Kansas 2025-2026 Regular Session

Kansas House Bill HB2337 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2025
2	2	HOUSE BILL No. 2337
3	3	By Committee on Financial Institutions and Pensions
4	4	Requested by Robert Jacobs on behalf of the Kansas Bureau of Investigation
5	5	2-7
6	6	AN ACT concerning money transmission; imposing a fee on each
7	7	international transaction by a money transmitter by wire; establishing
8	8	an income tax credit for fees paid; allowing the state bank
9	9	commissioner to assess penalties for the nonpayment of such fees;
10	10	providing for the distribution of such fee and penalty moneys;
11	11	establishing the criminal litigation fund, wire transfer fee fund and
12	12	prosecutor and law enforcement grant fund; creating a misdemeanor
13	13	crime of unlawful transmission of a wire transfer and providing
14	14	criminal penalties therefor; amending K.S.A. 2024 Supp. 9-555 and 75-
15	15	5133 and repealing the existing sections.
16	16	Be it enacted by the Legislature of the State of Kansas:
17	17	New Section 1. (a) Any money transmitter by wire, as defined in
18	18	K.S.A. 2024 Supp. 9-555, and amendments thereto, shall collect a fee of
19	19	$7.50 for each international transaction of $500 or less, or an amount equal
20	20	to 1.5% of any international transaction in excess of $500. A receipt for
21	21	such fee shall be issued to the customer.
22	22	(b) Any such money transmitter by wire shall file monthly reports
23	23	and returns with the director of taxation electronically at such times, in
24	24	such form and with such information, including records of all international
25	25	transaction receipts, as required by the director of taxation. The money
26	26	transmitter by wire, at the time of filing such monthly return, shall pay by
27	27	electronic fund transfer to the director of taxation the amount of fees
28	28	collected as provided by this section. Such return and payment of fees
29	29	shall be due on or before the 25
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31	31	day of each month following the monthly
32	32	reporting period of the return.
33	33	(c) The secretary of revenue:
34	34	(1) Shall notify the state bank commissioner of any money transmitter
35	35	by wire that has not filed a monthly report for more than 60 days;
36	36	(2) may, upon request of the commissioner, assist in conducting
37	37	audits and the seeking of legal remedies to ensure compliance with this
38	38	section;
39	39	(3) may request the commissioner to make a claim against the surety
40	40	bond of the money transmitter by wire for unpaid fees, interest and fines
41	41	on behalf of the state; and
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77	77	(4) may adopt rules and regulations necessary to administer the
78	78	provisions of subsections (a) through (c).
79	79	(d) The commissioner may:
80	80	(1) Assess penalties equal to the amount of fees owed for
81	81	nonpayment of fees as provided in this section;
82	82	(2) make a claim against the surety bond of the licensee for unpaid
83	83	fees, interest and fines on behalf of the state upon the request of the
84	84	director of taxation; and
85	85	(3) adopt rules and regulations necessary to administer the provisions
86	86	of this subsection.
87	87	(e) (1) All money transmitter by wire fee moneys collected by the
88	88	director of taxation and all penalties assessed by the commissioner
89	89	pursuant to this section shall be remitted to the state treasurer on July 15,
90	90	2026, and each July 15, thereafter. Upon receipt of each such remittance,
91	91	the state treasurer shall deposit the entire amount in the state treasury and
92	92	shall credit to the state general fund an amount equal to the amount of tax
93	93	credits allowed under section 5, and amendments thereto, for the
94	94	immediately preceding tax year, as certified by the director of taxation.
95	95	The balance of such fee and penalty moneys shall be credited as follows:
96	96	(A) 30% to the criminal litigation fund established in section 2, and
97	97	amendments thereto;
98	98	(B) 45% to the wire transfer fee fund established in section 3, and
99	99	amendments thereto; and
100	100	(C) 25% to the prosecutor and law enforcement grant fund
101	101	established in section 4, and amendments thereto.
102	102	(2) At the same time that the director of taxation transmits
103	103	certification to the state treasurer, the director of taxation shall transmit a
104	104	copy of each such certification to the director of the budget and the
105	105	director of legislative research.
