pleasure of the executive director. Before appointing any
8071-person as director of security, the executive director shall cause the
8072-Kansas bureau of investigation to conduct a criminal history record
8073-check and background investigation of the person in accordance with
8074-section 3, and amendments thereto.
8075-(2) The director of security shall: (A) Be in the unclassified
8076-service under the Kansas civil service act; (B) devote full time to the
8077-security director's assigned duties; (C) receive such compensation as
8078-determined by the executive director, subject to the limitations of
8079-appropriations therefor; (D) be a citizen of the United States and an
8080-actual resident of Kansas during employment as director of security;
8081-(E) not have been convicted of a felony under the laws of any state or
8082-of the United States prior to or during employment by the commission;
8083-and (F) be a professional law enforcement officer with a minimum of
8084-five years' experience in the field of law enforcement and at least a
8085-bachelor's degree in law enforcement administration, law, criminology
8086-or a related science or, in lieu thereof, a minimum of 10 years'
8087-experience in the field of law enforcement.
8088-(3) The director of security shall: (A) Conduct investigations
8089-relating to compliance with the provisions of this act and rules and
8090-regulations of the commission; (B) recommend proper security
8091-measures to organization licensees; (C) train and supervise such
8092-personnel as employed by the executive director to assist with such SENATE BILL No. 491—page 138
8093-duties; and (D) perform such other duties as directed by the executive
8094-director.
15495+person as director of security, the executive director shall cause the Kansas
15496+bureau of investigation to conduct a criminal history record check and
15497+background investigation of the person in accordance with section 3, and
15498+amendments thereto.
15499+(2) The director of security shall: (A) Be in the unclassified service
15500+under the Kansas civil service act; (B) devote full time to the security
15501+director's assigned duties; (C) receive such compensation as determined by
15502+the executive director, subject to the limitations of appropriations therefor;
15503+(D) be a citizen of the United States and an actual resident of Kansas
15504+during employment as director of security; (E) not have been convicted of
15505+a felony under the laws of any state or of the United States prior to or
15506+during employment by the commission; and (F) be a professional law
15507+enforcement officer with a minimum of five years' experience in the field
15508+of law enforcement and at least a bachelor's degree in law enforcement
15509+administration, law, criminology or a related science or, in lieu thereof, a
15510+minimum of 10 years' experience in the field of law enforcement.
15511+(3) The director of security shall: (A) Conduct investigations relating
15512+to compliance with the provisions of this act and rules and regulations of
15513+the commission; (B) recommend proper security measures to organization
15514+licensees; (C) train and supervise such personnel as employed by the
15515+executive director to assist with such duties; and (D) perform such other
15516+duties as directed by the executive director.
809515517 (d) (1) The executive director may appoint a director of racing
809615518 operations to serve at the pleasure of the executive director. Before
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809715562 appointing any person as director of racing operations, the executive
809815563 director shall cause the Kansas bureau of investigation to conduct a
8099-criminal history record check and background investigation of the
8100-person.
8101-(2) The director of racing operations shall: (A) Be in the
8102-unclassified service under the Kansas civil service act; (B) devote full
8103-time to the director's assigned duties; (C) receive such compensation as
8104-determined by the executive director, subject to the limitations of
8105-appropriations therefor; (D) be a citizen of the United States and an
8106-actual resident of Kansas during employment as director of racing
8107-operations; (E) not have been convicted of a felony under the laws of
8108-any state or of the United States prior to or during employment by the
8109-commission; and (F) have a minimum of five years' experience in
8110-racing operations.
15564+criminal history record check and background investigation of the person.
15565+(2) The director of racing operations shall: (A) Be in the unclassified
15566+service under the Kansas civil service act; (B) devote full time to the
15567+director's assigned duties; (C) receive such compensation as determined by
15568+the executive director, subject to the limitations of appropriations therefor;
15569+(D) be a citizen of the United States and an actual resident of Kansas
15570+during employment as director of racing operations; (E) not have been
15571+convicted of a felony under the laws of any state or of the United States
15572+prior to or during employment by the commission; and (F) have a
15573+minimum of five years' experience in racing operations.
811115574 (3) The director of racing operations shall: (A) Supervise racing
811215575 operations, including stewards and racing judges; (B) be responsible for
811315576 training and education of stewards and racing judges; (C) advise the
811415577 commission on necessary or desirable changes in rules and regulations
811515578 relating to conduct of races; (D) train and supervise such personnel as
811615579 employed by the executive director to assist with such duties; and (E)
811715580 perform such other duties as directed by the executive director.
8118-(e) The commission may appoint an advisory committee of
8119-persons knowledgeable in the horse and greyhound breeding and racing
8120-industries to provide information and recommendations to the
8121-commission regarding the administration of this act. Members of such
8122-advisory committee shall serve without compensation or
8123-reimbursement of expenses.
15581+(e) The commission may appoint an advisory committee of persons
15582+knowledgeable in the horse and greyhound breeding and racing industries
15583+to provide information and recommendations to the commission regarding
15584+the administration of this act. Members of such advisory committee shall
15585+serve without compensation or reimbursement of expenses.
812415586 (f) Except as otherwise provided by this act, all employees of the
8125-commission shall be in the classified service under the Kansas civil
8126-service act.
15587+commission shall be in the classified service under the Kansas civil service
15588+act.
812715589 (g) No employee of the commission shall have been convicted of a
8128-felony under the laws of any state or of the United States prior to or
8129-during employment by the commission. Before employing any person,
8130-the commission shall cause a criminal history record check of the
8131-person to be conducted.
8132-(h) The commission shall cause the Kansas bureau of investigation
8133-to conduct a criminal history record check and background
8134-investigation of a person before employing the person in any of the
8135-following positions:
15590+felony under the laws of any state or of the United States prior to or during
15591+employment by the commission. Before employing any person, the
15592+commission shall cause a criminal history record check of the person to be
15593+conducted.
15594+(h) The commission shall cause the Kansas bureau of investigation to
15595+conduct a criminal history record check and background investigation of a
15596+person before employing the person in any of the following positions:
813615597 (1) Deputy director;
813715598 (2) accountant;
813815599 (3) computer systems analyst;
813915600 (4) legal assistant;
814015601 (5) auditor;
814115602 (6) racing judge;
814215603 (7) steward;
814315604 (8) enforcement agent;
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814415648 (9) office supervisor;
814515649 (10) human resource manager;
814615650 (11) office specialist; or
8147-(12) any other sensitive position, as determined by the
8148-commission.
15651+(12) any other sensitive position, as determined by the commission.
814915652 Sec. 82. K.S.A. 74-8806 is hereby amended to read as follows: 74-
8150-8806. (a) The commission shall employ an animal health officer and
8151-such assistant animal health officers as needed to serve at the pleasure SENATE BILL No. 491—page 139
8152-of the commission. Before employing any person as the animal health
8153-officer, the commission shall cause the Kansas bureau of investigation
8154-to conduct a criminal history record check and background
8155-investigation of the person in accordance with section 3, and
8156-amendments thereto.
15653+8806. (a) The commission shall employ an animal health officer and such
15654+assistant animal health officers as needed to serve at the pleasure of the
15655+commission. Before employing any person as the animal health officer, the
15656+commission shall cause the Kansas bureau of investigation to conduct a
15657+criminal history record check and background investigation of the person
15658+in accordance with section 3, and amendments thereto.
815715659 (b) The animal health officer and assistant animal health officers
815815660 shall:
815915661 (1) Be doctors of veterinary medicine;
8160-(2) be in the unclassified service under the Kansas civil service
8161-act;
15662+(2) be in the unclassified service under the Kansas civil service act;
816215663 (3) receive such compensation as determined by the commission,
816315664 subject to the limitations of appropriations therefor; and
8164-(4) while employed by the commission, devote full time to the
8165-duties of the office.
15665+(4) while employed by the commission, devote full time to the duties
15666+of the office.
816615667 (c) The animal health officer shall:
816715668 (1) Supervise the formulation, administration and evaluation of all
8168-medical tests the commission's rules and regulations require or
8169-authorize;
15669+medical tests the commission's rules and regulations require or authorize;
817015670 (2) advise the commission on all aspects of veterinary medicine
817115671 relating to its powers and duties;
817215672 (3) supervise all personnel involved in conducting physical
817315673 examinations and medical testing of racing animals, as directed by the
817415674 executive director; and
817515675 (4) perform such other duties as directed by the commission.
817615676 (d) The assistant animal health officers shall:
817715677 (1) Conduct physical examinations and medical tests of racing
817815678 animals as prescribed by the commission;
817915679 (2) administer emergency treatment of racing animals at race
8180-meetings as authorized by the owners of such animals or their agents;
8181-and
15680+meetings as authorized by the owners of such animals or their agents; and
818215681 (3) perform such other duties as directed by the commission.
8183-(e) The animal health officer or an assistant animal health officer
8184-may possess and administer drugs and medications to horses and
8185-greyhounds within a racetrack facility as authorized by rules and
8186-regulations of the commission.
15682+(e) The animal health officer or an assistant animal health officer may
15683+possess and administer drugs and medications to horses and greyhounds
15684+within a racetrack facility as authorized by rules and regulations of the
15685+commission.
818715686 (f) The commission may require an organization licensee to
818815687 reimburse the commission for services performed by assistant animal
818915688 health officers at race meetings conducted by the organization licensee.
819015689 (g) The commission may obtain medical services as required by
819115690 contract with an institution which teaches animal health sciences within
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819215734 the state.
819315735 (h) The commission shall contract with one or more laboratory
819415736 facilities for the analysis of samples taken for the purpose of enforcing
819515737 compliance with K.S.A. 74-8811, and amendments thereto. In entering
819615738 into any contract under this subsection, the commission shall give
819715739 preference to laboratory facilities located in this state.
819815740 Sec. 83. K.S.A. 74-9802 is hereby amended to read as follows: 74-
819915741 9802. As used in the tribal gaming oversight act:
820015742 (a) "Class III gaming" means all tribal gaming activities defined as
820115743 class III gaming by the Indian gaming regulatory act (25 U.S.C. 2701 et
820215744 seq.), as in effect on the effective date of this act.
820315745 (b) "Employee" means a person who has applied for a position of
820415746 employment or is currently employed by the state gaming agency.
820515747 (c) "Executive director" means the executive director of the state
820615748 gaming agency.
8207-(c)(d) "Licensee" means a person who has submitted an
8208-application for licesure or currently holds a license in tribal gaming
8209-issued pursuant to a tribal-state gaming compact.
8210-(e) "Tribal gaming" means any class III gaming conducted SENATE BILL No. 491—page 140
8211-pursuant to a tribal-state gaming compact. "Tribal gaming" does not
8212-include games on video lottery machines, as defined by K.S.A. 74-
8213-8702, and amendments thereto, that the Kansas lottery is prohibited
8214-from conducting under K.S.A. 74-8704, and amendments thereto.
8215-(d)(f) "Tribal gaming commission" means a commission created
8216-by a native American tribe in accordance with a tribal-state gaming
8217-compact.
8218-(e)(g) "Tribal gaming facility" means a facility where tribal
8219-gaming is conducted or operated.
8220-(f)(h) "Tribal-state gaming compact" means a compact entered
8221-into between the state of Kansas and the Iowa Tribe of Kansas and
8222-Nebraska, the Kickapoo Tribe of Indians of the Kickapoo Reservation
8223-in Kansas, the Prairie Band Potawatomi Nation in Kansas or the Sac
8224-and Fox Nation of Missouri in Kansas and Nebraska with respect to the
8225-tribe's authority to engage in class III gaming on the tribe's reservation
8226-property in the state of Kansas.
15749+(c)(d) "Licensee" means a person who has submitted an application
15750+for licesure or currently holds a license in tribal gaming issued pursuant
15751+to a tribal-state gaming compact.
15752+(e) "Tribal gaming" means any class III gaming conducted pursuant
15753+to a tribal-state gaming compact. "Tribal gaming" does not include games
15754+on video lottery machines, as defined by K.S.A. 74-8702, and amendments
15755+thereto, that the Kansas lottery is prohibited from conducting under K.S.A.
15756+74-8704, and amendments thereto.
15757+(d)(f) "Tribal gaming commission" means a commission created by a
15758+native American tribe in accordance with a tribal-state gaming compact.
15759+(e)(g) "Tribal gaming facility" means a facility where tribal gaming is
15760+conducted or operated.
15761+(f)(h) "Tribal-state gaming compact" means a compact entered into
15762+between the state of Kansas and the Iowa Tribe of Kansas and Nebraska,
15763+the Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas, the
15764+Prairie Band Potawatomi Nation in Kansas or the Sac and Fox Nation of
15765+Missouri in Kansas and Nebraska with respect to the tribe's authority to
15766+engage in class III gaming on the tribe's reservation property in the state of
15767+Kansas.
822715768 Sec. 84. K.S.A. 74-9804 is hereby amended to read as follows: 74-
822815769 9804. (a) (1) The governor shall appoint, subject to confirmation by the
822915770 senate as provided by K.S.A. 75-4315b, and amendments thereto, an
8230-executive director of the state gaming agency, to serve at the pleasure
8231-of the governor. Except as provided by K.S.A. 46-2601, and
8232-amendments thereto, no person appointed as executive director shall
8233-exercise any power, duty or function as executive director until
8234-confirmed by the senate. Before appointing any person as executive
8235-director, the governor shall cause the Kansas bureau of investigation to
8236-conduct a criminal history record check and background investigation
8237-of the person in accordance with section 3, and amendments thereto.
15771+executive director of the state gaming agency, to serve at the pleasure of
15772+the governor. Except as provided by K.S.A. 46-2601, and amendments
15773+thereto, no person appointed as executive director shall exercise any
15774+power, duty or function as executive director until confirmed by the senate.
15775+Before appointing any person as executive director, the governor shall
15776+cause the Kansas bureau of investigation to conduct a criminal history
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15820+record check and background investigation of the person in accordance
15821+with section 3, and amendments thereto.
823815822 (2) The executive director shall: (A) Be in the unclassified service
823915823 under the Kansas civil service act; (B) devote full time to the executive
824015824 director's assigned duties; (C) be a citizen of the United States and an
824115825 actual resident of Kansas during employment as executive director; (D)
8242-not have been convicted of a felony under the laws of any state or of
8243-the United States prior to or during employment; and (E) have
8244-familiarity with gaming industries sufficient to fulfill the duties of the
8245-office of executive director.
15826+not have been convicted of a felony under the laws of any state or of the
15827+United States prior to or during employment; and (E) have familiarity with
15828+gaming industries sufficient to fulfill the duties of the office of executive
15829+director.
824615830 (3) The executive director shall: (A) Determine, subject to the
824715831 approval of the Kansas racing and gaming commission, the number and
824815832 qualifications of employees necessary to implement and enforce the
8249-provisions of tribal-state gaming compacts and the provisions of the
8250-tribal gaming oversight act; (B) employ persons for those positions; and
8251-(C) perform such other duties as required by tribal-state gaming
8252-compacts.
8253-(b) (1) The executive director may appoint a director of
8254-enforcement and compliance to serve at the pleasure of the executive
8255-director. Before appointing any person as director of enforcement and
8256-compliance, the executive director shall cause the Kansas bureau of
8257-investigation to conduct a criminal history record check and
8258-background investigation of the person.
8259-(2) The director of enforcement and compliance shall: (A) Be in
8260-the unclassified service under the Kansas civil service act; (B) devote
8261-full time to the director's assigned duties; (C) receive such
8262-compensation as determined by the executive director, subject to the
8263-limitations of appropriations therefor; (D) be a citizen of the United
8264-States and an actual resident of Kansas during employment as director
8265-of enforcement and compliance; (E) not have been convicted of a
8266-felony under the laws of any state or of the United States prior to and
8267-during employment as director of compliance; and (F) have been a
8268-professional law enforcement officer with a minimum of five years'
8269-experience in the field of law enforcement and at least a bachelor's SENATE BILL No. 491—page 141
8270-degree in law enforcement administration, law, criminology or a related
8271-science or, in lieu thereof, a minimum of 10 years' experience in the
8272-field of law enforcement.
