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Session of 2025
SENATE BILL No. 248
By Committee on Judiciary
2-7
AN ACT concerning criminal history record information; providing
criminal history record information for hemp producers to the state fire
marshal; authorizing the attorney general and the state gaming agency
to receive more criminal history records; updating criminal history
record language related to the state bank commissioner; amending
K.S.A. 2024 Supp. 2-3906, 9-555, 9-565, 9-2411, 22-4714 and 75-7b01
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 2-3906 is hereby amended to read as
follows: 2-3906. (a) The Kansas department of agriculture, in consultation
with the governor and attorney general, shall submit a plan to the United
States department of agriculture under which the Kansas department of
agriculture will monitor and regulate the commercial production of
industrial hemp within the state in accordance with 7 U.S.C. § 1621 et seq.
and any rules and regulations adopted thereunder.
(b) Such plan shall include the following:
(1) A procedure to maintain relevant information regarding land on
which industrial hemp is produced, including a legal description of the
land, for a period of not less than three calendar years;
(2) a procedure for testing, using post-decarboxylation or other
similarly reliable methods, the delta-9 tetrahydrocannabinol concentration
levels of industrial hemp produced;
(3) a procedure for the effective disposal of industrial hemp and hemp
products that are found to be in violation of this act;
(4) any licensing requirements or other rules and regulations deemed
necessary by the Kansas department of agriculture for the proper
monitoring and regulation of industrial hemp cultivation and production
for commercial purposes, including, but not limited to:
(A) Fees for licenses, license renewals and other necessary expenses
to defray the cost of implementing and operating the plan on an ongoing
basis; and
(B) standards for authorized seed or clone plants;
(5) a procedure for the creation of documentation that any person in
possession of unprocessed industrial hemp may use to prove to any law
enforcement officer that such industrial hemp was lawfully grown under
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this section;
(6) a procedure for conducting annual inspections of, at a minimum, a
random sample of hemp producers to verify that industrial hemp is not
produced in violation of this act; and
(7) any other procedures necessary to meet the requirements set forth
in 7 U.S.C. § 1621 et seq. and any rules and regulations adopted
thereunder.
(c) (1) A hemp producer who negligently violates this section or any
rules and regulations adopted hereunder shall not be subject to any state or
local criminal enforcement action, but shall comply with the following
corrective actions as applicable:
(A) A reasonable date by which the hemp producer shall correct the
negligent violation; and
(B) a requirement that the hemp producer shall periodically report to
the Kansas department of agriculture on the hemp producer's compliance
with this section and rules and regulations adopted hereunder, for a period
of not less than the next two calendar years.
(2) A hemp producer who negligently violates this section or any
rules and regulations adopted hereunder three times in a five-year period
shall be ineligible to produce industrial hemp for a period of five years
beginning on the date of the third violation.
(3) The Kansas department of agriculture shall immediately report
any violation by a hemp producer with a greater culpable mental state than
negligence to the attorney general and such hemp producer shall not be
subject to the exemption in subsection (c)(1).
(d) Any individual otherwise eligible to become a licensed hemp
producer shall not be eligible to produce industrial hemp if such individual
has submitted any materially false information in any application to
become a licensed hemp producer.
(e) (1) The department state fire marshal shall require, as a
qualification for initial or continuing licensure, all individuals seeking a
license or license renewal as a hemp producer under this section to be
fingerprinted and to submit to a state and national criminal history record
check in accordance with K.S.A. 2024 Supp. 22-4714, and amendments
thereto. The state fire marshal may fix and collect a fee in an amount
necessary to reimburse the agency for the costs and fees associated with
processing the fingerprints.
(2) An individual who has been convicted of a felony violation of
article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments
thereto, or a substantially similar offense in another jurisdiction, within the
immediately preceding 10 years, shall be disqualified from initial or
continuing licensure as a hemp producer under this section.
(3) The individual seeking a license or license renewal as a hemp
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producer under this section shall pay the costs of fingerprinting and the
state and national criminal history record checks.
(f) The secretary of agriculture shall promulgate rules and regulations
to implement the plan submitted to the United States department of
agriculture and to otherwise effectuate the provisions of this section.
(g) Upon the repeal of 7 U.S.C. § 5940 or either the adoption of a
federal plan by the United States department of agriculture that allows for
the cultivation and production of industrial hemp for commercial purposes
within the state or upon the adoption of rules and regulations by the
Kansas secretary of agriculture that establish the cultivation and
production of industrial hemp for commercial purposes within the state,
the Kansas department of agriculture may discontinue the industrial hemp
research program established pursuant to K.S.A. 2-3902, and amendments
thereto.
(h) Any modification fee established by the department for any
requested change to a license that was previously issued by the department
under this section shall not exceed $50.
(i) Any licensing or other fees collected pursuant to this section and
any rules and regulations adopted hereunder shall be deposited in the
commercial industrial hemp act licensing fee fund established by K.S.A. 2-
3903, and amendments thereto, for all costs of the administration of the
commercial production of industrial hemp.
(j) This section shall be a part of and supplemental to the commercial
industrial hemp act, K.S.A. 2-3901 et seq., and amendments thereto.