106	106	(f) The provisions of K.S.A. 79-3609, 79-3610, 79-3611, 79-3612,
107	107	79-3615, 79-3617 and 79-3643, and amendments thereto, shall apply to the
108	108	administration and enforcement of the fee authorized by this section.
109	109	New Sec. 2. There is hereby established in the state treasury the
110	110	criminal litigation fund. The criminal litigation fund shall be administered
111	111	by the attorney general. All expenditures from such fund shall be for the
112	112	costs of investigating and prosecuting criminal cases. No expenditures
113	113	shall be made from such fund for the activities of the medicaid fraud and
114	114	abuse division created by K.S.A. 75-725, and amendments thereto. All
115	115	expenditures from such fund shall be made in accordance with
116	116	appropriation acts upon warrants of the director of accounts and reports
117	117	issued pursuant to vouchers approved by the attorney general or the
118	118	attorney general's designee.
119	119	New Sec. 3. There is hereby established in the state treasury the wire
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163	163	transfer fee fund. The wire transfer fee fund shall be administered by the
164	164	director of the Kansas bureau of investigation. All expenditures from such
165	165	fund shall be for complex drug and white-collar criminal investigations.
166	166	All expenditures from such fund shall be made in accordance with
167	167	appropriation acts upon warrants of the director of accounts and reports
168	168	issued pursuant to vouchers approved by the director of the Kansas bureau
169	169	of investigation or the director's designee.
170	170	New Sec. 4. (a) There is hereby established in the state treasury the
171	171	prosecutor and law enforcement grant fund. The prosecutor and law
172	172	enforcement grant fund shall be administered by the Kansas criminal
173	173	justice coordinating council established by K.S.A. 74-9501, and
174	174	amendments thereto. All moneys credited to such fund shall be for the
175	175	purpose of awarding grants to county attorneys or district attorneys or
176	176	local law enforcement agencies in accordance with the standards and
177	177	statewide strategic plan adopted for the federal Edward Byrne memorial
178	178	justice assistance grant program. All expenditures from such fund shall be
179	179	made in accordance with appropriation acts upon warrants of the director
180	180	of accounts and reports issued pursuant to vouchers approved by the
181	181	chairperson of the Kansas criminal justice coordinating council or the
182	182	chairperson's designee.
183	183	(b) Any law enforcement agency that has a policy of refusing or
184	184	failing to coordinate with federal immigration authorities or refuses to
185	185	honor an immigration detainer to the best of their ability shall be ineligible
186	186	for any distribution of funds from the prosecutor and law enforcement
187	187	grant fund. The attorney general shall identify, on an annual basis, to the
188	188	Kansas criminal justice coordinating council any agency that is ineligible
189	189	for funds pursuant to this subsection.
190	190	New Sec. 5. (a) For taxable years commencing after December 31,
191	191	2023, there shall be allowed a credit against the tax imposed by the Kansas
192	192	income tax act and the privilege tax pursuant to K.S.A. 79-1106 et seq.,
193	193	and amendments thereto, an amount equal to the amount of any fees paid
194	194	pursuant to the provisions of section 1, and amendments thereto, during
195	195	the tax year.
196	196	(b) The credit allowed by this section shall not exceed the amount of
197	197	tax imposed under the Kansas income tax act or the privilege tax reduced
198	198	by the sum of any other credits allowable pursuant to law. If the amount of
199	199	such tax credit exceeds the taxpayer's income or privilege tax liability for
200	200	such tax year, the taxpayer may carry over the amount that exceeds such
201	201	tax liability for deduction from the taxpayer's liability in the next
202	202	succeeding tax year or years until the total amount of the tax credit has
203	203	been deducted from tax liability, except that no such tax credit shall be
204	204	carried over for deduction after the 5
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206	206	tax year succeeding the tax year in
207	207	which the expenditures were incurred.
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251	251	New Sec. 6. (a) Unlawful transmission of a wire transfer is any of the
252	252	following when done by a person who is not a United States citizen or an
253	253	alien who is lawfully present in the United States:
254	254	(1) Sending or receiving a wire transfer;
255	255	(2) depositing money in a financial institution for the purpose of
256	256	sending a wire transfer; or
257	257	(3) withdrawing the proceeds of a wire transfer.