8273-(3) The director of enforcement and compliance shall: (A) Be
8274-vested with law enforcement authority;
8275-(B) conduct investigations relating to compliance with the
8276-provisions of tribal-state gaming compacts and the provisions of the
8277-tribal gaming oversight act;
15833+provisions of tribal-state gaming compacts and the provisions of the tribal
15834+gaming oversight act; (B) employ persons for those positions; and (C)
15835+perform such other duties as required by tribal-state gaming compacts.
15836+(b) (1) The executive director may appoint a director of enforcement
15837+and compliance to serve at the pleasure of the executive director. Before
15838+appointing any person as director of enforcement and compliance, the
15839+executive director shall cause the Kansas bureau of investigation to
15840+conduct a criminal history record check and background investigation of
15841+the person.
15842+(2) The director of enforcement and compliance shall: (A) Be in the
15843+unclassified service under the Kansas civil service act; (B) devote full time
15844+to the director's assigned duties; (C) receive such compensation as
15845+determined by the executive director, subject to the limitations of
15846+appropriations therefor; (D) be a citizen of the United States and an actual
15847+resident of Kansas during employment as director of enforcement and
15848+compliance; (E) not have been convicted of a felony under the laws of any
15849+state or of the United States prior to and during employment as director of
15850+compliance; and (F) have been a professional law enforcement officer with
15851+a minimum of five years' experience in the field of law enforcement and at
15852+least a bachelor's degree in law enforcement administration, law,
15853+criminology or a related science or, in lieu thereof, a minimum of 10 years'
15854+experience in the field of law enforcement.
15855+(3) The director of enforcement and compliance shall: (A) Be vested
15856+with law enforcement authority;
15857+(B) conduct investigations relating to compliance with the provisions
15858+of tribal-state gaming compacts and the provisions of the tribal gaming
15859+oversight act;
827815860 (C) recommend proper compliance measures to tribal gaming
827915861 commissions;
8280-(D) train and supervise such personnel as employed by the
8281-executive director to assist with such duties; and
15862+(D) train and supervise such personnel as employed by the executive
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15906+director to assist with such duties; and
828215907 (E) perform such other duties as directed by the executive director.
828315908 (c) (1) The executive director may appoint enforcement agents.
828415909 Before appointing any person as an enforcement agent, the executive
828515910 director shall cause the Kansas bureau of investigation to conduct a
8286-criminal history record check and background investigation of the
8287-person.
15911+criminal history record check and background investigation of the person.
828815912 (2) Each enforcement agent shall: (A) Be vested with law
828915913 enforcement authority;
829015914 (B) be in the classified service under the Kansas civil service act;
8291-(C) not have been convicted of a felony under the laws of any
8292-state or of the United States prior to or during employment as
8293-enforcement agent; and
8294-(D) be a professional law enforcement officer with a minimum of
8295-two years' experience in the field of law enforcement or, in lieu thereof,
8296-a bachelor's degree from an accredited university or college.
8297-(3) Enforcement agents shall: (A) Conduct investigations relating
8298-to compliance with the provisions of tribal-state gaming compacts or
8299-the provisions of the tribal gaming oversight act; and (B) perform such
8300-other duties as directed by the executive director or the director of
8301-enforcement and compliance.
15915+(C) not have been convicted of a felony under the laws of any state or
15916+of the United States prior to or during employment as enforcement agent;
15917+and
15918+(D) be a professional law enforcement officer with a minimum of two
15919+years' experience in the field of law enforcement or, in lieu thereof, a
15920+bachelor's degree from an accredited university or college.
15921+(3) Enforcement agents shall: (A) Conduct investigations relating to
15922+compliance with the provisions of tribal-state gaming compacts or the
15923+provisions of the tribal gaming oversight act; and (B) perform such other
15924+duties as directed by the executive director or the director of enforcement
15925+and compliance.
830215926 Sec. 85. K.S.A. 74-9805 is hereby amended to read as follows: 74-
830315927 9805. (a) The state gaming agency shall be responsible for oversight of
8304-class III gaming conducted pursuant to tribal-state compacts and, as
8305-such, shall monitor compliance with tribal-state gaming compacts and
8306-perform the duties of the state gaming agency as provided by tribal-
8307-state gaming compacts.
15928+class III gaming conducted pursuant to tribal-state compacts and, as such,
15929+shall monitor compliance with tribal-state gaming compacts and perform
15930+the duties of the state gaming agency as provided by tribal-state gaming
15931+compacts.
830815932 (b) The state gaming agency may examine and inspect all tribal
8309-gaming facilities and facilities linked to Kansas tribal gaming facilities
8310-for gaming, including but not limited to all machines and equipment
8311-used for tribal gaming.
8312-(c) The state gaming agency may examine, or cause to be
8313-examined by any agent or representative designated by the executive
8314-director, any books, papers, records, electronic records, computer
8315-records or surveillance and security tapes and logs of any tribal gaming
8316-facility in accordance with tribal-state gaming compacts.
8317-(d) The executive director may issue subpoenas to compel access
8318-to or for the production of any books, papers, records, electronic
8319-records, computer records or surveillance and security tapes and logs in
8320-the custody or control of a tribal gaming facility or any officer,
8321-employee or agent of a tribal gaming facility, or to compel the
8322-appearance of any officer, employee or agent of a tribal gaming facility,
8323-for the purpose of ascertaining compliance with any of the provisions
8324-of a tribal-state gaming compact or the tribal gaming oversight act.
8325-Subpoenas issued pursuant to this subsection may be served upon
8326-individuals and corporations in the same manner provided in K.S.A.
8327-60-304, and amendments thereto for the service of process by any
8328-officer authorized to serve subpoenas in civil actions or by the SENATE BILL No. 491—page 142
8329-executive director or an agent or representative designated by the
8330-executive director. In the case of the refusal of any person to comply
8331-with any such subpoena, the executive director may make application
8332-to any court of competent jurisdiction.
15933+gaming facilities and facilities linked to Kansas tribal gaming facilities for
15934+gaming, including but not limited to all machines and equipment used for
15935+tribal gaming.
15936+(c) The state gaming agency may examine, or cause to be examined
15937+by any agent or representative designated by the executive director, any
15938+books, papers, records, electronic records, computer records or
15939+surveillance and security tapes and logs of any tribal gaming facility in
15940+accordance with tribal-state gaming compacts.
15941+(d) The executive director may issue subpoenas to compel access to
15942+or for the production of any books, papers, records, electronic records,
15943+computer records or surveillance and security tapes and logs in the custody
15944+or control of a tribal gaming facility or any officer, employee or agent of a
15945+tribal gaming facility, or to compel the appearance of any officer,
15946+employee or agent of a tribal gaming facility, for the purpose of
15947+ascertaining compliance with any of the provisions of a tribal-state gaming
15948+compact or the tribal gaming oversight act. Subpoenas issued pursuant to
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15992+this subsection may be served upon individuals and corporations in the
15993+same manner provided in K.S.A. 60-304, and amendments thereto for the
15994+service of process by any officer authorized to serve subpoenas in civil
15995+actions or by the executive director or an agent or representative
15996+designated by the executive director. In the case of the refusal of any
15997+person to comply with any such subpoena, the executive director may
15998+make application to any court of competent jurisdiction.
833315999 (e) The state gaming agency may institute the dispute resolution
833416000 procedure, in accordance with a tribal-state gaming compact, to ensure
8335-production of the documents required by the tribal-state gaming
8336-compact and to ensure compliance with all provisions of the compact.
8337-(f) The state gaming agency shall monitor, examine and inspect
8338-tribal gaming to ensure that tribal gaming is conducted in compliance
8339-with tribal-state gaming compacts.
16001+production of the documents required by the tribal-state gaming compact
16002+and to ensure compliance with all provisions of the compact.
16003+(f) The state gaming agency shall monitor, examine and inspect tribal
16004+gaming to ensure that tribal gaming is conducted in compliance with
16005+tribal-state gaming compacts.
834016006 (g) The state gaming agency shall review all licensing and
834116007 disciplinary actions taken by tribal gaming commissions or any party
834216008 involved in the tribal gaming and assess if the action complies with the
834316009 terms of the applicable tribal-state gaming compact.
8344-(h) The executive director, or a designated employee, shall report
8345-any substantial noncompliance with a tribal-state gaming compact to
8346-the governor.
8347-(i) The state gaming agency may negotiate a resolution between
8348-any tribe conducting or operating tribal gaming and any local or county
16010+(h) The executive director, or a designated employee, shall report any
16011+substantial noncompliance with a tribal-state gaming compact to the
16012+governor.
16013+(i) The state gaming agency may negotiate a resolution between any
16014+tribe conducting or operating tribal gaming and any local or county
834916015 governmental entity regarding the allocation or payment of additional
8350-expenses or costs incurred by the governmental entity as a result of
8351-tribal gaming, as provided by the applicable tribal-state gaming
8352-compacts.
8353-(j) The state gaming agency may adopt background investigation
8354-and fingerprinting policies or procedures in accordance with the terms
8355-of tribal-state gaming compacts.
16016+expenses or costs incurred by the governmental entity as a result of tribal
16017+gaming, as provided by the applicable tribal-state gaming compacts.
16018+(j) The state gaming agency may adopt background investigation and
16019+fingerprinting policies or procedures in accordance with the terms of
16020+tribal-state gaming compacts.
835616021 (k) The state gaming agency shall perform all functions and duties
835716022 required to comply with and ensure tribal compliance with tribal-state
835816023 gaming compacts.
8359-(l) The state gaming agency shall require fingerprinting of all
8360-persons necessary to verify qualifications for employment by the state
8361-gaming agency or to verify qualification for any license issued pursuant
8362-to a tribal-state gaming compact employees or licensees. The state
8363-gaming agency shall submit such fingerprints to the Kansas bureau of
8364-investigation and to the federal bureau of investigation in accordance
8365-with section 2, and amendments thereto, for the purposes of verifying
8366-the identity of such persons and obtaining records of criminal arrests
8367-and convictions.
8368-(m) (1) The state gaming agency may receive from the Kansas
8369-bureau of investigation or other criminal justice agencies, including but
8370-not limited to the federal bureau of investigation and the federal
8371-internal revenue service, such criminal history record information
8372-(including arrest and nonconviction data), criminal intelligence
8373-information and information relating to criminal and background
8374-investigations as necessary for the purpose of determining
8375-qualifications of employees of and applicants for employment by the
8376-state gaming agency and determining qualifications of licensees and
8377-applicants for licensure in tribal gaming. Upon the written request of
8378-the executive director, the state gaming agency may receive from the
8379-district courts such information relating to juvenile proceedings as
8380-necessary for the purpose of determining qualifications of employees of
16024+(l) The state gaming agency shall require fingerprinting of all persons
16025+necessary to verify qualifications for employment by the state gaming
16026+agency or to verify qualification for any license issued pursuant to a tribal-
16027+state gaming compact employees or licensees. The state gaming agency
16028+shall submit such fingerprints to the Kansas bureau of investigation and to
16029+the federal bureau of investigation in accordance with section 2, and
16030+amendments thereto, for the purposes of verifying the identity of such
16031+persons and obtaining records of criminal arrests and convictions.
16032+(m) (1) The state gaming agency may receive from the Kansas bureau
16033+of investigation or other criminal justice agencies, including but not
16034+limited to the federal bureau of investigation and the federal internal
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16078+revenue service, such criminal history record information (including arrest
16079+and nonconviction data), criminal intelligence information and information
16080+relating to criminal and background investigations as necessary for the
16081+purpose of determining qualifications of employees of and applicants for
16082+employment by the state gaming agency and determining qualifications of
16083+licensees and applicants for licensure in tribal gaming. Upon the written
16084+request of the executive director, the state gaming agency may receive
16085+from the district courts such information relating to juvenile proceedings
16086+as necessary for the purpose of determining qualifications of employees of
838116087 and applicants for employment by the state gaming agency and
8382-determining qualifications of licensees of and applicants for licensure
8383-in tribal gaming.
16088+determining qualifications of licensees of and applicants for licensure in
16089+tribal gaming.
838416090 (2) The state gaming agency may disclose information received
838516091 pursuant to subsection (m)(1) (l) to a tribal gaming commission as
8386-necessary for the purpose of determining qualifications of employees of
8387-or applicants for employment by such tribal gaming commission or SENATE BILL No. 491—page 143
8388-qualifications of licensees or applicants for licensure by such tribal
8389-gaming commission.
8390-(3)(2) Any information, other than conviction data, received by
8391-the state gaming agency pursuant to subsection (m)(1) (l) or by a tribal
8392-gaming commission pursuant to this subsection (m)(2) shall be
8393-confidential and shall not be disclosed except to the executive director,
8394-employees of the state gaming agency and members and employees of
8395-the tribal gaming commission as necessary for the purposes specified
8396-by subsections (m)(1) and (m)(2) subsection (l) and this subsection.
8397-Any other disclosure of such confidential information is a class A
8398-nonperson misdemeanor and shall constitute grounds for removal from
8399-office, termination of employment or denial, revocation or suspension
8400-of any license issued by the tribal gaming commission.
16092+necessary for the purpose of determining qualifications of employees of or
16093+applicants for employment by such tribal gaming commission or
16094+qualifications of licensees or applicants for licensure by such tribal gaming
16095+commission.
16096+(3)(2) Any information, other than conviction data, received by the
16097+state gaming agency pursuant to subsection (m)(1) (l) or by a tribal gaming
16098+commission pursuant to this subsection (m)(2) shall be confidential and
16099+shall not be disclosed except to the executive director, employees of the
16100+state gaming agency and members and employees of the tribal gaming
16101+commission as necessary for the purposes specified by subsections (m)(1)
16102+and (m)(2) subsection (l) and this subsection. Any other disclosure of such
16103+confidential information is a class A nonperson misdemeanor and shall
16104+constitute grounds for removal from office, termination of employment or
16105+denial, revocation or suspension of any license issued by the tribal gaming
16106+commission.
840116107 (n) The executive director may adopt rules and regulations to
840216108 implement, administer and enforce the provisions of the tribal gaming
840316109 oversight act.
8404-Sec. 86. K.S.A. 75-712 is hereby amended to read as follows: 75-
8405-712. (a) It is the duty of the members of the bureau to make full and
8406-complete investigations at the direction of the attorney general. Each
8407-member of the bureau shall possess all powers and privileges which are
8408-now or may be hereafter given to the sheriffs of Kansas.
16110+Sec. 86. K.S.A. 75-712 is hereby amended to read as follows: 75-712.
16111+(a) It is the duty of the members of the bureau to make full and complete
16112+investigations at the direction of the attorney general. Each member of the
16113+bureau shall possess all powers and privileges which are now or may be
16114+hereafter given to the sheriffs of Kansas.
840916115 (b) (1) The bureau shall acquire, collect, classify and preserve
841016116 criminal identification and other crime records, and may exchange such
841116117 criminal identification records with the duly authorized officials of
841216118 governmental agencies, of states, cities and penal institutions.
841316119 (2) The bureau shall make available to the governor's domestic
841416120 violence fatality review board crime record information related to
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841516164 domestic violence, including, but not limited to, type of offense, type of
8416-victim and victim relationship to offender, as found on the Kansas
8417-standard offense report. Such crime record information shall be made
8418-available only in a manner that does not identify individual offenders or
8419-victims.
8420-(c) For purposes of carrying out the powers and duties of the
8421-bureau, the director may request and accept grants or donations from
8422-any person, firm, association or corporation or from the federal
8423-government or any federal agency and may enter into contracts or other
8424-transactions with any federal agency in connection therewith.
16165+victim and victim relationship to offender, as found on the Kansas standard
16166+offense report. Such crime record information shall be made available only
16167+in a manner that does not identify individual offenders or victims.
