61st Legislature
2009 Regular Session

Passed by the House February 23, 2009
  Yeas 97   Nays 0

Speaker of the House of Representatives

Passed by the Senate April 10, 2009
  Yeas 47   Nays 0

President of the Senate

I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1852 as passed by the House of Representatives and the Senate on the dates hereon set forth.

Chief Clerk

Governor of the State of Washington

Secretary of State
State of Washington



Passed Legislature - 2009 Regular Session
State of Washington61st Legislature2009 Regular Session

By Representatives Appleton and Hinkle; by request of Washington State Patrol

Read first time 01/30/09.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to record checks using fingerprints; and amending RCW 43.43.838.


Sec. 1   RCW 43.43.838 and 2007 c 17 s 5 are each amended to read as follows:
     (1) After January 1, 1988, and notwithstanding any provision of RCW 43.43.700 through 43.43.810 to the contrary, the state patrol shall furnish a transcript of the conviction record pertaining to any person for whom the state patrol or the federal bureau of investigation has a record upon the written request of:
     (a) The subject of the inquiry;
     (b) Any business or organization for the purpose of conducting evaluations under RCW 43.43.832;
     (c) The department of social and health services;
     (d) Any law enforcement agency, prosecuting authority, or the office of the attorney general;
     (e) The department of social and health services for the purpose of meeting responsibilities set forth in chapter 74.15, 18.51, 18.20, or 72.23 RCW, or any later-enacted statute which purpose is to regulate or license a facility which handles vulnerable adults. However, access to conviction records pursuant to this subsection (1)(e) does not limit or restrict the ability of the department to obtain additional information regarding conviction records and pending charges as set forth in RCW 74.15.030(2)(b); or
     (f) The department of early learning for the purpose of meeting responsibilities in chapter 43.215 RCW.
     (2) The state patrol shall by rule establish fees for disseminating records under this section to recipients identified in subsection (1)(a) and (b) of this section. The state patrol shall also by rule establish fees for disseminating records in the custody of the national crime information center. The revenue from the fees shall cover, as nearly as practicable, the direct and indirect costs to the state patrol of disseminating the records. No fee shall be charged to a nonprofit organization for the records check. ((In the case of record checks using fingerprints requested by school districts and educational service districts, the state patrol shall charge only for the incremental costs associated with checking fingerprints in addition to name and date of birth.)) Record checks requested by school districts and educational service districts using only name and date of birth ((shall continue to)) will be provided free of charge.
     (3) No employee of the state, employee of a business or organization, or the business or organization is liable for defamation, invasion of privacy, negligence, or any other claim in connection with any lawful dissemination of information under RCW 43.43.830 through 43.43.840 or 43.43.760.
     (4) Before July 26, 1987, the state patrol shall adopt rules and forms to implement this section and to provide for security and privacy of information disseminated under this section, giving first priority to the criminal justice requirements of this chapter. The rules may include requirements for users, audits of users, and other procedures to prevent use of civil adjudication record information or criminal history record information inconsistent with this chapter.
     (5) Nothing in RCW 43.43.830 through 43.43.840 shall authorize an employer to make an inquiry not specifically authorized by this chapter, or be construed to affect the policy of the state declared in chapter 9.96A RCW.

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