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S1477.................................................by HEALTH AND WELFARE PRIVATE SCHOOL - EMPLOYEES - Amends existing law to require that any person who owns, operates or is employed by a private school for educational purposes for children four through six years of age or a private kindergarten shall comply with the criminal history checks as required for basic day care licenses. 02/18 Senate intro - 1st rdg - to printing 02/21 Rpt prt - to Health/Wel 02/25 Rpt out - rec d/p - to 2nd rdg 02/28 2nd rdg - to 3rd rdg 03/02 3rd rdg - PASSED - 32-0-3 AYES--Andreason, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Walton, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Boatright, Frasure, Riggs Floor Sponsor - McLaughlin Title apvd - to House 03/03 House intro - 1st rdg - to Health/Wel 03/17 Rpt out - rec d/p - to 2nd rdg 03/20 2nd rdg - to 3rd rdg 03/29 3rd rdg - PASSED - 38-30-2 AYES -- Bieter, Black, Boe, Bruneel, Chase, Cheirrett, Cuddy, Deal, Denney, Ellsworth, Field(13), Gagner, Gould, Hansen(23), Hansen(29), Henbest, Jaquet, Jones, Judd, Kellogg, Kempton, Mader, Marley, Meyer, Montgomery, Pomeroy, Reynolds, Ringo, Robison, Sellman, Shepherd, Smith, Smylie, Stoicheff, Stone, Taylor, Trail, Zimmermann NAYS -- Alltus, Barraclough, Barrett, Bell, Callister, Campbell, Clark, Crow, Field(20), Geddes, Hadley, Hammond, Hornbeck, Kendell, Kunz, Lake, Linford, Loertscher, McKague, Mortensen, Moss, Moyle, Pearce, Ridinger, Sali, Schaefer, Stevenson, Tilman, Wheeler, Wood Absent and excused -- Pischner, Mr Speaker Floor Sponsor - Henbest Title apvd - to Senate 03/30 To enrol - rpt enrol - Pres signed 03/31 Sp signed 04/03 To Governor 04/04 Governor signed Session Law Chapter 191 Effective: 07/01/00
S1477|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE SENATE SENATE BILL NO. 1477 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO CRIMINAL HISTORY CHECKS AND THE BASIC DAY CARE LICENSE; AMENDING 3 SECTION 39-1105, IDAHO CODE, TO REQUIRE THAT ANY PERSON WHO OWNS, OPERATES 4 OR IS EMPLOYED BY A PRIVATE SCHOOL FOR EDUCATIONAL PURPOSES FOR CHILDREN 5 FOUR THROUGH SIX YEARS OF AGE OR A PRIVATE KINDERGARTEN SHALL COMPLY WITH 6 THE CRIMINAL HISTORY CHECK REQUIREMENTS FOR BASIC DAY CARE LICENSURE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 39-1105, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 39-1105. CRIMINAL HISTORY CHECKS. (1) The department shall obtain a 11 criminal history check on the owners, operators and employees of a day care 12 center who have direct contact with children, and on all volunteers and other 13 individuals twelve (12) years of age or older who have unsupervised direct 14 contact with children in a day care center. The criminal history check shall 15 include the following for all persons subject to the provisions of this sec- 16 tion who are eighteen (18) years of age or older: 17 (la) Statewide criminal identification bureau; 18 (2b) Federal bureau of investigation (FBI) criminal history; 19 (3c) National crime information center; and 20 (4d) Statewide child abuse register. 21 (2) Criminal history checks on those persons under eighteen (18) years of 22 age shall include a check of the juvenile justice records of adjudications of 23 the magistrate division of the district court, county probation services and 24 department of health and welfare records as authorized by the minor and his 25 parent or guardian. 26 (3) Notwithstanding the provisions of section 39-1103, Idaho Code, which 27 provide for exemption from the provisions of this chapter, any person who 28 owns, operates or is employed by a private school for educational purposes for 29 children four (4) through six (6) years of age or a private kindergarten shall 30 comply with the provisions of this section.
STATEMENT OF PURPOSE RS 10135 The safety of our children should be the highest priority for the state. Sexual child abuse is one of the fastest- growing crimes in the nation. The Idaho Code as currently written for day care could allow providers and employees of some schools for preschool-aged children to be exempt from background checks. This legislation addresses that concern and requires operators of a private kindergarten or preschool for children over 4 years of age to have a background check. FISCAL IMPACT There will be no cost to state government. The cost of the background check would be paid by either the employer or employee. Contact Name: Senator Marguerite McLaughlin Phone: 332-1357 STATEMENT OF PURPOSE/FISCAL NOTE S 1477