16168+(c) For purposes of carrying out the powers and duties of the bureau,
16169+the director may request and accept grants or donations from any person,
16170+firm, association or corporation or from the federal government or any
16171+federal agency and may enter into contracts or other transactions with any
16172+federal agency in connection therewith.
842516173 (d) (1) The bureau shall conduct background investigations of:
8426-(1) (A) Appointees to positions which are subject to confirmation
8427-by the senate of the state of Kansas; and
16174+(1) (A) Appointees to positions which are subject to confirmation by
16175+the senate of the state of Kansas; and
842816176 (2) (B) at the direction of the governor, all judicial appointments.
842916177 (2) The bureau shall require the appointee to be fingerprinted in
8430-accordance with section 2, and amendments thereto. The fingerprints
8431-shall be submitted to the bureau and to the federal bureau of
8432-investigation for the identification of the appointee and to obtain
8433-criminal history record information, including arrest and nonconviction
8434-data. Background reports may include criminal intelligence information
8435-and information relating to criminal and background investigations.
8436-Except as provided by this subsection, information received pursuant to
8437-this subsection shall be confidential and shall not be disclosed except to
8438-the appointing authority or as provided by K.S.A. 75-4315d, and
8439-amendments thereto. If the appointing authority is the governor,
8440-information received pursuant to this subsection also may be disclosed
8441-to the governor's staff as necessary to determine the appointee's
8442-qualifications.
8443-(e) Reports of all investigations made by the members of the
8444-bureau shall be made to the attorney general of Kansas.
16178+accordance with section 2, and amendments thereto. The fingerprints shall
16179+be submitted to the bureau and to the federal bureau of investigation for
16180+the identification of the appointee and to obtain criminal history record
16181+information, including arrest and nonconviction data. Background reports
16182+may include criminal intelligence information and information relating to
16183+criminal and background investigations. Except as provided by this
16184+subsection, information received pursuant to this subsection shall be
16185+confidential and shall not be disclosed except to the appointing authority
16186+or as provided by K.S.A. 75-4315d, and amendments thereto. If the
16187+appointing authority is the governor, information received pursuant to this
16188+subsection also may be disclosed to the governor's staff as necessary to
16189+determine the appointee's qualifications.
16190+(e) Reports of all investigations made by the members of the bureau
16191+shall be made to the attorney general of Kansas.
844516192 Sec. 87. K.S.A. 75-7b01 is hereby amended to read as follows: 75-
8446-7b01. As used in this act: SENATE BILL No. 491—page 144
8447-(a) "Applicant" means a person who has submitted an application
8448-for licensure as a private detective or private detective agency
8449-pursuant to this act or a person who has submitted an application to
8450-become certified to train private detectives in the handling of firearms
8451-and the lawful use of force.
16193+7b01. As used in this act:
16194+(a) "Applicant" means a person who has submitted an application for
16195+licensure as a private detective or private detective agency pursuant to
16196+this act or a person who has submitted an application to become certified
16197+to train private detectives in the handling of firearms and the lawful use of
16198+force.
845216199 (b) "Detective business" means the furnishing of, making of or
845316200 agreeing to make any investigation for the purpose of obtaining
845416201 information with reference to:
8455-(1) Crime or wrongs done or threatened against the United States
8456-or any state or territory of the United States, or any political subdivision
16202+(1) Crime or wrongs done or threatened against the United States or
16203+any state or territory of the United States, or any political subdivision
845716204 thereof when furnished or made by persons other than law enforcement
845816205 officers;
845916206 (2) the identity, habits, conduct, business, occupation, honesty,
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846016250 integrity, credibility, knowledge, trustworthiness, efficiency, loyalty,
8461-activity, movement, whereabouts, affiliations, associations,
8462-transactions, acts, reputation or character of any person;
16251+activity, movement, whereabouts, affiliations, associations, transactions,
16252+acts, reputation or character of any person;
846316253 (3) the location, disposition or recovery of lost or stolen property;
846416254 (4) the cause or responsibility for fires, libels, losses, frauds,
846516255 accidents or damage or injury to persons or to property; or
846616256 (5) securing evidence to be used before any court, board, officer or
846716257 investigating committee.
846816258 (b)(c) "Private detective" means any person who, for any
846916259 consideration whatsoever, engages in detective business.
847016260 (c)(d) "Private detective agency" means a person who regularly
847116261 employs any other person, other than an organization, to engage in
847216262 detective business.
847316263 (d)(e) "Private patrol operator" means a person who, for any
847416264 consideration whatsoever, agrees to furnish or furnishes a watchman,
847516265 guard, patrolman or other person to protect persons or property or to
8476-prevent the theft, unlawful taking, loss, embezzlement,
8477-misappropriation or concealment of any goods, wares, merchandise,
8478-money, bonds, stocks, notes, documents, papers or property of any
8479-kind, or performs the service of such watchman, guard, patrolman or
8480-other person for any such purposes.
8481-(e)(f) "Law enforcement officer" means a law enforcement officer
8482-as defined in K.S.A. 21-5111, and amendments thereto.
8483-(f)(g) "Organization" means a corporation, trust, estate,
8484-partnership, cooperative or association.
16266+prevent the theft, unlawful taking, loss, embezzlement, misappropriation
16267+or concealment of any goods, wares, merchandise, money, bonds, stocks,
16268+notes, documents, papers or property of any kind, or performs the service
16269+of such watchman, guard, patrolman or other person for any such
16270+purposes.
16271+(e)(f) "Law enforcement officer" means a law enforcement officer as
16272+defined in K.S.A. 21-5111, and amendments thereto.
16273+(f)(g) "Organization" means a corporation, trust, estate, partnership,
16274+cooperative or association.
848516275 (g)(h) "Person" means an individual or organization.
848616276 (h)(i) "Firearm permit" means a permit for the limited authority to
848716277 carry a firearm concealed on or about the person by one licensed as a
848816278 private detective.
848916279 (i)(j) "Firearm" means:
8490-(1) A pistol or revolver which is designed to be fired by the use of
8491-a single hand and which is designed to fire or capable of firing fixed
16280+(1) A pistol or revolver which is designed to be fired by the use of a
16281+single hand and which is designed to fire or capable of firing fixed
849216282 cartridge ammunition; or
8493-(2) any other weapon which will or is designed to expel a
8494-projectile by the action of an explosive and which is designed to be
8495-fired by the use of a single hand.
16283+(2) any other weapon which will or is designed to expel a projectile
16284+by the action of an explosive and which is designed to be fired by the use
16285+of a single hand.
849616286 (j)(k) "Client" means any person who engages the services of a
849716287 private detective.
849816288 (k)(l) "Dishonesty or fraud" means, in addition to other acts not
849916289 specifically enumerated herein:
850016290 (1) Knowingly making a false statement relating to evidence or
850116291 information obtained in the course of employment, or knowingly
850216292 publishing a slander or a libel in the course of business;
8503-(2) using illegal means in the collection or attempted collection of
8504-a debt or obligation;
8505-(3) manufacturing or producing any false evidence; and SENATE BILL No. 491—page 145
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16336+(2) using illegal means in the collection or attempted collection of a
16337+debt or obligation;
16338+(3) manufacturing or producing any false evidence; and
850616339 (4) acceptance of employment adverse to a client or former client
850716340 relating to a matter with respect to which the licensee has obtained
850816341 confidential information by reason of or in the course of the licensee's
850916342 employment by such client or former client.
851016343 Sec. 88. K.S.A. 75-7b04 is hereby amended to read as follows: 75-
851116344 7b04. (a) Every person desiring to be licensed in Kansas as a private
8512-detective or private detective agency shall make application therefor to
8513-the attorney general. An application for a license under this act shall be
8514-on a form prescribed by the attorney general and accompanied by the
8515-required application fee. An application shall be verified and shall
8516-include:
16345+detective or private detective agency shall make application therefor to the
16346+attorney general. An application for a license under this act shall be on a
16347+form prescribed by the attorney general and accompanied by the required
16348+application fee. An application shall be verified and shall include:
851716349 (1) The full name and business address of the applicant;
851816350 (2) the name under which the applicant intends to do business;
8519-(3) a statement as to the general nature of the business in which
8520-the applicant intends to engage;
8521-(4) a statement as to the classification or classifications under
8522-which the applicant desires to be qualified;
16351+(3) a statement as to the general nature of the business in which the
16352+applicant intends to engage;
16353+(4) a statement as to the classification or classifications under which
16354+the applicant desires to be qualified;
852316355 (5) if the applicant is an organization, the full name and residence
852416356 address of each of its partners, officers, directors or associates;
8525-(6) two photographs of the applicant taken within 30 days before
8526-the date of application, of a type prescribed by the attorney general, and
8527-two classifiable sets of the applicant's fingerprints one of which shall be
16357+(6) two photographs of the applicant taken within 30 days before the
16358+date of application, of a type prescribed by the attorney general, and two
16359+classifiable sets of the applicant's fingerprints one of which shall be
852816360 submitted to the federal bureau of investigation for a fingerprint check
8529-Kansas bureau of investigation for any a state and national criminal
8530-history of the applicant record check in accordance with section 2, and
8531-amendments thereto;
16361+Kansas bureau of investigation for any criminal history of the applicant in
16362+accordance with section 2, and amendments thereto;
853216363 (7) a statement of the applicant's employment history; and
8533-(8) such other information, evidence, statements or documents as
8534-may be required by the attorney general.
8535-(b) The application shall be accompanied by a certificate of
8536-reference signed by five or more reputable persons who have known
8537-the applicant for a period of at least 5 years. The certificate of reference
8538-shall be verified and acknowledged by such persons before an officer
8539-authorized to take oaths and acknowledgment of deeds.
16364+(8) such other information, evidence, statements or documents as may
16365+be required by the attorney general.
16366+(b) The application shall be accompanied by a certificate of reference
16367+signed by five or more reputable persons who have known the applicant
16368+for a period of at least 5 years. The certificate of reference shall be verified
16369+and acknowledged by such persons before an officer authorized to take
16370+oaths and acknowledgment of deeds.
854016371 Each person signing the certificate of reference shall subscribe and
854116372 affirm as true, under the penalties of perjury, that:
8542-(1) The person has known the applicant personally for a period of
8543-at least five years prior to the filing of the application. The attorney
8544-general may lessen such period if the applicant has been discharged
8545-honorably from the military service of the United States within the six-
8546-year period immediately preceding the date the application is
8547-submitted;
16373+(1) The person has known the applicant personally for a period of at
16374+least five years prior to the filing of the application. The attorney general
16375+may lessen such period if the applicant has been discharged honorably
16376+from the military service of the United States within the six-year period
16377+immediately preceding the date the application is submitted;
854816378 (2) the person has read such application and believes each of the
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854916422 statements made therein to be true;
8550-(3) the applicant is honest, of good character and competent and
8551-not related or connected by blood or marriage to such person.
8552-(c) Before an application for a license may be granted, the
8553-applicant or, if the applicant is an organization, all of the officers,
8554-directors, partners or associates shall:
16423+(3) the applicant is honest, of good character and competent and not
16424+related or connected by blood or marriage to such person.
16425+(c) Before an application for a license may be granted, the applicant
16426+or, if the applicant is an organization, all of the officers, directors, partners
16427+or associates shall:
855516428 (1) Be at least 21 years of age;
855616429 (2) be a citizen of the United States;
855716430 (3) be of good moral character; and
855816431 (4) comply with such other qualifications as the attorney general
855916432 adopts by rules and regulations.
856016433 (d) In accordance with the summary proceedings provisions of the
856116434 Kansas administrative procedure act, the attorney general may deny a
856216435 license if the applicant has:
8563-(1) Committed any act which, if committed by a licensee, would
8564-be grounds for the suspension or revocation of a license under this act; SENATE BILL No. 491—page 146
16436+(1) Committed any act which, if committed by a licensee, would be
16437+grounds for the suspension or revocation of a license under this act;
856516438 (2) committed any act constituting dishonesty or fraud;
8566-(3) a bad moral character or a bad reputation for truth, honesty,
8567-and integrity;
8568-(4) been convicted of a felony or, within 10 years immediately
8569-prior to the date of application, been convicted of any crime involving
8570-moral turpitude, dishonesty, vehicular homicide, assault, battery, assault
8571-of a law enforcement officer, misdemeanor battery against a law
8572-enforcement officer, criminal restraint, sexual battery, endangering a
8573-child, intimidation of a witness or victim or illegally using, carrying, or
8574-possessing a dangerous weapon;
8575-(5) been refused a license under this act or had a license
16439+(3) a bad moral character or a bad reputation for truth, honesty, and
16440+integrity;
16441+(4) been convicted of a felony or, within 10 years immediately prior
16442+to the date of application, been convicted of any crime involving moral
16443+turpitude, dishonesty, vehicular homicide, assault, battery, assault of a law
16444+enforcement officer, misdemeanor battery against a law enforcement
16445+officer, criminal restraint, sexual battery, endangering a child, intimidation
16446+of a witness or victim or illegally using, carrying, or possessing a
16447+dangerous weapon;
16448+(5) been refused a license under this act or had a license suspended or
16449+revoked in this state or in any other jurisdiction or had a license censured,
16450+limited or conditioned two or more times in this state or in any other
16451+jurisdiction;
16452+(6) been an officer, director, partner or associate of any person who
16453+has been refused a license under this act or whose license has been
857616454 suspended or revoked in this state or in any other jurisdiction or had a
8577-license censured, limited or conditioned two or more times in this state
8578-or in any other jurisdiction;
8579-(6) been an officer, director, partner or associate of any person
8580-who has been refused a license under this act or whose license has been
8581-suspended or revoked in this state or in any other jurisdiction or had a
8582-license censured, limited or conditioned two or more times in this state
8583-or in any other jurisdiction;
8584-(7) while unlicensed, committed or aided and abetted the
8585-commission of any act for which a license is required by this act; or
16455+license censured, limited or conditioned two or more times in this state or
16456+in any other jurisdiction;
16457+(7) while unlicensed, committed or aided and abetted the commission
16458+of any act for which a license is required by this act; or
858616459 (8) knowingly made any false statement in the application.
8587-(e) The attorney general may charge a fee for initial application
8588-forms and materials in an amount fixed by the attorney general
8589-pursuant to K.S.A. 75-7b22, and amendments thereto. Such fee shall be
8590-credited against the application fee of any person who subsequently
8591-submits an application.
16460+(e) The attorney general may charge a fee for initial application forms
16461+and materials in an amount fixed by the attorney general pursuant to
16462+K.S.A. 75-7b22, and amendments thereto. Such fee shall be credited
16463+against the application fee of any person who subsequently submits an
16464+application.
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859216508 Sec. 89. K.S.A. 75-7b21 is hereby amended to read as follows: 75-
859316509 7b21. (a) The attorney general shall certify persons who are qualified to
859416510 train private detectives in the handling of firearms and the lawful use of
859516511 force.
8596-(b) In order to be certified as a trainer under this section, an
8597-applicant shall:
16512+(b) In order to be certified as a trainer under this section, an applicant
16513+shall:
859816514 (1) Be 21 or more years of age;
859916515 (2) have a minimum of one-year supervisory experience with a
860016516 private detective agency, a private patrol operator, a proprietary
860116517 investigative or security organization or any federal, United States
860216518 military, state, county or city law enforcement agency;
8603-(3) be personally qualified to train private detectives in the
8604-handling of firearms and the lawful use of force; and
16519+(3) be personally qualified to train private detectives in the handling
16520+of firearms and the lawful use of force; and
860516521 (4) not have been convicted of a felony or, within 10 years
860616522 immediately prior to the date of application, been convicted of a
860716523 misdemeanor. If the applicant is not licensed as a private detective, the
8608-applicant shall submit two classifiable sets of the applicant's
8609-fingerprints one of which shall be submitted to the federal bureau of
8610-investigation for a fingerprint check Kansas bureau of investigation for
8611-any a state and national criminal history of the applicant record check
8612-in accordance with section 2, and amendments thereto.
