5528-S AMS KOHL S2507

5528-S AMS KOHL S2507.1

SSB 5528 - S AMD - 241

By Senators Kohl, Zarelli and West

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 9.96A.020 and 1993 c 71 s 1 are each amended to read as follows:

(1) Subject to the exceptions in subsections (3) ((~~and (4)~~)) through (6) of this section, and unless there is another provision of law to the contrary, a person is not disqualified from employment by the state of Washington or any of its counties, cities, towns, municipal corporations, or quasi-municipal corporations, nor is a person disqualified to practice, pursue or engage in any occupation, trade, vocation, or business for which a license, permit, certificate or registration is required to be issued by the state of Washington or any of its counties, cities, towns, municipal corporations, or quasi-municipal corporations solely because of a prior conviction of a felony. However, this section does not preclude the fact of any prior conviction of a crime from being considered.

(2) A person may be denied employment by the state of Washington or any of its counties, cities, towns, municipal corporations, or quasi-municipal corporations, or a person may be denied a license, permit, certificate or registration to pursue, practice or engage in an occupation, trade, vocation, or business by reason of the prior conviction of a felony if the felony for which he or she was convicted directly relates to the position of employment sought or to the specific occupation, trade, vocation, or business for which the license, permit, certificate or registration is sought, and the time elapsed since the conviction is less than ten years.

(3) A person is disqualified for any certificate required or authorized under chapters 28A.405 or 28A.410 RCW, because of a prior guilty plea or the conviction of a felony involving sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, or a violation of similar laws of another jurisdiction, even if the time elapsed since the guilty plea or conviction is ten years or more.

(4) A person is disqualified from employment by school districts, educational service districts, and their contractors hiring employees who will have regularly scheduled unsupervised access to children, because of a prior guilty plea or conviction of a felony involving sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, or a violation of similar laws of another jurisdiction, even if the time elapsed since the guilty plea or conviction is ten years or more.

(5) Subsections (3) and (4) of this section only apply to a person applying for a certificate or for employment on or after July 25, 1993.

(6) A person is disqualified from employment by the department of social and health services as provided in section 6 of this act.

Sec. 2. RCW 41.06.475 and 1993 c 281 s 38 are each amended to read as follows:

(1) The Washington personnel resources board shall adopt rules, in cooperation with the secretary of social and health services, the department of health, the department of corrections, and the office of the superintendent of public instruction, for the background investigation of persons being considered for state employment in positions ((~~directly responsible for the supervision, care, or treatment of children or developmentally disabled persons~~)) where they may have unsupervised access to children or vulnerable adults as part of their assigned job duties or as a likely consequence of their work environment.

(2) The rules adopted under this section shall prescribe, at a minimum, the following:

(a) The process by which each agency shall request and receive background check information from the state patrol, the federal bureau of investigation, and other appropriate state agencies;

(b) The notifications describing the background check requirements and procedures to be given to individuals seeking employment positions where they may have unsupervised access to children or vulnerable adults;

(c) The permissible uses of the background check information, which shall be limited to determining an individual's suitability to have unsupervised access to children or vulnerable adults;

(d) That no individual may be involved with a state agency in a position where he or she will have unsupervised access to children or vulnerable adults as part of the individual's regularly scheduled activities or work duties until a background check has been completed;

(e) The process for self reporting of convictions as required under section 12 of this act;

(f) That allow state agencies to share information concerning individuals subject to background check requirements, to the extent legally permissible, in order to eliminate situations where the same individual is subject to multiple background checks.

(3) Rules adopted under this section apply to employees of the state but do not apply to employees of any unit of local government including counties, cities, port districts, and school districts.

Sec. 3. RCW 43.20A.710 and 1993 c 210 s 1 are each amended to read as follows:

((The secretary shall investigate the conviction records, pending charges or disciplinary board final decisions of: (1) Persons being considered for state employment in positions directly responsible for the supervision, care, or treatment of children or individuals with mental illness or developmental disabilities; and (2) individual providers who are paid by the state for in-home services and hired by individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment. The investigation may include an examination of state and national criminal identification data and the child abuse and neglect register established under chapter 26.44 RCW. The secretary shall provide the results of the state background check on individual providers to the individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment who hired them and to their legal guardians, if any. The secretary shall use the information solely for the purpose of determining the character, suitability, and competence of these applicants except that in the case of individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment who employ individual providers, the determination of character, suitability, and competence of applicants shall be made by the individual with a physical disability, developmental disability, mental illness, or mental impairment. Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose. If necessary, persons may be employed on a conditional basis pending completion of the background investigation.)) (1) The secretary shall investigate the suitability of all individuals seeking involvement with the department in positions where they may have unsupervised access to children or vulnerable adults as part of their assigned job responsibilities or as a likely consequence of their work environment. For the purposes of this section, "involvement with the department" means working for the department for compensation, consideration, or as a volunteer, including working as an employee, independent contractor, licensee, student intern, trainee, or volunteer.

(2) The secretary shall require, as a condition of contracting with a business or organization, that the contractor investigate the suitability of all individuals seeking involvement with the contracting business or organization in positions where they may have unsupervised access to children or vulnerable adults as part of their assigned job responsibilities or as a likely consequence of their work environment. This requirement applies only to those individuals involved in programs funded in whole or in part under a contract with the department. For the purposes of this section, "involvement with the contracting business or organization" means working for the contractor for compensation, consideration, or as a volunteer, including working as an employee, independent contractor, student intern, trainee, or volunteer.

(3) The secretary shall require, as a condition of licensing or certifying a facility or agency that provides care, supervision, or treatment to children or vulnerable adults, that the facility or agency investigate the suitability of all individuals seeking involvement with the facility or agency in positions where they may have unsupervised access to children or vulnerable adults as part of their assigned job responsibilities or as a likely consequence of their work environment. For the purposes of this section, "involvement with the facility or agency" means working for the facility or agency for compensation, consideration, or as a volunteer, including working as an employee, independent contractor, student intern, trainee, or volunteer.

(4) The investigations required under subsection (1) of this section shall include, at a minimum:

(a) For individuals who have resided in the state for less than three years from the date of involvement or application for involvement, a fingerprint-based national conviction record check through the federal bureau of investigation; and

(b) For individuals who have resided in the state for three years or more from the date of involvement or application for involvement, a fingerprint-based conviction record check through the state patrol.

The department is financially responsible for the costs associated with conducting the conviction record checks required under subsection (1) of this section.

(5) The investigations required under subsection (2) of this section shall include, at a minimum, conviction record checks through the state patrol. The department shall provide, in rule, the circumstances under which the conviction record checks must be fingerprint based and the circumstances under which they may be name based. The department is financially responsible for the costs associated with conducting the conviction record checks for volunteers and, subject to available funding, the conviction record checks for employees, independent contractors, student interns, and trainees required under subsection (2) of this section.

