SB 136--Am. by SCW
[As Amended by Senate Committee of the Whole]
Session of 1997
By Committee on Commerce

10 AN ACT concerning the criminal history record information on inde- 11 pendent contractors; amending K.S.A. 1996 Supp. 22-4710 and re- 12 pealing the existing section. 13 14 Be it enacted by the Legislature of the State of Kansas: 15 Section 1. K.S.A. 1996 Supp. 22-4710 is hereby amended to read as 16 follows: 22-4710. (a) It is unlawful for any employer or prospective em- 17 ployer to require a person to inspect or challenge any criminal history 18 record information relating to that person for the purpose of obtaining a 19 copy of the person's record in order to qualify for employment. 20 (b) Any person violating the provisions of this section shall be deemed 21 guilty of a class A misdemeanor. 22 (c) Notwithstanding the provisions of subsection (a) or any other pro- 23 vision of this act, an employer may require a job applicant or a prospective 24 independent contractor to sign a release allowing the employer to access 25 the applicant's or independent contractor's criminal history record infor- 26 mation for purposes of determining the applicant's fitness for employ- 27 ment. 28 (d) The director [Bureau] may charge an employer a reasonable fee 29 for the preparation of a report detailing an applicant's such criminal his- 30 tory record information, and pursuant to rules and regulations may es- 31 tablish a fee schedule or charge varying rates depending upon the quantity 32 of information provided. 33 (e) The director [Bureau] shall be immune from any and all claims 34 or causes of action arising from the release of criminal history record 35 information provided to an employer pursuant to a release signed by a 36 job applicant. 37 (f) No employer shall be liable for any employment decision or de- 38 cision to enter into a contract with an independent contractor based upon 39 knowledge of an applicant's or employee's such criminal history record 40 information, provided the information that led to the employment or 41 contracting decision reasonably bears upon the independent contractor's, 42 applicant's or employee's trustworthiness, or the safety or well-being of 43 the employer's employees or customers. SB 136--Am. by SCW

 1    Sec. 2.  K.S.A. 1996 Supp. 22-4710 is hereby repealed.
 2    Sec. 3.  This act shall take effect and be in force from and after its
 3  publication in the statute book.