SB1281 - 451R - House Bill Summary

House of Representatives

SB 1281

fingerprint checks and clearance cards

Sponsors: Senator Smith

DPA	Committee on Health
DPA	Committee on Judiciary
DPA	Caucus and COW
X	As Passed the House

SB 1281 requires a person who works with vulnerable adult populations to have a class one or class two fingerprint clearance card issued by the fingerprinting division of the Department of Public Safety (DPS). Several offenses are added and removed from the list of offenses that are grounds for cancellation, suspension or denial of a fingerprint clearance card.

History

In July 1999, the fingerprinting division of DPS was established to provide fingerprinting services for the Supreme Court, Department of Economic Security, Department of Education, Department of Health Services and the Department of Juvenile Corrections. A Board of Fingerprinting was established to provide oversight of the division and conduct good cause exception hearings.

The division uses a two-tiered system of clearance cards that are issued to a person who has not been convicted or awaiting trial for a list of offenses prescribed by statute. A class one clearance card allows a person to work with all children and developmentally disabled. A class two card allows a person to work with children, but not with developmentally disabled clients. Fingerprint clearance cards are valid for three years and cost $44 for paid employees and $38 for volunteer workers. When a fingerprint clearance card expires, the person must submit another set of fingerprints and pay the initial card fees.

Current law requires the owner, employee or a contracted person of a residential care institution, nursing care institution or home health agency to submit a full set of fingerprints to the Department of Health Services for DPS to perform a criminal history record check. Instead of a fingerprint clearance card, these individuals receive a letter of approval. A letter of approval costs $24 for paid employees and $18 for volunteer workers. The letter of approval does not expire and it only becomes invalid if the person changes employment two years after receiving the letter.

SB 1281 eliminates the letter of approval provision for persons working with vulnerable adults and requires them to obtain a class 1 or 2 fingerprint clearance card from DPS.

Provisions

· Requires as a condition of licensure for employees, owners or contracted persons at a residential care institution, nursing care institution or home health agency to have a class 1 or class 2 fingerprint clearance card. Each person must apply for the fingerprint clearance card within seven working days of employment or beginning volunteer work.

· Prohibits residential care institutions, nursing care institutions or home health agencies from allowing a person or contracted person to provide services if they have been denied a fingerprint clearance card or have not received an interim approval to work from the Board of Fingerprinting.

· Removes all statutory language pertaining to the current system of receiving a letter of approval for a person who works with vulnerable adults.

· Requires a person to certify on the application for licensure or certification they have not been denied or had a license revoked to operate or a certificate to work at a child-care group home.

· Prohibits child care facilities from allowing an employee or volunteer to provide child care services if they have been denied a fingerprint clearance card or have not received interim approval to work from the Board of Fingerprinting.

· Exempts persons from applying for a fingerprint clearance card if the person can provide a valid clearance card or documentation showing the person has applied for a clearance card in the past sixty days.

· Prohibits a person from receiving a fingerprint clearance card if they have been convicted or awaiting trial for attempting to commit any of the offenses listed under class 1 and class 2 qualifying offenses. Current law stipulates the person must not have been convicted of committing the offense or awaiting trial for committing one of the qualifying offenses.

· Adds and removes offenses to the class 1 and class 2 designations.

· Makes numerous technical corrections.

SB 1281 was amended in the Judiciary Committee as follows:

· Removes the list of offenses for child-care personnel licensed through the Department of Economic Security, employees and volunteers of shelters for victims of domestic violence and juvenile service providers. Instead of these three sections of statute having separate lists of offenses they now refer to the master list of offenses for fingerprint clearance cards in 41-1758 subsections F & G of the DPS statutes.

SB1281 was amended in the Committee of the Whole as follows:

· Increases the timeframe for new employees to apply for a clearance card from 7 to 20 days.

Exempts volunteers who work in direct view of a previously screened owner from the clearance card requirements.

· Removes section 36-411 D. Provisions of this section are covered in section A.

· Stipulates that a person who has been denied a clearance card or a letter of approval shall not receive a fingerprint clearance card.

· Exempts vulnerable adult care workers from the three-year expiration date of the clearance card. A new fingerprint clearance card must be obtained if a person changes employer after two years.

· Eliminates requirement for a person to obtain a fingerprint clearance card if that person already has a fingerprint clearance card or letter of approval.

· Exempts people from having to re-apply for a fingerprint clearance card for sixty days who have already applied and have an application pending.

· Removes arson from the list of provisions for automatic denial of a class one fingerprint clearance card. Adds arson and manslaughter to the class one clearance card list of offenses with good cause exemptions.

· Adds abuse or molestation of an adult to the class one offenses without good cause exemptions.

· Adds Prop 108 for the fee increase.

The Judiciary Committee amendment was adopted in the Committee of the Whole.

SB 1281 passed the House of Representatives as amended.

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45th Legislature