(6) The investigations required under subsection (3) of this section shall include, at a minimum, conviction record checks through the state patrol. For agencies licensed under chapter 74.15 RCW, the investigations shall also include the information required under RCW 74.15.030. Subject to the requirements in RCW 74.15.030, the department shall provide, in rule, the circumstances under which the conviction record checks must be fingerprint based and the circumstances under which they may be name based. The department is financially responsible for the costs associated with conducting the conviction record checks for volunteers, and facilities and agencies licensed or certified under chapter 74.15 RCW and, subject to available funding, the conviction record checks for employees, independent contractors, student interns, and trainees required under subsection (3) of this section.

(7) The secretary may, by rule, determine appropriate circumstances for the conditional involvement of individuals who are subject to the national conviction record check requirement of this section. Involvement may be conditional pending completion of the national conviction record check only after completion of the fingerprint-based conviction record check through the state patrol.

(8) This section does not limit the authority of the department, a business or organization that contracts with the department, or a facility or agency licensed or certified by the department to investigate the suitability of individuals, who are seeking positions where they may have unsupervised access to children or vulnerable adults, through other public records including adverse civil or administrative proceedings. For the purposes of this section, "adverse civil or administrative proceedings" means adverse dependency adjudications, disciplinary board final decisions, and protection orders as defined in RCW 43.43.830.

NEW SECTION. Sec. 4. A new section is added to chapter 43.20A RCW to read as follows:

(1) Subject to available funding, the secretary shall periodically update the conviction record checks required under RCW 43.20A.710(4) for those individuals who remain involved with the department.

(2) The secretary may, in rule, require periodic updating of the conviction record checks required under RCW 43.20A.710 (5) and (6) for those individuals who remain involved with a contracting business or organization or a licensed or certified facility or agency.

(3) Updated checks need not be fingerprint based unless the secretary has reasonable cause to believe it is necessary on a case-by-case basis.

NEW SECTION. Sec. 5. A new section is added to chapter 43.20A RCW to read as follows:

(1) For any conviction record check required under RCW 43.20A.710 or section 4 of this act, the department, the applicable contracting business or organization, or licensed facility or agency shall:

(a) Notify the individual of the applicable conviction record check requirements and disqualification provisions of this chapter;

(b) Notify the individual of the results of the check within ten days after completion or receipt; and

(c) Acknowledge in writing, on a form provided by the state patrol, that the absence of a state patrol record does not mean the individual has no criminal record nor does it represent a determination by the state patrol that the individual is suitable to have unsupervised access to children or vulnerable adults.

(2) In addition to the requirements of subsection (1) of this section, for any fingerprint-based conviction record check through the state patrol required under RCW 43.20A.710 or section 4 of this act, the department, the applicable contracting business or organization, or licensed or certified facility or agency shall:

(a) Notify the individual that such investigation will be made and require the individual to furnish a full set of fingerprints to the state patrol;

(b) Submit any fees and other information required by the state patrol; and

(3) In addition to the requirements of subsection (2) of this section, for any national conviction record check through the federal bureau of investigation required under RCW 43.20A.710 or section 4 of this act, the department, the applicable contracting business or organization, or licensed or certified facility or agency shall:

(a) Notify the individual that such investigation will be made and require the individual to furnish two full sets of fingerprints to the state patrol, one of which shall be used for exchange with the federal bureau of investigation;

(b) Submit any fees and other information required by the state patrol and the federal bureau of investigation; and

(c) Acknowledge the following in writing, on a form provided by the state patrol: (i) Federal law prohibits the disclosure or dissemination of federal bureau of investigation national conviction records outside of a governmental agency except to the subject of the record; and (ii) the absence of a conviction record does not mean the individual has no criminal record nor does it represent a determination by the state patrol that the individual is suitable to have unsupervised access to children or vulnerable adults.

NEW SECTION. Sec. 6. A new section is added to chapter 43.20A RCW to read as follows:

(1) The disqualification provisions of this section apply to those individuals required to undergo the conviction record checks provided for in RCW 43.20A.710 and section 4 of this act who will have unsupervised access to children or vulnerable adults as part of their assigned job duties.

(2) Subject to the exception provided for in subsection (4) of this section, a conviction for one or more of the following offenses shall permanently disqualify an individual identified in subsection (1) of this section from involvement with the department, a contractor of the department, or a facility or agency licensed or certified by the department in a position where the individual will have unsupervised access to children or vulnerable adults:

(a) Aggravated murder;

(b) First degree murder;

(d) First or second degree assault;

(e) First, second, or third degree assault of a child;

(f) First, second, or third degree rape;

(g) First, second, or third degree rape of a child;

(h) First or second degree robbery;

(i) First degree arson;

(j) First degree burglary;

(k) Indecent liberties;

(l) First degree extortion;

(m) Incest;

(n) First degree promoting prostitution;

(o) Sexual exploitation of minors;

(p) First degree criminal mistreatment;

(q) Child abuse or neglect as defined in RCW 26.44.020;

(r) First, second, or third degree child molestation;

(s) First or second degree sexual misconduct with a minor;

(t) Child buying or selling;

(u) Felony indecent exposure; and

(v) Any federal or out-of-state equivalent to any of the offenses listed in this subsection.

(3) The secretary may identify, in rule, additional offenses that are directly related to individuals' suitability to have unsupervised access to children or vulnerable adults and that may disqualify individuals from involvement with the department, a contractor of the department, or a facility or agency licensed by the department. The rules may distinguish between offenses for which disqualification must be made and offenses for which disqualification is discretionary, and the appropriate periods of time for which the specified offenses shall act to disqualify individuals.

(4) If a contractor of the department, a facility or agency licensed or certified by the department, or a client of the department who hires an individual provider paid by the state for in-home services, elects to authorize an individual with an offense identified in subsection (2) of this section or adopted by rule under subsection (3) of this section to have unsupervised access to children or vulnerable adults, then the secretary may deny, suspend, or revoke the affected contract, license, or certificate, or deny payment for any services rendered by a disqualified individual.

(5) Individuals who may have unsupervised access to children or vulnerable adults as a likely consequence of their work environment may be disqualified from involvement with the department, a contractor of the department, or a facility or agency licensed or certified by the department if they have a conviction for any of the offenses identified in subsection (2) of this section or adopted by rule under subsection (3) of this section.

(6) In determining whether to disqualify an individual under subsection (3) or (4) of this section, the department, contractor of the department, or the facility or agency licensed or certified by the department shall consider the following:

(a) The likelihood and extent that the individual may have unsupervised access to children or vulnerable adults in the specified position sought or held;

(b) The age of the individual at the time of the conviction;

(d) Evidence of conduct subsequent to the conviction relating to the individual's suitability to have unsupervised access to children or vulnerable adults.

NEW SECTION. Sec. 7. A new section is added to chapter 43.20A RCW to read as follows:

Any classified employee dismissed or otherwise adversely affected as a result of a disqualifying offense identified in or adopted under section 6 of this act has a right to appeal under the appropriate statutes, including but not limited to chapters 41.06 and 41.64 RCW.