258	258	(b) Unlawful transmission of a wire transfer is a class C nonperson
259	259	misdemeanor.
260	260	(c) This section shall be a part of and supplemental to the Kansas
261	261	criminal code.
262	262	Sec. 7. K.S.A. 2024 Supp. 9-555 is hereby amended to read as
263	263	follows: 9-555. (a) K.S.A. 2024 Supp. 9-555 through 9-596, and
264	264	amendments thereto, shall be known and may be cited as the Kansas
265	265	money transmission act.
266	266	(b) As used in the Kansas money transmission act:
267	267	(1) "Act" means the Kansas money transmission act.
268	268	(2) "Acting in concert" means persons knowingly acting together
269	269	with a common goal of jointly acquiring control of a licensee whether or
270	270	not pursuant to an express agreement.
271	271	(3) "Authorized delegate" means a person designated by a licensee to
272	272	engage in money transmission on behalf of the licensee.
273	273	(4) "Average daily money transmission liability" means the amount of
274	274	the licensee's outstanding money transmission obligations in Kansas at the
275	275	end of each day in a given period of time added together and divided by
276	276	the total number of days in the given period of time. For any licensee
277	277	required to calculate "average daily money transmission liability" pursuant
278	278	to this act, the given period of time shall be the calendar quarters ending
279	279	March 31, June 30, September 30 and December 31.
280	280	(5) "Closed loop stored value" means stored value that is redeemable
281	281	by the issuer only for goods or services provided by the issuer or the
282	282	issuer's affiliates or franchisees of the issuer or the franchisees's affiliates,
283	283	except to the extent required by applicable law to be redeemable in cash
284	284	for its cash value.
285	285	(6) "Commissioner" means the state bank commissioner, or a person
286	286	designated by the state bank commissioner to enforce this act.
287	287	(7) "Control" means the power to:
288	288	(A) Vote directly or indirectly at least 25% of the outstanding voting
289	289	shares or voting interests of a licensee or person in control of a licensee;
290	290	(B) elect or appoint a majority of key individuals or executive
291	291	officers, managers, directors, trustees or other persons exercising
292	292	managerial authority of a person in control of a licensee; or
293	293	(C) exercise, directly or indirectly, a controlling influence over the
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337	337	management or policies of a licensee or person in control of a licensee.
338	338	(8) "Eligible rating" means a credit rating from any of the three
339	339	highest rating categories provided by an eligible rating service. Each rating
340	340	category may include rating category modifiers such as plus or minus for
341	341	Standard & Poor or the equivalent for any other eligible rating service.
342	342	"Eligible rating" shall be determined as follows:
343	343	(A) Long-term credit ratings shall be deemed eligible if the rating is
344	344	equal to A- or higher by Standard & Poor or the equivalent from any other
345	345	eligible rating service.
346	346	(B) Short-term credit ratings are deemed eligible if the rating is equal
347	347	to or higher than A-2 or SP-2 by Standard & Poor or the equivalent from
348	348	any other eligible rating service. If ratings differ among eligible rating
349	349	services, the highest rating shall apply when determining whether a
350	350	security bears an eligible rating.
351	351	(9) "Eligible rating service" means any nationally recognized
352	352	statistical rating organization that has been registered by the securities and
353	353	exchange commission or any organization designated by the commissioner
354	354	through order or rules and regulations as an eligible rating service.
355	355	(10) "Federally insured depository financial institution" means a
356	356	bank, credit union, savings and loan association, trust company, savings
357	357	association, savings bank, industrial bank or industrial loan company
358	358	organized under the laws of the United States or any state of the United
359	359	States, when such bank, credit union, savings and loan association, trust
360	360	company, savings association, savings bank, industrial bank or industrial
361	361	loan company has federally insured deposits.
362	362	(11) "In Kansas" means the:
363	363	(A) Physical location of a person who is requesting a transaction in
364	364	person in the state of Kansas; or
365	365	(B) person's residential address or the principal place of business for a
366	366	person requesting a transaction electronically or by telephone if such
367	367	residential address or principal place of business is in the state of Kansas.
368	368	(12) "Individual" means a natural person.
369	369	(13) "Key individual" means any individual ultimately responsible for
370	370	establishing or directing policies and procedures of the licensee, including,
371	371	but not limited to, an executive officer, manager, director or trustee.
