74-5005a. Powers of secretary; criminal history record check and fingerprinting. (a) The secretary of commerce 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 of commerce, in accordance with K.S.A. 2025 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 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.

History: L. 2025, ch. 98, § 1; May 1.