Kansas 2025-2026 Regular Session

Kansas House Bill HB2342 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Session of 2025
1	2		HOUSE BILL No. 2342
2		-	AN ACT concerning criminal history record information; relating to state and national
3		-	criminal history record checks; authorizing the attorney general and the state gaming
4		-	agency to receive more criminal history records; updating criminal history record
5		-	language related to the state bank commissioner; requiring the secretary of labor to
6		-	conduct such checks on employees who have access to federal tax information;
7		-	authorizing the secretary of commerce to conduct such checks on final applicants for
8		-	and employees in certain sensitive positions; amending K.S.A. 75-5702 and K.S.A.
9		-	2024 Supp. 9-555, 9-565, 9-2411, 22-4714 and 75-7b01 and repealing the existing
10		-	sections.
	3	+	By Committee on Commerce, Labor and Economic Development
	4	+	Requested by Rachel Willis on behalf of the Department of Commerce
	5	+	2-7
	6	+	AN ACT concerning the secretary of commerce; relating to employment
	7	+	with the department of commerce; authorizing national criminal history
	8	+	background checks for final applicants for certain sensitive positions
	9	+	and employees in such positions; authorizing the secretary of
	10	+	commerce to request the Kansas bureau of investigation to conduct the
	11	+	background checks and provide the results to the secretary; amending
	12	+	K.S.A. 2024 Supp. 22-4714 and repealing the existing section.
11	13		Be it enacted by the Legislature of the State of Kansas:
12		-	New Section 1. (a) The secretary of commerce may request the
13		-	Kansas bureau of investigations to conduct a state and national criminal
14		-	history record check on any final applicant for, or employee in, a
15		-	sensitive position with the department of commerce, in accordance with
16		-	K.S.A. 2024 Supp. 22-4714, and amendments thereto. The secretary
17		-	may use the information obtained from such state and national criminal
18		-	history record check in the determination of the qualifications and
19		-	fitness of the final applicant for, or the employee in, a sensitive position
20		-	with the department. Such determination shall be in the discretion of
21		-	the secretary except for the minimum standard required pursuant to
22		-	subsection (b).
23		-	(b) As a minimum standard for a final applicant offered
24		-	employment with the department in a sensitive position or employment
25		-	for an employee in a sensitive position, a person shall have no
26		-	misdemeanor conviction for any crime involving theft, fraud, forgery or
27		-	other financial crime or any felony conviction under the laws of any
28		-	state or of the United States, either prior to or during such employment.
	14	+	New Section 1. (a) The secretary may request the Kansas bureau of
	15	+	investigations to conduct a state and national criminal history record check
	16	+	on any final applicant for, or employee in, a sensitive position with the
	17	+	department, in accordance with K.S.A. 2024 Supp. 22-4714, and
	18	+	amendments thereto. The secretary may use the information obtained from
	19	+	such state and national criminal history record check in the determination
	20	+	of the qualifications and fitness of the final applicant for, or the employee
	21	+	in, a sensitive position with the department. Such determination shall be in
	22	+	the discretion of the secretary except for the minimum standard required
	23	+	pursuant to subsection (b).
	24	+	(b) As a minimum standard for a final applicant offered employment
	25	+	with the department in a sensitive position or employment for an employee
	26	+	in a sensitive position, a person shall have no misdemeanor conviction for
	27	+	any crime involving theft, fraud, forgery or other financial crime or any
	28	+	felony conviction under the laws of any state or of the United States, either
	29	+	prior to or during such employment.
29	30		(d) For purposes of this section:
30		-	(1) "Final applicant" means an applicant for a sensitive position
31		-	~~with~~ the department of commerce whom the secretary has determined
32		-	~~is among~~ a select group of applicants that are the most qualified for the
33		-	~~sensitive~~ position and to whom the secretary intends to give final
34		-	~~consideration for~~ an offer of such employment.
	31	+	(1) "Final applicant" means an applicant for a sensitive position with
	32	+	the department of commerce whom the secretary has determined is among
	33	+	a select group of applicants that are the most qualified for the sensitive
	34	+	position and to whom the secretary intends to give final consideration for
	35	+	an offer of such employment.
35	36		(2) "Sensitive position" means an employee in:
36	37		(A) The positions of division director, assistant secretary, deputy
37	38		secretary, IT manager and chief counsel;
38		-	(B) grant or loan program manager positions directly involved
39		-	with accounting or disbursement of funds; and
	39	+	(B) grant or loan program manager positions directly involved with
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	74	+	35 HB 2342 2
	75	+	accounting or disbursement of funds; and
40	76		(C) any position determined by the secretary to involve significant
41		-	financial management responsibilities, the collection or maintenance of,
42		-	or access to, confidential personal or business information or a
43		-	significant risk of fraud or financial liability to the department.
44		-	(e) The provisions of K.S.A. 75-7241, and amendments thereto,
45		-	shall supersede the provisions of this section.
46		-	Sec. 2. K.S.A. 2024 Supp. 9-555 is hereby amended to read as
47		-	follows: 9-555. (a) K.S.A. 2024 Supp. 9-555 through 9-596, and
48		-	amendments thereto, shall be known and may be cited as the Kansas
49		-	money transmission act.
50		-	(b) As used in the Kansas money transmission act:
51		-	(1) "Act" means the Kansas money transmission act.
52		-	(2) "Acting in concert" means persons knowingly acting together
53		-	with a common goal of jointly acquiring control of a licensee whether
54		-	or not pursuant to an express agreement.
55		-	(3) "Applicant in control of a licensee" means a person or a
56		-	person in a group of persons acting in concert that is in control of, or
57		-	apply to acquire control of, a licensee pursuant to K.S.A. 2024 Supp. 9-
58		-	571, and amendments thereto.
59		-	(4) "Authorized delegate" means a person designated by a licensee
60		-	to engage in money transmission on behalf of the licensee.
61		-	(4)(5) "Average daily money transmission liability" means the
62		-	amount of the licensee's outstanding money transmission obligations in
63		-	Kansas at the end of each day in a given period of time added together
64		-	and divided by the total number of days in the given period of time. For
65		-	any licensee required to calculate "average daily money transmission
66		-	liability" pursuant to this act, the given period of time shall be the HOUSE BILL No. 2342—page 2
67		-	calendar quarters ending March 31, June 30, September 30 and
68		-	December 31.
69		-	(5)(6) "Closed loop stored value" means stored value that is
70		-	redeemable by the issuer only for goods or services provided by the
71		-	issuer or the issuer's affiliates or franchisees of the issuer or the
72		-	franchisees's affiliates, except to the extent required by applicable law
73		-	to be redeemable in cash for its cash value.
74		-	(6)(7) "Commissioner" means the state bank commissioner, or a
75		-	person designated by the state bank commissioner to enforce this act.
76		-	(7)(8) "Control" means the power to:
77		-	(A) Vote directly or indirectly at least 25% of the outstanding
78		-	voting shares or voting interests of a licensee or person in control of a
79		-	licensee;
80		-	(B) elect or appoint a majority of key individuals or executive
81		-	officers, managers, directors, trustees or other persons exercising
82		-	managerial authority of a person in control of a licensee; or
83		-	(C) exercise, directly or indirectly, a controlling influence over the
84		-	management or policies of a licensee or person in control of a licensee.
85		-	(8)(9) "Eligible rating" means a credit rating from any of the three
86		-	highest rating categories provided by an eligible rating service. Each
87		-	rating category may include rating category modifiers such as plus or
88		-	minus for Standard & Poor or the equivalent for any other eligible
89		-	rating service. "Eligible rating" shall be determined as follows:
90		-	(A) Long-term credit ratings shall be deemed eligible if the rating
91		-	is equal to A- or higher by Standard & Poor or the equivalent from any
92		-	other eligible rating service.
93		-	(B) Short-term credit ratings are deemed eligible if the rating is
94		-	equal to or higher than A-2 or SP-2 by Standard & Poor or the
95		-	equivalent from any other eligible rating service. If ratings differ
96		-	among eligible rating services, the highest rating shall apply when
97		-	determining whether a security bears an eligible rating.
98		-	(9)(10) "Eligible rating service" means any nationally recognized
99		-	statistical rating organization that has been registered by the securities
100		-	and exchange commission or any organization designated by the
101		-	commissioner through order or rules and regulations as an eligible
102		-	rating service.
