Kansas Code of Criminal Procedure
K.S.A. Chapter 22 - Article 47
Criminal History Record Information
Current through end of 2024 legislative session
22-4701 Definitions.
22-4704 Rules and regulations.
22-4705 Reportable events; establishment of criminal justice information system central repository; reports; method of reporting.
22-4706 Agreements between central repository and criminal justice agencies.
22-4707 Restrictions on dissemination of criminal history record information; penalties.
22-4708 Disclosure of status of pending investigations and proceedings.
22-4709 Inspection of record information on individuals.
22-4710 Unlawful for employers to require certain acts; exceptions; penalties.
22-4711 Prior record information; rights and duties.
22-4713 Criminal justice employment, fingerprinting; use and disclosure of criminal history record information for employment; confidentiality; penalties for improper use or disclosure.
22-4714 Employment with governmental agency other than criminal justice agency; use of fingerprints and disclosure of criminal history record information by the agency for employment, licensure, certification or permit; confidentiality; penalties for improper use or disclosure.
22-4715 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.
As used in this act, unless the context clearly requires otherwise:
(a) "Central repository" means the criminal justice information system central repository created by this act and the juvenile offender information system created pursuant to K.S.A. 2015 Supp. 38-2326, and amendments thereto.
(b) "Criminal history record information" means all data initiated or collected by a criminal justice agency on a person pertaining to a reportable event and any supporting documentation. Criminal history record information does not include:
(1) Data contained in intelligence or investigatory files or police work-product records used solely for police investigation purposes;
(2) wanted posters, police blotter entries, court records of public judicial proceedings or published court opinions;
(3) data pertaining to violations of the traffic laws of the state or any other traffic law or ordinance, other than vehicular homicide;
(4) presentence investigation and other reports prepared for use by a court in the exercise of criminal jurisdiction or by the governor in the exercise of the power of pardon, reprieve or commutation; or
(5) information regarding the release, assignment to work release, or any other change in custody status of a person confined by the department of corrections or a jail.
(c) "Criminal justice agency" means any government agency or subdivision of any such agency which is authorized by law to exercise the power of arrest, detention, prosecution, adjudication, correctional supervision, rehabilitation or release of persons suspected, charged or convicted of a crime and which allocates a substantial portion of its annual budget to any of these functions. The term includes, but is not limited to, the following agencies, when exercising jurisdiction over criminal matters or criminal history record information:
(1) State, county, municipal and railroad police departments, sheriffs' offices and countywide law enforcement agencies, correctional facilities, jails and detention centers;
(2) the offices of the attorney general, county or district attorneys and any other office in which are located persons authorized by law to prosecute persons accused of criminal offenses;
(3) the district courts, the court of appeals, the supreme court, the municipal courts and the offices of the clerks of these courts;
(4) the Kansas sentencing commission; and
(5) the Kansas prisoner review board.
(d) "Criminal justice information system" means the equipment (including computer hardware and software), facilities, procedures, agreements and personnel used in the collection, processing, preservation and dissemination of criminal history record information and any electronically stored information from a state agency or municipality.
(e) ‘‘Electronically stored information’’ means any documents or writings, drawings, graphs, charts, photographs, sound recordings, images and other data or data compilations stored in any medium from which information can be obtained either directly or, if necessary, after translation from a state agency or municipality into a reasonably useable form.
(f) "Director" means the director of the Kansas bureau of investigation.
(g) "Disseminate" means to transmit criminal history record information in any oral or written form. The term does not include:
(1) The transmittal of such information within a criminal justice agency;
(2) the reporting of such information as required by this act; or
(3) the transmittal of such information between criminal justice agencies in order to permit the initiation of subsequent criminal justice proceedings against a person relating to the same offense.
(h) "Reportable event" means an event specified or provided for in K.S.A. 22-4705, and amendments thereto.
