SB 427

                            SENATE BILL No. 427
AN ACT concerning the senate committee on confirmation oversight; clarifying that the
   chairperson and vice chairperson shall have access to review tax information and
   Kansas bureau of investigation background checks on persons appointed to office
   who are subject to senate confirmation; amending K.S.A. 2025 Supp. 22-4714, 75-
   712 and 75-4315d and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
    Section 1. 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, 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
                   SENATE BILL No. 427—page 2
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
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.
    (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
                   SENATE BILL No. 427—page 3
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
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 to positions
subject to confirmation by the senate as described in K.S.A. 75-712,
and amendments thereto, and 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
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;
    (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
                    SENATE BILL No. 427—page 4
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 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
                   SENATE BILL No. 427—page 5
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 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 department of revenue for employees as defined in K.S.A.
75-5133c, and amendments thereto, in connection with such
employment as described in K.S.A. 75-5133c, and amendments thereto;
    (V) 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) 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) 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) 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) 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. 2. K.S.A. 2025 Supp. 75-712 is hereby amended to read as
follows: 75-712. (a) It is the duty of the members of the bureau to make
full and complete investigations at the direction of the attorney general.
                   SENATE BILL No. 427—page 6
Each member of the bureau shall possess all powers and privileges
which that are now or may be hereafter given to the sheriffs of Kansas.
    (b) (1) The bureau shall acquire, collect, classify and preserve
criminal identification and other crime records, and may exchange such
criminal identification records with the duly authorized officials of
governmental agencies, of states, cities and penal institutions.
    (2) The bureau shall make available to the governor's domestic
violence fatality review board crime record information related to
domestic violence, including, but not limited to, type of offense, type of
victim and victim relationship to offender, as found on the Kansas
standard offense report. Such crime record information shall be made
available only in a manner that does not identify individual offenders or
victims.
    (c) For purposes of carrying out the powers and duties of the
bureau, the director may request and accept grants or donations from
any person, firm, association or corporation or from the federal
government or any federal agency and may enter into contracts or other
transactions with any federal agency in connection therewith.
    (d) (1) The bureau shall conduct background investigations of:
    (A) Appointees to positions which that are subject to confirmation
by the senate of the state of Kansas; and
    (B) at the direction of the governor, all judicial appointments.
    (2) The bureau shall require the appointee to be fingerprinted in
accordance with K.S.A. 2024 Supp. 22-4714, and amendments thereto.
If the appointing authority is the governor, information received
pursuant to this subsection also may be disclosed to the governor's staff
as necessary to determine the appointee's qualifications. For
appointments that are subject to confirmation by the senate,
information received pursuant to this subsection also may be disclosed
in accordance with K.S.A. 75-4315d, and amendments thereto, to the
chairperson and vice chairperson of the senate committee on
confirmation oversight as established by K.S.A. 46-2601, and
amendments thereto, as necessary to determine an appointee's
qualification.
    (3) Any information received pursuant to this subsection, other
than conviction data, shall be confidential. Except as provided by
section 22 of article 2 of the Kansas constitution and this subsection,
such confidential information shall not be disclosed to any other
person.
    (e) Reports of all investigations made by the members of the
bureau shall be made to the attorney general of Kansas.
    Sec. 3. K.S.A. 2025 Supp. 75-4315d is hereby amended to read as
follows: 75-4315d. (a) As used in this section:
    (1) "Office" means any state office or board, commission, council,
committee, authority or other governmental body, the members of
which are required by law to be appointed by an appointing authority,
and which appointment is whose appointments are subject to
confirmation by the senate as provided in K.S.A. 75-4315b, and
amendments thereto.
    (2) "Appointing authority" means a person, other than the
governor, who is required by law to make an appointment to an office.
    (3) "Chairperson" means the chairperson of the confirmation
oversight committee.
    (4) "Vice chairperson" means the vice chairperson of the
confirmations oversight committee.