103		-	(10)(11) "Federally insured depository financial institution" means
104		-	a bank, credit union, savings and loan association, trust company,
105		-	savings association, savings bank, industrial bank or industrial loan
106		-	company organized under the laws of the United States or any state of
107		-	the United States, when such bank, credit union, savings and loan
108		-	association, trust company, savings association, savings bank, industrial
109		-	bank or industrial loan company has federally insured deposits.
110		-	(11)(12) "In Kansas" means the:
111		-	(A) Physical location of a person who is requesting a transaction
112		-	in person in the state of Kansas; or
113		-	(B) person's residential address or the principal place of business
114		-	for a person requesting a transaction electronically or by telephone if
115		-	such residential address or principal place of business is in the state of
116		-	Kansas.
117		-	(12)(13) "Individual" means a natural person.
118		-	(13)(14) "Key individual" means any individual ultimately
119		-	responsible for establishing or directing policies and procedures of the
120		-	licensee, including, but not limited to, an executive officer, manager,
121		-	director or trustee.
122		-	(14)(15) "Licensee" means a person licensed under this act.
123		-	(15)(16) "Material litigation" means litigation, that according to
124		-	United States generally accepted accounting principles, is significant to
125		-	a person's financial health and would be a required disclosure in the
126		-	person's annual audited financial statements, report to shareholders or
127		-	similar records.
128		-	(16)(17) "Money" means a medium of exchange that is authorized
129		-	or adopted by the United States or a foreign government. "Money"
130		-	includes a monetary unit of account established by an HOUSE BILL No. 2342—page 3
131		-	intergovernmental organization or by agreement between two or more
132		-	governments.
133		-	(17)(18) "Monetary value" means a medium of exchange, whether
134		-	or not redeemable in money.
135		-	(18)(19) (A) "Money transmission" means any of the following:
136		-	(i) Selling or issuing payment instruments to a person located in
137		-	Kansas;
138		-	(ii) selling or issuing stored value to a person located in Kansas;
139		-	(iii) receiving money for transmission from a person located in
140		-	Kansas; or
141		-	(iv) payroll processing services.
142		-	(B) "Money transmission" does not include the provision of solely
143		-	online or telecommunications services or network access.
144		-	(19)(20) "Money service business accredited state" means a state
145		-	agency that is accredited by the conference of state bank supervisors
146		-	and money transmitter regulators association for money transmission
147		-	licensing and supervision.
148		-	(20)(21) "Multistate licensing process" means any agreement
149		-	entered into by state regulators relating to coordinated processing of
150		-	applications for money transmission licenses, applications for the
151		-	acquisition of control of a licensee, control determinations or notice and
152		-	information requirements for a change of key individuals.
153		-	(21)(22) "Nationwide multistate licensing system and registry"
154		-	means a licensing system developed by the conference of state bank
155		-	supervisors and the American association of residential mortgage
156		-	regulators and owned and operated by the state regulatory registry,
157		-	limited liability company or any successor or affiliated entity for the
158		-	licensing and registration of persons in financial services industries.
159		-	(22)(23) (A) "Outstanding money transmission obligation" means:
160		-	(i) Any payment instrument or stored value issued or sold by the
161		-	licensee to a person located in the United States or reported as sold by
162		-	an authorized delegate of the licensee to a person that is located in the
163		-	United States that has not yet been paid or refunded by or for the
164		-	licensee or escheated in accordance with applicable abandoned
165		-	property laws; or
166		-	(ii) any money received for transmission by the licensee or an
167		-	authorized delegate in the United States from a person located in the
168		-	United States that has not been received by the payee or refunded to the
169		-	sender or escheated in accordance with applicable abandoned property
170		-	laws.
171		-	(B) "In the United States" includes a person in any state, territory
172		-	or possession of the United States, the District of Columbia, the
173		-	commonwealth of Puerto Rico or a United States military installation
174		-	that is located in a foreign country.
175		-	(23)(24) "Passive investor" means a person that:
176		-	(A) Does not have the power to elect a majority of key individuals
177		-	or executive officers, managers, directors, trustees or other persons
178		-	exercising managerial authority of a person in control of a licensee;
179		-	(B) is not employed by and does not have any managerial duties
180		-	of the licensee or person in control of a licensee; or
181		-	(C) does not have the power to exercise, directly or indirectly, a
182		-	controlling influence over the management or policies of a licensee or
183		-	person in control of a licensee; and
184		-	(D) (i) either attests to subparagraphs (A), (B) and (C) in a form
185		-	and in a manner prescribed by the commissioner; or
186		-	(ii) commits to the passivity characteristics of subparagraphs (A),
187		-	(B) and (C) in a written document.
188		-	(24)(25) (A) "Payment instrument" means a written or electronic
189		-	check, draft, money order, traveler's check or other written or electronic
190		-	instrument for the transmission or payment of money or monetary
191		-	value, regardless of negotiability.
192		-	(B) "Payment instrument" does not include stored value or any
193		-	instrument that is:
194		-	(i) Redeemable by the issuer only for goods or services provided HOUSE BILL No. 2342—page 4
195		-	by the issuer or the issuer's affiliate or franchisees of the issuer or the
196		-	franchisees' affiliate, except to the extent required by applicable law to
197		-	be redeemable in cash for its cash value; or
198		-	(ii) not sold to the public but issued and distributed as part of a
199		-	loyalty, rewards or promotional program.
200		-	(25)(26) "Payroll processing services" means the receipt of money
201		-	for transmission pursuant to a contract with a person to deliver wages
202		-	or salaries, make payment of payroll taxes to state and federal agencies,
203		-	make payments relating to employee benefit plans or make
204		-	distributions of other authorized deductions from wages or salaries.
205		-	"Payroll processing services" does not include an employer performing
206		-	payroll processing services on the employer's own behalf or on behalf
207		-	of an affiliate.
208		-	(26)(27) "Person" means any individual, general partnership,
209		-	limited partnership, limited liability company, corporation, trust,
210		-	association, joint stock corporation or other corporate entity identified
211		-	or recognized by the commissioner.
212		-	(27)(28) "Receiving money for transmission" or "money received
213		-	for transmission" means the receipt of money or monetary value in the
214		-	United States for transmission within or outside the United States by
215		-	electronic or other means.
216		-	(28)(29) "Stored value" means monetary value representing a
217		-	claim against the issuer evidenced by an electronic or digital record and
218		-	that is intended and accepted for use as a means of redemption for
219		-	money or monetary value or payment for goods or services. "Stored
220		-	value" includes, but is not limited to, prepaid access as defined by 31
221		-	C.F.R. § 1010.100. "Stored value" does not include a payment
222		-	instrument or closed loop stored value or stored value not sold to the
223		-	public but issued and distributed as part of a loyalty, rewards or
224		-	promotional program.
225		-	(29)(30) "Tangible net worth" means the aggregate assets of a
226		-	licensee excluding all intangible assets, less liabilities, as determined in
227		-	accordance with United States generally accepted accounting
228		-	principles.
229		-	(c) This section shall take effect on and after January 1, 2025.
230		-	Sec. 3. K.S.A. 2024 Supp. 9-565 is hereby amended to read as
231		-	follows: 9-565. (a) As a part of any original application, any individual
232		-	in control of a licensee, any applicant in control of a licensee and each
233		-	key individual shall provide the commissioner with the following items
234		-	through the nationwide multistate licensing system and registry:
235		-	(1) (A) The office of the state bank commissioner may require an
236		-	applicant in control of a licensee, a licensee or a key individual to be
237		-	fingerprinted and submit to a state and national criminal history record
238		-	check in accordance with K.S.A. 2024 Supp. 22-4714, and amendments
239		-	thereto. The fingerprints shall be used to identify the individual and to
240		-	determine whether such individual has a record of criminal history in
241		-	this state or other jurisdictions. The office of the state bank
242		-	commissioner is authorized to submit the fingerprints to the Kansas
243		-	bureau of investigation and the federal bureau of investigation for a
244		-	state and national criminal history record check. The office of the state
245		-	bank commissioner may use the information obtained from
246		-	fingerprinting and the criminal history for purposes of verifying the
247		-	identification of the individual and in the official determination of the
248		-	qualifications and fitness of the individual to be issued or to maintain a
249		-	license;
250		-	(B) Local and state law enforcement officers and agencies shall
251		-	assist the office of the state bank commissioner in taking and
252		-	processing of fingerprints of applicants for and holders of any license,
253		-	registration, permit or certificate;
254		-	(C) The Kansas bureau of investigation shall release all records of
255		-	adult convictions and nonconvictions in Kansas and adult convictions,
256		-	adjudications and nonconvictions of another state or country to the
257		-	office of the state bank commissioner. Disclosure or use of any
258		-	information received for any purpose other than provided in this section HOUSE BILL No. 2342—page 5
259		-	shall be a class A misdemeanor and shall constitute grounds for
260		-	removal from office or termination of employment; and
261		-	(D)(B) Any individual that who currently resides and has
262		-	continuously resided outside of the United States for the past 10 years
263		-	shall not be required to comply with this subsection; and
264		-	(2) a description of the individual's personal history and
265		-	experience provided in a form and manner prescribed by the
266		-	commissioner to obtain the following:
267		-	(A) An independent credit report from a consumer reporting
268		-	agency. This requirement shall be waived if the individual does not
269		-	have a social security number;
270		-	(B) information related to any criminal convictions or pending
271		-	charges; and
272		-	(C) information related to any regulatory or administrative action
273		-	and any civil litigation involving claims of fraud, misrepresentation,
274		-	conversion, mismanagement of funds, breach of fiduciary duty or
275		-	breach of contract.
