SESSION OF 2019
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2360
As Amended by House Committee on Children
and Seniors

Brief*
HB 2360, as amended, would authorize qualified
entities, as defined by the bill, to require state and national
criminal history record checks of providers, both employees
and volunteers, who have supervised and unsupervised
access to children, the elderly, or individuals with disabilities
to determine whether that individual has the qualifications and
fitness to be permitted to serve as a provider. The bill would
allow qualified entities to request the Kansas Bureau of
Investigation (KBI) conduct the state and national criminal
history record checks. The bill would outline the information
required to be provided with a request for a state and national
criminal history check. The bill would require local and state
law enforcement officers and agencies to assist a qualified
entity in taking and processing a person’s fingerprints for
such criminal history record checks.
The bill would require the KBI to release all records of a
person’s adult convictions and diversions to the qualified
entity that submitted the request for the criminal history
record checks. The bill would also require a qualified entity to
be solely responsible for making any determination that a
person’s criminal history record shows the person has been
convicted of a crime that bears upon the person’s fitness to
serve as a provider. The bill would clarify the KBI would not
be required to make such a determination of fitness on behalf
of any qualified entity.

____________________
*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.kslegislature.org
 The bill would be in effect upon publication in the
Kansas Register.

Definitions
The bill would define the following terms:
● “Provider” would mean a person who:
○ Is employed by any qualified entity and has,
seeks to have, or may have supervised or
unsupervised access to children, the elderly,
or individuals with disabilities to whom the
qualified entity provides care;
○ Is a volunteer of a qualified entity and has,
seeks to have, or may have supervised or
unsupervised access to children, the elderly,
or individuals with disabilities to whom the
qualified entity provides care; or
○ Owns, operates, or seeks to own or operate a
qualified entity; and
● “Qualified entity” would mean a business or
organization that provides care to children, the
elderly, or individuals with disabilities that is private,
for profit, not-for-profit, or voluntary, except such
businesses or organizations that are subject to the
provisions of KSA 2018 Supp. 39-970 [adult care
homes, which includes any nursing facility, nursing
facility for mental health, intermediate care facility
for people with intellectual disabilities, assisted
living facilities, residential health care facilities,
home plus, boarding care homes, or adult day care
facilities], 39-2009 [center, facility, hospital, or
provider of services] or 75-53,105 [employment or
participation in any program administered by the
Secretary for Children and Families or the
Secretary for Aging and Disability Services for the
placement, safety, protection or treatment of

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 vulnerable children or adults], or KSA 65-516 [child
care facilities] or 65-5117 [home health agencies].
Documentation Required for Submission with Request
for Criminal History Record Check
The bill would require a qualified entity to submit the
following when requesting a state and national criminal
history record check:
● The person’s fingerprints; and
● A copy of a completed and signed statement
furnished by the qualified entity that includes:
○ A waiver allowing the qualified entity to
request and receive a criminal history record
check to be used in determining the person’s
qualification and fitness to serve as a
provider;
○ The name, address, and date of birth of the
person as it appears on a valid identification
document;
○ A disclosure of whether the person has ever
been convicted of or is the subject of pending
charges for a criminal offense and, if
convicted, a description of the crime and the
result of the conviction; and
○ A notice to the person that he or she is
entitled to obtain a copy of the criminal history
record check to challenge the accuracy and
completeness of any information contained in
such report before any final determination is
made by the qualified entity.


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Background
The bill was introduced by the House Committee on
Children and Seniors at the request of a representative of the
KBI. In the House Committee hearing, representatives of
Court Appointed Special Advocates, Jobs for America’s
Graduates, KBI, Kansas Council on Developmental
Disabilities, and the Office of Judicial Administration testified
in favor of the bill. The KBI representative stated the federal
Child Protection Improvements Act (CPIA), enacted in March
2018, amended the National Child Protection Act/Volunteers
for Children Act to require states to have procedures,
established by statute or regulation, that require qualified
entities to contact an agency authorized by the state and
request the background check. The KBI representative
stated, beginning in March 2019, absent state legislation, the
KBI will no longer be able to perform state and national
criminal history record checks for the non-governmental
businesses and organizations for which it currently provides
these services. The KBI representative noted the CPIA allows
qualified entities to submit fingerprints directly to the Federal
Bureau of Investigation (FBI) through an entity designated by
the U.S. Attorney General, which first requires the FBI and
the U.S. Department of Justice to establish a CPIA Program;
however, to date, the KBI has not received any information to
suggest a CPIA Program has been established nor a
designated entity identified. The other proponents generally
stated their need for the KBI to continue to provide the state
and national criminal background checks on which their
organizations rely to continue their programs. Written-only
proponent testimony was provided by a representative of The
Center of Wichita.
Neutral testimony was provided by a representative of
LeadingAge Kansas, who requested the bill be amended to
include an exemption for licensed adult care homes, home
health agencies, and disability service providers to avoid two
competing and contradictory background check statutes.
Written-only neutral testimony was provided by a

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representative of the Kansas Health Care Association and the
Kansas Center for Assisted Living.
No opponent testimony was provided.
The Senate Committee amended the bill to include
supervised employees and volunteers in the definition of a
provider, exclude additional businesses and organizations
from the definition of a qualified entity, and make a technical
amendment.
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, the KBI, Kansas
Department for Aging and Disability Services, Kansas
Department of Health and Environment, and the Kansas
Department for Children and Families indicate enactment of
the bill would have no fiscal effect. The League of Kansas
Municipalities indicates cities would incur costs of $30 to $50
for fingerprinting fees for each individual affected, but it is
unable to estimate a fiscal effect. Any fiscal effect associated
with the bill is not reflected in The FY 2020 Governor’s
Budget Report.


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