1     
EMPLOYMENT BACKGROUND CHECKS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Eric K. Hutchings

6     

7     LONG TITLE
8     General Description:
9          This bill provides certain state agencies with the authority to require background checks
10     for employees, contractors, and volunteers.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides the following entities with the authority to conduct local, regional, and
14     national background checks for employees, contractors, appointees, and volunteers,
15     as applicable:
16               •     Department of Environmental Quality;
17               •     Department of Financial Institutions;
18               •     Department of Health;
19               •     Department of Human Resource Management;
20               •     Department of Workforce Services;
21               •     Division of Purchasing;
22               •     governor's office;
23               •     State Auditor;
24               •     State Tax Commission; and
25               •     Utah Science Technology and Research Governing Authority;
26          ▸     requires the Bureau of Criminal Identification to provide agencies with the results of
27     the background checks; and
28          ▸     makes technical and conforming changes.
29     Money Appropriated in this Bill:

30          None
31     Other Special Clauses:
32          None
33     Utah Code Sections Affected:
34     AMENDS:
35          35A-1-102, as last amended by Laws of Utah 2016, Chapter 226
36          53-10-108, as last amended by Laws of Utah 2015, Chapters 255 and 389
37          63A-3-201, as last amended by Laws of Utah 2016, Chapter 298
38     ENACTS:
39          7-1-212, Utah Code Annotated 1953
40          19-1-308, Utah Code Annotated 1953
41          26-1-17.1, Utah Code Annotated 1953
42          35A-1-104.1, Utah Code Annotated 1953
43          59-1-206.1, Utah Code Annotated 1953
44          63A-2-106, Utah Code Annotated 1953
45          63M-2-304, Utah Code Annotated 1953
46          67-3-10, Utah Code Annotated 1953
47     

48     Be it enacted by the Legislature of the state of Utah:
49          Section 1. Section 7-1-212 is enacted to read:
50          7-1-212. Background checks for employees.
51          (1) As used in this section,"bureau" means the Bureau of Criminal Identification
52     created in Section 53-10-201.
53          (2) Beginning July 1, 2018, the department shall require current employees in, and all
54     applicants for, the following positions to submit to a fingerprint-based local, regional, and
55     national criminal history background check and ongoing monitoring as a condition of
56     employment:
57          (a) agency information security managers;

58          (b) financial institutions examiners;
59          (c) financial institutions managers; and
60          (d) financial institutions specialists.
61          (3) Each individual in a position listed in Subsection (2) shall provide a completed
62     fingerprint card to the department upon request.
63          (4) The department shall require that an individual required to submit to a background
64     check under Subsection (3) provide a signed waiver on a form provided by the department that
65     meets the requirements of Subsection 53-10-108(4).
66          (5) For a noncriminal justice background search and registration in accordance with
67     Subsection 53-10-108(13), the department shall submit to the bureau:
68          (a) the applicant's personal identifying information and fingerprints for a criminal
69     history search of applicable local, regional, and national databases; and
70          (b) a request for all information received as a result of the local, regional, and
71     nationwide background check.
72          (6) The department is responsible for the payment of all fees required by Subsection
73     53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by
74     the bureau.
75          (7) The department may make rules in accordance with Title 63G, Chapter 3, Utah
76     Administrative Rulemaking Act, that:
77          (a) determine how the department will assess the employment status of an individual
78     upon receipt of background information; and
79          (b) identify the appropriate privacy risk mitigation strategy to be used in accordance
80     with Subsection 53-10-108(13)(b).
81          Section 2. Section 19-1-308 is enacted to read:
82          19-1-308. Background checks for employees.
83          (1) As used in this section, "bureau" means the Bureau of Criminal Identification
84     created in Section 53-10-201.
85          (2) Beginning July 1, 2018, the department shall require all appointees and applicants

