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        PRIOR PRINTER'S NO. 1080                      PRINTER'S NO. 2558

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

No. 174 Session of 2007


        INTRODUCED BY SANTONI, BARRAR, BIANCUCCI, BOYD, CAPPELLI, CURRY,
           FABRIZIO, GRUCELA, HENNESSEY, JAMES, W. KELLER, KORTZ, KULA,
           MANN, MYERS, PAYNE, PETRONE, PRESTON, READSHAW, SCAVELLO,
           SEIP, K. SMITH, YOUNGBLOOD, GEIST, FRANKEL, PASHINSKI AND
           SIPTROTH, MARCH 29, 2007

        AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
           REPRESENTATIVES, AS AMENDED, OCTOBER 2, 2007

                                  A RESOLUTION

     1  Directing the Legislative Budget and Finance Committee to
     2     prepare a report with findings and recommendations on the
     3     feasibility of the Pennsylvania State Police using the
     4     electronic transmission of fingerprints.

     5     WHEREAS, The protection and safety of children, older adults
     6  and individuals with disabilities are a priority concern of the
     7  general public and members of the House of Representatives; and
     8     WHEREAS, Criminal history record information about an
     9  individual who applies to work in a facility or program serving
    10  vulnerable populations, such as children, older adults or
    11  individuals with disabilities, enables an employer to determine
    12  if an applicant's criminal record could jeopardize the safety
    13  and well-being of children or adults; and
    14     WHEREAS, A gap in safeguards currently exists because of the
    15  difficulty in obtaining Federal criminal history information;
    16  and
    17     WHEREAS, There is a disincentive to requiring Federal

     1  criminal history record information due to routine delays of
     2  eight to ten weeks in obtaining Federal background checks,
     3  compared to almost immediate turnaround time for requests for
     4  State criminal history record information; and
     5     WHEREAS, A current barrier in requesting Federal criminal
     6  history record information is the use of hard-copy fingerprint
     7  cards submitted to the Federal Bureau of Investigation by the
     8  Pennsylvania State Police; and
     9     WHEREAS, Recording an individual's fingerprint patterns
    10  through a rolling process using ink can result in smudges of the
    11  prints through handling and mailing, causing prints to become
    12  illegible and adding to delays in processing the clearance
    13  checks; and
    14     WHEREAS, Improvements in technology have led to the increased
    15  use of digitized fingerprints, an inkless fingerprinting process
    16  that relies on the electronic transmission of fingerprints,
    17  which replaces the recording of fingerprint patterns through a
    18  rolling process using ink; and
    19     WHEREAS, Electronically transmitted fingerprints, referred to
    20  as a livescan process, can result in clearer fingerprints,
    21  faster record checks and expedited hiring processes; and
    22     WHEREAS, The Pennsylvania State Police are electronically
    23  scanning the majority of fingerprints in criminal arrests but
    24  not in other instances; therefore be it
    25     RESOLVED, That the House of Representatives direct the
    26  Legislative Budget and Finance Committee to prepare a report
    27  with findings and recommendations on the feasibility of the
    28  Pennsylvania State Police using the electronic transmission of
    29  fingerprints rather than the transmission of fingerprint cards
    30  to the Federal Bureau of Investigation for processing Federal
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     1  criminal history record information for individuals who apply
     2  for employment where they will have contact with certain
     3  vulnerable populations; and be it further
     4     RESOLVED, That, at a minimum, the study identify the extent
     5  to which the electronic transmission of fingerprints can
     6  expedite the retrieval of Federal criminal history record
     7  information and accelerate the job application process, costs
     8  incurred by the Pennsylvania State Police related to the
     9  implementation of electronic transmission of fingerprints for
    10  noncriminal justice purposes, possible changes in fees for
    11  individuals requesting Federal criminal history record
    12  information based on the experience in other states that have
    13  adopted digitized fingerprinting related to background checks
    14  for employment purposes and alternatives to prevent or reduce
    15  fee increases and advantages and disadvantages of designating a
    16  private entity under contract with the Pennsylvania State Police
    17  to administer requests for Federal or State criminal history
    18  record information for noncriminal justice purposes;
    19  and be it further
    20     RESOLVED, That the Legislative Budget and Finance Committee
    21  report its findings and recommendations to the House of
    22  Representatives by December 31, 2007. WITHIN SIX MONTHS OF THE    <--
    23  ADOPTION OF THIS RESOLUTION OR BY NOVEMBER 20, 2008, WHICHEVER
    24  IS SOONER.




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