Brief ⁽¹⁾

Senate Sub. for HB 2154 amends the law concerning the employment of persons by adult care homes and home health agencies, concerning procedures regarding the location of certain state corrections facilities within a local government, and concerning the establishment of domestic violence fees and a fund for such programs in judicial districts.

The bill provides that the Secretary of Corrections shall provide information to the local government of a community regarding site selection considerations, alternative sites which have been identified, and site preferences any time the Department seeks to establish, either directly or indirectly, a new residential facility or a new day reporting center in that community. If the local government objects to the site alternatives identified by the Department, the local government shall actively assist the Department in identifying a suitable location for the residential facility or day reporting center within the community, giving due consideration to the site selection criteria established by the Department. In making a final determination regarding the location of the residential facility or day reporting center, the Secretary shall consider the views of the local government and affected members of the public. "Local government" includes any city, county, or other taxing subdivision having general governance authority.

In regard to adult care homes and home health agencies, the bill adds 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.

The House Committee amendments clarify that criminal history record information accessed by the Secretary and reported to providers includes not just felony convictions and adjudications of a juvenile offender which, if committed by an adult, would have been a felony conviction of the crimes enumerated, but of the enumerated misdemeanors as well. Also, a provision was struck from the bill which would have allowed providers to be deemed in compliance with the employment requirements of the law if met by using the same or better criminal history record information obtained by a private contractor.

The Senate Committee added the Department of Corrections amendment contained in SB 354, added misdemeanor theft to the adult care home and home health agency provisions, and made other technical amendments.

The Senate Committee of the Whole amendment adds provisions of SB 341 authorizing the creation of a domestic violence special program fund, the imposition of a domestic violence fee against defendants, and the expenditure of these moneys for local domestic violence programs.

Background

HB 2154 is supported by the Kansas Association of Homes and Services for the Aging, Kansas Advocates for Better Care, and AARP in Kansas whose representatives explained that the bill protects vulnerable Kansans by providing adult care home and home health agency operators with more complete and timely criminal history record information. The bill as amended is intended to address the flaw in 2000 HB 2700 passed by the Legislature, but, which caused the Governor to veto the measure.

The Senate Committee amendment regarding the Department of Corrections facility site selection procedure is contained in SB 354 and was suggested by Senator Schodorf. The Senate Committee of the Whole amendment was contained in SB 341.

The fiscal note prepared by the Division of the Budget indicates passage of the bill would have a cost to the Juvenile Justice Authority of $30,000 to $50,000 per year. The cost reported for the Department of Health and Environment would be $69,080. The Kansas Bureau of Investigation had not responded to the request for information at the time the fiscal note was prepared.

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/fulltext.cgi