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Session of 2026
SENATE BILL No. 530
By Committee on Federal and State Affairs
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AN ACT concerning criminal history record information; clarifying
definitions of individuals who are subject to a state and national
criminal history record check and which agency receives the results of
such record check; authorizing the department for aging and disability
services to conduct criminal history record checks on certain
individuals; amending K.S.A. 40-4902, 58-4102 and 75-7b17 and
K.S.A. 2025 Supp. 9-1719, 12-1679, 17-2234, 22-4714, 65-2802, 65-
28,129, 74-50,182, 74-5602, 74-9802 and 75-53,105 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The secretary for aging and disability services
may require any applicant or employee whose work involves direct access
to be fingerprinted and submit to a state and national criminal history
record check in accordance with K.S.A. 2025 Supp. 22-4714, and
amendments thereto, and complete a background check of any state or
national registry designated by rules and regulations adopted by the
secretary for aging and disability services. A reasonable fee shall be paid
by the applicant or employee for each criminal history record check and
may be collected the the secretary for aging and disability services before
requesting such criminal history record check.
(b) (1) The secretary for aging and disability services shall
permanently prohibit employment of any applicant or individual in a
position with duties involving direct access if a background check or
criminal history record check conducted pursuant to subsection (a) finds
that the applicant or individual has been convicted of or adjudicated as a
juvenile offender for an offense which, if committed by an adult, would
constitute:
(A) Capital murder as described in K.S.A. 21-3439, prior to its
repeal, or K.S.A. 21-5401, and amendments thereto;
(B) first degree murder as described in K.S.A. 21-3401, prior to its
repeal, or K.S.A. 21-5402, and amendments thereto;
(C) second degree murder as described in K.S.A. 21-3401, prior to its
repeal, or K.S.A. 21-5403(a), and amendments thereto;
(D) voluntary manslaughter as described in K.S.A. 21-3403, prior to
its repeal, or K.S.A. 21-5404, and amendments thereto;
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(E) assisting suicide as described in K.S.A. 21-3406, prior to its
repeal, or K.S.A. 21-5407, and amendments thereto;
(F) mistreatment of a dependent adult or mistreatment of an elder
person as described in K.S.A. 21-3437, prior to its repeal, or K.S.A. 21-
5417, and amendments thereto;
(G) human trafficking or aggravated human trafficking as described
in K.S.A. 21-3446 or 21-3447, prior to their repeal, or K.S.A. 21-5426,
and amendments thereto;
(H) rape as described in K.S.A. 21-3502, prior to its repeal, or K.S.A.
21-5503, and amendments thereto;
(I) indecent liberties with a child or aggravated indecent liberties with
a child as described in K.S.A. 21-3503 or 21-3504, prior to their repeal, or
K.S.A. 21-5506, and amendments thereto;
(J) aggravated criminal sodomy as described in K.S.A. 21-3506, prior
to its repeal, or K.S.A. 21-5504(b), and amendments thereto;
(K) indecent solicitation of a child or aggravated indecent solicitation
of a child as described in K.S.A. 21-3510 or 21-3511, prior to their repeal,
or K.S.A. 21-5508, and amendments thereto;
(L) sexual exploitation of a child as described in K.S.A. 21-3516,
prior to its repeal, or K.S.A. 21-5510, and amendments thereto;
(M) sexual battery or aggravated sexual battery as described in
K.S.A. 21-3517 or 21-3518, prior to their repeal, or K.S.A. 21-5505, and
amendments thereto;
(N) commercial sexual exploitation of a child as described in K.S.A.
21-6422, and amendments thereto; or
(O) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-
5301, 21-5302 or 21-5303, and amendments thereto, of an offense
described in paragraph (1)(A) through (1)(O) or any conviction or
adjudication in another jurisdiction for an offense that is comparable to an
offense described in paragraph (1)(A) through (1)(O).
(2) Unless a waiver is granted by the secretary for aging and
disability services pursuant to paragraph (3), the secretary for aging and
disability services shall prohibit employment of any applicant or individual
in a position with duties involving direct access if a background check or
criminal history record check conducted pursuant to subsection (a) finds
that the applicant or individual has been convicted of or adjudicated as a
juvenile offender for an offense which, if committed by an adult, would
constitute a felony violation of the following and six years or less has
elapsed since the applicant's or individual's completion of the sentence
imposed or discharge from probation, a community correctional services
program, parole, postrelease supervision, conditional release or a
suspended sentence:
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(A) An offense described in article 34, 35 or 36 of chapter 21 of the
Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or 56 of
chapter 21 of the Kansas Statutes Annotated, and amendments thereto, that
is not described in paragraph (1);
(B) theft as described in K.S.A. 21-3701, prior to its repeal, or K.S.A.
21-5801, and amendments thereto;
(C) violation of a protective order as described in K.S.A. 21-3843,
prior to its repeal, or K.S.A. 21-5624, and amendments thereto;
(D) promoting obscenity or promoting obscenity to minors as
described in K.S.A. 21-4301 or 21-4301a, prior to their repeal, or K.S.A.
21-6401, and amendments thereto;
(E) cruelty to animals as described in K.S.A. 21-3727, 21-4310 or 21-
4311, prior to their repeal, or K.S.A. 21-6412, and amendments thereto;
(F) unlawful manufacture of a controlled substance as described in
K.S.A. 21-36a03, prior to its repeal, or K.S.A. 21-5703, and amendments
thereto;
(G) unlawful cultivation or distribution of a controlled substance as
described in K.S.A. 21-36a05, prior to its repeal, or K.S.A. 21-5705, and
amendments;
(H) unlawful manufacture, distribution, cultivation or possession of a
controlled substance using a communication facility as described in K.S.A.
