Committee advances provisional bill requiring broader background checks for public‑safety hires

The Law and Justice Interim Committee voted to advance provisional draft LJIC PD 1 — a bill that would standardize background investigations for public‑safety hires — after hearing testimony from state agency representatives, law‑enforcement groups and legal commentators.

Staff described the key features: if a public‑safety applicant signs a waiver, the hiring agency must make a good‑faith effort to request prior‑employer files related to disciplinary actions and internal investigations; the draft ties in statutory cross‑references to existing prohibitions against blacklisting and creates limited civil and criminal immunity for agencies that comply with the disclosure requirements.

Timothy Allred, director of the POST Public Safety Officer Standards and Training Council, told the committee that agencies currently face barriers when prior employers limit responses to “dates of employment” only. “This is an area that’s needed,” Allred said, urging the committee to move the draft forward so agencies can perform more thorough checks.

Nanette Gilbertson, representing the Montana Sheriffs and Peace Officers Association, likewise supported the draft and urged the panel to continue refining operational details like response timelines.

Al Smith, testifying for Montana trial lawyers, supported the policy goal but warned the committee about constitutional and due‑process implications. He urged several changes: make some disclosures optional, give applicants copies of prior‑employer materials so they can contest untruthful statements, and add recourse if an agency refuses to release records.

Senator Asher moved that the committee accept the provisional draft as a committee bill; the motion passed by voice vote with no recorded opposition. Committee staff noted that provisions granting immunity may require a two‑thirds legislative vote if enacted and that the draft will be refined during the interim.

The committee forwarded the draft for further work as a committee bill.