1     
ALCOHOLIC BEVERAGE CONTROL AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jerry W. Stevenson

5     
House Sponsor: Michael E. Noel

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Alcoholic Beverage Control Act to address criminal background
10     checks.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies language regarding obtaining fingerprints and requiring background
14     checks;
15          ▸     addresses the role of the Utah Bureau of Criminal Investigation in the background
16     checks;
17          ▸     requires federal background checks for all persons subject to background checks;
18     and
19          ▸     makes technical and conforming amendments.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          32B-1-305, as enacted by Laws of Utah 2010, Chapter 276
27          32B-1-307, as enacted by Laws of Utah 2010, Chapter 276
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 32B-1-305 is amended to read:
31          32B-1-305. Requirement for a background check.
32          (1) The department shall require an individual listed in Subsection (2) [to], in
33     accordance with this part, to:
34          (a) provide a signed waiver from the individual whose fingerprints may be registered in
35     the Federal Bureau of Investigation Rap Back system that notifies the signee:
36          (i) that a criminal history background check will be conducted;
37          (ii) who will see the information; and
38          (iii) how the information will be used;
39          [(a)] (b) submit [a fingerprint card] to a background check in a form acceptable to the
40     department; and
41          [(b)] (c) consent to a [fingerprint criminal] background check by:
42          (i) the Utah Bureau of Criminal Identification; and
43          (ii) the Federal Bureau of Investigation.
44          (2) The following shall comply with Subsection (1):
45          (a) an individual applying for employment with the department if:
46          (i) the department makes the decision to offer the individual employment with the
47     department; and
48          (ii) once employed, the individual will receive benefits;
49          (b) an individual applying to the commission to operate a package agency;
50          (c) an individual applying to the commission for a license;
51          (d) an individual who with regard to an entity that is applying to the commission to
52     operate a package agency or for a license is:
53          (i) a partner;
54          (ii) a managing agent;
55          (iii) a manager;
56          (iv) an officer;
57          (v) a director;
58          (vi) a stockholder who holds at least 20% of the total issued and outstanding stock of a
59     corporation;
60          (vii) a member who owns at least 20% of a limited liability company; or
61          (viii) an individual employed to act in a supervisory or managerial capacity; or
62          (e) an individual who becomes involved with an entity that operates a package agency
63     or holds a license, if the individual is in a capacity listed in Subsection (2)(d) on or after the day
64     on which the entity:
65          (i) is approved to operate a package agency; or
66          (ii) is licensed by the commission.
67          (3) The department shall require compliance with Subsection (2)(e) as a condition of
68     an entity's:
69          (a) continued operation of a package agency; or
70          (b) renewal of a license.
71          (4) The department may require as a condition of continued employment that a
72     department employee:
73          (a) submit [a fingerprint card] to a background check in a form acceptable to the
74     department; and
75          (b) consent to a fingerprint criminal background check by:
76          (i) the Utah Bureau of Criminal Identification; and
77          (ii) the Federal Bureau of Investigation.
78          Section 2. Section 32B-1-307 is amended to read:
79          32B-1-307. Background check procedure.
80          (1) (a) An individual described in Subsections 32B-1-305(2)(b) through (e) shall
81     submit [a fingerprint card] to a background check in a form acceptable to the department,
82     including submitting fingerprints, at the expense of the individual.
83          (b) The department shall pay the expense of obtaining [a fingerprint card] a
84     background check, including obtaining fingerprints, required of:
85          (i) an individual applying for employment with the department; or
86          (ii) a department employee.
87          (2) (a) The department shall [obtain] establish a procedure for obtaining and evaluating
88     relevant information from a criminal history record maintained by the Utah Bureau of Criminal
89     Identification pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, for a
90     purpose outlined in Section 32B-1-306.
91          (b) An individual described in Subsections 32B-1-305(2)(b) through (e) shall pay to the
92     department the expense of obtaining the criminal history record described in Subsection (2)(a).
93          (c) The department shall pay the expense of obtaining the criminal history record
94     required for:
95          (i) an individual applying for employment with the department; or
96          (ii) a department employee.
97          (3) (a) The department shall submit [a fingerprint card] fingerprints obtained under
98     [Section 32B-1-305] Subsection (1) of an individual [who has not resided in the state for at
99     least two years before the day on which the fingerprint card is submitted] to the Utah Bureau of
100     Criminal Identification to be forwarded to the Federal Bureau of Investigation for a nationwide
101     criminal history record check.
102          (b) An individual described in Subsections 32B-1-305(2)(b) through (e) shall pay to the
103     department the expense of obtaining the criminal history record described in Subsection (3)(a).
104          (c) The department shall pay the expense of obtaining the criminal history record
105     required for:
106          (i) an individual applying for employment with the department; or
107          (ii) a department employee.
108          (4) (a) The Utah Bureau of Criminal Identification:
109          (i) shall check the fingerprints submitted under Subsection (1) against the applicable
110     state and regional criminal records databases and submit the fingerprints to national criminal
111     records databases;
112          (ii) shall maintain a separate file of fingerprints submitted under Subsection (1) for
113     search by future submissions to the state and regional records databases, including latent prints,
114     and notify the department when a new entry is made against a person whose fingerprints are
115     held in the separate file;
116          (iii) shall release to the department all information received in response to the
117     department's request; and
118          (iv) may request that the fingerprints be retained in the Federal Bureau of Investigation
119     Rap Back system for search by future submissions to national criminal records databases,
120     including latent prints.
121          (b) The department shall establish a privacy risk mitigation strategy to ensure that the
122     department only receives notifications for individuals with whom the department maintains a
123     regulatory or employment relationship.
124          [(4)] (5) The department shall pay the Utah Bureau of Criminal Identification the costs
125     incurred in providing the department criminal background information.
126          [(5)] (6) (a) The following may not disseminate a criminal history record obtained
127     under this part to any person except for a purpose described in Section 32B-1-306:
128          (i) the commission;
129          (ii) a commissioner;
130          (iii) the director;
131          (iv) the department; or
132          (v) a department employee.
133          (b) (i) Notwithstanding Subsection [(5)] (6)(a), a criminal history record obtained
134     under this part may be provided by the department to the individual who is the subject of the
135     criminal history record.
136          (ii) The department shall provide an individual who is the subject of a criminal history
137     record and who requests the criminal history record an opportunity to:
138          (A) review the criminal history record; and
139          (B) respond to information in the criminal history record.
140          [(6)] (7) If an individual described in Subsection 32B-1-305(2) is determined to be
141     disqualified under Subsection 32B-1-306(2)(b), the department shall provide the individual
142     with:
143          (a) notice of the reason for the disqualification; and
144          (b) an opportunity to respond to the disqualification.
145          [(7) The department shall maintain the following in one or more separate files so that
146     they may be accessed only for a purpose under Section 32B-1-306:]
147          [(a) a fingerprint card submitted under this part; and]
148          [(b) a criminal history record received from:]
149          [(i) the Utah Bureau of Criminal Identification; and]
150          [(ii) the Federal Bureau of Investigation.]