Sec. 2. K.S.A. 2024 Supp. 9-555 is hereby amended to read as
follows: 9-555. (a) K.S.A. 2024 Supp. 9-555 through 9-596, and
amendments thereto, shall be known and may be cited as the Kansas
money transmission act.
(b) As used in the Kansas money transmission act:
(1) "Act" means the Kansas money transmission act.
(2) "Acting in concert" means persons knowingly acting together
with a common goal of jointly acquiring control of a licensee whether or
not pursuant to an express agreement.
(3) "Applicant in control of a licensee" means a person or a person in
a group of persons acting in concert that is in control of, or apply to
acquire control of, a licensee pursuant to K.S.A. 2024 Supp. 9-571, and
amendments thereto.
(4) "Authorized delegate" means a person designated by a licensee to
engage in money transmission on behalf of the licensee.
(4)(5) "Average daily money transmission liability" means the
amount of the licensee's outstanding money transmission obligations in
Kansas at the end of each day in a given period of time added together and
divided by the total number of days in the given period of time. For any
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licensee required to calculate "average daily money transmission liability"
pursuant to this act, the given period of time shall be the calendar quarters
ending March 31, June 30, September 30 and December 31.
(5)(6) "Closed loop stored value" means stored value that is
redeemable by the issuer only for goods or services provided by the issuer
or the issuer's affiliates or franchisees of the issuer or the franchisees's
affiliates, except to the extent required by applicable law to be redeemable
in cash for its cash value.
(6)(7) "Commissioner" means the state bank commissioner, or a
person designated by the state bank commissioner to enforce this act.
(7)(8) "Control" means the power to:
(A) V ote directly or indirectly at least 25% of the outstanding voting
shares or voting interests of a licensee or person in control of a licensee;
(B) elect or appoint a majority of key individuals or executive
officers, managers, directors, trustees or other persons exercising
managerial authority of a person in control of a licensee; or
(C) exercise, directly or indirectly, a controlling influence over the
management or policies of a licensee or person in control of a licensee.
(8)(9) "Eligible rating" means a credit rating from any of the three
highest rating categories provided by an eligible rating service. Each rating
category may include rating category modifiers such as plus or minus for
Standard & Poor or the equivalent for any other eligible rating service.
"Eligible rating" shall be determined as follows:
(A) Long-term credit ratings shall be deemed eligible if the rating is
equal to A- or higher by Standard & Poor or the equivalent from any other
eligible rating service.
(B) Short-term credit ratings are deemed eligible if the rating is equal
to or higher than A-2 or SP-2 by Standard & Poor or the equivalent from
any other eligible rating service. If ratings differ among eligible rating
services, the highest rating shall apply when determining whether a
security bears an eligible rating.
(9)(10) "Eligible rating service" means any nationally recognized
statistical rating organization that has been registered by the securities and
exchange commission or any organization designated by the commissioner
through order or rules and regulations as an eligible rating service.
(10)(11) "Federally insured depository financial institution" means a
bank, credit union, savings and loan association, trust company, savings
association, savings bank, industrial bank or industrial loan company
organized under the laws of the United States or any state of the United
States, when such bank, credit union, savings and loan association, trust
company, savings association, savings bank, industrial bank or industrial
loan company has federally insured deposits.
(11)(12) "In Kansas" means the:
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(A) Physical location of a person who is requesting a transaction in
person in the state of Kansas; or
(B) person's residential address or the principal place of business for a
person requesting a transaction electronically or by telephone if such
residential address or principal place of business is in the state of Kansas.
(12)(13) "Individual" means a natural person.
(13)(14) "Key individual" means any individual ultimately
responsible for establishing or directing policies and procedures of the
licensee, including, but not limited to, an executive officer, manager,
director or trustee.
(14)(15) "Licensee" means a person licensed under this act.
(15)(16) "Material litigation" means litigation, that according to
United States generally accepted accounting principles, is significant to a
person's financial health and would be a required disclosure in the person's
annual audited financial statements, report to shareholders or similar
records.
(16)(17) "Money" means a medium of exchange that is authorized or
adopted by the United States or a foreign government. "Money" includes a
monetary unit of account established by an intergovernmental organization
or by agreement between two or more governments.
(17)(18) "Monetary value" means a medium of exchange, whether or
not redeemable in money.
(18)(19) (A) "Money transmission" means any of the following:
(i) Selling or issuing payment instruments to a person located in
Kansas;
(ii) selling or issuing stored value to a person located in Kansas;
(iii) receiving money for transmission from a person located in
Kansas; or
(iv) payroll processing services.
(B) "Money transmission" does not include the provision of solely
online or telecommunications services or network access.
(19)(20) "Money service business accredited state" means a state
agency that is accredited by the conference of state bank supervisors and
money transmitter regulators association for money transmission licensing
and supervision.
(20)(21) "Multistate licensing process" means any agreement entered
into by state regulators relating to coordinated processing of applications
for money transmission licenses, applications for the acquisition of control
of a licensee, control determinations or notice and information
requirements for a change of key individuals.
(21)(22) "Nationwide multistate licensing system and registry" means
a licensing system developed by the conference of state bank supervisors
and the American association of residential mortgage regulators and
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owned and operated by the state regulatory registry, limited liability
company or any successor or affiliated entity for the licensing and
registration of persons in financial services industries.