16524+applicant shall submit two classifiable sets of the applicant's fingerprints
16525+one of which shall be submitted to the federal bureau of investigation for a
16526+fingerprint check Kansas bureau of investigation for any criminal history
16527+of the applicant in accordance with section 2, and amendments thereto.
861316528 (c) Persons wishing to become certified trainers shall make
861416529 application to the attorney general on a form prescribed by the attorney
861516530 general. Applications for a firearm training certificate shall be
8616-accompanied by a fee in an amount fixed by the attorney general
8617-pursuant to K.S.A. 75-7b22, and amendments thereto. The application
8618-shall contain a statement of the plan of operation for the training
8619-offered by the applicant and the materials and aids to be used and any
8620-other information required by the attorney general.
16531+accompanied by a fee in an amount fixed by the attorney general pursuant
16532+to K.S.A. 75-7b22, and amendments thereto. The application shall contain
16533+a statement of the plan of operation for the training offered by the
16534+applicant and the materials and aids to be used and any other information
16535+required by the attorney general.
862116536 (d) A certificate shall be granted to a trainer if the attorney general
862216537 finds that the applicant:
8623-(1) Meets the requirements of subsection (b); SENATE BILL No. 491—page 147
16538+(1) Meets the requirements of subsection (b);
862416539 (2) is a person of good character and reputation;
8625-(3) has sufficient knowledge of private detective business,
8626-firearms training and the lawful use of force to be a suitable person to
8627-train private detectives in the handling of firearms and the lawful use of
8628-force;
8629-(4) has supplied all required information to the attorney general;
8630-and
16540+(3) has sufficient knowledge of private detective business, firearms
16541+training and the lawful use of force to be a suitable person to train private
16542+detectives in the handling of firearms and the lawful use of force;
16543+(4) has supplied all required information to the attorney general; and
863116544 (5) has paid the required fee.
863216545 (e) The certificate issued pursuant to this section shall expire on
863316546 December 31 of the year following the year when issued except that, on
863416547 and after July 1, 2004, a certificate issued pursuant to this section shall
8635-expire two years from the date of issuance. A certificate may be
8636-renewed on a biennial basis upon application and payment of a fee in
8637-an amount fixed by the attorney general pursuant to K.S.A. 75-7b22,
8638-and amendments thereto.
16548+expire two years from the date of issuance. A certificate may be renewed
16549+on a biennial basis upon application and payment of a fee in an amount
16550+fixed by the attorney general pursuant to K.S.A. 75-7b22, and amendments
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16594+thereto.
863916595 Sec. 90. K.S.A. 2023 Supp. 75-7c02 is hereby amended to read as
8640-follows: 75-7c02. As used in the personal and family protection act,
8641-except as otherwise provided:
8642-(a) "Applicant" means a person who has submitted an application
8643-for a license to carry a concealed handgun pursuant to K.S.A. 75-7c03,
8644-and amendments thereto.
16596+follows: 75-7c02. As used in the personal and family protection act, except
16597+as otherwise provided:
16598+(a) "Applicant" means a person who has submitted an application for
16599+a license to carry a concealed handgun pursuant to K.S.A. 75-7c03, and
16600+amendments thereto.
864516601 (b) "Attorney general" means the attorney general of the state of
864616602 Kansas.
8647-(b)(c) "Handgun" means a "firearm," as defined in K.S.A. 75-
8648-7b01, and amendments thereto.
16603+(b)(c) "Handgun" means a "firearm," as defined in K.S.A. 75-7b01,
16604+and amendments thereto.
864916605 (c)(d) "Athletic event" means athletic instruction, practice or
865016606 competition held at any location and including any number of athletes.
865116607 (d)(e) "Dependent" means a resident of the household of an active
8652-duty member of any branch of the armed forces of the United States
8653-who depends in whole or in substantial part upon the member for
8654-financial support.
8655-(e)(f) "License" means a provisional or standard license issued by
8656-the attorney general pursuant to K.S.A. 75-7c03, and amendments
8657-thereto.
16608+duty member of any branch of the armed forces of the United States who
16609+depends in whole or in substantial part upon the member for financial
16610+support.
16611+(e)(f) "License" means a provisional or standard license issued by the
16612+attorney general pursuant to K.S.A. 75-7c03, and amendments thereto.
865816613 Sec. 91. K.S.A. 2023 Supp. 75-7c05 is hereby amended to read as
8659-follows: 75-7c05. (a) The application for a license pursuant to this act
8660-shall be completed, under oath, on a form prescribed by the attorney
8661-general and shall only include:
8662-(1) (A) Subject to the provisions of subsection (a)(1)(B), the
8663-name, address, social security number, Kansas driver's license number
8664-or Kansas nondriver's license identification number, place and date of
8665-birth, a photocopy of the applicant's driver's license or nondriver's
8666-identification card and a photocopy of the applicant's certificate of
8667-training course completion; (B) in the case of an applicant who presents
8668-proof that such person is on active duty with any branch of the armed
8669-forces of the United States, or is the dependent of such a person, and
8670-who does not possess a Kansas driver's license or Kansas nondriver's
8671-license identification, the number of such license or identification shall
8672-not be required;
16614+follows: 75-7c05. (a) The application for a license pursuant to this act shall
16615+be completed, under oath, on a form prescribed by the attorney general and
16616+shall only include:
16617+(1) (A) Subject to the provisions of subsection (a)(1)(B), the name,
16618+address, social security number, Kansas driver's license number or Kansas
16619+nondriver's license identification number, place and date of birth, a
16620+photocopy of the applicant's driver's license or nondriver's identification
16621+card and a photocopy of the applicant's certificate of training course
16622+completion; (B) in the case of an applicant who presents proof that such
16623+person is on active duty with any branch of the armed forces of the United
16624+States, or is the dependent of such a person, and who does not possess a
16625+Kansas driver's license or Kansas nondriver's license identification, the
16626+number of such license or identification shall not be required;
867316627 (2) a statement that the applicant is in compliance with criteria
867416628 contained within K.S.A. 75-7c04, and amendments thereto;
8675-(3) a statement that the applicant has been furnished a copy of this
8676-act and is knowledgeable of its provisions;
8677-(4) a conspicuous warning that the application is executed under
8678-oath and that a false answer to any question, or the submission of any
8679-false document by the applicant, subjects the applicant to criminal
8680-prosecution under K.S.A. 21-5903, and amendments thereto; and
8681-(5) a statement that the applicant desires a concealed handgun
8682-license as a means of lawful self-defense. SENATE BILL No. 491—page 148
8683-(b) Except as otherwise provided in subsection (i), the applicant
8684-shall submit to the sheriff of the county where the applicant resides,
8685-during any normal business hours:
16629+(3) a statement that the applicant has been furnished a copy of this act
16630+and is knowledgeable of its provisions;
16631+(4) a conspicuous warning that the application is executed under oath
16632+and that a false answer to any question, or the submission of any false
16633+document by the applicant, subjects the applicant to criminal prosecution
16634+under K.S.A. 21-5903, and amendments thereto; and
16635+(5) a statement that the applicant desires a concealed handgun license
16636+as a means of lawful self-defense.
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16680+(b) Except as otherwise provided in subsection (i), the applicant shall
16681+submit to the sheriff of the county where the applicant resides, during any
16682+normal business hours:
868616683 (1) A completed application described in subsection (a);
868716684 (2) an amount of $32.50 payable to the sheriff of the county where
868816685 the applicant resides for the purpose of covering the cost of taking
868916686 fingerprints pursuant to subsection (c);
869016687 (3) if applicable, a photocopy of the proof of training required by
869116688 K.S.A. 75-7c04(b)(1), and amendments thereto; and
869216689 (4) a full frontal view photograph of the applicant taken within the
869316690 preceding 30 days.
869416691 (c) (1) Except as otherwise provided in subsection (i), the sheriff,
8695-upon receipt of the items listed in subsection (b), shall provide for the
8696-full set of fingerprints of the applicant to be taken and forwarded to the
16692+upon receipt of the items listed in subsection (b), shall provide for the full
16693+set of fingerprints of the applicant to be taken and forwarded to the
869716694 attorney general for purposes of a criminal history records check as
869816695 provided by subsection (d). In addition, the sheriff shall forward the
8699-application to the attorney general. Notwithstanding any provision in
8700-this section to the contrary, an applicant shall not be required to submit
16696+application to the attorney general. Notwithstanding any provision in this
16697+section to the contrary, an applicant shall not be required to submit
870116698 fingerprints for a renewal application under K.S.A. 75-7c08, and
870216699 amendments thereto.
8703-(2) The sheriff of the applicant's county of residence or the chief
8704-law enforcement officer of any law enforcement agency, at the sheriff's
8705-or chief law enforcement officer's discretion, may participate in the
8706-process by submitting a voluntary report to the attorney general
8707-containing readily discoverable information, corroborated through
8708-public records, which, when combined with another enumerated factor,
8709-establishes that the applicant poses a significantly greater threat to law
8710-enforcement or the public at large than the average citizen. Any such
8711-voluntary reporting shall be made within 45 days after the date the
8712-sheriff receives the application. Any sheriff or chief law enforcement
8713-officer submitting a voluntary report shall not incur any civil or
8714-criminal liability as the result of the good faith submission of such
8715-report.
8716-(3) All funds retained by the sheriff pursuant to the provisions of
8717-this section shall be credited to a special fund of the sheriff's office
8718-which shall be used solely for the purpose of administering this act.
16700+(2) The sheriff of the applicant's county of residence or the chief law
16701+enforcement officer of any law enforcement agency, at the sheriff's or chief
16702+law enforcement officer's discretion, may participate in the process by
16703+submitting a voluntary report to the attorney general containing readily
16704+discoverable information, corroborated through public records, which,
16705+when combined with another enumerated factor, establishes that the
16706+applicant poses a significantly greater threat to law enforcement or the
16707+public at large than the average citizen. Any such voluntary reporting shall
16708+be made within 45 days after the date the sheriff receives the application.
16709+Any sheriff or chief law enforcement officer submitting a voluntary report
16710+shall not incur any civil or criminal liability as the result of the good faith
16711+submission of such report.
16712+(3) All funds retained by the sheriff pursuant to the provisions of this
16713+section shall be credited to a special fund of the sheriff's office which shall
16714+be used solely for the purpose of administering this act.
871916715 (d) Each applicant shall be subject to a state and national criminal
872016716 history records check which conforms to applicable federal standards,
872116717 including an inquiry of the national instant criminal background check
872216718 system for the purpose of verifying the identity of the applicant and
872316719 whether the applicant has been convicted of any crime or has been the
872416720 subject of any restraining order or any mental health related finding that
8725-would disqualify the applicant from holding a license under this act.
8726-The attorney general is authorized to use the information obtained from
8727-the state or national criminal history record check to determine the
8728-applicant's eligibility for such license in accordance with section 2, and
8729-amendments thereto.
16721+would disqualify the applicant from holding a license under this act. The
16722+attorney general is authorized to use the information obtained from the
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16766+state or national criminal history record check to determine the applicant's
16767+eligibility for such license in accordance with section 2, and amendments
16768+thereto.
873016769 (e) Within 90 days after the date of receipt of the items listed in
873116770 subsection (b), the attorney general shall:
8732-(1) (A) Issue the license and certify the issuance to the department
8733-of revenue; and
8734-(B) if it is impractical for the division of vehicles of the
8735-department of revenue to issue physical cards consistent with the
8736-requirements of this act and the attorney general has determined that
8737-the conditions for such impracticality have existed for at least 30 days,
8738-the attorney general shall issue an authorization document in
8739-accordance with K.S.A. 75-7c03(d), and amendments thereto; or
8740-(2) deny the application based solely on: (A) The report submitted
8741-by the sheriff or other chief law enforcement officer under subsection SENATE BILL No. 491—page 149
8742-(c)(2) for good cause shown therein; or (B) the ground that the
8743-applicant is disqualified under the criteria listed in K.S.A. 75-7c04, and
8744-amendments thereto. If the attorney general denies the application, the
8745-attorney general shall notify the applicant in writing, stating the ground
8746-for denial and informing the applicant the opportunity for a hearing
8747-pursuant to the Kansas administrative procedure act.
16771+(1) (A) Issue the license and certify the issuance to the department of
16772+revenue; and
16773+(B) if it is impractical for the division of vehicles of the department of
16774+revenue to issue physical cards consistent with the requirements of this act
16775+and the attorney general has determined that the conditions for such
16776+impracticality have existed for at least 30 days, the attorney general shall
16777+issue an authorization document in accordance with K.S.A. 75-7c03(d),
16778+and amendments thereto; or
16779+(2) deny the application based solely on: (A) The report submitted by
16780+the sheriff or other chief law enforcement officer under subsection (c)(2)
16781+for good cause shown therein; or (B) the ground that the applicant is
16782+disqualified under the criteria listed in K.S.A. 75-7c04, and amendments
16783+thereto. If the attorney general denies the application, the attorney general
16784+shall notify the applicant in writing, stating the ground for denial and
16785+informing the applicant the opportunity for a hearing pursuant to the
16786+Kansas administrative procedure act.
874816787 (f) No person who is issued a license or has such license renewed
8749-shall be required to pay a fee for the cost of the license or renewal
8750-except as otherwise provided in subsection (b) for the purpose of
8751-covering the cost of taking fingerprints.
8752-(g) (1) A person who is a retired law enforcement officer, as
8753-defined in K.S.A. 21-5111, and amendments thereto, shall be: (A)
8754-Exempt from the required completion of a handgun safety and training
8755-course if such person was certified by the Kansas commission on peace
8756-officer's standards and training, or similar body from another
8757-jurisdiction, not more than eight years prior to submission of the
8758-application; and (B) required to comply with the criminal history
8759-records check requirement of this section.
8760-(2) Proof of retirement as a law enforcement officer shall be
8761-required and provided to the attorney general in the form of a letter
8762-from the agency head, or their designee, of the officer's retiring agency
8763-that attests to the officer having retired in good standing from that
8764-agency as a law enforcement officer for reasons other than mental
8765-instability and that the officer has a nonforfeitable right to benefits
8766-under a retirement plan of the agency.
16788+shall be required to pay a fee for the cost of the license or renewal except
16789+as otherwise provided in subsection (b) for the purpose of covering the
16790+cost of taking fingerprints.
16791+(g) (1) A person who is a retired law enforcement officer, as defined
16792+in K.S.A. 21-5111, and amendments thereto, shall be: (A) Exempt from the
16793+required completion of a handgun safety and training course if such person
16794+was certified by the Kansas commission on peace officer's standards and
16795+training, or similar body from another jurisdiction, not more than eight
16796+years prior to submission of the application; and (B) required to comply
16797+with the criminal history records check requirement of this section.
16798+(2) Proof of retirement as a law enforcement officer shall be required
16799+and provided to the attorney general in the form of a letter from the agency
16800+head, or their designee, of the officer's retiring agency that attests to the
16801+officer having retired in good standing from that agency as a law
16802+enforcement officer for reasons other than mental instability and that the
16803+officer has a nonforfeitable right to benefits under a retirement plan of the
16804+agency.
876716805 (h) A person who is a corrections officer, a parole officer or a
8768-corrections officer employed by the federal bureau of prisons, as
8769-defined by K.S.A. 75-5202, and amendments thereto, shall be: (1)
8770-Exempt from the required completion of a handgun safety and training
8771-course if such person was issued a certificate of firearms training by the
8772-department of corrections or the federal bureau of prisons or similar
8773-body not more than one year prior to submission of the application; and
8774-(2) required to comply with the criminal history records check
8775-requirement of this section.
16806+corrections officer employed by the federal bureau of prisons, as defined
16807+by K.S.A. 75-5202, and amendments thereto, shall be: (1) Exempt from
16808+the required completion of a handgun safety and training course if such
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16852+person was issued a certificate of firearms training by the department of
16853+corrections or the federal bureau of prisons or similar body not more than
16854+one year prior to submission of the application; and (2) required to comply
16855+with the criminal history records check requirement of this section.
