READ FIRST TIME 02/25/05.   

     AN ACT Relating to the joint task force on criminal background check processes; reenacting and amending 2004 c 41 s 2 (uncodified); providing an expiration date; and declaring an emergency.

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

Sec. 1   2004 c 41 s 2 (uncodified) is reenacted and amended to read as follows:
     (1) A joint task force on criminal background check processes is established. The joint task force shall consist of the following members:
     (a) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
     (b) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
     (c) The chief of the Washington state patrol, or the chief's designee;
     (d) The secretary of the department of social and health services, or the secretary's designee;
     (e) The state superintendent of public instruction, or the superintendent's designee;
     (f) An elected sheriff or police chief, selected by the Washington association of sheriffs and police chiefs; and
     (g) The following ((seven)) eleven members, jointly appointed by the speaker of the house of representatives and the president of the senate:
     (i) A representative from a nonprofit service organization that serves primarily children under sixteen years of age;
     (ii) A health care provider as defined in RCW 7.70.020;
     (iii) A representative from a business or organization that primarily serves persons with a developmental disability ((or vulnerable adults));
     (iv) A representative from a local youth athletic association;
     (v) A representative from the insurance industry; ((and))
     (vi) Two representatives from a local parks and recreation program; one member shall be selected by the association of Washington cities and one member shall be selected by the Washington association of counties;
     (vii) A representative from a for-profit entity that primarily serves children;
     (viii) A representative from a business or organization that primarily serves vulnerable adults;
     (ix) A representative selected by the state's long-term care ombudsman; and
     (x) As a nonvoting ex officio member, a representative of an organization that serves as a clearinghouse for other nonprofit organizations in the state and that recruits volunteers and trains nonprofit boards of directors.
     (2) The task force shall choose two cochairs from among its membership.
     (3) The task force shall review and make recommendations to the legislature and the governor regarding criminal background check policy in Washington state. In preparing the recommendations, the committee shall, at a minimum, review the following issues:
     (a) What state and federal statutes require regarding criminal background checks, and determine whether any changes should be made;
     (b) What criminal offenses are currently reportable through the criminal background check program, and determine whether any changes should be made;
     (c) What information is available through the Washington state patrol and the federal bureau of investigation criminal background check systems, and determine whether any changes should be made;
     (d) What are the best practices among organizations for obtaining criminal background checks on their employees and volunteers;
     (e) What is the feasibility and costs for businesses and organizations to do periodic background checks;
     (f) What is the feasibility of requiring all businesses and organizations, including nonprofit entities, to conduct criminal background checks for all employees, contractors, agents, and volunteers who have regularly scheduled supervised or unsupervised access to children, persons with a developmental disability, or vulnerable adults; ((and))
     (g) What is the feasibility of establishing a state registration program for private youth sports coaches under which some or all of such persons are required to obtain and disclose to prospective clients and employers a copy of the results of their fingerprint-based criminal background checks;
     (h) A review of the practices of the department of social and health services with respect to checking the backgrounds of its employees, applicants for employment, and candidates for promotion; and
     (i) A review of the benefits and obstacles of implementing a criminal history record information background check program created by the national child protection act of 1993. The national child protection act of 1993 increases the availability of criminal history record information background checks for employers who have employees or volunteers who work with children, elderly persons, or persons with disabilities.
     (4) The task force, where feasible, may consult with individuals from the public and private sector.
     (5) The task force shall use legislative facilities and staff from senate committee services and the house office of program research.
     (6) The task force shall report its findings and recommendations to the legislature by December 31, ((2004)) 2005.

NEW SECTION.  Sec.2   This act expires January 31, 2006.

NEW SECTION.  Sec. 3   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.