Committee backs DHS proposal to require background checks for certain contractors

Senator Landseeds presented House Bill 1277 with Martina Smith, privacy officer and attorney for the Arkansas Department of Human Services, explaining the measure requires third‑party contractors in designated positions (IT, financial roles, and positions with access to elderly, developmentally disabled and dependent children) to undergo the same criminal-registry and background checks as DHS employees.

Smith said the bill clarifies that background-check results run under an ORI assigned to DHS must be housed at DHS and forwarded to the Arkansas State Police, consistent with the CJIS (Criminal Justice Information Services) security policy. She described the designated positions on page 5 of the bill and said that contractors in those roles would thereby be subject to state or FBI checks depending on residency history.

Senators asked why a statutory change is necessary rather than a rule. Smith replied that the FBI must approve the agency’s statute before DHS can proceed with the related rulemaking. Committee members also questioned the five‑year residency threshold that determines whether only a state check is run or whether an FBI check is required; Smith explained that if someone lived in Arkansas five or more years, DHS would typically run a state background check; otherwise an FBI check is required.

Smith provided approximate costs from the discussion: FBI checks about $36.25 online (around $38.25 by mail) and state checks about $22 online ($25 by mail). Members suggested exploring whether broader federal checks or different residency thresholds should be considered in a future bill; DHS welcomed further work while the committee approved the bill.

The committee voted 'Do pass as amended' on the bill and recorded a voice vote of 'Aye.'