877616856 (i) A person who presents proof that such person is on active duty
8777-with any branch of the armed forces of the United States and is
8778-stationed at a United States military installation located outside this
8779-state, may submit by mail an application described in subsection (a)
8780-and the other materials required by subsection (b) to the sheriff of the
8781-county where the applicant resides. Provided the applicant is
8782-fingerprinted at a United States military installation, the applicant may
8783-submit a full set of fingerprints of such applicant along with the
8784-application. Upon receipt of such items, the sheriff shall forward to the
8785-attorney general the application.
16857+with any branch of the armed forces of the United States and is stationed at
16858+a United States military installation located outside this state, may submit
16859+by mail an application described in subsection (a) and the other materials
16860+required by subsection (b) to the sheriff of the county where the applicant
16861+resides. Provided the applicant is fingerprinted at a United States military
16862+installation, the applicant may submit a full set of fingerprints of such
16863+applicant along with the application. Upon receipt of such items, the
16864+sheriff shall forward to the attorney general the application.
878616865 Sec. 92. K.S.A. 75-7e01 is hereby amended to read as follows: 75-
8787-7e01. As used in K.S.A. 75-7e01 through 75-7e09 and K.S.A. 2023
8788-Supp. 50-6,141, and amendments thereto:
16866+7e01. As used in K.S.A. 75-7e01 through 75-7e09 and K.S.A. 2023 Supp.
16867+50-6,141, and amendments thereto:
878916868 (a) "Surety" means a person or commercial surety, other than a
879016869 defendant in a criminal proceeding, that guarantees the appearance of a
879116870 defendant in a criminal proceeding, by executing an appearance bond.
879216871 (b) "Bail agent" means a person authorized by a surety to execute
879316872 surety bail bonds on its behalf.
879416873 (c) "Bail enforcement agent" means a person not performing the
879516874 duties of a law enforcement officer who tracks down, captures and
8796-surrenders to the custody of a court a fugitive who has violated a surety
8797-or bail bond agreement, commonly referred to as a bounty hunter.
8798-(d) "Applicant" means a person who has submitted an application
8799-for licesure as a bail enforcement agent pursuant to this act.
8800-Sec. 93. K.S.A. 75-7e03 is hereby amended to read as follows: 75- SENATE BILL No. 491—page 150
16875+surrenders to the custody of a court a fugitive who has violated a surety or
16876+bail bond agreement, commonly referred to as a bounty hunter.
16877+(d) "Applicant" means a person who has submitted an application for
16878+licesure as a bail enforcement agent pursuant to this act.
16879+Sec. 93. K.S.A. 75-7e03 is hereby amended to read as follows: 75-
880116880 7e03. (a) Every person desiring to be licensed in Kansas as a bail
880216881 enforcement agent shall make application to the attorney general. An
880316882 application for a bail enforcement agent license shall be on a form
880416883 prescribed by the attorney general and accompanied by the required
8805-application fee. An application shall be verified under penalty of
8806-perjury and shall include:
16884+application fee. An application shall be verified under penalty of perjury
16885+and shall include:
880716886 (1) The full name and business address of the applicant;
8808-(2) two photographs of the applicant taken within 30 days before
8809-the date of application, of a type prescribed by the attorney general;
16887+(2) two photographs of the applicant taken within 30 days before the
16888+date of application, of a type prescribed by the attorney general;
881016889 (3) a statement of the applicant's employment history;
881116890 (4) a statement of the applicant's criminal history, if any; and
881216891 (5) one classifiable set of the applicant's fingerprints.
881316892 (b) (1) Fingerprints submitted pursuant to this section shall be
8814-released by the attorney general to the Kansas bureau of investigation
8815-for the purpose of conducting a state and national criminal history
8816-records checks record check in accordance with section 2, and
8817-amendments thereto, utilizing the files and records of the Kansas
8818-bureau of investigation and the federal bureau of investigation.
16893+released by the attorney general to the Kansas bureau of investigation for
16894+the purpose of conducting criminal history records checks in accordance
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16938+with section 2, and amendments thereto, utilizing the files and records of
16939+the Kansas bureau of investigation and the federal bureau of investigation.
881916940 (2) Each applicant shall be subject to a state and national criminal
8820-history records check which conforms to applicable federal standards
8821-for the purpose of verifying the identity of the applicant and whether
8822-the applicant has been convicted of any crime that would disqualify the
16941+history records check which conforms to applicable federal standards for
16942+the purpose of verifying the identity of the applicant and whether the
16943+applicant has been convicted of any crime that would disqualify the
882316944 applicant from being licensed as a bail enforcement agent under K.S.A.
882416945 75-7e01 through 75-7e09 and K.S.A. 2023 Supp. 50-6,141, and
882516946 amendments thereto. The attorney general is authorized to use the
8826-information obtained from the state and national criminal history
8827-records check to determine the applicant's eligibility for such license.
16947+information obtained from the state and national criminal history records
16948+check to determine the applicant's eligibility for such license.
882816949 (3) Each applicant shall pay a fee for the criminal history records
882916950 check in an amount necessary to reimburse the attorney general for the
8830-cost of the criminal history records check. Such fee shall be in an
8831-amount fixed by the attorney general pursuant to K.S.A. 75-7e08, and
8832-amendments thereto, and shall be in addition to the applicable original
8833-or renewal application fee amount fixed by the attorney general
8834-pursuant to K.S.A. 75-7e08, and amendments thereto.
8835-(c) In accordance with the Kansas administrative procedure act,
8836-the attorney general may deny a license if the applicant has:
8837-(1) Committed any act on or after July 1, 2016, which, if
8838-committed by a licensee, would be grounds for the censure, limitation,
8839-conditioning, suspension or revocation of a license under K.S.A. 75-
8840-7e01 through 75-7e09 and K.S.A. 2023 Supp. 50-6,141, and
8841-amendments thereto;
16951+cost of the criminal history records check. Such fee shall be in an amount
16952+fixed by the attorney general pursuant to K.S.A. 75-7e08, and amendments
16953+thereto, and shall be in addition to the applicable original or renewal
16954+application fee amount fixed by the attorney general pursuant to K.S.A.
16955+75-7e08, and amendments thereto.
16956+(c) In accordance with the Kansas administrative procedure act, the
16957+attorney general may deny a license if the applicant has:
16958+(1) Committed any act on or after July 1, 2016, which, if committed
16959+by a licensee, would be grounds for the censure, limitation, conditioning,
16960+suspension or revocation of a license under K.S.A. 75-7e01 through 75-
16961+7e09 and K.S.A. 2023 Supp. 50-6,141, and amendments thereto;
884216962 (2) been convicted of a felony, unless such conviction has been
884316963 expunged;
884416964 (3) in the 10 years immediately preceding the submission of the
884516965 application, been convicted of an offense classified as a person
884616966 misdemeanor offense, or a substantially similar offense from another
884716967 jurisdiction, unless such conviction has been expunged;
8848-(4) while unlicensed, committed or aided and abetted the
8849-commission of any act for which a license is required by K.S.A. 75-
8850-7e01 through 75-7e09 and K.S.A. 2023 Supp. 50-6,141, and
8851-amendments thereto; or
16968+(4) while unlicensed, committed or aided and abetted the commission
16969+of any act for which a license is required by K.S.A. 75-7e01 through 75-
16970+7e09 and K.S.A. 2023 Supp. 50-6,141, and amendments thereto; or
885216971 (5) knowingly made any false statement in the application.
8853-(d) The attorney general may charge a fee for initial application
8854-forms and materials in an amount fixed by the attorney general
8855-pursuant to K.S.A. 75-7e08, and amendments thereto. Such fee shall be
8856-credited against the application fee of any person who subsequently
8857-submits an application.
16972+(d) The attorney general may charge a fee for initial application forms
16973+and materials in an amount fixed by the attorney general pursuant to
16974+K.S.A. 75-7e08, and amendments thereto. Such fee shall be credited
16975+against the application fee of any person who subsequently submits an
16976+application.
885816977 (e) Every application for an initial or a renewal license shall be
8859-accompanied by a fee in an amount fixed by the attorney general SENATE BILL No. 491—page 151
8860-pursuant to K.S.A. 75-7e08, and amendments thereto.
8861-Sec. 94. K.S.A. 75-3707e is hereby amended to read as follows:
8862-75-3707e. (a) As the infrastructure provider for information technology
8863-for the state of Kansas, the office of information technology services
8864-must insure the highest level of information security and privacy in
8865-order to protect law enforcement, state agencies and the citizens of
8866-Kansas. Toward this objective, The department of administration or the
8867-office of information technology services shall require as a condition of
8868-employment that individuals who have unescorted physical access to
8869-the data center, telecommunications facilities and other security
8870-sensitive areas as designated by the secretary of administration or the
8871-executive chief information technology officer sensitive employees to
8872-be fingerprinted, and such fingerprints shall be submitted to the Kansas
8873-bureau of investigation and to the federal bureau of investigation in
8874-accordance with section 2, and amendments thereto, for the purposes of
8875-verifying the identity of such individuals and obtaining records of
8876-criminal arrests and convictions.
8877-(b) As used in this section, "sensitive employee" means a person
8878-who has applied for a position of employment or is currently employed
8879-by the department of administration or the office of information
8880-technology services in a position with unescorted physical access to
8881-any state-operated or contracted data center, telecommunications
8882-facility or other security-sensitive area as designated by the secretary
8883-of administration or the executive chief information technology officer.
8884-Sec. 95. K.S.A. 75-4315d is hereby amended to read as follows:
8885-75-4315d. (a) As used in this section:
16978+accompanied by a fee in an amount fixed by the attorney general pursuant
16979+to K.S.A. 75-7e08, and amendments thereto.
16980+Sec. 94. K.S.A. 75-3707e is hereby amended to read as follows: 75-
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17024+3707e. (a) As the infrastructure provider for information technology for
17025+the state of Kansas, the office of information technology services must
17026+insure the highest level of information security and privacy in order to
17027+protect law enforcement, state agencies and the citizens of Kansas. Toward
17028+this objective, The department of administration or the office of
17029+information technology services shall require as a condition of
17030+employment that individuals who have unescorted physical access to the
17031+data center, telecommunications facilities and other security sensitive areas
17032+as designated by the secretary of administration or the executive chief
17033+information technology officer sensitive employees to be fingerprinted, and
17034+such fingerprints shall be submitted to the Kansas bureau of investigation
17035+and to the federal bureau of investigation in accordance with section 2,
17036+and amendments thereto, for the purposes of verifying the identity of such
17037+individuals and obtaining records of criminal arrests and convictions.
17038+(b) As used in this section, "sensitive employee" means a person who
17039+has applied for a position of employment or is currently employed by the
17040+department of administration or the office of information technology
17041+services in a position with unescorted physical access to any state-
17042+operated or contracted data center, telecommunications facility or other
17043+security-sensitive area as designated by the secretary of administration or
17044+the executive chief information technology officer.
17045+Sec. 95. K.S.A. 75-4315d is hereby amended to read as follows: 75-
17046+4315d. (a) As used in this section:
888617047 (1) "Office" means any state office or board, commission, council,
8887-committee, authority or other governmental body the members of
8888-which are required by law to be appointed by an appointing authority,
8889-and which appointment is subject to confirmation by the senate as
8890-provided in K.S.A. 75-4315b, and amendments thereto.
8891-(2) "Appointing authority" means a person, other than the
8892-governor, who is required by law to make an appointment to an office.
17048+committee, authority or other governmental body the members of which
17049+are required by law to be appointed by an appointing authority, and which
17050+appointment is subject to confirmation by the senate as provided in K.S.A.
17051+75-4315b, and amendments thereto.
17052+(2) "Appointing authority" means a person, other than the governor,
17053+who is required by law to make an appointment to an office.
889317054 (3) "Chairperson" means the chairperson of the confirmation
889417055 oversight committee.
889517056 (4) "Committee" means the confirmation oversight committee
889617057 established by K.S.A. 46-2601, and amendments thereto.
8897-(5) "Director" means the director of the Kansas legislative
8898-research department or the director's designee.
8899-(b) No person may be appointed to an office unless such person
8900-has completed and submitted a nomination form as required by the
8901-rules of the committee. No person may be appointed to an office unless
8902-such person has filed a statement of substantial interest as required by
8903-K.S.A. 46-247, and amendments thereto. A copy of the nomination
8904-form and the statement of substantial interest shall be kept on file in the
8905-office of the director and shall be subject to disclosure under the
8906-Kansas open records act.
8907-(c) No person may be appointed to an office unless such person
8908-has consented to a background investigation conducted by the Kansas
8909-bureau of investigation. No person may be appointed to an office unless
8910-such person is current in the payment of taxes and consents to the
8911-release of a tax certification by the Kansas department of revenue
8912-which states whether such person is, or is not, current in the payment of
8913-taxes.
17058+(5) "Director" means the director of the Kansas legislative research
17059+department or the director's designee.
17060+(b) No person may be appointed to an office unless such person has
17061+completed and submitted a nomination form as required by the rules of the
17062+committee. No person may be appointed to an office unless such person
17063+has filed a statement of substantial interest as required by K.S.A. 46-247,
17064+and amendments thereto. A copy of the nomination form and the statement
17065+of substantial interest shall be kept on file in the office of the director and
17066+shall be subject to disclosure under the Kansas open records act.
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17110+(c) No person may be appointed to an office unless such person has
17111+consented to a background investigation conducted by the Kansas bureau
17112+of investigation. No person may be appointed to an office unless such
17113+person is current in the payment of taxes and consents to the release of a
17114+tax certification by the Kansas department of revenue which states whether
17115+such person is, or is not, current in the payment of taxes.
891417116 (d) Any appointing authority who desires to appoint a person to an
8915-office shall forward to the chairperson a completed copy of the
8916-nomination form, the statement of substantial interest, the consent to
8917-the release of the tax certification and a written request that a
8918-background investigation be conducted on the person nominated for SENATE BILL No. 491—page 152
8919-appointment to an office. Upon receipt of such information, the
8920-chairperson shall forward such information and a written direction to
8921-the director to request the Kansas bureau of investigation to conduct a
8922-background investigation of such nominee in accordance with section
8923-2, and amendments thereto, and to request the Kansas department of
8924-revenue to release the tax certification for such person. Upon written
8925-request of the director and the appointing authority who nominated the
8926-person for appointment to an office, it shall be the duty of the Kansas
8927-bureau of investigation to conduct a background investigation of any
8928-person nominated for appointment to an office. Any person nominated
8929-for appointment to an office shall submit such person's fingerprints to
8930-the Kansas bureau of investigation for the purposes of verifying the
8931-identity of such person and obtaining records of criminal arrests and
8932-convictions. Upon written request of the director, it shall be the duty of
8933-the Kansas department of revenue to release to the director tax
17117+office shall forward to the chairperson a completed copy of the nomination
17118+form, the statement of substantial interest, the consent to the release of the
17119+tax certification and a written request that a background investigation be
17120+conducted on the person nominated for appointment to an office. Upon
17121+receipt of such information, the chairperson shall forward such
17122+information and a written direction to the director to request the Kansas
17123+bureau of investigation to conduct a background investigation of such
17124+nominee in accordance with section 2, and amendments thereto, and to
17125+request the Kansas department of revenue to release the tax certification
17126+for such person. Upon written request of the director and the appointing
17127+authority who nominated the person for appointment to an office, it shall
17128+be the duty of the Kansas bureau of investigation to conduct a background
17129+investigation of any person nominated for appointment to an office. Any
17130+person nominated for appointment to an office shall submit such person's
17131+fingerprints to the Kansas bureau of investigation for the purposes of
17132+verifying the identity of such person and obtaining records of criminal
17133+arrests and convictions. Upon written request of the director, it shall be the
17134+duty of the Kansas department of revenue to release to the director tax
893417135 certification requested pursuant to this section.