Sec. 8. RCW 43.43.815 and 1995 c 169 s 1 are each amended to read as follows:

(((1) Notwithstanding any provision of RCW 43.43.700 through 43.43.810 to the contrary, the Washington state patrol shall furnish a conviction record, as defined in RCW 10.97.030, pertaining to any person of whom the Washington state patrol has a record upon the written or electronic request of any employer for the purpose of:

~~(a) Securing a bond required for any employment;~~

(b) Conducting preemployment and postemployment evaluations of employees and prospective employees who, in the course of employment, may have access to information affecting national security, trade secrets, confidential or proprietary business information, money, or items of value; or

~~(c) Assisting an investigation of suspected employee misconduct where such misconduct may also constitute a penal offense under the laws of the United States or any state.~~

(2) When an employer has received a conviction record under subsection (1) of this section, the employer shall notify the subject of the record of such receipt within thirty days after receipt of the record, or upon completion of an investigation under subsection (1)(c) of this section. The employer shall make the record available for examination by its subject and shall notify the subject of such availability.

(3) The Washington state patrol shall charge fees for disseminating records pursuant to this section which will cover, as nearly as practicable, the direct and indirect costs to the Washington state patrol of disseminating such records.

(4) Information disseminated pursuant to this section or RCW 43.43.760 shall be available only to persons involved in the hiring, background investigation, or job assignment of the person whose record is disseminated and shall be used only as necessary for those purposes enumerated in subsection (1) of this section.

(5) Any person may maintain an action to enjoin a continuance of any act or acts in violation of any of the provisions of this section, and if injured thereby, for the recovery of damages and for the recovery of reasonable attorneys' fees. If, in such action, the court finds that the defendant is violating or has violated any of the provisions of this section, it shall enjoin the defendant from a continuance thereof, and it shall not be necessary that actual damages to the plaintiff be alleged or proved. In addition to such injunctive relief, the plaintiff in the action is entitled to recover from the defendant the amount of the actual damages, if any, sustained by him if actual damages to the plaintiff are alleged and proved. In any suit brought to enjoin a violation of this chapter, the prevailing party may be awarded reasonable attorneys' fees, including fees incurred upon appeal. Commencement, pendency, or conclusion of a civil action for injunction or damages shall not affect the liability of a person or agency to criminal prosecution for a violation of chapter 10.97 RCW.

(6) Neither the section, its employees, nor any other agency or employee of the state is liable for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information pursuant to this section or RCW 43.43.760.

(7) The Washington state patrol may adopt rules and forms to implement this section and to provide for security and privacy of information disseminated pursuant hereto, giving first priority to the criminal justice requirements of chapter 43.43 RCW. Such rules may include requirements for users, audits of users, and other procedures to prevent use of criminal history record information inconsistent with this section.

(8) Nothing in this section shall authorize an employer to make an inquiry not otherwise authorized by law, or be construed to affect the policy of the state declared in RCW 9.96A.010, encouraging the employment of ex-offenders.)) (1) A business or organization may conduct a check of an individual's conviction records for the following purposes:

(a) Securing a bond required for any involvement with the business or organization;

(b) Conducting preinvolvement and postinvolvement evaluations of individuals who, in the course of their involvement with the business or organization, may have access to information affecting national security, trade secrets, confidential or proprietary business information, money, or items of value; or

(c) Assisting an investigation of suspected misconduct where such misconduct may also constitute a penal offense under the laws of the United States or any state.

(2) A business or organization that conducts a conviction record check through the state patrol for any of the purposes authorized in subsection (1)(a) or (b) of this section shall:

(a) Notify the individual that such check will be made and, if the conviction record check will be conducted by someone other than the business or organization, identify who will conduct the check; and

(b) Notify the individual of the results of the conviction record check within thirty days after completion or receipt by the business or organization and make the record available for examination by the individual upon request.

(3) In addition to the requirements of subsection (2) of this section, a business or organization that conducts a fingerprint-based conviction record check through the state patrol for any of the purposes authorized in subsection (1)(a) or (b) of this section shall:

(a) Notify the individual that such inquiry will be made and require the individual to furnish two full sets of fingerprints to the employer;

(b) Submit the completed fingerprint data to the state patrol along with any fees and other information required by the state patrol in rules; and

(c) Acknowledge in writing, on a form provided by the state patrol, that the absence of a state patrol record does not mean the individual has no criminal record, or adverse civil or administrative decision, nor does it represent a determination by the state patrol that the individual is suitable for bonding or involvement with the business or organization.

(4) This section shall not be construed to allow a business or organization to make an inquiry not otherwise authorized by law or to affect the policy of the state declared in RCW 9.96A.010 encouraging the employment of felons.

(5) For the purposes of this section, "business or organization" means, in addition to the definition in RCW 43.43.830, any person, entity, or government agency seeking to hire, or engage as a volunteer, any individual who may have access to information affecting national security, trade secrets, confidential or proprietary business information, money, or items of value.

Sec. 9. RCW 43.43.830 and 1996 c 178 s 12 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.43.830 through ((~~43.43.840~~)) 43.43.845 and sections 12 and 15 through 20 of this act.

(1) ((~~"Applicant" means:~~

(a) Any prospective employee who will or may have unsupervised access to children under sixteen years of age or developmentally disabled persons or vulnerable adults during the course of his or her employment or involvement with the business or organization;

(b) Any prospective volunteer who will have regularly scheduled unsupervised access to children under sixteen years of age, developmentally disabled persons, or vulnerable adults during the course of his or her employment or involvement with the business or organization under circumstances where such access will or may involve groups of (i) five or fewer children under twelve years of age, (ii) three or fewer children between twelve and sixteen years of age, (iii) developmentally disabled persons, or (iv) vulnerable adults; or

~~(c) Any prospective adoptive parent, as defined in RCW 26.33.020.~~)) "Adverse civil or administrative decisions" include but are not limited to adverse dependency adjudications, disciplinary board final decisions, and protective orders as defined in this section.

(2) "Background check" means an investigation into an individual's background for the purposes of determining the individual's suitability for involvement with a business or organization. A background check may include, but is not limited to, an investigation of state and national conviction records, civil adjudications and court orders, and administrative decisions.

(3) "Business or organization" means ((a business or organization licensed in this state, any agency of the state, or other governmental entity, that educates, trains, treats, supervises, houses, or provides recreation to developmentally disabled persons, vulnerable adults, or children under sixteen years of age, including but not limited to public housing authorities, school districts, and educational service districts.

(3) "Civil adjudication" means a specific court finding of sexual abuse or exploitation or physical abuse in a dependency action under RCW 13.34.040 or in a domestic relations action under Title 26 RCW. In the case of vulnerable adults, civil adjudication means a specific court finding of abuse or financial exploitation in a protection proceeding under chapter 74.34 RCW. It does not include administrative proceedings. The term "civil adjudication" is further limited to court findings that identify as the perpetrator of the abuse a named individual, over the age of eighteen years, who was a party to the dependency or dissolution proceeding or was a respondent in a protection proceeding in which the finding was made and who contested the allegation of abuse or exploitation.

~~(4)~~)) any person, entity, or governmental agency with authority to approve the involvement of individuals in positions where they may have unsupervised access to children or vulnerable adults. "Business or organization" also includes any individual or entity to which a business or organization delegates its authority to request or receive information under this chapter.

