9-1303.   Exchange of examinations andreports.(a) The state bank commissioner is hereby authorized to accept anyreport ofexamination of a state bank or trust company made by the federal depositinsurance corporation or its successor,or bythe federal reserve bank, but only one such report of examination shall beaccepted in lieu ofany examination required by this act in any one calendar year. The commissioneralso may accept any report obtained bythe federal deposit insurance corporation or the federalreserve bankrelative to the condition of any bank or trust company inlieu of any report required by this act.

      (b)   The commissioner shall furnish to the federal deposit insurancecorporation, or to any officer or examiner thereof, a copy of any or allexamination reports made by the commissioner, or the commissioner'sexaminers, of any bank or trust company insured by suchcorporation. The commissionermay disclose to the federal deposit insurance corporation, or anyofficial or examiner thereof, any and allinformation contained in the commissioner's office concerning thecondition of any bank or trust company insured by suchcorporation.

      (c)   Thecommissioner may disclose to the federal reserve bank,office of the comptroller of currency, the federal home loan bank,otherstate bank, trust companyand savings andloan regulatory agencies, the office of thrift supervision, and thefinancial crimes enforcement network,or any officer orexaminer thereof, any and all information contained in the commissioner'soffice concerning the condition of any bank or trust company.

      (d)   Thecommissioner may furnish to the state treasurer a copy of any or allexamination information relating specifically to apparent violations of theuniform unclaimed property act, K.S.A. 58-3934 through 58-3978, and amendmentsthereto.

      (e)   The commissioner, by agreement, may establish an informationsharing and exchange program with a functional regulatory agency that hasoverlapping regulatory jurisdiction with the department, with respect to all or part of an affiliated group that includes a financial institution, to reducethe potential for duplicative and burdensome filings, examinations and otherregulatory activities. Each agency party to such an agreement shall agree tomaintain confidentiality of information that is confidential under applicablestatute or federal law and to take all reasonable steps to oppose any effort tosecure disclosure of the information by such agency.

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

      (g)   As used in this section: (1) "Affiliated group" means two or more personsaffiliated through common ownership or a contractual common undertakinginvolving the sharing of customer information among such persons;

      (2)   "agency" means a department or agency of this state, another state, theUnited States or any related agency or instrumentality;

      (3)   "functional regulatory agency" means an agency that regulates,charters, licenses or registers persons engaged in activities that arefinancial in nature, incidental to financial activities, or complementary tofinancial activities, as those terms are used in the Gramm-Leach Bliley act of1999(P.L. 106-102), including activities related to banking, insurance orsecurities,within the jurisdiction of the agency;

      (4)   "privilege" includes any work product, attorney client or other privilegerecognized under federal or state law.

      (h)   Nothingin this act shallbe construed to limit the powers of the commissioner with reference toexaminations and reports required by this act.

      History:   L. 1947, ch. 102, § 61; L. 1975, ch. 44, § 23; L. 1975,ch. 45, § 5;L. 1985, ch. 56, § 4;L. 1987, ch. 54, § 7;L. 1995, ch. 17, § 1;L. 2001, ch. 35, § 1;L. 2005, ch. 19, § 1; July 1.