(22)(23) (A) "Outstanding money transmission obligation" means:
(i) Any payment instrument or stored value issued or sold by the
licensee to a person located in the United States or reported as sold by an
authorized delegate of the licensee to a person that is located in the United
States that has not yet been paid or refunded by or for the licensee or
escheated in accordance with applicable abandoned property laws; or
(ii) any money received for transmission by the licensee or an
authorized delegate in the United States from a person located in the
United States that has not been received by the payee or refunded to the
sender or escheated in accordance with applicable abandoned property
laws.
(B) "In the United States" includes a person in any state, territory or
possession of the United States, the District of Columbia, the
commonwealth of Puerto Rico or a United States military installation that
is located in a foreign country.
(23)(24) "Passive investor" means a person that:
(A) Does not have the power to elect a majority of key individuals or
executive officers, managers, directors, trustees or other persons exercising
managerial authority of a person in control of a licensee;
(B) is not employed by and does not have any managerial duties of
the licensee or person in control of a licensee; or
(C) does not have the power to exercise, directly or indirectly, a
controlling influence over the management or policies of a licensee or
person in control of a licensee; and
(D) (i) Either attests to subparagraphs (A), (B) and (C) in a form and
in a manner prescribed by the commissioner; or
(ii) commits to the passivity characteristics of subparagraphs (A), (B)
and (C) in a written document.
(24)(25) (A) "Payment instrument" means a written or electronic
check, draft, money order, traveler's check or other written or electronic
instrument for the transmission or payment of money or monetary value,
regardless of negotiability.
(B) "Payment instrument" does not include stored value or any
instrument that is:
(i) Redeemable by the issuer only for goods or services provided by
the issuer or the issuer's affiliate or franchisees of the issuer or the
franchisees' affiliate, except to the extent required by applicable law to be
redeemable in cash for its cash value; or
(ii) not sold to the public but issued and distributed as part of a
loyalty, rewards or promotional program.
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(25)(26) "Payroll processing services" means the receipt of money for
transmission pursuant to a contract with a person to deliver wages or
salaries, make payment of payroll taxes to state and federal agencies, make
payments relating to employee benefit plans or make distributions of other
authorized deductions from wages or salaries. "Payroll processing
services" does not include an employer performing payroll processing
services on the employer's own behalf or on behalf of an affiliate.
(26)(27) "Person" means any individual, general partnership, limited
partnership, limited liability company, corporation, trust, association, joint
stock corporation or other corporate entity identified or recognized by the
commissioner.
(27)(28) "Receiving money for transmission" or "money received for
transmission" means the receipt of money or monetary value in the United
States for transmission within or outside the United States by electronic or
other means.
(28)(29) "Stored value" means monetary value representing a claim
against the issuer evidenced by an electronic or digital record and that is
intended and accepted for use as a means of redemption for money or
monetary value or payment for goods or services. "Stored value" includes,
but is not limited to, prepaid access as defined by 31 C.F.R. § 1010.100.
"Stored value" does not include a payment instrument or closed loop
stored value or stored value not sold to the public but issued and
distributed as part of a loyalty, rewards or promotional program.
(29)(30) "Tangible net worth" means the aggregate assets of a
licensee excluding all intangible assets, less liabilities, as determined in
accordance with United States generally accepted accounting principles.
(c) This section shall take effect on and after January 1, 2025.
Sec. 3. K.S.A. 2024 Supp. 9-565 is hereby amended to read as
follows: 9-565. (a) As a part of any original application, any individual in
control of a licensee, any applicant in control of a licensee and each key
individual shall provide the commissioner with the following items
through the nationwide multistate licensing system and registry:
(1) (A) The office of the state bank commissioner may require an
individual an applicant in control of a licensee, licensee or a key
individual to be fingerprinted and submit to a state and national criminal
history record check in accordance with K.S.A. 2024 Supp. 22-4714, and
amendments thereto . The fingerprints shall be used to identify the
individual and to determine whether such individual has a record of
criminal history in this state or other jurisdictions. The office of the state
bank commissioner is authorized to submit the fingerprints to the Kansas
bureau of investigation and the federal bureau of investigation for a state
and national criminal history record check. The office of the state bank
commissioner may use the information obtained from fingerprinting and
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the criminal history for purposes of verifying the identification of the
individual and in the official determination of the qualifications and fitness
of the individual to be issued or to maintain a license;
(B) Local and state law enforcement officers and agencies shall assist
the office of the state bank commissioner in taking and processing of
fingerprints of applicants for and holders of any license, registration,
permit or certificate;
(C) The Kansas bureau of investigation shall release all records of
adult convictions and nonconvictions in Kansas and adult convictions,
adjudications and nonconvictions of another state or country to the office
of the state bank commissioner. Disclosure or use of any information
received for any purpose other than provided in this section shall be a class
A misdemeanor and shall constitute grounds for removal from office or
termination of employment; and
(D)(B) Any individual that currently resides and has continuously
resided outside of the United States for the past 10 years shall not be
required to comply with this subsection; and
(2) a description of the individual's personal history and experience
provided in a form and manner prescribed by the commissioner to obtain
the following:
(A) An independent credit report from a consumer reporting agency.
