Ch. 76             1997 Session Laws of Kansas             293

Chapter 76


An Act concerning the criminal history record information on independent contractors;
amending K.S.A. 1996 Supp. 22-4710 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1996 Supp. 22-4710 is hereby amended to read as
follows: 22-4710. (a) It is unlawful for any employer or prospective em-
ployer 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.

294             1997 Session Laws of Kansas             Ch. 76

(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 pro-
vision 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 infor-
mation for purposes of determining the applicant's fitness for

(d) The director bureau may charge an employer a reasonable fee for
the preparation of a report detailing an applicant's 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 director bureau shall be immune from any and all claims or
causes of action arising from the release of criminal history record infor-
mation provided to an employer pursuant to a release signed by a job

(f) No employer shall be liable for any employment decision or de-
cision to enter into a contract with an independent contractor
based upon
knowledge of an applicant's or employee's such criminal history record
information, provided the information that led to the employment or
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.

Sec. 2. K.S.A. 1996 Supp. 22-4710 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 7, 1997.