86     for the following positions to submit to a fingerprint-based local, regional, and national
87     criminal history background check and ongoing monitoring as a condition of employment:
88          (a) administrative services managers;
89          (b) financial analysts;
90          (c) financial managers; and
91          (d) schedule AB and AD employees, in accordance with Section 67-19-15, in
92     appointed positions.
93          (3) Each appointee or applicant for a position listed in Subsection (2) shall provide a
94     completed fingerprint card to the department upon request.
95          (4) The department shall require that an individual required to submit to a background
96     check under Subsection (3) provide a signed waiver on a form provided by the department that
97     meets the requirements of Subsection 53-10-108(4).
98          (5) For a noncriminal justice background search and registration in accordance with
99     Subsection 53-10-108(13), the department shall submit to the bureau:
100          (a) the applicant's personal identifying information and fingerprints for a criminal
101     history search of applicable local, regional, and national databases; and
102          (b) a request for all information received as a result of the local, regional, and
103     nationwide background check.
104          (6) The department is responsible for the payment of all fees required by Subsection
105     53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by
106     the bureau.
107          (7) The department may make rules in accordance with Title 63G, Chapter 3, Utah
108     Administrative Rulemaking Act, that:
109          (a) determine how the department will assess the employment status of an individual
110     upon receipt of background information; and
111          (b) identify the appropriate privacy risk mitigation strategy to be used in accordance
112     with Subsection 53-10-108(13)(b).
113          Section 3. Section 26-1-17.1 is enacted to read:

114          26-1-17.1. Background checks for employees.
115          (1) As used in this section, "bureau" means the Bureau of Criminal Identification
116     created in Section 53-10-201.
117          (2) Beginning July 1, 2018, the department may require a fingerprint-based local,
118     regional, and national criminal history background check and ongoing monitoring of:
119          (a) all staff, contracted employees, and volunteers who:
120          (i) have access to protected health information or personal identifying information;
121          (ii) have direct contact with patients, children, or vulnerable adults as defined in
122     Section 62A-2-120;
123          (iii) work in areas of privacy and data security;
124          (iv) handle financial information, including receipt of funds, reviewing invoices,
125     making payments, and other types of financial information; and
126          (v) perform audit functions, whether internal or external, on behalf of the department;
127     and
128          (b) job applicants who have been offered a position with the department and the job
129     requirements include those described in Subsection (2)(a).
130          (3) Each individual in a position listed in Subsection (2) shall provide a completed
131     fingerprint card to the department upon request.
132          (4) The department shall require that an individual required to submit to a background
133     check under Subsection (3) provide a signed waiver on a form provided by the department that
134     meets the requirements of Subsection 53-10-108(4).
135          (5) For a noncriminal justice background search and registration in accordance with
136     Subsection 53-10-108(13), the department shall submit to the bureau:
137          (a) the applicant's personal identifying information and fingerprints for a criminal
138     history search of applicable local, regional, and national databases; and
139          (b) a request for all information received as a result of the local, regional, and
140     nationwide background check.
141          (6) The department is responsible for the payment of all fees required by Subsection

142     53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by
143     the bureau.
144          (7) The department may make rules in accordance with Title 63G, Chapter 3, Utah
145     Administrative Rulemaking Act, that:
146          (a) determine how the department will assess the employment status of an individual
147     upon receipt of background information;
148          (b) determine the type of crimes and the severity that would disqualify an individual
149     from holding a position; and
150          (c) identify the appropriate privacy risk mitigation strategy to be used in accordance
151     with Subsection 53-10-108(13)(b).
152          Section 4. Section 35A-1-102 is amended to read:
153          35A-1-102. Definitions.
154          Unless otherwise specified, as used in this title:
155          (1) "Client" means an individual who the department has determined to be eligible for
156     services or benefits under:
157          (a) Chapter 3, Employment Support Act; and
158          (b) Chapter 5, Training and Workforce Improvement Act.
159          (2) "Department" means the Department of Workforce Services created in Section
160     35A-1-103.
161          (3) "Economic service area" means an economic service area established in accordance
162     with Chapter 2, Economic Service Areas.
163          (4) "Employment assistance" means services or benefits provided by the department
164     under:
165          (a) Chapter 3, Employment Support Act; and
166          (b) Chapter 5, Training and Workforce Improvement Act.
167          (5) "Employment center" is a location in an economic service area where the services
168     provided by an economic service area under Section 35A-2-201 may be accessed by a client.
169          (6) "Employment counselor" means an individual responsible for developing an