21-36a07, prior to its repeal, or K.S.A. 21-5707, and amendments thereto;
(I) unlawful obtainment or sale of a prescription-only drug as
described in K.S.A. 21-36a08, prior to its repeal, or K.S.A. 21-5708, and
amendments thereto;
(J) unlawful distribution of drug precursors or drug paraphernalia as
described in K.S.A. 21-36a10, prior to its repeal, or K.S.A. 21-5710, and
amendments thereto;
(K) unlawful distribution or possession of a simulated controlled
substance pursuant to K.S.A. 21-36a13, prior to its repeal, or K.S.A. 21-
5713, and amendments thereto;
(L) forgery as described in K.S.A. 21-3710, prior to its repeal, or
K.S.A. 21-5823, and amendments thereto;
(M) criminal use of a financial card as described in K.S.A. 21-3729,
prior to its repeal, or K.S.A. 21-5828, and amendments thereto;
(N) a violation of the Kansas medicaid fraud control act as described
in K.S.A. 21-3844 et seq., prior to its repeal, or K.S.A. 21-5925 et seq.,
and amendments thereto;
(O) making a false claim, statement or representation to the medicaid
program pursuant to K.S.A. 21-3846, prior to its repeal, or K.S.A. 21-
5927, and amendments thereto;
(P) unlawful acts relating to the medicaid program as described in
K.S.A. 21-3847, prior to its repeal, or K.S.A. 21-5928, and amendments
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thereto;
(Q) obstruction of a medicaid fraud investigation as described in
K.S.A. 21-3856, prior to its repeal, or K.S.A. 21-5929, and amendments
thereto;
(R) identity theft or identity fraud as described in K.S.A. 21-4018,
prior to its repeal, or K.S.A. 21-6107, and amendments thereto;
(S) social welfare fraud as described in K.S.A. 39-720, and
amendments thereto; or
(T) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-
5301, 21-5302 or 21-5303, and amendments thereto, of an offense
described in paragraph (2)(A) through (2)(S) or any conviction or
adjudication in another jurisdiction for an offense that is comparable to an
offense described in paragraph (2)(A) through (2)(S).
(3) A person who has been disqualified from employment because of
a conviction or adjudication for an offense described in paragraph (2) may
apply to the secretary for aging and disability services for a waiver of such
disqualification after six years has elapsed since the completion of the
sentence for such conviction or adjudication. The secretary shall adopt
rules and regulations establishing the waiver process and the criteria that is
utilized by the secretary in evaluating whether to grant a waiver request.
(c) As used in this section:
(1) "Applicant" means an individual who:
(A) Applies for a license, certification or registration or employment
with an entity to provide services administered by the secretary for aging
and disability services in connection with the disability or behavioral
health services program, operation of the institutions, the health
occupations and credentialing program, the criminal history record check
program, the psychiatric residential treatment facilities program and the
aged and senior programs transferred to the department for aging and
disability services pursuant to K.S.A. 39-1903, 39-1904, 39-1908, 39-1909
and 75-5908, and amendments thereto;
(B) applies for a license, certification or registration or employment
with any entity to provide services administered by the secretary for aging
and disability services in connection with licensure as a speech-language
pathologist or audiologist pursuant to K.S.A. 65-6503, and amendments
thereto, or a certified community behavioral health clinic or peer support
specialist pursuant to K.S.A. 39-2019 or 75-5964, and amendments
thereto; or
(C) applies for employment with the department for aging and
disability services or a state institution in connection with the services or
programs described in paragraphs (1)(A) or (1)(B);
(2) "employee" means an individual whose work involves direct
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access and:
(A) Works or volunteers at a state institution, for an employment
agency or as an independant contractor performing services on behalf of
the secretary for aging and disability services;
(B) works or volunteers at an entity that is licensed, certified or
registered by the secretary for aging and disability services; or
(C) requires a security clearance as deemed by the secretary for aging
and disability services;
(3) "completion of sentence" means the last day of the entire term of
incarceration imposed by a sentence, including any term that is deferred,
suspended or subject to parole, probation, postrelease supervision,
diversion or assignment to a community correctional services program;
(4) "direct access" means work that involves:
(A) Actual or reasonable expectation of periodic or frequent
interaction with a patient or participant whose services fall under the
jurisdiction of the secretary for aging and disability services;
(B) access to the property, personally identifiable information,
protected health information or financial information of patients or
participants under the jurisdiction of the secretary for aging and disability
services; or
(C) access to data systems that may contain such information;
(5) "employment agency" means an organization or entity that has a
contractual relationship with the secretary for aging and disability services,
a state institution or an entity that is licensed, certified or registered by the
secretary for aging and disability services to provide staff whose duties
will involve direct access; and
(6) "independent contractor" means an organization, entity, agency or
individual that provides contracted workers or services to the secretary for
aging and disability services, a state institution or an entity licensed,
certified or registered by the secretary for aging and disability services to
provide staff whose duties will involve direct access.
Sec. 2. K.S.A. 2025 Supp. 9-1719 is hereby amended to read as
follows: 9-1719. As used in K.S.A. 9-1719 to 9-1722, inclusive, and
amendments thereto:
(a) "Applicant" means a person who has submitted a change of
control application pursuant to K.S.A. 9-1721, and amendments thereto.
(b) (1) "Control" means the power to:
(1)(A) V ote 25% or more of any class of voting shares;
(2)(B) direct, in any manner, the election of a majority of the
directors; or
(3)(C) direct or exercise a controlling influence over the management
or policies.
(2) A person shall be deemed to be directing or exercising a
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controlling influence over the management or policies pursuant to
paragraph (1)(C) if the person is:
(A) An executive officer as defined in K.S.A. 9-701, and amendments
thereto, or a member of the board of directors of a bank or trust company
and directly or indirectly owns or has the power to vote more than 10% of
any class of voting securities of the bank or trust company; or
(B) not an executive officer as defined in K.S.A. 9-701, and
amendments thereto, or a member of the board of directors of a bank or
trust company and directly or indirectly owns or has the power to vote
more than 10% of any class of voting securities of the bank or trust
company and no other person owns or has the power to vote a greater
percentage of that class of voting securities.
