This document includes House Committee Amendments incorporated into the bill on Tue, Feb 27, 2018 at 12:58 PM by lerror.




Chief Sponsor: Val K. Potter

Senate Sponsor: Don L. Ipson


9     General Description:
10          This bill provides authorization to the Utah System of Technical Colleges Board of
11     Trustees to require criminal background checks for certain employees and students.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides authorization to the Utah System of Technical Colleges Board of Trustees
14a     Ĥ→ and individual technical colleges ←Ĥ
15     to require background checks for:
16               •     prospective employees and volunteers of institutions;
17               •     existing employees; or
18               •     students under consideration for training programs requiring clinical internships
19     or externships; and
20          ▸     provides authorization to the State Board of Regents to allow criminal background
21     checks for student applicants:
22               •     involved in training programs that include internships or externships that require
23     a background check;
24               •     dealing in direct patient care or with controlled substances; or
25               •     under consideration for employment where licensure requires a background
26     check before a person can work in the respective profession.
27     Money Appropriated in this Bill:
28          None
29     Other Special Clauses:
30          None
31     Utah Code Sections Affected:
32     AMENDS:
33          53B-1-110, as enacted by Laws of Utah 2007, Chapter 248
34     ENACTS:
35          53B-2a-104.1, Utah Code Annotated 1953

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 53B-1-110 is amended to read:
39          53B-1-110. Criminal background checks of prospective and existing employees of
40     higher education institutions -- Board to adopt policy.
41          (1) As used in this section:
42          (a) "Institution" means an institution listed in Section 53B-1-102.
43          (b) "Minor" means a person younger than 21 years of age.
44          (2) The board shall adopt a policy providing for criminal background checks of:
45          (a) prospective employees of institutions; [and]
46          (b) existing employees of institutions, where reasonable cause exists[.]; and
47          (c) student applicants for training programs requiring clinical internships or externships
48     where the students will be involved in direct patient care or with controlled substances.
49          (3) (a) The policy shall require that:
50          (i) an applicant for any position that involves significant contact with minors or any
51     position considered to be security sensitive by the board or its designee shall submit to a
52     criminal background check as a condition of employment; and
53          (ii) an existing employee submit to a criminal background check, where reasonable
54     cause exists.
55          (b) Subsection (3)(a)(i) does not apply to adjunct faculty positions.
56          (c) The policy may allow or require applicants for positions other than those described
57     in Subsection (3)(a)(i) to submit to a criminal background check as a condition of employment.
58          (d) The policy may allow criminal background checks for new employees to be phased

59     in over a two-year period.
60          (e) The policy may allow criminal background checks for student applicants under
61     consideration for:
62          (i) training programs requiring clinical internships or externships where the clinical site
63     requires a background check;
64          (ii) training programs where students are involved in direct patient care or with
65     controlled substances; or
66          (iii) employment where licensure requires a background check before an individual can
67     work in the profession.
68          (4) The applicant or employee shall receive written notice that the background check
69     has been requested.
70          (5) Each applicant or employee subject to a criminal background check under this
71     section shall, if required by the institution:
72          [(a) be fingerprinted; and]
73          [(b) consent to a fingerprint background check by:]
74          [(i) the Utah Bureau of Criminal Identification; and]
75          [(ii) the Federal Bureau of Investigation.]
76          (a) provide a completed fingerprint card to the department upon request; and
77          (b) provide a signed waiver on a form provided by the institution that meets the
78     requirements of Subsection 53-10-108(4).
79          (6) (a) Institutions may request the Utah Bureau of Criminal Identification to conduct
80     criminal background checks of prospective employees and, where reasonable cause exists,
81     existing employees pursuant to board policy.
82          (b) At the request of an institution, the Utah Bureau of Criminal Identification shall:
83          (i) release the individual's full record of criminal convictions to the administrator
84     requesting the information; and
85          (ii) seek additional information from regional or national criminal data files in
86     responding to inquiries under this section.
87          (c) Information received by the Utah Bureau of Criminal Identification from entities
88     other than agencies or political subdivisions of the state may not be released to a private entity
89     unless the release is permissible under applicable laws or regulations of the entity providing the

90     information.
91          (d) Except as provided in Subsection (7), the institution shall pay the cost of
92     background checks conducted by the Utah Bureau of Criminal Identification, and the money
93     collected shall be credited to the Utah Bureau of Criminal Identification to offset its expenses.
94          (7) The board may by policy require an applicant to pay the costs of a criminal
95     background check as a condition of employment.
96          (8) The applicant or employee shall have an opportunity to respond to any information
97     received as a result of the criminal background check.
98          (9) If a person is denied employment or is dismissed from employment because of
99     information obtained through a criminal background check, the person shall receive written
100     notice of the reasons for denial or dismissal and have an opportunity to respond to the reasons
101     under procedures established by the board in policy.
102          Section 2. Section 53B-2a-104.1 is enacted to read:
103          53B-2a-104.1. Background checks for students and employees.
104          (1) As used in this section, "bureau" means the Bureau of Criminal Identification
105     created in Section 53-10-201.
106          (2) Beginning July 1, 2018, the board of Ĥ→ [
trustees] directors ←Ĥ of a technical
106a     college Ĥ→ [
shall] may ←Ĥ require the
107     following individuals to submit to a fingerprint-based local, regional, and national criminal
108     history background check and ongoing monitoring as a condition of employment:
109          (a) prospective employees Ĥ→ [
and volunteers] ←Ĥ of technical colleges; and
110          (b) existing employees of institutions, on a pre-scheduled and rotating basis, or where
111     reasonable cause exists.
112          (3) Beginning July 1, 2018, the board of Ĥ→ [
trustees shall] directors may ←Ĥ require
112a     a fingerprint-based local,
113     regional, and national criminal history background check without ongoing monitoring as a
114     condition of enrollment for student applicants who are under consideration for training
115     programs:
116          (a) requiring clinical internships or externships; or
117          (b) involving direct patient care or controlled substances.
118          (4) Each individual in a position listed in Subsection (2) shall provide a completed
119     fingerprint card to the technical college upon request.
120          (5) The board of Ĥ→ [
trustees] directors ←Ĥ shall require that an individual required
120a     to submit to a
121     background check under Subsections (3) and (4) provide a signed waiver to the technical
122     college on a form provided by the board of Ĥ→ [
trustees] directors ←Ĥ that meets the
122a     requirements of Subsection
123     53-10-108(4).
124          (6) For a noncriminal justice background search and registration in accordance with
125     Subsection 53-10-108(13), the technical college shall submit to the bureau:
126          (a) the applicant's or employee's personal identifying information and fingerprints for a
127     criminal history search of applicable local, regional, and national databases; and
128          (b) a request for all information received as a result of the local, regional, and
129     nationwide background check.
130          (7) The program or department requesting the background check is responsible for the
131     payment of all fees required by Subsection 53-10-108(15) and any fees required to be
132     submitted to the Federal Bureau of Investigation by the bureau.
133          (8) The board of trustees shall make rules in accordance with Title 63G, Chapter 3,
134     Utah Administrative Rulemaking Act, that:
135          (a) identify the appropriate privacy risk mitigation strategy to be used in accordance
136     with Subsection 53-10-108(13)(b); and
137          (b) list specifically which training programs will require pre-acceptance background
138     checks.

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