170     employment plan and coordinating the services and benefits under this title in accordance with
171     Chapter 2, Economic Service Areas.
172          (7) "Employment plan" means a written agreement between the department and a client
173     that describes:
174          (a) the relationship between the department and the client;
175          (b) the obligations of the department and the client; and
176          (c) the result if an obligation is not fulfilled by the department or the client.
177          (8) "Executive director" means the executive director of the department appointed
178     under Section 35A-1-201.
179          (9) "Government entity" means the state or any county, municipality, local district,
180     special service district, or other political subdivision or administrative unit of the state, a state
181     institution of higher education as defined in Section 53B-2-101, or a local education agency as
182     defined in Section 53A-30-102.
183          (10) "Public assistance" means:
184          (a) services or benefits provided under Chapter 3, Employment Support Act;
185          (b) medical assistance provided under Title 26, Chapter 18, Medical Assistance Act;
186          (c) foster care maintenance payments provided from the General Fund or under Title
187     IV-E of the Social Security Act;
188          (d) SNAP benefits; and
189          (e) any other public funds expended for the benefit of a person in need of financial,
190     medical, food, housing, or related assistance.
191          (11) "SNAP" means the federal "Supplemental Nutrition Assistance Program" under
192     Title 7, U.S.C. Chapter 51, Supplemental Nutrition Assistance Program, formerly known as the
193     federal Food Stamp Program.
194          (12) "SNAP benefit" or "SNAP benefits" means a financial benefit, coupon, or
195     privilege available under SNAP.
196          (13) "Stabilization" means addressing the basic living, family care, and social or
197     psychological needs of the client so that the client may take advantage of training or

198     employment opportunities provided under this title or through other agencies or institutions.
199          (14) "Vulnerable populations" means children or adults with a life situation that
200     substantially affects that individual's ability to:
201          (a) provide personal protection;
202          (b) provide necessities such as food, shelter, clothing, or mental or other health care;
203          (c) obtain services necessary for health, safety, or welfare;
204          (d) carry out the activities of daily living;
205          (e) manage the adult's own financial resources; or
206          (f) comprehend the nature and consequences of remaining in a situation of abuse,
207     neglect, or exploitation.
208          Section 5. Section 35A-1-104.1 is enacted to read:
209          35A-1-104.1. Background checks for employees.
210          (1) As used in this section, "bureau" means the Bureau of Criminal Identification
211     created in Section 53-10-201.
212          (2) Beginning July 1, 2018, the department may require current employees in, and all
213     applicants for, the following positions to submit to a fingerprint-based local, regional, and
214     national criminal history background check and ongoing monitoring as a condition of
215     employment:
216          (a) employees that access or may access federal tax information; and
217          (b) employees serving or interacting with vulnerable populations as defined in Section
218     35A-1-102.
219          (3) Each individual in a position listed in Subsection (2) shall provide a completed
220     fingerprint card to the department upon request.
221          (4) The department shall require that an individual required to submit to a background
222     check under Subsection (3) provide a signed waiver on a form provided by the department that
223     meets the requirements of Subsection 53-10-108(4).
224          (5) For a noncriminal justice background search and registration in accordance with
225     Subsection 53-10-108(13), the department shall submit to the bureau:

226          (a) the applicant's personal identifying information and fingerprints for a criminal
227     history search of applicable local, regional, and national databases; and
228          (b) a request for all information received as a result of the local, regional, and
229     nationwide background check.
230          (6) The department is responsible for the payment of all fees required by Subsection
231     53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by
232     the bureau.
233          (7) The department may make rules in accordance with Title 63G, Chapter 3, Utah
234     Administrative Rulemaking Act, that:
235          (a) determine how the department will assess the employment status of an individual
236     upon receipt of background information; and
237          (b) identify the appropriate privacy risk mitigation strategy to be used in accordance
238     with Subsection 53-10-108(13)(b).
239          Section 6. Section 53-10-108 is amended to read:
240          53-10-108. Restrictions on access, use, and contents of division records -- Limited
241     use of records for employment purposes -- Challenging accuracy of records -- Usage fees
242     -- Missing children records -- Penalty for misuse of records.
243          (1) As used in this section:
244          (a) "FBI Rap Back System" means the rap back system maintained by the Federal
245     Bureau of Investigation.
246          (b) "Rap back system" means a system that enables authorized entities to receive
247     ongoing status notifications of any criminal history reported on individuals whose fingerprints
248     are registered in the system.
249          (c) "WIN Database" means the Western Identification Network Database that consists
250     of eight western states sharing one electronic fingerprint database.
251          (2) Dissemination of information from a criminal history record [or], including
252     information obtained from a fingerprint background check, name check, warrant of arrest
253     information, or information from division files, is limited to:

