READ FIRST TIME 02/05/04.   

     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 history record information background checks for employment purposes are rapidly increasing in Washington state. While the demand for criminal history record information background checks is growing, the existing criminal history record information 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 results. Without adequate data transmission infrastructure and processes to encourage efficient criminal history record information 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 history record information background check programs. These programs focus on making criminal history record information background checks easily accessible to employers and prospective employees and have eliminated long response times.

NEW SECTION.  Sec. 2   (1) A joint task force on criminal background check processes is established. The joint task force shall consist of the following members:
     (a) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
     (b) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
     (c) The chief of the Washington state patrol, or the chief's designee;
     (d) The secretary of the department of social and health services, or the secretary's designee;
     (e) The state superintendent of public instruction, or the superintendent's designee;
     (f) An elected sheriff or police chief, selected by the Washington association of sheriffs and police chiefs; and
     (g) The following seven members, jointly appointed by the speaker of the house of representatives and the president of the senate:
     (i) A representative from a nonprofit service organization that serves primarily children under sixteen years of age;
     (ii) A health care provider as defined in RCW 7.70.020;
     (iii) A representative from a business or organization that primarily serves persons with a developmental disability or vulnerable adults;
     (iv) A representative from a local youth athletic association;
     (v) A representative from the insurance industry; and
     (vi) Two representatives from a local parks and recreation program; one member shall be selected by the association of Washington cities and one member shall be selected by the Washington association of counties.
     (2) The task force shall choose two cochairs from among its membership.
     (3) The task force shall review and make recommendations to the legislature and the governor regarding criminal background check policy in Washington state. In preparing the recommendations, the committee shall, at a minimum, review the following issues:
     (a) What state and federal statutes require regarding criminal background checks, and determine whether any changes should be made;
     (b) What criminal offenses are currently reportable through the criminal background check program, and determine whether any changes should be made;
     (c) What information is available through the Washington state patrol and the federal bureau of investigation criminal background check systems, and determine whether any changes should be made;
     (d) What are the best practices among organizations for obtaining criminal background checks on their employees and volunteers;
     (e) What is the feasibility and costs for businesses and organizations to do periodic background checks;
     (f) What is the feasibility of requiring all businesses and organizations, including nonprofit entities, to conduct criminal background checks for all employees, contractors, agents, and volunteers who have regularly scheduled supervised or unsupervised access to children, persons with a developmental disability, or vulnerable adults; and
     (g) A review of the benefits and obstacles of implementing a criminal history record information background check program created by the national child protection act of 1993. The national child protection act of 1993 increases the availability of criminal history record information background checks for employers who have employees or volunteers who work with children, elderly persons, or persons with disabilities.
     (4) The task force, where feasible, may consult with individuals from the public and private sector.
     (5) The task force shall use legislative facilities and staff from senate committee services and the house office of program research.
     (6) The task force shall report its findings and recommendations to the legislature by December 31, 2004.

NEW SECTION.  Sec. 3   (1) In consultation with the Washington state patrol, the Washington association of sheriffs and police chiefs shall conduct a study on criminal history record information background check technology and systems. The study shall focus on how, through the use of modern technology, Washington state can reduce delays in the criminal history record information background check processing time and how Washington state can make criminal history record information background checks more accessible and efficient.
     (2) The study shall include, but is not limited to:
     (a) A review and analysis of the criminal history record information background check technology systems in states that have recently implemented or are soon to implement comprehensive criminal history record information background check programs;
     (b) Recommendations on how a comprehensive criminal history record information 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 history record information 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.
     (3) The findings and recommendations from the Washington association of sheriffs and police chiefs shall be presented to the joint task force on criminal background check processes no later than November 30, 2004.
     (4) The requirement to perform the study under this section and to make findings and recommendations is subject to availability of funds appropriated for this specific purpose.

NEW SECTION.  Sec. 4   This act expires January 31, 2005.