(c) "Person" means an individual or a corporation, limited liability
company, partnership, trust, association, joint venture, pool, syndicate, sole
proprietorship, unincorporated organization or any other form of entity not
specifically listed in this subsection that is authorized to engage in
business under the laws of the state of its formation.
Sec. 3. K.S.A. 2025 Supp. 12-1679 is hereby amended to read as
follows: 12-1679. (a) As used in this act: (1) "Municipality" shall mean
means any incorporated city or county of this state;
(2) "Merchants or security policeman" or "merchants or security
police force or agency" shall mean means any person engaged for hire in
the business of guarding, watching, patrolling or otherwise attempting to
provide security for the real or personal property of another person; and
(3) "Person" shall mean means any individual, partnership,
association, firm, or corporation or other business entity.
(b) Every municipality which that requires a license pursuant to this
act shall acquire or collect the fingerprints of any person who applies for a
merchants or security policeman's license from such municipality in
accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(c) No municipality shall license, permit or otherwise authorize or
allow any person to do business within such municipality as a merchants
or security policeman or as a merchants or security police force or agency,
unless every motor vehicle, as defined by K.S.A. 8-1437, and amendments
thereto, which that is used in any way by such person while doing business
as a merchants or security policeman or police force or agency is properly
registered.
Sec. 4. K.S.A. 2025 Supp. 17-2234 is hereby amended to read as
follows: 17-2234. (a) (1) There is hereby established the state department
of credit unions, which shall be under the administrative supervision of the
administrator as directed by law. The administrator may appoint or employ
an attorney to assist the department in its functions under this act, and in
accordance with the civil service law, such special assistants, deputies or
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examiners, and other employees, as may be necessary for the purpose of
administering and enforcing the provisions of this act.
(2) The administrator is hereby authorized to appoint financial
examiners and other staff who shall be in the unclassified service under the
Kansas civil service act. The administrator's salary schedule for
unclassified positions shall be reported to the credit union council
annually.
(b) Nothing in subsection (a) shall affect the classified status of any
person employed with the department of credit unions on the day
immediately preceding the effective day of this act.
(c) Each employee candidate for employment shall submit to a state
and national criminal background check prior to being employed in such
position in accordance with K.S.A. 2025 Supp. 22-4714, and amendments
thereto.
(d) As used in this section, "candidate" means a person who has
applied for a position with or is currently employed by the state
department of credit unions as a deputy or an examiner.
Sec. 5. K.S.A. 2025 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. 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 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:
(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
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amendments thereto; and
(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;
(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;
(C) the secretary of commerce for final applicants for a sensitive
position or employees in a sensitive position as defined in K.S.A. 2025
Supp. 74-5005a, and amendments thereto, in connection with such
employment as described in K.S.A. 2025 Supp. 74-5005a, and
amendments thereto;
(D) the secretary of labor for employees as defined in K.S.A. 75-
5702, and amendments thereto, in connection with such employment as
described in K.S.A. 75-5702, and amendments thereto; and
(E) 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. 2025 Supp. 9-2411,
and amendments thereto; and
(F) the secretary for aging and disability services for employees and
applicants as defined in section 1, and amendments thereto, in connection
with such employment or application as described in section 1, 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
defined in K.S.A. 65-5117, and amendments thereto, in connection with
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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 or
employees as defined in K.S.A. 65-2802, and amendments thereto, in
connection with such application or employment or an investigation as
described in K.S.A. 65-2802 or 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)(F) 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)(G) 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)(H) 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)(I) 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)(J) 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
investigation as described in K.S.A. 58-3039, and amendments thereto;
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(L)(K) 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;
(M)(L) the insurance commissioner for applicants as defined in
K.S.A. 40-5501 40-5502 , and amendments thereto, in connection with
such application as described in K.S.A. 40-5505, and amendments thereto;
and
(N)(M) the state bank commissioner for applicants in control of a
licensee, licensees or key individuals as defined in K.S.A. 2025 Supp. 9-
555, and amendments thereto, in connection with such application as
described in K.S.A. 2025 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 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 real estate appraisal board for a controlling person as
defined in K.S.A. 58-4703, and amendments thereto, in connection with an
application and designation as described in K.S.A. 58-4710, and
amendments thereto;
(S) 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)(T) the Kansas 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)(U) 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)(V) the department of revenue for employees as defined in K.S.A.
75-5133c, and amendments thereto, in connection with such employment
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as described in K.S.A. 75-5133c, and amendments thereto;
(V)(W) the 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;
(W)(X) 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;
(X)(Y) 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;
(Y)(Z) 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
(Z)(AA) 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. State and local
law enforcement agencies may charge a fee as reimbursement for expenses
incurred in taking and processing fingerprints under 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. 40-4902 is hereby amended to read as follows: 40-
4902. As used in this act:
(a) "Approved subject" or "approved course" means any educational
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presentation involving insurance fundamentals, insurance law, insurance
policies and coverage, insurance needs, insurance risk management,
insurance agency management or other areas, which is offered in a class,
seminar, computer based training, interactive internet training or other
similar form of instruction, and that has been approved by the
commissioner under this act as expanding skills and knowledge obtained
prior to initial licensure under this act or developing new and relevant
skills and knowledge in preparation for such licensure.
(b) "Biennial due date" means the last day of the birth month of any
licensed insurance agent who is required to complete C.E.C.'s and report
the completion of such C.E.C.'s to the commissioner pursuant to this act,
except that such due date shall not be earlier than two years from the date
of the insurance agent's initial licensure under this act. The biennial due
date for a registered business entity shall be the last day of the month of
the date of initial licensure under this act.