History: L. 1978, ch. 118, § 1; L. 1982, ch. 182, § 125; L. 1983, ch. 140, § 5; L. 1990, ch. 115, § 2; L. 1996, ch. 229, § 27; L. 1997, ch. 156, § 39; L. 2006 ch. 169, § 101; L. 2011, ch. 100, § 11; L. 2012, ch. 16, § 24; L. 2013, ch. 10, § 2; L. 2015, ch. 3, § 1; L. 2016, ch. 31, § 1; July 1.
22-4704. Rules and regulations.
(a) In accordance with the provisions of K.S.A. 77-415 et seq., and amendments thereto, the director shall adopt appropriate rules and regulations for agencies in the executive branch of government and for criminal justice agencies other than those that are part of the judicial branch of government to implement the provisions of this act.
(b) The director shall develop procedures to permit and encourage the transfer of criminal history record information among and between courts and affected agencies in the executive branch, and especially between courts and the central repository.
(c) The rules and regulations adopted by the director shall include those:
(1) Governing the collection, reporting, and dissemination of criminal history record information by criminal justice agencies;
(2) necessary to insure the security of all criminal history record information reported, collected and disseminated by and through the criminal justice information system;
(3) necessary for the coordination of all criminal justice data and information processing activities as they relate to criminal history record information;
(4) governing the dissemination of criminal history record information;
(5) governing the procedures for inspection and challenging of criminal history record information;
(6) governing the auditing of criminal justice agencies to insure that criminal history record information is accurate and complete and that it is collected, reported, and disseminated in accordance with this act;
(7) governing the development and content of agreements between the central repository and criminal justice and noncriminal justice agencies; and
(8) governing the exercise of the rights of inspection and challenge provided in this act.
(d) The rules and regulations adopted by the director shall not include any provision that allows the charging of a fee for information requests for the purpose of participating in a block parent program, including but not limited to, the McGruff house program.
(e) Rules and regulations adopted by the director may not be inconsistent with the provisions of this act.
(f) On or before July 1, 2014, the director shall adopt rules and regulations requiring district courts to electronically report all case filings and dispositions for violations of K.S.A. 8-1567 or K.S.A. 2017 Supp. 21-5426, 21-6419, 21-6420, 21-6421 or 21-6422, and amendments thereto, to the central repository.
History: L. 1978, ch. 118, § 4; L. 1979, ch. 102, § 1; L. 1993, ch. 208, § 1; L. 2011, ch. 105, § 27, L. 2012, ch. 172, § 35; L. 2103, ch. 10, § 3; L. 2018, ch. 106, § 32; July 1.
22-4705. Reportable events; establishment of criminal justice information system central repository; reports; method of reporting.
(a) The following events are reportable events under this act:
(1) Issuance of an arrest warrant;
(2) an arrest;
(3) release of a person after arrest without the filing of a charge;
(4) the filing of a charge;
(5) dismissal or quashing of an indictment or criminal information;
(6) an acquittal, conviction or other disposition at or following trial, including a finding of probation before judgment;
(7) imposition of a sentence;
(8) commitment to a correctional facility, whether state or locally operated;
(9) release from detention or confinement;
(10) an escape from confinement;
(11) a pardon, reprieve, commutation of sentence or other change in a sentence, including a change ordered by a court;
(12) judgment of an appellate court that modifies or reverses the lower court decision;
(13) order of a court in a collateral proceeding that affects a per-son’s conviction, sentence or confinement, including any expungement or annulment of arrests or convictions pursuant to state statute; and
(14) any other event arising out of or occurring during the course of criminal justice proceedings declared to be reportable by rule or regulation of the director.
(b) There is hereby established a criminal justice information system central repository for the collection, storage, and dissemination of criminal history record information and any electronically stored information from a state agency or municipality. The central repository shall be operated by the Kansas bureau of investigation under the administrative control of the director.
(c) The Kansas bureau of investigation may enter into an agreement with any state agency or municipality to allow for the sharing and authentication of any electronically stored information held by the state agency or municipality, in whole or in part, to the central repository.