This requirement shall be waived if the individual does not have a social
security number;
(B) information related to any criminal convictions or pending
charges; and
(C) information related to any regulatory or administrative action and
any civil litigation involving claims of fraud, misrepresentation,
conversion, mismanagement of funds, breach of fiduciary duty or breach
of contract.
(b) (1) If the individual has resided outside of the United States at any
time during the 10-year period immediately preceding the individual's
application, the individual shall also provide an investigative background
report prepared by an independent search firm.
(2) At a minimum, the search firm shall:
(A) Demonstrate that it has sufficient knowledge and resources and
that such firm employs accepted and reasonable methodologies to conduct
the research of the background report; and
(B) not be affiliated with or have an interest with the individual it is
researching.
(3) The investigative background report shall be provided in English
and, at a minimum, shall contain the following:
(A) A comprehensive credit report or any equivalent information
obtained or generated by the independent search firm to accomplish such
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report, including a search of the court data in the countries, provinces,
states, cities, towns and contiguous areas where the individual resided and
worked if such report is available in the individual's current jurisdiction of
residency;
(B) criminal records information for the 10-year period immediately
preceding the individual's application, including, but not limited to,
felonies, misdemeanors or similar convictions for violations of law in the
countries, provinces, states, cities, towns and contiguous areas where the
individual resided and worked;
(C) employment history;
(D) media history including an electronic search of national and local
publications, wire services and business applications; and
(E) financial services-related regulatory history, including, but not
limited to, money transmission, securities, banking, insurance and
mortgage-related industries.
(c) Any information required by this section may be used by the
commissioner in making an official determination of the qualifications and
fitness of the person in control or who seeks to gain control of the licensee.
(d) This section shall take effect on and after January 1, 2025.
Sec. 4. K.S.A. 2024 Supp. 9-2411 is hereby amended to read as
follows: 9-2411. (a) The commissioner shall administer the provisions of
this act. In addition to other powers granted by this act, the commissioner,
within the limitations provided by law, may exercise the following powers:
(1) Adopt, amend and revoke rules and regulations as necessary to
carry out the intent and purpose of this act;
(2) make any investigation and examination of the operations, books
and records of an earned wage access services provider as the
commissioner deems necessary to aid in the enforcement of this act;
(3) have free and reasonable access to the offices, places of business
and all records of the registrant that will enable the commissioner to
determine whether the registrant is complying with the provisions of this
act. The commissioner may designate persons, including comparable
officials of the state in which the records are located, to inspect the records
on the commissioner's behalf;
(4) establish, charge and collect fees from applicants or registrants for
reasonable costs of investigation, examination and administration of this
act, in such amounts as the commissioner may determine to be sufficient to
meet the budget requirements of the commissioner for each fiscal year.
The commissioner may maintain an action in any court to recover such
costs;
(5) order any registrant or person to cease any activity or practice that
the commissioner deems to be deceptive, dishonest, a violation of this act,
or of any other state or federal law, or unduly harmful to the interests of
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the public;
(6) exchange any information regarding the administration of this act
with any agency of the United States or any state that regulates the
applicant or registrant or administers statutes, rules and regulations or
programs related to earned wage access services laws with any attorney
general or district attorney with jurisdiction to enforce criminal violations
of this act;
(7) disclose to any person or entity that an applicant's or registrant's
application or registration has been denied, suspended, revoked or refused
renewal;
(8) require or permit any person to file a written statement, under oath
or otherwise as the commissioner may direct, setting forth all the facts and
circumstances concerning any apparent violation of this act, any rule and
regulation adopted thereunder or any order issued pursuant to this act;
(9) receive, as a condition in settlement of any investigation or
examination, a payment designated for consumer education to be
expended for such purpose as directed by the commissioner;
(10) delegate the authority to sign any orders, official documents or
papers issued under or related to this act to the deputy of consumer and
mortgage lending division of the office of the state bank commissioner;
(11) (A) require fingerprinting of any officer, partner, member, owner,
principal or director of an applicant or registrant . Such fingerprints may be
submitted to the Kansas bureau of investigation and the federal bureau of
investigation for a state and national criminal history record check to be
submitted to the office of the state bank commissioner. The fingerprints
shall be used to identify the person and to determine whether the person
has a record of arrests and convictions in this state or other jurisdictions.
The office of the state bank commissioner may use information obtained
from fingerprinting and the criminal history for purposes of verifying the
identification of the person and in the official determination of the
qualifications and fitness of the persons associated with the applicant.
Whenever the office of the state bank commissioner requires
fingerprinting, any associated costs shall be paid by the applicant or the
parties to the application.
(B) The Kansas bureau of investigation shall release all records of
adult convictions, adjudications, and juvenile adjudications in Kansas and
of another state or country to the office of the state bank commissioner.
The office of the state bank commissioner shall not disclose or use a state
and national criminal history record check for any purpose except as
provided for in this section. Unauthorized use of a state or national
criminal history record check shall constitute a class A nonperson
misdemeanor.
