Brief ⁽¹⁾

Senate Sub. for HB 2067 amends the law concerning the employment of persons by adult care homes and home health agencies by adding an attempt to commit, conspiracy to commit, and criminal solicitation to commit to the list of crimes for which conviction would bar a person from employment by an adult care home or home health agency.

Additionally, the Secretary of Health and Environment's authorization to access criminal history record information in the possession of the Kansas Bureau of Investigation is limited to the information specifically needed, i.e., any felony, misdemeanor sexual battery, misdemeanor theft, and mistreatment of a dependent adult. Upon the request of an operator of an adult care home or home health agency for the criminal history record information on an applicant for employment, the Secretary must provide the information within three business days after receipt of a report on the applicant from the Kansas Bureau of Investigation. The Secretary is to report to the provider requesting information regardless of whether a criminal history was found or not or when further confirmation regarding criminal history record information is required from a Kansas court or the Kansas Department of Corrections.

Background

The Senate Committee of the Whole amended in provisions of HB 2154 related to criminal background checks for persons seeking employment with adult care homes and home health agencies and struck the provisions of the bill as it passed the House.

HB 2067, as it passed the House, amended current law which makes it a crime to injure or kill a police or arson dog by adding "search and rescue dog" to the existing statute. "Search and rescue dog" is defined to mean a dog used by a law enforcement or emergency response agency for the purpose of locating persons missing in disasters or other times of need. Violation of the statute is a class A nonperson misdemeanor.

The House Committee of the Whole amended the bill to add a criminal provision regarding the unlawful conduct of cockfighting. Unlawful conduct of cockfighting would be a severity level 10, nonperson felony. Attending the unlawful conduct of cockfighting would be a class A nonperson misdemeanor.

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 http://www.ink.org/public/legislative/bill_search.html