8935-(e) The director may receive from the Kansas bureau of
8936-investigation or other criminal justice agencies, including, but not
8937-limited to, the federal bureau of investigation and the federal internal
8938-revenue service, such criminal history record information (including
8939-arrest and nonconviction data), criminal intelligence information and
8940-information relating to criminal and background investigations as
8941-necessary for the purpose of determining qualifications of a person
8942-nominated to be appointed to an office. Upon the written request of the
8943-director, the director may receive from the district courts such
8944-information relating to juvenile proceedings as necessary for the
8945-purpose of determining qualifications of a person nominated to be
8946-appointed to an office.
17136+(e) The director may receive from the Kansas bureau of investigation
17137+or other criminal justice agencies, including, but not limited to, the federal
17138+bureau of investigation and the federal internal revenue service, such
17139+criminal history record information (including arrest and nonconviction
17140+data), criminal intelligence information and information relating to
17141+criminal and background investigations as necessary for the purpose of
17142+determining qualifications of a person nominated to be appointed to an
17143+office. Upon the written request of the director, the director may receive
17144+from the district courts such information relating to juvenile proceedings
17145+as necessary for the purpose of determining qualifications of a person
17146+nominated to be appointed to an office.
894717147 (f)(e) Any information received by the director pursuant to this
894817148 section from the Kansas department of revenue or the Kansas bureau of
8949-investigation shall be kept on file in the office of the director or in a
8950-secure location under the control of the director within the Kansas
8951-legislative research department. After receipt of information, the
8952-director shall notify the appointing authority who nominated the person
8953-for appointment to an office and the nominee that the information is
8954-available for review in the office of the director. Upon the written
8955-request of such appointing authority or the nominee, the director shall
8956-allow such appointing authority and the nominee to review the
8957-information. Such information shall not be removed from the office of
8958-the director and shall not be duplicated or copied in any manner. If the
8959-appointing authority chooses to proceed with the nomination of the
8960-person for appointment to an office, the director shall notify the
8961-chairperson and the vice chairperson of the committee that such
8962-information is available for review by either legislator, or both, upon
17149+investigation shall be kept on file in the office of the director or in a secure
17150+location under the control of the director within the Kansas legislative
17151+research department. After receipt of information, the director shall notify
17152+the appointing authority who nominated the person for appointment to an
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17196+office and the nominee that the information is available for review in the
17197+office of the director. Upon the written request of such appointing
17198+authority or the nominee, the director shall allow such appointing authority
17199+and the nominee to review the information. Such information shall not be
17200+removed from the office of the director and shall not be duplicated or
17201+copied in any manner. If the appointing authority chooses to proceed with
17202+the nomination of the person for appointment to an office, the director
17203+shall notify the chairperson and the vice chairperson of the committee that
17204+such information is available for review by either legislator, or both, upon
896317205 the written request of either legislator, or both.
8964-(g) Any information received by the director pursuant to this
8965-section from the Kansas department of revenue or the Kansas bureau of
8966-investigation, other than conviction data, shall be confidential. Except
8967-as provided by section 22 of article 2 of the Kansas constitution and
8968-subsection (f), such confidential information shall not be disclosed to
8969-any other person. Any other intentional disclosure of such confidential
17206+(g) Any information received by the director pursuant to this section
17207+from the Kansas department of revenue or the Kansas bureau of
17208+investigation, other than conviction data, shall be confidential. Except as
17209+provided by section 22 of article 2 of the Kansas constitution and
17210+subsection (f), such confidential information shall not be disclosed to any
17211+other person. Any other intentional disclosure of such confidential
897017212 information is a class A nonperson misdemeanor. Any person who
897117213 intentionally or unintentionally discloses confidential information in
897217214 violation of this section may be removed from office or employment.
897317215 (h)(f) Any information received by the director pursuant to this
8974-section which relates to a person whose nomination for appointment to
8975-an office is confirmed by the senate as provided by K.S.A. 75-4315b,
8976-and amendments thereto, may be disposed of in the manner provided
8977-by K.S.A. 75-3501 et seq., and amendments thereto. Any information SENATE BILL No. 491—page 153
8978-received by the director pursuant to this section which relates to a
8979-person whose nomination is withdrawn or whose appointment is not
8980-confirmed by the senate as provided by K.S.A. 75-4315b, and
8981-amendments thereto, shall be destroyed by the director. The destruction
8982-of such records shall occur no sooner than one year, and no later than
8983-two years, following the withdrawal of the nomination of the
8984-appointment or the failure of the senate to confirm the appointment of
8985-such person.
8986-Sec. 96. K.S.A. 75-5133c is hereby amended to read as follows:
8987-75-5133c. (a) The secretary of revenue may require, as a qualification
8988-for initial or continuing employment or contracting with the department
8989-of revenue, all persons having access to federal tax information
8990-received directly from the internal revenue service employees to be
8991-fingerprinted and submit to a state and national criminal history record
8992-check. The fingerprints shall be used to identify the person and to
8993-determine whether the person has a record of criminal arrests and
8994-convictions in this state or other jurisdictions. The secretary is
8995-authorized to submit the fingerprints to the Kansas bureau of
8996-investigation and the federal bureau of investigation for a state and
8997-national criminal history record check. Local and state law enforcement
8998-officers and agencies shall assist the secretary in the taking and
8999-processing of fingerprints of such persons and shall release all records
17216+section which relates to a person whose nomination for appointment to an
17217+office is confirmed by the senate as provided by K.S.A. 75-4315b, and
17218+amendments thereto, may be disposed of in the manner provided by
17219+K.S.A. 75-3501 et seq., and amendments thereto. Any information
17220+received by the director pursuant to this section which relates to a person
17221+whose nomination is withdrawn or whose appointment is not confirmed by
17222+the senate as provided by K.S.A. 75-4315b, and amendments thereto, shall
17223+be destroyed by the director. The destruction of such records shall occur no
17224+sooner than one year, and no later than two years, following the
17225+withdrawal of the nomination of the appointment or the failure of the
17226+senate to confirm the appointment of such person.
17227+Sec. 96. K.S.A. 75-5133c is hereby amended to read as follows: 75-
17228+5133c. (a) The secretary of revenue may require, as a qualification for
17229+initial or continuing employment or contracting with the department of
17230+revenue, all persons having access to federal tax information received
17231+directly from the internal revenue service employees to be fingerprinted
17232+and submit to a state and national criminal history record check. The
17233+fingerprints shall be used to identify the person and to determine whether
17234+the person has a record of criminal arrests and convictions in this state or
17235+other jurisdictions. The secretary is authorized to submit the fingerprints to
17236+the Kansas bureau of investigation and the federal bureau of investigation
17237+for a state and national criminal history record check. Local and state law
17238+enforcement officers and agencies shall assist the secretary in the taking
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17282+and processing of fingerprints of such persons and shall release all records
900017283 of a person's arrests and convictions to the secretary.
900117284 (b) The secretary may use the information obtained from
900217285 fingerprinting and a person's criminal history only for the purposes of
9003-verifying the identification of such person and in the official
9004-determination of the fitness of such person's qualification for initial or
9005-continuing employment. Disclosure or use of any information received
9006-by the secretary or a designee of the secretary for any purpose other
9007-than the purpose provided for in this section shall be a class A
9008-nonperson misdemeanor and shall constitute grounds for removal from
9009-office or termination of employment. Nothing in this section shall
9010-prevent disclosure of any information received by the secretary
9011-pursuant to this section to the post auditor in accordance with the
9012-provisions of the legislative post audit act.
17286+verifying the identification of such person and in the official determination
17287+of the fitness of such person's qualification for initial or continuing
17288+employment. Disclosure or use of any information received by the
17289+secretary or a designee of the secretary for any purpose other than the
17290+purpose provided for in this section shall be a class A nonperson
17291+misdemeanor and shall constitute grounds for removal from office or
17292+termination of employment. Nothing in this section shall prevent
17293+disclosure of any information received by the secretary pursuant to this
17294+section to the post auditor in accordance with the provisions of the
17295+legislative post audit act.
901317296 (b) As used in this subsection, "employee" means a person who
901417297 makes an application for employment or is currently employed or
9015-contracting with the department of revenue who has access to federal
9016-tax information received directly from the internal revenue service.
17298+contracting with the department of revenue who has access to federal tax
17299+information received directly from the internal revenue service.
901717300 (c) Whenever the secretary requires fingerprinting, any associated
901817301 costs shall be paid by the agency or contractor employee.
901917302 Sec. 97. K.S.A. 75-5156 is hereby amended to read as follows: 75-
9020-5156. (a) (1) The division of vehicles of the department of revenue
9021-shall subject all persons and examiners authorized to manufacture,
9022-produce or issue drivers' licenses and identification cards employees to
9023-appropriate security clearance requirements, as defined by rules and
9024-regulations adopted by the secretary of revenue. To insure appropriate
9025-security clearance requirements, the division of vehicles may require
9026-fingerprinting of any person authorized to manufacture, produce or
9027-issue drivers' licenses and identification cards employees in accordance
9028-with section 2, and amendments thereto. The division of vehicles may
9029-submit such fingerprints to the Kansas bureau of investigation, federal
9030-bureau of investigation or other law enforcement agency for the
9031-purposes of verifying identity, level of security risk and obtaining
9032-records of criminal arrests and convictions. Any person who is
9033-determined to be a security risk by the division of vehicles shall not be
9034-eligible to manufacture, produce or issue drivers' licenses or
17303+5156. (a) (1) The division of vehicles of the department of revenue shall
17304+subject all persons and examiners authorized to manufacture, produce or
17305+issue drivers' licenses and identification cards employees to appropriate
17306+security clearance requirements, as defined by rules and regulations
17307+adopted by the secretary of revenue. To insure appropriate security
17308+clearance requirements, the division of vehicles may require fingerprinting
17309+of any person authorized to manufacture, produce or issue drivers' licenses
17310+and identification cards employees in accordance with section 2, and
17311+amendments thereto. The division of vehicles may submit such
17312+fingerprints to the Kansas bureau of investigation, federal bureau of
17313+investigation or other law enforcement agency for the purposes of
17314+verifying identity, level of security risk and obtaining records of criminal
17315+arrests and convictions. Any person who is determined to be a security risk
17316+by the division of vehicles shall not be eligible to manufacture, produce or
17317+issue drivers' licenses or identification cards.
17318+(2) For the purposes of this subsection, "employee" means a person
17319+authorized to manufacture, produce or issue driver's licenses and
903517320 identification cards.
9036-(2) For the purposes of this subsection, "employee" means a SENATE BILL No. 491—page 154
9037-person authorized to manufacture, produce or issue driver's licenses
9038-and identification cards.
903917321 (b) The division of vehicles shall establish training programs for
9040-employees who engage in the issuance of drivers' license and
9041-identification cards regarding document recognition and federal rules
9042-used to determine lawful presence.
17322+employees who engage in the issuance of drivers' license and identification
17323+cards regarding document recognition and federal rules used to determine
17324+lawful presence.
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904317368 (c) The division of vehicles shall ensure the physical security of
9044-locations where drivers' licenses and identification cards are produced
9045-and the security of document materials and papers from which drivers'
9046-licenses and identification cards are produced.
17369+locations where drivers' licenses and identification cards are produced and
17370+the security of document materials and papers from which drivers' licenses
17371+and identification cards are produced.
904717372 (d) In the event that a social security account number is already
9048-registered or associated with another person to whom any state has
9049-issued a driver's license or identification card, the division of vehicles
9050-shall resolve the discrepancy and take appropriate action.
9051-(e) The division of vehicles shall retain any documentation
9052-presented to secure a license or identification card when the division of
9053-vehicles has reasonable grounds to believe the documentation or the
9054-application is fraudulent.
17373+registered or associated with another person to whom any state has issued
17374+a driver's license or identification card, the division of vehicles shall
17375+resolve the discrepancy and take appropriate action.
17376+(e) The division of vehicles shall retain any documentation presented
17377+to secure a license or identification card when the division of vehicles has
17378+reasonable grounds to believe the documentation or the application is
17379+fraudulent.
905517380 (f) The division of vehicles may disclose motor vehicle records,
9056-including photographs or digital images maintained in connection with
9057-the issuance of drivers' licenses, to any federal, state or local agency,
9058-including any court or law enforcement agency, to assist such agency in
9059-carrying out the functions required of such governmental agency. In
9060-January of each year, the division shall report to the house committee
9061-on veterans, military and homeland security regarding the utilization of
9062-the provisions of this subsection.
9063-Sec. 98. K.S.A. 2023 Supp. 75-5393a is hereby amended to read
9064-as follows: 75-5393a. (a) A person seeking to interpret under K.S.A.
9065-75-4355a through 75-4355d, and amendments thereto, and K.S.A. 2023
9066-Supp. 75-5393a through 75-5393d and 75-5397f, and amendments
9067-thereto, or to comply with any state or federal law or rules and
9068-regulations shall obtain registration in accordance with this section.
9069-(b) To obtain registration as an interpreter, an applicant shall
9070-submit an application on a form and in a manner prescribed by the
9071-commission and shall pay the registration fee determined by the
9072-commission in rules and regulations. The commission may grant
9073-registration to any person who:
17381+including photographs or digital images maintained in connection with the
17382+issuance of drivers' licenses, to any federal, state or local agency, including
17383+any court or law enforcement agency, to assist such agency in carrying out
17384+the functions required of such governmental agency. In January of each
17385+year, the division shall report to the house committee on veterans, military
17386+and homeland security regarding the utilization of the provisions of this
17387+subsection.
17388+Sec. 98. K.S.A. 2023 Supp. 75-5393a is hereby amended to read as
17389+follows: 75-5393a. (a) A person seeking to interpret under K.S.A. 75-
17390+4355a through 75-4355d, and amendments thereto, and K.S.A. 2023 Supp.
17391+75-5393a through 75-5393d and 75-5397f, and amendments thereto, or to
17392+comply with any state or federal law or rules and regulations shall obtain
17393+registration in accordance with this section.
17394+(b) To obtain registration as an interpreter, an applicant shall submit
17395+an application on a form and in a manner prescribed by the commission
17396+and shall pay the registration fee determined by the commission in rules
17397+and regulations. The commission may grant registration to any person
17398+who:
907417399 (1) Has obtained a high school diploma or its equivalent;
907517400 (2) is 18 years of age or older;
9076-(3) has no other record of disqualifying conduct as determined by
9077-the commission; and
17401+(3) has no other record of disqualifying conduct as determined by the
17402+commission; and
907817403 (4) has obtained a certification or other appropriate credentials as
907917404 determined by the commission.
9080-(c) (1) The commission may grant registration as an interpreter to
9081-an applicant who has been duly licensed or registered as an interpreter
9082-by examination under the laws of another state, territory or the District
9083-of Columbia if, in the opinion of the commission, the applicant
9084-substantially meets the qualifications for registration as an interpreter in
9085-this state. The applicant shall provide satisfactory evidence of
9086-verification of the applicant's licensure or registration from the original
9087-state of licensure or registration.
17405+(c) (1) The commission may grant registration as an interpreter to an
17406+applicant who has been duly licensed or registered as an interpreter by
17407+examination under the laws of another state, territory or the District of
17408+Columbia if, in the opinion of the commission, the applicant substantially
17409+meets the qualifications for registration as an interpreter in this state. The
17410+applicant shall provide satisfactory evidence of verification of the
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17454+applicant's licensure or registration from the original state of licensure or
17455+registration.
908817456 (2) The commission may grant temporary registration to a
908917457 nonresident interpreter who holds a certificate or license in such
909017458 interpreter's state of residence. An interpreter granted a temporary
9091-registration shall not interpret more than 20 separate days in a year in
9092-this state.
9093-(d) (1) Registrations issued under this section shall expire on the
9094-date established by rules and regulations of the commission unless
9095-revoked prior to that time. The commission shall send a notice for SENATE BILL No. 491—page 155
9096-renewal of registration to every interpreter at least 60 calendar days
9097-prior to the expiration date of such person's registration.
