AN ACT Relating to making the background check requirements for employees consistent with background check requirements for service providers, agencies, and entities serving vulnerable adults and children; adding a new section to chapter 9.96A RCW; adding new sections to chapter 72.40 RCW; adding a new section to chapter 41.06 RCW; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1. It is the intent of the legislature to authorize the department of social and health services to investigate the background of current and future state employees to the same extent and with the same effect as it has authorized the state to investigate the background and exclude from the provision of service current and future care providers, independent contractors, volunteers, and others receiving state dollars when the state employee works or will work in a position that has or may have unsupervised access to any person under the age of eighteen, juveniles under department of social and health services' supervision who may be as old as twenty-one, vulnerable adults as currently defined in statute, and vulnerable persons who may be any age, but lack the ability to care for themselves. The department of social and health services must coordinate with the department of personnel to develop rules that address the procedures for undertaking background checks, and specifically what action would be taken against a current employee who is disqualified from his or her current position because of a background check not previously performed. Current employees would not be subject to a check under the provisions of this act until one year from the effective date of this act.

NEW SECTION. Sec. 2. A new section is added to chapter 9.96A RCW to read as follows:

This chapter is not applicable to the department of social and health services when employing a person, who in the course of his or her employment, has or may have unsupervised access to any person who is under the age of eighteen, who is under the age of twenty-one and has been sentenced to a term of confinement under the supervision of the department of social and health services under chapter 13.40 RCW, who is a vulnerable adult under chapter 74.34 RCW, or who is a vulnerable person. For purposes of this section "vulnerable person" means an adult of any age who lacks the functional, mental, or physical ability to care for himself or herself.

NEW SECTION. Sec. 3. A new section is added to chapter 72.40 RCW to read as follows:

The state school for the deaf and the state school for the blind shall require a record check through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030, and 10.97.050 and through the federal bureau of investigation before hiring an employee who will have regularly scheduled unsupervised access to children. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The requesting school shall provide a copy of the record report to the applicant. When necessary, applicants may be employed on a conditional basis pending completion of the investigation. If the applicant has had a record check within the previous two years, the school may waive the requirement.

NEW SECTION. Sec. 4. A new section is added to chapter 72.40 RCW to read as follows:

The state school for the deaf and the state school for the blind may adopt rules to implement this act.

NEW SECTION. Sec. 5. A new section is added to chapter 41.06 RCW to read as follows:

The board shall amend any existing rules established under RCW 41.06.475 and adopt rules developed in cooperation and agreement with the department of social and health services to implement the provisions of this act.

NEW SECTION. Sec. 6. Any background check performed on current employees under this act shall not occur until one year from the effective date of this act.

NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.