372	372	(14) "Licensee" means a person licensed under this act.
373	373	(15) "Material litigation" means litigation, that according to United
374	374	States generally accepted accounting principles, is significant to a person's
375	375	financial health and would be a required disclosure in the person's annual
376	376	audited financial statements, report to shareholders or similar records.
377	377	(16) "Money" means a medium of exchange that is authorized or
378	378	adopted by the United States or a foreign government. "Money" includes a
379	379	monetary unit of account established by an intergovernmental organization
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423	423	or by agreement between two or more governments.
424	424	(17) "Monetary value" means a medium of exchange, whether or not
425	425	redeemable in money.
426	426	(18) (A) "Money transmission" means any of the following:
427	427	(i) Selling or issuing payment instruments to a person located in
428	428	Kansas;
429	429	(ii) selling or issuing stored value to a person located in Kansas;
430	430	(iii) receiving money for transmission from a person located in
431	431	Kansas; or
432	432	(iv) payroll processing services.
433	433	(B) "Money transmission" does not include the provision of solely
434	434	online or telecommunications services or network access.
435	435	(19) "Money service business accredited state" means a state agency
436	436	that is accredited by the conference of state bank supervisors and money
437	437	transmitter regulators association for money transmission licensing and
438	438	supervision.
439	439	(20) "Money transmitter by wire" means any person receiving
440	440	payment for the service of sending or receiving money from another
441	441	location or person. "Money transmitter by wire" does not include:
442	442	(A) The United States government or a department, agency or
443	443	instrumentality thereof;
444	444	(B) money transmission by the United States postal service or by a
445	445	contractor on behalf of the United States postal service;
446	446	(C) a state, county, city or any other governmental agency or
447	447	political subdivision of a state;
448	448	(D) electronic funds transfer of governmental benefits for a federal,
449	449	state, county or governmental agency by a contractor on behalf of the
450	450	United States government or a department, agency or instrumentality
451	451	thereof, a state or governmental subdivision, agency or instrumentality
452	452	thereof;
453	453	(E) a board of trade designated as a contract market under the
454	454	federal commodity exchange act or a person that, in the ordinary course
455	455	of business, provides clearance and settlement services for a board of
456	456	trade to the extent of such person's operation as or for such a board of
457	457	trade;
458	458	(F) a registered futures commission merchant under the federal
459	459	commodities law to the extent of its operation as such merchant;
460	460	(G) a person that provides clearance or settlement services pursuant
461	461	to a registration as a clearing agency or an exemption from such
462	462	registration granted under federal securities law to the extent of such
463	463	person's operation as a provider;
464	464	(H) an operator of a payment system to the extent that such operator
465	465	provides processing, clearing or settlement services, between or among
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509	509	persons excluded by this subsection, in connection with wire transfers,
510	510	credit card transactions, debit card transactions, stored-value
511	511	transactions, automated clearing house transfers or similar funds
512	512	transfers;
513	513	(I) a person registered as a securities broker-dealer under federal or
514	514	state securities law to the extent of such person's operation as a broker-
515	515	dealer; or
516	516	(J) a federally insured depository financial institution.
517	517	(20)(21) "Multistate licensing process" means any agreement entered
518	518	into by state regulators relating to coordinated processing of applications
519	519	for money transmission licenses, applications for the acquisition of control
520	520	of a licensee, control determinations or notice and information
521	521	requirements for a change of key individuals.
522	522	(21)(22) "Nationwide multistate licensing system and registry" means
523	523	a licensing system developed by the conference of state bank supervisors
524	524	and the American association of residential mortgage regulators and
525	525	owned and operated by the state regulatory registry, limited liability
526	526	company or any successor or affiliated entity for the licensing and
527	527	registration of persons in financial services industries.
528	528	(22)(23) (A) "Outstanding money transmission obligation" means:
529	529	(i) Any payment instrument or stored value issued or sold by the
530	530	licensee to a person located in the United States or reported as sold by an
531	531	authorized delegate of the licensee to a person that is located in the United
532	532	States that has not yet been paid or refunded by or for the licensee or
533	533	escheated in accordance with applicable abandoned property laws; or
534	534	(ii) any money received for transmission by the licensee or an
535	535	authorized delegate in the United States from a person located in the
536	536	United States that has not been received by the payee or refunded to the
537	537	sender or escheated in accordance with applicable abandoned property
538	538	laws.