    (5) "Committee" means the confirmation oversight committee
established by K.S.A. 46-2601, and amendments thereto.
    (5) "Director" means the director of the Kansas legislative
research department or the director's designee.
                   SENATE BILL No. 427—page 7
    (b) No person may be appointed to an office unless such person
has completed and submitted a nomination form as required by the
rules of the committee. Such form shall be accompanied by the release
of a tax certification, and such person shall consent to a background
investigation as required by subsection (c). No person may be
appointed to an office unless such person has filed a statement of
substantial interest as required by K.S.A. 46-247, and amendments
thereto. A copy of the nomination form and the statement of substantial
interest shall be kept on file in the office of the director appointing
authority and shall be subject to disclosure under the Kansas open
records act.
    (c) No person may be appointed to an office unless such person
has consented to a background investigation conducted by the Kansas
bureau of investigation in accordance with K.S.A. 22-4714, and
amendments thereto. No person may be appointed to an office unless
such person is current in the payment of taxes and consents to the
release of a tax certification by the Kansas department of revenue
which that states whether such person is, or is not, current in the
payment of taxes.
    (d) Any appointing authority who desires to appoint a person to an
office shall forward to the chairperson a completed copy of the
nomination form, the statement of substantial interest, the consent to
the release of the tax certification and a written request that a
background investigation be conducted on the person nominated for
appointment to an office. Upon receipt of such information, the
chairperson shall forward such information and a written direction to
the director to request the Kansas bureau of investigation to conduct a
background investigation of such nominee in accordance with K.S.A.
2024 Supp. 22-4714, and amendments thereto, and to request the
Kansas department of revenue to release the tax certification for such
person.
    (e) Any information received by the director appointing authority
pursuant to this section from the Kansas department of revenue or the
Kansas bureau of investigation shall be kept on file in the office of the
director appointing authority or in a secure location under the control
of the director within the Kansas legislative research department
appointing authority. After receipt of information, the director if the
appointing authority chooses to proceed with the nomination of the
person, the appointing authority shall notify the appointing authority
who nominated the person for appointment to an office and the
nominee chairperson and vice chairperson that the information is
available for review in the office of the director appointing authority.
Upon the written request of such appointing authority chairperson, vice
chairperson or the nominee, the director appointing authority shall
allow such appointing authority and chairperson, vice chairperson or
the nominee to review the information. Such information shall not be
removed from the office of the director appointing authority and shall
not be duplicated or copied in any manner. If the appointing authority
chooses to proceed with the nomination of the person for appointment
to an office, the director shall notify the chairperson and the vice
chairperson of the committee that such information is available for
review by either legislator, or both, upon the written request of either
legislator, or both.
    (f) Any information received by the director appointing authority
pursuant to this section which that relates to a person whose
nomination for appointment to an office is confirmed by the senate as
provided by K.S.A. 75-4315b, and amendments thereto, may be
disposed of in the manner provided by K.S.A. 75-3501 et seq., and
amendments thereto. Any information received by the director
                    SENATE BILL No. 427—page 8
appointing authority pursuant to this section which that relates to a
person whose nomination is withdrawn or whose appointment is not
confirmed by the senate as provided by K.S.A. 75-4315b, and
amendments thereto, shall be destroyed by the director appointing
authority. The destruction of such records shall occur no not sooner
than one year, and no but not later than two years, following the
withdrawal of the nomination of the appointment or the failure of the
senate to confirm the appointment of such person.
   Sec. 4. K.S.A. 2025 Supp. 22-4714, 75-712 and 75-4315d are
hereby repealed.
   Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
_________________________
                       _________________________
                                                         President of the Senate.
                        _________________________
                                                         Secretary of the Senate.
Passed the HOUSE ________________________
                       _________________________
                                                          Speaker of the House.
                        _________________________
                                                    Chief Clerk of the House.
APPROVED ____________________________
                       _________________________
                                                                    Governor.