Kansas 2025-2026 Regular Session Status: Enacted

SB 139 — Updating certain definitions, terms and conditions relating to the state banking code.

Last action — Enrolled and presented to Governor on Friday, April 4, 2025

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 31, 2025. Enacted.

Signed by Governor Laura Kelly (Democratic) on April 10, 2025.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

755 added · 713 removed

755 line(s) added, 713 removed.

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AsAmended by House Committee Session of 2025 SENATE BILLNo.
SENATE BILL No.
139 By Committee on Financial Institutions and Insurance 1-31 AN ACT concerning banks and trust companies;
139 AN A CT concerning banks and trust companies;
9-519, 9-1111, 9-1114, 9- 1724, 9-1807, 9-2011, 9-2108 and 9-2111 and K.S.A.
9-519, 9-1111, 9-1114, 9-1724, 9-1807, 9-2011, 9-2108 and 9-2111 and K.S.A.
9- 2107 and repealing the existing sections;
9-2107 and repealing the existing sections;
9-519.
9- 519.
SB 139—Am.
(C) the commissioner determines, after notice and opportunity for a hearing to be conducted in accordance with the Kansas administrative procedure act, directly or indirectly exercises a controlling influence over the management or policies of the bank or company.
by HC 2 (C) the commissioner determines, after notice and opportunity for a hearing to be conducted in accordance with the Kansas administrative procedure act, directly or indirectly exercises a controlling influence over the management or policies of the bank or company.
(c) "Company" means any corporation, limited liability company, trust, partnership, association or similar organization, including a bank, but shall does not include any corporation, the majority of the shares of which are owned by the United States or by any state, or include any individual, partnership or qualified family partnership upon the determination by the commissioner that a general or limited partnership qualifies under the definition in 12 U.S.C.
(c) "Company" means any corporation, limited liability company, trust, partnership, association or similar organization, including a bank, SENATE BILL No.
139—page 2 but shall does not include any corporation, the majority of the shares of which are owned by the United States or by any state, or include any individual, partnership or qualified family partnership upon the determination by the commissioner that a general or limited partnership qualifies under the definition in 12 U.S.C.
(g) "Out-of-state bank holding company" means any holding SB 139—Am.
(g) "Out-of-state bank holding company" means any holding company that is not a Kansas bank holding company as defined in subsection (f).
by HC 3 company that is not a Kansas bank holding company as defined in subsection (f).
9-1111.
9- 1111.
(a)(1) The general business of every bank shall be transacted at the place of business specified in the bank's certificate of authority and at one or more branch banks established and operated as provided in this section.
(a) (1) The general business of every bank shall be transacted at the place of business specified in the bank's certificate of authority and at one or more branch banks established and operated as provided in this section.
9-1101(a)(25), and amendments thereto, or other applicable state or federal law, or is authorized to open accounts or receive deposits under K.S.A.
9-1101(a) (25), and amendments thereto, or other applicable state or federal law, or is authorized to open accounts or receive deposits under K.S.A.
9-1101(a)(28), and amendments thereto, shall not be deemed to be a branch bank:.
9- 1101(a)(28), and amendments thereto, shall not be deemed to be a branch bank:.
(2) the application shall include the nature of the banking business to be conducted at the proposed branch bank, the primary geographical area to be served by the proposed branch bank, the personnel and office facilities to be provided at the proposed branch bank and other information the commissioner may require;
SENATE BILL No.
(3) the application shall include the name selected for the proposed SB 139—Am.
139—page 3 (2) the application shall include the nature of the banking business to be conducted at the proposed branch bank, the primary geographical area to be served by the proposed branch bank, the personnel and office facilities to be provided at the proposed branch bank and other information the commissioner may require;
by HC 4 branch bank.
(3) the application shall include the name selected for the proposed branch bank.
SB 139—Am.
(A) There is a reasonable probability of usefulness and success of the proposed branch bank;
by HC 5 (A) There is a reasonable probability of usefulness and success of the proposed branch bank;
Upon receipt of a timely request, the state banking board shall conduct a hearing in accordance with the provisions of the Kansas administrative procedure act.
Upon receipt of a timely request, the state banking SENATE BILL No.
139—page 4 board shall conduct a hearing in accordance with the provisions of the Kansas administrative procedure act.
SB 139—Am.
Notwithstanding the foregoing provisions of this subsection, a remote service unit located on the property owned or leased by the bank where the principal place of business of a bank, or branch bank of a bank, is located need not be made available for use by any other bank or banks or customers of any other bank or banks;.
by HC 6 Notwithstanding the foregoing provisions of this subsection, a remote service unit located on the property owned or leased by the bank where the principal place of business of a bank, or branch bank of a bank, is located need not be made available for use by any other bank or banks or customers of any other bank or banks;.
(i) Upon providing notice to the commissioner, any state bank may conduct loan production activity at locations other than the place of business specified in the bank's certificate of authority or approved branch banks.
(i) Upon providing notice to the commissioner, any state bank SENATE BILL No.
139—page 5 may conduct loan production activity at locations other than the place of business specified in the bank's certificate of authority or approved branch banks.
and (3) operate check cashing check-cashing services so long as if no SB 139—Am.
and (3) operate check cashing check-cashing services so long as if no actual account withdrawal occurs;
by HC 7 actual account withdrawal occurs;
9-1114.
9- 1114.
(c) If, for any reason, the meeting cannot be held on the date specified in the bylaws, the meeting shall be held on a subsequent day within 60 days of the day fixed, to be designated by the board of directors, or, if the directors fail to fix the day, by the shareholders repres3nting / of the shares.
(c) If, for any reason, the meeting cannot be held on the date specified in the bylaws, the meeting shall be held on a subsequent day within 60 days of the day fixed, to be designated by the board of directors, or, if the directors fail to fix the day, by the shareholders representing / 3f the shares.
This list of stockholders shall be kept and maintained in the bank's or trust company's main office and shall be subject to inspection by all stockholders during the business hours of the bank or trust company.