(c) "Biennium" means the period starting with the insurance agent's
biennial due date in 2001 and each two-year period thereafter for any
insurance agent who was born in an odd-numbered year. For any insurance
agent who was born in an even-numbered year, the term shall mean the
period starting with the insurance agent's biennial due date in 2002 and
each two-year period thereafter. The biennium for a registered business
entity shall be the two-year period following such business entity's initial
licensure or renewal of such license.
(d) "Broker" means any individual who acts or aids in any manner in
negotiating contracts of insurance, or in placing risks or in soliciting or
effecting contracts of insurance as an agent for an insured other than such
individual and not as an agent of an insurance company or any other type
of insurance carrier. The term "broker" does not include: A person working
as an officer for an insurance carrier, or in a clerical, administrative or
service capacity for an insurance carrier, licensed agent or broker, provided
that such person does not solicit contracts of insurance, or an attorney-at-
law in the performance of such attorney's duties, an insured who places or
negotiates the placement of such insured's own insurance, or any employee
of an insured engaged in placing or negotiating for placement of insurance
for such employee's employer.
(e) "Business entity" means any corporation, association, partnership,
limited liability company, limited liability partnership or other legal entity.
(f) "C.E.C." means continuing education credit containing at least 50
minutes of instruction in each clock hour. The term C.E.C. also includes
any value, expressed in a whole number of units, assigned by the
commissioner to an approved subject.
(g) "Commissioner" means the commissioner of insurance as defined
in K.S.A. 40-102, and amendments thereto. The term "commissioner" also
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includes any authorized representative or designee of the commissioner
who is employed by the department.
(h) "Department" means the insurance department established by
K.S.A. 40-102, and amendments thereto.
(i) "Home state" means the District of Columbia and any state or
territory of the United States in which an insurance agent maintains such
agent's principal place of residence or principal place of business and is
licensed to act as an insurance agent.
(j) "Inactive agent" means any licensed agent who presents evidence
satisfactory to the commissioner that demonstrates that such agent will not
do any act toward transacting the business of insurance for not more than
four years from the date such evidence is received by the commissioner.
(k) "Insurance agent" and "agent" means mean any person required to
be licensed under the provisions of chapter 40 of the Kansas Statutes
Annotated, and amendments thereto, to sell, solicit or negotiate insurance.
For the purposes of the uniform agents licensing act, whenever the terms
"agent" or "broker" appear appears in chapter 40 of the Kansas Statutes
Annotated, and amendments thereto, each term means insurance agent
unless the context requires otherwise. "Insurance agent" also includes the
terms "insurance producer" or "producer."
(l) "Insurance" means any of the lines of authority specified in K.S.A.
40-4903(a), and amendments thereto.
(m) "Insurance producer" or "producer" means any person licensed
under the laws of another state to sell, solicit, or negotiate insurance. For
the purposes of this act, the terms "insurance agent" and "agent" include an
"insurance producer" or "producer" when the context so requires. In the
context of a producer database maintained by this state, another state or the
NAIC, the term "producer" includes "agent."
(n) "Insurer" and "insurance company" means mean the same as
"insurance company" as defined by K.S.A. 40-222c, and amendments
thereto.
(o) "License" means a document issued by the commissioner
authorizing a person to act as an insurance agent for the lines of authority
specified in such document.
(p) "Limited line credit insurance" includes credit life, credit
disability, credit property, credit unemployment, involuntary
unemployment, mortgage life, mortgage guaranty, mortgage disability,
automobile dealer gap insurance and any other form of insurance offered
in connection with an extension of credit that is limited to partially or
wholly extinguishing that credit obligation that the insurance
commissioner determines should be designated a form of limited line
credit insurance.
(q) "Limited line credit insurance agent" means a person who sells,
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solicits or negotiates one or more forms of limited line credit insurance
coverage to individuals through a master, corporate, group or individual
policy.
(r) "NAIC" means the national association of insurance
commissioners.
(s) "Negotiate" means the act of conferring directly with or offering
advice directly to any purchaser or prospective purchaser of a particular
contract of insurance concerning any of the substantive benefits, terms or
conditions of such contract, provided that the person engaged in such act
either sells insurance or obtains insurance from insurers for purchasers.
(t) "Person" means an individual or a business entity.
(u) "Sell" means to exchange a contract of insurance by any means,
for money or its equivalent, on behalf of an insurance company.
(v) "Solicit" includes any attempt to sell insurance or asking or urging
a person to apply for any particular kind of insurance from any particular
insurance company.
Sec. 7. K.S.A. 58-4102 is hereby amended to read as follows: 58-
4102. As used in this act:
(a) "Appraisal" or "real estate appraisal" means an analysis, opinion
or conclusion prepared by a real estate appraiser relating to the nature,
quality, value or utility of specified interests in, or aspects of, identified
real estate. An appraisal may be classified by subject matter into either a
valuation or an analysis. A valuation is an estimate of the value of real
estate or real property. An analysis is a study of real estate or real property
other than estimating value.
(b) "Appraisal assignment" means an engagement for which an
appraiser is employed or retained to act, or would be perceived by third
parties or the public as acting, as a disinterested party in rendering an
unbiased analysis, opinion or conclusion relating to the nature, quality,
value or utility of specified interests in, or aspects of, identified real estate.
(c) "Broker's price opinion" and "comparative market analysis"
means mean an analysis, opinion or conclusion prepared by an individual
licensed as a real estate broker or salesperson pursuant to K.S.A. 58-3034
et seq., and amendments thereto, relating to the price of specified interests
in or aspects of identified real estate property that is provided to a potential
customer, client or third party in the ordinary course of business.
(d) "Board" means the real estate appraisal board established pursuant
to the provisions of this act.
(e) "Federal law" means title XI of the financial institutions reform,
recovery and enforcement act of 1989 (12 U.S.C. § 3331 et seq.) and any
other federal law, and any regulations adopted pursuant thereto.
