Session of 2025
SENATE BILL No. 30
By Committee on Judiciary
1-16
AN ACT concerning criminal history record information; relating to state
and national criminal history record checks; requiring the secretary of
labor to conduct such checks on employees who have access to federal
tax information; amending K.S.A. 75-5702 and K.S.A. 2024 Supp. 22-
4714 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. 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
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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
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:
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(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
amendments thereto; and
(C) the secretary of labor for employees as defined in K.S.A. 75-
5702, and amendments thereto, in connection with such employment as
described in K.S.A. 75-5702, 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
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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;
(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;
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(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;
(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.
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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;
(S) the Kansas commission on veterans affairs office of veterans
services 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
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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
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. 2. K.S.A. 75-5702 is hereby amended to read as follows: 75-
5702. (a) The secretary of labor may appoint, with the consent of the
governor, one public information officer, one or more division directors,
one personal secretary and one special assistant, all of whom shall serve at
the pleasure of the secretary of labor, shall be in the unclassified service
under the Kansas civil service act and shall receive an annual salary fixed
by the secretary of labor with the approval of the governor.
(b) (1) The secretary may:
(A) Conduct public or private investigations within or outside of this
state which the secretary or the secretary's designee considers necessary or
appropriate to determine whether a person has violated, is violating, or is
about to violate the employment security law act or a rule and regulation
adopted or order issued under the employment security law, or to aid in the
enforcement of the employment security law;
(B) require or permit a person to testify, file a statement, or produce a
record, under oath or otherwise as the secretary or the secretary's designee
determines, as to all the facts and circumstances concerning a matter to be
investigated or about which an action or proceeding is to be instituted; and
(C) appoint one or more special investigators to aid in investigations
conducted pursuant to this act.
(2) Such special investigators shall have authority to make arrests,
serve subpoenas and all other process, conduct searches and seizures, store
evidence, and carry firearms, concealed or otherwise while investigating
violations of the employment security law act and to generally enforce all
the criminal laws of the state as violations of those laws are encountered
by such special investigators, except that no special investigator may carry
firearms while performing such duties without having first successfully
completed the training course prescribed for law enforcement officers
under the Kansas law enforcement training act, K.S.A. 74-5601 et seq.,
and amendments thereto.
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(c) The secretary of labor also may appoint such other officers and
employees as are necessary to enable the secretary to carry out the duties
of the office of the secretary and the department of labor.
(d) (1) The secretary of labor shall require an employee who has
access to federal tax information received directly from the internal
revenue service to be fingerprinted and submit to a state and national
criminal history record check in accordance with K.S.A. 2024 Supp. 22-
4714, and amendments thereto.
(2) As used in this subsection, "employee" means a person who has
applied for employment or is currently employed with the Kansas
department of labor and who has been or will be granted access to federal
tax information received directly from the internal revenue service.
(e) Except as otherwise specifically provided by law, such officers
and employees shall be within the classified service under the Kansas civil
service act. All personnel of the department of labor shall perform the
duties and functions assigned to such personnel by the secretary or
prescribed for such personnel by law and shall act for and exercise the
powers of the secretary of labor to the extent authority to do so is
delegated by the secretary.
Sec. 3. K.S.A. 75-5702 and K.S.A. 2024 Supp. 22-4714 are 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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