17459+registration shall not interpret more than 20 separate days in a year in this
17460+state.
17461+(d) (1) Registrations issued under this section shall expire on the date
17462+established by rules and regulations of the commission unless revoked
17463+prior to that time. The commission shall send a notice for renewal of
17464+registration to every interpreter at least 60 calendar days prior to the
17465+expiration date of such person's registration.
909817466 (2) (A) A registered interpreter shall have a grace period of 30
909917467 calendar days after a registration has expired to renew such registration
9100-without a late fee. The commission may charge a late fee for any
9101-renewal application received after such grace period. The commission
9102-shall determine the amount of the late fee in rules and regulations, but
9103-such fee shall not exceed $200.
17468+without a late fee. The commission may charge a late fee for any renewal
17469+application received after such grace period. The commission shall
17470+determine the amount of the late fee in rules and regulations, but such fee
17471+shall not exceed $200.
910417472 (B) An interpreter whose registration has expired after failing to
9105-submit a renewal application may renew registration upon payment of
9106-the late fee and submission of satisfactory evidence of completion of
17473+submit a renewal application may renew registration upon payment of the
17474+late fee and submission of satisfactory evidence of completion of
910717475 continuing education requirements established by the commission. For
9108-renewals of expired registrations, the commission may require
9109-additional testing, training or education to establish the interpreter's
9110-present ability to perform the functions and responsibilities of an
9111-interpreter.
9112-(3) An interpreter, as a condition for renewal of a registration,
9113-shall attend not less than 30 hours of continuing education
9114-programming within a two-year period. Upon receipt of such
9115-application, payment of fee and evidence of satisfactory completion of
9116-the required continuing education, the commission shall verify the
9117-accuracy of the application and grant renewal of the registration.
9118-(e) (1) The commission may require an applicant for registration
9119-as an interpreter to be fingerprinted and to submit to a state and national
17476+renewals of expired registrations, the commission may require additional
17477+testing, training or education to establish the interpreter's present ability to
17478+perform the functions and responsibilities of an interpreter.
17479+(3) An interpreter, as a condition for renewal of a registration, shall
17480+attend not less than 30 hours of continuing education programming within
17481+a two-year period. Upon receipt of such application, payment of fee and
17482+evidence of satisfactory completion of the required continuing education,
17483+the commission shall verify the accuracy of the application and grant
17484+renewal of the registration.
17485+(e) (1) The commission may require an applicant for registration as
17486+an interpreter to be fingerprinted and to submit to a state and national
912017487 criminal history record check in accordance with section 2, and
912117488 amendments thereto. The fingerprints shall be used to identify the
9122-applicant and to determine whether the applicant has a record of
9123-criminal history in this state or another jurisdiction. The commission is
9124-authorized to submit the fingerprints to the Kansas bureau of
9125-investigation and the federal bureau of investigation for a state and
9126-national criminal history record check. The commission may use the
9127-information obtained from fingerprinting and the applicant's criminal
9128-history for purposes of verifying the identification of the applicant and
9129-making the official determination of the qualifications and fitness of the
9130-application to be issued or maintain registration.
9131-(2) Local and state law enforcement officers and agencies shall
9132-assist the commission in taking the fingerprints of applicants for
9133-registration. Local and state law enforcement officers and agencies may
9134-charge a fee as reimbursement for expenses incurred in taking and
9135-processing fingerprints under this section. The Kansas bureau of
9136-investigation shall release all records of an applicant's adult convictions
9137-to the commission.
9138-(3) The commission may fix and collect a fee for fingerprinting
9139-and conducting a state and national criminal history record check of
9140-applicants or registrants as may be required by the commission in an
9141-amount equal to the cost of fingerprinting and the criminal history
9142-record check.
17489+applicant and to determine whether the applicant has a record of criminal
17490+history in this state or another jurisdiction. The commission is authorized
17491+to submit the fingerprints to the Kansas bureau of investigation and the
17492+federal bureau of investigation for a state and national criminal history
17493+record check. The commission may use the information obtained from
17494+fingerprinting and the applicant's criminal history for purposes of verifying
17495+the identification of the applicant and making the official determination of
17496+the qualifications and fitness of the application to be issued or maintain
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17540+registration.
17541+(2) Local and state law enforcement officers and agencies shall assist
17542+the commission in taking the fingerprints of applicants for registration.
17543+Local and state law enforcement officers and agencies may charge a fee as
17544+reimbursement for expenses incurred in taking and processing fingerprints
17545+under this section. The Kansas bureau of investigation shall release all
17546+records of an applicant's adult convictions to the commission.
17547+(3) The commission may fix and collect a fee for fingerprinting and
17548+conducting a state and national criminal history record check of applicants
17549+or registrants as may be required by the commission in an amount equal to
17550+the cost of fingerprinting and the criminal history record check.
914317551 (f) The commission may refuse to issue, renew or reinstate a
9144-registration, may condition, limit, revoke or suspend the registration of
9145-any individual if the applicant or registrant:
17552+registration, may condition, limit, revoke or suspend the registration of any
17553+individual if the applicant or registrant:
914617554 (1) Has been found incompetent or negligent in the practice of
914717555 interpreting;
9148-(2) has been convicted of a felony offense or a misdemeanor
9149-against persons and has not demonstrated to the commission's
9150-satisfaction that such person has been sufficiently rehabilitated to merit
9151-the public trust;
17556+(2) has been convicted of a felony offense or a misdemeanor against
17557+persons and has not demonstrated to the commission's satisfaction that
17558+such person has been sufficiently rehabilitated to merit the public trust;
915217559 (3) submits an application that contains false, misleading or
915317560 incomplete information;
9154-(4) fails or refuses to provide any information requested by the SENATE BILL No. 491—page 156
17561+(4) fails or refuses to provide any information requested by the
915517562 commission;
915617563 (5) fails or refuses to pay the required fees;
9157-(6) is currently listed on a child abuse registry or an adult
9158-protective services registry as the result of a substantiated finding of
9159-abuse or neglect by any state agency, agency of another state or the
9160-United States, territory of the United States or another country, and the
9161-applicant or registrant has not demonstrated to the commission's
9162-satisfaction that such person has been sufficiently rehabilitated to merit
9163-the public trust; or
17564+(6) is currently listed on a child abuse registry or an adult protective
17565+services registry as the result of a substantiated finding of abuse or neglect
17566+by any state agency, agency of another state or the United States, territory
17567+of the United States or another country, and the applicant or registrant has
17568+not demonstrated to the commission's satisfaction that such person has
17569+been sufficiently rehabilitated to merit the public trust; or
916417570 (7) has had a license, registration or certificate to practice as an
9165-interpreter revoked, suspended or limited, or has been the subject of
9166-other disciplinary action, or an application for a license, registration or
17571+interpreter revoked, suspended or limited, or has been the subject of other
17572+disciplinary action, or an application for a license, registration or
916717573 certificate denied, by the proper regulatory authority of another state,
916817574 territory, District of Columbia, or other country, a certified copy of the
916917575 record of the action of the other jurisdiction being conclusive evidence
917017576 thereof.
917117577 (g) Administrative proceedings and disciplinary actions regarding
917217578 interpreter registration under K.S.A. 2023 Supp. 75-5393a through 75-
9173-5393c, and amendments thereto, shall be conducted in accordance with
9174-the Kansas administrative procedure act. Judicial review and civil
9175-enforcement of agency actions under K.S.A. 2023 Supp. 75-5393a
9176-through 75-5393c, and amendments thereto, shall be in accordance with
9177-the Kansas judicial review act.
17579+5393c, and amendments thereto, shall be conducted in accordance with the
17580+Kansas administrative procedure act. Judicial review and civil enforcement
17581+of agency actions under K.S.A. 2023 Supp. 75-5393a through 75-5393c,
17582+and amendments thereto, shall be in accordance with the Kansas judicial
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17626+review act.
917817627 (h) The executive director of the commission shall adopt rules and
917917628 regulations to effectuate the provisions of this section. Such rules and
918017629 regulations may include, but not be limited to:
9181-(1) Fees, including, but not limited to, registration fees and late
9182-fees, that are necessary to fund the expenses and operating costs
9183-incurred in the administration and enforcement of this section;
17630+(1) Fees, including, but not limited to, registration fees and late fees,
17631+that are necessary to fund the expenses and operating costs incurred in the
17632+administration and enforcement of this section;
918417633 (2) categories of interpreter certification and interpreter
918517634 endorsements, including necessary credentials or qualifications;
918617635 (3) continuing education requirements and programs for registered
918717636 interpreters;
918817637 (4) a code of professional conduct;
918917638 (5) a supervision and mentorship requirements and programs for
919017639 interpreters with provisional registration;
919117640 (6) suspension or revocation of interpreter registration; and
919217641 (7) any other matter deemed necessary by the executive director to
919317642 implement and administer this section.
9194-Sec. 99. K.S.A. 2023 Supp. 75-5393c is hereby amended to read
9195-as follows: 75-5393c. (a) The commission shall develop and administer
9196-a program to provide guidelines for the utilitization of communication
17643+Sec. 99. K.S.A. 2023 Supp. 75-5393c is hereby amended to read as
17644+follows: 75-5393c. (a) The commission shall develop and administer a
17645+program to provide guidelines for the utilitization of communication
919717646 access services, communication access service providers and interpreter
919817647 service agencies. The executive director of the commission may adopt
9199-rules and regulations to effectuate the provisions of this section. Such
9200-rules and regulations may include, but not be limited to:
9201-(1) Fees necessary to fund the expenses and operating costs
9202-incurred in the administration and enforcement of this section;
17648+rules and regulations to effectuate the provisions of this section. Such rules
17649+and regulations may include, but not be limited to:
17650+(1) Fees necessary to fund the expenses and operating costs incurred
17651+in the administration and enforcement of this section;
920317652 (2) determination of the qualifications of communication access
920417653 service providers; 
9205-(3) minimum standards of training of communication access
9206-service providers;
17654+(3) minimum standards of training of communication access service
17655+providers;
920717656 (4) registration of communication access service providers and
920817657 interpreter service agencies;
9209-(5) a code of professional conduct governing communication
9210-access service providers;
9211-(6) standards for equipment or technology supporting
9212-communication access services;
9213-(7) a system of statewide coordination of communication access SENATE BILL No. 491—page 157
17658+(5) a code of professional conduct governing communication access
17659+service providers;
17660+(6) standards for equipment or technology supporting communication
17661+access services;
17662+(7) a system of statewide coordination of communication access
921417663 services; and
921517664 (8) any other matter that the executive director deems necessary to
921617665 effectuate the provisions of this section.
9217-(b) (1) The commission may require communication access
9218-service providers to be fingerprinted and to submit to a state and
9219-national criminal history record check in accordance with section 2,
9220-and amendments thereto. The fingerprints shall be used to identify the
9221-applicant and to determine whether the applicant has a record of
9222-criminal history in this state or another jurisdiction. The commission is
9223-authorized to submit the fingerprints to the Kansas bureau of
9224-investigation and the federal bureau of investigation for a state and
9225-national criminal history record check. The commission may use the
9226-information obtained from fingerprinting and the applicant's criminal
9227-history for purposes of verifying the identification of any individual
9228-and in the official determination of the qualifications and fitness of the
9229-individual to provide communication access services.
9230-(2) Local and state law enforcement officers and agencies shall
9231-assist the commission in taking the fingerprints of individuals. Local
9232-and state law enforcement officers and agencies may charge a fee as
9233-reimbursement for expenses incurred in taking and processing
9234-fingerprints under this section. The Kansas bureau of investigation shall
9235-release all records of an individual's adult convictions to the
9236-commission.
9237-(3) The commission may fix and collect a fee for fingerprinting
9238-and conducting a state and national criminal history record check of
9239-individuals pursuant to this section as may be required by the
9240-commission in an amount equal to the cost of fingerprinting and the
9241-criminal history record check.
9242-Sec. 100. K.S.A. 2023 Supp. 75-5397f is hereby amended to read
9243-as follows: 75-5397f. As used in K.S.A 75-4355a through 75-4355d,
9244-and amendments thereto, and K.S.A. 2023 Supp. 75-5393a through 75-
9245-5393d and 75-5397f, and amendments thereto:
9246-(a) "Applicant" means a person who has submitted an application
9247-for registration as an interpreter.
17666+(b) (1) The commission may require communication access service
17667+providers to be fingerprinted and to submit to a state and national criminal
17668+history record check in accordance with section 2, and amendments
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17712+thereto. The fingerprints shall be used to identify the applicant and to
17713+determine whether the applicant has a record of criminal history in this
17714+state or another jurisdiction. The commission is authorized to submit the
17715+fingerprints to the Kansas bureau of investigation and the federal bureau of
17716+investigation for a state and national criminal history record check. The
17717+commission may use the information obtained from fingerprinting and the
17718+applicant's criminal history for purposes of verifying the identification of
17719+any individual and in the official determination of the qualifications and
17720+fitness of the individual to provide communication access services.
17721+(2) Local and state law enforcement officers and agencies shall assist
17722+the commission in taking the fingerprints of individuals. Local and state
17723+law enforcement officers and agencies may charge a fee as reimbursement
17724+for expenses incurred in taking and processing fingerprints under this
17725+section. The Kansas bureau of investigation shall release all records of an
17726+individual's adult convictions to the commission.
17727+(3) The commission may fix and collect a fee for fingerprinting and
17728+conducting a state and national criminal history record check of
17729+individuals pursuant to this section as may be required by the commission
17730+in an amount equal to the cost of fingerprinting and the criminal history
17731+record check.
17732+Sec. 100. K.S.A. 2023 Supp. 75-5397f is hereby amended to read as
17733+follows: 75-5397f. As used in K.S.A 75-4355a through 75-4355d, and
17734+amendments thereto, and K.S.A. 2023 Supp. 75-5393a through 75-5393d
17735+and 75-5397f, and amendments thereto:
17736+(a) "Applicant" means a person who has submitted an application for
17737+registration as an interpreter.
924817738 (b) "Commission" means the Kansas commission for the deaf and
924917739 hard of hearing.
9250-(b)(c) "Communication access services" includes, but is not
9251-limited to:
17740+(b)(c) "Communication access services" includes, but is not limited
17741+to:
925217742 (1) Communication access realtime translation services;
925317743 (2) notetakers;
925417744 (3) open and closed captioning services;
925517745 (4) support service providers for the deaf-blind; and
925617746 (5) any other effective method of making aurally delivered
925717747 information available to individuals who are deaf or hard of hearing.
9258-(c)(d) "Communication access service provider" means an
9259-individual who is trained to offer a communication access service to
9260-communicate aurally delivered information to individuals who are deaf,
9261-hard of hearing or have speech and language impairments.
17748+(c)(d) "Communication access service provider" means an individual
17749+who is trained to offer a communication access service to communicate
17750+aurally delivered information to individuals who are deaf, hard of hearing
17751+or have speech and language impairments.
926217752 (d)(e) "Employee" means a person registered as a communication
926317753 access service provider.
9264-(f) "Executive director" means the executive director for the
9265-Kansas commission for the deaf and hard of hearing.
9266-(e)(g) "Interpreter" means an individual who engages in the
9267-practice of interpreting.
9268-(f)(h) "Interpreter service agency" means an entity that contracts
9269-with or employs registered interpreters to provide interpreter services,
9270-whether in person or remotely, for a fee.
9271-(g)(i) "Interpreting" means the translating or transliterating of
9272-English concepts to any communication modes of individuals who are SENATE BILL No. 491—page 158
9273-deaf, hard of hearing or have speech and language impairments or the
9274-translating or transliterating of the communication modes of individuals
9275-who are deaf, hard of hearing or have speech and language impairments
9276-to English language concepts. Communication modes include, but are
9277-not limited to, American sign language, English-based sign language,
9278-cued speech, oral transliterating and information received tactually.
9279-(h)(j) "Video remote interpreter" means an interpreter who
9280-engages in the practice of video remote interpreting.
