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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
The General Assembly finds a compelling public interest in removing barriers to 5
employment opportunities and occupational licenses for citizens of the Commonwealth 6
who have been convicted of a crime. Employers can increase their hiring prospects by 7
offering positions to this historically untapped pool of workers who have taken 8
rehabilitative steps in preparation for participation in the workforce, and reenter 9
society as productive citizens, rather than being defined by a past crime. 10
SECTION 2. A NEW SECTION OF KRS 335B.010 TO 335B.070 IS 11
CREATED TO READ AS FOLLOWS: 12
(1) If a hiring or licensing authority considers a criminal background check as part 13
of their application process, the authority shall establish and implement a process 14
in which an individual who has been convicted of a crime can obtain a 15
determination about whether the crime will disqualify the individual from a 16
position of public employment or an occupation for which a professional license 17
is required. A hiring or licensing authority shall display on its website its 18
application policy and procedures pertaining to an individual with a criminal 19
background. The application instructions shall include the following: 20
(a) That the application process may include a background check by the 21
Kentucky State Police or the Administrative Office of the Courts, and may 22
require the applicant to submit to fingerprinting; 23
(b) That a criminal conviction may disqualify an applicant from obtaining a 24
position of public employment or an occupational license; and 25
(c) That the applicant shall submit the information described in subsection (2) 26
of Section 3 of this Act to the hiring or licensing authority within a 27 UNOFFICIAL COPY 25 RS BR 29
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reasonable time determined by the authority. 1
(2) A hiring or licensing authority shall provide the public notice as described in 2
subsection (1) of this section: 3
(a) To all applicants within fourteen (14) days of application or selection for an 4
interview; and 5
(b) To educational institutions that provide education and training in the areas 6
of study requiring an occupational license to practice for prospective 7
applicants. 8
(3) A hiring or licensing authority shall: 9
(a) No later than January 1, 2026: 10
1. Formulate policies and procedures as necessary to carry out the 11
provisions of subsections (1) and (2) of this section; and 12
2. Promulgate administrative regulations in accordance with KRS 13
Chapter 13A related to subsections (1) and (2) of this section; and 14
(b) Provide the Legislative Research Commission for referral to the Interim 15
Joint Committee on Licensing, Occupations, and Administrative 16
Regulations a report by November 1, 2026, to confirm that an application 17
process as described in subsections (1) and (2) of this section has been 18
established and is being utilized. 19
Section 3. KRS 335B.020 is amended to read as follows: 20
(1) No person shall be disqualified from public employment, nor shall a person be 21
disqualified from pursuing, practicing, or engaging in any occupation for which a 22
license is required solely because of a prior conviction of a crime, unless the crime 23
for which convicted directly relates to the position of employment sought or the 24
occupation for which the license is sought. 25
(2) In determining if a conviction directly relates to the position of public employment 26
sought or the occupation for which the license is sought, the hiring or licensing 27 UNOFFICIAL COPY 25 RS BR 29
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authority shall consider: 1
(a) The individual's criminal history including but not limited to: 2
1. The nature and seriousness of the crime; 3
2. The individual's age when the offense was committed; 4
3. The length of time since the offense was committed; 5
4. The relationship of the crime to the public employment position 6
sought or the occupation for which the license is sought; and 7
5. The relationship of the crime to the ability, capacity, and fitness 8
required to perform the duties and discharge the responsibilities of the 9
public employment position or licensed occupation; 10
(b) The individual's employment history; 11
(c) The individual's current financial support and legal responsibilities for his 12
or her dependents; 13
(d) A certificate or proof of active participation in a behavioral, substance 14
abuse, or educational program; 15
(e) The individual's supportive character references and recommendations; 16
and 17
(f) Any bonding requirements for the occupation for which the license is 18
sought. 19
(3) The hiring or licensing authority's decision regarding the person's criminal 20
record shall be binding on the hiring or licensing authority regarding the 21
person's subsequent application unless there is an adverse change in the person's 22
criminal record 23
[The nature and seriousness of the crime for which the individual was convicted 24
and the passage of time since its commission; 25