(4) "Certified copy of a background check record" means a certified document issued by the state patrol to an individual upon his or her request under section 20 of this act identifying the individual's: (a) Conviction record; (b) adverse dependency adjudications; (c) adverse disciplinary board final decisions; and (d) protection orders; or the lack of any such records.

(5) "Child" or "children" means an individual or individuals under the age of sixteen.

(6) "Conviction record" ((means "conviction record" information as defined in RCW 10.97.030(3) relating to a crime against children or other persons committed by either an adult or a juvenile. It does not include a conviction for an offense that has been the subject of an expungement, pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, or a conviction that has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. It does include convictions for offenses for which the defendant received a deferred or suspended sentence, unless the record has been expunged according to law.

(5) "Crime against children or other persons" means a conviction of any of the following offenses: Aggravated murder; first or second degree murder; first or second degree kidnaping; first, second, or third degree assault; first, second, or third degree assault of a child; first, second, or third degree rape; first, second, or third degree rape of a child; first or second degree robbery; first degree arson; first degree burglary; first or second degree manslaughter; first or second degree extortion; indecent liberties; incest; vehicular homicide; first degree promoting prostitution; communication with a minor; unlawful imprisonment; simple assault; sexual exploitation of minors; first or second degree criminal mistreatment; child abuse or neglect as defined in RCW 26.44.020; first or second degree custodial interference; malicious harassment; first, second, or third degree child molestation; first or second degree sexual misconduct with a minor; first or second degree rape of a child; patronizing a juvenile prostitute; child abandonment; promoting pornography; selling or distributing erotic material to a minor; custodial assault; violation of child abuse restraining order; child buying or selling; prostitution; felony indecent exposure; criminal abandonment; or any of these crimes as they may be renamed in the future.

(6) "Crimes relating to financial exploitation" means a conviction for first, second, or third degree extortion; first, second, or third degree theft; first or second degree robbery; forgery; or any of these crimes as they may be renamed in the future.

(7) "Disciplinary board final decision" means any final decision issued by a disciplining authority under chapter 18.130 RCW or the secretary of the department of health for the following businesses or professions:

~~(a) Chiropractic;~~

~~(b) Dentistry;~~

~~(c) Dental hygiene;~~

~~(d) Massage;~~

~~(e) Midwifery;~~

~~(f) Naturopathy;~~

~~(g) Osteopathic medicine and surgery;~~

~~(h) Physical therapy;~~

~~(i) Physicians;~~

~~(j) Practical nursing;~~

~~(k) Registered nursing; and~~

~~(l) Psychology.~~

~~"Disciplinary board final decision," for real estate brokers and salespersons, means any final decision issued by the director of the department of licensing for real estate brokers and salespersons.~~

~~(8) "Unsupervised" means not in the presence of:~~

~~(a) Another employee or volunteer from the same business or organization as the applicant; or~~

(b) Any relative or guardian of any of the children or developmentally disabled persons or vulnerable adults to which the applicant has access during the course of his or her employment or involvement with the business or organization.

(9) "Vulnerable adult" means "vulnerable adult" as defined in chapter 74.34 RCW, except that for the purposes of requesting and receiving background checks pursuant to RCW 43.43.832, it shall also include adults of any age who lack the functional, mental, or physical ability to care for themselves.

~~(10) "Financial exploitation" means the illegal or improper use of a vulnerable adult or that adult's resources for another person's profit or advantage.~~

~~(11) "Agency" means any person, firm, partnership, association, corporation, or facility which receives, provides services to, houses or otherwise cares for vulnerable adults.~~)) has the same meaning as in RCW 10.97.030 except that the following are not considered conviction records for the purposes of RCW 43.43.830 through 43.43.845 and sections 15 through 20 of this act: (a) Convictions that have been expunged, reversed, or vacated as the result of a final determination by a court of competent jurisdiction; and (b) records of criminal proceedings that have been sealed by an order of a court of competent jurisdiction.

(7) "Credentialing authority" means a state agency, board, disciplining authority, or body authorized to grant, deny, suspend, or revoke a state credential.

(8) "Department" means the department of social and health services.

(9) "Dependency adjudication" means a final adjudication in a dependency action under chapter 13.34 RCW that includes a finding of physical or sexual abuse, neglect, or exploitation of a child.

(10) "Disciplinary board final decisions" means final decisions issued by the secretary of the department of health, a disciplining authority under chapter 18.130 RCW, the personnel appeals board, or the director of the department of licensing which include a finding of abuse, abandonment, neglect, or exploitation of a child or vulnerable adult.

(11) "Disciplining authority" has the same meaning as in RCW 18.130.020.

(12) "FBI" means the federal bureau of investigation.

(13) "Individual" means any natural person.

(14) "Involvement" or "involved with" means working for a business or organization for compensation, consideration, or as a volunteer. Individuals involved with a business or organization may include, but are not limited to employees, contractors, trainees, student interns, and volunteers.

(15) "Lawful source" means an entity licensed to do business in this state or any other jurisdiction.

(16) "May have unsupervised access" means unsupervised access that will or may occur as part of an individual's assigned job duties or that will or may occur as a likely consequence of the work environment.

(17) "Nonprofit business or organization" means a nongovernmental business or organization that operates for any lawful purpose where no part of its income is distributable to its owners, members, directors, or officers.

(18) "Protection orders" means court orders, other than ex parte or temporary orders, issued for the purpose of protecting someone from contact, harassment, or domestic violence. Protection orders include criminal antiharassment orders issued under chapter 9A.46 RCW; civil antiharassment protection orders issued under chapter 10.14 RCW; domestic violence no contact orders issued under chapter 10.99 RCW; dissolution decree restraining orders issued under chapter 26.09 RCW; nonparental custody action restraining orders issued under chapter 26.10 RCW; uniform parenting act restraining orders issued under chapter 26.26 RCW; domestic violence protection orders issued under chapter 26.50 RCW; and orders for protection of vulnerable adults issued under chapter 74.34 RCW.

(19) "Secretary" means the secretary of the department.

(20) "State credential" means a license, permit, certificate, or registration issued to a health professional under chapter 18.130 RCW or to a teacher under chapter 28A.410 RCW. An "initial state credential" means the first credential obtained by an individual and does not include an expansion, renewal, continuation, or reinstatement of the credential.

(21) "State patrol" means the Washington state patrol.

(22) "Unsupervised access" means access, for more than a nominal period of time, outside the presence of: (a) Another person who has cleared a background check; or (b) any relative or guardian of the child or vulnerable adult to which the individual may have unsupervised access. For the purposes of this subsection, a person has "cleared a background check" when the business or organization, using the results of its background check investigation, determines the individual is suitable to have unsupervised access to children or vulnerable adults.

(23) "Volunteer" means a person who: (a) Performs any assigned or authorized duty for the state, its political subdivisions, any federally recognized Indian tribe, the federal government, or a business or organization; (b) receives no wages; and (c) may be voluntarily granted maintenance and reimbursement for actual expenses incurred in the performance of his or her duties.

