SESSION OF 2025
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2342
As Recommended by House Committee on
Commerce, Labor and Economic Development
Brief*
HB 2342 would authorize the Secretary of Commerce
(Secretary) to request the Kansas Bureau of Investigation
(KBI) conduct a state and national criminal history record
check on any final applicant for, or an employee in, a
sensitive position within the Department of Commerce
(Department).
The Secretary would be authorized to use information
from such a background check in the determination of
applicants for, or employees in, sensitive positions. This
determination would be required to be in the Secretary’s
discretion except for a minimum standard requiring that a
person in such a position have no misdemeanor conviction
for any crime involving theft, fraud, forgery, or other financial
crime or any felony conviction.
The bill would define “final applicant” to mean an
applicant for a sensitive position with the Department whom
the Secretary has determined is among a select group of
applicants most qualified for the sensitive position and to
whom the Secretary intends to give final consideration for an
employment offer.
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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
https://klrd.gov/ The bill would also define “sensitive position” to mean an
employee in:
●The positions of division, director, assistant
secretary, deputy secretary, information technology
manager, and chief counsel;
●Grant or loan program manager positions directly
involved with accounting or disbursement of funds;
and
●Any position determined by the Secretary involving
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.
The bill would amend current law to allow the KBI to
release certain criminal history record information to the
Secretary for final applicants or employees for a sensitive
position.
Background
The bill was introduced by the House Committee on
Commerce, Labor and Economic Development at the request
of a representative of the Department.
House Committee on Commerce, Labor and Economic
Development
In the House Committee hearing, proponent testimony
was provided by a representative of the Department, who
stated the bill would help protect the State as an employer
and reduce potential future hiring risks.
No other testimony was provided.
2- 2342 Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, the Department states the agency
would be able to implement the bill within its existing
resources. The KBI 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 the bill is not
reflected in The FY 2026 Governor’s Budget Report.
Department of Commerce; criminal history; background checks; Kansas Bureau of
Investigation
3- 2342