5151-S AMS HOLJ GORR 301
SSB 5151 - S AMD 109
By Senator Holmquist
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Athletic" means a physical activity requiring or typically involving stamina, agility, strength, knowledge of the activity's rules, and the capability to perform movements or functions required under those rules. "Athletic" includes individual and organized or team sports or games.
(2) "Commercial youth athletic coach" means a person who performs youth athletic coaching for compensation over and above any reimbursement for expenses through an employment or business relationship other than where the person possesses a current teaching certificate under chapter 28A.410 RCW or is employed by a private or public school after completing a criminal history background check as required by RCW 28A.195.080 or 28A.400.303.
(3) "Department" means the department of licensing.
(4) "Director" means the director of licensing or the director's designee.
(5) "Youth athletic coaching" means the activity of providing services relating to the development of a child's or youth's athletic talents, skills, or abilities where the child or youth is under the age of eighteen, and the coach is not related to the child or youth by blood or marriage.
NEW SECTION. Sec. 2.
(1) A person may not advertise or otherwise offer to provide the services of a commercial youth athletic coach, or to engage in, conduct, or carry on the business of commercial youth athletic coaching in this state unless the person possesses a valid, unsuspended, and unexpired criminal history certification issued by the department under this chapter.(2) A person is guilty of a gross misdemeanor when the person (a) violates this section; and (b) has, as of the date of the violation, any conviction defined in section 9 of this act, regardless whether the conviction appears on any criminal history background record.
NEW SECTION. Sec. 3.
The director shall issue a criminal history certification only to an applicant who:(1) Is at least eighteen years of age;
(2) Is a citizen or resident alien of the United States;
(3) Has a place of business or residence located in the state;
(4) Submits a fully completed application on the form prescribed by the director;
(5) Submits a set of the applicant's fingerprints for a background check through the Washington state patrol criminal identification system under RCW 10.97.030 and 10.97.050 and through the federal bureau of investigation;
(6) Pays a nonrefundable fee as is required by the department for the background check; and
(7) Has no disqualifying conviction, as provided under section 9 of this act, regardless whether the conviction appears on any criminal history background record.
NEW SECTION. Sec. 4.
(1) The Washington state patrol shall forward the fingerprint data submitted by an applicant under this chapter to the federal bureau of investigation for a national criminal history records check.(2) An application submitted under section 3 of this act is not complete until the search result has been received by the department from both the Washington state patrol and the federal bureau of investigation fingerprint check systems.
(3) Criminal history record information received by the department under this chapter is exempt from public inspection or disclosure under chapter 42.56 RCW.
(4)(a) The director shall issue a criminal history certification to each applicant within thirty days after receiving the background check results from both (i) the Washington state patrol criminal identification system; and (ii) the federal bureau of investigation.
(b) The criminal history certification must contain a statement indicating that the certification is not a guarantee that the subject of the inquiry has no criminal record or adverse civil or administrative decisions.
NEW SECTION. Sec. 5.
(1) The department may charge a reasonable fee to create each certified copy of a criminal history certification issued under this chapter.(2) A criminal history certification issued under this chapter is valid for two years from the date of issue, and is not transferable.
NEW SECTION. Sec. 6.
(1) The state of Washington and its employees are not liable for defamation, invasion of privacy, negligence, or any other claim in connection with any lawful dissemination of information released under this chapter.(2) A person may not represent to another that the lawful dissemination of information under this chapter guarantees that the subject of the inquiry has no criminal record or adverse civil or administrative decisions.
NEW SECTION. Sec. 7.
(1)(a) A person issued a criminal history certification under this chapter shall notify the director within thirty days of any material change in the information furnished or required to be furnished to the director, including but not limited to the discovery of any (i) error that the individual knows or should know is contained in the criminal history record information report submitted as part of the individual's application under this chapter; or (ii) arrest or conviction of the individual for any criminal offense occurring after the date of application.(b) Upon receipt of any information relating to a person issued a criminal history certification, as described in (a) of this subsection, the director shall investigate the accuracy of the information and may accept proof of a recent fingerprint background check. If the director concludes the report of the individual is accurate and that the applicant has not been convicted of a disqualifying crime under section 9 of this act, the director shall update the records maintained by the department, assess a reasonable fee of not less than fifty dollars, and, upon receipt of the required fee, issue an amended criminal history certification.
(2) The director shall suspend the criminal history certification of any person who has been convicted of any criminal offense after the date of application, unless the individual has notified the director of such conviction and pays the fee required by subsection (1) of this section, provided that the conviction does not disqualify the individual pursuant to section 9 of this act.
NEW SECTION. Sec. 8.
The director shall set by rule the fees authorized by this chapter. The fees may be no more than necessary to cover the cost of the services provided.
NEW SECTION. Sec. 9.
(1) The director shall not issue a criminal history certification to any applicant when the criminal history record information report contains information indicating the following, regardless of whether the conviction appears on any criminal history background record:(a) Conviction of any gross misdemeanor or felony relating to the practice of the person's profession or operation of the person's business; or
(b) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession or operation of the person's business, whether the act constitutes a crime or not.
(2) For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Except as specifically provided by law, nothing in this section abrogates the provisions of chapter 9.96A RCW. However, RCW 9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130.
NEW SECTION. Sec. 10. A new section is added to chapter 42.56 RCW to read as follows:
Criminal history information received by the department of licensing under chapter 19.-- RCW (sections 1 through 9 of this act) is exempt from disclosure under this chapter.
NEW SECTION. Sec. 11.
Sections 1 through 9 of this act constitute a new chapter in Title 19 RCW."
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EFFECT: Removes registration requirements, but retains the background check requirements.