(24) "Vulnerable adult" means an individual over the age of sixteen who lacks the functional, mental, or physical ability to care for himself or herself, including persons found incapacitated under chapter 11.88 RCW; individuals with developmental disabilities as defined in chapter 71A.10 RCW; individuals admitted to any long-term care facility that is licensed or required to be licensed under chapter 18.20, 18.51, 72.36, or 70.128 RCW; and individuals receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW.

Sec. 10. RCW 43.43.832 and 1995 c 250 s 2 are each amended to read as follows:

(((1) The legislature finds that businesses and organizations providing services to children, developmentally disabled persons, and vulnerable adults need adequate information to determine which employees or licensees to hire or engage. The legislature further finds that many developmentally disabled individuals and vulnerable adults desire to hire their own employees directly and also need adequate information to determine which employees or licensees to hire or engage. Therefore, the Washington state patrol criminal identification system may disclose, upon the request of a business or organization as defined in RCW 43.43.830, a developmentally disabled person, or a vulnerable adult as defined in RCW 43.43.830 or his or her guardian, an applicant's record for convictions of offenses against children or other persons, convictions for crimes relating to financial exploitation, but only if the victim was a vulnerable adult, adjudications of child abuse in a civil action, the issuance of a protection order against the respondent under chapter 74.34 RCW, and disciplinary board final decisions and any subsequent criminal charges associated with the conduct that is the subject of the disciplinary board final decision. When necessary, applicants may be employed on a conditional basis pending completion of such a background investigation.

(2) The legislature also finds that the state board of education may request of the Washington state patrol criminal identification system information regarding a certificate applicant's record for convictions under subsection (1) of this section.

(3) The legislature also finds that law enforcement agencies, the office of the attorney general, prosecuting authorities, and the department of social and health services may request this same information to aid in the investigation and prosecution of child, developmentally disabled person, and vulnerable adult abuse cases and to protect children and adults from further incidents of abuse.

(4) The legislature further finds that the department of social and health services, when considering persons for state positions directly responsible for the care, supervision, or treatment of children, developmentally disabled persons, or vulnerable adults or when licensing or authorizing such persons or agencies pursuant to its authority under chapter 74.15, 18.51, 18.20, or 72.23 RCW, or any later-enacted statute which purpose is to license or regulate a facility which handles vulnerable adults, must consider the information listed in subsection (1) of this section. However, when necessary, persons may be employed on a conditional basis pending completion of the background investigation. The Washington personnel resources board shall adopt rules to accomplish the purposes of this subsection as it applies to state employees.))

The state patrol shall furnish, in response to any lawful request, conviction records and other background check information maintained in its data base customarily used to provide such information.

Sec. 11. RCW 43.43.842 and 1992 c 104 s 1 are each amended to read as follows:

(1) ((The secretary of social and health services and the secretary of health shall adopt additional requirements for the licensure or relicensure of agencies or facilities which provide care and treatment to vulnerable adults. These additional requirements shall ensure that any person associated with a licensed agency or facility having direct contact with a vulnerable adult shall not have been: (a) Convicted of a crime against persons as defined in RCW 43.43.830, except as provided in this section; (b) convicted of crimes relating to financial exploitation as defined in RCW 43.43.830, except as provided in this section; (c) found in any disciplinary board final decision to have abused a vulnerable adult under RCW 43.43.830; or (d) the subject in a protective proceeding under chapter 74.34 RCW.

(2) The rules adopted under this section shall permit the licensee to consider the criminal history of an applicant for employment in a licensed facility when the applicant has one or more convictions for a past offense and:

(a) The offense was simple assault, assault in the fourth degree, or the same offense as it may be renamed, and three or more years have passed between the most recent conviction and the date of application for employment;

~~(b) The offense was prostitution, or the same offense as it may be renamed, and three or more years have passed between the most recent conviction and the date of application for employment;~~

(c) The offense was theft in the third degree, or the same offense as it may be renamed, and three or more years have passed between the most recent conviction and the date of application for employment;

(d) The offense was theft in the second degree, or the same offense as it may be renamed, and five or more years have passed between the most recent conviction and the date of application for employment;

~~(e) The offense was forgery, or the same offense as it may be renamed, and five or more years have passed between the most recent conviction and the date of application for employment.~~

~~The offenses set forth in (a) through (e) of this subsection do not automatically disqualify an applicant from employment by a licensee.~~)) The secretary and the secretary of health shall adopt in rule additional requirements for the licensure or relicensure of agencies or facilities that provide care and treatment to vulnerable adults. These additional requirements shall ensure that any person associated with a licensed agency or facility having direct contact with a vulnerable adult shall not have been:

(a) Convicted of an offense set forth in section 6 of this act, or adopted in rule under subsection (2) of this section;

(b) Found in any disciplinary board final decision to have abused a vulnerable adult; or

(2) Nothing in this section may be construed to require the employment of any person against a licensee's judgment.

((In consultation with law enforcement personnel, the secretary of social and health services and the secretary of health shall investigate the conviction record and the protection proceeding record information under chapter 43.43 RCW of each agency or facility and its staff under their respective jurisdictions seeking licensure or relicensure.))

(3) The secretaries shall use the information solely for the purpose of determining eligibility for licensure or relicensure. Criminal justice agencies shall provide the secretaries such information as they may have and that the secretaries may require for such purpose.

NEW SECTION. Sec. 12. A new section is added to chapter 43.43 RCW to read as follows:

(1) An individual employed by the state in a position allowing unsupervised access to children or vulnerable adults shall report to his or her supervisor any conviction occurring after the effective date of this section for an offense adopted by rule under section 2 of this act. The report must be made within seven days of the conviction.

(2) Failure by an individual to report a conviction shall be considered in any subsequent disciplinary action.

Sec. 13. RCW 43.43.834 and 1990 c 3 s 1103 are each amended to read as follows:

(1) ((A business or organization shall not make an inquiry to the Washington state patrol under RCW 43.43.832 or an equivalent inquiry to a federal law enforcement agency unless the business or organization has notified the applicant who has been offered a position as an employee or volunteer, that an inquiry may be made.

~~(2) A business or organization shall require each applicant to disclose to the business or organization whether the applicant has been:~~

~~(a) Convicted of any crime against children or other persons;~~

~~(b) Convicted of crimes relating to financial exploitation if the victim was a vulnerable adult;~~

~~(c) Found in any dependency action under RCW 13.34.040 to have sexually assaulted or exploited any minor or to have physically abused any minor;~~

~~(d) Found by a court in a domestic relations proceeding under Title 26 RCW to have sexually abused or exploited any minor or to have physically abused any minor;~~

(e) Found in any disciplinary board final decision to have sexually or physically abused or exploited any minor or developmentally disabled person or to have abused or financially exploited any vulnerable adult; or

~~(f) Found by a court in a protection proceeding under chapter 74.34 RCW, to have abused or financially exploited a vulnerable adult.~~

The disclosure shall be made in writing and signed by the applicant and sworn under penalty of perjury. The disclosure sheet shall specify all crimes against children or other persons and all crimes relating to financial exploitation as defined in RCW 43.43.830 in which the victim was a vulnerable adult.