This list of stockholders shall be kept and maintained SENATE BILL No.
139—page 6 in the bank's or trust company's main office and shall be subject to inspection by all stockholders during the business hours of the bank or trust company.
A copy of each oath shall be retained by the bank or trust company in the bank's or trust company's records after the SB 139—Am.
A copy of each oath shall be retained by the bank or trust company in the bank's or trust company's records after the election of any officer or director, for review by the commissioner's staff during the next examination.
by HC 8 election of any officer or director, for review by the commissioner's staff during the next examination.
9-1724.
9- 1724.
The second publication shall be on the 14 day after the date of the first publication or, if the newspaper does not publish th th on the 14 day, then the date that is the closest to the 14 day.
The second publication shall be on the 14th day after the date of the first publication or, if the newspaper does not th th publish on the 14 day, then the date that is the closest to the 14 day.
SB 139—Am.
Sec.
by HC 9 Sec.
9-1807.
9- 1807.
(a) If the commissioner finds that any bank or trust company is engaging, has engaged or is about to engage in an unsafe or unsound practice or if the commissioner finds that any bank or trust company is violating, has violated or is about to violate a law, rule and regulation or order of the commissioner or state banking board, the commissioner may issue and serve upon the bank or trust company a notice of charges.
(a) If the commissioner finds that any bank or trust company is engaging, has engaged or is about to engage in an unsafe or unsound practice or if the commissioner finds that any bank or trust company is violating, has violated or is about to violate a law, rule and regulation or order of the commissioner or state banking board, the commissioner may issue and serve upon the bank or trust company a notice of SENATE BILL No.
Show all 87 changed rows (47 more)
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139—page 7 charges.
Such order shall be effective upon service on the bank or trust company and shall remain effective and enforceable pending the completion of the proceedings pursuant to such notice and until such time as the state banking board shall dismiss dismisses the charges specified in such notice, or, if a cease and desist order is issued against the bank or SB 139—Am.
Such order shall be effective upon service on the bank or trust company and shall remain effective and enforceable pending the completion of the proceedings pursuant to such notice and until such time as the state banking board shall dismiss dismisses the charges specified in such notice, or, if a cease and desist order is issued against the bank or trust company, until the effective date of any such order.
by HC 10 trust company, until the effective date of any such order.
9-2011.
9- 2011.
9-701, and amendments thereto, any bank that has been granted trust authority by the commissioner under K.S.A.
9-701, and amendments thereto, any bank that has been granted SENATE BILL No.
139—page 8 trust authority by the commissioner under K.S.A.
(b) Any contracting trustee and any originating trustee may enter into an agreement by which the contracting trustee, without any further authorization of any kind, succeeds to and is substituted for the originating trustee as to all fiduciary powers, rights, duties, privileges and liabilities with respect to all accounts for which that the originating trustee serves in SB 139—Am.
(b) Any contracting trustee and any originating trustee may enter into an agreement by which the contracting trustee, without any further authorization of any kind, succeeds to and is substituted for the originating trustee as to all fiduciary powers, rights, duties, privileges and liabilities with respect to all accounts for which that the originating trustee serves in any fiduciary capacity, except as may be provided otherwise in the agreement.
by HC 11 any fiduciary capacity, except as may be provided otherwise in the agreement.
(f) No activity authorized by subsections (b) through (e) shall be conducted by any contracting trustee, originating trustee or financial institution until an application for such authority has been submitted to and approved by the commissioner.
SENATE BILL No.
139—page 9 (f) No activity authorized by subsections (b) through (e) shall be conducted by any contracting trustee, originating trustee or financial institution until an application for such authority has been submitted to and approved by the commissioner.
SB 139—Am.
(3) all other required regulatory approvals;
by HC 12 (3) all other required regulatory approvals;
and (5)(3) a certification by the parties to the agreement that written notice of the proposed substitution was sent by first-class mail to each co- fiduciary, each surviving settlor of a trust, each ward of a guardianship, each person that has sole or shared power to remove the originating trustee as fiduciary and each adult beneficiary currently receiving or entitled to receive a distribution of principle or income from a fiduciary account affected by the agreement, and that such notice was sent to each such person's address as shown in the originating trustee's records.
and (5)(3) a certification by the parties to the agreement that written notice of the proposed substitution was sent by first-class mail to each co-fiduciary, each surviving settlor of a trust, each ward of a guardianship, each person that has sole or shared power to remove the originating trustee as fiduciary and each adult beneficiary currently receiving or entitled to receive a distribution of principle or income from a fiduciary account affected by the agreement, and that such notice was sent to each such person's address as shown in the originating trustee's records.
The notice shall be published on the same day and every day thereafter for two consecutive weeks and provide for a comment period of not less than 10 days after the date of the second publication.
The notice shall be published on the same day and every day thereafter for two consecutive weeks and provide for a comment period of not less than days after the date of the second publication.
9-1726, and amendments thereto, to defray the expenses of the commissioner in SB 139—Am.
9- 1726, and amendments thereto, to defray the expenses of the commissioner in the examination and investigation of the application.
by HC 13 the examination and investigation of the application.
Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the bank investigation fund.
Upon receipt of each such remittance, the SENATE BILL No.
139—page 10 state treasurer shall deposit the entire amount in the state treasury to the credit of the bank investigation fund.
9-1714, 9- 1805, 9-1807 or 9-1809, and amendments thereto, to remedy such violation.
9-1714, 9-1805, 9-1807 or 9-1809, and amendments thereto, to remedy such violation.
(l)(m) Any party entitled to receive a notice under subsection (f)(5) (3) may file a petition in the court having jurisdiction over the fiduciary relationship, or if none, in the district court in the county where the originating trustee has its principal office, seeking to remove any contracting trustee substituted or about to be substituted as fiduciary pursuant to this section.
