Printable Format22-4715. Name-based criminal history record check by governmental agency other than criminal justice agency; use and disclosure of criminal history record information by the agency for employment, licensure, registration or permit; fees; confidentiality. (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 name-based criminal history record check of a person from the Kansas bureau of investigation from the state database. An agency identified in subsection (b) may use the information obtained from the criminal history record check for the purposes of determining whether the person has a record of criminal history in this state that would prohibit such person from employment, licensure, registration or obtaining a permit.
(b) (1) The Kansas bureau of investigation shall release criminal history record information related to adult convictions and adult non-convictions to:
(A) The state board of healing arts for determining qualifications for an original application or reinstatement of a license, permit registration or certification as described in K.S.A. 65-2839a, and amendments thereto; and
(B) the state lottery for the purpose of awarding major contracts as described in K.S.A. 74-8705, and amendments thereto.
(2) The Kansas bureau of investigation shall release criminal history record information related to adult convictions to:
(A) The department for aging and disability services for applicants for an adult care home operator license as described in K.S.A. 39-969, and amendments thereto;
(B) the joint committee on Kansas security for committee staff members of the office of revisor of statutes and the legislative research department as described in K.S.A. 46-3301, and amendments thereto;
(C) the attorney general for applicants for roofing contractors registration as described in K.S.A. 50-6,126, and amendments thereto;
(D) the department of health and environment for applicants for a permit to construct, alter or operate a solid waste processing facility as described in K.S.A. 65-3407, and amendments thereto;
(E) the Kansas department for aging and disability services for applicants for licensure as an adult care home administrator as described in K.S.A. 65-3503, and amendments thereto;
(F) the board of nursing for applicants for a mental health technician license as described in K.S.A. 65-4209, and amendments thereto;
(G) the board of nursing for applicants for nurse licensure as described in K.S.A. 65-1120, and amendments thereto;
(H) the state lottery for applicants for employment at the lottery as described in K.S.A. 74-8763, and amendments thereto;
(I) the state lottery for applicants for employment at the lottery as described in K.S.A. 74-8769, and amendments thereto;
(J) the governor and the senate for appointees to the Kansas racing and gaming commission as described in K.S.A. 74-8803, and amendments thereto;
(K) the governor and the senate for an appointee as executive director of the Kansas racing and gaming commission as described in K.S.A. 74-8805, and amendments thereto;
(L) the Kansas racing and gaming commission for employees who are animal health officers as described in K.S.A. 74-8806, and amendments thereto; and
(M) the governor and the senate for an appointee as executive director of the state gaming agency as described in K.S.A. 74-9804, and amendments thereto.
(c) The Kansas bureau of investigation may charge a reasonable fee for conducting a criminal history record check.
(d) 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.
History: L. 2024, ch. 15, ยง 3; July 1.