539	539	(B) "In the United States" includes a person in any state, territory or
540	540	possession of the United States, the District of Columbia, the
541	541	commonwealth of Puerto Rico or a United States military installation that
542	542	is located in a foreign country.
543	543	(23)(24) "Passive investor" means a person that:
544	544	(A) Does not have the power to elect a majority of key individuals or
545	545	executive officers, managers, directors, trustees or other persons exercising
546	546	managerial authority of a person in control of a licensee;
547	547	(B) is not employed by and does not have any managerial duties of
548	548	the licensee or person in control of a licensee; or
549	549	(C) does not have the power to exercise, directly or indirectly, a
550	550	controlling influence over the management or policies of a licensee or
551	551	person in control of a licensee; and
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595	595	(D) (i) Either attests to subparagraphs (A), (B) and (C) in a form and
596	596	in a manner prescribed by the commissioner; or
597	597	(ii) commits to the passivity characteristics of subparagraphs (A), (B)
598	598	and (C) in a written document.
599	599	(24)(25) (A) "Payment instrument" means a written or electronic
600	600	check, draft, money order, traveler's check or other written or electronic
601	601	instrument for the transmission or payment of money or monetary value,
602	602	regardless of negotiability.
603	603	(B) "Payment instrument" does not include stored value or any
604	604	instrument that is:
605	605	(i) Redeemable by the issuer only for goods or services provided by
606	606	the issuer or the issuer's affiliate or franchisees of the issuer or the
607	607	franchisees' affiliate, except to the extent required by applicable law to be
608	608	redeemable in cash for its cash value; or
609	609	(ii) not sold to the public but issued and distributed as part of a
610	610	loyalty, rewards or promotional program.
611	611	(25)(26) "Payroll processing services" means the receipt of money for
612	612	transmission pursuant to a contract with a person to deliver wages or
613	613	salaries, make payment of payroll taxes to state and federal agencies, make
614	614	payments relating to employee benefit plans or make distributions of other
615	615	authorized deductions from wages or salaries. "Payroll processing
616	616	services" does not include an employer performing payroll processing
617	617	services on the employer's own behalf or on behalf of an affiliate.
618	618	(26)(27) "Person" means any individual, general partnership, limited
619	619	partnership, limited liability company, corporation, trust, association, joint
620	620	stock corporation or other corporate entity identified or recognized by the
621	621	commissioner.
622	622	(27)(28) "Receiving money for transmission" or "money received for
623	623	transmission" means the receipt of money or monetary value in the United
624	624	States for transmission within or outside the United States by electronic or
625	625	other means.
626	626	(28)(29) "Stored value" means monetary value representing a claim
627	627	against the issuer evidenced by an electronic or digital record and that is
628	628	intended and accepted for use as a means of redemption for money or
629	629	monetary value or payment for goods or services. "Stored value" includes,
630	630	but is not limited to, prepaid access as defined by 31 C.F.R. § 1010.100.
631	631	"Stored value" does not include a payment instrument or closed loop
632	632	stored value or stored value not sold to the public but issued and
633	633	distributed as part of a loyalty, rewards or promotional program.
634	634	(29)(30) "Tangible net worth" means the aggregate assets of a
635	635	licensee excluding all intangible assets, less liabilities, as determined in
636	636	accordance with United States generally accepted accounting principles.
637	637	(c) This section shall take effect on and after January 1, 2025.
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681	681	Sec. 8. K.S.A. 2024 Supp. 75-5133 is hereby amended to read as
682	682	follows: 75-5133. (a) Except as otherwise more specifically provided by
683	683	law, all information received by the secretary of revenue, the director of
684	684	taxation or the director of alcoholic beverage control from returns, reports,
685	685	license applications or registration documents made or filed under the
686	686	provisions of any law imposing any sales, use or other excise tax
687	687	administered by the secretary of revenue, the director of taxation, or the
688	688	director of alcoholic beverage control, or from any investigation conducted
689	689	under such provisions, shall be confidential, and it shall be unlawful for
690	690	any officer or employee of the department of revenue to divulge any such
691	691	information except in accordance with other provisions of law respecting
692	692	the enforcement and collection of such tax, in accordance with proper
693	693	judicial order or as provided in K.S.A. 74-2424, and amendments thereto.
