Kentucky Statutes 151B.021 – Criminal background checks required for specified employees and contract staff
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(1) The Education and Labor Cabinet shall require a national and state criminal background check for every prospective and current employee of the cabinet or its agencies, including contract staff, with access to or use of federal tax information. The criminal background investigation shall include a fingerprint check by the Department of Kentucky State Police and Federal Bureau of Investigation, pursuant to the following requirements:
(a) The cabinet shall require each employee with access to or use of federal tax information to submit a complete and legible set of fingerprints to the Department of Kentucky State Police on a fingerprint card issued by the Federal Bureau of Investigation;
(b) The Department of Kentucky State Police shall submit the fingerprint card to the Federal Bureau of Investigation for a national criminal background check after a state criminal background check is conducted;
(c) The results of a national and state criminal background check shall not be distributed or otherwise released by the cabinet, except that the cabinet:
1. Shall provide an employee the results of his or her national and state criminal background check upon request; and
2. May introduce the results, under seal, as evidence in a legal proceeding that involves a challenge to any personnel action taken by the cabinet based in whole or in part on information contained in the results; and
(d) Any fee charged by the Department of Kentucky State Police or for the Federal Bureau of Investigation background check shall be an amount no greater than the actual cost of processing the request and conducting the background check.
(2) The cabinet or its agencies shall promulgate administrative regulations in accordance with this section and KRS Chapter 13A to implement this section.
Effective:July 1, 2022
History: Created 2022 Ky. Acts ch. 236, sec. 4, effective July 1, 2022.
(a) The cabinet shall require each employee with access to or use of federal tax information to submit a complete and legible set of fingerprints to the Department of Kentucky State Police on a fingerprint card issued by the Federal Bureau of Investigation;
Terms Used In Kentucky Statutes 151B.021
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) The Department of Kentucky State Police shall submit the fingerprint card to the Federal Bureau of Investigation for a national criminal background check after a state criminal background check is conducted;
(c) The results of a national and state criminal background check shall not be distributed or otherwise released by the cabinet, except that the cabinet:
1. Shall provide an employee the results of his or her national and state criminal background check upon request; and
2. May introduce the results, under seal, as evidence in a legal proceeding that involves a challenge to any personnel action taken by the cabinet based in whole or in part on information contained in the results; and
(d) Any fee charged by the Department of Kentucky State Police or for the Federal Bureau of Investigation background check shall be an amount no greater than the actual cost of processing the request and conducting the background check.
(2) The cabinet or its agencies shall promulgate administrative regulations in accordance with this section and KRS Chapter 13A to implement this section.
Effective:July 1, 2022
History: Created 2022 Ky. Acts ch. 236, sec. 4, effective July 1, 2022.