Division of the Budget Landon State Office Building Phone: (785) 296-2436 900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov Topeka, KS 66612 http://budget.kansas.gov Adam C. Proffitt, Director Laura Kelly, Governor Division of the Budget February 13, 2025 The Honorable Sean Tarwater, Chairperson House Committee on Commerce, Labor and Economic Development 300 SW 10th Avenue, Room 346-S Topeka, Kansas 66612 Dear Representative Tarwater: SUBJECT: Fiscal Note for HB 2342 by House Committee on Commerce, Labor and Economic Development In accordance with KSA 75-3715a, the following fiscal note concerning HB 2342 is respectfully submitted to your committee. HB 2342 would authorize the Secretary of Commerce to request the Kansas Bureau of Investigation to conduct a state and national criminal history background check on any final applicant for or employee in a sensitive position with the Department of Commerce. The Secretary would use the information to determine the qualifications and fitness of the final applicant or employee. The bill would list the minimum standards the Secretary would use in the determination for offering employment. The authority of the Secretary to request a background check would be superseded by KSA 75-7241, which requires an executive branch agency head to require an employee to be fingerprinted and submit to a background check at least every five years. The bill would also add the Secretary to the list of officials who could access criminal history records when reviewing employment applications for a sensitive position. The Department of Commerce states the agency would be able to implement HB 2342 within its existing resources. The Kansas Bureau of Investigation indicates that revenue received from criminal background check requests would be used to offset any expenditures related to staffing and maintenance of the required systems used to transmit background check information. Any fiscal effect associated with HB 2342 is not reflected in The FY 2026 Governor’s Budget Report. Sincerely, Adam C. Proffitt Director of the Budget cc: Sherry Rentfro, Department of Commerce Paul Weisgerber, Kansas Bureau of Investigation