(C) Each state and national criminal history record check shall be
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confidential, not subject to the open records act, K.S.A. 45-215 et seq., and
amendments thereto, and not be disclosed to any applicant or registrant.
The provisions of this subparagraph shall expire on July 1, 2029, unless
the legislature reviews and acts to continue such provisions pursuant to
K.S.A. 45-229, and amendments thereto, prior to July 1, 2029 to submit to
a state and national criminal history record check in accordance with
K.S.A. 2024 Supp. 22-4714, and amendments thereto;
(12) issue, amend and revoke written administrative guidance
documents in accordance with the applicable provisions of the Kansas
rules and regulations filing act;
(13) enter into any informal agreement with any person for a plan of
action to address violations of this act; and
(14) require use of a nationwide multi-state licensing system and
registry for processing applications, renewals, amendments, surrenders and
any other activity that the commissioner deems appropriate. The
commissioner may establish relationships or contracts with the nationwide
multi-state licensing system and registry or other entities to collect and
maintain records and process transaction fees or other fees related to
applicants and licensees, as may be reasonably necessary to participate in
the nationwide multi-state licensing system and registry. The
commissioner may report violations of the law, as well as enforcement
actions and other relevant information to the nationwide multi-state
licensing system and registry. The commissioner may require any
applicant or licensee to file reports with the nationwide multi-state
licensing system and registry in the form prescribed by the commissioner.
(b) Examination reports and correspondence regarding such reports
made by the commissioner or the commissioner's designees shall be
confidential and shall not be subject to the provisions of the open records
act, K.S.A. 45-215 et seq., and amendments thereto. The commissioner
may release examination reports and correspondence regarding the reports
in connection with a disciplinary proceeding conducted by the
commissioner, a liquidation proceeding or a criminal investigation or
proceeding. Additionally, the commissioner may furnish to federal or other
state regulatory agencies or any officer or examiner thereof, a copy of any
or all examination reports and correspondence regarding the reports made
by the commissioner or the commissioner's designees. The provisions of
this subsection shall expire on July 1, 2029, unless the legislature reviews
and acts to continue such provisions pursuant to K.S.A. 45-229, and
amendments thereto, prior to July 1, 2029.
(c) For the purpose of any examination, investigation or proceeding
under this act, the commissioner or the commissioner's designee may
administer oaths and affirmations, subpoena witnesses, compel such
witnesses' attendance, introduce evidence and require the production of
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any matter that is relevant to the examination or investigation, including
the existence, description, nature, custody, condition and location of any
books, documents or other tangible things and the identity and location of
persons having knowledge of relevant facts or any other matter reasonably
calculated to lead to the discovery of relevant information or items.
(d) The adoption of an informal agreement authorized by this section
shall not be subject to the provisions of the Kansas administrative
procedure act or the Kansas judicial review act. Any informal agreement
authorized by this subsection shall not be considered an order or other
agency action and shall be considered confidential examination material.
All such examination material shall be confidential by law and privileged,
shall not be subject to the provisions of the open records act, K.S.A. 45-
215 et seq., and amendments thereto, shall not be subject to subpoena and
shall not be subject to discovery or admissible in evidence in any private
civil action. The provisions of this subsection shall expire on July 1, 2029,
unless the legislature reviews and acts to continue such provisions
pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.
Sec. 5. K.S.A. 2024 Supp. 22-4714 is hereby amended to read as
follows: 22-4714. (a) A governmental agency other than a criminal justice
agency as defined in K.S.A. 22-4701, and amendments thereto, identified
in subsection (b) may require a person to be fingerprinted and shall submit
such fingerprints to the Kansas bureau of investigation and the federal
bureau of investigation for a search of the state and federal database.
Fingerprints provided pursuant to this section may be used to identify a
person and to determine whether such person has a record of criminal
history in this state or in another jurisdiction. An agency identified in
subsection (b) may use the information obtained from the criminal history
record check for the purposes of verifying the identification of a person
and in the official determination of the qualifications and fitness of such
person to be issued or maintain employment, licensure, registration,
certification or a permit, act as an agent of a licensee, hold ownership of a
licensee or serve as a director or officer of a licensee.
(b) (1) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions, adult non-
convictions, adult diversions, adult expunged records, juvenile
adjudications, juvenile non-adjudications, juvenile diversions and juvenile
expunged records to:
(A) The Kansas department for children and families or the Kansas
department for aging and disability services for initial or continuing
employment or participation in any program administered for the
placement, safety, protection or treatment of vulnerable children or adults
as described in K.S.A. 75-53,105, and amendments thereto;
(B) the attorney general for applicants as defined in K.S.A. 75-7b01,
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and amendments thereto, in connection with such application as described
in K.S.A. 75-7b04 and 75-7b17, and amendments thereto;
(C) the attorney general for applicants as defined in K.S.A. 75-7c02,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7c05, and amendments thereto;
(D) the attorney general for applicants as defined in K.S.A. 75-7b01,
and amendments thereto, in connection with such application for
certification as described in K.S.A. 75-7b21, and amendments thereto; and
(E) the attorney general for applicants as defined in K.S.A. 75-7e01,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7e03, and amendments thereto.
