S.B. 74 Enrolled

(The bill as it passed both houses of the Legislature contained the following language in Subsection
26-39-107(1)(b)(i): after "has" insert "resided in Utah for the last five years; (ii) the individual has" and in
Subsection 26-39-107(1)(b) delete "(ii)" and insert "(iii)". However, in enrolling this language was inadvertently
omitted. This language will appear in the electronic version of the Legislature's database and will appear in a future
publication of the hardbound code.)

CHILD CARE PROVIDER CRIMINAL
BACKGROUND CHECK AMENDMENTS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Pete Suazo
AN ACT RELATING TO CHILD CARE; REQUIRING A NATIONAL CRIMINAL
BACKGROUND CHECK OF INDIVIDUALS ASSOCIATED WITH CHILD CARE
PROVIDERS; AND MAKING CERTAIN TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
26-39-107, as enacted by Chapter 196, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 26-39-107 is amended to read:
26-39-107. Disqualified individuals -- Criminal history checks -- Payment of costs.
(1) (a) Each person requesting a residential certificate or to be licensed or to renew a
license under this chapter shall submit to the department the name and other identifying
information, which [may] shall include fingerprints, of existing, new, and proposed:
(i) owners;
(ii) directors;
(iii) members of the governing body;
(iv) employees;
(v) providers of care; [and]
(vi) volunteers, except parents of children enrolled in the programs[.]; and
(vii) all adults residing in a residence where child care is provided.
(b) A person seeking renewal of a residential certificate or license under this section is not

required to submit fingerprints of an individual referred to in Subsections (1)(a)(i) through (vi), if:
(i) the individual has:
(A) previously submitted fingerprints under this section for a national criminal history record
check; and
(B) resided in Utah continuously since that time; or
(ii) as of May 3, 1999, the individual had one of the relationships under Subsection (1)(a)
with a child care provider having a residential certificate or licensed under this section and the
individual has resided in Utah continuously since that time.
[(b)] (c) (i) The Utah Division of Criminal Investigation and Technical Services within the
Department of Public Safety shall process [that] the information required under Subsection (1)(a)
to determine whether the individual has been convicted of any crime.
(ii) The Utah Division of Criminal Investigation and Technical Services shall submit
fingerprints required under Subsection (1)(a) to the FBI for a national criminal history record check.
(iii) The applicant for the license or residential certificate shall pay the cost of conducting
a record check under Subsection (1)(c).
(2) An owner, director, member of the governing body, employee, provider of care, or
volunteer who has a felony conviction may not provide child care or operate a residential certificate
or licensed child care program [licensed by the department].
(3) An owner, director, member of the governing body, employee, or other provider of care
who has been convicted of a misdemeanor may not provide child care or operate a residential
certificate or licensed child care program [licensed by the department], except that:
(a) the department may, by rule, exclude specified misdemeanors that do not disqualify an
individual under this section; and
(b) the executive director may consider and approve individual cases in accordance with
criteria established by rule.

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