2005 Legislation
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SENATE BILL NO. 1037 – Child/adult, care, background check

SENATE BILL NO. 1037

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Bill Status



S1037................................................by JUDICIARY AND RULES
CRIMINAL BACKGROUND CHECKS - CARE SERVICES - Adds to existing law to
authorize the Department of Health and Welfare to conduct criminal history
background checks on individuals and department employees who provide care
or services that are financially supported, licensed or certified by the
department; to specify procedures; to specify requirements for disclosure
by the applicant; to provide review; to govern disclosure and immunity; and
to limit the purposes of the background check.
                                                                        
01/20    Senate intro - 1st rdg - to printing
01/21    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1037
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND WELFARE TO  CON-
  3        DUCT  CRIMINAL  HISTORY  BACKGROUND CHECKS; AMENDING CHAPTER 10, TITLE 56,
  4        IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-1004A, IDAHO CODE, TO  AU-
  5        THORIZE  THE  DEPARTMENT OF HEALTH AND WELFARE TO CONDUCT CRIMINAL HISTORY
  6        BACKGROUND CHECKS ON INDIVIDUALS AND DEPARTMENT EMPLOYEES WHO PROVIDE CARE
  7        OR SERVICES THAT ARE FINANCIALLY SUPPORTED, LICENSED OR CERTIFIED  BY  THE
  8        DEPARTMENT,  TO SPECIFY PROCEDURES, TO SPECIFY REQUIREMENTS FOR DISCLOSURE
  9        BY THE APPLICANT, TO PROVIDE REVIEW, TO GOVERN DISCLOSURE AND IMMUNITY AND
 10        TO LIMIT PURPOSES OF THE BACKGROUND CHECK.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Chapter 10, Title 56, Idaho Code, be,  and  the  same  is
 13    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 14    ignated as Section 56-1004A, Idaho Code, and to read as follows:
                                                                        
 15        56-1004A.  CRIMINAL HISTORY BACKGROUND CHECKS. (1) To assist in  the  pro-
 16    tection  of  children and vulnerable adults, the legislature hereby authorizes
 17    criminal history background checks of individuals and department employees who
 18    provide care or services to, or have  unsupervised  contact  with,  vulnerable
 19    adults  or  children.  These  may include services or care that is financially
 20    supported, licensed or certified by the department of health and welfare.  The
 21    department  of  health  and  welfare  shall promulgate rules to identify which
 22    individuals must have a fingerprint-based criminal history background check.
 23        (2)  The criminal history background check may include, but is not limited
 24    to, information from the following:
 25        (a)  Statewide criminal identification bureau;
 26        (b)  Federal bureau of investigation (FBI);
 27        (c)  National crime information center;
 28        (d)  Statewide sex offender registry;
 29        (e)  Idaho transportation department driving records;
 30        (f)  Adult and child protection registries; and
 31        (g)  Nurse aide registry.
 32        (3)  Each applicant who is required to complete a criminal  history  back-
 33    ground  check  must  sign  forms  provided  by the department, authorizing the
 34    department to obtain and release information in accordance with state and fed-
 35    eral law. The applicant must disclose  all  information  requested,  including
 36    information on past convictions, driver's license revocations, and valid adult
 37    or child protection findings.
 38        (4)  The  department shall review the information received from the crimi-
 39    nal history background check and determine whether the applicant has a  crimi-
 40    nal  or  other record that would disqualify the individual. The department may
 41    determine which crimes disqualify the applicant and for what period  of  time.
 42    The  applicant  shall  be  provided  an  opportunity for an informal or formal
 43    review of a denial, based on the nature of the applicant's record. The depart-
                                                                        
                                           2
                                                                        
  1    ment  shall  communicate  clearance  or  denial  of  the  application  to  the
  2    applicant's employer, if any.
  3        (5)  Applicants who fail to disclose information on the forms provided  or
  4    who falsify information may be subject to criminal penalties under chapter 32,
  5    title 18, Idaho Code.
  6        (6)  The  department,  or an employer of an applicant, who acts in reason-
  7    able reliance on the results of the criminal history background check, is  im-
  8    mune from liability for the consequences of an application or employment deci-
  9    sion.
 10        (7)  The department, its officers and employees, are immune from liability
 11    for  the  consequences of including or excluding classes of individuals in the
 12    criminal history background check process.
 13        (8)  Clearance through the criminal history background  check  process  is
 14    not a determination of suitability for employment.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                           RS 14410C1

This legislation will help the state protect vulnerable Idahoans by
providing the Department of Health and Welfare statutory authority
to require fingerprint-based criminal history background checks on
employees, contractors, providers and others who have unsupervised
contact or provide direct care services to children and vulnerable
adults.  The Department would be required to promulgate rules to
identify which classes of individuals would be required to complete
the criminal history background checks.  This statute would also
provide immunity for employers who rely on the results of the
criminal history background checks for employment decisions



                         FISCAL  IMPACT

By itself, the fiscal impact of this legislation is negligible. 
The legislation does not specify classes of individuals who will be
required to complete a criminal history background check. Fiscal
impact will be determined through the rules-making process. 
          

CONTACT   
Name:     Mond Warren
Agency:   Health and Welfare
Phone:    334-0609

Statement of Purpose/Fiscal Impact                     S 1037