254          (a) criminal justice agencies for purposes of administration of criminal justice and for
255     employment screening by criminal justice agencies;
256          (b) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
257     agency to provide services required for the administration of criminal justice;
258          (ii) the agreement shall specifically authorize access to data, limit the use of the data to
259     purposes for which given, and ensure the security and confidentiality of the data;
260          (c) a qualifying entity for employment background checks for their own employees and
261     persons who have applied for employment with the qualifying entity;
262          [(b)] (d) noncriminal justice agencies or individuals for any purpose authorized by
263     statute, executive order, court rule, court order, or local ordinance;
264          [(c)] (e) agencies or individuals for the purpose of obtaining required clearances
265     connected with foreign travel or obtaining citizenship;
266          [(d) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
267     agency to provide services required for the administration of criminal justice; and]
268          [(ii) the agreement shall specifically authorize access to data, limit the use of the data
269     to purposes for which given, and ensure the security and confidentiality of the data;]
270          [(e)] (f) agencies or individuals for the purpose of a preplacement adoptive study, in
271     accordance with the requirements of Sections 78B-6-128 and 78B-6-130;
272          [(f) (i) agencies and individuals as the commissioner authorizes for the express purpose
273     of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
274     agency; and]
275          [(ii)] (g) private security agencies through guidelines established by the commissioner
276     for employment background checks for their own employees and prospective employees;
277          [(g) a qualifying entity for employment background checks for their own employees
278     and persons who have applied for employment with the qualifying entity; and]
279          (h) state agencies for the purpose of conducting a background check for the following
280     individuals:
281          (i) employees;

282          (ii) applicants for employment;
283          (iii) volunteers; and
284          (iv) contract employees;
285          (i) governor's office for the purpose of conducting a background check on the
286     following individuals:
287          (i) cabinet members;
288          (ii) judicial applicants; and
289          (iii) members of boards, committees, and commissions appointed by the governor;
290          (j) agencies and individuals as the commissioner authorizes for the express purpose of
291     research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
292     agency; and
293          [(h)] (k) other agencies and individuals as the commissioner authorizes and finds
294     necessary for protection of life and property and for offender identification, apprehension, and
295     prosecution pursuant to an agreement.
296          (3) An agreement under Subsection (2)[(f) or (2)(h)](j) shall specifically authorize
297     access to data, limit the use of data to research, evaluative, or statistical purposes, preserve the
298     anonymity of individuals to whom the information relates, and ensure the confidentiality and
299     security of the data.
300          (4) (a) Before requesting information [under Subsection (2)(g)], a qualifying entity
301     [must] under Subsection (2)(c), state agency, or other agency or individual described in
302     Subsections (2)(d) through (i) shall obtain a signed waiver from the person whose information
303     is requested.
304          (b) The waiver [must] shall notify the signee:
305          (i) that a criminal history background check will be conducted;
306          (ii) who will see the information; and
307          (iii) how the information will be used.
308          (c) A qualifying entity under Subsection (2)(c), state agency, or other agency or
309     individual described in Subsections (2)(d) through (g) that submits a request for a noncriminal

310     justice name based background check of local databases to the bureau shall provide to the
311     bureau:
312          (i) personal identifying information for the subject of the background check; and
313          (ii) the fee required by Subsection (15)(a)(ii).
314          (d) A qualifying entity under Subsection (2)(c), state agency, or other agency or
315     individual described in Subsections (2)(d) through (g) that submits a request for a WIN
316     database check to the bureau shall provide to the bureau:
317          (i) personal identifying information for the subject of the background check;
318          (ii) a fingerprint card for the subject of the background check; and
319          (iii) the fee required by Subsection (15)(a)(i).
320          [(c)] (e) Information received by a qualifying entity under Subsection (2)[(g)](c), state
321     agency, or other agency or individual described in Subsections (2)(d) through (i) may only be:
322          (i) available to [persons] individuals involved in the hiring or background investigation
323     of the job applicant or employee; [and]
324          (ii) used for the purpose of assisting in making an employment, appointment, selection,
325     or promotion decision[.]; and
326          (iii) used for the purposes disclosed in the waiver signed in accordance with Subsection
327     (4)(b).
328          [(d) A person] (f) An individual who disseminates or uses information obtained from
329     the division under [Subsection (2)(g)] Subsections (2)(c) through (i) for purposes other than
330     those specified under Subsection (4)[(c)](e), in addition to any penalties provided under this
331     section, is subject to civil liability.
332          [(e)] (g) A qualifying entity under Subsection (2)(c), state agency, or other agency or
333     individual described in Subsections (2)(d) through (i) that obtains background check
334     information [under Subsection (2)(g)] shall provide the [employee or employment applicant]
335     subject of the background check an opportunity to:
336          (i) review the information received as provided under Subsection (9); and
337          (ii) respond to any information received.

