BILL REQ. #:  S-0488.2 

Read first time 01/15/2007.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to establishing a work group to ensure seamless access to information for all background checks for noncriminal justice purposes; creating new sections; and providing an expiration date.

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

NEW SECTION.  Sec. 1   Federal and state law require the balancing of the privacy interests of individuals with the government's interest in the protection of children and vulnerable adults. The legislature finds that the balancing of these interests may be skewed in favor of the privacy rights of individuals. Therefore, a work group is created to research the current laws regarding background checks for prospective employees of public and private entities which work with vulnerable adults or children. The legislature finds that a comprehensive background check which includes both civil and criminal information is a valuable tool in safeguarding vulnerable adults and children from preventable risk.

NEW SECTION.  Sec. 2   (1) The department of social and health services shall convene a work group to review the current federal and state laws and administrative rules and practices with respect to sharing confidential information.
     (2)(a) The work group shall include but not be limited to the following members, chosen by the chief executive officer of each entity:
     (i) A representative of the department of social and health services;
     (ii) A representative of the department of early learning;
     (iii) A representative of the department of health;
     (iv) A representative of the office of the superintendent of public instruction;
     (v) A representative of the department of licensing;
     (vi) A representative of the Washington state patrol;
     (vii) A representative from the Washington state bar association's civil rights committee;
     (viii) A representative of the Washington association of sheriffs and police chiefs;
     (ix) A representative of the Washington association of criminal defense attorneys;
     (x) Two representatives from the superior court judges association, including a superior court judge and a court commissioner who is familiar with adult protective services or child protective services cases; and
     (xi) A representative from the administrative office of the courts.
     (b) The work group shall also include as nonvoting ex officio members:
     (i) One member from each of the two largest caucuses of the senate, appointed by the president of the senate; and
     (ii) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives.
     (c) Additional voting members may be invited to participate as determined by the work group.
     (3) Appointments to the work group shall be completed within thirty days of the effective date of this section.
     (4) The work group may form an executive committee, create subcommittees, designate alternative representatives, and define other procedures, as needed, for operation of the work group.
     (5) Legislative members of the work group shall be reimbursed for travel expenses under RCW 44.04.120. Nonlegislative members, except those representing an employee or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (6) The secretary of the department of social and health services or the secretary's designee shall serve as chair of the work group.
     (7) The department of social and health services shall provide staff support to the work group.
     (8) The work group shall review and make recommendations to the legislature and the governor regarding improving current processes for sharing information, including but not limited to the feasibility of creating a clearinghouse of information by November 1, 2007.
     (9) This section expires November 30, 2007.