BILL REQ. #:  H-3709.1 

Prefiled 12/07/09. Read first time 01/11/10.   Referred to Committee on Local Government & Housing.

     AN ACT Relating to the authority of counties, cities, and towns to request criminal background checks from the Washington state patrol; adding a new section to chapter 36.01 RCW; adding a new section to chapter 35.21 RCW; and adding a new section to chapter 35A.21 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 36.01 RCW to read as follows:
     Counties may, by ordinance, require a state and federal background investigation of license applicants or licensees in occupations specified by ordinance for the purpose of receiving criminal history record information by county officials. The investigation shall consist of a background check as allowed through the Washington state criminal records privacy act under RCW 10.97.050, the Washington state patrol criminal identification system under RCW 43.43.832 through 43.43.834, and the federal bureau of investigation. These background checks must be done through the Washington state patrol identification and criminal history section and may include a national check from the federal bureau of investigation, which shall be through the submission of fingerprints. The Washington state patrol shall serve as the sole source for receipt of fingerprint submissions and the responses to the submissions from the federal bureau of investigation, which must be disseminated to the county. The county shall transmit appropriate fees for a state and national criminal history check to the Washington state patrol, unless alternately arranged.

NEW SECTION.  Sec. 2   A new section is added to chapter 35.21 RCW to read as follows:
     Cities or towns may, by ordinance, require a state and federal background investigation of license applicants or licensees in occupations specified by ordinance for the purpose of receiving criminal history record information by city or town officials. The investigation shall consist of a background check as allowed through the Washington state criminal records privacy act under RCW 10.97.050, the Washington state patrol criminal identification system under RCW 43.43.832 through 43.43.834, and the federal bureau of investigation. These background checks must be done through the Washington state patrol identification and criminal history section and may include a national check from the federal bureau of investigation, which shall be through the submission of fingerprints. The Washington state patrol shall serve as the sole source for receipt of fingerprint submissions and the responses to the submissions from the federal bureau of investigation, which must be disseminated to the city or town. The city or town shall transmit appropriate fees for a state and national criminal history check to the Washington state patrol, unless alternately arranged.

NEW SECTION.  Sec. 3   A new section is added to chapter 35A.21 RCW to read as follows:
     Code cities may, by ordinance, require a state and federal background investigation of license applicants or licensees in occupations specified by ordinance for the purpose of receiving criminal history record information by code city officials. The investigation shall consist of a background check as allowed through the Washington state criminal records privacy act under RCW 10.97.050, the Washington state patrol criminal identification system under RCW 43.43.832 through 43.43.834, and the federal bureau of investigation. These background checks must be done through the Washington state patrol identification and criminal history section and may include a national check from the federal bureau of investigation, which shall be through the submission of fingerprints. The Washington state patrol shall serve as the sole source for receipt of fingerprint submissions and the responses to the submissions from the federal bureau of investigation, which must be disseminated to the code city. The code city shall transmit appropriate fees for a state and national criminal history check to the Washington state patrol, unless alternately arranged.