(d) Except as otherwise provided by this subsection, every criminal justice agency shall report criminal history record information, whether collected manually or by means of an automated system, to the central repository, in accordance with rules and regulations adopted pursuant to this act. A criminal justice agency shall report to the central repository those reportable events involving a violation of a county resolution or city ordinance only when required by rules and regulations adopted by the director.
(e) Reporting methods may include:
(1) Submittal of criminal history record information by a criminal justice agency directly to the central repository;
(2) if the information can readily be collected and reported through the court system, submittal to the central repository by the administrative office of the courts;
(3) if the information can readily be collected and reported through criminal justice agencies that are part of a geographically based information system, submittal to the central repository by the agencies; or
(4) any transfer of electronically stored information by a state agency or municipality to the central repository.
(f) Nothing in this section shall prevent a criminal justice agency from maintaining more detailed information than is required to be reported to the central repository. However, the dissemination of that criminal history record information is governed by the provisions of this act.
(g) The director may determine, by rule and regulation, the reportable events to be reported by each criminal justice agency, in order to avoid duplication in reporting.
(h) Except as otherwise provided in this subsection, no court or criminal justice agency may assess fees or charges against the central repository for providing criminal history record information created prior to, on or after July 1, 2011. A court or criminal justice agency may assess a fee or charge against the central repository for providing criminal history record information if such court or criminal justice agency has previously provided such criminal history record information as required by law.
History: L. 1978, ch. 118, § 5; L. 1982, ch. 151, § 1; L. 2011, ch. 100, § 12; L.2011, ch. 105, § 28, L. 2012, ch. 166, § 6; L. 2016, ch. 31 § 2; July 1.
22-4706. Agreements between central repository and criminal justice agencies.
The director, pursuant to the rules and regulations adopted, shall develop agreements between the central repository and criminal justice agencies pertaining to:
(a) The method by which the agency will report information, including the method of identifying an offender in a manner that permits other criminal justice agencies to locate the offender at any stage in the criminal justice system, the time of reporting, the specific data to be reported by the agency, and the place of reporting;
(b) the services to be provided to the agency by the central repository;
(c) the conditions and limitations upon the dissemination of criminal history record information by the agency;
(d) the maintenance of security in all transactions between the central repository and the agency;
(e) the method of complying with the right of a person to inspect, challenge, and correct criminal history record information maintained by the agency;
(f) audit requirements to ensure the accuracy of all information reported or disseminated;
(g) the timetable for the implementation of the agreement;
(h) sanctions for failure of the agency to comply with any of the provisions of this act, including the revocation of any agreement between the agency and the central repository and appropriate judicial or administrative proceedings to enforce compliance; and
(i) other provisions that the director may deem necessary.
History: L. 1978, ch. 118, § 6; March 1.
22-4707. Restrictions on dissemination of criminal history record information; penalties.
(a) A criminal justice agency and the central repository may not disseminate criminal history record information except in strict accordance with laws including applicable rules and regulations adopted pursuant to this act. A criminal justice agency may not request such information from the central repository or another criminal justice agency unless it has a legitimate need for the information.
(b) Noncriminal justice persons and agencies may receive criminal history record information for such purposes and under such conditions as may be authorized by law, including rules and regulations adopted pursuant to this act.
(c) In addition to any other remedy or penalty authorized by law, any individual violating or causing a violation of the provisions of this section shall be deemed guilty of a class A nonperson misdemeanor. If the person is employed or licensed by a state or local government agency, a conviction shall constitute good cause to terminate employment or to revoke or suspend a license.
History: L. 1978, ch. 118, § 7; L. 1995, ch. 251, § 18; July 1.
22-4708. Disclosure of status of pending investigations and proceedings.
Notwithstanding the provisions of the preceding section, a criminal justice agency may disclose the status of a pending investigation of a named person, or the status of a pending proceeding in the criminal justice system, if the request for information is reasonably contemporaneous with the event to which the information relates and the disclosure is otherwise appropriate.
