An Act concerning implementation of tribal-state gaming compacts; relating to investigation of qualifications of certain employees and licensees.

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

Section 1. (a) A tribal gaming agency and the state gaming agency may receive from the Kansas bureau of investigation or other criminal justice agencies such criminal history record information (including arrest and nonconviction data), criminal intelligence information and informa- tion relating to criminal and background investigations as necessary for the purpose of determining qualifications of employees of the state gam- ing agency or applicants for employment by the state gaming agency or qualifications of the following, or applicants for the following, under a tribal-state gaming compact: Employees of a tribal gaming agency, gam- ing employees, key employees, manufacturer-distributors, management contractors, primary management officials, or standard gaming employ- ees. Upon the written request of the chief administrative officer of a tribal gaming agency or of the state gaming agency, the tribal gaming agency or state gaming agency may receive from the district courts such infor- mation relating to juvenile proceedings as necessary for the purpose of determining such qualifications. Information received pursuant to this subsection, other than conviction data, shall be confidential and shall not be disclosed except to members and employees of the state gaming agency or members and employees of a tribal gaming agency as necessary to determine such qualifications. Any other disclosure of such confidential information is a class A misdemeanor and shall constitute grounds for removal from office or termination of employment.

(b) The state gaming agency, in accordance with K.S.A. 75-4319 and amendments thereto, may recess for a closed or executive meeting to receive and discuss information received by the state gaming agency pur- suant to subsection (a).

Sec. 2. The state gaming agency shall require fingerprinting of per- sons for the purpose of determining their qualifications to be employees of the state gaming agency or their qualifications to be employees of a tribal gaming agency, gaming employees, key employees, manufacturer- distributors, management contractors, primary management officials or standard gaming employees under a tribal-state gaming compact. The state gaming agency shall submit such fingerprints to the Kansas bureau of investigation and to the federal bureau of investigation for the purposes of verifying the identity of such persons and obtaining criminal history record information (including arrest and nonconviction data), criminal intelligence information and information relating to criminal and back- ground investigations.

Sec. 3. A tribal gaming agency, the Kansas bureau of investigation or the state gaming agency may enter into agreements with the federal bu- reau of investigation, the federal internal revenue service, the Kansas attorney general or any state, federal or local agency as necessary to carry out the duties of the tribal gaming agency, the Kansas bureau of inves- tigation or the state gaming agency under a tribal-state gaming compact. Any consideration paid by the state gaming agency or the Kansas bureau of investigation for the purpose of entering into or carrying out any agree- ment shall be considered an administrative expense of the state gaming agency and shall be assessed in accordance with the applicable tribal-state gaming compact. When such agreements are entered into for responsi- bilities relating to licensing, as set forth in a tribal-state gaming compact, the tribal gaming agency may provide by rules and regulations for the licensees to pay the costs incurred.

Sec. 4. This act shall take effect and be in force from and after its publication in the Kansas register.

Approved February 19, 1996.

Published in the Kansas Register: February 22, 1996.