As Amended by Senate Committee on

Federal and State Affairs


Sub. for H.B. 2972 would amend existing law regarding background checks of employees of adult care homes and home health agencies. Specifically, the bill would prohibit operation of an adult care home or home health agency , after June 30, 1998, if the home or agency employs any person described below.

The bill would authorize adult care home and home health agency operators who have obtained background check information about a job applicant to release a copy of that information to the operator of another home or agency where the person is applying for a job if the background check was done within a year of the person applying for the second job.

The bill also would amend the Lottery Act regarding certain background checks.

The Chairperson of the Lottery Commission would be authorized to request and receive all background investigation information on potential Lottery vendors. The information obtained by the Chairperson, except information about convictions, would be confidential and could not be disclosed. The bill would provide that disclosure of the confidential background investigation information would be grounds for removal from office or termination of employment, in addition to any other penalty provided in other statutes.

Vendors under the Lottery Act are those entities with which the Lottery contracts to obtain goods and services that are used by the Lottery, but not by other state agencies. Under existing law, the Executive Director of the Lottery is required to conduct a background investigation of any potential vendor prior to awarding a contract. The background investigation requirement covers all of the vendor's officers and directors, owners of 5 percent or more of the vendor, and subsidiaries or other businesses in which the vendor owns a controlling interest. In addition, the Director may investigate anyone having a beneficial interest in a vendor.

The bill also would amend the Lottery Act to authorize the Governor to set the compensation of Lottery Commissioners. Under existing law, commissioners are compensated at the statutory rate of $35 per day for meetings, plus mileage and subsistence allowance at the statutory rate. The amendment would not change the provisions regarding mileage and subsistence.


Provisions included by the House Committee on Federal and State Affairs in the substitute bill were supported by Representative Toelkes and Representative Kirk and a representative of the Department of Health and Environment. Amendment of the existing law, which was enacted by the 1997 Legislature, was sought to eliminate apparently conflicting policy within the law and potential staffing problems for adult care homes.

The House Committee of the Whole amendments were technical in nature.

The Senate Committee on Federal and State Affairs received testimony in support of the bill from Representatives Kirk and Toelkes, the Kansas Association of Homes and Services for the Aging, and the Department of Health and Environment. A representative of the Kansas Home Care Association opposed making the same provisions applicable to home health agencies.

The Senate Committee amended the bill to include provisions regarding background checks of lottery vendors.

The fiscal note prepared by the Division of the Budget for the introduced version of the bill addresses costs associated with provisions that are not included in the substitute bill, and to that extent may not be relevant.

KDHE presented testimony to the Senate Committee on Federal and State Affairs stating that enactment of the bill would have no fiscal impact on the agency.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at