276		-	(b) (1) If the individual has resided outside of the United States at
277		-	any time during the 10-year period immediately preceding the
278		-	individual's application, the individual shall also provide an
279		-	investigative background report prepared by an independent search
280		-	firm.
281		-	(2) At a minimum, the search firm shall:
282		-	(A) Demonstrate that it has sufficient knowledge and resources
283		-	and that such firm employs accepted and reasonable methodologies to
284		-	conduct the research of the background report; and
285		-	(B) not be affiliated with or have an interest with the individual it
286		-	is researching.
287		-	(3) The investigative background report shall be provided in
288		-	English and, at a minimum, shall contain the following:
289		-	(A) A comprehensive credit report or any equivalent information
290		-	obtained or generated by the independent search firm to accomplish
291		-	such report, including a search of the court data in the countries,
292		-	provinces, states, cities, towns and contiguous areas where the
293		-	individual resided and worked if such report is available in the
294		-	individual's current jurisdiction of residency;
295		-	(B) criminal records information for the 10-year period
296		-	immediately preceding the individual's application, including, but not
297		-	limited to, felonies, misdemeanors or similar convictions for violations
298		-	of law in the countries, provinces, states, cities, towns and contiguous
299		-	areas where the individual resided and worked;
300		-	(C) employment history;
301		-	(D) media history including an electronic search of national and
302		-	local publications, wire services and business applications; and
303		-	(E) financial services-related regulatory history, including, but not
304		-	limited to, money transmission, securities, banking, insurance and
305		-	mortgage-related industries.
306		-	(c) Any information required by this section may be used by the
307		-	commissioner in making an official determination of the qualifications
308		-	and fitness of the person in control or who seeks to gain control of the
309		-	licensee.
310		-	(d) This section shall take effect on and after January 1, 2025.
311		-	Sec. 4. K.S.A. 2024 Supp. 9-2411 is hereby amended to read as
312		-	follows: 9-2411. (a) The commissioner shall administer the provisions
313		-	of this act. In addition to other powers granted by this act, the
314		-	commissioner, within the limitations provided by law, may exercise the
315		-	following powers:
316		-	(1) Adopt, amend and revoke rules and regulations as necessary to
317		-	carry out the intent and purpose of this act;
318		-	(2) make any investigation and examination of the operations,
319		-	books and records of an earned wage access services provider as the
320		-	commissioner deems necessary to aid in the enforcement of this act;
321		-	(3) have free and reasonable access to the offices, places of
322		-	business and all records of the registrant that will enable the HOUSE BILL No. 2342—page 6
323		-	commissioner to determine whether the registrant is complying with the
324		-	provisions of this act. The commissioner may designate persons,
325		-	including comparable officials of the state in which the records are
326		-	located, to inspect the records on the commissioner's behalf;
327		-	(4) establish, charge and collect fees from applicants or registrants
328		-	for reasonable costs of investigation, examination and administration of
329		-	this act, in such amounts as the commissioner may determine to be
330		-	sufficient to meet the budget requirements of the commissioner for
331		-	each fiscal year. The commissioner may maintain an action in any court
332		-	to recover such costs;
333		-	(5) order any registrant or person to cease any activity or practice
334		-	that the commissioner deems to be deceptive, dishonest, a violation of
335		-	this act, or of any other state or federal law, or unduly harmful to the
336		-	interests of the public;
337		-	(6) exchange any information regarding the administration of this
338		-	act with any agency of the United States or any state that regulates the
339		-	applicant or registrant or administers statutes, rules and regulations or
340		-	programs related to earned wage access services laws with any attorney
341		-	general or district attorney with jurisdiction to enforce criminal
342		-	violations of this act;
343		-	(7) disclose to any person or entity that an applicant's or
344		-	registrant's application or registration has been denied, suspended,
345		-	revoked or refused renewal;
346		-	(8) require or permit any person to file a written statement, under
347		-	oath or otherwise as the commissioner may direct, setting forth all the
348		-	facts and circumstances concerning any apparent violation of this act,
349		-	any rule and regulation adopted thereunder or any order issued pursuant
350		-	to this act;
351		-	(9) receive, as a condition in settlement of any investigation or
352		-	examination, a payment designated for consumer education to be
353		-	expended for such purpose as directed by the commissioner;
354		-	(10) delegate the authority to sign any orders, official documents
355		-	or papers issued under or related to this act to the deputy of consumer
356		-	and mortgage lending division of the office of the state bank
357		-	commissioner;
358		-	(11) (A) require fingerprinting of any officer, partner, member,
359		-	owner, principal or director of an applicant or registrant. Such
360		-	fingerprints may be submitted to the Kansas bureau of investigation
361		-	and the federal bureau of investigation for a state and national criminal
362		-	history record check to be submitted to the office of the state bank
363		-	commissioner. The fingerprints shall be used to identify the person and
364		-	to determine whether the person has a record of arrests and convictions
365		-	in this state or other jurisdictions. The office of the state bank
366		-	commissioner may use information obtained from fingerprinting and
367		-	the criminal history for purposes of verifying the identification of the
368		-	person and in the official determination of the qualifications and fitness
369		-	of the persons associated with the applicant. Whenever the office of the
370		-	state bank commissioner requires fingerprinting, any associated costs
371		-	shall be paid by the applicant or the parties to the application.
372		-	(B) The Kansas bureau of investigation shall release all records of
373		-	adult convictions, adjudications, and juvenile adjudications in Kansas
374		-	and of another state or country to the office of the state bank
375		-	commissioner. The office of the state bank commissioner shall not
376		-	disclose or use a state and national criminal history record check for
377		-	any purpose except as provided for in this section. Unauthorized use of
378		-	a state or national criminal history record check shall constitute a class
379		-	A nonperson misdemeanor.
380		-	(C) Each state and national criminal history record check shall be
381		-	confidential, not subject to the open records act, K.S.A. 45-215 et seq.,
382		-	and amendments thereto, and not be disclosed to any applicant or
383		-	registrant. The provisions of this subparagraph shall expire on July 1,
384		-	2029, unless the legislature reviews and acts to continue such
385		-	provisions pursuant to K.S.A. 45-229, and amendments thereto, prior to
386		-	July 1, 2029 to submit to a state and national criminal history record HOUSE BILL No. 2342—page 7
387		-	check in accordance with K.S.A. 2024 Supp. 22-4714, and amendments
388		-	thereto;
389		-	(12) issue, amend and revoke written administrative guidance
390		-	documents in accordance with the applicable provisions of the Kansas
391		-	rules and regulations filing act;
392		-	(13) enter into any informal agreement with any person for a plan
393		-	of action to address violations of this act; and
394		-	(14) require use of a nationwide multi-state licensing system and
395		-	registry for processing applications, renewals, amendments, surrenders
396		-	and any other activity that the commissioner deems appropriate. The
397		-	commissioner may establish relationships or contracts with the
398		-	nationwide multi-state licensing system and registry or other entities to
399		-	collect and maintain records and process transaction fees or other fees
400		-	related to applicants and licensees, as may be reasonably necessary to
401		-	participate in the nationwide multi-state licensing system and registry.
402		-	The commissioner may report violations of the law, as well as
403		-	enforcement actions and other relevant information to the nationwide
404		-	multi-state licensing system and registry. The commissioner may
405		-	require any applicant or licensee to file reports with the nationwide
406		-	multi-state licensing system and registry in the form prescribed by the
407		-	commissioner.