~~(3) The business or organization shall pay such reasonable fee for the records check as the state patrol may require under RCW 43.43.838.~~

(4) The business or organization shall notify the applicant of the state patrol's response within ten days after receipt by the business or organization. The employer shall provide a copy of the response to the applicant and shall notify the applicant of such availability.

(5) The business or organization shall use this record only in making the initial employment or engagement decision. Further dissemination or use of the record is prohibited. A business or organization violating this subsection is subject to a civil action for damages.

~~(6) An insurance company shall not require a business or organization to request background information on any employee before issuing a policy of insurance.~~

~~(7) The~~)) Unless otherwise required by law, a business or organization is not required to conduct a background check on an individual who may have unsupervised access to children or vulnerable adults. A business and organization shall be immune from civil liability for failure to request background information on an ((~~applicant~~)) individual unless the failure to do so constitutes gross negligence.

(2) Any business or organization that conducts a background check on an individual who may have unsupervised access to children or vulnerable adults shall:

(a) Notify the individual that such investigation will be made and, if the investigation will be performed by someone other than the business or organization, identify who will conduct the investigation;

(b) Notify the individual of the results of the background check within ten days after completion or receipt by the business or organization; and

(c) When requesting or receiving information from the state patrol, acknowledge in writing, on a form provided by the state patrol, that the absence of a state patrol record does not mean the individual has no criminal record, or adverse civil or administrative decision, nor does it represent a determination by the state patrol that the individual is suitable to have unsupervised access to children or vulnerable adults.

(3) In addition to the requirements of subsection (2) of this section, any business or organization that conducts a fingerprint-based background check through the state patrol on an individual who may have unsupervised access to children or vulnerable adults shall:

(a) Notify the individual that such investigation will be made and require the individual to furnish a full set of fingerprints to the state patrol;

(b) Submit any fees and other information required by the state patrol in rules; and

(c) Acknowledge in writing, on a form provided by the state patrol, that the absence of a state patrol record does not mean the individual has no criminal record, or adverse civil or administrative decision, nor does it represent a determination by the state patrol that the individual is suitable to have unsupervised access to children or vulnerable adults.

Sec. 14. RCW 43.43.838 and 1995 c 29 s 1 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, disciplinary board final decision and any subsequent criminal charges associated with the conduct that is the subject of the disciplinary board final decision, or civil adjudication 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; or~~

(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).

After processing the request, if the conviction record, disciplinary board final decision and any subsequent criminal charges associated with the conduct that is the subject of the disciplinary board final decision, or adjudication record shows no evidence of a crime against children or other persons or, in the case of vulnerable adults, no evidence of crimes relating to financial exploitation in which the victim was a vulnerable adult, an identification declaring the showing of no evidence shall be issued to the business or organization by the state patrol and shall be issued within fourteen working days of the request. The business or organization shall provide a copy of the identification declaring the showing of no evidence to the applicant. Possession of such identification shall satisfy future record check requirements for the applicant for a two-year period unless the prospective employee is any current school district employee who has applied for a position in another school district.

(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: PROVIDED, That no fee shall be charged to a nonprofit organization for the records check: PROVIDED FURTHER, That)) The state patrol shall adopt rules to implement chapter . . ., Laws of 1997 (this act). The rules shall include, at a minimum:

(a) Provisions for verifying when a nongovernment business or organization is nonprofit; and

(b) Procedures, forms, and a fee schedule for background checks processed by the state patrol under this chapter.

(2) The provisions and procedures adopted by the state patrol under subsection (1) of this section shall include, to the greatest extent possible, alternatives that encourage businesses and organizations and individuals to request and receive information electronically.

(3) The fee schedule adopted by the state patrol under subsection (1) of this section shall cover, as nearly as practicable, the direct and indirect costs to the state patrol for processing the checks authorized under this chapter. The fee schedule shall reflect the following:

(a) No fee may be charged to a nonprofit business or organization for any conviction record check or background check certified by the nonprofit business or organization to be an initial check on an individual who may have unsupervised access to children or vulnerable adults; and

(b) The differences in processing costs to the state patrol resulting from differences in (i) the types of background checks requested; (ii) the methods used to request and receive background check information; (iii) the volume of background checks requested by a business or organization; and (iv) any other relevant factors affecting processing costs.

(4) 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 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.))

NEW SECTION. Sec. 15. A new section is added to chapter 43.43 RCW to read as follows:

A business or organization may obtain conviction records and background check information from any lawful source, except that state government agencies must obtain conviction records from the state patrol. A business or organization may delegate to another individual or entity its authority to request or receive information under this chapter.

NEW SECTION. Sec. 16. A new section is added to chapter 43.43 RCW to read as follows:

If any information is released under this chapter by the state of Washington, the state and its employees: (1) Make no representation that the subject of the inquiry has no criminal record or adverse civil or administrative decisions; (2) make no determination that the subject of the inquiry is suitable for involvement with a business or organization; and (3) are not liable for defamation, invasion of privacy, negligence, or any other claim in connection with any lawful dissemination of information.

NEW SECTION. Sec. 17. A new section is added to chapter 43.43 RCW to read as follows:

An insurance company may not require, as a condition of issuing a policy of insurance, that a business or organization conduct background checks on individuals who may have unsupervised access to children or vulnerable adults.

NEW SECTION. Sec. 18. A new section is added to chapter 43.43 RCW to read as follows:

No individual or business or organization, nor any employee of a business or organization, is liable for defamation, invasion of privacy, negligence, or any other claim in connection with any lawful dissemination of information authorized under this chapter.

NEW SECTION. Sec. 19. A new section is added to chapter 43.43 RCW to read as follows:

(1) A business or organization shall require each individual seeking involvement with the business or organization in a position where the individual may have unsupervised access to children or vulnerable adults to disclose the following information as part of the application:

(a) Convictions for any of the offenses identified in section 6 of this act and, where applicable, offenses adopted in rule under section 6 of this act;

(b) Adverse dependency adjudications;

(d) Adverse protection orders.

(2) The disclosure shall be made in writing, signed by the individual, and sworn under penalty of perjury. The disclosure form shall specify all crimes identified in section 6 of this act and, where applicable, offenses adopted in rules under section 6 of this act.

NEW SECTION. Sec. 20. A new section is added to chapter 43.43 RCW to read as follows:

(1) Individuals who seek to volunteer with a business or organization where they may have unsupervised access to children or vulnerable adults may request from the state patrol a certified copy of their background check record.

(2) Businesses and organizations may require individuals, other than those with valid state credentials, to obtain certified copies of their background check records from the state patrol before engaging them as volunteers in positions where they may have unsupervised access to children or vulnerable adults. A business or organization may accept a valid state credential or a certified copy of an individual's background check record in lieu of requesting a background check through the state patrol. When a business or organization relies on a valid state credential or a certified copy of a background check record to determine the individual's suitability for involvement with the business or organization, the business or organization understands and accepts the risk that a conviction or an adverse civil or administrative decision may have occurred since the date of issuance of the state credential or certified copy of the background check record.

(3) An individual requesting a certified copy of his or her background check record shall comply with the process and fee requirements established by the state patrol in rules.

(4) A certified copy of a background check record is not valid for more than two years from the date issued by the state patrol.