338          [(f)] (h) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
339     Act, the division may make rules to implement this Subsection (4).
340          [(g)] (i) The division or its employees are not liable for defamation, invasion of
341     privacy, negligence, or any other claim in connection with the contents of information
342     disseminated under [Subsection (2)(g)] Subsections (2)(c) through (i).
343          (5) (a) Any criminal history record information obtained from division files may be
344     used only for the purposes for which it was provided and may not be further disseminated,
345     except under Subsection (5)(b), (c), or (d).
346          (b) A criminal history provided to an agency pursuant to Subsection (2)[(e)](f) may be
347     provided by the agency to the [person] individual who is the subject of the history, another
348     licensed child-placing agency, or the attorney for the adoptive parents for the purpose of
349     facilitating an adoption.
350          (c) A criminal history of a defendant provided to a criminal justice agency under
351     Subsection (2)(a) may also be provided by the prosecutor to a defendant's defense counsel,
352     upon request during the discovery process, for the purpose of establishing a defense in a
353     criminal case.
354          (d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
355     Transit District Act, that is under contract with a state agency to provide services may, for the
356     purposes of complying with Subsection 62A-5-103.5(5), provide a criminal history record to
357     the state agency or the agency's designee.
358          (6) The division may not disseminate criminal history record information to qualifying
359     entities under Subsection (2)[(g)](c) regarding employment background checks if the
360     information is related to charges:
361          (a) that have been declined for prosecution;
362          (b) that have been dismissed; or
363          (c) regarding which a person has been acquitted.
364          (7) (a) This section does not preclude the use of the division's central computing
365     facilities for the storage and retrieval of criminal history record information.

366          (b) This information shall be stored so it cannot be modified, destroyed, or accessed by
367     unauthorized agencies or individuals.
368          (8) Direct access through remote computer terminals to criminal history record
369     information in the division's files is limited to those agencies authorized by the commissioner
370     under procedures designed to prevent unauthorized access to this information.
371          (9) (a) The commissioner shall establish procedures to allow an individual right of
372     access to review and receive a copy of the individual's criminal history report.
373          (b) A processing fee for the right of access service, including obtaining a copy of the
374     individual's criminal history report under Subsection (9)(a) is $15. This fee remains in effect
375     until changed by the commissioner through the process under Section 63J-1-504.
376          (c) (i) The commissioner shall establish procedures for an individual to challenge the
377     completeness and accuracy of criminal history record information contained in the division's
378     computerized criminal history files regarding that individual.
379          (ii) These procedures shall include provisions for amending any information found to
380     be inaccurate or incomplete.
381          (10) The private security agencies as provided in Subsection (2)[(f)(ii)](g):
382          (a) shall be charged for access; and
383          (b) shall be registered with the division according to rules made by the division under
384     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
385          (11) Before providing information requested under this section, the division shall give
386     priority to criminal justice agencies needs.
387          (12) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
388     use, disclose, or disseminate a record created, maintained, or to which access is granted by the
389     division or any information contained in a record created, maintained, or to which access is
390     granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or
391     policy of a governmental entity.
392          (b) A person who discovers or becomes aware of any unauthorized use of records
393     created or maintained, or to which access is granted by the division shall inform the