(2) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
adult diversions, adult expunged records and juvenile expunged records to:
(A) The state lottery for candidates for employees as defined in
K.S.A. 74-8702, and amendments thereto, in connection with such
employment as described in K.S.A. 74-8704, and amendments thereto; and
(B) the Kansas racing and gaming commission for candidates for
employees or licensees as defined in K.S.A. 74-8802, and amendments
thereto, in connection with such employment or license as described in
K.S.A. 74-8804, and amendments thereto, including an applicant for a
simulcasting license.
(3) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
adult diversions, adult expunged records, juvenile adjudications, juvenile
non-adjudications and juvenile diversions to:
(A) The emergency medical services board for applicants as defined
in K.S.A. 65-6129, and amendments thereto, in connection with such
application as described in K.S.A. 65-6129, and amendments thereto;
(B) the attorney general for applicants as defined in K.S.A 75-7c01,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7c05, and amendments thereto; and
(C) the department of administration for candidates for sensitive
employees as defined in K.S.A. 75-3707e, and amendments thereto, in
connection with such employment as described in K.S.A. 75-3707e, and
amendments thereto; and
(C) the state gaming agency for candidates for employees and
licensees as defined in K.S.A. 74-9802, and amendments thereto, in
connection with such employment or license as described in K.S.A. 74-
9805, and amendments thereto.
(4) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
adult diversions and adult expunged records to:
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(A) The supreme court and state board of law examiners for
applicants as defined in K.S.A. 7-127, and amendments thereto, in
connection with such application as described in K.S.A. 7-127, and
amendments thereto;
(B) the state gaming agency for candidates for employees and
licensees as defined in K.S.A. 74-9802, and amendments thereto, in
connection with such employment or license as described in K.S.A. 74-
9805, and amendments thereto;
(C) the attorney general for applicants as defined in K.S.A. 75-7b01,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7b04, and amendments thereto;
(D) the attorney general for applicants as defined in K.S.A. 75-7b01,
and amendments thereto, in connection with such application for
certification as described in K.S.A. 75-7b21, and amendments thereto; and
(E)(B) the commission on peace officers' standards and training for
applicants for certification under the Kansas law enforcement training act
as described in K.S.A. 74-5607, and amendments thereto.
(5) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
adult diversions and juvenile adjudications to:
(A) The athletic commission within the Kansas department of
commerce for a candidate for boxing commission as defined in K.S.A. 74-
50,182, and amendments thereto, in connection with such appointment as
described in K.S.A. 74-50,184, and amendments thereto; and
(B) the secretary of health and environment for employees at a child
care facility as defined in K.S.A. 65-503, and amendments thereto, in
connection with such employment as described in K.S.A. 65-516, and
amendments thereto; and
(C) the state bank commissioner for any officer partner, member,
owner, principal or director of an applicant or registrant in connection
with such application or registration as described in K.S.A. 2024 Supp. 9-
2411, and amendments thereto.
(6) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions and juvenile adjudications
to:
(A) The secretary for aging and disability services for applicants as
defined in K.S.A. 39-970, and amendments thereto, in connection with
such application as described in K.S.A. 39-970, and amendments thereto;
(B) the Kansas department for aging and disability services for
applicants as defined in K.S.A. 39-2009, and amendments thereto, in
connection with such application as described in K.S.A. 39-2009, and
amendments thereto; and
(C) the secretary for aging and disability services for applicants as
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defined in K.S.A. 65-5117, and amendments thereto, in connection with
such application as described in K.S.A. 65-5117, and amendments thereto.
(7) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions and adult non-convictions
to:
(A) The division of motor vehicles within the department of revenue
for applicants for reinstatement of a license to drive a commercial motor
vehicle as described in K.S.A. 8-2,142, and amendments thereto;
(B) the board of examiners in optometry for applicants or licensees as
defined in K.S.A. 65-1501, and amendments thereto, in connection with
such application or an investigation as described in K.S.A. 65-1505, and
amendments thereto;
(C) the board of pharmacy for fingerprint candidates as defined in
K.S.A. 65-1626, and amendments thereto, in connection with such
application or license as described in K.S.A. 65-1696, and amendments
thereto;
(D) the state board of healing arts for applicants or licensees as
defined in K.S.A. 65-2802, and amendments thereto, in connection with
such application or an investigation as described in K.S.A. 65-28,129, and
amendments thereto;
(E) the state board of healing arts for applicants or licensees as
defined in K.S.A. 65-2901, and amendments thereto, in connection with
such application or an investigation as described in K.S.A. 65-2924, and
amendments thereto;
(F) the board of nursing for applicants as defined in K.S.A. 74-1112,
and amendments thereto, in connection with such application as described
in K.S.A. 74-1112, and amendments thereto;
(G) the behavioral sciences regulatory board for licensees as defined
in K.S.A. 74-7511, and amendments thereto, in connection with such
application or license as described in K.S.A. 74-7511, and amendments
thereto;
(H) the state lottery for a vendor to whom a major procurement
contract is to be awarded in connection with an investigation as described
in K.S.A. 74-8705, and amendments thereto;
(I) the attorney general for appointees of the governor to positions
subject to confirmation by the senate and judicial appointees as described
in K.S.A. 75-712, and amendments thereto;
(J) appointing authorities as defined in K.S.A. 75-4315d, and
amendments thereto, for nongubernatorial appointees as described in
K.S.A. 75-4315d, and amendments thereto;
(K) the Kansas real estate commission for applicants as defined in
K.S.A. 58-3035, and amendments thereto, or for licensees as defined in
K.S.A. 58-3035, and amendments thereto, in connection with an
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investigation as described in K.S.A. 58-3039, and amendments thereto;
(L) the insurance commissioner for applicants for licensure as an
insurance agent as defined in K.S.A. 40-4902, and amendments thereto, in
connection with such application as described in K.S.A. 40-4905, and
amendments thereto; and
(M) the insurance commissioner for applicants as defined in K.S.A.