408		-	(b) Examination reports and correspondence regarding such
409		-	reports made by the commissioner or the commissioner's designees
410		-	shall be confidential and shall not be subject to the provisions of the
411		-	open records act, K.S.A. 45-215 et seq., and amendments thereto. The
412		-	commissioner may release examination reports and correspondence
413		-	regarding the reports in connection with a disciplinary proceeding
414		-	conducted by the commissioner, a liquidation proceeding or a criminal
415		-	investigation or proceeding. Additionally, the commissioner may
416		-	furnish to federal or other state regulatory agencies or any officer or
417		-	examiner thereof, a copy of any or all examination reports and
418		-	correspondence regarding the reports made by the commissioner or the
419		-	commissioner's designees. The provisions of this subsection shall
420		-	expire on July 1, 2029, unless the legislature reviews and acts to
421		-	continue such provisions pursuant to K.S.A. 45-229, and amendments
422		-	thereto, prior to July 1, 2029.
423		-	(c) For the purpose of any examination, investigation or
424		-	proceeding under this act, the commissioner or the commissioner's
425		-	designee may administer oaths and affirmations, subpoena witnesses,
426		-	compel such witnesses' attendance, introduce evidence and require the
427		-	production of any matter that is relevant to the examination or
428		-	investigation, including the existence, description, nature, custody,
429		-	condition and location of any books, documents or other tangible things
430		-	and the identity and location of persons having knowledge of relevant
431		-	facts or any other matter reasonably calculated to lead to the discovery
432		-	of relevant information or items.
433		-	(d) The adoption of an informal agreement authorized by this
434		-	section shall not be subject to the provisions of the Kansas
435		-	administrative procedure act or the Kansas judicial review act. Any
436		-	informal agreement authorized by this subsection shall not be
437		-	considered an order or other agency action and shall be considered
438		-	confidential examination material. All such examination material shall
439		-	be confidential by law and privileged, shall not be subject to the
440		-	provisions of the open records act, K.S.A. 45-215 et seq., and
441		-	amendments thereto, shall not be subject to subpoena and shall not be
442		-	subject to discovery or admissible in evidence in any private civil
443		-	action. The provisions of this subsection shall expire on July 1, 2029,
444		-	unless the legislature reviews and acts to continue such provisions
445		-	pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1,
446		-	2029.
447		-	Sec. 5. K.S.A. 2024 Supp. 22-4714 is hereby amended to read as
448		-	follows: 22-4714. (a) A governmental agency other than a criminal
449		-	justice agency as defined in K.S.A. 22-4701, and amendments thereto,
450		-	identified in subsection (b) may require a person to be fingerprinted and HOUSE BILL No. 2342—page 8
451		-	shall submit such fingerprints to the Kansas bureau of investigation and
452		-	the federal bureau of investigation for a search of the state and federal
453		-	database. Fingerprints provided pursuant to this section may be used to
454		-	identify a person and to determine whether such person has a record of
455		-	criminal history in this state or in another jurisdiction. An agency
456		-	identified in subsection (b) may use the information obtained from the
457		-	criminal history record check for the purposes of verifying the
458		-	identification of a person and in the official determination of the
459		-	qualifications and fitness of such person to be issued or maintain
460		-	employment, licensure, registration, certification or a permit, act as an
461		-	agent of a licensee, hold ownership of a licensee or serve as a director
462		-	or officer of a licensee.
	77	+	financial management responsibilities, the collection or maintenance of, or
	78	+	access to, confidential personal or business information or a significant
	79	+	risk of fraud or financial liability to the department.
	80	+	(e) The provisions of K.S.A. 75-7241, and amendments thereto, shall
	81	+	supersede the provisions of this section.
	82	+	Sec. 2. K.S.A. 2024 Supp. 22-4714 is hereby amended to read as
	83	+	follows: 22-4714. (a) A governmental agency other than a criminal justice
	84	+	agency as defined in K.S.A. 22-4701, and amendments thereto, identified
	85	+	in subsection (b) may require a person to be fingerprinted and shall submit
	86	+	such fingerprints to the Kansas bureau of investigation and the federal
	87	+	bureau of investigation for a search of the state and federal database.
	88	+	Fingerprints provided pursuant to this section may be used to identify a
	89	+	person and to determine whether such person has a record of criminal
	90	+	history in this state or in another jurisdiction. An agency identified in
	91	+	subsection (b) may use the information obtained from the criminal history
	92	+	record check for the purposes of verifying the identification of a person
	93	+	and in the official determination of the qualifications and fitness of such
	94	+	person to be issued or maintain employment, licensure, registration,
	95	+	certification or a permit, act as an agent of a licensee, hold ownership of a
	96	+	licensee or serve as a director or officer of a licensee.
463	97		(b) (1) The Kansas bureau of investigation shall release criminal
464	98		history record information related to adult convictions, adult non-
465	99		convictions, adult diversions, adult expunged records, juvenile
466		-	adjudications, juvenile non-adjudications, juvenile diversions and
467		-	juvenile expunged records to:
468		-	(A) The Kansas department for children and families or the
469		-	Kansas department for aging and disability services for initial or
470		-	continuing employment or participation in any program administered
471		-	for the placement, safety, protection or treatment of vulnerable children
472		-	or adults as described in K.S.A. 75-53,105, and amendments thereto;
473		-	(B) the attorney general for applicants as defined in K.S.A. 75-
474		-	7b01, and amendments thereto, in connection with such application as
475		-	described in K.S.A. 75-7b04 and 75-7b17, and amendments thereto;
476		-	(C) the attorney general for applicants as defined in K.S.A. 75-
477		-	7c02, and amendments thereto, in connection with such application as
478		-	described in K.S.A. 75-7c05, and amendments thereto;
479		-	(D) the attorney general for applicants as defined in K.S.A. 75-
480		-	7b01, and amendments thereto, in connection with such application for
481		-	certification as described in K.S.A. 75-7b21, and amendments thereto;
482		-	and
483		-	(E) the attorney general for applicants as defined in K.S.A. 7e01,
484		-	and amendments thereto, in connection with such application as
485		-	described in K.S.A. 75-7e03, and amendments thereto.
486		-	(2) The Kansas bureau of investigation shall release criminal
487		-	history record information related to adult convictions, adult non-
488		-	convictions, adult diversions, adult expunged records and juvenile
489		-	expunged records to:
	100	+	adjudications, juvenile non-adjudications, juvenile diversions and juvenile
	101	+	expunged records to the Kansas department for children and families or
	102	+	the Kansas department for aging and disability services for initial or
	103	+	continuing employment or participation in any program administered for
	104	+	the placement, safety, protection or treatment of vulnerable children or
	105	+	adults as described in K.S.A. 75-53,105, and amendments thereto.
	106	+	(2) The Kansas bureau of investigation shall release criminal history
	107	+	record information related to adult convictions, adult non-convictions,
	108	+	adult diversions, adult expunged records and juvenile expunged records to:
490	109		(A) The state lottery for candidates for employees as defined in
491	110		K.S.A. 74-8702, and amendments thereto, in connection with such
492		-	employment as described in K.S.A. 74-8704, and amendments thereto;
493		-	and
	111	+	employment as described in K.S.A. 74-8704, and amendments thereto; and
494	112		(B) the Kansas racing and gaming commission for candidates for
495	113		employees or licensees as defined in K.S.A. 74-8802, and amendments
496	114		thereto, in connection with such employment or license as described in
497	115		K.S.A. 74-8804, and amendments thereto, including an applicant for a
498	116		simulcasting license.