(l)(m) Any party entitled to receive a notice under subsection (f) (5)(3) may file a petition in the court having jurisdiction over the fiduciary relationship, or if none, in the district court in the county where the originating trustee has its principal office, seeking to remove any contracting trustee substituted or about to be substituted as fiduciary pursuant to this section.
The right to file a SB 139—Am.
The right to file a petition under this subsection shall be in addition to any other rights to remove the fiduciary provided by any other statute or regulation or by the writing creating the fiduciary relationship.
by HC 14 petition under this subsection shall be in addition to any other rights to remove the fiduciary provided by any other statute or regulation or by the writing creating the fiduciary relationship.
9-2108.
9- 2108.
(b) After first applying for and obtaining the approval of the commissioner under this section, one or more trust service offices may be established or operated in any city within this state by a trust company incorporated under the laws of this state.
SENATE BILL No.
139—page 11 (b) After first applying for and obtaining the approval of the commissioner under this section, one or more trust service offices may be established or operated in any city within this state by a trust company incorporated under the laws of this state.
If the name selected for the proposed trust service office SB 139—Am.
If the name selected for the proposed trust service office does not contain the name of the applicant trust company, the trust service office shall provide in the public lobby of such trust service office, a public notice that it is a trust service office of the applicant trust company.
by HC 15 does not contain the name of the applicant trust company, the trust service office shall provide in the public lobby of such trust service office, a public notice that it is a trust service office of the applicant trust company.
9-1726, and amendments thereto, to defray the expenses of the commissioner in the examination and investigation of the application.
9- 1726, and amendments thereto, to defray the expenses of the commissioner in the examination and investigation of the application.
(f) Upon the filing of a complete application with the commissioner, the commissioner shall make or cause to be made, a careful examination and investigation.
(f) Upon the filing of a complete application with the commissioner, the commissioner shall make or cause to be made, a SENATE BILL No.
139—page 12 careful examination and investigation.
(h) When the commissioner determines that a trust company domiciled in this state has established or is operating a trust service office in violation of the laws governing the operation of such trust company, the SB 139—Am.
(h) When the commissioner determines that a trust company domiciled in this state has established or is operating a trust service office in violation of the laws governing the operation of such trust company, the commissioner may take such action as available under K.S.A.
by HC 16 commissioner may take such action as available under K.S.A.
9-1714, 9-1805, 9-1807 or 9-1809, and amendments thereto, to remedy such violation.
9-1714, 9- 1805, 9-1807 or 9-1809, and amendments thereto, to remedy such violation.
9-2111.
9- 2111.
9-2107, and amendments thereto, no trust company, trust department of a bank, corporation or other business entity, the with a home office of which is located outside the state of Kansas, shall establish or operate a trust facility within the state of Kansas, unless the laws of the state where the home office of the nonresident trust company, trust department of a bank, corporation or other business entity is located authorize a Kansas chartered Kansas-chartered trust company, trust department of a bank, corporation or other business entity to establish or operate a trust facility within that state.
9-2107, and amendments thereto, no trust company, trust department of a bank, corporation or other business entity, the with a home office of which is located outside the state of Kansas, shall establish or operate a trust facility within the state of Kansas, unless the laws of the state where the home office of the nonresident trust company, trust department of a bank, corporation or other business entity is located authorize a Kansas chartered Kansas- chartered trust company, trust department of a bank, corporation or other business entity to establish or operate a trust facility within that state.
(b) Before any nonresident trust company, trust department of a bank, corporation or other business entity establishes a trust facility in Kansas, a copy of the application submitted to the home state, and proof that the home state authorizes a Kansas chartered Kansas-chartered trust company, trust department of a bank, corporation or other business entity to establish or operate a trust facility within that state, must shall be filed by the applicant with the commissioner.
(b) Before any nonresident trust company, trust department of a bank, corporation or other business entity establishes a trust facility in Kansas, a copy of the application submitted to the home state, and proof that the home state authorizes a Kansas chartered Kansas- chartered trust company, trust department of a bank, corporation or other business entity to establish or operate a trust facility within that state, must shall be filed by the applicant with the commissioner.
(d) No Kansas bank with a trust department shall establish an out-of- state trust facility until an application has been filed with the commissioner and approval has been received.
(d) No Kansas bank with a trust department shall establish an out- of-state trust facility until an application has been filed with the commissioner and approval has been received.
9-1111, and amendments thereto.
9- 1111, and amendments thereto.
The commissioner shall remit all moneys received under this section to the state treasurer in accordance with the provisions of K.S.A.
The commissioner SENATE BILL No.
75-4215, and amendments SB 139—Am.
139—page 13 shall remit all moneys received under this section to the state treasurer in accordance with the provisions of K.S.A.
by HC 17 thereto.
75-4215, and amendments thereto.
11. This act shall take effect and be in force from and after its publication in the statute book Kansas register.
11. This act shall take effect and be in force from and after its publication in the statute book.
I hereby certify that the above ILLoriginated in the SENATE, and passed that body __________________________ SENATE adopted Conference Committee Report ________________ _________________________ President of the Senate.
_________________________ Secretary of the Senate.
Passed the H OUSE as amended _________________________ H OUSE adopted Conference Committee Report ________________ _________________________ Speaker of the House.
_________________________ Chief Clerk of the House.
A PPROVED _____________________________ _________________________ Governor.
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Action History