(f) "Federally related transaction" means any real estate-related
financial transaction which: (1) A federal financial institutions regulatory
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agency or the resolution trust corporation engages in, contracts for or
regulates; and (2) requires the services of an appraiser.
(g) "Licensee" means an individual who has submitted an application
for an original license or certificate, licensure by reciprocity or
endorsement or renewal of a license or certification or a person who is
currently licensed or certified under this act as a class of appraiser
established in K.S.A. 58-4109, and amendments thereto.
(h) "Real estate" means an identified parcel or tract of land, including
improvements, if any.
(i) "Real estate appraisal organization" means any nationally
recognized organization of professional appraisers.
(j) "Real estate-related financial transaction" means any transaction
involving: (1) The sale, lease, purchase, investment in or exchange of real
property, including interests in property or the financing thereof; (2) the
refinancing of real property or interests in real property; (3) the use of real
property or interests in property as security for a loan or investment,
including mortgage-backed securities; or (4) a federally related
transaction.
(k) "Real property" means one or more defined interests, benefits and
rights inherent in the ownership of real estate.
(l) "Specialized services" means those appraisal services which do
not fall within the definition of appraisal assignment. Specified services
may include valuation work and analysis work. Regardless of the intention
of the client or employer, if the appraiser would be perceived by third
parties or the public as acting as a disinterested party in rendering an
unbiased analysis, opinion or conclusion, the work is classified as an
appraisal assignment and not specialized services.
(m) A "state certified appraiser" means a person who develops and
communicates real estate appraisals and who holds a current, valid
certificate issued to such person under the provisions of this act.
(n) A "state licensed appraiser" means a person who develops and
communicates real estate appraisals and holds a current, valid license
issued to such person under the provisions of this act.
(o) "Written appraisal" means a written statement used in connection
with a real estate-related financial transaction that is independently and
impartially prepared by a licensed or certified appraiser setting forth an
opinion of defined value of an adequately described property as of a
specific date, supported by presentation and analysis of relevant market
information.
(p) "Appraiser" means a person who develops and communicates real
estate appraisals for real estate-related financial transactions and holds a
current valid certification or license issued to such person under the
provisions of K.S.A. 58-4101 et seq., and amendments thereto.
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Sec. 8. K.S.A. 2025 Supp. 65-2802 is hereby amended to read as
follows: 65-2802. For the purpose of this act the following definitions
shall apply:
(a) The healing arts include any system, treatment, operation,
diagnosis, prescription or practice for the ascertainment, cure, relief,
palliation, adjustment or correction of any human disease, ailment,
deformity, injury, alteration or enhancement of a condition or appearance
and includes specifically, but not by way of limitation, the practice of
medicine and surgery; the practice of osteopathic medicine and surgery;
and the practice of chiropractic.
(b) "Board" means the state board of healing arts.
(c) "License," unless otherwise specified, means a license to practice
the healing arts granted under this act.
(d) "Licensed" or "licensee," unless otherwise specified, means a
person licensed under this act to practice medicine and surgery,
osteopathic medicine and surgery or chiropractic.
(e) "Healing arts school" means an academic institution which grants
a doctor of chiropractic degree, doctor of medicine degree or doctor of
osteopathy degree.
(f) "Applicant" means a person who has submitted an application for
any license, registration, permit or certificate to the board of healing arts.
(g) "Licensee" means a person who holds a license, registration,
permit or certificate issued by the board of healing arts.
(h) "Employee" means a person who has applied for a position of
employment with or is currently employed by the board.
(i) Wherever the masculine gender is used, it shall be construed to
include the feminine, and the singular number shall include the plural
when consistent with the intent of this act.
Sec. 9. K.S.A. 2025 Supp. 65-28,129 is hereby amended to read as
follows: 65-28,129. (a) As part of an original application for or
reinstatement of any license, registration, permit or certificate or in
connection with any investigation of any holder of a license, registration,
permit or certificate, The state board of healing arts may require a person
to be fingerprinted and submit to a state and national criminal history
record check in accordance with K.S.A. 2025 Supp. 22-4714, and
amendments thereto, as part of an original application for, renewal of or
reinstatement of any license, registration, permit or certificate for the
following license types issued by the board:
(1) Accupuncturist;
(2) athletic trainer;
(3) doctor of chiropractic medicine;
(4) doctor of medicine and surgery;
(5) doctor of naturopathic medicine;
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(6) doctor of osteopathic medicine and surgery;
(7) doctor of podiatric medicine
(8) independent certified nurse midwife;
(9) occupational therapist;
(10) occupational therapy assistant;
(11) physical therapist;
(12) physical therapist assistant;
(13) physician assistant;
(14) radiologic technologist;
(15) respiratory therapist;
(16) contact lens distributor; or
(17) owner, officer, partner or official of a business entity issued a
certificate by the board pursuant to K.S.A. 65-28,134, and amendments
thereto.
(b) The state board of healing arts may require a person to be
fingerprinted and submit to a state and national criminal history record
check in accordance with K.S.A. 22-4714, and amendments thereto, in
connection with any investigation of a holder of a license, registration,
permit or certificate.
(c) The state board of healing arts may require an employee as
defined in K.S.A. 65-2802, and amendments thereto, to be fingerprinted
and submit to a state and national criminal history record check in
accordance with K.S.A. 22-4714, and amendments thereto.
(d) The state board of healing arts may fix and collect a fee as may be
required by the board in an amount necessary to reimburse the board for
the cost of fingerprinting and the criminal history record check. Any
moneys collected under this subsection shall be deposited in the state
treasury and credited to the healing arts fee fund.
(c)(e) This section shall be a part of and supplemental to the Kansas
healing arts act.
Sec. 10. K.S.A. 2025 Supp. 74-50,182 is hereby amended to read as
follows: 74-50,182. As used in the Kansas professional regulated sports
act:
(a) "Amateur mixed martial arts" means any form of martial arts or
self-defense conducted on a full-contact basis in a contest without
weapons and in which the contestants compete without valuable
consideration.