499		-	(3) The Kansas bureau of investigation shall release criminal
500		-	history record information related to adult convictions, adult non-
501		-	convictions, adult diversions, adult expunged records, juvenile
502		-	adjudications, juvenile non-adjudications and juvenile diversions to:
503		-	(A) The emergency medical services board for applicants as
504		-	defined in K.S.A. 65-6129, and amendments thereto, in connection
505		-	with such application as described in K.S.A. 65-6129, and amendments
506		-	thereto;
507		-	(B) the attorney general for applicants as defined in K.S.A 75-
508		-	7c01, and amendments thereto, in connection with such application as
509		-	described in K.S.A. 75-7c05, and amendments thereto; and
	117	+	(3) The Kansas bureau of investigation shall release criminal history
	118	+	1
	119	+	2
	120	+	3
	121	+	4
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	148	+	31
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	152	+	35
	153	+	36
	154	+	37
	155	+	38
	156	+	39
	157	+	40
	158	+	41
	159	+	42
	160	+	43 HB 2342 3
	161	+	record information related to adult convictions, adult non-convictions,
	162	+	adult diversions, adult expunged records, juvenile adjudications, juvenile
	163	+	non-adjudications and juvenile diversions to:
	164	+	(A) The emergency medical services board for applicants as defined
	165	+	in K.S.A. 65-6129, and amendments thereto, in connection with such
	166	+	application as described in K.S.A. 65-6129, and amendments thereto;
	167	+	(B) the attorney general for applicants as defined in K.S.A 75-7c01,
	168	+	and amendments thereto, in connection with such application as described
	169	+	in K.S.A. 75-7c05, and amendments thereto; and
510	170		(C) the department of administration for candidates for sensitive
511	171		employees as defined in K.S.A. 75-3707e, and amendments thereto, in
512		-	connection with such employment as described in K.S.A. 75-3707e,
513		-	and amendments thereto; and
514		-	(C) the state gaming agency for candidates for employees and HOUSE BILL No. 2342—page 9
515		-	licensees as defined in K.S.A. 74-9802, and amendments thereto, in
516		-	connection with such employment or license as described in K.S.A. 74-
517		-	9805, and amendments thereto.
518		-	(4) The Kansas bureau of investigation shall release criminal
519		-	history record information related to adult convictions, adult non-
520		-	convictions, adult diversions and adult expunged records to:
	172	+	connection with such employment as described in K.S.A. 75-3707e, and
	173	+	amendments thereto.
	174	+	(4) The Kansas bureau of investigation shall release criminal history
	175	+	record information related to adult convictions, adult non-convictions,
	176	+	adult diversions and adult expunged records to:
521	177		(A) The supreme court and state board of law examiners for
522	178		applicants as defined in K.S.A. 7-127, and amendments thereto, in
523	179		connection with such application as described in K.S.A. 7-127, and
524		-	amendments thereto; ~~and~~
	180	+	amendments thereto;
525	181		(B) the state gaming agency for candidates for employees and
526	182		licensees as defined in K.S.A. 74-9802, and amendments thereto, in
527	183		connection with such employment or license as described in K.S.A. 74-
528	184		9805, and amendments thereto;
529		-	(C) the attorney general for applicants as defined in K.S.A. 75-
530		-	7b01, and amendments thereto, in connection with such application as
531		-	described in K.S.A. 75-7b04, and amendments thereto;
532		-	(D) the attorney general for applicants as defined in K.S.A. 75-
533		-	7b01, and amendments thereto, in connection with such application for
534		-	certification as described in K.S.A. 75-7b21, and amendments thereto;
535		-	and
	185	+	(C) the attorney general for applicants as defined in K.S.A. 75-7b01,
	186	+	and amendments thereto, in connection with such application as described
	187	+	in K.S.A. 75-7b04, and amendments thereto;
	188	+	(D) the attorney general for applicants as defined in K.S.A. 75-7b01,
	189	+	and amendments thereto, in connection with such application for
	190	+	certification as described in K.S.A. 75-7b21, and amendments thereto; and
536	191		(E) the commission on peace officers' standards and training for
537		-	applicants for certification under the Kansas law enforcement training
538		-	~~act~~ as described in K.S.A. 74-5607, and amendments thereto.
539		-	(5) The Kansas bureau of investigation shall release criminal
540		-	~~history~~ record information related to adult convictions, adult non-
541		-	~~convictions,~~ adult diversions and juvenile adjudications to:
	192	+	applicants for certification under the Kansas law enforcement training act
	193	+	as described in K.S.A. 74-5607, and amendments thereto.
	194	+	(5) The Kansas bureau of investigation shall release criminal history
	195	+	record information related to adult convictions, adult non-convictions,
	196	+	adult diversions and juvenile adjudications to:
542	197		(A) The athletic commission within the Kansas department of
543		-	commerce for a candidate for boxing commission as defined in K.S.A.
544		-	74-50,182, and amendments thereto, in connection with such
545		-	appointment as described in K.S.A. 74-50,184, and amendments
546		-	thereto; and
547		-	(B) the secretary of health and environment for employees at a
548		-	child care facility as defined in K.S.A. 65-503, and amendments
549		-	thereto, in connection with such employment as described in K.S.A.
550		-	65-516, and amendments thereto;
	198	+	commerce for a candidate for boxing commission as defined in K.S.A. 74-
	199	+	50,182, and amendments thereto, in connection with such appointment as
	200	+	described in K.S.A. 74-50,184, and amendments thereto; and
	201	+	(B) the secretary of health and environment for employees at a child
	202	+	care facility as defined in K.S.A. 65-503, and amendments thereto, in
	203	+	connection with such employment as described in K.S.A. 65-516, and
	204	+	1
	205	+	2
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	243	+	40
	244	+	41
	245	+	42
	246	+	43 HB 2342 4
	247	+	amendments thereto, and
551	248		(C) the secretary of commerce for final applicants for a sensitive
552		-	position or employees in a sensitive position as defined in section 1,
553		-	and amendments thereto, in connection with such employment as
554		-	described in section 1, and amendments thereto;
555		-	(D) the secretary of labor for employees as defined in K.S.A. 75-
556		-	5702, and amendments thereto, in connection with such employment as
557		-	described in K.S.A. 75-5702, and amendments thereto; and
558		-	(E) the state bank commissioner for any officer, partner, member,
559		-	owner, principal or director of an applicant or registrant in connection
560		-	with such application or registration as described in K.S.A. 2024 Supp.
561		-	9-2411, and amendments thereto.
562		-	(6) The Kansas bureau of investigation shall release criminal
563		-	history record information related to adult convictions and juvenile
564		-	adjudications to:
565		-	(A) The secretary for aging and disability services for applicants
566		-	as defined in K.S.A. 39-970, and amendments thereto, in connection
567		-	with such application as described in K.S.A. 39-970, and amendments
568		-	thereto;
	249	+	position or employees in a sensitive position as defined in section 1, and
	250	+	amendments thereto, in connection with such employment as described in
	251	+	section 1, and amendments thereto.
	252	+	(6) The Kansas bureau of investigation shall release criminal history
	253	+	record information related to adult convictions and juvenile adjudications
	254	+	to:
	255	+	(A) The secretary for aging and disability services for applicants as
	256	+	defined in K.S.A. 39-970, and amendments thereto, in connection with
	257	+	such application as described in K.S.A. 39-970, and amendments thereto;
569	258		(B) the Kansas department for aging and disability services for
570	259		applicants as defined in K.S.A. 39-2009, and amendments thereto, in
571	260		connection with such application as described in K.S.A. 39-2009, and
572	261		amendments thereto; and
573	262		(C) the secretary for aging and disability services for applicants as
574	263		defined in K.S.A. 65-5117, and amendments thereto, in connection with
575		-	such application as described in K.S.A. 65-5117, and amendments
576		-	thereto.
577		-	(7) The Kansas bureau of investigation shall release criminal
578		-	history record information related to adult convictions and adult non- HOUSE BILL No. 2342—page 10
579		-	convictions to:
580		-	(A) The division of motor vehicles within the department of
581		-	revenue for applicants for reinstatement of a license to drive a
582		-	commercial motor vehicle as described in K.S.A. 8-2,142, and
	264	+	such application as described in K.S.A. 65-5117, and amendments thereto.
