Bill
Bill > H0494
ID H0494
ID H0494Amends, repeals, and adds to existing law to establish provisions regarding background checks conducted by the Department of Health and Welfare.
summary
Introduced
01/19/2026
01/19/2026
In Committee
02/10/2026
02/10/2026
Crossed Over
02/09/2026
02/09/2026
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
RELATING TO BACKGROUND CHECKS; AMENDING TITLE 56, IDAHO CODE, BY THE AD- DITION OF A NEW CHAPTER 25, TITLE 56, IDAHO CODE, TO DEFINE TERMS, TO PROVIDE AUTHORIZATION FOR CERTAIN BACKGROUND CHECKS AND TO ESTABLISH PROVISIONS REGARDING CONFIDENTIALITY, TO ESTABLISH PROVISIONS RE- GARDING RULES AND FEES, TO ESTABLISH PROVISIONS REGARDING INDIVIDUALS SUBJECT TO BACKGROUND CHECKS, TO ESTABLISH PROVISIONS REGARDING APPLI- CATIONS, TO ESTABLISH PROVISIONS REGARDING SUITABILITY FOR EMPLOYMENT, AND TO PROVIDE A LIMITATION ON LIABILITY; REPEALING SECTION 56-1004A, IDAHO CODE, RELATING TO CRIMINAL HISTORY AND BACKGROUND CHECKS; AMEND- ING SECTION 32-1805, IDAHO CODE, TO REVISE PROVISIONS REGARDING TEMPO- RARY CARE ASSISTANCE PROGRAM REQUIREMENTS; AMENDING SECTION 15-5-308, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 15-5-311, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES; AMENDING SEC- TION 15-5-316, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-1105, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 66-404, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
AI Summary
This bill establishes new provisions for background checks conducted by the Department of Health and Welfare (DHW), defining terms like "applicant" and "background check," which can include checks of criminal records, federal bureau of investigation (FBI) data, and various registries. It authorizes the DHW to conduct these checks, which are considered confidential and will only be disclosed as permitted by law. The DHW can create rules and set fees for these background checks, which are generally paid by the applicant. The bill specifies a broad range of individuals and entities subject to these checks, including those working with children, the elderly, or vulnerable adults, such as adoptive parent applicants, licensed daycare facilities, home health agencies, and court-appointed guardians. It also repeals an existing law related to criminal history and background checks and makes conforming amendments to other sections of Idaho law, including those concerning temporary care assistance programs, guardianship proceedings, and daycare facilities, to reflect the new background check framework. The bill also includes a limitation on liability for the DHW or employers who rely on the results of these background checks when making employment decisions.
Committee Categories
Health and Social Services
Sponsors (0)
No sponsors listed
Other Sponsors (1)
Health and Welfare Committee (House)
Last Action
14th Order Calendar (11:00:00 2/24/2026 Senate Floor) (on 02/24/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://legislature.idaho.gov/sessioninfo/2026/legislation/H0494/ |
| BillText | https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2026/legislation/H0494.pdf |
| Fiscal Note/Analysis - Statement of Purpose / Fiscal Note | https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2026/legislation/H0494SOP.pdf |
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