Session of 2025
HOUSE BILL No. 2342
By Committee on Commerce, Labor and Economic Development
Requested by Rachel Willis on behalf of the Department of Commerce
2-7
AN ACT concerning the secretary of commerce; relating to employment
with the department of commerce; authorizing national criminal history
background checks for final applicants for certain sensitive positions
and employees in such positions; authorizing the secretary of
commerce to request the Kansas bureau of investigation to conduct the
background checks and provide the results to the secretary; amending
K.S.A. 2024 Supp. 22-4714 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The secretary may request the Kansas bureau of
investigations to conduct a state and national criminal history record check
on any final applicant for, or employee in, a sensitive position with the
department, in accordance with K.S.A. 2024 Supp. 22-4714, and
amendments thereto. The secretary may use the information obtained from
such state and national criminal history record check in the determination
of the qualifications and fitness of the final applicant for, or the employee
in, a sensitive position with the department. Such determination shall be in
the discretion of the secretary except for the minimum standard required
pursuant to subsection (b).
(b) As a minimum standard for a final applicant offered employment
with the department in a sensitive position or employment for an employee
in a sensitive position, a person shall have no misdemeanor conviction for
any crime involving theft, fraud, forgery or other financial crime or any
felony conviction under the laws of any state or of the United States, either
prior to or during such employment.
(d) For purposes of this section:
(1) "Final applicant" means an applicant for a sensitive position with
the department of commerce whom the secretary has determined is among
a select group of applicants that are the most qualified for the sensitive
position and to whom the secretary intends to give final consideration for
an offer of such employment.
(2) "Sensitive position" means an employee in:
(A) The positions of division director, assistant secretary, deputy
secretary, IT manager and chief counsel;
(B) grant or loan program manager positions directly involved with
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accounting or disbursement of funds; and
(C) any position determined by the secretary to involve significant
financial management responsibilities, the collection or maintenance of, or
access to, confidential personal or business information or a significant
risk of fraud or financial liability to the department.
(e) The provisions of K.S.A. 75-7241, and amendments thereto, shall
supersede the provisions of this section.
Sec. 2. K.S.A. 2024 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 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.
(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
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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 attorney general for applicants as defined in K.S.A 75-7c01,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7c05, and amendments thereto; and
(C) 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.
(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;
(B) 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;
(C) 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 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 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; and
(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
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amendments thereto, and
(C) the secretary of commerce for final applicants for a sensitive
position or employees in a sensitive position as defined in section 1, and
amendments thereto, in connection with such employment 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
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;
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(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 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; and
(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.
(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;
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(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 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;
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(S) the Kansas commission on veterans affairs office 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 attorney general for applicants as defined in K.S.A. 75-7e01,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7e03, and amendments thereto;
(V) 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;
(W) the divison 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;
(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;
(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;
(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
(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.
(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
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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. 3. K.S.A. 2024 Supp. 22-4714 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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