394     commissioner and the director of the Utah Bureau of Criminal Identification of the
395     unauthorized use.
396          (13) (a) Subject to Subsection (13)(b), a qualifying entity [or an entity described in
397     Subsection (2)(b)] under Subsection (2)(c), state agency, or other agency or individual
398     described in Subsection (2)(d) may request that the division register fingerprints taken for the
399     purpose of conducting current and future criminal background checks under this section with:
400          (i) the WIN Database rap back system, or any successor system;
401          (ii) the FBI Rap Back System; or
402          (iii) a system maintained by the division.
403          (b) A qualifying entity [or an entity described in Subsection (2)(b)] under Subsection
404     (2)(c), state agency, other agency or individual described in Subsection (2)(d) may only make a
405     request under Subsection (13)(a) if the entity:
406          (i) has the authority through state or federal statute or federal executive order;
407          (ii) obtains a signed waiver from the individual whose fingerprints are being registered;
408     and
409          (iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
410     notifications for individuals with whom the entity maintains an authorizing relationship.
411          (14) The division is authorized to submit fingerprints to the FBI Rap Back System to
412     be retained in the FBI Rap Back System for the purpose of being searched by future
413     submissions to the FBI Rap Back System, including latent fingerprint searches.
414          (15) (a) [(i) The] For a noncriminal justice applicant:
415          (i) the applicant fingerprint card fee under Subsection (2) is $20[.]; and
416          (ii) [The] the name background check fee under Subsection (2) is $15.
417          [(iii)] (b) The fee to register fingerprints under Subsection (13)(a)(i) is $5.
418          [(iv)] (c) The fees described in [this Subsection] Subsections (15)(a) and (b) remain in
419     effect until changed by the division through the process under Section 63J-1-504.
420          [(b)] (d) Funds generated under this Subsection (15) shall be deposited into the General
421     Fund as a dedicated credit by the department to cover the costs incurred in providing the

422     information.
423          [(c)] (e) The division may collect fees charged by an outside agency for services
424     required under this section.
425          (16) For the purposes of conducting a criminal background check authorized under
426     Subsection (2)(h) or (2)(i), the Department of Human Resource Management, in accordance
427     with Title 67, Chapter 19, Utah State Personnel Management Act, and the governor's office
428     shall have direct access to criminal background information maintained under Title 53, Chapter
429     10, Part 2, Bureau of Criminal Identification.
430          Section 7. Section 59-1-206.1 is enacted to read:
431          59-1-206.1. Definitions -- Background checks for employees.
432          (1) As used in this section:
433          (a) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201.
434          (b) "Return information" means the same as that term is defined in 26 U.S.C. Sec.
435     6103.
436          (2) The commission shall:
437          (a) require the following individuals to submit to a nationwide criminal background
438     check and ongoing monitoring of that nationwide criminal background check as a condition of
439     employment:
440          (i) an employee or contractor of the commission that has access to return information
441     in the custody of the commission, regardless of whether access by the employee or contractor is
442     authorized; and
443          (ii) an employee or contractor of the commission that has access to information in the
444     custody of the commission in the Utah Criminal Justice Information System, regardless of
445     whether access by the employee or contractor is authorized; and
446          (b) require the following individuals to submit to a nationwide criminal background
447     check and ongoing monitoring of the nationwide criminal background check:
448          (i) an employee or contractor of another state agency, or an employee of the office of
449     the attorney general, that has access to return information in the custody of the commission,

450     regardless of whether access by the employee or contractor is authorized; and
451          (ii) an employee or contractor of another state agency, or an employee of the office of
452     the attorney general, that has access to information in the custody of the commission in the
453     Utah Criminal Justice Information System, regardless of whether access by the employee or
454     contractor is authorized.
455          (3) The commission shall collect the following from an individual required to submit
456     to a background check under Subsection (2):
457          (a) the personal identifying information required on the fingerprint card; and
458          (b) consent, on a form specified by the commission, for:
459          (i) an initial fingerprint-based state, regional, and national background check by the
460     Federal Bureau of Investigation and the bureau upon submission of the application; and
461          (ii) retention of personal identifying information for ongoing monitoring through
462     registration with the systems described in Subsection 53-10-108(13).
463          (4) For an individual required to submit to a background check under Subsection (2),
464     the commission shall submit the individual's personal identifying information to the bureau for:
465          (a) an initial fingerprint-based background check by the Federal Bureau of
466     Investigation and the bureau; and
467          (b) ongoing monitoring through registration with the systems described in Subsection
468     53-10-108(13) if the results of the initial background check do not contain disqualifying
469     criminal history information as determined by the commission.
470          (5) The commission shall:
471          (a) submit any fees required under Subsection 53-10-108(15) to the bureau; and
472          (b) identify the appropriate privacy risk mitigation strategy that will be used to ensure
473     that the commission only receives notifications for individuals described in Subsection (2).
474          (6) The bureau shall provide all the results from the state, regional, and nationwide
475     criminal history background checks and monitoring performed under Subsection (4) to the
476     commission.
477          (7) On or before May 1, 2019, the commission shall:

478          (a) collect the information and consent described in Subsection (3) from individuals
479     described in Subsection (2)(a) who:
480          (i) were employed by or under contract with the commission prior to May 8, 2018; and
481          (ii) are employed by or under contract with the commission; and
482          (b) submit the information and consent described in Subsection (3) to the bureau for
483     ongoing monitoring through registration with the systems described in Subsection
484     53-10-108(13).
485          (8) Upon receipt of criminal history information under Subsection 53-10-108(13)
486     regarding an individual described in Subsection (2)(a), the commission shall assess the
487     employment status of the employee or contractor.
488          (9) Upon receipt of criminal history information under Subsection 53-10-108(13)
489     regarding an individual described in Subsection (2)(b), the commission shall deny the
490     employee or contractor access to:
491          (a) return information in the custody of the commission; and
492          (b) information in the custody of the commission in the Utah Criminal Justice
493     Information System.
494          Section 8. Section 63A-2-106 is enacted to read:
495          63A-2-106. Background checks for employees.
496          (1) As used in this section, "bureau" means the Bureau of Criminal Identification
497     created in Section 53-10-201.
498          (2) Beginning July 1, 2018, the division shall require all applicants for the following
499     positions to submit to a fingerprint-based local, regional, and national criminal history
500     background check and ongoing monitoring as a condition of employment:
501          (a) assistant directors;
502          (b) contract analysts; and
503          (c) purchasing agents.
504          (3) Each applicant for a position listed in Subsection (2) shall provide a completed
505     fingerprint card to the division upon request.

506          (4) The division shall require that an individual required to submit to a background
507     check under Subsection (3) provide a signed waiver on a form provided by the division that
508     meets the requirements of Subsection 53-10-108(4).
509          (5) For a noncriminal justice background search and registration in accordance with
510     Subsection 53-10-108(13), the division shall submit to the bureau:
511          (a) the applicant's personal identifying information and fingerprints for a criminal
512     history search of applicable local, regional, and national databases; and
513          (b) a request for all information received as a result of the local, regional, and
514     nationwide background check.
515          (6) The division is responsible for the payment of all fees required by Subsection
516     53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by
517     the bureau.
518          (7) The division may make rules in accordance with Title 63G, Chapter 3, Utah
519     Administrative Rulemaking Act, that:
520          (a) determine how the division will assess the employment status of an individual upon
521     receipt of background information; and
522          (b) identify the appropriate privacy risk mitigation strategy to be used in accordance
523     with Subsection 53-10-108(13)(b).
524          Section 9. Section 63A-3-201 is amended to read:
525          63A-3-201. Appointment of accounting and other officers and employees by
526     director of the Division of Finance -- Delegation of powers and duties by director --
527     Background checks.
528          (1) With the approval of the executive director, the director of the Division of Finance
529     shall appoint an accounting officer and other administrative officers that are necessary to
530     efficiently and economically perform the functions of the Division of Finance.
531          (2) The director of the Division of Finance may:
532          (a) organize the division and employ other assistants to discharge the functions of the
533     division;

534          (b) delegate to assistants, officers, and employees any of the powers and duties of the
535     office subject to his or her control and subject to any conditions he may prescribe; and
536          (c) delegate the powers and duties of the office only by written order filed with the
537     lieutenant governor.
538          (3) (a) As used in this Subsection (3):
539          (i) "Public employee" means a person employed by a state agency.
540          (ii) "Public funds" means money, funds, and accounts, regardless of the source from
541     which the money, funds, and accounts are derived, that are owned, held, or administered by a
542     state agency.
543          (iii) "Public funds position" means employment with a state agency that requires:
544          (A) physical or electronic access to public funds;
545          (B) performing internal control functions or accounting;
546          (C) creating reports on public funds; or
547          (D) using, operating, or accessing state systems that account for or help account for
548     public funds.
549          (iv) "State agency" means:
550          (A) an executive branch agency; or
551          (B) a state educational institution with the exception of an institution defined in
552     Subsection 53B-1-102(1).
553          (b) The Division of Finance may require that a public employee who applies for or
554     holds a public funds position:
555          (i) submit a fingerprint card in a form acceptable to the division;
556          (ii) consent to a criminal background check by:
557          (A) the Federal Bureau of Investigation;
558          (B) the Utah Bureau of Criminal Identification; or
559          (C) another agency of any state that performs criminal background checks; or
560          (iii) consent to a credit history report, subject to the requirements of the Fair Credit
561     Reporting Act, 15 U.S.C. Sec. 1681 et seq.