(b) "Bout" means one match involving a regulated sport.
(c) "Boxing commissioner" means the person appointed pursuant to
K.S.A. 74-50,184, and amendments thereto, who shall be devoted full time
to the duties prescribed by the commission.
(d) "Commission" means the athletic commission or the commission's
designee and includes individuals who are employed by the athletic
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commission.
(e) "Contest" means a bout or a group of bouts involving licensed
contestants competing in a regulated sport.
(f) "Contestant" means a person who is licensed by the commission to
compete in a regulated sport.
(g) "Fund" means the athletic fee fund.
(h) "Grappling arts" means any form of grappling including, but not
limited to, Brazilian jiujitsu, catch wrestling, judo, luta livre esportiva,
sambo, shoot wrestling, shooto and shuai Jiao conducted on a full-contact
basis in a bout or contest without weapons or striking and where
contestants may compete for valuable consideration.
(i) "Noncompetitive sparring" means boxing, kickboxing or mixed
martial arts where a decision is not rendered.
(j) "Pankration" means a martial art system which that includes
elements of karate, tae-kwon-do tae kwon do, jujitsu, kempo, kung-fu
kung fu, wrestling, and submission grappling.
(k) "Professional boxing" means the sport of attack and defense
which that uses the fists and where contestants compete for valuable
consideration.
(l) "Professional full-contact karate" means any form of full-contact
martial arts, including, but not limited to , full-contact kung fu, full-contact
tae-kwon-do tae kwon do or any form of martial arts or self-defense
conducted on a full-contact basis in a bout or contest without weapons and
where in which contestants may compete for valuable consideration.
(m) "Professional kickboxing" means any form of kickboxing in
which blows are delivered with any part of the arm below the shoulder,
including the hand, and any part of the leg below the hip, including the
foot, and where contestants compete for valuable consideration.
(n) "Professional mixed martial arts" means any form of martial arts
or self-defense conducted on a full-contact basis in a bout or contest
without weapons and where contestants compete for valuable
consideration.
(o) "Professional wrestling" means any performance of wrestling
skills and techniques by two or more professional wrestlers, to which any
admission is charged. Participating wrestlers may not be required to use
their best efforts in order to win. The winner may have been selected
before the performance commences and contestants compete for valuable
consideration.
(p) "Regulated sports" means professional boxing, sparring,
professional kickboxing, professional and amateur mixed martial arts,
grappling arts, pankration, professional wrestling and professional full-
contact karate.
(q) "Sparring" means boxing, kickboxing, professional and amateur
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mixed martial arts, grappling arts, pankration, or full-contact karate for
practice or as an exhibition.
Sec. 11. K.S.A. 2025 Supp. 74-5602 is hereby amended to read as
follows: 74-5602. As used in the Kansas law enforcement training act:
(a) "Training center" means the law enforcement training center
within the university of Kansas, created by K.S.A. 74-5603, and
amendments thereto.
(b) "Commission" means the Kansas commission on peace officers'
standards and training, created by K.S.A. 74-5606, and amendments
thereto, or the commission's designee , and includes any employee of the
Kansas commission on peace officers' standards and training.
(c) "Chancellor" means the chancellor of the university of Kansas, or
the chancellor's designee.
(d) "Director of police training" means the director of police training
at the law enforcement training center.
(e) "Director" means the executive director of the Kansas commission
on peace officers' standards and training.
(f) "Law enforcement" means the prevention or detection of crime
and the enforcement of the criminal or traffic laws of this state or of any
municipality thereof.
(g) (1) "Police officer" or "law enforcement officer" means a full-time
or part-time salaried officer or employee of the state, a county or a city,
whose duties include the prevention or detection of crime and the
enforcement of the criminal or traffic laws of this state or of any
municipality thereof.
(2) "Police officer" or "law enforcement officer" includes, but is not
limited to: The sheriff, undersheriff and full-time or part-time salaried
deputies in the sheriff's office in each county; deputy sheriffs deputized
pursuant to K.S.A. 19-2858, and amendments thereto; conservation
officers of the Kansas department of wildlife and parks; university police
officers, as defined in K.S.A. 22-2401a, and amendments thereto; campus
police officers, as defined in K.S.A. 22-2401a, and amendments thereto;
law enforcement agents of the director of alcoholic beverage control; law
enforcement agents designated by the secretary of revenue pursuant to
K.S.A. 75-5157, and amendments thereto; law enforcement agents of the
Kansas lottery; law enforcement agents of the Kansas racing commission;
deputies and assistants of the state fire marshal having law enforcement
authority; capitol police, existing under the authority of K.S.A. 75-4503,
and amendments thereto; special agents of the department of corrections;
special investigators designated by the secretary of labor; and law
enforcement officers appointed by the adjutant general pursuant to K.S.A.
48-204, and amendments thereto; railroad policemen appointed pursuant to
K.S.A. 66-524, and amendments thereto; school security officers
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designated as school law enforcement officers pursuant to K.S.A. 72-6146,
and amendments thereto; the manager and employees of the horsethief
reservoir benefit district pursuant to K.S.A. 82a-2212, and amendments
thereto; and the director of the Kansas commission on peace officers'
standards and training and any other employee of such commission
designated by the director pursuant to K.S.A. 74-5603, and amendments
thereto, as a law enforcement officer. "Police officer" or "law enforcement
officer" includes any officer appointed or elected on a provisional basis.
