HB 87 — AN ACT relating to employment.

UNOFFICIAL COPY 25 RS BRHB 2987/GA AN ACT relating to employment.

and (c) That the applicant shall submit the information described in subsection (2) of Section 3 of this Act to the hiring or licensing authority within a Page 1 of 7 HB008710.100 - 29 - XXXX 12/27/20242/28/2025 8:529:39 AM JacketedGA UNOFFICIAL COPY 25 RS BRHB 2987/GA reasonable time determined by the authority.

(2) In determining if a conviction directly relates to the position of public employment sought or the occupation for which the license is sought, the hiring or licensing Page 2 of 7 HB008710.100 - 29 - XXXX 12/27/20242/28/2025 8:529:39 AM JacketedGA UNOFFICIAL COPY 25 RS BRHB 2987/GA authority shall consider:

(a) The individual's criminal historyhistory, including but not limited to:

(3) The hiring or licensing authority's decision regarding the person's criminal record shall be binding on the hiring or licensing authority regarding the person's subsequent application unless there is an adverse change in the person's criminal recordrecord[ [TheThe nature and seriousness of the crime for which the individual was convicted and the passage of time since its commission;

Page 3 of 7 HB008710.100 - 29 - XXXX 12/27/20242/28/2025 8:529:39 AM JacketedGA UNOFFICIAL COPY 25 RS BRHB 2987/GA (c) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the position of employment or occupation].

(1) (a) When a criminal background check is required by a hiring or licensing authority,authority under subsection (1) of Section 2 of this Act, an individual may submit his or her application and have that application considered by the authority before pursuing any training or specialized education that is required for the position of public employment or occupation.

Evaluate the applicant's testimony and the evidence of items listed in subsection (2) of Section 3 of this Act, and determine if the conviction relates to the position of public employment sought or the occupation for which a license is sought.sought prior to taking any action on the application.

(b) If, after evaluating the evidence as described in subsection (1)(a)(2)(a) of Section of 3 of this section,Act, a hiring or licensing authority denies an individual a position of public employment or a license solely because of the individual's prior conviction of a crime, the hiring or licensing authority shall provide the individual with written findings of fact including but not limited to[notify the individual in writing of the following]:

The grounds and reasons for the denial or disqualification, citing facts Page 4 of 7 HB008710.100 - 29 - XXXX 2/28/2025 9:39 AM GA UNOFFICIAL COPY 25 RS HB 87/GA as they relate to specific items of consideration in subsection (2) of Section 3 of this Act;

Page 4 of 7 XXXX 12/27/2024 8:52 AM Jacketed UNOFFICIAL COPY 25 RS BR 29 2.

Page 5 of 7 HB008710.100 - 29 - XXXX 2/28/2025 9:39 AM GA UNOFFICIAL COPY 25 RS HB 87/GA 2.

That the individual has the right to a hearing conducted in accordance with KRS Chapter 13B, if a written request for hearing is made within Page 5 of 7 XXXX 12/27/2024 8:52 AM Jacketed UNOFFICIAL COPY 25 RS BR 29 ten (10) working days after service of notice;

Page 6 of 7 HB008710.100 - 29 - XXXX 2/28/2025 9:39 AM GA UNOFFICIAL COPY 25 RS HB 87/GA (6) Unified local governments;

or (7) Any political subdivisions of any entity listed in subsections (1) to (6) of this Page 6 of 7 XXXX 12/27/2024 8:52 AM Jacketed UNOFFICIAL COPY 25 RS BR 29 section.

Page 7 of 7 HB008710.100 - 29 - XXXX 12/27/20242/28/2025 8:529:39 AM JacketedGA