	265	+	(7) The Kansas bureau of investigation shall release criminal history
	266	+	record information related to adult convictions and adult non-convictions
	267	+	to:
	268	+	(A) The division of motor vehicles within the department of revenue
	269	+	for applicants for reinstatement of a license to drive a commercial motor
	270	+	vehicle as described in K.S.A. 8-2,142, and amendments thereto;
	271	+	(B) the board of examiners in optometry for applicants or licensees as
	272	+	defined in K.S.A. 65-1501, and amendments thereto, in connection with
	273	+	such application or an investigation as described in K.S.A. 65-1505, and
583	274		amendments thereto;
584		-	(B) the board of examiners in optometry for applicants or
585		-	licensees as defined in K.S.A. 65-1501, and amendments thereto, in
586		-	connection with such application or an investigation as described in
587		-	K.S.A. 65-1505, and amendments thereto;
588	275		(C) the board of pharmacy for fingerprint candidates as defined in
589	276		K.S.A. 65-1626, and amendments thereto, in connection with such
590	277		application or license as described in K.S.A. 65-1696, and amendments
591	278		thereto;
592	279		(D) the state board of healing arts for applicants or licensees as
593		-	defined in K.S.A. 65-2802, and amendments thereto, in connection
594		-	~~with~~ such application or an investigation as described in K.S.A. 65-
595		-	~~28,129, and~~ amendments thereto;
	280	+	defined in K.S.A. 65-2802, and amendments thereto, in connection with
	281	+	such application or an investigation as described in K.S.A. 65-28,129, and
	282	+	amendments thereto;
596	283		(E) the state board of healing arts for applicants or licensees as
597		-	defined in K.S.A. 65-2901, and amendments thereto, in connection
598		-	with such application or an investigation as described in K.S.A. 65-
599		-	2924, and amendments thereto;
600		-	(F) the board of nursing for applicants as defined in K.S.A. 74-
601		-	1112, and amendments thereto, in connection with such application as
602		-	described in K.S.A. 74-1112, and amendments thereto;
603		-	(G) the behavioral sciences regulatory board for licensees as
604		-	defined in K.S.A. 74-7511, and amendments thereto, in connection with
605		-	such application or license as described in K.S.A. 74-7511, and
	284	+	defined in K.S.A. 65-2901, and amendments thereto, in connection with
	285	+	such application or an investigation as described in K.S.A. 65-2924, and
606	286		amendments thereto;
	287	+	(F) the board of nursing for applicants as defined in K.S.A. 74-1112,
	288	+	and amendments thereto, in connection with such application as described
	289	+	in K.S.A. 74-1112, and amendments thereto;
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	333	+	(G) the behavioral sciences regulatory board for licensees as defined
	334	+	in K.S.A. 74-7511, and amendments thereto, in connection with such
	335	+	application or license as described in K.S.A. 74-7511, and amendments
	336	+	thereto;
607	337		(H) the state lottery for a vendor to whom a major procurement
608		-	contract is to be awarded in connection with an investigation as
609		-	~~described~~ in K.S.A. 74-8705, and amendments thereto;
	338	+	contract is to be awarded in connection with an investigation as described
	339	+	in K.S.A. 74-8705, and amendments thereto;
610	340		(I) the attorney general for appointees of the governor to positions
611		-	subject to confirmation by the senate and judicial appointees as
612		-	~~described~~ in K.S.A. 75-712, and amendments thereto;
	341	+	subject to confirmation by the senate and judicial appointees as described
	342	+	in K.S.A. 75-712, and amendments thereto;
613	343		(J) appointing authorities as defined in K.S.A. 75-4315d, and
614	344		amendments thereto, for nongubernatorial appointees as described in
615	345		K.S.A. 75-4315d, and amendments thereto;
616	346		(K) the Kansas real estate commission for applicants as defined in
617	347		K.S.A. 58-3035, and amendments thereto, or for licensees as defined in
618	348		K.S.A. 58-3035, and amendments thereto, in connection with an
619	349		investigation as described in K.S.A. 58-3039, and amendments thereto;
620	350		(L) the insurance commissioner for applicants for licensure as an
621		-	insurance agent as defined in K.S.A. 40-4902, and amendments thereto,
622		-	in connection with such application as described in K.S.A. 40-4905,
623		-	and amendments thereto; and
624		-	(M) the insurance commissioner for applicants as defined in
625		-	K.S.A. 40-5501, and amendments thereto, in connection with such
626		-	application as described in K.S.A. 40-5505, and amendments thereto;
627		-	and
628		-	(N) the state bank commissioner for applicants in control of a
629		-	licensee, licensees or key individuals as defined in K.S.A. 2024 Supp.
630		-	9-555, and amendments thereto, in connection with such application as
631		-	described in K.S.A. 2024 Supp. 9-565, and amendments thereto.
632		-	(8) The Kansas bureau of investigation shall release criminal
633		-	history record information related to adult convictions to:
634		-	(A) The department of agriculture for hemp employees as defined
635		-	in K.S.A. 2-3901, and amendments thereto, in connection with such
	351	+	insurance agent as defined in K.S.A. 40-4902, and amendments thereto, in
	352	+	connection with such application as described in K.S.A. 40-4905, and
	353	+	amendments thereto; and
	354	+	(M) the insurance commissioner for applicants as defined in K.S.A.
	355	+	40-5501, and amendments thereto, in connection with such application as
	356	+	described in K.S.A. 40-5505, and amendments thereto.
	357	+	(8) The Kansas bureau of investigation shall release criminal history
	358	+	record information related to adult convictions to:
	359	+	(A) The department of agriculture for hemp employees as defined in
	360	+	K.S.A. 2-3901, and amendments thereto, in connection with such
636	361		employment as described in K.S.A. 2-3902, and amendments thereto;
637	362		(B) the department of agriculture for applicants for licensure as a
638		-	hemp producer as defined in K.S.A. 2-3901, and amendments thereto,
639		-	in connection with such application as described in K.S.A. 2-3906, and
	363	+	hemp producer as defined in K.S.A. 2-3901, and amendments thereto, in
	364	+	connection with such application as described in K.S.A. 2-3906, and
640	365		amendments thereto;
641		-	(C) the office of state fire marshal for applicants for registration as
642		-	a hemp processor as defined in K.S.A. 2-3901, and amendments HOUSE BILL No. 2342—page 11
643		-	thereto, in connection with such application as described in K.S.A. 2-
644		-	3907, and amendments thereto;
645		-	(D) the department of agriculture for hemp destruction employees
646		-	as defined in K.S.A. 2-3901, and amendments thereto, in connection
647		-	with such employment as described in K.S.A. 2-3911, and amendments
648		-	thereto;
649		-	(E) the bank commissioner for any applicant as defined in K.S.A.
650		-	9-508, and amendments thereto, in connection with such application as
	366	+	(C) the office of state fire marshal for applicants for registration as a
	367	+	hemp processor as defined in K.S.A. 2-3901, and amendments thereto, in
	368	+	connection with such application as described in K.S.A. 2-3907, and
	369	+	amendments thereto;
	370	+	(D) the department of agriculture for hemp destruction employees as
	371	+	defined in K.S.A. 2-3901, and amendments thereto, in connection with
	372	+	such employment as described in K.S.A. 2-3911, and amendments thereto;
	373	+	(E) the bank commissioner for any applicant as defined in K.S.A. 9-
	374	+	508, and amendments thereto, in connection with such application as
651	375		described in K.S.A. 9-509, and amendments thereto;
652		-	(F) the bank commissioner for an applicant for employment as a
653		-	new executive officer or director with a money transmitter company as
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	419	+	(F) the bank commissioner for an applicant for employment as a new
	420	+	executive officer or director with a money transmitter company as
654	421		described in K.S.A. 9-513e, and amendments thereto;
655		-	(G) the bank commissioner for any applicant as defined in K.S.A.
656		-	9-1719, and amendments thereto, in connection with such application
657		-	as described in K.S.A. 9-1722, and amendments thereto;
658		-	(H) the bank commissioner for an applicant, registrant or licensee
659		-	as defined in K.S.A. 9-2201, and amendments thereto, in connection
660		-	~~with~~ such application, registration or license as described in K.S.A. 9-
661		-	~~2209, and~~ amendments thereto;
662		-	(I) the state banking board for any officer, director or organizer of
663		-	a proposed fiduciary financial institution as defined in K.S.A. 9-2301,
664		-	~~and~~ amendments thereto, in connection with such role as described in
665		-	~~K.S.A.~~ 9-2302, and amendments thereto;
	422	+	(G) the bank commissioner for any applicant as defined in K.S.A. 9-
	423	+	1719, and amendments thereto, in connection with such application as
	424	+	described in K.S.A. 9-1722, and amendments thereto;
	425	+	(H) the bank commissioner for an applicant, registrant or licensee as
	426	+	defined in K.S.A. 9-2201, and amendments thereto, in connection with
	427	+	such application, registration or license as described in K.S.A. 9-2209, and
	428	+	amendments thereto;
	429	+	(I) the state banking board for any officer, director or organizer of a
	430	+	proposed fiduciary financial institution as defined in K.S.A. 9-2301, and
	431	+	amendments thereto, in connection with such role as described in K.S.A.
	432	+	9-2302, and amendments thereto;
666	433		(J) municipalities for applicants for merchant or security police as
667	434		described in K.S.A. 12-1679, and amendments thereto;
668		-	(K) the bank commissioner for applicants as defined in K.S.A.