(b) The relationship of the crime to the purposes of regulating the position of 26
public employment sought or the occupation for which the license is sought; 27 UNOFFICIAL COPY 25 RS BR 29
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(c) The relationship of the crime to the ability, capacity, and fitness required to 1
perform the duties and discharge the responsibilities of the position of 2
employment or occupation]. 3
Section 4. KRS 335B.030 is amended to read as follows: 4
(1) (a) When a criminal background check is required by a hiring or licensing 5
authority, an individual may submit his or her application and have that 6
application considered by the authority before pursuing any training or 7
specialized education that is required for the position of public employment 8
or occupation. A hiring or licensing authority shall: 9
1. Request that the individual submit the information listed in subsection 10
(2) of Section 3 of this Act to the hiring or licensing authority within a 11
reasonable time as determined by the authority; 12
2. Afford the individual an opportunity for an in-person, telephone, or 13
video hearing; and 14
3. Evaluate the applicant's testimony and the evidence of items listed in 15
subsection (2) of Section 3 of this Act, and determine if the conviction 16
relates to the position of public employment sought or the occupation 17
for which a license is sought. 18
(b) If, after evaluating the evidence as described in subsection (1)(a) of this 19
section, a hiring or licensing authority denies an individual a position of 20
public employment or a license solely because of the individual's prior 21
conviction of a crime, the hiring or licensing authority shall provide the 22
individual with written findings of fact including but not limited to[notify 23
the individual in writing of the following]: 24
1. The grounds and reasons for the denial or disqualification, citing facts 25
as they relate to specific items of consideration in subsection (2) of 26
Section 3 of this Act; 27 UNOFFICIAL COPY 25 RS BR 29
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2. That the individual has the right to a hearing conducted in accordance 1
with KRS Chapter 13B, if written request for hearing is made within ten 2
(10) working days after service of notice; 3
3. The earliest date the person may reapply for a position of public 4
employment or a license; and 5
4. That new or previously submitted evidence of rehabilitation may be 6
considered upon reapplication. 7
(c)[(b)] Any party aggrieved by a final order issued by a hiring or licensing 8
authority after a hearing under this subsection may appeal to Franklin Circuit 9
Court or the Circuit Court of the county in which the appealing party 10
resides in accordance with KRS Chapter 13B. 11
(2) (a) [Except as provided in paragraph (b) of this subsection, ]A hiring or licensing 12
authority shall not disqualify an individual from a position of public 13
employment or from pursuing, practicing, or engaging in any occupation for 14
which a license is required solely because of the individual's prior conviction 15
of a crime, unless the authority provides the individual with a written notice 16
that the authority has determined that the prior conviction may disqualify the 17
person, demonstrates the connection between the prior conviction and the 18
position of public employment or a license being sought, and affords the 19
individual an opportunity to be personally heard before the board prior to the 20
board making a decision on whether to disqualify the individual. If the 21
position of public employment or license is denied after the person was heard, 22
the hiring or licensing authority shall notify the individual in writing of the 23
following: 24
1. The grounds and reasons for the denial or disqualification; 25
2. That the individual has the right to a hearing conducted in accordance 26
with KRS Chapter 13B, if a written request for hearing is made within 27 UNOFFICIAL COPY 25 RS BR 29
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ten (10) working days after service of notice; 1
3. The earliest date the person may reapply for a position of public 2
employment or license; and 3
4. That evidence of rehabilitation may be 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
(c) ]Any party aggrieved by a final order issued by a hiring or licensing authority 9
after a hearing under this subsection may appeal to Franklin Circuit Court or 10
the Circuit Court of the county in which the appealing party resides in 11
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 public employment sought or the 16
occupation for which the license is sought. 17
SECTION 5. A NEW SECTION OF KRS 335B.010 TO 335B.070 IS 18
CREATED TO READ AS FOLLOWS: 19
Section 2 of this Act shall not apply to: 20
(1) Cities; 21
(2) Counties; 22
(3) Urban-county governments; 23
(4) Charter county governments; 24
(5) Consolidated local governments; 25
(6) Unified local governments; or 26
(7) Any political subdivisions of any entity listed in subsections (1) to (6) of this 27 UNOFFICIAL COPY 25 RS BR 29
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section. 1