(3) "Police officer" or "law enforcement officer" does not include any
elected official, other than a sheriff, serving in the capacity of a law
enforcement or police officer solely by virtue of such official's elected
position; any attorney-at-law having responsibility for law enforcement
and discharging such responsibility solely in the capacity of an attorney;
any employee of the secretary of corrections other than a special agent;
any employee of the secretary for children and families; any deputy
conservation officer of the Kansas department of wildlife and parks; or any
employee of a city or county who is employed solely to perform
correctional duties related to jail inmates and the administration and
operation of a jail; or any full-time or part-time salaried officer or
employee whose duties include the issuance of a citation or notice to
appear provided such officer or employee is not vested by law with the
authority to make an arrest for violation of the laws of this state or any
municipality thereof, and is not authorized to carry firearms when
discharging the duties of such person's office or employment.
(h) "Full-time" means employment requiring at least 1,000 hours of
law enforcement related work per year.
(i) "Part-time" means employment on a regular schedule or
employment which requires a minimum number of hours each payroll
period, but in any case requiring less than 1,000 hours of law enforcement
related work per year.
(j) "Misdemeanor crime of domestic violence" means a violation of
domestic battery as provided by K.S.A. 21-3412a, prior to its repeal, or
K.S.A. 21-5414, and amendments thereto, or any other misdemeanor
under federal, municipal or state law that has as an element the use or
attempted use of physical force, or the threatened use of a deadly weapon,
committed against a person with whom the offender is involved or has
been involved in a "dating relationship" or is a "family or household
member" as defined in K.S.A. 21-5414, and amendments thereto, at the
time of the offense.
(k) "Auxiliary personnel" means members of organized nonsalaried
groups who operate as an adjunct to a police or sheriff's department,
including reserve officers, posses and search and rescue groups.
(l) "Active law enforcement certificate" means a certificate that
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attests to the qualification of a person to perform the duties of a law
enforcement officer and that has not been suspended or revoked by action
of the Kansas commission on peace officers' standards and training and
has not lapsed by operation of law as provided in K.S.A. 74-5622, and
amendments thereto.
(m) "Applicant" means a person seeking certification as an officer
under this act.
Sec. 12. K.S.A. 2025 Supp. 74-9802 is hereby amended to read as
follows: 74-9802. As used in the tribal gaming oversight act:
(a) "Class III gaming" means all tribal gaming activities defined as
class III gaming by the Indian gaming regulatory act (25 U.S.C. 2701 et
seq.), as in effect on the effective date of this act forms of gaming that are
not class I or class II gaming and includes, but is not limited to:
(1) Any house banking game;
(2) any slot machine as defined in 15 U.S.C. § 1171(a)(1) and
electronic or electromechanical facsimiles of any game of chance;
(3) any sports betting and parimutuel wagering, including, but not
limited to, wagering on horse racking, dog racing or jai alai;
(4) lotteries; or
(5) any historical horse race machine games as defined in K.S.A. 74-
8802, and amendments thereto.
(b) "Employee" means a person who has applied for a position of
employment or is currently employed by the state gaming agency.
(c) "Executive director" means the executive director of the state
gaming agency.
(d) "Licensee" means a person who has submitted an application for
licesure or currently holds a license in tribal gaming issued pursuant to a
tribal-state gaming compact.
(e) "Tribal gaming" means any class III gaming conducted pursuant
to a tribal-state gaming compact. "Tribal gaming" does not include games
on video lottery machines, as defined by K.S.A. 74-8702, and amendments
thereto, that the Kansas lottery is prohibited from conducting under K.S.A.
74-8704, and amendments thereto.
(f) "Tribal gaming commission" means a commission created by a
native American tribe in accordance with a tribal-state gaming compact.
(g) "Tribal gaming facility" means a facility where tribal gaming is
conducted or operated.
(h) "Tribal-state gaming compact" means a compact entered into
between the state of Kansas and the Iowa Tribe of Kansas and Nebraska,
the Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas, the
Prairie Band Potawatomi Nation in Kansas or the Sac and Fox Nation of
Missouri in Kansas and Nebraska with respect to the tribe's authority to
engage in class III gaming on the tribe's reservation property in the state of
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Kansas.
Sec. 13. K.S.A. 75-7b17 is hereby amended to read as follows: 75-
7b17. (a) No licensee may carry a firearm concealed on or about the
licensee's person unless the licensee obtains a permit therefor, upon
application to the attorney general. No permit shall be issued to any
licensee unless such licensee:
(1) Demonstrates to the attorney general the need to carry a firearm in
order to protect the licensee's life or property or to protect the life or
property of a client of licensee and submits such proof as required by the
attorney general to establish the necessity for the issuance of a firearm
permit; and
(2) (A) within 24 months before the date of submission of the original
application for a firearm permit, has successfully completed the law
enforcement training requirements of subsection (a) of K.S.A. 74-
5607a(a), and amendments thereto, or, within 12 months before the date of
submission of the original application for a firearm permit, has
successfully completed the law enforcement training requirements of
subsection (b) of K.S.A. 74-5607a (b), and amendments thereto, and
submits such proof as required by the attorney general to show satisfactory
completion of such training; or
(B) within six months before the date of submission of the original
application for a firearm permit, has received training in the handling of
firearms and the lawful use of force from a trainer certified pursuant to
K.S.A. 75-7b21, and amendments thereto, and submits such proof as
required by the attorney general to show satisfactory completion of such
training.
(b) An application for a firearm permit by a licensee shall be made in
the manner and form prescribed by the attorney general and shall be
accompanied by a fee in an amount fixed by the attorney general pursuant
to K.S.A. 75-7b22, and amendments thereto. Such application shall be
made a part of and supplemental to such licensee's application for a license
under this act. The application shall contain:
(1) The applicant's name and business and residence addresses;
(2) the make or manufacturer's name, model, serial number, caliber,
gauge and any other identifying information concerning the firearm or
firearms to be carried by the applicant;
(3) a full set of the applicant's fingerprints , which shall be submitted
to the Kansas bureau of investigation for a state and national criminal
history record check in accordance with K.S.A. 2025 Supp. 22-4714, and
amendments thereto;
(4) a color photograph of the applicant taken within 30 days prior to
date of application and suitable for identification purposes; and
(5) such other information as deemed necessary by the attorney
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general.
