105080-1:n:11/13/2008:JRC/ll LRS2008-4637
| SYNOPSIS: | Under existing law, the Alabama Child Protection Act of 1999 requires all prospective and current certified and noncertified education employees who have or will have unsupervised access to children in an educational setting to undergo a criminal history background information check. |
| This bill would subject any person who may be permitted access to school property when students are present, pursuant to a contractual relationship with a local employing board or nonpublic school, to a criminal history background information check. | |
| Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose. | |
| The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment. |
To add Article 3, commencing with Section 16-22A-60, to Chapter 22A of Title 16 of the Code of Alabama 1975, relating to the Alabama Child Protection Act of 1999, to expand application of the act and require criminal history background information checks on any person who, pursuant to a contractual relationship, may have access to school property when children are present; and to prescribe penalties for violations; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. A new Article 3, commencing with Section 16-22A-60, is added to Chapter 22A of Title 16 of the Code of Alabama 1975, to read as follows:
Article 3. CRIMINAL HISTORY BACKGROUND INFORMATION CHECKS ON CONTRACTUAL SERVICE PROVIDER EMPLOYEES.
§16-22A-60.
For purposes of this article, the following terms have the following meanings:
(1) CONTRACTUAL SERVICE PROVIDER. Any vendor, individual, entity, or private employer under contract with an authorized employer as defined in Section 16-22A-3.
(2) SCHOOL PROPERTY. The real property of a school, and any improvement thereon, including a school bus.
§16-22A-61.
(a) A criminal history background information check shall be conducted on all contractual service provider employees who may have access to school property while children are present.
(b) The contractual service provider, upon authorization by the State Superintendent of Education, shall request that the Department of Public Safety secure a state criminal history background information check from the Alabama Bureau of Investigation, and a nationwide criminal history background information check from the Federal Bureau of Investigation, on each contractual service provider employee who may have access to school property while children are present.
(c) A request to the Department of Public Safety for a criminal history background information check shall be accompanied by the following:
(1) Two complete functional sets of fingerprints, properly executed by a criminal justice agency or an individual properly trained in fingerprinting techniques.
(2) Written consent from the contractual service provider employee for the release of criminal history background information to the State Superintendent of Education.
(3) A nonrefundable fee to be paid by the contractual service provider requesting the criminal history background information check which shall conform to the guidelines promulgated pursuant to 42 U.S.C. §5119, the National Child Protection Act of 1993, and state law.
(4) Acknowledgment that the contractual service provider employee received notice that the State Superintendent of Education will provide a suitability determination based upon the Alabama Bureau of Investigation and Federal Bureau of Investigation criminal history information reports and the suitability criteria to the contractual service provider.
(d) The contractual service provider shall be responsible for recording receipt of the items and forwarding them to the Department of Public Safety to request a criminal history background information check.
§16-22A-62.
The Department of Public Safety shall complete an Alabama Bureau of Investigation criminal history background information report within a reasonable time and shall request a nationwide criminal history background information check from the Federal Bureau of Investigation within a reasonable time of the request from the contractual service provider.
§16-22A-63.
The Department of Public Safety shall forward state and nationwide criminal history background information reports on contractual service provider employees to the office of the State Superintendent of Education, by certified mail, within a reasonable time of the receipt of the reports. The State Superintendent of Education shall review the information in the reports and determine whether the contractual service provider employee satisfies suitability criteria. A contractual service provider employee who has not been convicted of a child abuse crime, defined in this chapter as a crime committed under the law of the state that involves the physical or mental injury, sexual abuse or exploitation, or maltreatment of a child, shall be deemed suitable to access school property while children are present. The State Superintendent of Education shall issue a suitability determination to the contractual service provider requesting the determination.
§16-22A-64.
The fee charged for a criminal history background information check on a contractual service provider employee may not exceed the statutory and regulatory amounts set under existing guidelines nor shall additional administrative fees of any kind, except for the cost of mailings, be charged which would increase the cost of the criminal history background information check. The contractual service provider is responsible for the cost of a criminal history background information check conducted on an employee.
§16-22A-65.
Refusal by a contractual service provider employee to sign and date a consent to obtain a criminal history background information check, and to provide two acceptable sets of fingerprints, shall result in the preclusion of the employee from school property until such time as written permission has been given to the contractual service provider to request a criminal history background information check and the employee has satisfied suitability criteria.
§16-22A-66.
(a) A criminal history background check shall be completed once every five years on each contractual service provider employee who may have access to school property.
(b) Each contractual service provider employee who may have access to school property shall agree to inform the contractual service provider within 48 hours if convicted of any disqualifying offense while employed in that capacity.
(c) If it is found that a contractual service provider employee does not satisfy suitability requirements, he or she shall be immediately suspended from working in that capacity and shall remain suspended until final resolution of any appeals and approval by the State Superintendent of Education.
§16-22A-67.
(a) The confidentiality and penalty provisions regarding criminal history background information reports on certain education employees, as provided in Sections 16-22A-10 and 16-22A-12, shall apply with equal force to criminal history background information checks conducted on contractual service provider employees.
(b) A contractual service provider who allows an employee who does not satisfy suitability requirements to work on school property while students are present is guilty of a Class C misdemeanor.
(c) A contractual service provider employee who gains access to school property while children are present without satisfying suitability requirements is guilty of a Class C misdemeanor.
Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.
Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.