CHAPTER 35 HOUSE BILL No. 2149 An Act relating to the state bank commissioner; providing for the sharing of certain infor-
mation with agencies; amending K.S.A. 2000 Supp. 9-1303 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2000 Supp. 9-1303 is hereby amended to read as
follows: 9-1303. (a) The state bank commissioner is hereby authorized to
accept any report of examination of a state bank or trust company made
within a reasonable period by the federal deposit insurance corporation
or its successor, by the federal reserve bank or by the certified public
accountant or independent auditor auditing the accounts of any bank or
trust company insured by a private insurer, as authorized under the pro-
visions of this act, but only one such report of examination shall be ac-
cepted in lieu of any examination required by this act in any one calendar
year. The commissioner also may accept any report obtained by the in-
surance corporation, the federal reserve bank or private insurer within a
reasonable time relative to the condition of any bank or trust company in
lieu of any report required by this act.

      (b) The commissioner shall furnish to the insurance corporation or
private insurer, or to any officer or examiner thereof, a copy of any or all
examination reports made by the commissioner, or the commissioner's
examiners, of any bank or trust company insured by the corporation or
insurer, and any or all reports made to the commissioner by any bank or
trust company insured by such corporation or insurer. The commissioner
may disclose to the insurance corporation or private insurer, or any official
or examiner thereof, any and all information contained in the commis-
sioner's office concerning the condition of affairs of any bank or trust
company insured by such corporation or insurer.

      The commissioner may furnish to the federal reserve bank, office of
the comptroller of currency, the federal home loan bank, and other state
bank regulatory agencies and savings and loan regulatory agencies or any
officer or examiner thereof, a copy of any or all examination reports made
by the commissioner, or the commissioner's examiners of any bank or
trust company which is a member or nonmember of the federal reserve
system and any or all reports made to the commissioner by any bank or
trust company which is a member of the federal reserve system.

      (c) The commissioner may disclose to the federal reserve bank, office
of the comptroller of currency, the federal home loan bank, and other
state bank regulatory agencies and savings and loan regulatory agencies
or any officer or examiner thereof, any and all information contained in
the commissioner's office concerning the condition of affairs of any bank
or trust company which is a member or nonmember of the federal reserve
system.

      (d) The commissioner may furnish to the state treasurer a copy of
any or all examination information relating specifically to apparent vio-
lations of the uniform unclaimed property act, K.S.A. 58-3934 through
58-3978, and amendments thereto.

      (e) The commissioner, by agreement, may establish an information
sharing and exchange program with a functional regulatory agency that
has overlapping regulatory jurisdiction with the department, with respect
to all or part of an affiliated group that includes a financial institution, to
reduce the potential for duplicative and burdensome filings, examinations
and other regulatory activities. Each agency party to such an agreement
shall agree to maintain confidentiality of information that is confidential
under applicable statute or federal law and to take all reasonable steps to
oppose any effort to secure disclosure of the information by such agency.

      (f) Disclosure of information by or to the commissioner pursuant to
this section shall not constitute a waiver of or otherwise affect or diminish
a privilege to which the information is otherwise subject, whether or not
the disclosure is governed by a confidentiality agreement.

      (g) As used in this section: (1) ``Affiliated group'' means two or more
persons affiliated through common ownership or a contractual common
undertaking involving the sharing of customer information among such
persons;

      (2) ``agency'' means a department or agency of this state, another
state, the United States or any related agency or instrumentality;

      (3) ``functional regulatory agency'' means an agency that regulates
and charters, licenses or registers persons engaged in activities that are
financial in nature, incidental to financial activities, or complementary to
financial activities, as those terms are used in the Gramm-Leach Bliley
act of 1999 (P.L. 106-102), including activities related to banking, insur-
ance or securities, within the jurisdiction of the agency;

      (4) ``privilege'' includes any work product, attorney client or other
privilege recognized under federal or state law.

      (h) Nothing in this act shall be construed to limit the powers of the
commissioner with reference to examinations and reports required by this
act.

 Sec.  2. K.S.A. 2000 Supp. 9-1303 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 21, 2001.
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