9281-(i)(k) "Video remote interpreting" means the process that allows
9282-an individual who is deaf or hard of hearing to communicate with a
9283-hearing individual at the same location through an interpreter displayed
9284-through videoconferencing or similar technology.
9285-Sec. 101. K.S.A. 75-53,105 is hereby amended to read as follows:
9286-75-53,105. (a) As used in this section, "secretary" means the secretary
9287-for children and families or the secretary for aging and disability
9288-services.
9289-(b) The secretary shall upon request receive from the Kansas
9290-bureau of investigation such criminal history record information in
9291-accordance with section 2, and amendments thereto, as necessary for
9292-the purpose of determining initial and continuing qualification for
9293-employment or for participation in any program administered by the
9294-secretary for the placement, safety, protection or treatment of
9295-vulnerable children or adults.
17754+(f) "Executive director" means the executive director for the Kansas
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17798+commission for the deaf and hard of hearing.
17799+(e)(g) "Interpreter" means an individual who engages in the practice
17800+of interpreting.
17801+(f)(h) "Interpreter service agency" means an entity that contracts with
17802+or employs registered interpreters to provide interpreter services, whether
17803+in person or remotely, for a fee.
17804+(g)(i) "Interpreting" means the translating or transliterating of English
17805+concepts to any communication modes of individuals who are deaf, hard
17806+of hearing or have speech and language impairments or the translating or
17807+transliterating of the communication modes of individuals who are deaf,
17808+hard of hearing or have speech and language impairments to English
17809+language concepts. Communication modes include, but are not limited to,
17810+American sign language, English-based sign language, cued speech, oral
17811+transliterating and information received tactually.
17812+(h)(j) "Video remote interpreter" means an interpreter who engages in
17813+the practice of video remote interpreting.
17814+(i)(k) "Video remote interpreting" means the process that allows an
17815+individual who is deaf or hard of hearing to communicate with a hearing
17816+individual at the same location through an interpreter displayed through
17817+videoconferencing or similar technology.
17818+Sec. 101. K.S.A. 75-53,105 is hereby amended to read as follows: 75-
17819+53,105. (a) As used in this section, "secretary" means the secretary for
17820+children and families or the secretary for aging and disability services.
17821+(b) The secretary shall upon request receive from the Kansas bureau
17822+of investigation such criminal history record information in accordance
17823+with section 2, and amendments thereto, as necessary for the purpose of
17824+determining initial and continuing qualification for employment or for
17825+participation in any program administered by the secretary for the
17826+placement, safety, protection or treatment of vulnerable children or adults.
929617827 (c) The secretary shall have access to any court orders or
929717828 adjudications of any court of record, any records of such orders,
929817829 adjudications, arrests, nonconvictions, convictions, expungements,
929917830 juvenile records, juvenile expungements, diversions and any criminal
930017831 history record information in the possession of the Kansas bureau of
930117832 investigation concerning such employee or individual.
9302-(d) If a nationwide criminal records check of all records noted
9303-above is necessary, as determined by the secretary, the secretary's
9304-request will be based on the submission of fingerprints to the Kansas
9305-bureau of investigation and the federal bureau of investigation for the
9306-identification of the individual and to obtain criminal history record
9307-information, including arrest and nonconviction data.
17833+(d) If a nationwide criminal records check of all records noted above
17834+is necessary, as determined by the secretary, the secretary's request will be
17835+based on the submission of fingerprints to the Kansas bureau of
17836+investigation and the federal bureau of investigation for the identification
17837+of the individual and to obtain criminal history record information,
17838+including arrest and nonconviction data.
930817839 (e) Fees for such records checks shall be assessed to the secretary.
930917840 (f) Disclosure or use of any such information received by the
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931017884 secretary or a designee of the secretary or of any record containing such
9311-information, for any purpose other than that provided by this act is a
9312-class A misdemeanor and shall constitute grounds for removal from
9313-office or termination of employment. Nothing in this act shall be
9314-construed to make unlawful or prohibit the disclosure of any such
9315-information in a hearing or court proceeding involving programs
9316-administered by the secretary or prohibit the disclosure of any such
9317-information to the post auditor in accordance with and subject to the
9318-provisions of the legislative post audit act.
9319-Sec. 102. K.S.A. 75-5609a is hereby amended to read as follows:
9320-75-5609a. (a) The secretary of health and environment shall require any
9321-person offered a position of employment in and any employee of the
9322-office of laboratory services of the Kansas department of health and
9323-environment that will have access to a secured biological laboratory
9324-employee to be fingerprinted and submit to a state and national criminal
9325-history record check in accordance with section 2, and amendments
9326-thereto. Such person offered a position of employment or employee
9327-shall be given written notice that a fingerprinting and state and national
9328-criminal history record check is required as a condition of initial and
9329-continued employment. The fingerprints shall be used to identify such
9330-person offered a position of employment or employee and to determine
9331-whether such person offered a position of employment or employee has SENATE BILL No. 491—page 159
9332-a record of criminal history in this state or other jurisdiction. The
9333-secretary of health and environment shall submit the fingerprints to the
9334-Kansas bureau of investigation and the federal bureau of investigation
9335-for a state and national criminal history record check. Local and state
9336-law enforcement officers and agencies shall assist the secretary of
9337-health and environment in the taking and processing of fingerprints of
9338-such persons offered positions of employment or employees.
9339-(b) The secretary of health and environment shall use the
9340-information obtained from fingerprinting and criminal history for the
9341-purposes of verifying the identification of any person offered a position
9342-of employment or employee in the official determination of the
9343-eligibility of such person or employee to perform tasks within the office
9344-of laboratory services. If criminal history record information or results
9345-of drug screening is used to disqualify a person offered a position of
9346-employment or terminate an employee, such person offered a position
9347-of employment or employee shall be informed in writing of the purpose
9348-of such disqualification or termination from employment.
9349-(c) As a condition of continued employment, any employee who
9350-has access to a secured biological laboratory in the office of laboratory
17885+information, for any purpose other than that provided by this act is a class
17886+A misdemeanor and shall constitute grounds for removal from office or
17887+termination of employment. Nothing in this act shall be construed to make
17888+unlawful or prohibit the disclosure of any such information in a hearing or
17889+court proceeding involving programs administered by the secretary or
17890+prohibit the disclosure of any such information to the post auditor in
17891+accordance with and subject to the provisions of the legislative post audit
17892+act.
17893+Sec. 102. K.S.A. 75-5609a is hereby amended to read as follows: 75-
17894+5609a. (a) The secretary of health and environment shall require any
17895+person offered a position of employment in and any employee of the office
17896+of laboratory services of the Kansas department of health and environment
17897+that will have access to a secured biological laboratory employee to be
17898+fingerprinted and submit to a state and national criminal history record
17899+check in accordance with section 2, and amendments thereto. Such person
17900+offered a position of employment or employee shall be given written
17901+notice that a fingerprinting and state and national criminal history record
17902+check is required as a condition of initial and continued employment. The
17903+fingerprints shall be used to identify such person offered a position of
17904+employment or employee and to determine whether such person offered a
17905+position of employment or employee has a record of criminal history in
17906+this state or other jurisdiction. The secretary of health and environment
17907+shall submit the fingerprints to the Kansas bureau of investigation and the
17908+federal bureau of investigation for a state and national criminal history
17909+record check. Local and state law enforcement officers and agencies shall
17910+assist the secretary of health and environment in the taking and processing
17911+of fingerprints of such persons offered positions of employment or
17912+employees.
17913+(b) The secretary of health and environment shall use the information
17914+obtained from fingerprinting and criminal history for the purposes of
17915+verifying the identification of any person offered a position of employment
17916+or employee in the official determination of the eligibility of such person
17917+or employee to perform tasks within the office of laboratory services. If
17918+criminal history record information or results of drug screening is used to
17919+disqualify a person offered a position of employment or terminate an
17920+employee, such person offered a position of employment or employee
17921+shall be informed in writing of the purpose of such disqualification or
17922+termination from employment.
17923+(c) As a condition of continued employment, any employee who has
17924+access to a secured biological laboratory in the office of laboratory
935117925 services of the Kansas department of health and environment shall be
9352-subject to state and national criminal history record checks at a
9353-frequency determined by the secretary.
9354-(b) As used in this section, "employee" means a person who has
9355-been offered a position of employment in or any employee of the office
9356-of laboratory services of the Kansas department of health and
9357-environment who has or will have access to a secured biological
9358-laboratory.
9359-Sec. 103. K.S.A. 75-7241 is hereby amended to read as follows:
9360-75-7241. (a) An executive branch agency head, with input from the
9361-CISO, may shall require employees or contractors of executive branch
9362-agencies, whose duties include collection, maintenance or access to
9363-personal information, an employee to be fingerprinted and to submit to
9364-a state and national criminal history record check in accordance with
9365-section 2, and amendments thereto, at least every five years.
17926+subject to state and national criminal history record checks at a frequency
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17969+43 SB 491 210
17970+determined by the secretary.
17971+(b) As used in this section, "employee" means a person who has been
17972+offered a position of employment in or any employee of the office of
17973+laboratory services of the Kansas department of health and environment
17974+who has or will have access to a secured biological laboratory.
17975+Sec. 103. K.S.A. 75-7241 is hereby amended to read as follows: 75-
17976+7241. (a) An executive branch agency head, with input from the CISO,
17977+may shall require employees or contractors of executive branch agencies,
17978+whose duties include collection, maintenance or access to personal
17979+information, an employee to be fingerprinted and to submit to a state and
17980+national criminal history record check in accordance with section 2, and
17981+amendments thereto, at least every five years.
936617982 (b) The fingerprints shall be used to identify the employee and to
936717983 determine whether the employee or other such person has a record of
9368-criminal history in this state or another jurisdiction. The executive
9369-director or agency head shall submit the fingerprints to the Kansas
9370-bureau of investigation and the federal bureau of investigation for a
9371-state and national criminal history record check. The executive director
9372-or agency head may use the information obtained from fingerprinting
9373-and the criminal history record check for purposes of verifying the
9374-identity of the employee or other such person and in the official
9375-determination of the qualifications and fitness of the employee or other
9376-such person to work in the position with access to personal information.
9377-(c) Local and state law enforcement officers and agencies shall
9378-assist the executive director or agency head in the taking and
9379-processing of fingerprints of employees or other such persons. Local
9380-law enforcement officers and agencies may charge a fee as
9381-reimbursement for expenses incurred in taking and processing
9382-fingerprints under this section, to be paid by the executive branch
9383-agency employing or contracting the individual required to submit to
9384-fingerprinting and a criminal history record check As used in this
9385-section, "employee" means a person who has submitted an application
9386-for employment or is currently employed by or contracting with an
9387-executive branch agency whose duties include collection, maintenance
9388-or access to personal information.
9389-Sec. 104. K.S.A. 2-3901, 2-3902, 2-3906, 2-3907, 2-3911, 7-127,
9390-8-2,142, 9-508, 9-509, 9-513e, 9-1719, 9-1722, 9-2201, 9-2209, 9- SENATE BILL No. 491—page 160
9391-2301, 9-2302, 12-1,120, 12-1679, 16a-6-104, 17-2234, 19-826, 39-969,
9392-39-970, 39-2009, 40-5502, 40-5504, 41-311b, 46-1103, 46-3301, 65-
9393-503, 65-1501a, 65-1505, 65-1696, 65-2401, 65-2402, 65-2802, 65-
9394-2839a, 65-28,129, 65-2901, 65-3503, 65-4209, 65-5117, 73-1210a, 74-
9395-1112, 74-2113, 74-4905, 74-50,182, 74-50,184, 74-5605, 74-5607, 74-
9396-7511, 74-8704, 74-8705, 74-8763, 74-8769, 74-8803, 74-8805, 74-
9397-8806, 74-9802, 74-9804, 74-9805, 75-712, 75-7b01, 75-7b04, 75-7b21,
9398-75-7e01, 75-7e03, 75-3707e, 75-4315d, 75-5133c, 75-5156, 75-53,105,
9399-75-5609a and 75-7241 and K.S.A. 2023 Supp. 40-4905, 40-5505, 41-
9400-102, 50-6,126, 50-1128, 58-3035, 58-3039, 58-4102, 58-4127, 58-4703,
9401-58-4709, 65-516, 65-1120, 65-1626, 65-2924, 65-3407, 65-6129, 74-
9402-5602, 74-8702, 74-8802, 74-8804, 75-7c02, 75-7c05, 75-5393a, 75-
9403-5393c and 75-5397f are hereby repealed.
9404-Sec. 105. This act shall take effect and be in force from and after
9405-its publication in the statute book.
9406-I hereby certify that the above BILL originated in the
9407-SENATE, and passed that body
9408-_________________________
9409- _________________________
9410-President of the Senate.
9411-_________________________
9412-Secretary of the Senate.
9413-
9414-Passed the HOUSE ________________________
9415- _________________________
9416-Speaker of the House.
9417-_________________________
9418-Chief Clerk of the House.
9419-APPROVED ____________________________
9420-_________________________
9421-Governor.
17984+criminal history in this state or another jurisdiction. The executive director
17985+or agency head shall submit the fingerprints to the Kansas bureau of
17986+investigation and the federal bureau of investigation for a state and
17987+national criminal history record check. The executive director or agency
17988+head may use the information obtained from fingerprinting and the
17989+criminal history record check for purposes of verifying the identity of the
17990+employee or other such person and in the official determination of the
17991+qualifications and fitness of the employee or other such person to work in
17992+the position with access to personal information.
17993+(c) Local and state law enforcement officers and agencies shall assist
17994+the executive director or agency head in the taking and processing of
17995+fingerprints of employees or other such persons. Local law enforcement
17996+officers and agencies may charge a fee as reimbursement for expenses
17997+incurred in taking and processing fingerprints under this section, to be paid
17998+by the executive branch agency employing or contracting the individual
17999+required to submit to fingerprinting and a criminal history record check As
18000+used in this section, "employee" means a person who has submitted an
18001+application for employment or is currently employed by or contracting
18002+with an executive branch agency whose duties include collection,
18003+maintenance or access to personal information.
18004+Sec. 104. K.S.A. 2-3901, 2-3902, 2-3906, 2-3907, 2-3911, 7-127, 8-
18005+2,142, 9-508, 9-509, 9-513e, 9-1719, 9-1722, 9-2201, 9-2209, 9-2301, 9-
18006+2302, 12-1,120, 12-1679, 16a-6-104, 17-2234, 19-826, 39-969, 39-970,
18007+39-2009, 40-5502, 40-5504, 41-311b, 46-1103, 46-3301, 65-503, 65-
18008+1501a, 65-1505, 65-1696, 65-2401, 65-2402, 65-2802, 65-2839a, 65-
18009+28,129, 65-2901, 65-3503, 65-4209, 65-5117, 73-1210a, 74-1112, 74-
18010+2113, 74-4905, 74-50,182, 74-50,184, 74-5605, 74-5607, 74-7511, 74-
18011+8704, 74-8705, 74-8763, 74-8769, 74-8803, 74-8805, 74-8806, 74-9802,
18012+74-9804, 74-9805, 75-712, 75-7b01, 75-7b04, 75-7b21, 75-7e01, 75-7e03,
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18056+75-3707e, 75-4315d, 75-5133c, 75-5156, 75-53,105, 75-5609a and 75-
18057+7241 and K.S.A. 2023 Supp. 40-4905, 40-5505, 41-102, 50-6,126, 50-
18058+1128, 58-3035, 58-3039, 58-4102, 58-4127, 58-4703, 58-4709, 65-516,
18059+65-1120, 65-1626, 65-2924, 65-3407, 65-6129, 74-5602, 74-8702, 74-
18060+8802, 74-8804, 75-7c02, 75-7c05, 75-5393a, 75-5393c and 75-5397f are
18061+hereby repealed.
18062+Sec. 105. This act shall take effect and be in force from and after its
18063+publication in the statute book.
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