669		-	~~16a-6-~~104, and amendments thereto, in connection with such
670		-	~~application as~~ described in K.S.A. 16a-6-104, and amendments thereto;
	435	+	(K) the bank commissioner for applicants as defined in K.S.A. 16a-6-
	436	+	104, and amendments thereto, in connection with such application as
	437	+	described in K.S.A. 16a-6-104, and amendments thereto;
671	438		(L) the state department of credit unions for every candidate as
672		-	defined in K.S.A. 17-2234, and amendments thereto, in connection
673		-	~~with~~ such employment as described in K.S.A. 17-2234, and
674		-	~~amendments~~ thereto;
675		-	(M) the division of alcoholic beverage control within the
676		-	~~department~~ of revenue for applicants as defined in K.S.A. 41-102, and
677		-	~~amendments~~ thereto, in connection with such application as described
678		-	~~in K.S.A. 41-~~311b, and amendments thereto;
679		-	(N) the division of post audit for employees as defined in K.S.A.
680		-	~~46-~~1103, and amendments thereto, in connection with such
681		-	~~employment as~~ described in K.S.A. 46-1103, and amendments thereto;
	439	+	defined in K.S.A. 17-2234, and amendments thereto, in connection with
	440	+	such employment as described in K.S.A. 17-2234, and amendments
	441	+	thereto;
	442	+	(M) the division of alcoholic beverage control within the department
	443	+	of revenue for applicants as defined in K.S.A. 41-102, and amendments
	444	+	thereto, in connection with such application as described in K.S.A. 41-
	445	+	311b, and amendments thereto;
	446	+	(N) the division of post audit for employees as defined in K.S.A. 46-
	447	+	1103, and amendments thereto, in connection with such employment as
	448	+	described in K.S.A. 46-1103, and amendments thereto;
682	449		(O) the bank commissioner for licensees as defined in K.S.A. 50-
683	450		1126, and amendments thereto, in connection with such license as
684	451		described in K.S.A. 50-1128, and amendments thereto;
685		-	(P) the real estate appraisal board for licensees as defined in
686		-	K.S.A. 58-4102, and amendments thereto, in connection with an
687		-	application or investigation as described in K.S.A. 58-4127, and
	452	+	(P) the real estate appraisal board for licensees as defined in K.S.A.
	453	+	58-4102, and amendments thereto, in connection with an application or
	454	+	investigation as described in K.S.A. 58-4127, and amendments thereto;
	455	+	(Q) the real estate appraisal board for applicants as defined in K.S.A.
	456	+	58-4703, and amendments thereto, in connection with such application as
	457	+	described in K.S.A. 58-4709, and amendments thereto;
	458	+	(R) the department of health and environment for an employee as
	459	+	defined in K.S.A. 65-2401, and amendments thereto, in connection with
	460	+	such employment as described in K.S.A. 65-2402, and amendments
	461	+	thereto;
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	505	+	(S) the Kansas commission on veterans affairs office for candidates
	506	+	as defined in K.S.A. 73-1210a, and amendments thereto, in connection
	507	+	with an application as described in K.S.A. 73-1210a, and amendments
	508	+	thereto;
	509	+	(T) a senate standing committee for a member named, appointed or
	510	+	elected to the public employee retirement systems board of trustee
	511	+	membership as described in K.S.A. 74-4905, and amendments thereto;
	512	+	(U) the attorney general for applicants as defined in K.S.A. 75-7e01,
	513	+	and amendments thereto, in connection with such application as described
	514	+	in K.S.A. 75-7e03, and amendments thereto;
	515	+	(V) the department of revenue for employees as defined in K.S.A. 75-
	516	+	5133c, and amendments thereto, in connection with such employment as
	517	+	described in K.S.A. 75-5133c, and amendments thereto;
	518	+	(W) the divison of motor vehicles within the department of revenue
	519	+	for employees as defined in K.S.A. 75-5156, and amendments thereto, in
	520	+	connection with such employment as described in K.S.A. 75-5156, and
688	521		amendments thereto;
689		-	(Q) the real estate appraisal board for applicants as defined in
690		-	K.S.A. 58-4703, and amendments thereto, in connection with such
691		-	application as described in K.S.A. 58-4709, and amendments thereto;
692		-	(R) the department of health and environment for an employee as
693		-	defined in K.S.A. 65-2401, and amendments thereto, in connection
694		-	with such employment as described in K.S.A. 65-2402, and
	522	+	(X) the Kansas commission for the deaf and hard of hearing for
	523	+	applicants as defined in K.S.A. 75-5397f, and amendments thereto, in
	524	+	connection with such application as described in K.S.A. 75-5393a, and
695	525		amendments thereto;
696		-	(S) the Kansas commission on veterans affairs office of veterans
697		-	services for candidates as defined in K.S.A. 73-1210a, and amendments
698		-	thereto, in connection with an application as described in K.S.A. 73-
699		-	1210a, and amendments thereto;
700		-	(T) a senate standing committee for a member named, appointed
701		-	or elected to the public employee retirement systems board of trustee
702		-	membership as described in K.S.A. 74-4905, and amendments thereto;
703		-	(U) the attorney general for applicants as defined in K.S.A. 75-
704		-	7e01, and amendments thereto, in connection with such application as
705		-	described in K.S.A. 75-7e03, and amendments thereto;
706		-	(V) the department of revenue for employees as defined in K.S.A. HOUSE BILL No. 2342—page 12
707		-	75-5133c, and amendments thereto, in connection with such
708		-	employment as described in K.S.A. 75-5133c, and amendments thereto;
709		-	(W)(V) the divison division of motor vehicles within the
710		-	department of revenue for employees as defined in K.S.A. 75-5156,
711		-	and amendments thereto, in connection with such employment as
712		-	described in K.S.A. 75-5156, and amendments thereto;
713		-	(X)(W) the Kansas commission for the deaf and hard of hearing
714		-	for applicants as defined in K.S.A. 75-5397f, and amendments thereto,
715		-	in connection with such application as described in K.S.A. 75-5393a,
716		-	and amendments thereto;
717		-	(Y)(X) the Kansas commission for the deaf and hard of hearing for
	526	+	(Y) the Kansas commission for the deaf and hard of hearing for
718	527		employees as defined in K.S.A. 75-5397f, and amendments thereto, in
719		-	connection with such employment as described in K.S.A. 75-5393c,
720		-	and amendments thereto;
721		-	(Z)(Y) the department of health and environment for employees as
722		-	defined in K.S.A. 75-5609a, and amendments thereto, in connection
723		-	with such employment as described in K.S.A. 75-5609a, and
724		-	amendments thereto; and
725		-	(AA)(Z) an executive branch agency head for employees as
726		-	defined in K.S.A. 75-7241, and amendments thereto, in connection
727		-	with such employment as described in K.S.A. 75-7241, and
728		-	amendments thereto.
729		-	(c) State and local law enforcement agencies shall assist with
730		-	taking fingerprints of individuals as authorized by this section.
	528	+	connection with such employment as described in K.S.A. 75-5393c, and
	529	+	amendments thereto;
	530	+	(Z) the department of health and environment for employees as
	531	+	defined in K.S.A. 75-5609a, and amendments thereto, in connection with
	532	+	such employment as described in K.S.A. 75-5609a, and amendments
	533	+	thereto; and
	534	+	(AA) an executive branch agency head for employees as defined in
	535	+	K.S.A. 75-7241, and amendments thereto, in connection with such
	536	+	employment as described in K.S.A. 75-7241, and amendments thereto.
	537	+	(c) State and local law enforcement agencies shall assist with taking
	538	+	fingerprints of individuals as authorized by this section.
731	539		(d) Any board, commission, committee or other public body shall
732	540		recess into a closed executive session pursuant to K.S.A. 75-4319, and
733	541		amendments thereto, to receive and discuss criminal history record
734	542		information obtained pursuant to this section.
735		-	(e) The Kansas bureau of investigation may charge a reasonable
736		-	fee for conducting a criminal history record check.
737		-	(f) (1) Fingerprints and criminal history record information
738		-	received pursuant to this section shall be confidential and shall not be
739		-	subject to the provisions of the Kansas open records act, K.S.A. 45-215
740		-	et seq., and amendments thereto. The provisions of this paragraph shall
741		-	expire on July 1, 2029, unless the legislature reviews and reenacts this
742		-	provision pursuant to K.S.A. 45-229, and amendments thereto, prior to
743		-	July 1, 2029.
	543	+	(e) The Kansas bureau of investigation may charge a reasonable fee
	544	+	for conducting a criminal history record check.