40-5501, and amendments thereto, in connection with such application as
described in K.S.A. 40-5505, and amendments thereto; and
(N) the state bank commissioner for applicants in control of a
licensee, licensees or key individuals as defined in K.S.A. 2024 Supp. 9-
555, and amendments thereto, in connection with such application as
described in K.S.A. 2024 Supp. 9-565, and amendments thereto.
(8) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions to:
(A) The department of agriculture for hemp employees as defined in
K.S.A. 2-3901, and amendments thereto, in connection with such
employment as described in K.S.A. 2-3902, and amendments thereto;
(B) the department of agriculture state fire marshal for applicants for
licensure as a hemp producer as defined in K.S.A. 2-3901, and
amendments thereto, in connection with such application as described in
K.S.A. 2-3906, and amendments thereto;
(C) the office of state fire marshal for applicants for registration as a
hemp processor as defined in K.S.A. 2-3901, and amendments thereto, in
connection with such application as described in K.S.A. 2-3907, and
amendments thereto;
(D) the department of agriculture for hemp destruction employees as
defined in K.S.A. 2-3901, and amendments thereto, in connection with
such employment as described in K.S.A. 2-3911, and amendments thereto;
(E) the bank commissioner for any applicant as defined in K.S.A. 9-
508, and amendments thereto, in connection with such application as
described in K.S.A. 9-509, and amendments thereto;
(F) the bank commissioner for an applicant for employment as a new
executive officer or director with a money transmitter company as
described in K.S.A. 9-513e, and amendments thereto;
(G) the bank commissioner for any applicant as defined in K.S.A. 9-
1719, and amendments thereto, in connection with such application as
described in K.S.A. 9-1722, and amendments thereto;
(H) the bank commissioner for an applicant, registrant or licensee as
defined in K.S.A. 9-2201, and amendments thereto, in connection with
such application, registration or license as described in K.S.A. 9-2209, and
amendments thereto;
(I) the state banking board for any officer, director or organizer of a
proposed fiduciary financial institution as defined in K.S.A. 9-2301, and
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amendments thereto, in connection with such role as described in K.S.A.
9-2302, and amendments thereto;
(J) municipalities for applicants for merchant or security police as
described in K.S.A. 12-1679, and amendments thereto;
(K) the bank commissioner for applicants as defined in K.S.A. 16a-6-
104, and amendments thereto, in connection with such application as
described in K.S.A. 16a-6-104, and amendments thereto;
(L) the state department of credit unions for every candidate as
defined in K.S.A. 17-2234, and amendments thereto, in connection with
such employment as described in K.S.A. 17-2234, and amendments
thereto;
(M) the division of alcoholic beverage control within the department
of revenue for applicants as defined in K.S.A. 41-102, and amendments
thereto, in connection with such application as described in K.S.A. 41-
311b, and amendments thereto;
(N) the division of post audit for employees as defined in K.S.A. 46-
1103, and amendments thereto, in connection with such employment as
described in K.S.A. 46-1103, and amendments thereto;
(O) the bank commissioner for licensees as defined in K.S.A. 50-
1126, and amendments thereto, in connection with such license as
described in K.S.A. 50-1128, and amendments thereto;
(P) the real estate appraisal board for licensees as defined in K.S.A.
58-4102, and amendments thereto, in connection with an application or
investigation as described in K.S.A. 58-4127, and amendments thereto;
(Q) the real estate appraisal board for applicants as defined in K.S.A.
58-4703, and amendments thereto, in connection with such application as
described in K.S.A. 58-4709, and amendments thereto;
(R) the department of health and environment for an employee as
defined in K.S.A. 65-2401, and amendments thereto, in connection with
such employment as described in K.S.A. 65-2402, and amendments
thereto;
(S) the Kansas commission on veterans affairs office of veterans
services for candidates as defined in K.S.A. 73-1210a, and amendments
thereto, in connection with an application as described in K.S.A. 73-1210a,
and amendments thereto;
(T) a senate standing committee for a member named, appointed or
elected to the public employee retirement systems board of trustee
membership as described in K.S.A. 74-4905, and amendments thereto;
(U) the attorney general for applicants as defined in K.S.A. 75-7e01,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7e03, and amendments thereto;
(V) the department of revenue for employees as defined in K.S.A. 75-
5133c, and amendments thereto, in connection with such employment as
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described in K.S.A. 75-5133c, and amendments thereto;
(W)(V) the divison division of motor vehicles within the department
of revenue for employees as defined in K.S.A. 75-5156, and amendments
thereto, in connection with such employment as described in K.S.A. 75-
5156, and amendments thereto;
(X)(W) the Kansas commission for the deaf and hard of hearing for
applicants as defined in K.S.A. 75-5397f, and amendments thereto, in
connection with such application as described in K.S.A. 75-5393a, and
amendments thereto;
(Y)(X) the Kansas commission for the deaf and hard of hearing for
employees as defined in K.S.A. 75-5397f, and amendments thereto, in
connection with such employment as described in K.S.A. 75-5393c, and
amendments thereto;
(Z)(Y) the department of health and environment for employees as
defined in K.S.A. 75-5609a, and amendments thereto, in connection with
such employment as described in K.S.A. 75-5609a, and amendments
thereto; and
(AA)(Z) an executive branch agency head for employees as defined
in K.S.A. 75-7241, and amendments thereto, in connection with such
employment as described in K.S.A. 75-7241, and amendments thereto.
