Bill Text: WV HCR60 | 2016 | Regular Session | Introduced
Bill Title: Requesting Joint Committee on Government and Finance study the state-level background check process for new employees and volunteers of caregiving businesses and facilities
Spectrum: Partisan Bill (Republican 10-0)
Status: (Engrossed - Dead) 2016-03-10 - To Rules [HCR60 Detail]
Download: West_Virginia-2016-HCR60-Introduced.html
House Concurrent Resolution No.
By Delegates Sobonya, Rohrbach, Waxman, Hamrick, B. White, Miller, Border, D. Evans, Ambler and Cooper
Requesting that the Joint Committee on Government and Finance study the state-level background check process for new employees and volunteers of caregiving businesses and facilities;
Whereas, Background checks are critical to ensure that quality care and treatment is provided to minors, elderly people and people with disabilities in a safe environment; and
Whereas, The state’s current background check process for new employees and volunteers of caregiving facilities often prevents new employees and volunteers from beginning work for up to eight weeks from the date of hire; and
Whereas, The businesses affected by long delays in state-level background checks include, but are not limited to, Neonatal Abstinence Centers; Nursing Homes; Assisted Living Facilities; Group Homes and Residential Care Facilities for Minors; and
Whereas, One potential reason for long delays in the background check process for these facilities, is that the West Virginia State Police has entered into an exclusive contract with one business to administer all state-level background checks, including fingerprinting services; and
Whereas, Business administrators in the state believe that the vendor currently providing state-level background check services does not complete background checks in a timely or professional manner; and
Whereas, Business administrators in the state believe that background checks completed in neighboring states have been equally, if not more, effective in revealing disqualifying events in a potential volunteer or employee’s record, but are completed much faster; and
Whereas, Long delays in state-level background checks delay the state’s most vulnerable populations from receiving care from the highly qualified employees and volunteers who wish to serve them; and
Whereas, Long delays in state-level background checks prevent new caregiving facilities wishing to locate in the state from becoming operational in a timely manner; and
Whereas, The state has a strong interest in ensuring that businesses wishing to provide crucial services to the population in this state do not face unnecessary obstacles in becoming operational; and
Whereas, The state has numerous purchasing policies, including competitive bidding requirements, that are meant to ensure that the services purchased by state agencies are cost-effective and of high quality; and
Whereas, It is important that the Legislature study and identify the cause of long delays in the state-level background check process, including whether the state’s purchasing practices have allowed an exclusive contractual relationship to form that is detrimental to caregiving businesses in this state, as well as the citizens needing caregiving services; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study on the state-level background check process required for the various businesses providing care to vulnerable populations in this state; and, be it
Further Resolved, That in conducting this study, the Joint Committee on Government and Finance review the following issues: whether the current state-level background check process adequately protects the populations served by caregiving facilities in this state; the timeline and quality of service experienced by various caregiving facilities in obtaining state-level background checks for potential employees and volunteers; the reasons for delays or other problems experienced by various caregiving facilities in obtaining state-level background checks for potential employees and volunteers; whether the West Virginia State Police contract with the company providing state-level background checks complies with the state’s purchasing policies; whether the West Virginia State Police has received any kind of purchasing exemption or special designation from the State Director of Purchasing and if so, whether the designation is appropriate; and the comparative effectiveness and speed of state-level background check processes in other states; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2017, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
