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AN ACT relating to employment. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS 335B.010 TO 335B.070 IS 3
CREATED TO READ AS FOLLOWS: 4
(1) A hiring or licensing authority shall establish and implement an application 5
process in which an individual applying for a position of public employment, or 6
an occupation for which a professional license is required, may submit his or her 7
application, and have that application considered by the authority before 8
pursuing any training or specialized education that is required for the position of 9
public employment or occupation. The application process shall require the 10
hiring or licensing authority to make the following information public: 11
(a) That the application process may include a background check by the 12
Kentucky State Police, and may require the applicant to submit to 13
fingerprinting; 14
(b) That a criminal conviction may disqualify an applicant from obtaining a 15
position of public employment or an occupational license; and 16
(c) That the applicant shall submit the information described in subsection (2) 17
Section 2 of this Act to the hiring or licensing authority within a time period 18
determined by the authority of not less than fourteen (14) business days nor 19
more than thirty (30) business days from the date of application. 20
(2) A hiring or licensing authority shall provide the public notice as described in 21
subsection (1) of this section: 22
(a) To all applicants within fourteen (14) days of application; 23
(b) To all prospective applicants by providing all educational institutions that 24
provide education and training in the areas of study requiring an 25
occupational license to practice; and; 26
(c) By placing it on its website. 27 UNOFFICIAL COPY 24 RS BR 467
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(3) A hiring or licensing authority shall, no later than January 1, 2025: 1
(a) Formulate policies and procedures as necessary to carry out the provisions 2
of subsections (1) and (2) of this section; 3
(b) Promulgate administrative regulations in accordance with KRS Chapter 4
13A related to subsections (1) and (2) of this section; and 5
(c) Provide the Interim Joint Committee on Licensing, Occupations, and 6
Administrative Regulations a report by November 1, 2025 to confirm that an 7
application process as described in subsections (1) and (2) of this section 8
has been established and is being utilized. 9
Section 2. KRS 335B.020 is amended to read as follows: 10
(1) No person shall be disqualified from public employment, nor shall a person be 11
disqualified from pursuing, practicing, or engaging in any occupation for which a 12
license is required solely because of a prior conviction of a crime, unless the crime 13
for which convicted directly relates to the position of employment sought or the 14
occupation for which the license is sought. 15
(2) In determining if a conviction directly relates to the position of public employment 16
sought or the occupation for which the license is sought, the hiring or licensing 17
authority shall consider: 18
(a) The nature and seriousness of the crime for which the individual was 19
convicted and the passage of time since its commission; 20
(b) The relationship of the crime to the purposes of regulating the position of 21
public employment sought or the occupation for which the license is sought; 22
(c) The relationship of the crime to the ability, capacity, and fitness required to 23
perform the duties and discharge the responsibilities of the position of 24
employment or occupation; 25
(d) The individual's criminal history; 26
(e) The age of the individual when the offense was committed; 27 UNOFFICIAL COPY 24 RS BR 467
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(f) A certificate of completion or proof of active participation in a conduct 1
rehabilitation program; 2
(g) A certificate of completion or proof of active participation in a substance 3
abuse program; 4
(h) A certificate of completion or proof of active participation in an educational 5
program; 6
(i) Employment history; 7
(j) Current family responsibilities; 8
(k) Supportive character references and recommendations; and 9
(l) Bonding requirements for the occupation for which the license is sought. 10
Section 3. KRS 335B.030 is amended to read as follows: 11
(1) [(a) ]Upon receiving an application for a position of public employment or an 12
occupational license from an individual convicted of a crime,[If] a hiring or 13
licensing authority shall[denies an individual a position of public employment 14
solely because of the individual's prior conviction of a crime, the hiring or licensing 15
authority shall notify the individual in writing of the following]: 16
(a)[1.] Request the individual submit the information listed in subsection (2) 17
of Section 2 of this Act to the hiring or licensing authority as required in 18
subsection (1)(c) of Section 1 of this Act[The grounds and reasons for the 19
denial or disqualification]; 20
(b)[2]. Afford the individual an opportunity for an in-person, telephone, or 21
video hearing[That the individual has the right to a hearing conducted in 22
accordance with KRS Chapter 13B, if written request for hearing is made 23
within ten (10) days after service of notice]; and 24
(c)[3.] Evaluate the applicant's testimony and the evidence of items listed in 25
subsection (2) of Section 2 of this Act, and determine if the conviction 26
directly relates to the position of public employment sought or the 27 UNOFFICIAL COPY 24 RS BR 467
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occupation for which the license is sought[The earliest date the person may 1
reapply for a position of public employment or a license; and 2
4. That evidence of rehabilitation may be considered upon reapplication. 3
(b) Any party aggrieved by a final order issued by a hiring or licensing authority 4
after a hearing under this subsection may appeal to Franklin Circuit Court in 5
accordance with KRS Chapter 13B]. 6
(2) (a) If, after evaluating the evidence as described in subsection (1)(c) of this 7
section[Except as provided in paragraph (b) of this subsection, a hiring or 8
licensing authority shall not disqualify an individual from pursuing, 9
practicing, or engaging in any occupation for which a license is required 10
solely because of the individual's prior conviction of a crime, unless the 11
authority provides the individual with a written notice that the authority has 12
determined that the prior conviction may disqualify the person, demonstrates 13
the connection between the prior conviction and the license being sought, and 14
affords the individual an opportunity to be personally heard before the board 15
prior to the board making a decision on whether to disqualify the individual. If 16
the license is denied after the person was heard], the hiring or licensing 17
authority denies[shall notify] the individual a position of public employment 18
or a license solely because of the individual's prior conviction of a crime, 19
the hiring or licensing authority shall provide the individual with written 20
findings of fact[in writing] of the following: 21
1. The grounds and reasons for the denial or disqualification, citing facts 22
as they relate to specific items of consideration in subsection (2) of 23
Section 2 of this Act; 24
2. That the individual has the right to a hearing conducted in accordance 25
with KRS Chapter 13B, if a written request for hearing is made within 26
thirty[ten] (30)[(10)] days after service of written findings of 27 UNOFFICIAL COPY 24 RS BR 467
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fact[notice]; 1
3. The earliest date the person may reapply for a license; and 2
4. That new or previously submitted evidence of rehabilitation may be 3
considered upon reapplication. 4
[(b) If an individual's prior conviction was for a Class A felony, a Class B felony, 5
or any felony offense that would qualify the individual as a registrant pursuant 6
to KRS 17.500, there shall be a rebuttable presumption that a connection 7
exists between the prior conviction and the license being sought.] 8
(b)[(c)] Any party aggrieved by a final order issued by a hiring or licensing 9
authority after a hearing under this subsection may appeal to Franklin Circuit 10
Court or the Circuit Court of the county in which the appealing party 11
resides in accordance with KRS Chapter 13B. 12
(3) [Except as provided in subsection (2)(b) of this section, ]In any administrative 13
hearing or civil litigation authorized under this section, the hiring or licensing 14
authority shall carry the burden of proof on the question of whether the prior 15
conviction directly relates to the position of employment sought or the occupation 16
for which the license is sought. 17