Kansas 2023-2024 Regular Session

Kansas Senate Bill SB189

Introduced
2/7/23  
Refer
2/8/23  
Report Pass
2/15/23  
Engrossed
2/22/23  
Refer
2/22/23  
Report Pass
3/21/23  
Enrolled
4/24/23  

Caption

Authorizing state and local law enforcement agencies to receive files and information about an applicant from other agencies that received an application for employment from the applicant or conducted an employment background investigation on the applicant.

Impact

If enacted, this bill would amend existing state law, specifically K.S.A. 75-4379, which regulates the sharing of employment-related information among law enforcement agencies. By standardizing the process where hiring agencies can obtain crucial information regarding past applicants, the bill aims to increase the quality and reliability of law enforcement personnel while promoting public safety through more informed hiring decisions. Moreover, it addresses potential gaps in the background checks that could lead to the hiring of unqualified individuals.

Summary

SB189 is a legislative measure that authorizes state and local law enforcement agencies to access the files and information regarding applicants for law enforcement officer positions from other agencies. This process includes obtaining consent from the applicant through a written waiver, which provides authorization for disclosing the applicant’s previous employment records and background investigations. The intent of this bill is to streamline the hiring process and enhance the vetting of potential law enforcement officers by ensuring that prior performance and conduct are adequately reviewed.

Sentiment

Overall, the sentiment surrounding SB189 appears to be supportive among lawmakers who prioritize thorough policing standards and accountability in hiring practices. Proponents argue that the bill is essential for public safety, citing that more robust background checks can prevent the hiring of individuals with questionable histories. However, there are also concerns raised regarding privacy and the implications of sharing personnel files, which could be viewed as an invasion of privacy for applicants.

Contention

Despite broad support, notable points of contention include the potential for misuse of disclosed files and the impact on applicants who may have previously worked under legally restrictive agreements or in agencies with nondisclosure agreements. Critics worry that these practices might discourage qualified candidates who fear their previous employment evaluations could unfairly tarnish their job prospects. Additionally, provisions that allow agencies to redact personally identifiable information raise questions about the transparency of the hiring process, suggesting a need for careful balance between privacy rights and community safety.

Companion Bills

No companion bills found.

Previously Filed As

KS HB2261

In law enforcement background investigations and employment information, providing for additional employment history for certain Federal immigration enforcement applicants.

KS SF155

A bill for an act prohibiting employers and employment agencies from seeking the criminal record or criminal history from applicants for employment under certain circumstances, establishing a criminal history employment application task force, providing penalties, and including effective date provisions.

KS SB134

Authorizing school districts to request and receive an applicant teacher’s employment files from another school district if such teacher was previously employed by such other school district and establishing which school district is responsible for and the custodian of teacher employment files that are records under the Kansas open records act.

KS HB2870

Law enforcement agencies; applicants; summary

KS A2044

Prohibits law enforcement agencies from hiring officer applicants removed from office by former agency for police misconduct.

KS SB143

Prohibit employment application question re: criminal background

KS H3224

Criminal convictions on employment applications

KS HB502

Nonbinary sex or gender; all forms or applications to offer any applicant the option to designate.

KS A2147

Requires disclosure by applicants for State employment of previous or ongoing criminal investigations.

KS SB492

Requiring law enforcement agencies to share records with other law enforcement agencies about law enforcement officers related to criminal conduct or conduct giving rise to licensing or certification sanctions.

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