694	694	(b) The secretary of revenue or the secretary's designee may:
695	695	(1) Publish statistics, so classified as to prevent identification of
696	696	particular reports or returns and the items thereof;
697	697	(2) allow the inspection of returns by the attorney general or the
698	698	attorney general's designee;
699	699	(3) provide the post auditor access to all such excise tax reports or
700	700	returns in accordance with and subject to the provisions of K.S.A. 46-
701	701	1106(e), and amendments thereto;
702	702	(4) disclose taxpayer information from excise tax returns to persons
703	703	or entities contracting with the secretary of revenue where the secretary
704	704	has determined disclosure of such information is essential for completion
705	705	of the contract and has taken appropriate steps to preserve confidentiality;
706	706	(5) provide information from returns and reports filed under article 42
707	707	of chapter 79 of the Kansas Statutes Annotated, and amendments thereto,
708	708	to county appraisers as is necessary to ensure proper valuations of
709	709	property. Information from such returns and reports may also be
710	710	exchanged with any other state agency administering and collecting
711	711	conservation or other taxes and fees imposed on or measured by mineral
712	712	production;
713	713	(6) provide, upon request by a city or county clerk or treasurer or
714	714	finance officer of any city or county receiving distributions from a local
715	715	excise tax, monthly reports identifying each retailer doing business in such
716	716	city or county or making taxable sales sourced to such city or county,
717	717	setting forth the tax liability and the amount of such tax remitted by each
718	718	retailer during the preceding month, and identifying each business location
719	719	maintained by the retailer and such retailer's sales or use tax registration or
720	720	account number;
721	721	(7) provide information from returns and applications for registration
722	722	filed pursuant to K.S.A. 12-187, and amendments thereto, and K.S.A. 79-
723	723	3601, and amendments thereto, to a city or county treasurer or clerk or
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767	767	finance officer to explain the basis of statistics contained in reports
768	768	provided by subsection (b)(6);
769	769	(8) disclose the following oil and gas production statistics received by
770	770	the department of revenue in accordance with K.S.A. 79-4216 et seq., and
771	771	amendments thereto: Volumes of production by well name, well number,
772	772	operator's name and identification number assigned by the state
773	773	corporation commission, lease name, leasehold property description,
774	774	county of production or zone of production, name of purchaser and
775	775	purchaser's tax identification number assigned by the department of
776	776	revenue, name of transporter, field code number or lease code, tax period,
777	777	exempt production volumes by well name or lease, or any combination of
778	778	this information;
779	779	(9) release or publish liquor brand registration information provided
780	780	by suppliers, farm wineries, microdistilleries and microbreweries in
781	781	accordance with the liquor control act. The information to be released is
782	782	limited to: Item number, universal numeric code, type status, product
783	783	description, alcohol percentage, selling units, unit size, unit of
784	784	measurement, supplier number, supplier name, distributor number and
785	785	distributor name;
786	786	(10) release or publish liquor license information provided by liquor
787	787	licensees, distributors, suppliers, farm wineries, microdistilleries and
788	788	microbreweries in accordance with the liquor control act. The information
789	789	to be released is limited to: County name, owner, business name, address,
790	790	license type, license number, license expiration date and the process agent
791	791	contact information;
792	792	(11) release or publish cigarette and tobacco license information
793	793	obtained from cigarette and tobacco licensees in accordance with the
794	794	Kansas cigarette and tobacco products act. The information to be released
795	795	is limited to: County name, owner, business name, address, license type
796	796	and license number;
797	797	(12) provide environmental surcharge or solvent fee, or both,
798	798	information from returns and applications for registration filed pursuant to
799	799	K.S.A. 65-34,150 and 65-34,151, and amendments thereto, to the secretary
800	800	of health and environment or the secretary's designee for the sole purpose
801	801	of ensuring that retailers collect the environmental surcharge tax or solvent
802	802	fee, or both;
803	803	(13) provide water protection fee information from returns and