	545	+	(f) (1) Fingerprints and criminal history record information received
	546	+	pursuant to this section shall be confidential and shall not be subject to the
	547	+	provisions of the Kansas open records act, K.S.A. 45-215 et seq., and
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	591	+	amendments thereto. The provisions of this paragraph shall expire on July
	592	+	1, 2029, unless the legislature reviews and reenacts this provision pursuant
	593	+	to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.
744	594		(2) Disclosure or use of any information received pursuant to this
745	595		section for any purpose other than the purpose described in this section
746		-	shall be a class A nonperson misdemeanor and shall constitute grounds
747		-	for removal from office.
748		-	Sec. 6. K.S.A. 2024 Supp. 75-7b01 is hereby amended to read as
749		-	follows: 75-7b01. As used in this act:
750		-	(a) "Applicant" means a person who has submitted an application
751		-	for licensure as a private detective or private detective agency pursuant
752		-	to this act, a person who has submitted an application for a firearm
753		-	permit pursuant to this act or a person who has submitted an
754		-	application to become certified to train private detectives in the
755		-	handling of firearms and the lawful use of force.
756		-	(b) "Detective business" means the furnishing of, making of or
757		-	agreeing to make any investigation for the purpose of obtaining
758		-	information with reference to:
759		-	(1) Crime or wrongs done or threatened against the United States
760		-	or any state or territory of the United States, or any political subdivision
761		-	thereof when furnished or made by persons other than law enforcement
762		-	officers;
763		-	(2) the identity, habits, conduct, business, occupation, honesty,
764		-	integrity, credibility, knowledge, trustworthiness, efficiency, loyalty,
765		-	activity, movement, whereabouts, affiliations, associations,
766		-	transactions, acts, reputation or character of any person;
767		-	(3) the location, disposition or recovery of lost or stolen property;
768		-	(4) the cause or responsibility for fires, libels, losses, frauds,
769		-	accidents or damage or injury to persons or to property; or
770		-	(5) securing evidence to be used before any court, board, officer or HOUSE BILL No. 2342—page 13
771		-	investigating committee.
772		-	(c) "Private detective" means any person who, for any
773		-	consideration whatsoever, engages in detective business.
774		-	(d) "Private detective agency" means a person who regularly
775		-	employs any other person, other than an organization, to engage in
776		-	detective business.
777		-	(e) "Private patrol operator" means a person who, for any
778		-	consideration whatsoever, agrees to furnish or furnishes a watchman,
779		-	guard, patrolman or other person to protect persons or property or to
780		-	prevent the theft, unlawful taking, loss, embezzlement,
781		-	misappropriation or concealment of any goods, wares, merchandise,
782		-	money, bonds, stocks, notes, documents, papers or property of any
783		-	kind, or performs the service of such watchman, guard, patrolman or
784		-	other person for any such purposes.
785		-	(f) "Law enforcement officer" means a law enforcement officer as
786		-	defined in K.S.A. 21-5111, and amendments thereto.
787		-	(g) "Organization" means a corporation, trust, estate, partnership,
788		-	cooperative or association.
789		-	(h) "Person" means an individual or organization.
790		-	(i) "Firearm permit" means a permit for the limited authority to
791		-	carry a firearm concealed on or about the person by one licensed as a
792		-	private detective.
793		-	(j) "Firearm" means:
794		-	(1) A pistol or revolver which that is designed to be fired by the
795		-	use of a single hand and which that is designed to fire or capable of
796		-	firing fixed cartridge ammunition; or
797		-	(2) any other weapon which that will or is designed to expel a
798		-	projectile by the action of an explosive and which that is designed to be
799		-	fired by the use of a single hand.
800		-	(k) "Client" means any person who engages the services of a
801		-	private detective.
802		-	(l) "Dishonesty or fraud" means, in addition to other acts not
803		-	specifically enumerated herein:
804		-	(1) Knowingly making a false statement relating to evidence or
805		-	information obtained in the course of employment, or knowingly
806		-	publishing a slander or a libel in the course of business;
807		-	(2) using illegal means in the collection or attempted collection of
808		-	a debt or obligation;
809		-	(3) manufacturing or producing any false evidence; and
810		-	(4) acceptance of employment adverse to a client or former client
811		-	relating to a matter with respect to which the licensee has obtained
812		-	confidential information by reason of or in the course of the licensee's
813		-	employment by such client or former client.
814		-	Sec. 7. K.S.A. 75-5702 is hereby amended to read as follows: 75-
815		-	5702. (a) The secretary of labor may appoint, with the consent of the
816		-	governor, one public information officer, one or more division
817		-	directors, one personal secretary and one special assistant, all of whom
818		-	shall serve at the pleasure of the secretary of labor, shall be in the
819		-	unclassified service under the Kansas civil service act and shall receive
820		-	an annual salary fixed by the secretary of labor with the approval of the
821		-	governor.
822		-	(b) (1) The secretary may:
823		-	(A) Conduct public or private investigations within or outside of
824		-	this state which the secretary or the secretary's designee considers
825		-	necessary or appropriate to determine whether a person has violated, is
826		-	violating, or is about to violate the employment security law act or a
827		-	rule and regulation adopted or order issued under the employment
828		-	security law, or to aid in the enforcement of the employment security
829		-	law;
830		-	(B) require or permit a person to testify, file a statement, or
831		-	produce a record, under oath or otherwise as the secretary or the
832		-	secretary's designee determines, as to all the facts and circumstances
833		-	concerning a matter to be investigated or about which an action or
834		-	proceeding is to be instituted; and HOUSE BILL No. 2342—page 14
835		-	(C) appoint one or more special investigators to aid in
836		-	investigations conducted pursuant to this act.
837		-	(2) Such special investigators shall have authority to make arrests,
838		-	serve subpoenas and all other process, conduct searches and seizures,
839		-	store evidence, and carry firearms, concealed or otherwise while
840		-	investigating violations of the employment security law act and to
841		-	generally enforce all the criminal laws of the state as violations of those
842		-	laws are encountered by such special investigators, except that no
843		-	special investigator may carry firearms while performing such duties
844		-	without having first successfully completed the training course
845		-	prescribed for law enforcement officers under the Kansas law
846		-	enforcement training act, K.S.A. 74-5601 et seq., and amendments
847		-	thereto.
848		-	(c) The secretary of labor also may appoint such other officers and
849		-	employees as are necessary to enable the secretary to carry out the
850		-	duties of the office of the secretary and the department of labor.
851		-	(d) (1) The secretary of labor shall require an employee who has
852		-	access to federal tax information received directly from the internal
853		-	revenue service to be fingerprinted and submit to a state and national
854		-	criminal history record check in accordance with K.S.A. 2024 Supp.
855		-	22-4714, and amendments thereto.
856		-	(2) As used in this subsection, "employee" means a person who
857		-	has applied for employment or is currently employed with the Kansas
858		-	department of labor and who has been or will be granted access to
859		-	federal tax information received directly from the internal revenue
860		-	service.
861		-	(e) Except as otherwise specifically provided by law, such officers
862		-	and employees shall be within the classified service under the Kansas
863		-	civil service act. All personnel of the department of labor shall perform
864		-	the duties and functions assigned to such personnel by the secretary or
865		-	prescribed for such personnel by law and shall act for and exercise the
866		-	powers of the secretary of labor to the extent authority to do so is
867		-	delegated by the secretary. HOUSE BILL No. 2342—page 15
868		-	Sec. 8. K.S.A. 75-5702 and K.S.A. 2024 Supp. 9-555, 9-565, 9-
869		-	2411, 22-4714 and 75-7b01 are hereby repealed.
870		-	Sec. 9. This act shall take effect and be in force from and after its
871		-	publication in the Kansas register.
872		-	I hereby certify that the above BILL originated in the HOUSE, and was
873		-	adopted by that body
874		-
875		-	HOUSE adopted
876		-	Conference Committee Report
877		-
878		-	Speaker of the House.
879		-
880		-	Chief Clerk of the House.
881		-	Passed the SENATE
882		-	as amended
883		-	SENATE adopted
884		-	Conference Committee Report
885		-
886		-	President of the Senate.
887		-
888		-	Secretary of the Senate.
889		-	APPROVED
890		-
891		-
892		-
893		-	Governor.
	596	+	shall be a class A nonperson misdemeanor and shall constitute grounds for
	597	+	removal from office.
	598	+	Sec. 3. K.S.A. 2024 Supp. 22-4714 is hereby repealed.
	599	+	Sec. 4. This act shall take effect and be in force from and after its
	600	+	publication in the statute book.
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	609	+	9
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