(c) (1) If the attorney general is satisfied that it is necessary for an
applicant under this section to carry a firearm, the attorney general shall
issue to such licensee a firearm permit identification card, the form of
which shall be approved by the attorney general. Such card shall bear the
licensee's color photograph, thumb prints and signature and a description
of the firearm or firearms to be carried. The licensee shall have such
permit in the licensee's possession when carrying a firearm. Identification
cards and firearm permits shall be numbered consecutively, and the
attorney general shall maintain a current file of all valid firearm permits.
(2) For the purpose of safety and emergency identification, licensees
issued a firearm permit under this act to carry a concealed firearm may
carry a firearm permit badge. The badge shall be carried in such a manner
that at all times when the badge is visible the private detective's firearm
permit identification card issued pursuant to paragraph (1) of this
subsection also shall be visible. The attorney general shall determine the
size, design and other specifications of the badge. The words "licensed
private detective" shall be stated clearly on the face of the badge. The cost
of the badge shall be borne by the licensee. Whenever any licensee
terminates such licensee's activities as a private detective, or such
licensee's license has been suspended or revoked, such badge shall be
surrendered within five days following such termination, suspension or
revocation to the attorney general for cancellation. Every licensee
possessing a valid firearm permit badge shall report to the attorney general
any loss of the badge within 72 hours of the discovery of the loss.
(d) Any licensee granted a firearm permit shall present the permit
identification card and firearm permit badge upon request by a law
enforcement officer acting within the officer's jurisdictional authority, or
by a private person upon private property if the person owns or has legal
control of the private property, to demonstrate the licensee's permit to
carry a firearm. Every licensee possessing a valid firearm permit shall
report to the attorney general any change of employment status, change of
firearm or firearms to be carried, loss of identification card or change of
personal or business address. Every licensee who discharges a firearm for
any reason other than test firing, firearm training or target practice shall
report the discharge to the attorney general within 24 hours, together with
a written report giving full particulars and reason for such discharge.
(e) The attorney general shall revoke any firearm permit if the
licensee's private detective license has been suspended or revoked. The
attorney general may suspend or revoke any firearm permit if the licensee
has used a firearm in a manner inconsistent with the lawful use of force or
if the licensee can no longer demonstrate a need to carry a firearm,
pursuant to subsection (a)(1). An order of suspension or revocation, and
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hearing thereon, shall be subject to the provisions of the Kansas
administrative procedure act. The attorney general shall recall any
suspended or revoked firearm permit identification card.
(f) A licensee to whom a firearm permit is granted under this section
shall be deemed to have no greater justification in the use of force than a
private person as prescribed by the Kansas criminal code. Nothing in this
act shall be construed as limiting the civil liability of any such licensee
with respect to the use of force.
(g) No firearm permit shall be issued to any:
(1) Organization;
(2) individual who has been declared, by any court of competent
jurisdiction, to be incapacitated or mentally ill and has not been restored to
capacity or mental health; or
(3) individual who suffers from alcohol or narcotics addiction or
dependence.
(h) A firearm permit issued under this act shall expire on December
31 of the year of its issuance, except that on and after July 1, 2004, a
firearm permit issued under this act shall expire on the date of expiration
of the licensee's private detective license. Renewal of any such firearm
permit shall be made in a form and manner prescribed by the attorney
general and subject to such conditions as required by rules and regulations
adopted by the attorney general. Renewal of a firearm permit shall be
based on a demonstrated continuing need to carry a firearm in accordance
with subsection (a)(1).
Sec. 14. K.S.A. 2025 Supp. 75-53,105 is hereby amended to read as
follows: 75-53,105. (a) As used in this section,:
(1) "Participation" means the voluntary engagement of a person
whose criminal history information is being obtained or shared with the
department for children and families for the purpose of obtaining benefits,
a license, a permit, approval or other support in furtherance of a
program;
(2) "program" means an initiative funded by the state or federal
government or through private moneys that is administered by the
secretary through the department for children and families or a designee;
and
(3) "secretary" means the secretary for the department for children
and families or the secretary for aging and disability services.
(b) Notwithstanding the provisions of K.S.A. 22-4714, and
amendments thereto, the department for children and families may share
criminal history record check information for the purpose of adoption,
relative placement, foster care and foster care licensing with:
(1) Licensed child placing agencies and employees thereof, including
case management providers;
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(2) a court hearing a case pursuant to the revised Kansas code for
care of children or a court hearing an adoption for a child currently or
formerly in the custody of the secretary;
(3) a county or district attorney or designee prosecuting a case
pursuant to the revised Kansas code for care of children;
(4) court appointed special advocates;
(5) court services officers;
(6) Indian child welfare act tribal representatives; or
(7) any person or agency that is required to review a home study as
part of preparation or selection of an adoptive home for a child in the
custody of the secretary.
(c) The secretary shall upon request receive from the Kansas bureau
of investigation such criminal history record information in accordance
with K.S.A. 2025 Supp. 22-4714, and amendments thereto, as necessary
for the purpose of determining initial and continuing qualification for
employment or for participation in any program administered by the
secretary for the placement, safety, protection or treatment of vulnerable
children or adults.
(c)(d) Nothing in this act shall be construed to make unlawful or
prohibit the disclosure of any such information in a hearing or court
proceeding involving programs administered by the secretary or prohibit
the disclosure of any such information to the post auditor in accordance
with and subject to the provisions of the legislative post audit act.
Sec. 15. K.S.A. 40-4902, 58-4102 and 75-7b17 and K.S.A. 2025
Supp. 9-1719, 12-1679, 17-2234, 22-4714, 65-2802, 65-28,129, 74-
50,182, 74-5602, 74-9802 and 75-53,105 are hereby repealed.
Sec. 16. This act shall take effect and be in force from and after its
publication in the statute book.
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