  1. Enrolled and presented to Governor on Friday, April 4, 2025

  2. Approved by Governor on Tuesday, April 8, 2025

  3. Conference Committee Report was adopted; Yea 40, Nay 0

  4. Conference committee report now available

  5. Conference Committee Report was adopted; Yea 122, Nay 0, Absent 3

  6. Motion to accede adopted; Rep. Nick Hoheisel, Rep. Angela Stiens and Rep. Rui Xu appointed as conferees

  7. Nonconcurred with amendments; Conference Committee requested; appointed Sen. Brenda Dietrich, Sen. Michael Fagg and Sen. Marci Francisco

  8. Final Action - Passed as amended; Yea 122, Nay 0, Absent 3

  9. Committee of the Whole - Committee Report be adopted

  10. Committee of the Whole - Be passed as amended

  11. Committee Report recommending bill be passed as amended by House Committee on Financial Institutions and Pensions

  12. Received and Introduced

  13. Referred to House Committee on Financial Institutions and Pensions

  14. Committee of the Whole - Be passed

  15. Emergency Final Action - Passed; Yea 40, Nay 0

  16. Committee Report recommending bill be passed by Senate Committee on Financial Institutions and Insurance

  17. Referred to Senate Committee on Financial Institutions and Insurance

  18. Introduced

Sponsors

  • Committee on Financial Institutions and Insurance · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 164 not signed on

Sponsors (1)

  • Committee on Financial Institutions and Insurance

Co-sponsors (0)

None.

Not signed on (164)

164 members have not signed on to this bill.

Show all 164 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 139?
SB 139 is sponsored by Committee on Financial Institutions and Insurance.
What is the current status of SB 139?
This bill has been enacted into law. Introduced January 31, 2025. Enacted.
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