History: L. 1978, ch. 118, § 8; March 1.
22-4709. Inspection of record information on individuals.
(a) Subject to the provisions of this act and rules and regulations adopted pursuant thereto, any person may inspect and challenge criminal history record information maintained by a criminal justice agency concerning themselves. A person's attorney may inspect such information if such attorney satisfactorily establishes his or her identity and presents a written authorization from his or her client.
(b) Nothing in this section requires a criminal justice agency to make a copy of any information or allows a person to remove any document for the purpose of making a copy of it. A person having the right of inspection may make notes of the information.
History: L. 1978, ch. 118, § 9; March 1.
22-4710. Unlawful for employers to require certain acts; exceptions; penalties.
(a) It is unlawful for any employer or prospective employer to require a person to inspect or challenge any criminal history record information relating to that person for the purpose of obtaining a copy of the person's record in order to qualify for employment.
(b) Any person violating the provisions of this section shall be deemed guilty of a class A misdemeanor.
(c) Notwithstanding the provisions of subsection (a) or any other provision of this act, an employer may require a job applicant or a prospective independent contractor to sign a release allowing the employer to access the applicant's or independent contractor's criminal history record information for purposes of determining the applicant's fitness for employment.
(d) The bureau may charge an employer a reasonable fee for the preparation of a report detailing such criminal history record information, and pursuant to rules and regulations may establish a fee schedule or charge varying rates depending upon the quantity of information provided.
(e) The bureau shall be immune from any and all claims or causes of action arising from the release of criminal history record information provided to an employer pursuant to a release signed by a job applicant.
(f) No employer shall be liable for any employment decision or decision to enter into a contract with an independent contractor based upon knowledge of such criminal history record information, provided the information that led to the employment or contracting decision reasonably bears upon the independent contractor's, applicant's or employee's trustworthiness, or the safety or well-being of the employer's employees or customers.
History: L. 1978, ch. 118, § 10; L. 1996, ch. 232, § 1; L. 1997, ch. 76, § 1; July 1.
22-4711. Prior record information; rights and duties.
Criminal history record information which was recorded prior to the effective date of this act is subject to the right of access and challenge in accordance with this act. However, the duty of a criminal justice agency is to make a reasonable search for such information. There is no duty to provide access to criminal history record information that cannot be located after a reasonable search.
History: L. 1978, ch. 118, § 11; March 1.
22-4713. Criminal justice employment, fingerprinting; use and disclosure of criminal history record information for employment; confidentiality; penalties for improper use or disclosure.
(a) A criminal justice agency as defined in K.S.A. 22-4701, and amendments thereto, shall require an applicant for criminal justice employment 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 employed or to maintain employment.
(b) 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:
(1) A city clerk for the position of chief of police as described in K.S.A. 12-1,120, and amendments thereto;
(2) a county election officer for a candidate for sheriff as described in K.S.A. 19-826, and amendments thereto;
(3) the governor for an appointment to the position of Kansas highway patrol superintendent as described in K.S.A. 74-2113, and amendments thereto; and
(4) a state, county, city, university, railroad, tribal, horsethief reservoir benefit district or school law enforcement agency for the purpose of admitting applicants as defined in K.S.A. 74-5602, and amendments thereto, in connection with such application as described in K.S.A. 74-5605, and amendments thereto.
(c) In addition to the disclosure in subsection (b), the Kansas bureau of investigation shall certify any adult conviction record, if such record is found, of a chief of police or candidate for sheriff to the Kansas attorney general.
(d) (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.
History: L. 2024, ch. 15, § 1; July 1.
22-4714. Employment with governmental agency other than criminal justice agency; use of fingerprints and disclosure of criminal history record information by the agency for employment, licensure, certification or permit; confidentiality; penalties for improper use or disclosure.
(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 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:
(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.
(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 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;
(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. 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 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 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.
History: L. 2024, ch. 15, § 2; July 1.
22-4715. 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, § 3; July 1.