BILL REQ. #:  H-3717.1 

Read first time 01/16/2004.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to studying criminal background check processes; creating new sections; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that criminal background checks for employment purposes are rapidly increasing in Washington state. While the demand for criminal background checks is growing, the existing background check data transmission infrastructure and processes are not adequate to keep pace with the growing demand. Furthermore, employers are concerned with the current system's ability to quickly secure background check results. Without adequate data transmission infrastructure and processes to encourage efficient criminal background checks and to receive results quickly, a public safety risk is created. This is especially true when new or prospective employees will be working with children.
     The legislature has learned that some states have recently developed comprehensive criminal background check programs. These programs focus on making criminal background checks easily accessible to employers and prospective employees and have eliminated long response times. It is the intent of this act to study advances with criminal background check programs in other states and determine what is needed to implement similar programs in Washington state.

NEW SECTION.  Sec. 2   (1) In consultation with the Washington State Patrol, the Washington association of sheriffs and police chiefs shall conduct a study on criminal background checks. The study shall focus on how Washington state can reduce delays in the criminal background check processing time and how Washington state can make criminal background checks more accessible and efficient.
     (2) The study shall include, but is not limited to:
     (a) A review and analysis of the criminal background check programs in states that have recently implemented or are soon to implement comprehensive criminal background check programs.
     (b) Recommendations on how a comprehensive criminal background check program should be designed in Washington state, and how much a comprehensive program would cost to implement in Washington state.
     (c) A review of how a comprehensive criminal background check program could be paid for in Washington state, which includes a determination on whether the program could be funded solely by user fees.
     (d) A review of the benefits and obstacles of implementing a criminal background check program created by the national child protection act of 1993. The national child protection act of 1993 increases the availability of criminal background checks for employers who have employees or volunteers who work with children, elderly persons, or persons with disabilities.
     (e) Upon completion of the review in (d) of this subsection, recommendations on how Washington state can make criminal background checks, as authorized under the national child protection act of 1993, available to Washington state employers.
     (3) The findings and recommendations from the study shall be presented to the legislature no later than December 31, 2004.

NEW SECTION.  Sec. 3   This act expires December 31, 2004.