SENATE BILL NO. 402

INTRODUCED BY S. STANG

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING EMPLOYERS WHO PROVIDE IN-HOME CARE SERVICES THAT ARE PUBLICLY FUNDED TO CONDUCT A CRIMINAL HISTORY BACKGROUND CHECK ON PROSPECTIVE APPLICANTS SEEKING EMPLOYMENT AS HOME CARE WORKERS; SUBMITTING TO THE QUALIFIED ELECTORS THE INCREASE IN THE NUMBER OF EMPLOYERS REQUIRED TO CONDUCT A BACKGROUND CHECK; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING AN EFFECTIVE DATE."

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

NEW SECTION. Section 1. Criminal background checks for home care worker applicants -- definitions. (1) An employer who provides in-home care services that are publicly funded by the senior and long term care division of the department shall request a criminal history background check on every applicant being considered for employment as a home care worker.

(2) An application for employment must include a place for an applicant to provide criminal history information and must inform the applicant of the requirement for a criminal history background check.

(3) Any employer that provides in-home care services that are the same as those funded by the senior and long term care division of the department that are not publicly funded may conduct a criminal history background check on an applicant seeking employment as a home care worker.

(4) The employer shall review the results of the background check to ascertain whether the applicant is charged with or has been convicted or adjudicated of a crime in order to evaluate the fitness of the applicant for employment as a home care worker. Conviction of an offense that relates to public health, welfare, and safety as it applies to employment as a home care worker is sufficient reason to warrant not hiring an applicant.

(5) An employer may perform a criminal history background check on an employee every 24 months at the employer's expense.

(6) For purposes of this section, the following definitions apply:

(a) "Activities of daily living" means bathing, grooming, transferring, exercise, eating, dressing, medication assistance, toileting, and meal preparation.

(b) "Criminal history background check" means, at a minimum, receipt of public criminal justice information from the criminal history record information compiled by the department of justice criminal identification bureau. It may also include a background check of national criminal history records based on fingerprints submitted by the applicant to the federal bureau of investigation.

(c) "Habilitation training" means services designed to assist individuals to acquire, retain, and improve the self-help, socialization, and adaptive skills necessary to reside successfully in home and community settings.

(d) "Home care worker" means any person who performs in-home care services or personal care services;

(e) "In-home care services" means services provided in a person's home by other than a professionally licensed person that consist of hands-on physical care, help with activities of daily living and instrumental activities of daily living, habilitation training, and supervision.

(f) "Instrumental activities of daily living" means shopping, housework, laundry, money management, socialization, leisure activities, and supervision.

(g) "Publicly funded" means in-home care services that are partially or totally paid for with funds administered by the senior and long term care division of the department.

(h) "Supervision" means the provision of protective oversight to an individual who is unable to be safely left alone.

NEW SECTION. Section 2. Submission to electorate. This amendment shall be submitted to the qualified electors of Montana at the next tax election by printing on the ballot the full title of this act and the following:

SHALL THE CRIMINAL BACKGROUND CHECK FEE TAX BE INCREASED ANNUALLY BY REQUIRING A BACKGROUND CHECK OF ALL APPLICANTS SEEKING EMPLOYMENT AS HOME CARE WORKERS WHEN THE SERVICES ARE PARTIALLY OR TOTALLY PUBLICLY FUNDED?

[]	FOR expanding the number of employers of home care workers who are required to conduct a criminal background check and are subject to the fee?

[]	AGAINST expanding the number of employers of home care workers who are required to conduct a criminal background check and are subject to the fee?

NEW SECTION. Section 3. Contingent voidness. If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, is declared invalid, then this act is void.

NEW SECTION. Section 4. Effective date. If approved by the electorate, this act is effective on January 1, 2000.

- END -