562          (c) The Bureau of Criminal Identification shall provide all the results from the state,
563     regional, and nationwide criminal history background checks to the division.
564          [(c)] (d) The Division of Finance may, in accordance with Title 63G, Chapter 3, Utah
565     Administrative Rulemaking Act, adopt rules to implement this section.
566          Section 10. Section 63M-2-304 is enacted to read:
567          63M-2-304. Background checks for employees.
568          (1) As used in this section, "bureau" means the Bureau of Criminal Identification
569     created in Section 53-10-201.
570          (2) Beginning July 1, 2018, the governing authority:
571          (a) shall require all applicants for Schedule A positions, in accordance with Section
572     67-19-15, to submit to a fingerprint-based local, regional, and national criminal history
573     background check and ongoing monitoring as a condition of employment; and
574          (b) may require applicants for time limited positions to submit to a fingerprint-based,
575     local, regional, and national criminal history background check and ongoing monitoring as a
576     condition of employment if the applicant, as an employee:
577          (i) will interact with children, or vulnerable adults as defined in Section 62A-2-120; or
578          (ii) may have access to sensitive personal and financial information.
579          (3) Each individual in a position listed in Subsection (2) shall provide a completed
580     fingerprint card to the governing authority upon request.
581          (4) The governing authority shall require that an individual required to submit to a
582     background check under Subsection (3) provide a signed waiver on a form provided by the
583     governing authority that meets the requirements of Subsection 53-10-108(4).
584          (5) For a noncriminal justice background search and registration in accordance with
585     Subsection 53-10-108(13), the governing authority shall submit to the bureau:
586          (a) the applicant's personal identifying information and fingerprints for a criminal
587     history search of applicable local, regional, and national databases; and
588          (b) a request for all information received as a result of the local, regional, and
589     nationwide background check.

590          (6) The governing authority is responsible for the payment of all fees required by
591     Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of
592     Investigation by the bureau.
593          (7) The governing authority may make rules in accordance with Title 63G, Chapter 3,
594     Utah Administrative Rulemaking Act, that:
595          (a) determine how the governing authority will assess the employment status of an
596     individual upon receipt of background information; and
597          (b) identify the appropriate privacy risk mitigation strategy to be used in accordance
598     with Subsection 53-10-108(13)(b).
599          Section 11. Section 67-3-10 is enacted to read:
600          67-3-10. Background checks for employees.
601          (1) As used in this section, "bureau" means the Bureau of Criminal Identification
602     created in Section 53-10-201.
603          (2) Beginning July 1, 2018, the state auditor shall require employees involved in an
604     audit, investigation, or review requiring access to information and records, the access to which
605     requires a background check by federal statute or regulation, to submit to a fingerprint-based
606     local, regional, and national criminal history background check and ongoing monitoring as a
607     condition of employment.
608          (3) Each individual in a position listed in Subsection (2) shall provide a completed
609     fingerprint card to the state auditor upon request.
610          (4) The state auditor shall require that an individual required to submit to a background
611     check under Subsection (3) provide a signed waiver on a form provided by the state auditor that
612     meets the requirements of Subsection 53-10-108(4).
613          (5) For a noncriminal justice background search and registration in accordance with
614     Subsection 53-10-108(13), the state auditor shall submit to the bureau:
615          (a) the applicant's personal identifying information and fingerprints for a criminal
616     history search of applicable local, regional, and national databases; and
617          (b) a request for all information received as a result of the local, regional, and

618     nationwide background check.
619          (6) The state auditor is responsible for the payment of all fees required by Subsection
620     53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by
621     the bureau.
622          (7) The state auditor may set office policy that:
623          (a) determines how the state auditor will assess the employment status of an individual
624     upon receipt of background information; and
625          (b) identifies the appropriate privacy risk mitigation strategy to be used in accordance
626     with Subsection 53-10-108(13)(b).