SENATE BILL REPORT

SB 5761

BYSenators Pullen and Talmadge

Changing provisions relating to disclosure of information by the state patrol.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 12, 1989; February 27, 1989

Majority Report:  That Substitute Senate Bill No. 5761 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senators Pullen, Chairman; Madsen, Nelson, Niemi, Rasmussen, Talmadge.

Senate Staff:Joyce Ansley (786-7418)

                  February 28, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):March 6, 1989

Majority Report:  That Second Substitute Senate Bill No. 5761 be substituted therefor, and the second substitute bill do pass.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bauer, Bluechel, Cantu, Fleming, Gaspard, Hayner, Johnson, Lee, Matson, Moore, Newhouse, Owen, Saling, Smith, Talmadge, Warnke, Wojahn.

Senate Staff:Randy Hodgins (786-7438)

                  March 7, 1989

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 6, 1989

BACKGROUND:

In 1987, the Legislature authorized the Washington State Patrol to disclose, at the request of a school district, business, organization, or state agency which educates, treats, supervises or provides recreation to children or developmentally disabled persons, (1) an applicant's record of convictions of certain offenses against persons, (2) civil findings of child abuse or exploitation in dependency or dissolution proceedings when the perpetrator contested the allegation of abuse, and (3) disciplinary board final decisions.

Law enforcement agencies and the Department of Social and Health Services may request this same information from the State Patrol to aid in the investigation and prosecution of child and adult abuse cases.  The department must consider this information when employing persons for state or licensed positions directly involving the care or supervision of children or developmentally disabled persons.

Before asking the State Patrol for information, the requesting organization must inform the applicant that it has the ability to check the person's criminal and civil adjudication records.  The organization must then ask the applicant to disclose, in writing and under oath, whether the applicant has any such record.  The requesting organization must disclose the results of any background check to the applicant.  Businesses and organizations may use the background information only upon initial employment, and may not disseminate it to anyone.

It is suggested that the present law be broadened to allow these background checks to include current employees who apply to transfer to another school district and volunteers.

SUMMARY:

Organizations that provide services to children may now conduct background checks on personnel who transfer between school districts as well as prospective employees and volunteers.

EFFECT OF PROPOSED SUBSTITUTE:

A provision which prevented schools from conducting background checks on those school personnel who have been certificated before applying to the requesting organization is removed.  The definition of employee is revised to reflect the change.

EFFECT OF PROPOSED SECOND SUBSTITUTE:

It is clarified that fees which are charged to specified organizations which request background checks are intended to cover the State Patrol's costs in disseminating the records.

The fee exemption for school districts and educational service districts is eliminated.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: LAW & JUSTICE:  Bob Conner, DSHS (pro); Bob Fisher, WEA (con)

Senate Committee - Testified: WAYS & MEANS:  No one