NEW SECTION. Sec. 21. The state patrol shall examine the feasibility and costs associated with creating a reliable, electronically available data base for storing and disseminating background check information regarding those civil adjudications, court orders, and administrative decisions that are required to be reported to the state patrol under RCW 43.43.840. The state patrol shall prepare a report of the results of its examination and submit the report to the governor and the legislature no later than January 1, 1998. All agencies required to report information to the state patrol shall cooperate in the examination, and the state patrol shall consult regularly with the agencies during its examination and report preparation.

NEW SECTION. Sec. 22. A new section is added to chapter 18.130 RCW to read as follows:

(1) This section applies to individuals who apply for an initial license for a health profession under this chapter on or after the effective date of this section.

(2) Under RCW 18.130.050(13), the disciplining authority shall conduct a background check on each applicant for an initial license. The background check shall include:

(a) A fingerprint-based state background check through the state patrol; and

(b) A national conviction record check through the federal bureau of investigation.

(3) The disciplining authority shall:

(a) Notify the individual applying for an initial license that, subject to the provisions of subsection (5) of this section, a background check must be completed before the license is issued;

(b) Require the individual to furnish two full sets of fingerprints to the state patrol, one of which shall be used for exchange with the federal bureau of investigation;

(d) Acknowledge in writing, on a form provided by the state patrol, that the absence of a state patrol or federal bureau of investigation record does not mean the individual has no criminal record, or adverse civil or administrative decision, nor does it represent a determination by the state patrol that the individual is suitable to obtain an initial license;

(e) Notify the individual of the results of the background check within ten days after receipt by the disciplining authority if a conviction record, adverse disciplinary board final decision, dependency adjudication, or protection order was found; and

(f) Restrict use of the background check results to determining the individual's suitability for an initial license.

(4) The expense of the background check and obtaining fingerprint data shall be paid by the individual applying for his or her initial license.

(5) The disciplining authority may, by rule, determine appropriate circumstances for granting a conditional license, pending completion of the national investigation after the applicant has completed the fingerprint-based state background check through the state patrol.

(6) This section does not limit the authority of the disciplining authority to investigate the suitability of individuals through other public records including adverse civil or administrative proceedings.

(7) For the purposes of this section, "adverse civil or administrative proceedings" means:

(a) An adverse dependency adjudication where there is a final adverse adjudication in a dependency action under chapter 13.34 RCW that includes a finding of physical or sexual abuse, neglect, or exploitation of a child;

(b) Disciplinary board final decisions that include final decisions issued by the secretary of the department of health, a disciplining authority under chapter 18.130 RCW, the personnel appeals board, or the director of the department of licensing which include a finding of abuse, abandonment, neglect, or exploitation of a child or vulnerable adult; or

(c) Protection orders that include court orders, other than ex parte or temporary orders, issued for the purpose of protecting someone from contact, harassment, or domestic violence. Protection orders include criminal antiharassment orders issued under chapter 9A.46 RCW; civil antiharassment protection orders issued under chapter 10.14 RCW; domestic violence no contact orders issued under chapter 10.99 RCW; dissolution decree restraining orders issued under chapter 26.09 RCW; nonparental custody action restraining orders issued under chapter 26.10 RCW; uniform parenting act restraining orders issued under chapter 26.26 RCW; domestic violence protection orders issued under chapter 26.50 RCW; and orders for protection of vulnerable adults issued under chapter 74.34 RCW.

NEW SECTION. Sec. 23. A new section is added to chapter 18.130 RCW to read as follows:

(1) The disqualification provisions of this section apply to those individuals required to undergo the conviction record checks provided for in section 22 of this act.

(2) A conviction for one or more of the following offenses shall permanently disqualify an individual identified in subsection (1) of this section from obtaining a license issued under this chapter:

(a) Aggravated murder;

(b) First degree murder;

(d) First or second degree assault;

(e) First, second, or third degree assault of a child;

(f) First, second, or third degree rape;

(g) First, second, or third degree rape of a child;

(h) First or second degree robbery;

(i) First degree arson;

(j) First degree burglary;

(k) Indecent liberties;

(l) First degree extortion;

(m) Incest;

(n) First degree promoting prostitution;

(o) Sexual exploitation of minors;

(p) First degree criminal mistreatment;

(q) Child abuse or neglect as defined in RCW 26.44.020;

(r) First, second, or third degree child molestation;

(s) First or second degree sexual misconduct with a minor;

(t) Child buying or selling;

(u) Felony indecent exposure; and

(v) Any federal or out-of-state equivalent to any of the offenses listed in this subsection.

(3) The disciplining authority may identify, in rule, additional offenses that are directly related to an individual's suitability to obtain an initial license and that may disqualify an individual from receiving such a license. The rules may distinguish between offenses for which disqualification must be made and offenses for which disqualification is discretionary, and the appropriate periods of time for which the specified offenses shall act to disqualify individuals.

(4) In determining whether to disqualify an individual under subsection (3) of this section, the disciplining authority shall consider:

(a) The likelihood and extent that the individual may have unsupervised access to children or vulnerable adults as a result of the license;

(b) The age of the individual at the time of the conviction;

(d) Evidence of conduct subsequent to the conviction relating to the individual's suitability to obtain an initial license; and

(e) The appropriateness of issuing a license with conditions as provided for in this chapter.

NEW SECTION. Sec. 24. A new section is added to chapter 18.130 RCW to read as follows:

(1) An individual with a license issued under this chapter shall report to the appropriate disciplining authority any conviction occurring after the effective date of this section for an offense set forth in, or adopted in rule under, section 23 of this act. The report must be made within seven days of the conviction.

(2) The disciplining authorities shall adopt rules to implement this section.

(3) Failure by an individual to report a conviction shall be considered by the disciplining authority in any application for renewal or reinstatement of the license.

(4) When an individual required to report under subsection (1) of this section is employed, the individual shall also report the conviction to his or her employer within seven days of the conviction.

NEW SECTION. Sec. 25. A new section is added to chapter 2.04 RCW to read as follows:

If the court reaches a final determination of a criminal appeal and the determination results in a dismissal, reversal, or vacation of a conviction, the court shall furnish notice of its determination to the identification section of the Washington state patrol.

NEW SECTION. Sec. 26. A new section is added to chapter 2.06 RCW to read as follows:

Sec. 27. RCW 74.15.030 and 1995 c 302 s 4 are each amended to read as follows:

The secretary shall have the power and it shall be the secretary's duty:

(1) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages, sex and other characteristics of persons served, variations in the purposes and services offered or size or structure of the agencies to be licensed hereunder, or because of any other factor relevant thereto;

(2) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed.