(c) State and local law enforcement agencies shall assist with taking
fingerprints of individuals as authorized by this section.
(d) Any board, commission, committee or other public body shall
recess into a closed executive session pursuant to K.S.A. 75-4319, and
amendments thereto, to receive and discuss criminal history record
information obtained pursuant to this section.
(e) The Kansas bureau of investigation may charge a reasonable fee
for conducting a criminal history record check.
(f) (1) Fingerprints and criminal history record information received
pursuant to this section shall be confidential and shall not be subject to the
provisions of the Kansas open records act, K.S.A. 45-215 et seq., and
amendments thereto. The provisions of this paragraph shall expire on July
1, 2029, unless the legislature reviews and reenacts this provision pursuant
to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.
(2) Disclosure or use of any information received pursuant to this
section for any purpose other than the purpose described in this section
shall be a class A nonperson misdemeanor and shall constitute grounds for
removal from office.
Sec. 6. K.S.A. 2024 Supp. 75-7b01 is hereby amended to read as
follows: 75-7b01. As used in this act:
(a) "Applicant" means a person who has submitted an application for
licensure as a private detective or private detective agency pursuant to this
act, a person who has submitted an application for a firearm permit
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pursuant to this act or a person who has submitted an application to
become certified to train private detectives in the handling of firearms and
the lawful use of force.
(b) "Detective business" means the furnishing of, making of or
agreeing to make any investigation for the purpose of obtaining
information with reference to:
(1) Crime or wrongs done or threatened against the United States or
any state or territory of the United States, or any political subdivision
thereof when furnished or made by persons other than law enforcement
officers;
(2) the identity, habits, conduct, business, occupation, honesty,
integrity, credibility, knowledge, trustworthiness, efficiency, loyalty,
activity, movement, whereabouts, affiliations, associations, transactions,
acts, reputation or character of any person;
(3) the location, disposition or recovery of lost or stolen property;
(4) the cause or responsibility for fires, libels, losses, frauds,
accidents or damage or injury to persons or to property; or
(5) securing evidence to be used before any court, board, officer or
investigating committee.
(c) "Private detective" means any person who, for any consideration
whatsoever, engages in detective business.
(d) "Private detective agency" means a person who regularly employs
any other person, other than an organization, to engage in detective
business.
(e) "Private patrol operator" means a person who, for any
consideration whatsoever, agrees to furnish or furnishes a watchman,
guard, patrolman or other person to protect persons or property or to
prevent the theft, unlawful taking, loss, embezzlement, misappropriation
or concealment of any goods, wares, merchandise, money, bonds, stocks,
notes, documents, papers or property of any kind, or performs the service
of such watchman, guard, patrolman or other person for any such
purposes.
(f) "Law enforcement officer" means a law enforcement officer as
defined in K.S.A. 21-5111, and amendments thereto.
(g) "Organization" means a corporation, trust, estate, partnership,
cooperative or association.
(h) "Person" means an individual or organization.
(i) "Firearm permit" means a permit for the limited authority to carry
a firearm concealed on or about the person by one licensed as a private
detective.
(j) "Firearm" means:
(1) A pistol or revolver which is designed to be fired by the use of a
single hand and which is designed to fire or capable of firing fixed
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cartridge ammunition; or
(2) any other weapon which will or is designed to expel a projectile
by the action of an explosive and which is designed to be fired by the use
of a single hand.
(k) "Client" means any person who engages the services of a private
detective.
(l) "Dishonesty or fraud" means, in addition to other acts not
specifically enumerated herein:
(1) Knowingly making a false statement relating to evidence or
information obtained in the course of employment, or knowingly
publishing a slander or a libel in the course of business;
(2) using illegal means in the collection or attempted collection of a
debt or obligation;
(3) manufacturing or producing any false evidence; and
(4) acceptance of employment adverse to a client or former client
relating to a matter with respect to which the licensee has obtained
confidential information by reason of or in the course of the licensee's
employment by such client or former client.
Sec. 7. K.S.A. 2024 Supp. 2-3906, 9-555, 9-565, 9-2411, 22-4714
and 75-7b01 are hereby repealed.
Sec. 8. This act shall take effect and be in force from and after its
publication in the statute book.
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