804	804	applications for registration filed pursuant to K.S.A. 82a-954, and
805	805	amendments thereto, to the secretary of the state board of agriculture or the
806	806	secretary's designee and the secretary of the Kansas water office or the
807	807	secretary's designee for the sole purpose of verifying revenues deposited to
808	808	the state water plan fund;
809	809	(14) provide to the secretary of commerce copies of applications for
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853	853	project exemption certificates sought by any taxpayer under the enterprise
854	854	zone sales tax exemption pursuant to K.S.A. 79-3606(cc), and
855	855	amendments thereto;
856	856	(15) disclose information received pursuant to the Kansas cigarette
857	857	and tobacco act and subject to the confidentiality provisions of this act to
858	858	any criminal justice agency, as defined in K.S.A. 22-4701(c), and
859	859	amendments thereto, or to any law enforcement officer, as defined in
860	860	K.S.A. 21-5111, and amendments thereto, on behalf of a criminal justice
861	861	agency, when requested in writing in conjunction with a pending
862	862	investigation;
863	863	(16) provide to retailers tax exemption information for the sole
864	864	purpose of verifying the authenticity of tax exemption numbers issued by
865	865	the department;
866	866	(17) provide information concerning remittance by sellers, as defined
867	867	in K.S.A. 12-5363, and amendments thereto, of prepaid wireless 911 fees
868	868	from returns to the local collection point administrator, as defined in
869	869	K.S.A. 12-5363, and amendments thereto, for purposes of verifying seller
870	870	compliance with collection and remittance of such fees;
871	871	(18) release or publish charitable gaming information obtained in
872	872	charitable gaming licensee and registration applications and renewals in
873	873	accordance with the Kansas charitable gaming act, K.S.A. 75-5171 et seq.,
874	874	and amendments thereto. The information to be released is limited to: The
875	875	name, address, phone number, license registration number and email
876	876	address of the organization, distributor or of premises;
877	877	(19) provide to the attorney general confidential information for
878	878	purposes of determining compliance with or enforcing K.S.A. 50-6a01 et
879	879	seq., and amendments thereto, the master settlement agreement referred to
880	880	therein and all agreements regarding disputes under the master settlement
881	881	agreement. The secretary and the attorney general may share the
882	882	information specified under this subsection with any of the following:
883	883	(A) Federal, state or local agencies for the purposes of enforcement
884	884	of corresponding laws of other states; and
885	885	(B) a court, arbitrator, data clearinghouse or similar entity for the
886	886	purpose of assessing compliance with or making calculations required by
887	887	the master settlement agreement or agreements regarding disputes under
888	888	the master settlement agreement, and with counsel for the parties or expert
889	889	witnesses in any such proceeding, if the information otherwise remains
890	890	confidential; and
891	891	(20) disclose taxpayer information that is received from income tax
892	892	returns to the department of commerce that may be disclosed pursuant to
893	893	the provisions of K.S.A. 2024 Supp. 74-50,227, and amendments thereto,
894	894	for the purpose of including such information in the database required by
895	895	K.S.A. 2024 Supp. 74-50,227, and amendments thereto; and
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939	939	(21) provide information concerning a money transmitter by wire to
940	940	the state bank commissioner for the purposes of section 1, and
941	941	amendments thereto.
942	942	(c) Any person receiving any information under the provisions of
943	943	subsection (b) shall be subject to the confidentiality provisions of
944	944	subsection (a) and to the penalty provisions of subsection (d).
945	945	(d) Any violation of this section shall be a class A, nonperson
946	946	misdemeanor, and if the offender is an officer or employee of this state,
947	947	such officer or employee shall be dismissed from office. Reports of
948	948	violations of this paragraph shall be investigated by the attorney general.
949	949	The district attorney or county attorney and the attorney general shall have
950	950	authority to prosecute any violation of this section if the offender is a city
951	951	or county clerk or treasurer or finance officer of a city or county.
952	952	Sec. 9. K.S.A. 2024 Supp. 9-555 and 75-5133 are hereby repealed.
953	953	Sec. 10. This act shall take effect and be in force from and after its
954	954	publication in the statute book.
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