The minimum requirements shall be limited to:

(a) The size and suitability of a facility and the plan of operation for carrying out the purpose for which an applicant seeks a license;

(b) The character, suitability and competence of an agency and other persons associated with an agency directly responsible for the care and treatment of children, expectant mothers or developmentally disabled persons. In consultation with law enforcement personnel, the secretary shall investigate the conviction record or pending charges and dependency record information under chapter 43.43 RCW of each agency and its staff seeking licensure or relicensure. In order to determine the suitability of applicants for an agency license, licensees, their employees, and other persons who have unsupervised access to children in care, and who have not resided in the state of Washington during the three-year period before being authorized to care for children shall be fingerprinted. The fingerprints shall be forwarded to the Washington state patrol and federal bureau of investigation for a criminal history records check. ((The fingerprint criminal history records checks will be at the expense of the licensee except that in the case of a foster family home, if this expense would work a hardship on the licensee, the department shall pay the expense. The licensee may not pass this cost on to the employee or prospective employee, unless the employee is determined to be unsuitable due to his or her criminal history record.)) The secretary shall use the information solely for the purpose of determining eligibility for a license and for determining the character, suitability, and competence of those persons or agencies, excluding parents, not required to be licensed who are authorized to care for children, expectant mothers, and developmentally disabled persons. Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose;

(c) The number of qualified persons required to render the type of care and treatment for which an agency seeks a license;

(d) The safety, cleanliness, and general adequacy of the premises to provide for the comfort, care and well-being of children, expectant mothers or developmentally disabled persons;

(e) The provision of necessary care, including food, clothing, supervision and discipline; physical, mental and social well-being; and educational, recreational and spiritual opportunities for those served;

(f) The financial ability of an agency to comply with minimum requirements established pursuant to chapter 74.15 RCW and RCW 74.13.031; and

(g) The maintenance of records pertaining to the admission, progress, health and discharge of persons served;

(3) To investigate any person, including relatives by blood or marriage except for parents, for character, suitability, and competence in the care and treatment of children, expectant mothers, and developmentally disabled persons prior to authorizing that person to care for children, expectant mothers, and developmentally disabled persons. However, if a child is placed with a relative under RCW 13.34.060 or 13.34.130, and if such relative appears otherwise suitable and competent to provide care and treatment the criminal history background check required by this section need not be completed before placement, but shall be completed as soon as possible after placement;

(4) On reports of child abuse and neglect, to investigate agencies in accordance with chapter 26.44 RCW, including child day-care centers and family day-care homes, to determine whether the abuse or neglect has occurred, and whether child protective services or referral to a law enforcement agency is appropriate;

(5) To issue, revoke, or deny licenses to agencies pursuant to chapter 74.15 RCW and RCW 74.13.031. Licenses shall specify the category of care which an agency is authorized to render and the ages, sex and number of persons to be served;

(6) To prescribe the procedures and the form and contents of reports necessary for the administration of chapter 74.15 RCW and RCW 74.13.031 and to require regular reports from each licensee;

(7) To inspect agencies periodically to determine whether or not there is compliance with chapter 74.15 RCW and RCW 74.13.031 and the requirements adopted hereunder;

(8) To review requirements adopted hereunder at least every two years and to adopt appropriate changes after consultation with the child care coordinating committee and other affected groups for child day-care requirements and with the children's services advisory committee for requirements for other agencies; and

(9) To consult with public and private agencies in order to help them improve their methods and facilities for the care of children, expectant mothers and developmentally disabled persons.

Sec. 28. RCW 28A.195.010 and 1993 c 336 s 1101 are each amended to read as follows:

The legislature hereby recognizes that private schools should be subject only to those minimum state controls necessary to insure the health and safety of all the students in the state and to insure a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for private schools except as hereinafter in this section provided.

Principals of private schools or superintendents of private school districts shall file each year with the state superintendent of public instruction a statement certifying that the minimum requirements hereinafter set forth are being met, noting any deviations. After review of the statement, the state superintendent will notify schools or school districts of those deviations which must be corrected. In case of major deviations, the school or school district may request and the state board of education may grant provisional status for one year in order that the school or school district may take action to meet the requirements. Minimum requirements shall be as follows:

(1) The minimum school year for instructional purposes shall consist of no less than one hundred eighty school days or the equivalent in annual minimum program hour offerings as prescribed in RCW 28A.150.220.

(2) The school day shall be the same as that required in RCW 28A.150.030 and 28A.150.220, except that the percentages of total program hour offerings as prescribed in RCW 28A.150.220 for basic skills, work skills, and optional subjects and activities shall not apply to private schools or private sectarian schools.

(3) All classroom teachers shall hold appropriate Washington state certification except as follows:

(a) Teachers for religious courses or courses for which no counterpart exists in public schools shall not be required to obtain a state certificate to teach those courses.

(b) In exceptional cases, people of unusual competence but without certification may teach students so long as a certified person exercises general supervision. Annual written statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances.

(4) An approved private school may operate an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody. The extension program shall require at a minimum that:

(a) The parent, guardian, or custodian be under the supervision of an employee of the approved private school who is certified under chapter 28A.410 RCW;

(b) The planning by the certified person and the parent, guardian, or person having legal custody include objectives consistent with this subsection and subsections (1), (2), (5), (6), and (7) of this section;

(c) The certified person spend a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the approved private school extension program;

(d) Each student's progress be evaluated by the certified person; and

(e) The certified employee shall not supervise more than thirty students enrolled in the approved private school's extension program.

(5) Appropriate measures shall be taken to safeguard all permanent records against loss or damage.

(6) The physical facilities of the school or district shall be adequate to meet the program offered by the school or district: PROVIDED, That each school building shall meet reasonable health and fire safety requirements. However, the state board shall not require private school students to meet the student learning goals, obtain a certificate of mastery to graduate from high school, to master the essential academic learning requirements, or to be assessed pursuant to RCW 28A.630.885. However, private schools may choose, on a voluntary basis, to have their students master these essential academic learning requirements, take these assessments, and obtain certificates of mastery. A residential dwelling of the parent, guardian, or custodian shall be deemed to be an adequate physical facility when a parent, guardian, or person having legal custody is instructing his or her child under subsection (4) of this section.

(7) Private school curriculum shall include instruction of the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music, all in sufficient units for meeting state board of education graduation requirements.

(8) Each school or school district shall be required to maintain up-to-date policy statements related to the administration and operation of the school or school district.

(9) All employees hired after the effective date of this section who will have regularly scheduled unsupervised access to children are subject to the record check requirements in RCW 28A.400.303.

All decisions of policy, philosophy, selection of books, teaching material, curriculum, except as provided in subsection (7) ((~~above provided~~)) of this section, school rules and administration, or other matters not specifically referred to in this section, shall be the responsibility of the administration and administrators of the particular private school involved.

NEW SECTION. Sec. 29. RCW 72.23.035 and 1989 c 334 s 12 are each repealed.

NEW SECTION. Sec. 30. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

SSB 5528 - S AMD - 241

By Senators Kohl, Zarelli and West

On page 1, line 2 of the title, after "checks;" strike the remainder of the title and insert "amending RCW 9.96A.020, 41.06.475, 43.20A.710, 43.43.815, 43.43.830, 43.43.832, 43.43.842, 43.43.834, 43.43.838, 74.15.030, and 28A.195.010; adding new sections to chapter 43.20A RCW; adding new sections to chapter 43.43 RCW; adding new sections to chapter 18.130 RCW; adding a new section to chapter 2.04 RCW; adding a new section to chapter 2.06 RCW; creating a new section; and repealing RCW 72.23.035."